Approved 12/11/02 - Filed with Charlotte County 1/17/03 in Book
2158. Pages 425-428
(I) SCOPE: These restrictions and covenants shall run with the
land and will be binding upon all persons who take title or
possession to a lot
or home in Holiday Estates Third Addition.
(2) ENFORCEMENT: Enforcement shall be by proceedings at law or
in equity against any person or persons violating or
attempting to violate any of said restrictions, either to restrain violations or
to recover damages including attorney's fees and costs.
Said action may be brought by the Homeowner's Association or any owners
adversely affected by such violations.
(3) Age Restriction. This is a housing facility for older
a. Pursuant to the Exception to the Federal Fair Housing
Amendment Act of 1988, at least 80% of units shall be
occupied by at least one (1) person age fifty-five (55) years of age or
older. The minimum age of other unit
occupants shall be eighteen 18 years of age, unless decided otherwise by
the Board of Directors as provided
b. However, the Board of Directors may allocate occupancy of
up to 20% of the units in the Association
to persons under the age of fifty-five (55) years. This allocation shall apply
in the following circumstances:
The unit shall be occupied by at least one (1) person
age fifty (50) years or older.
The minimum age of other unit occupants shall be eighteen (18) years of age,
unless decided otherwise by
the Board of Directors as provided herein;
The individual has relatives in the development who
would benefit from their residence nearby;
The individual inherited the property from former
The individual is the surviving spouse or cohabitant of
a former occupant;
The Board of Directors may, in its discretion, approve occupancy of a unit by
persons under the age of fifty
(50), if the proposed occupants can establish special circumstances;
These allocations are not intended to be "exhaustive."
c. The Board of
Directors shall have the authority to adopt reasonable rules and regulations to
including, but not limited to, the right to require potential occupants to
provide proof of their age upon Board request.
d. The Board of
Directors reserves the right to deny occupancy to any person where such
occupancy would cause
Association not to qualify as housing for older persons under the Federal Law.
e. Guests, including
those under the age of eighteen (18) years if occupying the unit with their
occupy a unit in the absence of the permanent occupant for a period of up to
thirty (30) consecutive days
in any twelve (12) month time
f. Guests, including
those under the age of eighteen (18) years, may occupy a unit if the permanent
the unit, for a period of up to ninety (90) consecutive days in any twelve (12)
month time period.
g. No unit shall be
leased or rented, except if one of the occupants is at least fifty-five (55)
years of age or older
meets the requirements of this restriction.
h. The Board of
Directors may, in its discretion, approve occupancy of a unit by a child under
the age of eighteen
(18) years so long as one unit occupant is at least fifty-five years of age.
(4) PRE SALES SCREENING: Prior to the sale of any home in
Holiday Estates Third Addition, application must be made to
the Home Owner's Association, to insure compliance with the age restrictions.
Said application must state the names and ages of
all prospective buyers and their intentions for the occupancy of the property.
The buyers must provide picture identification. A
$25.00 fee in U.S. currency must accompany each application. The screening
process shall apply to all transfers of title within
this subdivision, including persons who presently reside here.
(5) MEMBERSHIP: Membership in the Holiday Estates Home Owner's
Association shall be open to all property owners within
the subdivision upon the payment of appropriate dues. Only those households that
are current in their dues will be entitled to vote
on matters before the Association.
(6) SINGLE FAMILY: All homes in this subdivision are limited to
single family occupancy.
(7) APPEARANCE: No home will be allowed in said subdivision that
does not conform in appearance and quality with the
remaining units in any referenced block. All improvement or changes to the
building, driveways and landscaping must likewise
conform in appearance to the rest of the community. The Homeowners' Association
of said subdivision will make the
determination whether or not the home and/or changes to the home meet the here
referenced standards. All plans for
additions/changes must be submitted to the Home Owners' Board of Directors and
approved prior to receiving a Charlotte County
Building Permit. The exterior of all homes must be kept in good appearance and
(8) SET BACKS: All set backs will be in accordance with
Charlotte County Building Codes.
(9) HOME SITE: No home, may be placed in the subdivision which
contains less than 768 square feet of floor space, exclusive
of porches, carports, garages, utility rooms and lanais. All homes must have
siding of aluminum and/or vinyl. No more than one
home will be placed on each lot and must be used for residential purposes only.
No home will be less than 24 feet in width.
Original homes and /or replacement homes placed on a lot must be no more than
one (1) year old as established by its certificate
of title . Page 1