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The Architectural Review Board of Emerald Forest, pursuant to the
Declaration of Covenants, Conditions, and Restrictions for
The Architectural Review Board of Emerald Forest has the authority
to regulate the use and appearance of the exterior of all properties within
Emerald Forest to assure harmony of external design and to protect and conserve
the value and desirability of Emerald Forest as a residential community.
The Architectural Review Board has the authority to regulate all
exterior changes to properties within Emerald Forest.
The Architectural Review Board has the authority to adopt,
promulgate, rescind, amend, and revise the ARB Criteria in connection with its
authority.
All definitions set forth in
the Declaration of Covenants, Conditions, and Restrictions are incorporated by
reference into the Architectural Review Board Criteria as if fully set forth
therein.
Therefore, the Architectural Review Board adopts and promulgates
these ARB Criteria. In conjunction with
the Declaration of Covenants, Conditions, and Restrictions for Emerald Forest,
this is a living document of changes and maintenance items that should be
considered the minimum with jurisdiction by the ARB. It does not release the homeowner from
submitting an ARB application and securing approval prior to beginning any
work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.1 No EXTERIOR change,
alteration, addition, reconstruction, or attachment (hereinafter collectively
“alteration”) may be made to any property until the plans and specifications
for the alteration are submitted in a written application to the Architectural
Review Board and are subsequently approved by the Architectural Review Board in
writing. This includes any change,
alteration, addition, reconstruction, or attachment that can be viewed from the
outside of the home. ANY ARCHITECTURAL
CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND
NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.2 The
application must include the plans and specifications for an alteration
including the nature, kind, shape, height, materials, locations, color and
approximate cost of the alteration. ANY
ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.3 The
Architectural Review Board may request additional documentation or explanation
of any proposed alteration. ANY
ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.4 All
applications for approval of an alteration shall be delivered to the Property
Manager, and the Property Manager shall forward the application to the
Architectural Review Board. ANY
ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.5 The Architectural Review Board shall act on any application for
approval of an alteration within 30 days of the date the application is
received by the Property Manager. If the
Architectural Review Board fails to act on an application with in thirty days
of receipt by the Property Manager, the application is deemed approved. ANY ARCHITECTURAL CHANGE NOT EXPLICITY
DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED
UNDER ANY CIRCUMSTANCE.
1.6 All actions of the Architectural Review Board in connection with
an application for approval of an alteration shall be in writing, including approvals,
disapprovals, or requests for additional information. Approval by the ARB does
not supersede and must be secured in addition to any required Governmental
permits, approvals or waivers and all must be obtained before any alterations
may begin. ANY ARCHITECTURAL CHANGE NOT
EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT
PERMITTED UNDER ANY CIRCUMSTANCE.
1.7 Failure of a property owner to obtain Architectural Review Board approval
for an alteration can result in a lawsuit by the Homeowners’ Association or any
other property owner to enjoin or remove any structure, activity, use, change
alteration or addition. ANY
ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.8 Authority to enforce these ARB Criteria shall be vested in the
Board of Directors of the Homeowners’ Association. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.9 A
Property Owner may appeal in writing any decision of the Architectural Review
Board within thirty days of the date of the decision by the Architectural
Review Board. The written decision of the Architectural Review Board shall
specify that the property owner shall have thirty days from the date of the
decision by the Architectural Review Board within which to file an appeal to
the Board of Directors of the Homeowners’ Association. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.10 A
property owner who wishes to orally present an explanation of a proposed
alteration, in addition to the required submission of written plans and
specifications, shall so notify the Property Manager, upon submittal of the
application, and an opportunity to be heard before the Architectural Review
Board shall be provided prior to a decision by the Architectural Review Board. ANY ARCHITECTURAL CHANGE NOT EXPLICITY
DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED
UNDER ANY CIRCUMSTANCE.
1.11 The Architectural Review
Board, as a condition of approval of a proposed alteration, may require
reasonable security to ensure the work will be completed in accordance with the
approved plans and specifications, or to secure payment for any additional
maintenance which may result from the alteration. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
1.12 These
ARB Criteria supplement the provisions of the Declaration of Covenants,
Conditions and Restrictions for Emerald Forest.
All proposed alterations must comply both with these ARB Criteria and
with the Declaration of Covenants, Conditions and Restrictions for
Guideline
No. 2 – Fences and Walls
2.1 No fences or walls shall be constructed anywhere on the
property other than to serve as a property line divider.
2.2 No temporary, partial, or half-walls may be constructed
anywhere on the property.
2.3 Fences and
walls shall be constructed of one of the following materials: wrought iron, brick, stucco covered block, ornamental aluminum or
vegetation in the form of hedges.
2.4 No
fence or wall may be constructed of exposed concrete, exposed concrete blocks,
wood, plastic or other synthetic material.
No fence, wall, or structure may be made with any unapproved material,
including –but not limited to– chain or chain link, cage wire, chicken wire, or
poultry fencing.
2.5 No
fence or wall may be constructed closer than fifteen feet to the front of a
primary living structure located on a property.
2.6 No
fence or wall may exceed six (6) feet in height above the ground level of the
adjoining Lots. An exception will be permitted for hedges used as a fence to
grow to a maximum height of eight (8) feet above the ground level of the
adjoining Lots.
2.7 No
fence or wall may be painted unless the color is harmonious with the color of
the residence. Proposed paint colors shall be subject to review and
pre-approval of the Architectural Review Board.
2.8 Any
fence or wall constructed on a lakefront lot shall be of a material, which will
not obstruct the visual sight lines of neighbors as to the adjacent body of
water or along a conservation easement.
2.9 In
conjunction with the Declaration of Covenants, Conditions, and Restrictions for
Emerald Forest, this is a living document of changes and maintenance items that
should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from
submitting an ARB application and securing approval prior to beginning any
work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
Guideline
No. 3 – Antennas, Aerials, Disc and Flagpoles
3.1 No outside
antennas, antenna poles, antenna masts, satellite television reception devices,
electronic devices, antenna towers or citizen band (CB) or amateur hand (ham)
antennas shall be permitted without prior written approval by the ARB. Once written approval has been secured, limit
is one per property. A flagpole for display of only
the current American flag (or those of the United States Armed Forces as
described in Florida State Statute 720) shall be permitted, and only after
receiving prior express written permission from the ARB, both as to its
design, height, and location, to ensure it is displayed in a tasteful manner as
described in Chapter 720. No flagpoles shall be used as an antenna.
3.2 No other flag of
any kind is to be displayed under any circumstance.
3.2 In conjunction with
the Declaration of Covenants, Conditions, and Restrictions for Emerald Forest,
this is a living document of changes and maintenance items that should be
considered the minimum with jurisdiction by the ARB. It does not release the homeowner from
submitting an ARB application and securing approval prior to beginning any
work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
4.1 In addition to ARB approval, all docks must have all necessary
permits issued by appropriate governmental authorities.
4.2 No owner shall be permitted to
construct more than one (1) dock for use on each
4.3 All
docks must be constructed perpendicular to the shoreline.
4.4 All
docks must be constructed and located at least ten feet from the side
4.5 No
dock may extend more than forty feet into the lake from the normal high water
line of the lake.
4.6 The
total area of a dock cannot exceed two hundred twenty five square feet. This limitation is subject to the discretion
of the Architectural Review Board to grant an exception for a wooden walkway or
dock, no more than four feet wide, if necessary to accommodate shallow water.
4.7 No
dock can exceed two feet over the normal high water elevation.
4.8 All
docks shall be of wood construction and must be properly treated for weather
proofing and water sealant.
4.9 Any
lighting installed on docks must be limited to standard low voltage lighting
systems. No high voltage or floodlights shall be permitted.
4.10 The Architectural Review Board recommends that all docks have
installed a swimmer’s safety bar and reflectors for visibility in low light
conditions.
4.11 In
conjunction with the Declaration of Covenants, Conditions, and Restrictions for
Emerald Forest, this is a living document of changes and maintenance items that
should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from
submitting an ARB application and securing approval prior to beginning any
work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
Guideline
No. 5 – Signs (Sign restrictions are
covered in the EF Declaration of Covenants, Conditions & Restrictions but
are repeated here for clarity and completeness)
5.1 No signs, freestanding or otherwise installed, shall be erected or displayed to the public view of any Lot or from within any residence without the prior express written permission of the ARB, with the exception of the following:
5.2.1 A “For Sale” or “For Rent” sign of not greater than five (5) square feet in size, hung from a wooden cantilever post and being of the standard preprinted type commonly used by realtors, which may only be located in the front yard of the Lot, and which must be removed within forty-eight (48) hours after the sale closing or rental occupancy;
5.3 Preprinted standard political signs supporting candidates for election, which must be removed within forty-eight (48) hours after the election is concluded.
5.4 In conjunction with the Declaration of Covenants, Conditions, and Restrictions for Emerald Forest, this is a living document of changes and maintenance items that should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from submitting an ARB application and securing approval prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
6.1 Sheds
or storage buildings shall not be permitted on any property without prior
express written approval from the ARB. At the time of request by the OWNER, the
ARB will provide a list and description of the types of sheds and locations
that are permitted.
6.2 No exterior
structures may be constructed on any utility easement without a properly
adopted modification to that easement by the party in whose favor the easement
is granted.
6.3 No
structure of a temporary character including, but not limited to, trailers,
tents, shacks, sheds, barns, tree houses or out building shall be parked or
erected on the Property at any time without the express written permission of
the ARB.
6.4 No
structures of any kind shall be permitted that would house any kind of animal or
pet, including but not limited to dogs, cats, birds, fish, snakes, or any other
animal or pet.
6.5 In
conjunction with the Declaration of Covenants, Conditions, and Restrictions for
Emerald Forest, this is a living document of changes and maintenance items that
should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from
submitting an ARB application and securing approval prior to beginning any
work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
7.1 Any changes to the colors of the
residence, trim, roof shingles or tiles, or any other structure on the Property
requires prior express written approval by the ARB through the formal ARB
application process.
7.1.1 The color palette shall include no more than
one color for the walls, one color for the trim, and a third, complimentary
color for the front door is permitted.
The fascia board and flashing/drip edge must be the color of the trim or
may be painted white. If your home has
shutters, they must be painted the color of the trim or the color of the front
door.
7.1.2 Samples of all colors shall be submitted with the ARB application for the review and approval by the ARB. In general, only earth tones that are consistent with the design of the neighborhood will be approved.
7.1.3 Bright shades of primary colors or fluorescent colors will not be permitted.
7.1.4 All paint should be
of a quality and type meant for exterior use and shall be limited to flat
finish only. Semi-gloss or gloss paint finishes will not be permitted.
7.1.5 All painting must be
completed in a professional manner.
7.2.1 Driveways and walkways
must be pavers.
7.2.2 No painting of
driveway pavers, paver walkways, or sidewalks will be permitted. No sealing or application of anything that
would change the color of the sidewalks, paver walkways, or driveway pavers
will be permitted. Any paver sealer must
be clear, and approval must be secured from the ARB before applying sealer.
7.2.3 Any repair or
replacement of pavers will be done with the same type and color of existing
pavers and requires ARB preapproval.
7.3 Only single solid colors are permitted on the exterior walls
of the residence. One color for the wall and one color for the trim. Garage doors must be one solid color. Murals or any other type of artistic design
will not be permitted.
7.4 Garage door window trim must be painted the same color as the
rest of the garage door. Windows of
garage door are not to be painted.
7.5 In conjunction with the Declaration of Covenants, Conditions,
and Restrictions for Emerald Forest, this is a living document of changes and
maintenance items that should be considered the minimum with
jurisdiction by the ARB. It does not
release the homeowner from submitting an ARB application and securing approval
prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED
IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED UNDER ANY
CIRCUMSTANCE.
10.1 Lawn art is subject to the approval of the ARB and must be in accordance with the following guidelines:
10.1.1 The size must not be more than 18 inches in height and must fit in a box not more than 24 inches square at the base.
10.1.2 The color must be earthtones that are consistent with the scheme of the neighborhood.
10.1.3 The number
of objects must be limited to not more than three per
10.1.4 Objects cannot indicate a religious, racial or political message.
10.2 These guidelines do not apply to temporary holiday decorations. Any holiday decorations must be removed within 3 weeks of the end of the holiday.
10.3 In conjunction with the Declaration of Covenants, Conditions, and Restrictions for Emerald Forest, this is a living document of changes and maintenance items that should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from submitting an ARB application and securing approval prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
Guideline No. 11 – Outdoor Furniture
11.1 Heavy decorative or wood chairs are permitted in the front area of the property. Chairs, benches, rockers, stools, or any other type of seats placed in the front of the property may not be made of resin, fabric, or plastic.
11.2 No furniture is permitted to be left out overnight without submitting an ARB application and securing approval.
11.3 If the homeowner desires outdoor furniture to be permanent, it requires submitting an ARB application and securing approval.
11.4 In conjunction with the Declaration of Covenants, Conditions, and Restrictions for Emerald Forest, this is a living document of changes and maintenance items that should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from submitting an ARB application and securing approval prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
Guideline No. 12 – Basketball Backboards
12.1 No permanent basketball backboards will be permitted.
12.1 ALL temporary basketball backboards must be pre-approved by the ARB before their use will be permitted.
12.3 Temporary
basketball backboards must be brought adjacent to the house when not in use. They are not
to be left in the street, near the street, on the sidewalk, or anywhere else
that is not adjacent to the house.
12.4 Basketball backboards must be 48 inches or less in width. Backboards must be a size and shape
consistent for amateur or residential use.
The ARB has full authority to determine whether a backboard is
not consistent with the neighborhood.
12.5 Backboards must be of a color and shape that is consistent with
residential use. The ARB has full
authority to determine whether a backboard is not consistent with the
neighborhood.
12.6 In conjunction with the Declaration of Covenants,
Conditions, and Restrictions for Emerald Forest, this is a living document of
changes and maintenance items that should be considered the minimum with
jurisdiction by the ARB. It does not
release the homeowner from submitting an ARB application and securing approval
prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY
DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED
UNDER ANY CIRCUMSTANCE.
Guideline No. 13 – Maintenance of Emerald Forest
Subdivision Exterior Brick Wall
13.1 No vines or vegetation of any kind is permitted to grow on or touch the brick wall (located on Buena Vista Woods Boulevard, South Apopka-Vineland Road, and Darlene Drive) surrounding the Emerald Forest subdivision. No vines or vegetation will be permitted to grow in such a manner as to hang over the brick wall.
13.2 The Board of Directors of the Emerald Forest Homeowners Association has complete authority to maintain the brick wall (located on Buena Vista Woods Boulevard, South Apopka-Vineland Road, and Darlene Drive) surrounding the Emerald Forest subdivision in a manner they deem necessary to protect integrity of the wall itself as well the aesthetics of the appearance. This includes repair of the physical wall as well as the maintenance of the bushes, flowers, trees, vines, and all foliage growing near, around, on, or over the wall, as the root system as well as the exterior growth of such foliage has the capability to affect the structure and integrity of the wall. This complete authority includes permitting the association to trim –and in extreme cases remove– said foliage in order to protect the integrity of the wall as well as aesthetic appearance. This trimming includes –but is not limited to– a vertical line as drawn from the inside of the wall. If necessary, the Association has the implied permission to enter the property to perform this maintenance.
13.3 In conjunction with the Declaration of Covenants, Conditions, and Restrictions for Emerald Forest, this is a living document of changes and maintenance items that should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from submitting an ARB application and securing approval prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
Guideline No. 14 – Property Vegetation
14.1 No growing of fruits, vegetables, citrus,
nuts, or any other edible trees, bushes, or plants may be planted, grown, or
stored in the front of the property, or anywhere where it can be seen from the
street while standing in front of the house.
14.2 In conjunction with the Declaration
of Covenants, Conditions, and Restrictions for Emerald Forest, this is a living
document of changes and maintenance items that should be considered the minimum
with jurisdiction by the ARB. It does
not release the homeowner from submitting an ARB application and securing
approval prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY
DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED
UNDER ANY CIRCUMSTANCE.
Guideline No. 15 – Pools
15.1 No above ground or temporary pools of any
size will be permitted at any time or under any circumstance.
15.2 In conjunction with the Declaration of
Covenants, Conditions, and Restrictions for Emerald Forest, this is a living
document of changes and maintenance items that should be considered the minimum
with jurisdiction by the ARB. It does
not release the homeowner from submitting an ARB application and securing
approval prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY
DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED
UNDER ANY CIRCUMSTANCE.
Guideline No. 16 – Landscaping
16.1 Landscape edging must consist of natural
color materials and be normally accepted edging material such as landscape
blocks or bricks.
16.2 Black plastic edging must be installed
properly. This means the edging must be
buried up to the rolled lip.
16.2 ARB approval must be secured before making any
landscape changes.
16.4 The addition and/or removal of any large trees defined as being 4 inch or greater in trunk diameter require the prior express written approval of the ARB.
16.5 Any dead landscaping must be removed. The homeowner is then required to submit an ARB application indicating whether they will be replacing it with the same, or entering a request to not replace the dead landscaping. Either way requires ARB approval.
16.6 In
conjunction with the Declaration of Covenants, Conditions, and Restrictions for
Emerald Forest, this is a living document of changes and maintenance items that
should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from
submitting an ARB application and securing approval prior to beginning any
work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY DEFINED IN THESE GUIDELINES IS STRICTLY
PROHIBITED AND NOT PERMITTED UNDER ANY CIRCUMSTANCE.
Guideline No. 17 – Miscellaneous
17.1 No vehicles may be parked outside the
confines of your garage with a car cover.
This includes vehicles parked in your driveway, on the street, or
anywhere else within Emerald Forest.
17.2 In conjunction with the Declaration
of Covenants, Conditions, and Restrictions for Emerald Forest, this is a living
document of changes and maintenance items that should be considered the minimum
with jurisdiction by the ARB. It does
not release the homeowner from submitting an ARB application and securing
approval prior to beginning any work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY
DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED
UNDER ANY CIRCUMSTANCE.
In conjunction with the
Declaration of Covenants, Conditions, and Restrictions for Emerald Forest, the
above constitutes this living document of changes and maintenance items that
should be considered the minimum with jurisdiction by the ARB. It does not release the homeowner from
submitting an ARB application and securing approval prior to beginning any
work. ANY ARCHITECTURAL CHANGE NOT EXPLICITY
DEFINED IN THESE GUIDELINES IS STRICTLY PROHIBITED AND NOT PERMITTED
UNDER ANY CIRCUMSTANCE.