Restrictions For Use of Property of Oasis Condominium,
A Residential Marina Development
The following restrictive covenants shall affect and encumber each Lot within The Property which has been transferred from the Developer, to-wit:
Use. All Lots are for single family and two family residential purposes only, no industrial or commercial uses are allowed. No lot shall contain more than one dwelling. No building or structure intended for or adapted to business purposes, and no apartment house, lodging house, rooming house, or doctor's office, or other multiple family dwelling, shall be erected, placed, permitted or maintained on any Lot, Common Areas, or Limited Common Areas or on any part thereof. Nothing herein shall prevent the Developer’s use of the Lots or sale of the Lots to multiple owners, through partial ownership, or through a time-sharing arrangement, which may be managed by the Developer. The use of Lots for commercial, institutional, medical, religious, or storage purposes is strictly prohibited.
No Disturbance. The owners of the Lots shall at all times keep their Lots and maintain their improvements in a sanitary, healthful, and attractive manner. No noxious or offensive activity shall be carried on or permitted upon any Lot or within any dwelling situated upon the Property, nor shall anything be done therein or thereon which may be or become an annoyance or nuisance to the neighborhood, other Lot Owners, or the Developer.
Animals. The maintenance, keeping, boarding and/or raising of animals, livestock, insect colonies, bee hives, or poultry of any kind, regardless of number, shall be and is hereby prohibited on any Lot or within any dwelling situated on the Property, except there shall be permitted the keeping of dogs, cats, and caged birds within the confines of a cage, structure, or fencing so as not to roam free. Domestic pets shall not be kept, bred, or maintained for commercial purposes, and provided further, that such domestic pets shall not be a source of annoyance or nuisance to the neighborhood or other Members. Pets shall be registered, licensed and inoculated as may from time to time be required by law and shall be kept on a leash when not in an enclosed area.
Trash. All Lots shall be at all times kept in a healthful, sanitary, and attractive condition at Lot Owner’s expense. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste (collectively “Trash”). Trash and garbage container shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained upon any Lot, and burning of Trash shall not be permitted at any time. Garbage trash and other refuse shall be placed in covered containers. Trash and garbage collection shall only be conducted by the public department charged with such duty, or by the private company selected by and compensated by the Association as provided for hereinabove. During construction of improvements on any Lot, new building materials used in construction may be placed on the Lot at the time the construction is commenced and may be maintained for reasonable times. Upon completion of the improvements, all construction materials shall be removed from the Lot, or stored in a suitable enclosure on the Lot.
Mining. No Lot shall be used for the purpose of boring, mining, dirt removal, quarrying, exploring for or removing oil or other hydrocarbons, minerals, gravel or earth. No oil drilling or development operations shall be permitted on any Lot, nor shall oil and water wells or tanks be permitted on any Lot.
Satellite Dishes. No satellite dishes, except those 18" and less in diameter, or as otherwise may be approved by the Architectural Control Committee, antennas, towers or other device for the reception of communication signals shall be allowed, except within an enclosed building or structure or as otherwise approved of by the Architectural Control Committee. Clothes lines and drying yards are strictly prohibited.
Fireplace. Fireplace flues and chimneys shall be covered with at least the same materials as are used on the exteriors of the Improvements, or brick masonry. Chimneys caps shall be installed on the chimneys and all roof vents shall be of a color which blends in with the surrounding roof material.
Exterior Lighting. Exterior lighting shall be of a nature as to not disturb the Lot Owners and installed with the approval of the Architectural Control Committee.
Roofing Materials. All roof materials shall be submitted for review by the Architectural Control Committee prior to commencing construction. Metal roofs are required, subject to the approval of the Architectural Control Committee. The roof of a boat slip may be a flat balcony, but must have a pitched roof constituting 20% of the structure, and must have wood deck and black wrought iron railing.
Rails on Balconies and Porches. All balconies and porches more than 10 feet from ground level shall be bordered with a wrought iron black fence constructed of materials and in the design which shall be approved by the Architectural Control Committee.
Utilities. No water pipe, sewer pipe, gas pipe, drainage pipe, telephone line, electrical line or cable, television cable or similar transmission line, or the like, shall be installed or maintained on any Lots above the surface of the ground except for above ground lawn hoses. Standby generators and fuel tank installations require approval of the Architectural Control Committee and shall be housed in a structure which matches construction of the improvements on the Lot such that they are not visible to the public.
Temporary Structures. No structure of a temporary character, and no trailer, house trailer, mobile home, modular housing, or shed shall be erected, used or maintained on any Lot at any time provided, however, this restriction shall not prohibit the maintenance of those temporary structures, trailers or the like which are necessary during the construction, remodeling and/or renovation of any improvements thereon by the Developer. No such temporary structures, trailers of the like shall be utilized for dwelling purposes and all such structures, trailers of the like shall be removed from the Lot promptly following the completion of any or such improvements. Modular construction by the Developer only shall be permitted.
Signage. No signs or advertising of any character shall be erected, posted or displayed upon, in or about any Lot or dwelling situated upon the Property, with three exceptions: (1) Lot owners may place one temporary real estate sign and one temporary builder's sign, not exceeding six (6) square feet in area, each may erected upon any Lot or attached to any dwelling placed upon the market for sale or rent. Any such temporary real estate sign shall be removed promptly following the sale or rental of such dwelling, (2) Developer or the Association may install entrance signs, directional signs, signs for traffic control or safety, and such promotional signs or signs as may be maintained by the Developer or the Association, and (3) Contractors and their subcontractors may place signs, not to exceed 24 inches by 36 inches on any Lot during construction of a residence, boathouse, swimming pool, or other structure. No other signs of any kind, including political issue or candidate signs shall be displayed to the public view (from the street, canal, or neighboring lot). Lot owners shall place no signs of any kind at the entrance to the subdivision.
Improvements in Servitude. No structure, planting or other material other than driveways or sidewalks shall be placed or permitted to remain upon any Lot which may damage or interfere with any servitude, including but not limited to any servitude for the installation or maintenance of utilities, or which may change, obstruct or retard direction or flow of any drainage channels.
Right to Repair. No dwelling or other improvements which are located upon the Property shall be permitted to fall into disrepair and all such dwellings and other improvements (including lawn, and other landscaped areas) shall be maintained in good condition and repair. Each Lot shall be maintained in a clean and sanitary condition, free of trash, rubbish and other offensive matter. The failure of the Lot Owner to comply with this section after receipt of written notice shall authorize the Association to provide for the necessary work, labor, materials and maintenance necessary to bring the Lot into compliance with these rules and to charge the Lot Owner for the expense as an additional assessment owed by the Lot Owner. The collection of amounts owed shall be made in accordance with the rights and remedies provided herein.
Fences. Fences may be erected and maintained only after approval as to location, design and materials by the Architectural Control Committee and as provided herein. The Architectural Control Committee shall take such action as is necessary to ensure that no fence interferes with the view of other Lot owners to the water and wetland surroundings. Chain link, wire, unfinished concrete blocks, and other unsightly fencing are prohibited.
Marine Improvements. No Marine Improvements shall be used, installed, or located without the prior written approval of the Marina and Harbor Committee, which shall oversee the materials and the type, size, and location of all Marine Improvements.
Mailboxes. Mailboxes shall be uniform and of the color and size specified by the Architectural Control Committee. No other mailbox structures or newspaper boxes shall be installed at the street.
Minimum Square Footage and Construction. All dwellings constructed on any Lot shall meet the following minimum requirements: each dwelling on shall contain at least 1,100 square feet of living area (heated and cooled space). The bulkhead and boat slip may not be used unless a covered boat slip is constructed on the Lot. The covered boat slip shall be constructed as approved by the Architectural Control Committee and the Marina and Harbor Committee, and, to the extent that the height of the boat slip exceeds 10 feet from land level, the sides of the boat slip shall be encased in a louvered type fashion, in a style and of materials approved by the Architectural Control Committee and the Marina and Harbor Committee.
Building Setbacks. Building setbacks for the structures shall be as follows:
20.1 Front Yard Setback. No exterior wall or structural component of any improvement on any Lot shall be located nearer than the greater of (a) forty-seven (47’) feet from the center line of the street or (b) twenty-two (22’) feet from the edge of the street.
20.2 Side Yard Setback. No exterior wall or structural component of any improvement shall be located nearer than three (3’) feet from any side lot line.
20.3 Water Side Setback. There are no water side setbacks for improvements.
Use of Bulkhead Only After Construction. There shall be no use of the bulkhead by a Lot Owner to secure or store a boat unless and until the following minimum construction shall have been completed in accordance with the requirements of this act:
a. covered boat slip,
b. a residential structure for which a certificate of occupancy has been granted by the appropriate governmental authorities,
c. perimeter docks from slip to residence, and
d. driveways as contemplated herein.
In any event, once construction of an improvement on a Lot is commenced, it must be completed within a reasonable time, which in no event shall exceed eighteen (18) months from commencement of construction.
Variances. The Architectural Review Committee may grant waivers of variations which, it its sole discretion, do not adversely affect the overall aesthetics of the Project.
Servitudes Notwithstanding anything contained herein to the contrary for the purposes of setback restrictions, and those elsewhere contained in this act, Lot Owners may use any portion of the servitude areas contained within the boundary lines of their individual lot for the purpose of calculating, establishing or maintaining any set back requirements or restrictions. However Lot owners may locate swimming pool decks only within the servitude area provided in no event shall such swimming pool deck pose any threat or harm to the integrity of any fence, the boardwalk or bulkhead.
Wells. No individual water wells or sewerage treatment systems shall be allowed on any Lot. Each Lot shall utilize the central sewerage and water systems available within the subdivision for all water and sewerage uses.
Noise. Outdoor loudspeakers, radios, public address systems and the like, whether they be of a temporary or permanent nature, are expressly prohibited. Noise emanating from inside a structure shall not be audible outside the structure. All other noise which offends, disturbs or constitutes a nuisance is expressly prohibited.
Detached Buildings. No free standing, or unattached garages or other detached buildings shall be permitted whatsoever.
Flood Elevation. The minimum elevation for the lowest floor of all residences shall be determined from the latest FEMA flood insurance rate maps.
Re-Subdivision. Re-subdivision of Lots to vary from the layouts indicated on the Plat is prohibited without express written approval of the Architectural Review Committee and the Marina and Harbor Committee. There is strictly prohibited the further subdivision, except as follows: (1) Lots may be joined together to create larger lots with the approval of the appropriate governmental authorities, (2) the owner of two or more contiguous Lots may build a single residence on the Lots, and (3) an owner or multiple owners of three or more contiguous Lots may request resubdivision provided that a resubdivision plat is filed and approved by the appropriate governmental authorities, and the resulting Lots must extend from the street to the bulkhead and measure no less than twenty (20’) feet in width.
Vehicles. No boats, recreational vehicles, commercial vehicles, camp truck, mobile homes, house trailer, home designed for movement on wheels, motorcycles, four-wheelers, or trailers of any kind (collectively “Vehicles”), or parts or appurtenances thereof, may be kept stored, repaired, or maintained on any street. All Vehicles shall be housed completely within the bounds of the Lot of the Owner, and in no event shall they be kept, stored, repaired, or maintained in any manner that would detract from the appearance of the individual Lot and Oasis. Each Lot Owner shall provide for the permanent parking of Vehicles within the bounds of the Lot in an enclosed covered structure which blocks the view of the contents from the neighboring properties, street, and canal. In the event Vehicles are stored on a Lot not in an enclosed structure, such Vehicles shall not be parked in open view for more than 5 consecutive calendar days. There shall be no parking of Vehicles or automobiles on Common Areas or streets for more than 24 consecutive hours. The Association shall have the right to have such Vehicles towed which are situated in a manner that violate the provisions hereof. Each Lot shall have sufficient off-street parking of a hard surfaced concrete parking sufficient to accommodate two vehicles.
Marina and Canals. All traffic on waterways shall be restricted to dead wake idle zones. The Marina and Harbor Committee will oversee the enforcement of this restriction.
Swimming Pools. Swimming pools shall not be installed closer than twenty (20) feet from the bulkhead and only upon approval of the Architectural Review Committee. Excavated material shall be removed from the Lot, unless otherwise approved by the Architectural Review Committee. Above ground swimming pools are prohibited.
32.1 Modifications. Modifications of the bulkhead may only be made with approval of the U.S. Army Corps of Engineers and with approval of the Marina and Harbor Committee.
32.2 Use. The bulkhead situated upon every Lot shall be for the sole and exclusive use of the Lot Owner within its boundaries. All boats must be docked perpendicular to the bulkhead and in no case shall ever block or interfere with any bulkhead of any adjoining neighbor, at any time or for any reason. At no time and for no reason, shall any Lot owner use, enjoy or maintain the bulkhead area within his or her respective boundaries in any manner which interferes with his neighbor's use of his bulkhead area, nor shall any use be permitted with creates any nuisance.
32.3 Integrity of Bulkhead At no time and for no reason shall any Lot owner , excavate, remove soil, install pilings or posts, install any sub-surface drainage, watering system, or any underground or sub-surface structure, material, system, design, artifice or other item whatsoever without the express prior written approval of the Architectural Control Committee. Any damage caused by any act of any owner, or his employees, agents, representatives, servants, contractors or the like to the bulkhead or its component parts shall be at the sole and exclusive expense of the Lot owner. The Association and the Marina and Harbor Committee may develop and adopt further rules and regulations regarding the use and operation of the bulkhead, the docking or parking of boats, and marine traffic. However, at all times each individual Lot owner shall have the exclusive use of the bulkhead areas within the respective boundaries of their Lot.
32.4 No Boat Parking Areas. The Marina and Harbor Committee may develop and adopt further rules and regulations regarding the use and operation of this bulkhead area, canal, and/or the docking or parking of boats or other watercraft in the canals. The Marina and Harbor Committee may impose transient discharge fees and marine assessments in connection with the enforcement of the rules and regulations.