Estates |
Reinstated April 28, 2008 (Currently in Force) Residential Lots: All lots in said subdivision shall be known and described as residential lots. No structure shall be erected, altered, placed or permitted to remain on any residential lot other than one single private family dwelling with attached private garage or carport. No dwelling shall exceed one and one-half (1-1/2) stories in height except that a tri-level or two (2) story dwelling may be allowed in the discretion of the Architectural Control Committee.
Building Lines: No structure shall be located less than twenty-five (25) feet from the front lot line. On any lot having a curved front line, no structure shall be located less than twenty-five (25) feet from the middle point of the front lot line. No structure shall be located less than twenty-five (25) feet from any side street line, nor less than seven and one-half (7.5) feet from any side lot line. Minimum Floor Space: No dwelling shall be erected on any lot which has a livable floor space of less than twelve hundred (1200) square feet exclusive of open porches, terraces, garage and carports. Lot Size: No lot shall be reduced in size by any method whatsoever without prior written consent of the “Developers” or their duly authorized representatives. Lots may be enlarged by consolidation with one or more adjoining lots under one ownership. In the event one or more lots are developed as a unit, all restrictions herein contained shall apply as to a single lot. In any event, no dwelling shall be erected, altered, placed or permitted to remain on any site smaller than one (1) lot as shown on the recorded plat. Type of Construction: All dwellings on said lots shall be constructed of new materials and shall have roofs that meet the Florida Building Code and have received a building permit issued by the City of Dunedin, Florida. Any substitution of materials in these construction restrictions must of equal or better quality and must be approved by a registered Florida architect and final approval must be by the Architectural Control Committee.
Easements: Easements for installation and maintenance of utilities are reserved in and over the rear five (5) feet of each lot and in and over three (3) feet along each of the side lines of each lot except where such side lot line or rear lot line consists of water frontage. After such utilities have been installed, planting, fencing or other such lot line improvements shall be allowed so long as access without charges or liability for damages be granted for the maintenance of utilities so installed or for the installation of additional utilities. Nuisances: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Temporary Structures: Trailers, tents, shacks, barns or any temporary building of any design whatsoever are expressly prohibited within this subdivision and no temporary residence shall be permitted in unfinished residential buildings. This shall not prevent the erection of a temporary storage building for materials and supplies to be used in the construction of a dwelling, and which shall be removed from the premises on completion of the building. Signs: No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent. Such signs as are allowed must be maintained in good condition at all times and must be removed on the termination of their use. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposed. Refuse: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers properly concealed from public view.
Maintenance of Plots: Each parcel or plot, whether occupied or unoccupied, shall be maintained clean and free from refuse, debris and unsightly growth, or such as may be considered a fire hazard. In the event that any owner shall fail, neglect or omit to trim or maintain any hedge fence at the street line of his property or fail to keep clean any parcel or plot in the manner herein provided for more than ten (10) days after having been notified by the Developers to do so, in writing, addressed via registered or certified mail to such owner at his last know address, then the Developers, or their agent for such purpose, may enter upon such premises for the purpose stated in said notice, and the expense of carrying out such purpose shall be charged to the owner of such parcel or plot and shall be come a lien upon such parcel or plot, collectible and enforceable in the same manner as other assessments, charges or liens as herein provided. General Conditions:
Rapid Completion: The erection of any new building or repair of any building damaged by fire or otherwise shall be completed as reapidly as possible and should the owner leave such building in an incomplete condition for a period of more than six (6) months, the “Developers” or their authorized representatives are authorized and empowered either to tear down and clear from the premises the uncompleted portion of such structure, or to complete the same at their discretion, and in either event, the expense incurred shall be charged against the owner’s interest therein and shall be a lien upon said lands and premise. Architectural Control Committee: The “Developers” heretofore designated, their successors and assigns, shall constitute the Architectural Control Committee. The Architectural Control Committee shall have authority to approve or disapprove plans and specifications and otherwise guide the development of the Subdivision as planned and restricted herein. The Architectural Control Committee shall prepare rules and regulations for the conduct of its duties and shall provide for removal, replacement and resignation of its members.
Committee Approval: No building, fence, wall or other structure shall
be commenced, erected or maintained on any lot nor shall any addition to
or change or alteration therein be made, except interior alterations,
until the plans and specifications showing the nature, kind, shape,
height, materials, color, scheme, location on lot and approximate cost of
such structure and the grading plan on the lot, including grade elevations
of buildings to be built upon shall have been submitted to and approved in
writing by the Architectural Control Committee or its authorized agent,
and a copy thereof as finally approved, lodged permanently with the
Committee. The Committee shall have the right to refuse to approve any
such plans or specifications or grading plans which are not suitable or
desirable in its opinion, for aesthetic or other reasons. In so passing
upon such plans, specifications and grading plans, it shall have the right
to take into consideration suitability of the proposed buildings or other
structure to be built on the site upon which it is proposed to erect the
same, the harmony thereof with the surroundings and the effect of the
building or other structure as planned on the outlook from adjacent or
neighboring property. It is understood that the purpose of this paragraph
is to cause the Subdivision to develop into a beautiful, harmonious,
private residence section and that the Architectural Control Committee
shall not be arbitrary in its decisions. If a disagreement on the points
set forth in this paragraph should arise, the parties shall submit the
same to arbitration by competent architects in the usual manner. The
Committee may, in the exercise of its discretion as indicated above,
permit the erection of such appurtenances as, for example, swimming pools
or green houses. Abatement of Violations: Violation of any condition or restriction or breach of any covenant herein contained shall give the parties hereto in addition to all other remedies, the right to enter upon the land as to which such violation or breach exist, and summarily to abate and remove, at the expense of the owner thereof, any erection or other violation that may be or exist thereon contrary to the intent and provision hereof, and the parties hereto shall not thereby become liable in any manner for trespass, abatement or removal. Sales Agency: Notwithstanding anything to the contrary herein contained, the parties hereto and the “Developers” may construct and maintain a sales agency office, together with a sign or signs of not more than two hundred (200) square feet of front surface, on lot or lots of their choosing in the Subdivision until such time as all of the lots in the Subdivision have been sold by them. Builders: Notwithstanding anything to the contrary herein contained, builders who are erecting model homes may construct a sign or signs totaling not more than fifty (50) square feet of front surface on any one lot on which a model home is being erected in the Subdivision and may be maintained until said model home has been sold. Duration: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
Enforcement: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Failure to enforce any of the covenants herein contained shall in no event be deemed a waiver of the right to do so hereafter, as to the same breach or as to a breach occurring prior to or subsequent thereto.
Assignment: Any or all of the rights, powers and obligations, easements and estates reserved or given to the “Developers” or the Architectural Control Committee, may be assigned by said “Developers” or Committee, as the case may be, to any corporation, the members or shareholders of which are composed of a majority of the then owners of property in said plat, which shall agree to assume said rights, powers, duties and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its consent to the acceptance of such rights and powers, and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to and assumed by the parties hereto, and parties hereto thereupon being released therefrom. When all of the lots in said plat have been sold by the parties hereto, a corporation, the members or shareholders of which shall be composed of at least a majority of the owners of lots in said plat, shall be formed which shall assume said rights, powers, duties and obligations and carry out and perform the same, and the parties hereto thereupon shall be released. Severability: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. |
All photos are of scenes in or near Fairway Estates
Photos and website by Mike Dunlap,
New World Celt
Home | For Sale | Deed Restrictions | Neighborhood Watch | Community Association | Hurricane |