1 RULES AND REGULATIONS Approved as of June 1, 2014 Revised September 21, 2015 Revised May 2016 Revised April 17, 2017 Table of Contents I. BACKGROUND...
Rules and Regulations: Blues Creek Revised: March 2017
Table of Contents TERMS
ARCHITECTURAL CONTROL FENCES, DECKS AND ALL OTHER STRUCTURES:
EXTERIOR APPEARANCE AND LANDSCAPING:
TERM OF APPROVAL:
USE RESTRICTIONS FOR THE ENTIRETY OF BLUES CREEK RESIDENTIAL USE:
LESSEES TO COMPLY WITH DECLARATION, ARTICLES AND BYLAWS – EFFECT ON NON-COMPLIANCE: 6 REPAIRS OR RESTORATION:
OTHER YARD TRASH:
PARKING AT CLUBHOUSE:
COMMERCIAL TRUCKS, TRAILERS, CAMPERS, BOATS AND MOTOR HOMES:
SOLAR PANELS The Masters:
The Gardens, The Cove and Cove South
COVENANT REGULATION OF PETS
ALACHUA COUNTY ORDINANCE FOR DOGS
AUTHORIZING FINES, APPEALS AND COLLECTION THEREOF . FINES REVIEW:
ADDITIONAL PROVISIONS FOR COVE, COVE SOUTH, GARDENS EXTERIOR MAINTENANCE:
THE BLUES CREEK MASTER OWNERS ASSOCIATION WILL PROVIDE THE FOLLOWING:
STORM DOORS AT FRONT DOORS:
SCREEN DOORS AT FRONT DOORS:
Florida Friendly Landscaping: the Masters
Florida Friendly Landscaping: The Gardens, The Cove and Cove South
OTHER: THE GARDENS, THE COVE AND COVE SOUTH:
HAZARD INSURANCE AND TERMITE POLICIES
PATIOS -- Gardens Only:
Rules and Regulations: Blues Creek Revised: August 2015 TERMS USED IN THIS DOCUMENT: FFL: Florida Friendly Landscaping HOA: Blues Creek Master Owners Association Association Manager: Action Real Estate Services Board: Board of Directors for Blues Creek Dishes: Satellite dishes PURPOSE These Rules and Regulations have been developed and approved by the Board of Directors as an attempt to simplify the Homeowners understanding of the information contained in the Blues Creek Master Declaration of Covenants, Conditions and Restrictions that each owner agreed to upon purchase of his/her dwelling unit. This document does not supersede or replace the Master Declaration of Covenants, Conditions and Restrictions. Any conflict between the two (2) documents will be resolved by referring to the Master Declaration of Covenants, Conditions and Restrictions. However, the Covenants authorize the Board of Directors to implement additions and/or changes as needed. OBJECTIVE The objective is to preserve and enhance the property values and amenities of the properties. The common property and all landscaping and drainage, and other improvements now or hereafter built or installed thereon shall at all times be maintained in good repair and condition and operate in accordance with high standards. ARCHITECTURAL CONTROL FENCES, DECKS AND ALL OTHER STRUCTURES: Written plans are to be submitted to the Architectural Control Committee, (submit to Association Manager). Construction is to be started after receiving approval, in writing, from this committee. The committee has up to 30 days from submission of final plans to respond to any request. EXTERIOR APPEARANCE AND LANDSCAPING: The paint, coating, stain and other exterior finishing colors, including roof shingle color, on all buildings and fences may be maintained as originally installed. However, PRIOR approval in writing by the Architectural Control Committee is necessary before any such exterior finishing color is changed. Roof shingles of a minimum of 25-30 year, dimensional shingles, are required. Existing landscaping, including, without limitation, the trees, shrubs, lawns, flower beds, walkways and ground elevation, shall not be disturbed unless prior approval is obtained from the committee. TERM OF APPROVAL: Approval by the Architectural Control Committee will be effective for a period of one (1) year from the date the approval is given, or one (1) year from the expiration of the thirty (30) day period specified. If construction and/or painting/staining has not commenced within the said one (1) year period, the approval is considered expired.
USE RESTRICTIONS FOR THE ENTIRETY OF BLUES CREEK RESIDENTIAL USE: Each lot and dwelling unit is to be used as a residence for a Single Family (defined as no more than three (3) unrelated persons) and for no other purpose. No commercial activity is allowed. LESSEES TO COMPLY WITH DECLARATION, ARTICLES AND BYLAWS – EFFECT ON NON-COMPLIANCE: All tenants are subject to the terms and conditions of this Master Declaration, the Bylaws, the Articles of Incorporation, and the Rules and Regulations promulgated there under as though such tenant were an Owner. Each Owner agrees to cause his lessee, occupant or person living with such Owner or with his lessee to comply with the Master Declaration, Bylaws, Articles and Rules and Regulations promulgated thereunder, and is responsible and liable for all violations and losses caused by such tenants or occupants notwithstanding the fact that such occupants of the Lot are fully liable for any violation of the document and regulations. In the event that a lessee, occupant or person living with the lessee violates a provision of the Master Declaration, Bylaws, Articles or Rules and Regulations adopted pursuant thereto, the Board has the power to bring an action or suit against the lessee to recover sums due for damage or injunctive relief, or, for any other remedy available at law or equity. REPAIRS OR RESTORATION: No repairs or restoration of any automobile, motor vehicle, boat, camper trailer or other vehicle shall be permitted on the properties except for emergency repairs thereto and then only to the extent necessary to enable movement of such vehicle to a proper repair facility, unless such repairs or restorations are done in an enclosed garage and are not visible from another Owner’s property, a common area or a street. Vehicles parked at a residence must be in working order. SIGNS: No signs of any kind are to be displayed to the public view on the properties except signs installed by the developer or those approved by the Architectural Control Committee. The exceptions are the following: 1. One real estate sign no larger than 18” x 20” may be placed on a lot during the period in which said lot is for sale. 2. Two (2) security system signs may be displayed. 3. Temporary signs may be displayed for periods not to exceed 4 days. (Garage sale, yard sale, vendors such as roofers, remodelers, etc.). One political sign may be displayed per dwelling unit during an election campaign. All political signs are to be removed immediately after election. 4. If you have a need outside these guidelines, submit a request to the Association Manager. Request should specify size, purpose and text to be on sign and when it will be removed. GARBAGE/TRASH DISPOSAL: No garbage, refuse, trash, rubbish or other waste material shall be kept or permitted on any lot or dwelling unit. Household garbage must be kept in County approved container(s). All containers, including household garbage, shall be shielded from view by a wall or similar enclosure or placed in the garage. In The Gardens, The Cove and Cove South, all trash containers shall be kept in the garage. DRYING AREAS: No clothing, laundry or wash can be aired or dried on any portion of a lot or dwelling unit exposed to view from any other lot or dwelling unit or from any portion of the common area. REFLECTIVE MATERIALS: No reflective substance, cardboard, paper, etc. shall be placed in any window or glass door, including garage doors 6
PARKING: All vehicles owned by the occupants of a dwelling should be parked in the garage or driveway. Parking on the street is allowable only as a temporary measure for the Owners and their guests to accommodate them for such things as, but not limited to, visits, social functions, out of town guests, etc. In order to avoid misunderstandings, the Association Manager is to receive notification if the requirement for street parking will be for longer than an overnight or weekend. Owners are responsible to see that guest parking does not interfere with other owners' access to their driveways. Parking on the grass is not allowed. Gainesville Municipal Code 26-47 line M states: No vehicle is to be parked in such a manner as to block a traffic lane or interfere with the orderly flow of traffic or so as to constitute a hazard to passage of emergency vehicles. Violations are to be reported to the Association Manager. OTHER YARD TRASH: Place yard trash close to the street but not in the street. Remember, if it does not grow, it does not go as yard trash. Paper yard trash bags can also be used. Capacity should not exceed 40 pounds. Place at curbside as per household garbage for pickup. Tree/shrub limbs may be cut to no longer than 4’ lengths, bundled and put with the household garbage containers for pickup. HOUSEHOLD GARBAGE: Place garbage containers, recycle bins, etc. at the curb after 5:00 PM on the day before pickup and please return receptacles to normal storage area no later than 8:00 PM on the day following pickup. All boxes must be broken down and flattened for pickup. Please place garbage in plastic bag and tie. No pickup will occur on six (6) holidays: Thanksgiving, Christmas, New Year’s Day, Dr. Martin Luther King, Jr’s Birthday (observed), Memorial Day and the Fourth of July. Collection services for the remainder of the week will be delayed by one (1) day. The following week, collection will return to the normal schedule. KEYS: One (1) magnetic key (fob) is required for entry into pool gate and another, separate key, is needed to access the restroom doors and tennis court area. The keys are available from the Association manager at a cost of $30 each. If you lose your fob, please notify the Association manager immediately. The lost key (fob) will be de-activated so that it cannot be used and a replacement fob issued at a cost of $25.00. NOTE: Magnetic key (fob) only opens the pool gate. PARKING AT CLUBHOUSE: Parking is reserved for those using the clubhouse, pool or tennis courts. Signs have been posted advising that those in violation may have their vehicle towed. If your vehicle has been towed, contact the number of the towing company that is posted on sign in parking lot. If you are using the facilities and you are certain that a vehicle is parked there in violation, you may contact the Association Manager or any of the Board of Directors to request they call the towing company. SWIMMING POOL: Pool rules are posted near the pool shower. Hours are from 6:00 AM until 10:00 PM; everyone on premises after 10:00 PM is considered as trespassing, except authorized persons. Clubhouse rental does not include exclusive use of the pool. TENNIS COURTS: Only residents and their guests are permitted to use the tennis courts. Wear proper shoes. No pets, bicycles, skateboards, roller blades, baseball and etc. are allowed on the tennis courts. Please keep gate closed at all times, and the last person leaving should make sure that the gate is locked and the lights turned off.
CLUBHOUSE: The clubhouse is available for Blues Creek Master Owners Association residents’ personal use. (No commercial use.) Use is limited to Blues Creek Master Owners of record, who pay and are up to date on their homeowner’s quarterly assessments. The Clubhouse must be reserved in advance. Rental of Clubhouse entitles renter to exclusive use of the Clubhouse only. The rental does not apply to pool, pool deck or tennis courts. A damage deposit is required and will be refunded providing the Clubhouse is returned in the condition listed in the rental agreement. Any damage exceeding $100.00 to repair/replace will be billed to the renter. Rental fee and deposit are required and reservations will not be made until all funds are received. The rental day begins at 8:00 AM the date of rental until 12:00 midnight same day. Cancellations must be made a minimum of seven (7) days before rental date or first day’s rental fee will be forfeited. For complete rental costs, information and instructions, contact the Association manager at Action Real Estate Services at 352-331-1133 or e-mail the Association manager at [email protected] COMMERCIAL TRUCKS, TRAILERS, CAMPERS, BOATS AND MOTOR HOMES: All of the above must be parked or stored in a fully enclosed garage or an area completely screened from view from any other lot, dwelling unit or common area. EXTERIOR MAINTENANCE: The Owners shall maintain the structures and grounds on each lot at all times in a neat and attractive manner. Upon the Owner’s failure to do so, the Blues Creek Master Owners Association may, at its option, after giving the Owner ten (10) days written notice sent to his last known address, or to the address of the subject premises, have the grass, weeds, shrubs and vegetation cut as often as necessary. In its judgment, it may have dead trees, shrubs and plants removed from such lot and replaced and may have any portion of the lot re-sodded and landscaped. All expenses incurred by the Homeowners' Association will be charged against the lot on which the work was done and will be the personal obligation of the owner of such lot. In the event the Homeowner fails to pay said obligation, a lien will be placed on the property for the amount of the work completed. SOLAR PANELS The Masters: 1. Owners must submit a written request to the Board of Directors of their intent to install solar panels. The request must include the name of the company that will perform the installation. 2. Installation will be on the rear of the roof whenever possible. The Gardens, The Cove and Cove South 1. Owners must complete and return an application for exterior modification, said application to be obtained from the Association Manager. 2. Owners will be responsible for any and all damage to the roof or roof shingles due to installation. Any leak caused by the installation shall be the responsibility of the Owner. 3. At the time of building re-roof, Owner will be responsible for the removal of the solar panels prior to re-roof and the re-installation upon completion of the re-roof. 4. All work associated with the installation or removal of the solar panels must be performed by individuals or companies licensed to perform such installations. 8
SATELLITE DISHES Per FCC ruling, 1996, an Owner may have a satellite dish or antennae installed anywhere on their property; however, no ‘dishes’ nor antennae may be installed in any common area. The Association has the authority and right to require an Owner to have said ‘dish’ or antennae moved to within the Owner’s boundaries, at the Owner’s cost. If an Owner has doubts about their boundaries, they should refer to their survey. In The Gardens, The Cove and Cove South, if a ‘dish’ or antennae is installed on the roof or fascia, soffit or siding, any damage to any or all of the above, is the responsibility of the Owner to repair. Any leak caused by the installation, the repair thereof is the responsibility of the Owner. COVENANT REGULATION OF PETS 1. Dogs, cats or other household pets may be kept (no more than two (2) pets per lot or dwelling unit) provided that they do not run loose without a leash outside of Owner’s lot or dwelling unit. See County ordinance for specific details. 2. No pet may be kept outside the dwelling unit unless it is kept inside a fully enclosed fence or other underground electrical device specifically designed for pet control. Underground electric devices are not permitted in The Gardens, The Cove and Cove South. 3. No pet may be left outside a dwelling unit chained or tied on a leash. An open patio/porch is considered outside of the dwelling. 4. Owner is responsible for excessive noise, digging, or other offensive behavior of their pet. 5. Pets must be under complete control of a responsible human companion and on a hand-held leash or in a pet carrier when out of the dwelling or a fenced yard. 6. No animals may be kept in cages (outside of dwelling unit) or other enclosures that are exposed to view from any other lot or dwelling unit. 7. Pet Owners are responsible for cleaning up any feces left by their pet and must not allow their pets to defecate on street, sidewalk, or another Owner’s property or common area. Clean up is to be immediate. See County ordinance SEC. 72.13for specific details. 8. Do not allow your pet to urinate on flowers, shrubs and other plants on another Owner’s lot. There is a Pet Problem and Comment form available from the Association Manager or his website that allows an owner to report a violation of the pet Covenant and Alachua County Ordinance. Simply fill out with the Owner’s name and/ or address for the action to occur. Your name is not made available to the Owner in violation. Violations of the Alachua County Ordinance for dogs may be reported to the Alachua County Animal Services Department (Phone no. 352.264.6870), ALACHUA COUNTY ORDINANCE FOR DOGS Physical control of dogs off the owner’s property is covered under section SEC. 72.12 of the Alachua County Code. See COVENANT REGULATION OF PETS section above in this document. AUTHORIZING FINES, APPEALS AND COLLECTION THEREOF The Board of Directors of Blues Creek Master Owners Association, Inc. has determined that it is in the best interest of the Association to institute penalties for violations of the Master Declaration of Covenants, Conditions and Restrictions and the Rules and Regulations, which shall be termed “fines”. The imposition of such penalties as fines shall be in accordance with Florida Statute 720.305.
FINES REVIEW: The Board of Directors shall appoint a Committee (Compliance Committee) of at least three (3) owners who are not Board officers, directors, employees of the Association, not the spouse, parent, child, brother, or sister of an officer, director or employee of the Association; the Committee must approve any proposed fine or penalty by a majority vote. NOTICE: The Association will notify Owners and/or their tenant, guest or invitee of the infraction(s) and proposed fine(s). Included in the Notice shall be the date, time and location of the next Committee meeting at which time the Owners and/or their tenant, guest or invitee may present any reason why the proposed fine(s) should not be imposed. This notice shall be at least fourteen (14) days before the Committee hearing date. MEETING: The non-compliance and proposed fine(s) shall be presented to the Committee, which shall hear reasons why the proposed fine(s) should not be imposed. Any party charged shall be heard and may be present and cross-examine witnesses and may be represented by Counsel. A written decision of the Committee will be submitted to the Board of Directors and the Owner and/or their tenant, guest or invitee not later than twenty-one (21) days after the hearing. NOTICES Any Owner may report in writing or e-mail to the Association Manager, problems encountered in the subdivision. Reports sent to the Association Manager are confidential. COMMITTEES All Committee members will be appointed by the Board of Directors, report to the Board of Directors and/or Association Manager and serve at the pleasure of the Board of Directors. Compliance Decorations Landscape Maintenance Oversight Social Zoning & Land Use Finance Architectural Control Committee and/or the Board of Directors. ASSESSMENTS Blues Creek Master Owners Association assessments are billed on the first day of each quarter of the year. Make checks payable to Blues Creek Master Owners Association and mail to: Action Real Estate Services D. Jeffrey Sausaman 6110-B NW 1st Place Gainesville, FL 32607 Phone #: 352-331-1133 Fax #: 352-331-4066 E-mail: [email protected] PLEASE NOTE: A late fee of Ten ($10.00) will be assessed on all accounts past due at the end of each month and for each successive month the account is in a past due status.
WEBSITE Action Real Estate Services provides a free web site for the Association. To access the website, go to www.action-realtors.com. Look down column on left side of page and select Associations, then scroll down to Blues Creek. You will find useful information including this booklet, Board Meeting Agendas, Board Meeting Minutes, Repair Standards, Newsletters, Covenants, By-Laws, etc. BLOG – The Blues Creeks Subdivision has its own Blog at http://bluesnewsmonthly.blogspot.com/. The blogger updates the site once a month on the Monday following each board meeting or when needed outside this cycle. Homeowners can submit articles, notices, announcements, etc. for publication on the blog through this Email address -- [email protected] The Association no longer publishes a newsletter. ADDITIONAL PROVISIONS FOR THE COVE, COVE SOUTH AND THE GARDENS EXTERIOR MAINTENANCE: Exterior maintenance is discussed earlier in this document; however, for the dwelling units in The Cove, Cove South and The Gardens, further definition of maintenance is necessary. 1. Maintenance to a dwelling unit is defined as the expected deterioration over a period of time. For example, maintenance may also include, but not be limited to the following: routine painting, rotted siding replacement, deterioration of roof vent boots, repair of vinyl siding, repair of loose or missing roof shingles. For more detailed information as to what the Association has responsibility, read the document titled “Repair Standards”. (See Appendix A) 2. HOA will not be responsible for any damage to any part of a dwelling unit as a result of an Act of Nature. These include, but are not limited to the following: hurricanes, tornadoes, sudden wind burst, cyclones, ice storms, earthquake, flood, unusual or heavy rains, or any other unexpected event that causes damage outside of the ordinary expected maintenance. Owners should report damages incurred as a result of these acts of nature directly to their insurance company. 3. Maintenance as described in this document is the responsibility of the Blues Creek Master Owners Association for The Cove, Cove South and The Gardens dwelling units. Neglect or abuse by the Owner, which result in an expense to the Blues Creek Master Owners Association to correct a situation that is a detriment to the community, will be assessed to the individual dwelling Owner. 4. Landscape examples: Watering will be consistent with the norm for proper maintenance of the grass, shrubs, trees or other landscape plants as prescribed in Florida Law 2080 using Suwannee River Water Management District and Alachua County Extension Service recommended guidelines. The Association Manager should be notified of suspected insect infestation in lawns. The Association provides for the limited control of lawn weeds, lawn pests, fertilizer and maintenance. 5. Owners may be charged for replacement of any and all dead/dying sod if it is the result of neglect on the part of the Owner. The Association will notify the Owner that the sod will be replaced and the Owner’s account will be charged accordingly. Owners wishing to object must notify the Association Manager and a hearing will be scheduled. Owners will be given the opportunity to replace the sod using their own resources prior to the Association taking any action.
THE BLUES CREEK MASTER OWNERS ASSOCIATION WILL PROVIDE THE FOLLOWING: 1. Mow lawn on a weekly schedule during growing season (April thru September) and on a biweekly schedule during the remainder of the year. Mowing will normally be done on Wednesday and Thursday when the weather permits. All items that will interfere with mowing and edging shall be removed by the occupant and stored out of the way. 2. Proper fertilization of lawn each year. 3. Pesticide application for chinch bugs, sod webworms, mole crickets and limited weed control. 4. Maintain original builder installed landscape plants. 5. Paint exterior of dwelling unit on a rotational schedule. 6. Power clean exterior of dwelling unit (vinyl siding), including sidewalk and driveway on a rotational schedule; usually this will occur every other year. Units with wood siding will have sidewalk and driveway power cleaned, usually every other year and power cleaning will usually be done every four (4) years. 7. Blues Creek Master Owners Association is not responsible to maintain items that have been added to the outside of a dwelling unit, such as guttering/downspouts, lighting and irrigation systems. STORM DOORS AT FRONT DOORS: A storm door may be installed at Owner’s expense. The Owner will be responsible for maintenance of the storm door. Contact the Association Manager to obtain the manufacturer, model number and color specifications of authorized doors. No other storm doors are authorized. SCREEN DOORS AT FRONT DOORS: A screen door may be installed at Owner’s expense. The Owner will be responsible for maintenance of the screen door. Contact the Association Manager and give him a photo of the style desired for Board approval. Authorized colors are: same color as house trim for The Gardens and white for The Cove and Cove South. LANDSCAPING: 1. To adhere to Florida Law 2080 (ARB_FFL_consideration_guidelines03_23_2011), Blues Creek Master Owners Association Landscape Committee and Board of Directors will use Suwannee River Water Management District and Alachua County Extension Service recommended guidelines, books, literature, periodicals, pamphlets and web sites for Florida Friendly Landscape (FFL) and Irrigation compliance. This adherence will ensure our Homeowners Association Documents do not prohibit any property owner from implementing Florida-Friendly Landscaping or require them to abide by restrictions that are not Florida Friendly or forbidden. Homeowners are encouraged, but not required, to landscape in accordance with Florida-Friendly Landscaping principles. 2. Florida Friendly Landscaping Principle #1 Right Plant, Right Place is to minimize the need for supplemental water, fertilizer, and pesticides. 3. The Association will preserve and enhance vegetation that attracts pollinators and provides food, shelter and habitat for a variety of wildlife following one of the nine elements of FFL. They will also preserve and enhance existing butterfly host vegetation located in preserves, easements, roadsides, and undeveloped lots. 4. Existing trees are a valuable asset, and will be left in place in both the natural areas and other common areas unless approval for removal is obtained through the City arborist. 12
5. The Association is responsible for providing vegetative buffers, around storm water ponds, retention areas, wetland areas, and Blues creek as outlined in the 2080 law using FFL guidelines. 6. Owners are encouraged to use rain barrels, cisterns, rain gardens, and enclosed composters. Owners will request approval from the Board of Directors for aesthetic placement on the Owner’s property. Placement of these items may not interfere with mowing and lawn maintenance. Florida Friendly Landscaping: the Masters 1. Florida Friendly Landscaping Principle #1: Right Plant, Right Place so as to minimize the need for supplemental water, fertilizer, and pesticides. 2. Plants should be Florida Friendly, no exotic invasive plants. When fully grown, the right size for where it is planted. According to Florida Friendly guidelines, plants will serve environmentally friendly functions including, but not limited to, cooling, privacy screening, shade, aesthetics, wildlife habitat, runoff pollution prevention, and directing traffic flow onto and within the Community 3. Landscaping shall reflect a neat and trimmed appearance. 4. Shady areas may be mulched with Florida Friendly materials such as, but not limited to, pine bark, pine needles, and melaleuca. Recycled rubber and Cyprus mulch are not recommended. 5. Owners that wish to re-landscape shall submit a written plan to the Association Manager for review. The landscape committee will then make their recommendation to the Board of Directors. Final approval will insure no request will hinder mowing and/or edging.
Florida Friendly Landscaping: The Gardens, The Cove and Cove South 1. Landscaping beds, borders, containers, etc. must not interfere with any aspect of lawn crew maintenance. Dead plants are to be replaced or removed. Planting beds shall be free from weeds and sod grasses. 2. Owners that wish to re-landscape shall submit a written plan to the Association Manager for review. The landscape committee will then make their recommendation to the Board of Directors. Final approval will insure no request will hinder mowing and/or edging. 3. Plants in The Gardens located adjacent to the sidewalk or driveway shall not obscure passage. 4. Plant containers are allowed in any of the Owner’s defined planter beds in The Gardens. 5. In the Gardens, the Owners may apply for permission to create planter beds, if none exist in front of the bay window. The planter beds must have a defined border. Borders may be, but are not limited to, landscaping timbers, plastic edging, landscape pavers, or poured concrete curbs. The maintenance of the planter beds is the responsibility of the Owner and reflect subdivision standard of aesthetics exhibiting a neat and trimmed appearance. Using FFL guidelines, the Owner is allowed to design the planter bed so that plants serve a number of functions including, but not limited to, cooling, privacy screening, shade, and aesthetics. FFL guidelines for properly maintaining landscaping allows for shrubs and trees to be grown in their natural form with proper hand pruning and not shearing.
6. No plants are to contact the soffits or fascia of the homes in The Gardens, The Cove and Cove South. Damage caused to exterior of homes through Owner planted landscaping may be their responsibility. 7. Planter beds in The Gardens are allowed along the side of the garage from the front to the air conditioner and adjacent to the rear of the house. Houses on corner lots may have planter beds that extend the full length of the structure. The width of these side and rear of house planter beds are limited to thirty (30) inches, the area deeded to the Owner. 8. Owners in The Gardens may apply for permission to create defined planter beds at the rear of their homes in the common area. (Exceptions are the park areas, which are buffers at the edges of The Gardens, The Cove and Cove South.) Owners may plant annual or perennial flowers, shrubs, trees, bushes and other approved plants in these areas. These defined beds will be located directly behind the requester’s home so as not to intrude into the common area of either the rear or adjacent neighbors. There will be sufficient room between these planter beds and the rear of both residences to allow clear access to the riding mowers of the landscape crew. 9. No plants of any kind, whether in the ground or in containers, shall be placed in the stone gravel area between houses in The Gardens, The Cove and Cove South. 10. The natural common areas behind some homes on 75th Lane, 75th Road, 76th Road, 77th Road, 51st Way in The Gardens will be maintained in accordance with guidelines for Florida Law 2080. Existing native vegetation in these natural areas will be retained and incorporated into the landscape. Plants will be allowed to grow naturally in these areas; thus, producing their own mulch. No type of herbicides will be used in the natural areas. 11. If an Owner wishes to maintain one of these natural areas, they need to install a defined border such as, but not limited to, landscape timbers, plastic edging, pavers, poured concrete curbs, etc. The responsibility for maintaining and overseeing these natural areas shall be the Owners. No type of herbicides will be used in the natural areas. If ownership changes and the new Owner does not wish to maintain this area, the border will be removed at Owner’s expense. Maintenance will revert to the Association using the guidelines for natural areas for FFL. 12. Alternative groundcovers will be used for shady areas, hard-to-maintain narrow areas, and eroding areas. As a last alternative, these areas may be mulched with pine bark, pine needles, melaleuca, or other Florida Friendly materials. Recycled rubber and Cyprus mulch are not recommended. 13. The landscape committee shall be responsible for all tree trimming, plant replacement and removal, clearing operations, mulching on Association property with approval of the Association board. A member of the landscape committee will be available to supervise these activities. A walk through of all properties in Blues Creek will be done once a year by the landscape committee. All homeowners affected by the board approved landscaping operation, will be notified at least a week in advance of the dates. If any Owner has concerns before or during such operations, they need to notify the Association Manager ASAP. They are not to interfere with the workers. 14. All plantings that are located within seven (7) feet) of the units in the Gardens, Cove, and Cove South must be kept trimmed to a height of seven (7) feet or less so they will not interfere with the roofing of the unit.
OTHER: THE GARDENS, THE COVE AND COVE SOUTH: These dwellings units are classified as “zero lot line” units. There is approximately 30” in the rear and on each side of the dwelling that belongs to the owner. The exception is the side cutout (courtyard/screened porch/enclosure in the Cove and Cove South that is private property). In the Gardens, if you extend a line from the horizontal face of the garage straight across the front yard and straight across to the side yard, the area from that line to the street is common property. The area from that line towards the unit belongs to the owner. This are approximate descriptions, please check your individual property survey for the exact locations of your property lines. The Association is responsible for the water lines from the meter to thirty (30) inches from all outside walls, including the side cutout (courtyard/screened porch/enclosure – The Cove and Cove South) unless the cutout has been screened or enclosed. In common areas of the driveway and front sidewalk, non-vehicular items are not permitted to remain on the driveway, nor shall other items be kept on the common area of the sidewalk. This is because of liability concerns. Bicycles, lawn chairs, children’s swimming pools, basketball goals, other toys, flower/plant containers, etc. shall not be left on sidewalk, driveway or other common areas overnight. No storage other than garden hoses are allowed between dwelling units, but storage is allowed in cutout (courtyard, screened porch, enclosure –The Cove and Cove South). The landscaping therein is not maintained by the Association, nor is the Association liable for this area, concerning the subject(s) of the above paragraph. HAZARD INSURANCE AND TERMITE POLICIES The Association does not provide Homeowners (Hazard) Insurance on any private dwelling nor does it furnish termite insurance; both are the Owners’ responsibility, totally and completely. PATIOS Gardens Only: At Owner’s expense, Owner may install a patio. It may be poured concrete, pavers or patio stones. It must be located behind the dwelling and not on the side. Size cannot exceed five (5) feet deep and sixteen (16) feet wide. The patio must not extend beyond the corner of the dwelling. The Owner must submit a diagram showing location and size to the Association Manager for approval by the Board before work begins.
Annex A Revised: March 2016
REPAIR STANDARDS - Blues Creek HOA (The Gardens, The Cove, Cove South) The Blues Creek Master Owners Association does not maintain insurance coverage for property damage to the dwelling units in The Gardens, The Cove, or Cove South in Blues Creek. The Association is not responsible for any damage caused to dwelling units by: acts of nature, force majeure, or otherwise. The Association is not responsible for payment, including any deductible, or repair to dwelling units due to damages caused by perils, including, but not limited to the following: flood, fire, hurricane, storm, tree damage, sinkhole or damage caused by earthquake. 1- Wood Trim (all styles) – The Association is responsible for repairs unless damage is caused by Owner abuse, neglect or (see 1st paragraph of document). When available, repair personnel will use Hardiboard (not all styles of wood trim are available in Hardiboard); they will replace the entire length of the board, when feasible, and paint it to match the existing wood, using Behr’s Ultra Satin acrylic paint with factory infused mildicide. When Hardiboard is not available and the board needing repair is wood (not Mirotek), repair personnel will replace a portion of the board. If the board needing repair is Mirotek, the repair personnel will replace with an entire length of wood, coat raw wood (top, bottom, both sides) with a wood preservative and/or prime and paint to match existing wood, using Behr’s Ultra Satin acrylic paint with factory infused mildicide. 2- Wood Siding – The Association is responsible for repairs unless damage is caused by Owner abuse, neglect or (see 1st paragraph of document). When the wood rot is less than 24” from the bottom of the board, repair personnel will cut away at 24”, use pressure treated T-111, install “Z” bar, prime and paint the wood (sides, bottom and surface) to match the existing wood with Behr’s Ultra Satin acrylic paint (if spraying, will also back roll). The bottom edge of the board should not be any closer to ground than absolutely necessary. When needed, repair personnel will sand surface to match existing siding. If wood rot is 2” high or higher from the bottom, replacement will be done. The Association will only repair wood rot if it is 2” or more from the bottom. When wood rot is higher than 48”, the repair personnel will replace the entire 4 x 8 T-111 sheet and follow the above criteria for the balance of the work. EXCEPTION: IN THE EVENT OWNER DOES NOT WISH TO HAVE A CUT-AWAY DONE FOR SIDING, CONTRACTOR WILL PROVIDE ESTIMATE TO OWNER TO HAVE ENTIRE SHEETS OF PRESSURE TREATED T1-11 INSTALLED. OWNER HAS THE OPTION OF PAYING THE DIFFERENCE BETWEEN THE CUT-AWAY PRICE AND THE FULL SHEET REPLACEMENT PRICE. OWNER MUST SUBMIT THIS REQUEST TO BOARD, IN ADVANCE OF WORK, AND SUBMIT PAYMENT TO MANAGER, IN ADVANCE OF WORK TO BE COMPLETED; OTHERWISE WORK WILL PROCEED ACCORDING TO ASSOCIATION ‘REPAIR STANDARDS’. 3- Vinyl Siding and Trim – The Association will repair or replace damaged vinyl sheets, fascia, and soffit, unless damage is caused by Owner abuse, neglect or (see 1st paragraph of document). The Association will attempt to match the existing vinyl as closely as possible, but will not guarantee an exact match of either color or design. 16
4- Soffit, Fascia (Drip Edge) – The Association is responsible for repairs to these areas unless damage is caused by Owner abuse, neglect or (see 1st paragraph of document). 5- Gutters and Downspouts –The Association is not responsible for any repairs or maintenance to gutters, downspouts, or any erosion and/or washouts caused by same. Owners are responsible for any damage caused to their roofs, fascia, siding, trim or homes caused by malfunctions of, or improper installation of gutters or downspouts. 6- Decorative Brick – The Association is responsible for repairs to the decorative brick. Repairs will be done by reattaching brick façade to the home; seal façade by using a clear, waterproof, paint-able caulking at the top and sides. 7- Doors (and door frames), Garage Door, Windows (and window frames) – Operation, maintenance, or repair of these items is not the responsibility of The Association. If garage doors, windows or exterior doors and door frames are bent, damaged or rotted, Owners must replace them in a timely manner in order to maintain the aesthetic integrity of the neighborhood. The Association is only responsible for door, window and garage trims. 8- Caulking – Association will caulk, when needed, only the outside perimeter of the trim of exterior windows, doors and garage door frames (enclosures not included) during scheduled pressure washing and/or painting. The need for caulking is determined by the pressure cleaning/painting company. Any caulking requested, between the scheduled timeframe, is the responsibility of the Owner. 9- Exterior Lighting / Exterior Electrical –The Association is responsible for repairs or replacement to the exterior lighting fixtures. (not including fixtures that are damaged by owners, such as, but not limited to using incorrect wattage light bulbs). Replacement fixtures will be selected at the discretion of the Board of Directors. The Association will not replace all light fixtures (coach lights, or otherwise) just to create a match for multiple light fixtures. Front porch lights and exterior recessed lights on open porches, and security lights in The Cove and Cove South are also included as an Association responsibility. The Association is not responsible for any electrical or wiring issues or the replacement of any light bulbs. Before replacing any light fixture, the Association will attempt to repair fixture prior to replacing. This includes, but is not limited to: 1) coach lights (The Gardens) - attempt to loosen screws that attach top to the main body instead of replacing the entire fixture; 2) recessed fixtures (The Cove and Cove South) - replace spring that attaches rim to light container. The Association is not responsible for the repair/maintenance of exterior electrical outlets. All exterior electrical wiring is the responsibility of the Owner. 10- Driveway, Sidewalk, Front Porch and Open Patio Floor – Cracks are normal and absent any special circumstances, the driveway and/or sidewalk will not be replaced. Only when obvious differences in height between two (2) cracked areas (i.e. greater than ½ inch) exist, creating a possible safety hazard, will the Association make repairs. The Association will fill minor cracks, when needed for driveways, and open porches. When replacement is required, only the portion of a driveway that is damaged will be replaced. The Association will not replace severely cracked floors of any open porches; that would be an insurance claim for an Owner. Only the portion of a sidewalk that is part of the Common area will be repaired or replaced. (See Rules and Regulations for ownership details.) 17
11- Screen / Storm Doors – The association is not responsible for the repair/maintenance of screen/storm doors, nor any portion/part thereof. 12- Enclosed / Screened Porch – Once an open patio is enclosed in any manner, the inside area that was considered exterior, is no longer considered exterior. Therefore, the Association is not responsible for the floor, ceiling, wall area, trim, inside door, screen and/or windows that are now inside or a part of the enclosed area, under any circumstances whatsoever. The Owner will maintain the exterior wall area, and trim, including the outside door, door frame, and trim, to be consistent with the other portions of his/her unit. The unit Owner will be responsible for paying for all repair costs related to the enclosure, both inside and out. The Association will only paint and power clean the exterior wood or vinyl portions of an enclosure and will do this in accordance with the normal Association paint/power washing schedule. In addition, as these enclosures were not intended to be waterproof rooms, The Association will assume no liability for water intrusion caused, in any manner, by surface water. If an Owner of a vinyl sided home in the Gardens wants to enclose an open patio, or screened porch, or do any remodeling that involves siding, the drawings presented to the Board for approval shall only provide for vinyl siding, trim, and corner pieces. No other type siding will be accepted. Owner will make every effort for the vinyl siding to match as close as possible to the existing siding on the balance of the dwelling. The colors used for the vinyl, trim, corner pieces, etc. shall match the colors of the existing on the balance of the dwelling. If an Owner of a wood sided home in The Gardens, The Cove, Cove South wants to enclose an open patio, or screened porch, or do any remodeling that involves siding, only T-111 siding will be accepted. Existing additions are Grand-fathered in. Any exterior door shall meet City code and be painted on the exterior side to match other exterior doors of the dwelling. 13- Roof – When needed, the Association will replace exhaust stacks, vent boots, and air vents. Shingles are included in repairs, only if shingles are loose or replacement is necessary. The Association will attempt to match existing shingles, but will not guarantee an exact match. The Association is responsible for repairs, unless needed repairs are caused by Owner abuse, neglect or (see 1st paragraph of document). The Association is not responsible for repair or replacement of interior drywall, paint damage, or any other interior damage from roof leaks. The Association is not responsible for any roof repair for enclosures for The Cove and Cove South. 14- Solar Panels and Satellite Dishes - If solar panels and/or satellite dishes are installed on the roof of a dwelling unit (after appropriate approval process; see Association By-Laws & Rules & Regulations) Owner will be responsible for any and all damage caused to the roof or roof shingles or subsequent damage, of any type, on the exterior and/or interior as a result of the installation of, or caused by, solar panels and/or satellite dishes or any subsequent damage of any type on the exterior and/or interior caused by the panels or dishes. When the roof is replaced by the Association, the Owner will be responsible for removing and re-installing the panels and/or dishes and anything else involved with the panels and/or dishes. 15- Irrigation System / Exterior Plumbing - At no time will the Association be responsible for any repair to an irrigation system installed by an Owner. Damage to an Owner’s irrigation system caused by a vendor that is hired by The Association, for the purpose of performing service work on the dwelling unit, must be reported to that 18
vendor. If wood rot on the siding is caused by the improper location or the needed repair of a sprinkler head, the Owner will be responsible for the repair or replacement of the siding involved. At no time is the Association responsible for the repair/maintenance of exterior faucets/hose bibs. The Association responsibility regarding plumbing issues stops approximately 30” from the dwelling. (Refer to Rules and Regulations for more information.) 16- Water Leaks - The Association is responsible for main water lines servicing each unit, up to the point where the water line is 30” from the dwelling. Because of the unusual installation pattern of the water lines in the community, an Owner may not realize there is a water leak in his or her line, as the leak may have happened several houses down. Therefore, Owners who have suffered a leak in an area other than their own unit site, and have a corresponding increased water bill, may request a reimbursement. To request a reimbursement, the Owner must present copies of water bills, for the past 6-months, to the Property Manager showing that the leak caused an increase in the average monthly water bill, in excess of $25, and state why they did not report the leak in a timely manner. In no case will the reimbursement exceed $150. 17- Other – The Association is not responsible for dryer vents. Owners are responsible for replacement of house numbers. At no time will the Association be responsible for controlling and/or eradicating any and all “critters” i.e. armadillos, raccoons, snakes, mice, deer, etc. Owner is responsible for any and all repairs associated with any damage caused by “critters”. Including but not limited to: DAMAGE TO LAWN, SHRUBS, TREES, A/C PEDESTAL, DOORS, FOUNDATION, SIDING, IRRIGATION, DRIVEWAY, SIDEWALK, DRAINAGE PIPES OR SWALES, LIGHTING and UTILITIES. OWNER RESPONSIBILITY It is the Owner/Occupant’s responsibility to inspect repair work to ensure all repairs are satisfactory. If repair work is unsatisfactory, Owner/Occupant must notify the Property Manager within 7 days of completion of work. When an Owner has a repair that is not covered under the above “Repair Standards” and the Owner does not want to file an insurance claim, The Association can refer the Owner, if he or she desires, to several handymen. All exterior repairs or exterior modifications of the dwelling, done by or paid for by the Owner, must be in compliance with city codes and the Association’s standards must be followed. The Association has the right to require an Owner to ‘redo’ any repairs/modifications that are not completed according to the Association standards. REPAIR NOTIFICATION Owners/Occupants have the right to know when repairs (scheduled maintenance) will begin; therefore, all repair personnel will attempt to notify the Owner/Occupant of the date/time, or given ‘time frame’ repairs are scheduled for their home. Repair personnel are not required to do any repairs at the estimated time/date that they give an Owner, but will make every effort to do so.
Owner/Occupant will be notified in one of the following ways: 1. By written notification indicating repairs are scheduled, to include the following: a) Date/time or time frame for repair; b) Contractor contact information; c) Notification will be attached in a visible location (i.e. garage door trim). 2. By phone, voice mail or e-mail indicating repairs are scheduled, to include the following: a) Date/time or time frame for repair; b) Contactor contact information. REPAIR PROCESS Repair requests are to be made in writing to the Association’s management company (Action Realty); c/o Jeff Sausaman, Property Manager. Repair requests should include a detailed description of the needed repair, the Owner/Occupants name, address, phone number and e-mail address. E-MAIL: [email protected] MAIL: Blues Creek Master Owners Association c /o Action Real Estate Services 6110-B NW 1st Place Gainesville, FL 32607 FAX: 352-331-4066 1- NON-EMERGENCY (these are not immediately processed) REPAIR PROCESS: • Owner to contact the Management company, using the above contact information. • Management will forward all repair requests, in writing, to the Maintenance Oversight Committee Chair. • A Maintenance Oversight Committee member will inspect the requested repair and respond in writing to Management. • Management will respond to Owner as to whether or not the requested repair fits the Association ‘Rules and Regulations’ and ‘Repair Standards’. If request is denied, Management will explain why and Management will offer to send Owner a copy of the Association ‘Repair Standards’; thus, their repairman can do the repair accordingly; otherwise, the Owner will need to contact their insurance company to file a claim. (See above Owner Responsibility.) • If request is approved, Management will respond to Owner informing the Owner, in a timely manner, that the repair will be done. • Once a repair is completed, a Maintenance Oversight Committee member will inspect the repair and will report to Management. 2- EMERGENCY (these are immediately processed) REPAIR PROCESS: • Owner to contact the Management company, using the above contact information. • If the emergency repair request is made verbally, Management will ask for repair request to be put in writing and sent to the Management company, using the above contact information. • Management will respond immediately, or as soon as possible. Once emergency repair is ‘under control’, Management will contact the Board Chair and the Maintenance Oversight Committee Chair. 20