ARTICLE VI “USE RESTRICTION”
In order to provide for congenial occupancy of the Property and for the protection value of the Lots, the use of the Property and Lots shall be in accordance with the following provisions so long as the Property and Lots are subject to this Declaration.
Section 1. Residential Uses. Lots shall be used for residential living units and for no other purpose, and no business or commercial building may be erected on any Lot and no business may be conducted on any part of any Lot.
Section 2. Antennae. No aerial, antenna, satellite receptor dish or similar device shall be placed or erected upon any Lot or affixed in any manner to the exterior of any building on such Lot without the written consent of the ARB and if approved, must be appropriately screened from view of the neighboring Owners and from the street, such screening to be approved by the ARB.
Section 3. Clothes Drying Area. No portion of any Lot shall be used as drying or hanging area for laundry of any kind unless screened from the view of neighboring Owners and from the street.
Section 4. Nuisances. Nothing shall be done or maintained on any Lot which may be or become an annoyance or nuisance to the neighborhood. Any activity on a Lot which interferes with television, cable or radio reception on another Lot shall be deemed a nuisance and a prohibited activity. In the event of a dispute or question as to what may be or become a nuisance, such dispute or question shall be submitted to the Board of Directors of the Association and the written decision of the Board shall be dispositive of such dispute or question.
Section 5. Signs and Flags (Amended 2020) With the exceptions discussed below, no signs of any kind are allowed to be displayed on any lot, exterior wall, or window.
(a) For Sale or Lease Signs
“FOR SALE” or “FOR LEASE” signs must meet the following specifications.
(i) Measurements must be 12 inches by 9 inches
(ii) The sign wording is as follows: Line 1: “FOR SALE” or “FOR LEASE”,
Line 2: (Realtor Name or Owner Name), Line 3: (Phone Number)
(iii) The sign is to be placed upon an L-shaped 4 by 4- wood post (or smaller) which is to be painted
the Magnolia Dunes tan, white or evergreen color.
(b) Open House Signs
A special consideration will be given for non-standard signs when a Real Estate Agent is having an Open House event. During the hours of the Open House and while the realtor is present, one non-standard sign may be placed on the lawn of the open house and one non-standard sign may be placed at the entrance area of Magnolia Dunes Circle for directional purposes. All non-standard “Open House” signs must be removed by the realtor when leaving. If any non-standard sign is left behind by any realtor or any other individual on any given day, it will be considered abandoned property and disposed of accordingly.
(c) Security Signs
(i) Only one (1) “Premises are protected by” sign
(ii) Sign must state “Security System” or indicate the Security Company Name
(iii) Sign not to exceed one (1) square foot.
(d) Flags
(i) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 4 ½ feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps. or Coast Guard, or POW-MIA flag, regardless of any covenants. restrictions, bylaws, rules, or requirements by the association.
(ii) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules. or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 4 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard. or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations. including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.
(iii) Other flags must be respectable and flown in a manner that shows good taste and is acceptable to the community, as determined in the sole discretion of the ARB.
(iv) Holiday Flags/Banners must be taken down within 7 days after the holiday.
(v) Small American “stick” flags may be displayed on mailbox.
(e) Political Candidate Signs
May not exceed 3 square feet and only one (1) sign per candidate is permitted. The sign can only have the Candidates name and the Position they are running for. Political parties, Slogans and amendment options are not permitted. Political candidate signs are permitted 45 days before a primary or election and must be removed within 48 hours of the primary or election date.
Any signs or flags not preapproved in the Covenants and Restrictions must be approved by the ARB.
Section 6. Energy Conservation. Solar energy and other energy conservation devices are not prohibited or discouraged, but the design and appearances of such devices will be closely scrutinized and controlled to assure consistency with neighborhood aesthetics. Request for approval of installation of any type of solar equipment shall be included in the development plan and must be approved in accordance therewith.
Section 7. Window Coverings. No reflective window coverings or treatments shall be permitted on any building in the Property. The ARB, at its discretion, may control or prohibit window coverings and treatments not reasonably compatible with aesthetic standards set forth herein.
Section 8. Off-Street Motor Vehicles. No motorized vehicles including, without limitation, two- and three-wheel all-terrain vehicles or “dirt bikes” may be operated off of paved roadways and drives except as specifically approved in writing by the ARB. Without limiting the Association’s right to collect and assess fines in other instances, it is specially acknowledged that Owners may be fined for each violation of this provision by themselves, their families, guests, tenants, and invitees.
Section 9. Noise. Exterior noise, and noise emanating from within building or other improvements, including without limitation, talking, singing, television, radio, record or tape player or musical instruments, shall be maintained from 11:00 p.m. until 7:30 a.m. at such volume that the noise is not audible beyond the boundaries of the lot from which it originates and at all times so as not to constitute a nuisance or unreasonable annoyance to neighbors.
Section 10. Pets and Animals. No animals except common domestic household pets, within the ordinary meaning and interpretation of such words, may be kept, maintained, or cared for in any Lot or within the Property. No pets shall be allowed to make an unreasonable amount of noise or to become a nuisance; and no pets will be allowed on the Property other than on the Lot of the owner of such pets, unless confined to a leash or under voice control. No pet shall be allowed to run at large, and all pets shall be kept within an enclosed area, which must be clean, sanitary, and reasonably free of refuse and waste. Upon written request of any Owner the ARB may conclusively determine at its sole discretion, in accordance with its rules, whether an animal is a domestic household pet, whether such animal is making an unreasonable amount of noise, whether an animal is being allowed to run at large or whether any animal is a nuisance. The decision of the ARB in such matters is conclusive and shall be enforced as other restrictions contained herein. No pet may be maintained, kept, cared for, or boarded for hire or remuneration on the Property and no kennels for boarding or operation shall be allowed.
Section 11. Oil and Mining Operation. No oil drilling, mining operations, oil refining, quarrying or oil development operations, or tanks, tunnels, mineral excavations, or shafts shall be permitted upon, in, or under any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any Lot.
Section 12. Commercial Trucks, Trailers, and Boats. No vehicles of any kind including, without limitation, commercials vans, trucks, trailers, boats, recreational vehicles, or automobiles shall be permitted to park outside of an enclosed garage or an approved screening; nor shall any of the above be permitted to be stored on blocks or maintained outside of any enclosed garage or approved screening in an inoperable condition. Approval of screening locations and material shall be at the sole discretion of the ARB and shall be determined on a case-by-case basis.
Section 13. Lawful Use. No immoral, improper, offensive, or unlawful use shall be made of the Property or any part thereof and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereof shall be observed.
Section 14. Additional Use Restrictions. The Board of Directors of the Association may adopt such additional use restrictions, rules, or regulations, applicable to all or any portion or portions of the Property and to waive or modify application of the foregoing use restrictions with respect to any Lot(s) as the Board, in its sole discretion, deems appropriate.
Section 15. Maintenance Required and Failure to Maintain. No weeds, underbrush or other unsightly vegetation shall be permitted to grow or remain upon any Lot, and no refuse piles or unsightly objects shall be allowed to be placed or suffered to remain anywhere on any Lot. The Owner shall maintain the exterior of all buildings and improvements on his Lot in good and workmanlike manner and shall present a neat and clean appearance upon the Lot including painting, repairing, replacing, and caring for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements. In the event that any Owner fails or refuses to keep his Lot free of weeds, underbrush, refuse piles, debris or other unsightly growth or objects, or to keep the building or improvements on his Lot in a good and workmanlike manner, or in a neat and clean appearance, the ARB or the Board may authorize its agents to enter upon the Lot and perform any necessary maintenance at the expense of the Owner, and such entry will not be deemed a trespass. During construction of a dwelling or other improvement, each Owner will be required to maintain his Lot in a clean condition, providing for trash and rubbish receptacles and disposal. Construction debris shall not be permitted to remain upon any Lot.
Section 16. Surface water or Storm Water Management System. The Association shall be responsible for the maintenance, operation and repair of the surface water or storm water management system. Maintenance of the surface water or storm water management system (s) shall mean the exercise of practices which allow the systems to provide draining, water storage, conveyance or other surface water or storm water management capabilities as permitted by the St. Johns River Water Management District and the City of St. Augustine Beach. The Associations responsibility as to the surface water management system does not preclude those duties required of the Owner to maintain the Lot as provided in Section 15, above. Any repair or reconstruction of the surface water or storm water management system shall be as permitted, or if modified as approved by the St. Johns River Water Management District. All cost for such maintenance, operation, repairs, or reconstruction incurred by the Association shall be common expenses of the Association.
Section 17 Rentals. (Added 2020)
(i) Homeowner(s) must have occupied the dwelling for 12 consecutive months before the home can be rented/leased. The purchaser is allowed to rent back to the previous owner(s) for a set time period (short or long). After the previous owner(s) move out, the new owner must occupy the home for at least one year prior to renting to anyone else.
(ii) Owners are responsible for providing their tenants with copies of all Association Documents or instruments at such Owner’s sole cost and expense. The Owner is responsible to monitor and ensure that Tenant(s) are not violating any of the Covenants and is to take immediate action to correct any violations
(iii) All lease agreements shall be for a minimum of twelve (12) months. Short term rentals are not permitted.
(iv) Each Owner shall be jointly and severally liable with the tenant(s) to the Association for all costs Incurred by Association for the repair of any damage to Common Areas or to pay any claim for injury or damage to property caused by tenant(s), guests, and/or invitees. If the Association repairs any such damage the costs of such repairs shall be invoiced as an Individual Assessment to the Owner.
(v) Homeowners are required to inform the Association and Property Manager when the home is leased and provide the name and contact info for the individual leasing the home.
Nothing in this subsection is intended to act to discriminate against any protected class, to wrongfully deprive anyone of housing or violation and provision of the Fair Housing Act (FHA) or any other federal, state, or local ordinance.