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Rules & Regulations
 
 


                                           General Architectural Guidelines

Please remember that all changes, additions and alterations to the exterior of a home must be approved in writing through the Architectural Review Board (ARB), prior to commencement of any work. Repainting and roof replacement must be also be approved, even if the color is not being changed.  For repainting re-roofing, and minor modifications contact the Chairman of the ARB or by contacting Board President, Ken Drum. For major modifications a written application should be submitted.   The ARB review application form can be downloaded from our website (See Documents page) or click here. You must include with the application a copy of your survey with the proposed work clearly marked on the survey. The  ARB is responsible for insuring that repairs and modifications are in compliance with HOA covenants. Changes outside of HOA covenants must be approved by the Board. Shown below is a summary of the Architectural Guidelines. These are only guidelines. The covenant rules and regulations are the governing documents.

Awnings

All awnings must be approved in advance by the ARB. Awnings will be required to blend in with the exterior colors of the home. Awnings will generally be approved only inside the lanai cage on the rear of a home. Any boxes, poles, or attachments which will remain permanently affixed to the home will be required to be painted in the background color against which it is mounted.
 
Roofs
Roof color must be approved by the ARB prior to installation.

Signage
Signage is strictly regulated by Lely Master Development as to size, color, font, materials, content, and duration of time of display.  The sign must not be more than 4 ft. in height from the bottom of the sign to the ground. Nothing may be added to the signs. No window signs permitted.

Gutters and Downspouts

Gutters and downspouts should blend in with the existing gutters and downspouts on the house. They may be bronze in connection with a bronze pool cage or lanai cage. Downspouts may be required to be tied into an underground drainage system and drained to a lake, swale, or other storm water drainage system.

Hurricane Shutters

Approved hurricane shutters include temporary and permanent types. During hurricane: season (June to November) hurricane shutters may remain installed on the rear and sides of the homes. Hurricane Shutters on the front of the homes may be installed when there is a tropical storm/hurricane watch or warning and must be removed or opened within l0 days of the cancellation of the watch or warning. Clear plastic panels may be affixed to the front of homes throughout hurricane season.

Temporary hurricane panels may be corrugated steel, aluminum panels or clear plastic panels. All bolts, tracks or mounting brackets that are affixed to the structure shall be painted to blend with the color of the part of the structure to which they arc affixed.

Permanent hurricane shutters arc attached to the structure and are meant to remain in place at all times. Permanently affixed tracks, header boxes, and all other mounting brackets, bolts, and related items shall be painted to blend with the color of the door frame, window frame, banding, house body color or other surrounds to which such items are attached. In addition permanent shutters may be closed on the rear of the home during periods of homeowner absence.

Pools & Spas

In-ground pools and spas and their enclosures shall be located within the maximum build-able area in rear yards or in the internal open space area of structures designed with a central courtyard/atrium. Above-ground pools are not permitted. Any screen enclosures must be bronze with black screening are required to enclose the sides of a pool or spa and surrounding deck. The construction of a pool or spa and deck may not change the grade of the existing landscape. Planting material or other landscape devices may be required by the ARB to soften screen enclosures and pool/spa structures from adjoining properties. Any resultant alterations to systems for landscaping and irrigation are the responsibility of the homeowner. Gutters and downspouts which become part of the pool installation may be required to be tied into an underground drainage system and drained to a lake, swale, or other storm water drainage system. Solar pool/spa heating systems, their placement and attachments, must also be approved by the ARB.

Fences, Walls, and Decorative Planters

All fences, walls, and decorative permanent planters are generally prohibited. This includes "invisible fences".

Exterior Painting

Please remember that all changes, additions and alterations to the exterior of a home must be approved in writing through the Architectural Review Board (ARB), prior to commencement of any work. Repainting and roof replacement must also be approved, even if the color is not being changed.  For repainting re-roofing, and minor modifications contact the Chairman of the ARB.  For major modifications a written application should be submitted.  The ARB review application form can be downloaded from our website (See Documents page) or click here.  You must include with the application a copy of your survey with the proposed work clearly marked on the survey. The ARB is responsible for insuring that repairs and modifications are in compliance with HOA covenants. Changes outside of HOA covenants must be approved by the Board. Shown below is a summary of the Architectural Guidelines. These are only guidelines. The covenant rules and regulations are the governing documents.

Exterior Lighting

The intent of exterior lighting should be to enhance the architectural detailing and landscape design of a structure during evening hours without overpowering street-scape, producing excessive glare, or affecting adjoining lots or traffic. White, frosted or clear lamps should be used, Colored lamps are prohibited, except for short-term seasonal displays. A low-to-medium level of illumination to achieve a soft look or warm glow is desired. Quartz, mercury vapor, high—pressure sodium, metallic halide and white-bluish light emitting lamps are not permitted. Landscape lighting should be low voltage. Standard incandescent or solar. Solar lights must have a separate collector plate and produce light comparable to a low voltage system. All lights must be wired. Individual stick lights are not permitted. In the event an approved light produces excessive glare or light spillage after installation, the owner will be required to correct the situation by reducing the wattage of lamps, adjusting shields, or taking other measures as directed.

Satellite Dishes

One satellite dish that is one meter (39.37 inches) or less may be installed on property that you own with prior permission of the ARB. The ARB may require particular placement or landscape screening for the dish, as long as it does not unduly interfere with the reception.

Chimneys

Chimneys which are not part of the original design of the house must be approved by the ARB.

Play Equipment

Portable play equipment is permitted in yards and driveways and shall be removed daily. Permanently installed play equipment such as play complexes must be approved by the ARB. Permanently installed, basketball goals, tents, tree houses, skate board ramps, tennis courts, soccer goals, and trampolines are not permitted.

Flags and Poles

Permanent flag poles may not be installed in the ground on any lot. One portable flag pole, suitable for displaying a 3’x5’ or 4’x6` flag, may be attached with brackets to the exterior of the wall below the soffit of the garage. The bracket should be white or painted in the wall or trim. No flag should display any letters, words, logos or representations that are in the nature of an announcement, direction or advertisement. (Flags of the United States are exempt from the preceding ban on letters, words, logos, and representations.) The flag displayed should be maintained in good to excellent condition.

Wall Hangings

Wall hangings should be made from natural looking materials, such as wrought iron, bronze, copper.etc. They are to be maintained at all times with no evidence of rust. The overall maximum dimension for single or group wall hangings are 4ft. x 4ft.

Windows

Unless it was a window or glass door that was installed initially in the home construction, windows may only be timed light gray, smoke, or light bronze to match the other windows in the home. No reflective trim, leaded-glass look adhesive material or glass, or other glass or plastic appearing different from the exterior of the structure may be used.

Window Treatments

Window treatments shall consist of drapery, blinds, shutters, decorative panels, or other tasteful window covering, and no newspaper, aluminum foil, sheets, or other temporary window treatments are permitted, except for the initial period of occupancy by the new owner/tenant, or when permanent window treatments are being cleaned or repaired. Windows on the street side of the house should have natural, not bright-colored, window treatments.

Screen Doors

Screen doors should blend in with the color of the house or house trim with black screen or doors and screen can both be bronze. No more than 10% of the door should be covered with decorative features.

Front Glass Doors

Decorative glass must be non-colored.

Solar Heating Systems

Solar heating systems require ARB approval prior to installation. A plan must include the proposed location and means of securing the system. A solar system must be affixed securely to the home.

Landscaping and Landscape Enhancements

Annuals and perennials: Annuals and perennials are permitted to be planted within existing beds without prior permission. The primary requirement for these types of plants is that they be promptly removed at the end of their useful flowering period. The landscaping company is not responsible for plants that grow out beyond the edge of the planting beds.

Flower pots: Flower pots should have natural finishes and may be displayed on walkways and in flower beds. They must be maintained and be removed to safe storage in the event of an impending storm.

Trees and shrubs: In-kind replacement of trees and shrubs does not require A.R.B approval.  When choosing new additional landscaping or new replacement landscaping, it is best to choose plants that are already within the approved palette of the community. If trees or shrubs may be seen to have a negative impact on a neighbor’s view, it is necessary to get prior permission from the affected neighbor.

Vines and trellises: With prior ARB approval, vines may be grown on trellises on personal property. Any resultant stucco or surface damage and required repairs, or any damage done to the vines and trellises to accomplish the maintenance or painting are the sole responsibility of the homeowner.

Rocks, boulders, stones, gravel: Gravel or small stone is permitted under soffit to help water runoff. Generally these materials may not be used as mulch. All additions of such material must have prior approval of the ARB which may specify uses, size and color of material.

Benches: Benches must be stone, concrete or rust resistant metal/wood and may be placed on walkways or in flower beds. They are to be maintained.

Other enhancements: In general, landscape enhancements such as fountains, birdbaths and bird feeders, sculptures, trellises, "garden art", etc., all require written permission from the ARB. In general, most items should not exceed 36" in height and 36" in width, should be of natural (not painted), and should not dominate the landscape, but should blend in with the overall texture and theme of the architectural concept. Items such as outdoor furniture and items not securely anchored to the ground will be required to be removed to safe storage, in the event of an impending storm, or if the owner is leaving for an extended period of time.
 
 
                                     GENERAL COVENANTS AND USE RESTRICTIONS
 
6.1          Use Restrictions  The lots in this neighborhood shall be used for detached single family residences and for no other purposes. No business buildings may be erected on a lot and no business or commercial activity may be conducted on any part thereof. This restriction shall not be construed to prohibit any owner from maintaining a personal or professional library, from keeping his/her personal business or professional records in his/her residence, or handling his/her personal, business or professional telephone calls or written correspondence in and from his/her residence. Such uses are expressly declared customarily incident to residential use. Notwithstanding the above provisions, the Association may, in its sole discretion, permit one or more Residences to be used or maintained as a sales office or as model homes for builders in the Neighborhood.
 
6.2         Size of Buildings.   The floor area of any building constructed hereon shall contain not less than two thousand (2,000) square feet of living area defined as the portion of the residence which has finished walls ceiling floors and which is insulated heated and/or air conditioned, plus a minimum of two-car garage. The floor space within the garage, breezeway, porch or any unfinished area shall not be included within the living area. All builds shall be completed within twelve (12) months of lot clearing.
 
6.3          Appearance : Refuse Disposal. Each owner shall keep his lot free and clear of weeds, underbrush, unsightly growths, trash and debris and shall reasonably maintain his Residence in a neat clean condition at all times. No Lot shall be used or maintained as a dumping ground for rubbish. No outside storage on a lot is permitted, Trash, garbage or other waste shall not be kept except in  a clean and sanitary condition. No garbage incinerators shall be permitted.
 
6.4          Clotheslines.  Clotheslines shall be located within the lanai or patio of the Owner's Lot and, if necessary, screened so as not to be visible from the streets or adjoining properties.
 
6.5           Drainage.  No changes in the elevations of any lot or right-of-way shall be made which will interfere with the approved drainage or otherwise cause undue hardship to adjoining property, except with the Association's approval.
 
6.6           Driveways. Driveways and off street parking areas shall be paved in a fashion accepted and approved by the Association.
 
6.7           Fences and Walls. Hedges or other aesthetic plantings shall be planted at or near boundaries of the Lely Flamingo Island Club by the Owners of Lots abutting on said property and at said Owners expense. All such hedges and or other aesthetic plantings shall require the prior approval of the Association, which may set guidelines for the placement thereof, and shall then become part of the landscape design of said Lot(s) pursuant to section 6.10 of this Declaration.
 
6.8          Garages and Parking.  Operable doors shall be provided for all garages. Garage doors shall be closed except when vehicles are entering or exiting. Parking at individual residences, other than in enclosed garages, either on a lot or an adjoining right-of-way, shall be limited to guests and authorized service vehicles. Residents' vehicles shall be garaged at all times, except for any residence that has fewer parking bays in its garage than Owners' vehicles kept at that residence. No mobile home, boat, truck,trailer,or commercial vehicle may be parked overnight in any Owners' driveway or any other area within the Neighborhood, and the Owner of any Lot, by accepting a deed thereto grants to the Association an easement to remove any such vehicle parked in violation of this Paragraph.
 
6.9         Lawns; Landscaping.  The landscape design for any Lot shall promote and preserve the appearance, character and value of the surrounding areas, Upon development of any Lot, underground landscape irrigation systems that are designed to irrigate the entire landscaped portion of the Lot, including right-of-way adjacent to any portion of the Lot, shall be installed. The Owner shall install landscaping from the back of the curb to the rear Lot line and, once landscaping is installed, it shall be maintained by the Association at the Owner's expense, including right-of-way areas. Palm trees shall be incorporated within the landscaping design to promote the tropical character of the Neighborhood.
     The owner shall water his lawn to keep the lawn and landscaping in a healthy condition. Upon the Owner's failure to do so, the Association shall have the right to enter upon his property, water the lawn, and charge the Owner for the cost of watering the lawn.Such charges, until paid, will be a lien against the Lot. The Owner of any Lot, by accepting a deed to a Lot in the Neighborhood, grants an easement to the Association to enter upon the Lot for the purposes of watering the lawn and landscaping if such should, in the Association's sole discretion, be necessary.
     Each Owner covenants that he shall at all times maintain the exterior portions of his Lot and residence hereon in a neat, aesthetically, pleasing, and proper condition. Such maintenance responsibilities shall include lawns, shrubbery and landscaping all to be maintained in a neat, aesthetically pleasing and proper condition. in order to provide a means by which the aforesaid covenants is this Declaration as to landscape maintenance by Owners may be fulfilled and the Neighborhood maintained in a consistent manner, the Association shall be responsible for maintenance of landscaping and, in particular, lawn care of each and every Lot within the Neighborhood, provided, however, that such duty of maintenance shall not extent to areas requiring unusual  maintenance, such as rose gardens or any other areas specifically designated by the Association as an "Area of High Maintenance". Said Area of High Maintenance shall be properly cared for and maintained by the Owner of the Lot on which the Area of High Maintenance is located, or by such special arrangement as may be approved by the Association.
     The Association shall contract for the Maintenance of the Lots and shall assess maintenance fees therefore as part of the assessment described in section 3. hereof attributable to each Lot hereunder, equal to the cost of the provision of such service to the Lot. The maintenance fee shall be collected at such intervals as the Association shall determine and shall be subject to the same lien rights as provided herein for the collection of assessments.
 
6.10         Mailboxes. All mailboxes and their supporting structures must conform to the standards used for the Neighborhood and must have prior approval of the Association. Mailboxes shall be purchased by the Owner from vendor approved by the Association and shall, at the Owner's expense, be maintained in good and proper condition at all times.
 
6.11        Maintenance. The Association shall have the right to repair any structure or improvement on any Lot which constitutes a danger or nuisance or is in unsightly disrepair and the right to maintain any undeveloped lot not kept in a neat and clean condition provided that the owner is given reasonable notice of the Association's intent to do so, which reasonably specifies the proposed action. The Association shall charge the expense of same against the owner of said Lot, which charge shall be a lien on the Lot which may be foreclosed, and which shall secure the Association's attorneys fees and other costs in connection with said foreclosure.
 
6.12      Minors. All occupants under eighteen (18) years of age shall be closely supervised at all times by an adult to insure that they do not become a source of unreasonable annoyance to other residents.
 
6.13      Nuisance. No noxious or offensive activity shall be carried on upon any Lot or in any Residence, nor shall anything be done that at the sole discretion of the Board of Directors is or may become an unreasonable source of annoyance or nuisance to other residents.
 
6.14      Outdoor Apparatus. All oil tanks, bottled gas tanks, air conditioners, swimming pool heaters and pumps, and other such outdoor apparatus must be stored either underground or in a walled or otherwise sight-screened area so as not to be readily visible from the street. Adequate landscaping shall be installed around the areas where such apparatus is stored and shall be maintained in good condition by the Owner. No structure of any kind commonly known as factory built, modular or mobile home in nature or type shall be erected within the Neighborhood.
 
6.15      Outside Lighting. No spotlights, floodlights, or other outdoor high intensity lighting shall be placed or utilized upon any Lot which in any way will allow light to be reflected on any other Lot or the improvements thereon without the written authorization of the Association; Low intensity lighting which does not unreasonably disturb the owner or other occupants of the Properties shall be allowed.
 
6.16      Pets. The Owner of each Residence may keep household pets such as dogs or cats and reasonable numbers of tropical fish or caged birds in a Residence subject to reasonable regulation by the Association. All pets must be carried under the owner arm or leashed at all times while outside of the Owner's Lot. The Owner is responsible or cleaning up after his pet. The ability to keep such pets is a privilege, not a right, and the Board of Directors is empowered to order and enforce the removal of any pet which becomes a source of unreasonable annoyance to other residents of the area. No reptiles, amphibians, poultry or livestock may be kept on the Properties.
 
6.17      Radio Equipment. No ham radio, CB base station, or other radio transmission equipment (except mobile transmitters in service vehicles) shall be operated or permitted to be operated in the Neighborhood. However, cellular phones, portable phones, garage door opener and the like are permitted.
 
6.18      Recreational Apparatus. No basketball backboards, swings, slides or other recreational apparatus shall be installed or stored on an Owner's Lot so as to be readily visible from the street. All play equipment shall be stored in the garage or at the rear of the Owner's Lot so as not to be visible from the street or front walkway of the Lot.
 
6.19      Roofs. Roofs shall have a minimum of 5:12 slope and shall be constructed of cement tile. In the event that some new, attractive material or roofing surfaces is discovered or invented, the Association may, in its sole discretion, allow its use in the Neighborhood. Each Owner shall be responsible for maintaining his roof in good repair and cleanliness at all times.

6.20      Sidewalks. It shall be the Owner's responsibility to repair, in a manner accepted and approved by the Association, any damage occurring to the sidewalks on his property as a result of any construction on the Owner's property, or of any acts of the Owner and/or persons using the Owner's residence or Lot with the Owner's permission that cause damage to the sidewalks. Each Owner shall be responsible or the cleanliness of the sidewalks on his property at all times.
 
6.21        Signs. No sign may be installed on a Lot unless first approved by the Association; except that an easement is reserved to the Developer to place signs upon any Lot not owned by an Association member and to enter upon any such Lot for the purpose of replacing, improving, altering and/or maintaining any signs thereon. The Developer may assign this right of easement, in whole or in part, to any entity or entities at the Developer's sole discretion.
 
6.22      Solicitation. The Association reserves the right to prohibit any and all peddling, solicitation and selling within the Neighborhood.
                     
6.23      Sprinklers. All Lots and unpaved street right-of-way adjacent thereto shall contain adequate automatic electric irrigation systems provided by the Owner. Sprinkler controls must be accessible from the exterior of all homes built in the Neighborhood: All Owners shall be responsible or maintaining their sprinkler systems in good condition and repair, such that said Owners are in compliance with the terms of Section 6.09 of this Declaration.

6.24      Television and Other Outdoor Antennae. No antenna of any kind shall be placed or erected upon any Lot or affixed in any manner to the exterior of any building other than a satellite antenna less than one (1)meter in diameter, an aerial designed to receive over the air television broadcast or an antenna designed to receive multichannel, multi point distribution service which may be installed only at a location in a manner approved by the ARB.   
         
6.25      Temporary Structures. No structure of a temporary character, including trailer, tent, storage shed or shack shall be used on any Lot, either temporarily or permanently
 
6.26      Trucks. Commercial Vehicles. Recreation Vehicles. Mobile Homes. Boats Campers and Trailers. No truck, van or other commercial vehicle of any kind shall be permitted to be parked or a period of more than four (4) hours on an Owner's Lot or driveway unless such vehicle is necessary in the actual construction or repair of a structure thereon, or for grounds or landscaping maintenance. No truck, van or other commercial vehicle, nor any recreational vehicle of any kind, including boats, boat trailers, jet skis, campers and mobile homes, nor any disabled vehicle of any kind, shall be permitted to be parked overnight on an Owner's Lot unless in a closed garage; nor shall any such vehicle be used as a domicile or residence, whether permanent or temporary.
 
6.27      Underground Wires. All eclectic and telephone lines and any other utility lines running from any street in the Neighborhood to a residence or other structure on an Owner's Lot shall be installed underground. Within the easements for installation and maintenance of utilities and drainage facilities, no structure, planting or other materials shall be placed or permitted to remain that may damage, interfere with or change the direction of flow of drainage in the easements.
 
6.28      Window Coverings.  All window coverings shall have white backing facing the exterior of the structure.
 
6.29      Lanais.  Hedges or other aesthetic plantings shall be planted at or near the rear of the residence's lanais to create a landscape buffer at said Owners expense. All such hedges and/or aesthetic plantings shall require the prior approval of the Association, which may set guidelines for the placement thereof, and such hedges and/or aesthetic plantings shall then become part of the landscape design of said Lot(s) pursuant to Section 6.9 of this Declaration.
                 
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                 The above rules and regulations are  from the Declaration of Neighborhood Covenants.
A full copy of the Covenants and amendment are available on the Documents page.
Please note that  6.8, Garages and parking, was modified by amendment. The amended version is show above.