Emerald Forest is a Deed Restricted Community
When you
reside in Emerald Forest, either as an OWNER or a tenant, lessee or licensee of
the OWNER, you are to abide by the Covenants and Restrictions. The Homeowners Association has the right to
enforce the Covenants and Restrictions and has the right to seek legal action
to do so.
The claim of
"You can't tell me what to do with property that I own" is not
valid. The Covenants and Restrictions
run with the property and are recorded in the Public Records of Orange County,
Florida. These covenants are here to
protect your neighbor from encroaching on your rights as much as to keep you
from encroaching on their rights. The
Homeowners Association and Architectural Review Board (ARB) have been
established to provide the preservation of the values and amenities in the
community. Their responsibility is to
maintain and administer the community properties and facilities, and administer
and enforce the covenants and restrictions, and collecting and disbursing the
assessments and charges, for the benefits of everyone. If you have any questions, refer to your
Covenants and Restrictions. You can
email your ARB with architectural questions at arb@emeraldforesthoa.com. You can email your Homeowners Association
with enforcement questions at hoa@emeraldforesthoa.com. You are also recommended to follow
this link where you will find a Guideline to the ARB requirements for
Emerald Forest. It is written in plain
language and will answer many of your questions on what is permitted in our
neighborhood. Reading this does
not release you from getting prior written approval from the ARB before making
any modifications. It
serves only as a guideline for you to understand rules that have been put in
place for your protection.
Below is the
clause which states that if you reside and/or own property in Emerald Forest,
you are to abide by the Covenants and Restrictions:
Section 19.
Resident. "Resident" shall
mean and refer to the legal occupant of any Lot. The term "Resident" shall include the OWNER of the Lot
and any tenant, lessee or licensee of the OWNER.
Below is a paraphrasing of ARTICLE IX, Sections 1 thru 6, which ensures
enforcement and legal action:
In the event of a violation by any MEMBER or OWNER of any of the provisions, the ASSOCIATION shall notify the MEMBER or OWNER of the violation, by written notice. If such violation is not cured as soon as practicable, the ASSOCIATION may, at its option, commence an action to enforce the performance on the part of the MEMBER or OWNER, recover damages, take any corrective action reasonably necessary to correct such violation, and recover expenses. Please refer to ARTICLE IX, Sections 1 thru 6 of your DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR EMERALD FOREST, for complete details on ENFORCEMENT OF NONMONETARY DEFAULTS.
Please be certain to READ YOUR COVENANTS AND RESTRICTIONS BEFORE MAKING ANY MODIFICATIONS TO YOUR PROPERTY. A paraphrasing of a portion of the RESTRICTIVE COVENANTS can be found on the Architectural Review Board link. Complete details of the RESTRICTIVE COVENANTS can be found in your printed copy of the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR EMERALD FOREST. Frequently asked Questions & Answers can be found on the Questions & Answers link.
The following paragraphs are taken directly from the front page of the Orlando Sentinel Homes section, April 21, 2002:
You bought a home in a community with an
association and restrictions to abide by, but you had no idea that the rules
would be enforced so strictly.
Documents of community associations dictate rules such as painting your
home with selected colors, picking up after your pet, not parking all night in
your driveway, and keeping your yard well-maintained. In most cases, if you don’t follow the rules, you’ll get a notice
from the board. Ignore that, and you
could be fined or a lien could be filed against your home. You could even end up in court.
Good grief, you say. It’s my home. Why can’t I
do what I want? If this is your
question, you probably should not have bought in a restricted community. The covenants exist for one purpose: to
protect property values.
Three features make homes in a community with
association covenants different from traditional homeownership. First, you share ownership of common land
and have access to facilities, such as swimming pools. Second, you are a member of an association
with other homeowners and must abide by the rules. Third, you pay an assessment, or regular fee, that is used for
upkeep of the common areas.
Communities with associations are preferable because usually they are better maintained which increases the value of the property. It is important for all potential residents of a restricted community to read and understand the covenants before you buy. If you do, there won’t be any surprises about what is expected of you as a neighbor and member of the association.