Covenants

Covenants and Deed Restrictions

Index

ARTICLE I.      DEFINITIONS
ARTICLE II.     ADDITIONS TO PROPERTY SUBJECT TO THIS DECLARATION
ARTICLE III.    PROPERTY RIGHTS
ARTICLE IV.    ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
ARTICLE V.     ASSESSMENTS
ARTICLE VI.    ARCHITECTURAL CONTROL AND RESTRICTIONS
ARTICLE VII.   GENERAL PROVISIONS

ARTICLE I

DEFINITIONS

Section 1. “Association” shall mean and refer to ‘ROCK CREEK OWNERS ASSOCIATION, INC., a Florida non-profit corporation, its successors and assigns.

Section 2. “Properties” shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought with the jurisdiction of the Association.

Section 3. “Common Area” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners.

Section 4“Owner” shall mean and refer to the record owner of the fee simple legal title to any designated lot within the properties and not within the common areas.

ARTICLE II

ADDITIONS TO PROPERTY SUBJECT TO THIS DECLARATION

Section 1. Declarant may in one or more phases, add all or part of the property described in Exhibit “A” attached hereto this Declaration, and any such addition shall not require the approvals of the Association. Declarant may subdivide or resubdivide any portion of the additional property in such a manner as he sees fit. Such additions may be made by the Declarant filing a Supplementary Declaration hereto in the Public Records of Alachua County and shall be effective on the date set forth in said Supplementary Declaration. Such Supplementary Declaration may contain such other covenants and conditions as may be promulgated by the Declarant to reflect any different characteristics or use of the additional property. Any property owner within any additional property shall be entitled to use common areas and facilities within the original Declaration and property owners within the original Declaration shall be entitled to use any additional common areas and facilities within the added property not otherwise limited by the Supplementary Declaration. In no event will any property owner be restricted from using common areas or facilities where any expense of such area and facility are paid for by the Association.

ARTICLE III

PROPERTY RIGHTS

Section 1. Every owner shall have a right and easement of enjoyment in and to the Common Areas and facilities which shall be appurtenant to and shall pass with the title to every lot including a perpetual non-exclusive easement for the benefit of each Owner and the lawful occupants of the Owner’s lot and their guests, inviters and domestic help, and for the benefit of delivery, pick-up and fire protection services, police and other authorities of the law, mail carriers, representatives of utilities authorized to serve Owner’s lot, and holders of mortgage liens on Owner’s lot for ingress and egress over and across those portions of the Common Areas designed to provide access to and from any lot and a dedicated road, subject to the following:

A. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the executive officer of the Association. After control of the Association is relinquished by the organizers of the Association, no such dedication or transfer can be effective unless an instrument agreeing to such dedication or transfer is signed by members of the Association holding at least 2/3 of the voting rights.

B. The right of the Association to take such steps as are reasonably necessary to protect and conserve the common areas; to adopt and enforce rules and regulations regarding the use of Common Areas and facilities (including suspension of enjoyment rights for recreational facilities and reasonable fees for use of common facilities where appropriate); and to suspend the enjoyment rights (except ingress and egress) of any member during the period of such members delinquency in payment of assessments pursuant to this Declaration.

ARTICLE IV

ASSOCIATION MEMBERSHIP AND VOTING RIGHTS

Section 1. Every owner of a lot herein subject to assessment as hereafter provided shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership.

Section 2. Voting rights in the Association shall be determined by the assessed value for tax purposes in any particular year at the rate at one Vote per $1,000.00 or portion thereof without regard to exceptions. Voting rights shall inure to the members as set forth in the By-laws of the Association.

ARTICLE V

ASSESSMENTS

Section 1.  Assessments shall be based upon the appraised value of each lot and/or all improvements thereon included in this Declaration (or hereafter included by Amendment) for ad valorem tax purposes as determined and amended from time to time by the Alachua County Property Appraiser without regard to exemptions. The rate of assessment shall be 3 mills per annum which rate shall not be increased without approval of two thirds of all members of the Association. All funds generated by the assessments shall be used exclusively for maintenance, upkeep, insurance, taxes, and operating expenses of the common areas including ordinary and reasonable administrative expenses and fees incident thereto, except that a small portion, the amount to be voted on yearly by the Association, will also be used for community relations and the Board of Directors may vote to use up to $2.000.00 per year (this maximum amount shall change annually in proportion to any annual changes in the “All items Consumer Price Index/Urban”, published in the Economic Report of the President) for capital improvements without a vote of the Association. Any surplus of funds shall be held by the Association as a reserve against depreciation of improvements in the common areas.

Section 2.  After voting rights have inured to all members of the Association, the annual assessment rate shall be determined by the Board of Directors of the Association and approved by the members at a meeting called pursuant to Section 6 of this Article.

Section 3.  Annual Assessments shall be payable in two equal installments, the first payable on July 1st of each year based upon the gross tax assessment effective as of January 1st of that year, and the second installment due the following January 1st.

Section 4.  The Assessment shall be the personal joint and several liability of each owner of each lot and shall also constitute a lien on each lot as of January 1st of each year until the assessment is paid in full. Such lien shall be subordinate to the lien of any first mortgage and the transfer of title pursuant to a mortgage foreclosure shall extinguish the lien for any delinquent assessment. In the event assessment installments are not paid on the due date they shall become delinquent and shall bear interest after thirty (30) days in default at the rate of 10% per annum for the full period of default. In the event any assessment or installment is placed in the hands of an attorney for collection, the person liable for payment agrees to pay all reasonable costs incurred in collection including attorneys fees.

Section 5.  In addition to the annual assessments, after voting rights have inured to all members of the Association, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the members’ voting rights who are voting in person or by proxy at a meeting duly called for this purpose.

Section 6.  Written notice of any meeting called for the purpose of taking any action authorized under Section 1 or 5 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of the members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 7.  Both annual and special assessments must be fixed at a uniform rate for all lots based upon assessed value for tax purposes without regard to exemptions.

ARTICLE VI

ARCHITECTURAL CONTROL AND RESTRICTIONS

Section 1. All and each of the following restrictive conditions and covenants shall continue in force from the date of this instrument until January 2000 A.D. After this date those covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners has been recorded, agreeing to change said covenants in whole or in part.  The covenants and any provision of this Declaration may be changed in whole or in part at any time by recording an instrument reflecting the change signed by at least 75% of the then owners and 75% of the members of the Board of Directors.

Section 2. Any construction commenced upon said property shall be completed within six (6) months from the date of the first delivery of any materials to the site of said construction.

Section 3.  No building shall be constructed on any on any lot which shall contain less than the amount of square footage of floor area, excluding unenclosed porches, garages and carports on any lot, as set out below:
Lots 1 through 43, inclusive, of Rock Creek, as per plat recorded in Plat Book “I”, Page 76. 1,000 square feet.
Lots 46 through 56, inclusive, of Rock Creek, as per plat recorded in Plat Book “I”, Page 76. 1,100 square feet.
Lots 1 through 108, inclusive, of Rock Creek Unit No. 2, as per plat recorded in Plat Book “J”, Page 88. 1,600 square feet.
Lots 1 through 13, inclusive, of Rock Creek Unit No. 3, as per plat recorded in Plat Book “K”, Page 5. 1,600 square feet.

Section 4. No mailbox or mailboxes shall be erected separately. All mailboxes shall be placed on common mailbox stands as provided. No paper or newspaper receptacles of any kind shall be erected or maintained either in street easements or within fifty (50) feet of street easements.

Section 5. Each lot shall be used as a single family residence only and no trade or business of any kind may be carried on therein or on any land in this subdivision. The use of a portion of a residence as an office by an Owner or his Tenant shall not be considered to be a violation of this covenant if such use does not create any additional traffic in the subdivision or otherwise create a nuisance, and such use must be in compliance with all applicable governmental rules and regulations.

Section 6. No land in this subdivision nor any building erected thereon shall be used or occupied injuriously to affect the use, occupation or value of the adjacent premises for residence purposes and the neighborhood wherein said premises are situated.

Section 7. All lots, tracts, or parcels of land in this subdivision shall be kept in a good state of repair, appearance, and the property to be kept correspondent with the better surrounding properties and no waste or damage to the premises shall go unrepaired. This shall apply both to the premises and improvements located thereon.

Section 8, No horse, cow, hog, goat or similar animal shall be kept or maintained on said property or any portion thereof, nor shall any chicken yards be maintained thereon.

Section 9. No camper, utility trailer, boat nor other recreational vehicle shall be parked or maintained on said property or any portion thereof unless storage is provided at the rear of the residence, the area is surrounded by a privacy fence, and no portion of the camper, utility trailer, boat or recreational vehicle is visible from the street nor to the side nor rear neighbors standing at ground or first floor level. Such camper, utility trailer, boat or recreational vehicle may also be kept in a completely enclosed garage. No truck over one half ton capacity, trailer other than utility trailer, bus, nor non operative vehicle shall be parked or maintained on said property nor any portion thereof unless in a completely enclosed garage.

Section 10. Installation of antennas, and DBS satellite dishes which do not exceed the size limitations required to be in compliance with FCC regulations, are allowed provided they meet the following requirements: the antenna must blend in with its background as much as possible; the antenna must be placed on the property where it is least visible from the street that still allows an acceptable quality signal; all safety restrictions required by the governing body having jurisdiction are complied with, including fire codes, electrical code requirements, and installation requirements. No other antenna installation is permitted.

Section 11. No repair work on automobiles or mechanical vehicles, or any other like work, shall be performed on said property or any portion thereof except in enclosed garage.

Section 12. The intent of the Rock Creek community is for all buildings and structures, including their design, location, materials, colors, etc., to blend and be compatible and harmonious with the community’s natural surroundings and environs. Therefore, no building or structure shall be erected, placed or altered on any building lot in this community until the building plans, specifications and plot plans showing the location of such building or structure have been approved in writing as to its conformity with the building setback requirements and as to its conformity, harmony and compatibility with the intent of the Rock Creek community by the Executive Officer of the Rock Creek Owners Association or his designate. In the event that no action is taken on said plans within thirty (30) days after submission, this requirement shall be deemed to have been complied with.  Children’s play equipment is allowed if it blends in with the environment as far as color and design and is placed in the side or back yard. Tree houses are allowed if they blend in with the environment as far as color and design and they do not infringe upon the neighbors’ right to privacy. Basketball hoops must blend in with the background as much as possible and be placed on the property where least visible from the street that still allows adequate playing area. All play equipment must be kept neat and well-maintained. Decorative landscape features such as water features, pergolas, arbors, gazebos, etc. are allowed upon approval of the RCOA Board of Directors.

Section 13. The construction of any lot, tract or parcel shall be in conformity with the setback restriction. as to any lot lines under the rules and regulations of the governing body having jurisdiction of same in which this property is located.

Section 14. Severability. Invalidation of any one of the covenants by judgment of court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

Section 15. All easements shown on the recorded plat may also be used for drainage purposes.

Section 16. No building or structure of any kind whatsoever other than a single family dwelling shall be erected on any lot. There shall be no garage apartments nor shall there be any detached garages or buildings constructed on any lot. Decorative landscape features such as water features, pergolas, arbors, gazebos, etc. are allowed upon approval of the RCOA Board of Directors.

Section 17. Owners, whether themselves or family members, guests, invitees, agents, employees, or pets of such owners, causing damage beyond the normal wear and tear of everyday use to any portion of the common area shall be directly liable to the Association. Owner shall repair the damage at Owner’s expense. In case of noncompliance, the Association will repair the damage and levy a fine against such Owner. Such fines shall be subject to all of the provisions hereof relating to other fines, including, but not limited to, the lien and foreclosure procedures.

Section 18. All absentee owners shall include a clause in any rental agreement stating that any renter/occupant will be given a copy of the Rock Creek Declaration of Covenants, Conditions and Restrictions and that by signing a lease the renter/occupant agrees to abide by these Covenants, Conditions and Restrictions including, but not limited to, maintaining the home and yard properly, parking of vehicles, pets, and use of facilities. In case of non-compliance by renter, owner will be held responsible.

ARTICLE VII

GENERAL PROVISIONS

Section 1. The Declarant, the Association, or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, and to recover damages including costs of enforcement and reasonable attorney fees. Failure to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 2. In be event the Association shall fail to pay taxes or assessments levied by an governmental authority on the Common Area or facilities before such taxes become delinquent, the governmental authority shall be entitled to a lien upon each lot on account thereof for the fractional share of said taxes or assessment due determined as follows: The numerator shall be the assessed value of the particular lot without regard to exemptions and the denominator shall be the gross assessed value of all lots within this Declaration not including common areas. This provision is for the benefit of the governmental authority levying such tax or assessment and shall in no way affect the responsibility of the Association to each owner to pay such taxes and assessments on common areas.

Section 3. In the event of Eminent Domain proceeding whereby an award is made or negotiated concerning Common Area or Facilities, such award shall be payable to the Association and used for the purpose of the Association. Any award for the taking of all or part of an individual parcel shall belong to the owner of such lot, his heirs or assigns.

Section 4. Nothing contained herein is intended or shall be construed as a dedication to public use or as an acceptance for maintenance of any Common Area or Facility by any governmental unit or utility.

Section 5. Any notice required to be sent to any member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when it is mailed by certified mail to the last known address of the person who appears as the Owner of the lot in question as of the time of such mailing.

Updated February 28, 2010