Declaration of Restrictions of Valhalla Subdivision
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WHEREAS, at a regular meeting of the membership held on January 27, 2019, a two- third (2/3rd) majority of the Association membership approved this Seventh Amendment to and Total Restatement of Declaration of Restrictions of Valhalla Subdivision.
NOW THEREFORE, the Association, by and through its appropriate corporate officers, hereby declares that this Seventh Amendment to and Total Restatement of Declaration of Restrictions are hereby imposed upon Valhalla Subdivision according to plat thereof recorded in Plat Book 67, Page 34, Public Records of Polk County, Florida.
ARTICLE 1 - DEFINITIONS
1. “Association” shall mean and refer to VALHALLA HOMEOWNERS ASSOCIATION, INC., a not-for-profit corporation, its successors and assigns.
2. “Common Areas” shall mean all real property owned by Valhalla Homeowners Association or easement rights given the Association to be used and enjoyed equally by all lot owners. The Common Areas to be owned and/or maintained by the Association are: entrance area and signs, guard house, lighting, roads, landscaping, tennis courts, swimming pool, fence, drainage easements, land between lots, lakefront, irrigation system, clubhouse, maintenance building and caretaker’s home.
3. “Lot” shall mean the (60) individually numbered plots of land shown on the recorded subdivision map of VALHALLA SUBDIVISION as recorded in Plat Book 67, page 34, Public Records of Polk County, Florida.
4. “Maintenance” shall mean the exercise of reasonable care to maintain the Common Areas, home and/or lot landscaping comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally accepted garden-management practices necessary to promote a healthy, weed-free environment for optimum plant growth.
5. “Member” and “owner” shall be interchangeable and shall mean the record owner, whether one or more persons or entities of a fee simple title to any lot which is part of the subdivision, and shall include contract sellers, but shall not include those holding title merely as security for the performance of an obligation.
6. “Mortgage” shall mean a conventional mortgage or a deed of trust.
7. “Mortgagee” shall mean a holder of a conventional mortgage or a beneficiary under or holder of a deed of trust.
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8. “Subdivision” shall mean the subdivided real property hereinbefore described as VALHALLA SUBDIVISION as recorded in Plat Book 67, Page 34, public records of Polk County, Florida.
ARTICLE ll - MEMBERSHIP IN ASSOCIATION; VOTING RIGHTS
Section 1. Every owner of a home or a building lot shall be a member of the Association; membership shall be appurtenant to and may not be separated from ownership of a lot.
Members shall be entitled to one vote for each residential dwelling or whole lot owned. When more than one person or entity holds an interest in a given lot, each such person or entity shall have a fractional vote as to that lot computed on the basis of the total square footage of the lot owned by each owner. By way of illustration, if two (2) members each own a whole lot and together also own one-half of the total square footage in another lot lying between them, each member shall only have one and a half (1-1/2) votes.
ARTICLE lll - ASSESSMENTS
Section 1. Lien and personal obligation of assessments. The undersigned hereby covenant for each lot within the subdivision and each owner of a lot is hereby deemed to covenant by acceptance of his deed for such lot, whether or not it shall be so expressed in his deed, to pay to the association: (1) annual assessments, which at the election of the Board of Directors can be made payable monthly or quarterly; and (2) special assessments for capital improvements. Such assessments will be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, late fees and reasonable attorney’s fees, shall be a charge on the land and a continuing lien on each lot against which such assessment is made. Each such assessment, together with interest, costs, late fees and reasonable attorney’s fees, shall be the personal obligation of the person or persons who owned the lot at the time the assessment fell due.
Section 2. Purpose of annual assessments. The annual assessment levied by the Association shall be used exclusively to promote the health, safety, welfare, and recreation of the residents in the subdivision and for the improvement, repair and maintenance of the Common Areas in the Subdivision. Annual assessments shall include, and the Association shall acquire and pay for out of the funds derived from annual assessments, the following:
(a) Maintenance, repair, preservation, and improvement of the Common Areas, all landscaping in the Common Areas and around dwellings, and all other operating costs of the Association;
(b) Water, sewer, garbage, electrical, lighting, telephone, gas, and other necessary utility services for the Common Areas;
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(c) Acquisition of all furnishings, equipment, landscaping materials, and personnel necessary to manage and properly take care of the day-to-day operation and upkeep of the Common Areas, including any recreational facilities which may be located thereon;
(d) Insurance covering the full insurable replacement value for fire and extended coverage on the clubhouse, maintenance home, and irrigation pump system;
(e) Liability insurance insuring the Association against any and all liability to the public, to any owner or to the invitees or tenants of any owner arising out of their occupation and/or use of the Common Areas. The policy limits shall be set by the Board of Directors and shall be reviewed at least annually and increased or decreased in the discretion of the Board of Directors;
(f) Workmen’s compensation insurance to the extent necessary to comply with Florida Statutes §440.38, and any other insurance deemed necessary by the Board of Directors of the Association;
(g) A standard fidelity bond covering all members of the Board of Directors of the Association and all other employees of the Association in an amount to be determined by the Board of Directors (if the Board determines said bond to be necessary or proper);
(h) Reserves for future improvements or repairs to the Common Areas as established by the Board of Directors and allowed by Florida law; and
(i) Any other materials, supplies, labor, services, utilities, (including the hiring of accountants, attorney, engineers or other professionals), insurance, taxes, or assessments which the Association is required to secure or pay pursuant to the terms of this Declaration or by law or which shall be necessary or proper in the opinion of the Board of Directors of the Association to carry out its assigned functions for the benefit or welfare of lot owners or the enforcement of these restrictions.
In the event the need for maintenance or repair is attributed to the willful or negligent act of the owner of a lot, his family, guests or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such lot is subject.
Section 3. Special assessments for capital improvements. In addition to the annual assessments authorized above, the Board of Directors may with the approval of the Association levy in any assessment year a special assessment applicable to that year only for the purpose of defraying in whole or part the cost of any construction, reconstruction, repair or replacement of a capital improvement on the Common Areas, including fixtures and personal property related thereto. Any such assessment must be approved by a majority of the membership of the Association.
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Section 4. Notice and quorum for action authorized under Section 3. Written notice of any meeting called for the purpose of taking any action authorized by Section 3 shall be sent to all members not less than thirty (30) nor more than fifty (50) days in advance of such meeting, In the event the proposed action is favorable by a majority of the votes cast at such meeting, but less than the requisite majority of the membership, members who were not present in person or by proxy may give their written assent within thirty (30) days after the date of such meeting.
Section 5. Rate of assessment. As a general rule, both annual and special assessments shall be at a uniform rate for all lots, with each lot bearing an equal assessment with all other lots in the subdivision.
(a) Notwithstanding this general rule, if a member owns the fee simple title to a second lot contiguous with his building lot, or if a member builds a home upon two contiguous building lots, one lot shall bear full assessment with all other lots, but the second lot shall be assessed at a seventy-five percent (75%) rate as to full assessment. By way of illustration, if two owners each own a whole lot and together also own fractional interests in another lot lying between them, the second lot will be assessed at a seventy-five percent (75%) rate with each owner paying the pro rata share of the assessment as to the lot owned in common based upon the total square footage of the lot owned by each owner.
Section 6. Collection of annual assessments. The Board of Directors shall fix the amount of the annual assessment based upon the annual budget which has been approved by the Membership at an annual meeting or special meeting called for that purpose. The amount of the annual assessment against each lot shall be fixed at least thirty (30) days in advance of the due date thereof and shall fix the date such amounts become due. Assessments may be made payable monthly or quarterly. Notice of the annual assessment shall be sent to every owner subject thereto. The Association shall on demand and for reasonable charge, furnish a certificate signed by an officer of the Association, setting forth whether the assessments against a specific lot have been paid.
Section 7. Effect of non-payment of assessments; remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be deemed in default and the owner may be charged a late charge of five percent (5%) of the unpaid portion of the assessment and the assessment shall thereafter bear interest at the rate of twelve percent (12%) per annum. Payments shall be mailed to or placed in the mailbox of 130 Woden Way. The association may bring an action at law against the owner personally obligated to pay the same, or may foreclose the lien against the property, and the Association shall be entitled to collect all costs and reasonable attorney’s fees incurred in connection with said action on both the trial and appellate court levels. No owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Areas or abandonment of his lot.
Section 8. Subordination of assessment lien to mortgages. The assessment lien provided herein shall be subordinate to the lien of any first mortgage. A sale or transfer of any
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lot shall not affect the assessment lien. No sale or transfer shall relieve such lot from liability for any assessments due prior to sale or thereafter becoming due, or from the lien thereof.
ARTICLE lV - PROPERTY RIGHTS
Section 1. Owner’s Easements of Enjoyment. Every owner of a lot shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to such lot, subject to the following rights of the Association.
(a) The right to suspend the right of use of recreational facilities and the voting rights of any owner for periods during which assessments against his or her lot remain unpaid and the right, after hearing by the Board of Directors, to suspend such rights for a period not exceeding forty-five (45) days for any infraction of the published rules and regulations of the Association;
(b) The right to dedicate or transfer all or any part of the Common Area to any municipality, public agency, authority or utility for such purposes and subject to such conditions as may be agreed upon by the members. No such dedication or transfer shall be effective unless the members entitled to at least two-thirds (2/3rds) of the total votes agree to said dedication or transfer, provided that this paragraph shall not preclude the Board of Directors of the Association from granting easement for the installation and maintenance of electricity, telephone, cablevision, water and sewage, utilities and drainage facilities upon, over, under and across the Common Areas without the assent of the Membership when such easements are requisite for the convenient use and enjoyment of the properties.
Section 2. Delegation of use. Subject to such limitations as may be imposed by the Bylaws, each owner may delegate his right of enjoyment in and to the Common Areas and facilities to the members of his family, his guests, tenants and invitees.
Section 3. Easement of encroachment. There shall exist reciprocal appurtenant easements as between adjacent lots and between each lot and any portion or portions of the Common Areas adjacent thereto for any encroachment due to the unwillful placement, setting, or shifting of the improvements constructed, reconstructed or altered thereon, provided such construction, reconstruction or alteration is in accordance with the terms of this declaration. No easement for encroachment shall exist as to any encroachment occurring due to the willful conduct of any owner.
Section 4. Other Easements.
(a) Easements for installation, maintenance and repair of utilities and drainage facilities are shown on the recorded Subdivision plat. Within these easements, no structure, planting or other materials shall be permitted to remain which may damage or interfere with the installation, repair and maintenance of the utilities or which may damage, interfere with or change the direction or flow of drainage facilities in the easements. The
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easement area of each lot and all improvements thereon or therein shall be continuously maintained by the Owner of such lot, except for improvements the responsibility for maintenance of which rests with the Association or some public authority or public or private utility company.
(b) No dwelling unit or other structure of any kind shall be built, erected or maintained on any such easement or reservation of right-of-way, and such easements, reservations and rights of way shall at all times be open and accessible to the Association, to those public, quasi-public, and private utility corporations, their employees and contractors, approved and designated by the Association, and shall also be open and accessible to Declarant, its successors and assigns, all of whom shall have the right and privilege of doing whatever may be necessary in, on, under and above such locations to carry out any of the purposes for which such easements, reservations and rights-of-way are reserved.
(c) So long as the streets of the subdivision are not dedicated to a public entity, easements for the use of such streets by employees of municipal and/or governmental agencies and their equipment for emergency/police activities are granted.
Section 5. Right of Entry. The Association, through its duly authorized employees and contractors, shall have the right after reasonable notice to the owner thereof, to enter any lot at any reasonable hour on any day to perform such maintenance as may be authorized herein. In the event of any emergency, entry on the lot shall be permitted without notice.
Section 6. No Partition. There shall be no judicial partition of the Common Areas, nor shall any lot owner or any other person acquiring any interest in the subdivision or any part thereof seek judicial partition thereof. However, nothing contained herein shall be construed to prevent judicial partition of any lot owned in co-tenancy.
Section 7. Party Walls. A unit sharing common or party walls with other units may need maintenance or repairs that can best be performed if done concurrently to all units that are attached. Examples of such items would be repair of common roofs and termite fumigation. The units affected by such repairs or maintenance shall agree to such repairs, any special requirements and shall participate on a pro rata basis in the expense incurred to accomplish such repair or maintenance. If there shall be any disagreement as to the need or the shared cost of the repair or maintenance, the matter shall be referred to the Board of Directors and its decision shall be final.
ARTICLE V - USE RESTRICTIONS
Section 1. Every owner shall conform to and abide by the Restrictions, Bylaws and uniform rules and regulations in regard to the use of his or her dwelling in Valhalla Subdivision or the use of Common Areas which may be adopted in writing from time to time by the Board of Directors of the Association. Each owner shall have the responsibility to see that all persons using his property, as guest, tenant or like manner, do likewise.
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Section 2. A member shall not use or permit the use of his lot, or the dwelling thereon, for any purpose other than as a single family residence. No trade business of any kind shall be conducted that involves the coming and going by customers and delivery drivers. Further, a home may not be used to build, manufacture or store inventory of any sort. Notwithstanding the foregoing general prohibition, internet based businesses that merely involve clerical, telephone or computer work a resident does alone inside his/her residential dwelling or out of a home office is permitted.
In compliance with Valhalla standards, an owner shall at all times maintain the exterior of his home, whether he personally occupies the home or not. If at any time a home shall, in the sole opinion of the Board of Directors, be inadequately maintained, it shall be the duty of the Architectural Committee and/or Landscape Committee to examine the home and report in writing to the Board of Directors, specifying the defects and repairs necessary. The Board of Directors shall send a copy of the report to the owner with notice to make the necessary repairs within a reasonable time period determined by the Board.
Section 3. An owner shall not permit or suffer anything to be done or kept on a lot which would increase the rate of insurance relating thereto or to an adjacent lot in the subdivision; no owner shall commit or permit to exist on any lot any nuisance or illegal activity or any other activity which will obstruct or interfere with the rights of other lot owners.
Excessive noise created by things such as pets, the practice of playing of musical instruments, stereos, tape players or other audio or sound equipment shall be strictly prohibited. The Board of Directors shall be the sole decision maker as to when any such activity is excessive and should be prohibited.
Section 4. No signs of any kind shall be displayed to public view on a lot, dwelling, building or the Common Areas except as follows:
When a dwelling is for sale or heirs are disposing of personal property upon the death of an owner, one “Open House” or an “Estate Sale” sign may be placed at the entrance to Valhalla and another on the lot for the duration of the “Open House” or “Estate Sale” only. The duration of either such sale shall not exceed three (3) consecutive days. No flags, streamers, banners or such are to be displayed on the property for sale or at the Valhalla entrance at any time.
A “location and identification” sign not to exceed 12”x20” may be placed on vacant lots. Signs shall be made of 2” thick cedar with lot number and street name only. Letters and numbers are to be routed. Directors or their designees may enter upon any lot and summarily remove any signs which violate the provisions of this paragraph.
Section 5. A member shall be limited to a maximum of three (3) pets with no more than two (2) of any one (1) species. The only pets allowed are birds, dogs and cats. They may
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be kept as pets only and shall not be held or offered for sale or maintained or bred for any commercial use. Birds, dogs and cats which are kept as pets shall be sheltered inside structures; no animal shelter shall be permitted outside. All dogs and cats must be leashed when outside and shall not be permitted to run loose. No other animals, fowl, insects, reptiles or livestock shall be kept or maintained in the subdivision unless approved in advance by the Board. No animal, etc. shall be permitted to remain if it disturbs the tranquility of the subdivision or the owners or tenants thereof, or is dangerous, annoying, a nuisance or destructive of wildlife as determined by the Board after notice and hearing. Animals not on a leash will be restrained and removed after 24-hours if not identified by an owner. It shall be the responsibility of each member to insure the immediate removal of any fecal matter left by pets residing in or visiting the member’s dwelling.
Section 6. No mail or paper box or other receptacle of any kind for use in the delivery of mail, newspapers or similar material shall be located on any lot unless and until the size, location, design and type of material for said boxes or receptacles have been approved by the Board of Directors.
Section 7. Parking shall be limited to passenger vehicles. Overnight guests of any resident may park only in residential driveways or use the parking areas of the clubhouse and tennis courts for temporary overnight parking. There is to be no permanent parking by residents or residents’ guests on streets or Common Areas.
Guests with motor homes may park in the driveway of a resident being visited for a maximum of one (1) night.
Any of the following vehicles owned by a resident shall not be stored or parked on any street, Common Area or residential driveway at any time: campers, any type of truck (including, without limitation, all styles, makes, or models of pick-up trucks), recreational vehicles, motor homes, buses, commercial vehicles, boats, boat trailers or similar vehicles.
Section 8. An owner shall not allow or permit laundry or clothing to be displayed on porches of a dwelling unit or anywhere within said dwelling which makes same clearly visible from the outside of the dwelling unit.
Section 9. No exterior antennas, aerials, large satellite dishes or other apparatus for the transmission and reception of television, radio or other signals of any kind shall be placed, allowed or maintained upon any portion of Valhalla Subdivision. The Association shall have the right, without obligation, to erect an aerial, satellite dish or other apparatus for a master antenna or cable system for the benefit of all members of the Subdivision. If advance approval is received from the Board of Directors, satellite dishes not exceeding twenty (20) inches in diameter may be placed on roofs in areas that are best hidden from view.
Section 10. Any exterior lighting installed on any dwelling shall either be indirect or of such controlled focus and intensity as not to disturb the residents of adjacent dwellings.
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Section 11. Other than the original fences or walls constructed and maintained by the Association on Common Areas, no fence, hedge, wall or other dividing structure shall be constructed or maintained on any lot until the quality, style, color and design has been approved by the Board of Directors.
Section 12. After the initial planting is approved by the Board of Directors, an owner may not plant any type of plant, shrub, vegetable or flower outside the perimeter of his or her dwelling without the approval of the Board of Directors. The owner may water within the perimeter of his residence.
Primarily, it shall be the duty and responsibility of the Association to provide for all mowing, fertilizing, pruning and maintaining of all the yards and Common Areas located within the subdivision with costs of the same being paid by the Association out of annual assessment fees. However, this provision shall not be construed so as to prevent any individual lot owner from planting and cultivating small flower gardens, provided, however, said lot owner must first receive permission from the Landscape Committee of the Association prior to commencement of planting of such flower garden. The costs of acquiring and maintaining vegetation, such as rose gardens, over and beyond Common Area landscaping, shall be borne by the homeowners. In no circumstance shall such vegetation extend beyond a property owner’s boundary line without specific written approval of the Board of Directors. The cost of replacing or renovation of existing landscaping shall be borne by the homeowner requesting same.
Perimeter of a dwelling is the foot print of the outside walls of the dwelling. Boundary of a dwelling is the surveyed lot line of the building lot.
Section 13. No artificial vegetation, exterior sculpture as defined in Schedule B, fountains, basketball backboards, flags or similar items shall be permitted on the exterior of any dwelling or lot if visible from the street or a neighbor’s residence, except U.S. Flags, college and professional basketball and football sports team flags on days that team is playing, military flags on all national holidays and on designated days recognizing that branch of service or all branches of service. Flags signifying the beginning of the season may be flown for one week at the beginning of that season. Flags commemorating Easter, Halloween, Thanksgiving and Labor Day may also be flown on those days.
Section 14. No sheds or buildings of any kind, character or description shall be moved to or constructed on any lot. No playground equipment or prefab sheds of any type may be installed on any lot.
No structure of a temporary character or trailer, tent, mobile home, automobile or recreational vehicle shall be used at any time as a residence either temporarily or permanently.
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Section 15. All garage doors shall remain closed except during the process of opening and closing for the entrance and exit of motor vehicles and periodic cleaning.
Section 16. No tanks, cylinders or containers for the storage of gas, firewood or other similar fuels shall be permitted on any lot without the written approval of the Board of Directors and all firewood, appliances and other such items shall be screened from view of adjacent lots and from the street.
Section 17. No rubbish, trash or other waste material shall be kept or permitted on any lot or on the Common Areas. No fires shall be allowed for the burning of rubbish, trash, garbage, debris or other waste material on any lot or Common Area. All garbage shall be place in plastic garbage bags and tied or sealed. Loose garbage in trash containers is prohibited and shall not be picked up.
Section 18. No lumber, brick, stone, cinder block, concrete or other building materials, scaffolding, mechanical devices or any other thing used for building purposes shall be stored on any lot except for the purpose of repair or construction on such lot and shall not be stored on such lot for longer than the length of time reasonably necessary for the construction of the improvement in which same is to be used. Such construction or repairs shall be completed within a reasonable amount of time not to exceed one (1) year.
Section 19. Motorcycles, motorbikes, motor scooters, motorized bicycles or any other motorized vehicle shall not be operated on any lot or operated to or from any lot over the streets of the Subdivision unless such vehicle is equipped with an adequate and properly functioning muffler. All such vehicles shall only be driven in the Subdivision for ingress and egress and they shall not be operated in such a way as to constitute a nuisance or danger.
Section 20. A residence may be rented while the owner is awaiting the sale of the marketed and listed property or while the owner is absent from the property. For the purposes of this section, “temporary” means a period of time that is one year or less before the owner returns to reside in the residence. Generally speaking, a residence shall not be maintained solely as rental property. Short-term rentals of less than one (1) month are not permitted. In those cases where extenuating circumstances exist and the owner presents that in writing to the Board of Directors, they may waive this restriction for a period of up to one year.
ARTICLE Vl - ARCHITECTURAL MAINTENANCE AND USE RESTRICTIONS
Section 1. Approval of Plans and Architecture and Landscape Committees. For the purpose of further insuring the development of the land as a residential area of highest quality and standards, the Board of Directors shall appoint from time to time the members of the Architecture Committee and Landscape Committee to consist of not less than three (3) nor more than seven (7) members per committee which shall exercise authority to screen plans and specifications and make recommendations for approval to the Board of Directors.
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As a prerequisite to consideration for approval of construction or renovation, and prior to beginning the contemplated work, two (2) complete sets of plans and exterior specifications, including site and landscape plans, must be submitted to the appropriate Committee. Upon written approval being granted by the Board of Directors, construction shall be started and prosecuted to completion promptly and in strict conformity with such plans and specifications as described in Article V. Either Committee shall be entitled to stop any construction in violation of this restriction. Any such exterior addition or change or alteration having been made without first obtaining the approval the Committee shall be deemed to be in violation of this covenant and said owner may be required to restore the lot to its original condition prior to commencement of the construction activity entirely at the lot owner’s expense.
In the event either Committee rejects such plans and specifications as submitted, said Committee shall so inform the property owner, in writing, stating with reasonable detail the reason(s) for disapproval and the Committee’s recommendations to remedy same, if in the sole opinion of the Committee, a satisfactory remedy is possible.
The Board of Directors reserves the exclusive power and discretion to control and approve all of the buildings, structures, landscaping and other improvements on each lot. All remodeling and landscaping plans must be accompanied by site plans and approved as if new construction.
No residence or other building shall be constructed on any lot or building site except under supervision of a licensed “general contractor”, “building contractor” or “residential building contractor”.
Section 2. Building Restrictions
(a) All houses will be required to have adequate landscaping accomplished at the completion of construction which shall include, but not be limited to, sod in the front, side and rear yards.
(b) The exterior of a residence must be brick, rough sawn cedar, stucco (or a combination) or permitted substitutes as determined in the discretion of the Board of Directors. Stucco is limited to gable ends or fire walls towards adjoining future residences. Brick is the preferred material for all areas. (See Schedule “A” attached hereto and made a part hereof by reference, which specifications may be changed from time to time by the Board of Directors.)
(c) Construction of all residences shall be completed within one (1) year after construction commences. Each lot owner shall be responsible for supplying temporary sanitation facilities in a discreet place for workmen during construction and a dumpster of adequate size for storage of construction debris and garbage.
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(d) All lots must be connected to the City of Winter Haven water and sewer system. (e) Energy Conservation Equipment: No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed unless it is an integral and harmonious part of the architectural design of a structure, as determined in the sole discretion of the Board.
(f) No window or wall air conditioning units may be installed. No building shall have any aluminum foil placed in any window or glass door or any reflective substance placed on any glass.
(g) All construction must conform to the specifications detailed on Schedule “A” attached hereto and made a part hereof by reference, which specifications may be changed from time to time by the Board of Directors.
(h) All owners within the subdivision which use stain as a means of weather proofing the outside of said residence shall re-stain said exterior portion of the residence at least once every three (3) years. All owners within the subdivision who use paint as a means of weather proofing the exterior of the residence shall repaint said exterior at least once every five (5) years.
(i) Should a homeowner fail without approval to provide proper exterior maintenance as required by this provision or the provisions of Article V, Section 2, of this Declaration, the Association shall have the power and authority to enter upon the homeowner’s premises for the purpose of providing the exterior maintenance required herein with all costs incurred by the Association in connection with this activity becoming the financial responsibility of the lot owner, and the same may be collected from the lot owner in the same fashion as collection of annual or special assessment.
(j) The provisions of this Section may be waived or modified by the affirmative approval of the Board of Directors upon recommendation of the Architecture Committee and/or Landscape Committee upon proper application by the owner of a residence to the Architecture and/or Landscape Committee.
Section 3. Living Area, Building Heights and Garages.
(a) All principal residences constructed on a lot must contain a minimum of 1,800 square feet, if one story, exclusive of garage, porches, patios, breezeways, storage rooms and the like. If a residence is two (2) stories, the ground floor must contain a minimum of 1,200 square feet, exclusive of garages, porches, patios, breezeways, storage rooms and the like. All residences constructed on the lakefront lots shall contain a minimum of 1,800 square feet on the ground floor, exclusive of garages, porches, patios, breezeways, storage rooms and the like. The finish first floor elevation of all residences constructed on lake front lots shall be established by existing zoning requirements. The overall height shall not exceed thirteen and a
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half (13½) feet above that elevation. The height of the principle residence on all other lots shall not exceed twenty-eight (28) feet above the normal surface of the ground. Floor level shall not exceed twenty-four (24) inches above street level.
(b) Each residence must contain at a minimum an enclosed two (2) car garage as part of the primary residential structure.
(c) All residential driveways and sidewalks must be constructed of reinforced concrete or paver bricks and shall extend from the platted street in front of the residence to the front of the enclosed garage.
(d) The Valhalla Homeowners Association does not provide exterior maintenance upon each lot as follows: paint, repair, replace and care for roofs, exterior building surfaces, fences, drives and parking places and other exterior improvements.
Section 4. If any portion of a residence is destroyed by fire or other casualty, it shall be the duty of the owner thereof to repair same in such a manner as to substantially restore the residence to its appearance and condition prior to the casualty. The plans and specifications for said repair must be submitted to the Architectural Committee and Landscape Committee for its review and recommendation for approval by the Board of Directors prior to commencement of any construction. Such repair shall be commenced within sixty (60) days after the date of occurrence of the casualty and shall be completed within one (1) year after repairs are commenced. Upon commencement of repairs, the owner shall immediately clear or otherwise clean-up the lot of all remaining debris, trash and remnants of the casualty.
If a residence is totally destroyed by fire or other casualty, it shall be the duty of the owner thereof, within a reasonable time (not to exceed ninety (90) days), to make a decision to either rebuild or not to rebuild said residence. If the owner decides to rebuild same, he must first submit his plans and specifications for the residence to the Architecture Committee and Landscape Committee for its review and recommendation for approval by the Board of Directors in the same manner as a lot owner who desires to commence construction on an initial residence on a subdivision lot. If the owner decides not to rebuild the residence, the owner shall immediately clear or otherwise clean up the lot of all remaining debris, trash and remnants of the casualty.
Section 5. Landscaping. All landscaping must conform to the specifications detailed on Schedule “B” attached hereto and made a part hereof by reference, which specifications may be changed from time to time by the Board of Directors.
ARTICLE VII- GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any lot owner, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges now or hereafter imposed by the provisions of this
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Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If any action at law or in equity is brought to enforce these restrictions the prevailing party shall be entitled to a reasonable attorney’s fees.
Section 2. Fines. If, in the opinion of the Association, a lot owner is not complying with a provision in this Declaration, the Association shall give notice of this fact to the owner and shall advise the lot owner what must be done to meet compliance and shall specify a time period, not to exceed fifteen (15) days, within which compliance shall be made. If a lot owner fails to comply with the Association’s requirements within the time allotted, the Association, its agents, employees or designated representative, may suspend, for a reasonable period of time, the rights of a member or a member’s tenants, guests or invitees, or both, to use the Common Property and facilities and may levy reasonable fines, not to exceed $100.00 per violation, against any member or any tenant, guest or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000.00 in aggregate. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney’s fees and costs from the non-prevailing party as determined by the court.
Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect.
Section 4. Amendments. This Declaration may be amended from time to time by recording in the Public Records of Polk County, Florida, an instrument executed by the President and attested by the Secretary of the Association, indicating that a meeting called for purposes of amending was held and that a two-thirds (2/3rds) majority of the voting interest of the Association approved such amendment. Any purchaser or subsequent grantee of any interest in any property now or hereafter made subject to this Declaration by acceptance of a deed or other conveyance therefore, thereby agrees that the covenants and restrictions of this Declaration may be amended as provided herein.
Section 5. Subordination. No breach of any of the conditions herein contained or reentry by reason of such breach shall defeat or render invalid the lien of any mortgage made in good faith and for value as to the Subdivision or any lot therein; provided, however, that such conditions shall be binding on any owner whose title is acquired by foreclosure, trustee’s sale or otherwise.
Section 6. Duration. The covenants, conditions and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or any member thereof for a period of 25 years from the date thereof. Thereafter, they shall be automatically extended for additional periods of 20 years each unless otherwise agreed in writing by the Owners of at least two-thirds (2/3rds) of the subdivision lots.
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SCHEDULE “A” – CONSTRUCTION
New home construction and remodels: Blueprints are required. Two (2) copies of each of the three (3) plans (site, house and landscape) are to be submitted to the Valhalla Architectural Committee for approval. Written approval by the Board of Directors must be granted prior to start of construction.
Existing Homes: The same requirements as new home construction for all exterior renovations and changes.
1. Sewer. The first lot of a group connecting to the sewer system must provide a “Y” in the line for the new house to tie into.
2. Footer. When building on a lot with the adjoining lot vacant, the building must provide a double footer. Minimum 12”x30” with five 5/8” steel verticals for the future house at the corners and a minimum 20” spacing.
3. Block wall. Interior walls between residences must be cement block construction and may not be penetrated in any way for plumbing, electrical, support beams, etc.
4. Brick. Cherokee Autumn Smoke C-87 queen size. Lead time 4 to 5 months. May be obtained through Cement Products & Supply Co., 516 West Main Street, Lakeland, FL (Tel: 863- 686-5141).
5. Fascia. Hardie Trim ¾”x10” rustic grain or 2”x10” rough sawn cedar. Hardie Trim ¾”x8” rustic grain or 2”x8” rough sawn for the rake. Hardie products lead time is 1 month.
6. Soffits. Prefinished perforated aluminum in sand finish or rough sawn veneer wood or Hardie Soffit 12” or 16”, both 12’ long, vented or non-vented. Select cedarmill textured 4’x8’ sheets with plastic vents installed. Hardie products lead time is 1 month.
7. Siding. 1”x6”cedar tongue and groove siding (smooth finish) or Hardie Sierra 5/16”x4’x8’ (or 4’x9’ or 4’x10’) sheets with wood grain texture. Hardie products lead time is 1 month.
8. Stucco. Stucco smooth finish or Hardie panel stucco vertical siding. Hardie products lead time is 1 month.
9. Sheathing. 5/8” plywood, solid sheathing decking adjoining interior wall that will abut another house; must be fire retardant plywood decking 4’ wide along the entire adjoining area.
10. Roofing. Premium self-adhered roofing and waterproofing underlayment.
11. Flashing. Valleys, gutters, downspouts and decking flashing around chimneys may be 16 gauge copper or painted .27 gauge aluminum gutters and downspouts provided by either manufacturers Senox (50-year warranty) or Service Partners (30-year warranty), in the colors of “Royal Brown” or “Beaver Brown” in lieu of copper. One provider of same is A-Team Seamless Gutters (863-224-8420). Roof and chimney flashing is to be Wakaflex, a flexible adhesive product manufactured by Boral America (this replaces lead flashing and seals where the tops of roof tiles meet the chimney) (www.boralamerica.com).
12. Chimneys. Copper chimney caps required.
13. Roof vents. Bronze or color matching roof tile.
14. Vent pipes. All vent pipes to be manifold and exit in an area so they cannot be viewed from the street.
15. Skylights. Shall be a minimum of 7” above the sheathing and have copper flashing.
16. Roof tile. Boral America roof tile (manufacturer of the life tile formerly known as Monier) required. Approved colors are: Villa 900 Marmalade C/T 0.007 (1MPCS6493) Pinto Blend (has a new color combination) Dalcrest Tan
17. Replacing roof tile. Roof tile can be ordered through Sunniland Corp., 5577 ST 542 W, Winter Haven, FL (Tel: 863-967-8888); RSG, 5555 Commercial Blvd., Winter Haven; FL (Tel: 863- 293-1555); ABC Supply, 5995 S. Florida Ave., Lakeland, FL (Tel: 863-646-6748); or Suncoast Roofers Supply, 4401 US 92, Lakeland, FL (Tel: 863-393-0093).
18. Roof tile repainting. The roof tile can be repainted, sealed and reglazed. The flash color tones can also be painted. A company specializing in roof painting and reglazing is Alberson’s Tile Roof Glaze, Inc., 401 S. Falkenburg Road, Tampa, FL 33619; Tel: (813) 661-7600).
19. Roof tile cleaning. Roof tile cleaning is not required or recommended, but same is left to owner discretion.
20. Windows. All exterior windows are to have bronze frames, insulated low E glass (PPG Paints (see end note) in “Valhalla brown”, if required). All window tint shades used must be approved by the Architectural Committee and must match on all sides.
21. Doors. All exterior doors are to be bronze color (PPG Paints (see end note) in “Valhalla brown”). The only exception is the entrance door to the home. A request to the Architectural Committee must be submitted if a color other than bronze is desired for the front door only.
22. Garage door. Raynor doors with Hampton panels and automatic electric openers (PPG Paints (see end note) in “Valhalla brown”).
23. Driveways. Concrete or paver block; color to match exterior brick color; color choices must be approved by the Architectural Committee.
24. Exterior color. All finish, siding, fascia, trim, etc. should be PPG Paints (see end note) in “Valhalla brown”).
25. Exterior light fixtures. Kichler #9234AZ (architectural bronze) or Progress Lighting #P5674-20 (antique bronze) down lighting. Available at Amazon.com or Lighting Hut, 230 North Ingraham Avenue, Lakeland, FL (Tel: 863-225-0695). Security lighting shall be indirect or of such controlled focus and intensity as not to disturb the residents of adjacent dwellings.
26. House numbers. House numbers will be obtained through Valhalla Architectural Committee and installed and paid for by homeowner. A space 8½” wide by 6¾” deep must be recessed on front of the garage under a light fixture (as specified above).
27. Mail boxes. Replacement mail boxes must meet specifications of current mailboxes and will be installed by homeowner.
28. Construction/remodeling debris. There shall be a dumpster and portable toilet on the site for the duration of any construction, not to exceed 12 months. NO construction or remodeling debris is to be placed in Valhalla dumpsters.
NOTE: PPG Paints is located at 1275 First Street South, Winter Haven (Tel: 863-294-4279). There is an automatic discount for anyone buying “Valhalla brown” if you advise the PPG employee that you are a Valhalla homeowner.
SCHEDULE “B” – LANDSCAPE GUIDELINES
New homes. Two (2) copies of the proposed landscape plans are to be submitted to the Landscape Committee for approval. The plans should include the layout of plantings with perimeter dimensions and list each plant species and their placement.
Re-landscaping. A copy of the proposed landscape plan is to be submitted to the Landscape Committee, who will submit same, with their recommendation, to the Board for approval. The plan should show the layout of plantings with perimeter dimension and list each plant species and their placement. All costs of landscaping are to be borne by the homeowner.
Plant placement. Homeowners wanting to replace their old, diseased or dead shrub may do so. No approval is necessary. The cost of replacement shrubbery is to be borne by the homeowner. Valhalla employees or independent contractors will remove all discarded plants and trimmings placed by the curb by the homeowner.
1. Tree removal. All requests for removal of trees for aesthetic or nuisance reasons must be submitted in writing to the Landscape Committee and may be done only following approval by the Board of Directors. The cost of removal and replacement of the removed tree(s) for these reasons shall be borne by the homeowner. If a tree is removed from common ground by Valhalla’s Homeowners Association, the cost for removal and replacement shall be borne by Valhalla.
2. Tree pruning. All requests for pruning, whether lifting or cleaning tree limbs, shall be submitted in writing to the Landscape Committee and may be done only following approval by the Board of Directors. The homeowner shall pay for the pruning when the trees are located on his/her lot and Valhalla shall pay when the trees are located on common property. Branches that present a risk for damaging a home are to be removed by Valhalla.
3. Tree species. Approved or suggested tree species are: live oak, laurel oak, holly, elm, little gem magnolia, golden rain, dogwood, crepe myrtle, all palms, loblolly bay and weeping yaupon.
4. Shrubbery. The following suggested shrub species are for new planting or replacement and all grow well in our soil: azaleas, Indian Hawthorne, boxwood, ixoras, blue and evergreen giant liriope, viburnum, hibiscus, plumbago, Buford holly, Nellie Stevens holly, East Palatka holly, crepe myrtle, schefflera, podocarpus, pittosporum, camellia, gardenia, bird of paradise, nandina, ficus, agapanthus, day lily, thryallis, society garlic, cast iron, holly fern, philodendron, spathiphyllum, oleander and gingers. Not permissible: any type of artificial vegetation as referenced in the Valhalla Restrictions, Article V, Section 13.
5. Annuals. Homeowners may plant and shall maintain flower gardens inside the perimeter of their lot. Cost of planting and maintaining shall be borne by the homeowner.
Plans for annuals desired to be planted outside your home perimeter MUST be submitted to the Landscape Committee, who will thereafter seek approval from the Board.
6. Mulch. Only natural color cypress mulch, pine straw or pine bark nuggets (NO red mulch). Homeowners are responsible for purchase and spreading of mulch around their dwelling. NOT APPROVED as mulch is gravel, stones, rocks or artificial mediums.
7. Fertilizing, herbicides and pruning. It is the primary responsibility of Valhalla to provide these services to all yards and common areas.
8. Sculptures. Sculptures of all types are allowed inside courtyards and private areas, but not beyond the foundation walls of a home. They MUST NOT be visible from the road or your neighbor’s property pursuant to Valhalla Restrictions, Article V, Section 13. Plant containers (larger than 5 gallons in size) may be visible from the road. Seasonal smaller plants are permitted. Bird feeders are discouraged.
9. House numbers. Please trim your shrubs so that your house number is visible at all times.
10. Air conditioning units and like items such as generators, above ground tanks, outside grills, etc. These items must be screened from view of neighbors (front, back and from the street), pursuant to Valhalla’s most recent Declaration of Restrictions, Article V, Section 16. Shrubbery is one of the approved ways to screen items, but same must be large enough to screen the items from day one.
11. Sod. All lots must be completely sodded with the correct type of sod for either a sun or shade location. If in doubt, contact the Landscape Committee.
12. Irrigation Sprinkler System. Each lot has 2 zones of sprinklers. One zone irrigates close to the home and the other sprinkles the common area nearest the home. Installation: All costs of new systems or existing systems due to re-landscaping shall be borne by the homeowner. Valhalla will operate/repair the irrigation system as needed. Please report any sprinkler malfunction location as soon as possible (in writing) to the Landscape Committee.
If there is any conflict in this document with the provisions contained in the last recorded Restrictions, the Declaration of Restrictions shall prevail.