CRITICAL EXCEPTION
Sample Issue #1 of 3
Covenant restricts storing or installing items in rear/fenced areas not visible from the parcel frontage in direct violation of Fla. Stat. § 720.3045.
Operative Clause · Sec. 5.15 (Page 2)
“automotive RVs, and horse trailers which have living quarters. The quantity of boat and personal watercraft Trailers which may be stored outside an enclosed Structure on a single Tract is limited to two.…”
Why It’s Flagged
Fla. Stat. § 720.3045
- Regardless of any covenants or restrictions in the governing documents, Fla. Stat. § 720.3045 prohibits an HOA from restricting parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including artificial turf, boats, RVs, and vegetable gardens.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
- 1Capital Contribution includes any transfer where the transferor retains no interest in the tract.
- 2(December 14, 2022) 13.
- 3Equestrian Trails – The use or presence of motorized vehicles or motorized devices on all Equestrian Trails within Panther Ridge II is strictly prohibited.
- 4Prohibited devices include, but are not limited to: Electric bicycles (e-bikes), One-wheels, Hoverboards, Electric scooters, and Electric skateboards.
- 5No such vehicles or devices may be present, operated, ridden, parked, stored, carried, or rolled on the Equestrian Trails.
- 6This prohibition does not apply to: Emergency vehicles actively performing official duties or vehicles or equipment expressly authorized by the Board for maintenance, construction, inspection, or other Association-approved purposes.
- 7(March 7, 2026) 14.
- 8When formalities are waived for a Construction Review decision pursuant to section 8.13(a) of the Declaration, the decisions shall be noted in the minutes of the subsequent Board meeting.
- 9(December 14, 2022) 15.
- 10When a violation letter is issued as an administrative action between Board meetings, it shall be noted in the minutes of the next Board meeting.
- 11(December 14, 2022) 16.
- 12Estoppel Certificate Fees – If a delinquent amount is owed, a fee of $150 in addition to the $250 standard estoppel certificate fee shall be assessed.
- 13An additional fee of $100 may be assessed for expedited service within three business days.
- 14(March 4, 2023) 17.
- 15Accessory Structures – Accessory Structures must present a consistent or complementary appearance to the primary dwelling.
- 16(March 4, 2023) 18.
- 17Pickleball & Padel Tennis Courts – The installation of new pickleball and padel tennis courts in the subdivision may not exceed one court per sport per Tract.
- 18A sport or tennis court may only be rearranged for pickleball if there is no pickleball court on the Tract and no other sport court rearranged for pickleball on the Tract.
- 19No sport or tennis court may be used by multiple groups to play multiple pickleball games simultaneously on the court.
- 20All sport courts are subject to Construction Review.
- 21Due to noise, pickleball play within Panther Ridge II must be with a paddle from the Sun City Grand Pickleball Paddle Sound Study Green List.
- 22(May 29, 2024) 19.
- 23Generators – New generators shall be governed by the same rules as air conditioning units and oil and fuel tanks as noted in 8.12 (e) of the Declaration of Covenants.
- 24(March 4, 2023) 20.
- 25Renting of Pools – The renting of pools is prohibited.
- 26(March 4, 2023) 21.
- 27Recreational Vehicles (May 29, 2024) a.
- 28The quantity of RVs with living quarters which may be stored outside an enclosed Structure on a single Tract is limited to three.
- 29This rule applies to automotive RVs, non- automotive RVs, and horse trailers which have living quarters.
- 30The quantity of boat and personal watercraft Trailers which may be stored outside an enclosed Structure on a single Tract is limited to two. b.
- 31All recreational vehicles (RVs), including automotive RVs, Trailer RVs, horse Trailers with living quarters, boats, boat Trailers, personal watercraft (PWC), and PWC Trailers, must be parked or stored “to the rear of a Structure” on the Tract, per Section 8.03 of the Declaration of Covenants. c.
- 32“To the rear of a Structure” is hereby defined as including the following: i.
- 33The area extending from the Structure's footprint perpendicularly toward the Rear Boundary Line. ii.
- 34For all buildings existing as of the effective date of this rule plus all proposed buildings not situated within a Front Yard, the area extending from the building’s footprint perpendicularly toward any one additional boundary line satisfying all of the following conditions: 1.
- 35The additional boundary line is not the Front Boundary Line.
- 362.
- 37The additional boundary line does not touch the Front Access Corner.
- 383.
- 39The additional boundary line has no Road running alongside it.
- 404.
- 41The additional boundary line is within 300 ft of the Structure iii.
- 42The area between the two perpendicular areas described in 21(c)i. and 21(c)ii.
- 43Notwithstanding the foregoing, the area utilized may not be within 60 feet of any boundary line. d.
- 44RVs may only be stored on Tracts which have a substantially completed principal dwelling on the Tract or on an adjoining Tract with the same owner in which case the same rules will apply as if the Tracts were merged.
- 4522.
- 46Trailers -- Trailers for commercial use are governed under Declaration Section 8.02(b) in the same manner as commercial vehicles.
- 47Trailers which are not for commercial use, not for boats, not for personal watercraft, and which contain no living quarters are not within the definition of RVs, but they may be stored to the rear of a Structure in the same manner as RVs.
- 48A single Trailer may also be stored on either side of a Structure, provided they are placed within 30 feet of the Structure.
- 49Storing multiple Trailers on either side of the Structure is also allowed if all of them are stored in a single straight line, parallel to the wall of the Structure, and kept within 15 feet of the Structure.
- 50No part of any Trailer may be stored closer to the Front Boundary Line or Front Access Corner of the Tract than the Structure.
- 51The total quantity of Trailers as defined in this rule which may be stored outside an enclosed Structure on a single Tract is limited to three.
- 52Trailers may only be stored on Tracts which have a substantially completed principal dwelling on the Tract or on an adjoining Tract with the same owner, in which case the same rules will apply as if the Tracts were merged.
- 53(May 29, 2024) 23.
- 54Total Quantity of RVs, Trailers, Personal Watercraft Trailers, and Boat Trailers – The sum total of Trailers, boat Trailers, personal watercraft Trailers, automotive RVs, and non-automotive RVs which may be stored outside an enclosed Structure on a single Tract is limited to five.
- 55(May 29,2024) 24.
- 56Structure Definition – A Structure is a principal dwelling, outbuilding, barn, shop, detached garage, custom shed, opaque fence, or wall.
- 57(May 29, 2024) 25.
- 58Front Access Corner, Front and Rear Boundary Line Definitions – For Tracts with no Roads running alongside them, the Front Access Corner is where the Tract meets the Road.
- 59For Tracts with one Road running alongside them or substantially alongside them, the Front Boundary Line is defined as the boundary line adjacent to the Road.
- 60For Tracts with more than one Road running alongside them, the Front Boundary Line is defined as the boundary line adjacent to the Road more highly trafficked by members of the Association.
- 61For Tracts with no Roads running alongside them, the Front Boundary Line is perpendicular to the Road approaching the Front Access Corner which is more highly trafficked by members of the Association.
- 62The Rear Boundary Line is defined as opposite the Front Boundary Line.
- 63(May 29, 2024) 26.
- 64Front Yard Definition and Restrictions — For Tracts with one or more Roads running alongside them, the Front Yard extends the full width of the Tract from the Front Boundary Line and is measured to a parallel line placed at the point on the principal dwelling Structure closest to the Front Boundary Line.
- 65For Tracts with no Roads running alongside them, the front yard is a triangular area extending from the Front Access Corner and measured to a line at a 45-degree angle to the nearby boundary lines which touches the principal dwelling at the point closest to the Front Access Corner.
- 66No new walled outbuilding, sport court, pool, or lanai cage may be placed in the Front Yard of a Tract unless it is to replace an existing, approved, like-kind improvement within substantially the same footprint.
- 67Detached passenger vehicle garages, additional dwelling Structures, and pole barns are excluded from this restriction but are subject to Construction Review.
- 68Variances may be granted by the BRB in cases where proposed improvements are substantially concealed or hidden from eye-level view from any Road, where an adjoining Tract has the same owner, or where the topography of the Tract are such that compliance with this rule presents an unreasonable burden.
- 69(May 29, 2024) 27.
- 70Rear Yard Definition: For Tracts with one or more Roads running alongside them, the Rear Yard extends the full width of the Tract from the Rear Boundary Line and is measured to a parallel line placed at the midpoint of the depth of the principal dwelling.
- 71For Tracts with no Roads running alongside them, the Rear Yard is a triangular area extending from the corner opposite the Front Access Corner and is measured to a line at a 45-degree angle to the nearby boundary lines and at the midpoint of the depth of the principal dwelling.
- 72(May 29, 2024) 28.
- 73Orientation of Proposed Principal Dwellings – For Tracts with one or more Roads running alongside them, the side of a proposed principal dwelling with the most special architectural treatment (Façade) shall parallel the Front Boundary Line plus or minus no more than 45 degrees.
- 74For Tracts with no Roads running alongside them, the Façade shall directly face the Front Access Corner plus or minus no more than 45 degrees.
- 75The BRB may grant variances to this [STATUTORY VISIBILITY SAFE HARBOR]: Pursuant to Fla. Stat. § 720.3045, this restriction shall not apply to any items, artificial turf, recreational vehicles, boats, or gardens installed, displayed, or stored on a parcel that are not visible from the parcel's frontage or an adjacent parcel.