Covenants & Restrictions

                                                                             WESTLAKE ESTATES OWNERS ASSOCIATION                                    Recorded Jun 28, 2000

5409 Creeping Hammock Drive 

Sarasota, FL 34231

“AMENDED” 

COVENANTS and RESTRICTIONS

for 

WESTLAKE ESTATES

KNOW ALL MEN BE THESE PRESENTS THAT:

NOW, THEREFORE, the Declaration of Covenants and Restrictions for Westlake Estates is hereby superseded and replaced by the following Amended Declaration of Covenants and Restrictions, to-wit: 

1. Covenants and Restrictions -- Land and Parties Bound. These covenants and restrictions shall run with the lands compromising the subdivision as defined above and shall be binding upon the heirs, executors, administrators, legal representatives, successors and assigns of the Owners of all lots or parcels contained in the subdivision.  “Owner” when used herein shall include the singular and the plural, the masculine, feminine and neutral genders, whenever and wherever the context so admits and requires.  “Lot” as used herein shall mean a platted lot contained in the subdivision. “Parcel” as used herein shall mean any combination of one lot together with any portion or all of another lot, properly subdivided hereunder, used as a building site for one single family residence.

2.  Single Family residential uses only -  No lot or parcel of lands within the subdivision shall be used for any purpose other than solely and exclusively for a single-family residential dwelling.

3. Sizes of Lots or Parcel - No building plot, meaning no lot or parcel which will house a single-family dwelling, shall contain not less than 8000 square feet. 

4. Subdividing Lot and Parcels - No lot or parcel shall at any time be subdivided or sold except as a whole. The foregoing shall not prevent, however,

a) Any owner owning a completely vacant lot or parcel, from conveying part of the same to one adjoining side owner and conveying the other part of the same to the other side adjoining owner, provided both such conveyances are made on the same date, or 

b) An owner of two or more contiguous lots may convey a portion of one lot to the adjoining lot owner, provided that the land remaining shall have a frontage and total area not less than one of the lots he or his predecessors in title originally acquired.

c) In the event any portion of any lot or parcels shall once be conveyed as permitted under subparagraphs (a) or (b) above, the portion of lands so conveyed and the land then owned by the Grantee thereof shall together thereafter be deemed and constituted forever one single parcel, and in the case as above provided under subparagraph (b), the portion of land retained shall thereafter be deemed and constitute one single parcel and shall not in any event, thereafter be further subdivided or sold except as one lot or parcel.

d) In no event, however, shall any lot or parcel resulting from the subdivision permitted under paragraph 4 (a), (b), or (c) above violate the provisions of paragraph 3 above.

5.   Lot Grading. Floor level shall be set sufficiently above street grade to provide proper drainage of the respective lots and parcels and no filling or grading shall be done which will adversely affect the proper drainage of or cause drainage upon adjacent property. Protective slopes around all buildings shall be provided and maintained on every lot by the respective owners, side lot line swales shall be planned and maintained to prevent standing water. All proposed plans for grading of lots or parcels shall first be submitted to and approved by the Board of Directors or its designated agent in writing in the manner provided for approval of building plans set forth below; provided, that as to lots 22 through 27, inclusive, the floor level shall be constructed at a 22-foot elevation with the existing earth grade remaining within one foot of the grade level established by Developer in order to preserve existing vegetation.

6. Set Back Requirements - For purposes of this paragraph, unless expressly provided for herein together, all structures attached to or appurtenant to or forming a part of the single-family dwelling built or to be built upon a lot or parcel shall be considered part of the “Dwelling.” No part of any dwelling shall be located nearer than 20 feet from any point on the front lot line of any lot or nearer than 8 feet from any point on the side lot line or any lot or nearer than 10 feet from any point on the rear lot line of any lot. “Lot” shall include parcel for the purpose of this paragraph. “Front” lot line shall mean the lot line bordering on the street on which the lot is located. All dwellings must face such street, except dwellings on corner lots (intersection of two or more streets) may elect to face either street or the be angled to the intersection of such streets. With corner lots the lot lines on the intersecting streets shall be deemed “front” lot lines, the lot line opposite the front of the dwelling shall be the “Rear” lot line and the remaining lot line shall be the “side” lot line. Dwellings angled to the intersection of corner lots shall be deemed to have two “Front” and two “Side” lot lines. “Side” lot lines shall mean the lot lines intersecting the front lot line (except in the case of corner lots as mentioned above) and “Rear” lot  

lines shall mean a lot line opposite the “Front” lot line. Nothing contained herein shall be construed to require all dwellings to be exactly parallel to defined set back lines. Except as otherwise provided all measurements shall be to the nearest part of a vertical plan contiguous to the most exterior projection of the dwelling including but not limited to roof eaves and other projections, except that to the extent eaves extend beyond three (3) feet from the main body of the dwelling, they shall not be as considered as an encroachment. 

7. Type of Dwelling - All dwellings constructed, altered, permitted to remain or to be occupied on any lot or parcel shall conform to the following requirements in addition to all of the provisions of the covenants and restrictions, to-wit:

(a)  Only one single-family shall be permitted on any lot or parcel.

(b) Any structures which are accessory to the dwelling such as garages or porches, service or utilities room, guest rooms, servants’ quarters, and the like shall be attached to and an integral part of the dwelling building and shall also conform with all requirements hereof. No separate or detached structures of any type shall be permitted on any lot or parcel. 

(c) Such dwelling house shall have a total floor area, exclusive of the area of any garage, porches, or storage areas, and patios, whether or not roofed, of no less than 1500 square feet. Carports shall not be permitted unless approved by the Board of Directors.

(d) All roofs shall be of glazed tiles, cement, slate., Bermuda style cement, or 300 lb. shingle or equivalent, unless otherwise approved in writing by Board of Directors.

(e) All dwelling houses shall be constructed of new and durable materials and of external design harmonious with existing structures on comparable locations within the subdivision. All external building walls must be of cement block (stuccoed or sprayed with stucco-crete), wood, brick, or stone. No type of asphaltic, plastic, metal, or similar covering shall be used on exterior walls. 

(f) All front yard areas shall be grassed except for permitted drive, landscaping and parking areas. All driveways and parking areas so permitted shall be constructed of reinforced concrete, a minimum of four inches in thickness with trowel, broom or river gravel finish.

(g) In no event shall a dwelling house be moved onto a lot or parcel, all dwelling houses permitted under these restrictions are to be only those constructed upon said lot or parcel.

(h) No dwelling house shall be constructed upon any lot or parcel until the complete plans and specifications for the same, or alterations and changes in the same, if that be the case, together with a plot plan thereof showing the location of the structure in relation to the lot boundary lines, shall be submitted to the Board of Directors for the Board's approval. The Board shall have no more than ten (10) days to approve or reject the plans, specifications and plot plan and, if rejected, the Board shall advise the applicant in writing of the portions or parts thereof which were objectionable to the Board. In the event that the applicant makes the changes requested by the Board, the plans, specifications and plot plan shall be resubmitted and approved by the Board within five (5) after resubmission. All construction work must be completed in accordance with the plans, specifications and plot plan so approved. 

8. Temporary Structures - No temporary structures or outbuildings of any type shall be permitted or maintained upon any lot or parcel except temporary structures or outbuildings used in connection with the construction of dwelling houses.

9.  Walls, Hedges & Fences – No fences, walls, hedges or other enclosures or dividers of any kind serving as a fence shall be constructed, permitted or maintained upon any parcel, except for fences or hedges along the rear lot line of no more than 6 feet in height over the average lot elevation which fence may extend along the side lot lines to a point opposite the rear of the dwelling house, exclusive of the area of any garage, porches, storage areas, lanai, or patio, whether or not roofed. 

10.  Right of the Board of Directors to Grant Variances – The absolute right and discretion is hereby reserved to the Board of Directors to grant variance from the obligations of Paragraph 2 through 9 above in cases where not to grant such variances would create hardship in the opinion of the Board or where such variances would in keeping with the spirit and intent of these covenants and restrictions or would be such as to not adversely affect any neighboring owners or the subdivision as a whole. Such variances, if granted, shall be granted upon application of the owner in writing setting forth in detail the variance required and the reasons therefore, and any such variance, if granted, shall be granted by the Board in writing and shall be strictly complied with by the applicant. All such variances shall be executed with the formalities of a deed and recorded in the Public Records of Sarasota County, Florida.

11. Water and Sewer, Sanitary Facilities – All dwellings constructed upon any lots or parcels in the subdivision shall be connected to the water and sewer system provided by Florida Cities Water, its successors or assigns. The owners of all lots shall be subject to uniform connection and installation charges and fees and uniform charges and fees for water consumed and sewer service furnished as the same are billed from time to time. All owners of property within the subdivision expressly grant to any utility company approved by Westlake Estates Owners Association, Inc., the right and license for any agent and/or employee thereof to enter upon any of the lots and parcels of the subdivision and premises contained thereon for the purposes of installation of water meters, water and sewer lines, and for routine reading, service and common inspection and maintenance of water and sewer installation.

12. Unsightly Objects – Visible Storage - All refuse and trash containers, outside clotheslines, oil or bottled gas tanks, water softening equipment, and other similar items must be underground or hidden from view of all neighborhood lots or parcels by a wall, fence or hedge installed in compliance with the provision relating to the same set forth above. The owners of all lots and parcels shall provide sanitary disposal for all garage and rubbish. 

No trailers, boats, campers, commercial vehicles or other vehicles or equipment except for the non-commercial private vehicles of the owner of a lot of parcel may be stored or maintained on such lot or parcel exposed to the view of the neighbors, except for temporary parking in no event more than 48 hours. 

No unsightly weeds, underbrush or growth shall be permitted to grow or remain on any lot or parcel. The same shall be kept mowed and clear of debris and excessive and unsightly vegetation by the owner thereof. Failure to do so maintain lawns and landscaping shall be deemed to impair the value of neighboring lots and parcels and be hazardous to the health and welfare of the neighborhood. In the event that the owner of any lot shall fail or refuse upon demand by the Board of Directors, to keep the premises free of such weeds, underbrush or refuse, the Board of Directors may enter upon said lot or parcel and remove such weeds, underbrush or refuse and charge the owner the cost of such services. Such entry shall be deemed to be permitted and not be deemed a trespass. The charge for the cost of such removal shall become a lien upon the property and bear interest at the legal rate until fully paid and shall be subject to foreclosure in the event the same is not paid upon demand. Absolutely no burning of trash, refuse, or garbage shall be permitted on any lot except during the initial construction period of a dwelling. 

13. Animals - No animal of any type shall be kept, bred, raised on any lot or parcel except that dogs and cats and any small domestic pets which are kept indoors at all times, may be kept, bred or maintain but in no event for any commercial purpose and provided they are not kept in such a number or manner as to be a nuisance to neighbors. 

14. Signs - No signs of any type shall be displayed to the public view on any lot or parcel except one sign of no more than 6 square feet advertising such lot or parcel for sale or rent and one sign of not more than 1 square foot used to designate the name of the resident.                                          15. No Trade or Business - No dwelling house shall be used to carry on any trade, business, or profession where there is public access. 

16. Nuisance - No activity shall be done or permitted upon any lot or parcel or private street of the subdivision, which may be or become an annoyance or nuisance to the neighborhood. No unlawful use of any lot or parcel or private street may be made by or permitted by the owner or owners thereof, or the members of the Association. 

17. Easements - A utility easement is reserved around the perimeter of the property line of each lot, such easement having of width of eight (8) feet on each side of lot lines and eight (8) feet on the front and rear lot lines measured at right angles to and within the property line of each lot. Each easement area may be entered upon, improved, used, or occupied for the purpose of installing and maintaining public utilities deemed necessary for the servicing of this subdivision and the lots contained therein. Any paving, planting, or improvements placed within the easement may be removed by the utility at the expense of the lot owner. 

18. Owners Association - The affairs of Westlake Estates Subdivision and the enforcement of these covenants and restrictions are managed by the Westlake Estates Association, Inc., a non-profit corporation existing under the laws of the State of Florida. Each owner of a lot or parcel in the subdivision upon acquiring title to their lot or parcel shall become members of said Association and shall commence paying to said Association uniform assessments hereinafter mentioned. In the event of joint ownership of a lot or parcel each co-tenant shall be a member of the Association, but there shall be permitted one vote per lot, the co-tenants therefore, having fractional voting rights. The said Association shall concern itself with the institution and promulgation of policies and procedures and shall institute such programs as will be desirable for the purpose of maintaining a desirable social and community life within the subdivision. The Association shall have no right to modify or impose restrictions upon the subdivision, except as expressly set forth herein. 

The Association has all rights and privileges to enforce or grant variances from these covenants and conditions as well as rights of approval or granting of various permits. 

The costs of operating the Association and differing the Association expenses as outlined herein as well as any other expenses relating to obligation hereafter undertaken by the Association shall be payable to the Association annually or more frequently if it so determines, assessing each and every lot or parcel its pro rata share of the same. 

Parcels comprising of more than one platted lot shall bare their share of such expenses proportionately. In no event, however, shall the per lot annual assessments aggregate more than $150.00 unless the Association by the affirmative vote of fifty-one percent (51%) of the lots represented in the Association has adopted uniform assessments for the year in question exceeding such sum. In the event that a lot or parcel does not pay its maintenance  assessment when made by the Association, the same shall then and there become a lien upon said lot or parcel which lean shall be evidences by a document in writing recorded in the Public Records of the Sarasota County, Florida, and shall bare interest at the legal rate from the date of such lien until fully paid and shall be subject to foreclosure as though the same were a mortgage. Such lien shall also secure payment of all costs and expenses of the Association including court costs and attorney’s fees incurred in collecting the same. 

19.  Amendments – The members of the Association may amend these covenants and restrictions by an affirmative vote of fifty-one percent (51%) of the lots represented in the Association. Such amendment shall become effective when duly executed and recorded in the Public Records of Sarasota County, Florida. No amendment, however, shall invalidate any action properly taken under thee covenants and restrictions nor shall terminate or modify in any manner or affect any rights reserved herein to the Board of Directors.

20.  Deeds and Contracts to include Reference – All deeds and contracts pertaining to the sale, transfer, lease, encumbering, or other disposition of lot or parcel in the subdivision shall specifically contain a reference to the same being subject to these covenants and restrictions.

21. Remedies for Violation – In the event that the owner of any lot or parcel in the subdivision shall violate or attempt to violate any of these covenants and restrictions, the Board of Directors in its discretion or any persons or persons owning any substantial interest in a lot or parcel in the subdivision may prosecute any proceedings for the recovery of damages against the person or persons so violating or attempting to violate any of these covenants or restrictions or may maintain a proceeding against the person or persons so violating or attempting to violate any of these covenants and restrictions for the purpose of enjoining or preventing such a violation, provided, however, that the remedies contained in this paragraph shall be construed as incorporating all other remedies now or hereafter provided by law. Although the Board of Directors may enforce these covenants and restrictions, it shall not be obligated to do so. Any person, including the Board, who shall bring successful legal proceedings to enforce these covenants and restrictions shall be entitled to the recovery of the costs and reasonable expenses of such proceedings, including appellate proceedings, together with reasonable attorney’s fee. For the purpose of this paragraph the Association hereinafter mentioned shall be considered as a person having a substantial interest in a lot or a parcel.

22.  Terms of Restrictions – These covenants and restrictions shall remain in force and effective for a period of twenty (20) years from the date hereof and shall be automatically renewed for successive ten (10) year periods unless the owners of the majority of lots in the subdivision (not parcels) executes and records in the Public Records of Sarasota County, Florida, an instrument specifically rejecting a subsequent renewal.

23. Invalidation – Invalidation of any one or more of these covenants and restrictions by judgement or court order or in any other manner shall in no way effect any of the other provisions hereof, which shall remain in full force and effect.

24. Operation of Motorized Vehicles – Motorized vehicles, including mopeds, licensed in the State shall be operated in a manner in compliance with the State of Florida Motor Vehicle Code, except for speed limits which shall be as posted within the subdivision. The use of unregistered motorized vehicles, such as dirt bikes and go-carts, on the private streets of the subdivision are expressly forbidden. Violation of this provision shall subject the violator to fines as provided in these covenants.

25.  Fines – Any repeated violation of these covenants and restrictions by an owner, his tenant, or a member of his family residing with the owner or his tenant, shall subject the violator to a fine in an amount to be assessed by the Board of Directors in accordance with a schedule of fines which shall be promulgated from time to time by the Board of Directors; provided that no fine shall exceed the amount authorized under Section 617,305, Florida Statutes, and shall not be imposed within fourteen (14) days prior to written notice to the violator specifying the violation charged and an opportunity for a hearing before a committee of at least three (3) members of the association appointed by the Board who are not officers, directors, or employees, of the association, or the spouse, parent, or child, brother or sister of an officer, director or employee of the Association. The person so charged shall have the right to be represented by counsel at the hearing. If the committee, by majority vote, does not approve the imposed fine, it may not be imposed. In lieu of a monetary fine the Association may suspend, for a reasonable time, the rights of the violator to use any of the common areas and common facilities, but shall not impair an owner or tenant of said lot to have vehicle or pedestrian ingress or egress room his lot including the right to park a vehicle thereon; nor shall such person’s voting rights be suspended.