Declaration of Covenants, Conditions, and Restrictions of RiverWatch
ARTICLE I - DEFINITIONS
ARTICLE II - PROPERTY RIGHTS AND COMMON AREA
ARTICLE III - GENERAL USE RESTRICTIONS
ARTICLE IV - OPERATION, MAINTENANCE AND MONITORING OF DRAINAGE FACILITIES
ARTICLE V - THE ASSOCIATION
ARTICLE VI - ASSESSMENTS
ARTICLE VII - ARCHITECTURAL CONTROL
ARTICLE VIII - GENERAL PROVISIONS
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF RIVER WATCH
THIS DECLARATION, is made this 5th day of May, 1995, by WALTSONS, INC., (hereinafter referred to as
"Developer"), whose address is 4320 West Kennedy Boulevard, Tampa, Florida 33609.
W I T N E S S E T H:
WHEREAS, the Developer, is the owner of certain property in Pinellas County, Florida, ("Property"), more
particularly described as follows:
RIVER WATCH SUBDIVISION, as recorded in Plat Book 112, Pages 79-85 of the public records of
Pinellas County, Florida. WHEREAS, Developer is developing the Property into a residential community of
single family homes; and
WHEREAS, Developer intends and desires to develop the property in phases and Developer reserves the right to add
WHEREAS, Developer, intends and desires to impose certain covenants, restrictions, easements, conditions, and
liens upon the Property and the use thereof, as part of a common plan of development upon the Property, and to
protect its value and desirability;
NOW THEREFORE, the Developer, hereby declares that the real property described above shall be held, sold and
conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of, and which shall run with, said real property and be binding on all
parties having any right title or interest therein or any part thereof, their respective heirs, personal
representatives, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I - DEFINITIONS - Back to top
Unless the context expressly requires otherwise, the following terms mean as follows wherever used in this
Declaration, the Association's Articles of Incorporation ("Articles"), or the Association's By-Laws
Section 1. "Architectural Committee" shall mean the Architectural Committee, provided in
Article VII hereof.
Section 2. "Articles" means the Articles of Incorporation of the Association, as may be amended
from time to time.
Section 3. "Assessment" means the amount of money assessed against an Owner for the payment of
the Owner's share of common fees, expenses and any other funds which an Owner may be required to pay to the
Association as set out by this Declaration, the Articles or the By-Laws.
Section 4. "Association" means RIVER WATCH HOMEOWNER'S ASSOCIATION, INC., a corporation not for
profit organized or to be organized pursuant to Chapter 617, Florida Statutes, its successors and assigns.
Section 5. "Board" means the Association's Board of Directors.
Section 6. "Common Area" means all property whether improved or unimproved, or any interest
therein, which from time to time is owned by the Association for the common use and enjoyment of all Owners,
including private roadways shown on the plat and used for ingress and egress to and from individual Lots.
Section 7. "Declaration" shall mean and refer to this Declaration, together with any and all
supplements or amendments hereto, if any.
Section 8. "Developer" means Waltsons, Inc., and its successors and assigns are designated in
writing by the Developer as the successors and assigns of Developer's rights hereunder.
Section 9. "Dwelling" shall mean the residential dwelling constructed upon a Lot.
Section 10. "Lake Lot" means any Lot adjoining or containing real property which is part of a
Section 11. "River Lot" means any lot adjoining or adjacent to or containing property which is
part of the Anclote River.
Section 12. "Lot" means any platted parcel of land shown on the recorded subdivision map or
plat of the Property, as recorded in the Public Records of Pinellas County, Florida, with the exception of the
Common Area and portions, if any, of marked acreage.
Section 13. "Maintenance" means the exercise of reasonable care to keep buildings, homes,
roads, landscaping, lighting, stormwater utility systems and other related improvements and fixtures in a condition
comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further
mean the exercise of generally accepted garden-management practices necessary to promote a healthy weed-free
environment for optimum plant growth, and which will, as a minimum, include the mowing of all grass on a Lot and
maintain all and landscaped area weed free. Maintenance shall include the establishment of reserves for replacement
of capital elements of structures and other improvements.
Section 14. "Member" means every person or entity who holds membership in the Association.
Section 15. "Mortgage" means any mortgage, deed of trust, or other instrument transferring any
interest in a Lot as security for the performance of an obligation. "First Mortgage" means any mortgage
constituting a valid lien prior in dignity to all other mortgages encumbering the same property.
Section 16. "Mortgagee" means any person named as the obligee under any Mortgage, or the
successor in interest to such person.
Section 17. "Occupant" means the person or persons, other than the Owner in possession of a
Lot, and may, where the context so requires, include the Owner.
Section 18. "Owner" means the record owner, whether one or more persons, of the fee simple
title to any Lot, including contract sellers, but excluding any other person holding such fee simple title only as
security for the performance of an obligation. As the context may admit, Owner includes all persons (i) claiming
any right, title or interest in a Lot by, through, or under any Owner, or (ii) lawfully upon the Properties with
the consent of any Owner, express or implied, such as an Occupant.
Section 19. "Plat" means the final official plat as recorded and shall include the subdivided
real property therein described and such additions thereto as may be brought within the jurisdiction of the
Association as hereinafter provided.
Section 20. "Property" means the lands described as RIVER WATCH herein, including Lots and
Section 21. "Recorded" means filed for record in Pinellas County, Florida.
Section 22. "Structure" shall mean any thing or object, the placement of which upon any Lot may
affect the appearance of such lot, including by way of illustration and not limitation, any building or part
thereof, garage, porch, shed, greenhouse, bathhouse, coop or cage, covered or uncovered patio, swimming pool,
fence, curbing, paving, wall, sign, signboard, temporary or permanent living quarters (including any house
trailer), temporary or permanent improvement, excavation, grading, fill, ditch, diversion, dam, other thing or
device which affects the flow of waters, utility shed, detached shed or other activity.
Section 23. "Drainage Easement Maintenance Area" shall mean that portion of a Lot designated on
the plat as a drainage easement for storm water retention and that portion of any drainage easement that is not
part of a platted lot.
Section 24. "Right of Way Maintenance Area" shall mean that portion of any road right of way
that is not adjacent to a platted lot.
ARTICLE II - PROPERTY RIGHTS AND COMMON AREA - Back to top
Section 1. "Easements and Enjoyment". Each Owner has a non-exclusive right and easement of
enjoyment in and to the Common Area that is appurtenant to, and will pass with, the title to every Lot, subject to
(a) Fees. The Association's right to charge reasonable fees for the use, safety and maintenance
of any common facilities from time to time situated on the Common Area, Right of Way Maintenance Area, or Drainage
Easement Maintenance Area.
(b) Suspension. The Association's right: (i) to suspend the voting right of any Owner for any
period in which any assessment against such Owner's Lot remains unpaid; (ii) to suspend such Owner's right to use
any facility owned or controlled by the Association for the same period of unpaid assessments; and (iii) to suspend
any Owner's right to use any such facility for any infraction of the Association's valid rules and regulations for
a period not to exceed 60 days.
(c) Dedication. The Association's right to dedicate, transfer or mortgage all or any part of
the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as the
Association considers advisable. Any such dedication or transfer requires the approval of seventy-five percent
(75%) of the members. If ingress or egress to any residence is through the common area, any conveyance or
encumbrance of such area shall be subject to the Lot Owner's easement.
(d) Delegation of Use. Subject to such limitations as may be imposed by the By-Laws or
reasonable rules and regulations adopted by the Association, each Owner may delegate his right of enjoyment in and
to the Common Area and accompanying facilities, if any, to members o f his family, his guests, tenants and
(e) Rules and Regulations. The Association's right to adopt, alter, amend, rescind, and enforce
reasonable rules and regulations governing the use of the Common Area.
Section 2. Permanence. The benefit of all rights and easements granted by the Declaration
constitutes a permanent appurtenance to, and will pass with, the title to every Lot enjoying such benefit. Whenever
any such right or easement is described as non-exclusive, its benefit, nevertheless, is exclusive to all Lots
granted such benefit by this Declaration unless this Declaration expressly grants such benefit to additional
persons. In no event does the benefit of any such easement extend to the general public except as provided in the
next Section. The burden of all rights and easements granted by this Declaration constitutes a permanent servitude
upon the lands affected for at least 25 years with automatic renewal periods thereafter.
Section 3. Public Easements. Developer dedicates that portion of the Properties described on
the recorded plat and made part hereof for the use and maintenance of public utility and drainage easements,
together with a right of ingress and egress over and across the easement area for such purposes. Developer
dedicates the Common Area for use by all utilities for construction and maintenance of their respective facilities
serving the Properties;and Developer grants to such utilities jointly and severally, easements for such purposes.
Easements for drainage and/or for installation and maintenance utilities are reserved as shown on the recorded
plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which
may damage or interfere with the installation and maintenance of utilities or drainage structures or which may
impede the flow of water through drainage channels in the easements. The easement area of each lot and all
improvements in it shall be maintained continuously by the owner of the Lot, except for those improvements for
which a public authority or utilities company is responsible or which are common areas or drainage easement
maintenance areas or right of way maintenance area.
Section 4. No Partition. There shall be no judicial partition of the Common Area, nor shall
Developer, or any Owner, or any person acquiring any interest in the Properties or any part thereof, seek judicial
partition thereof, However, nothing contained herein shall be construed to prevent judicial partition of any Lot
owned in co-tenancy.
Section 5. General Restrictions. Except with the Association's prior written consent or in
accordance with the Association's rules and regulations:
(a) Obstructions. There will be no obstruction of the Common Area, nor will anything be kept or
stored on the Common Area except items installed by Developer as part of the Work, and their replacement.
(b) Alterations. Nothing will be altered on, constructed upon, or removed from the Common Area
except with the specific approval of the Association's Board of Directors.
(c) Activities. All uses and activities upon or about the Common Area are subject to the
Association's rules and regulations.
Section 6. Any walls and attendant landscaping constructed by the Developer as part of the
subdivision improvements or otherwise, shall be kept and maintained by the Association in condition and appearance
as constructed by the Developer.
Section 7. Private Streets, Parking Areas and Drainage Improvements. Any private streets that
may be constructed or created by the Developer as part of the subdivision improvements or otherwise, shall be
maintained by the Association in the same condition and appearance as construed or created. The Association shall
establish reserves for the replacement of paving and other capital elements or improvements. The association shall
maintain that portion of the storm water collection system, which includes the stormwater retention ponds, outfall
structures, littoral zones and underdrains in the same condition as when constructed.
Section 8. Purposely Deleted.
Section 9. Access Easement. Developer hereby grants to each Owner, their guests, invitees,
residents, and visitors, and emergency personnel and agencies, utilities providers, guests and invitees of the
Association, representatives of any Master Association, and reserves to itself, its employees, agents, contractors,
and invitees, a perpetual and non-exclusive easement over the Common Areas constructed as streets and roadways, for
the purpose of ingress and egress to any area of the Property.
Section 10. Conservation Easement. The association shall assume maintenance responsibility for
the Conservation Easement as shown on the plat of the subdivision, and as outlined in the subdivision site plan
Section 11. Lawn Maintenance. The Association shall maintain all common areas and drainage
easement maintenance area. The Association shall not maintain that portion of the Lake Lot adjacent to a drainage
easement area from the property line to the waters edge. Developer hereby grants to the Association, its employees,
officers, contractors and agents an easement over all the Property for the purpose of access and the performance of
such lawn maintenance, including mowing, weeding, application of fertilizer and other chemical treatment, and
access. The cost of such service shall be included in the assessment provided for hereunder.
ARTICLE III - GENERAL USE RESTRICTIONS - Back to top
Section 1. Use of Lots. Each Lot may be improved and used for residential purposes only and
only single family detached homes, approved in accordance with Article VII may be constructed thereon. No trade,
business, or profession of any kind, or any activity other than that of single family residence may be conducted on
any Lot and no billboards or advertising signs shall be erected or displayed thereon, except for the business of
the Developer and its transferees in developing the Properties and advertising signs in furtherance thereof. No
building or other improvements on a Lot shall be rented or leased separately from the rental or lease of the entire
Lot, and no part of any dwelling may be used for the purpose of renting rooms or for transient accommodations. No
duplex, garage apartment, or apartment house shall be erected, converted, or allowed to remain on any Lot. Any home
on a lot that is leased shall be leased for a minimum term of twelve (12) months.
Section 2. View Obstructions. The Association or the Developer shall have the right, but not
the obligation, to remove, relocate, or require the removal or relocation of any fence, wall, berm, hedge, shrub,
tree or other thing, natural or artificial, placed or located on any Lot if the location of the same will, in the
sole and exclusive judgment of the Association obstruct the vision of a motorist upon any road within the
Section 3. Dwellings. Only one dwelling may be constructed on any Lot. The minimum square
footage of each dwelling shall be 1500 square feet of air conditioned living space for a one story dwelling and
1800 square feet of air conditioned living space for a dwelling of more than one story, with each dwelling
containing a garage which has a capacity of at least 2 automobiles. of similar architectural style as the main
dwelling otherwise approved by Developer.
Section 4. Screening. Except for regular collection and disposal, no receptacles for rubbish,
trash, garbage or other waste material or accumulations, or mechanical or other equipment, may be kept, stored,
erected or permitted anywhere within the Properties, except inside the improvements on each Lot, or completely
concealed from view by a fence, wall, or landscaping.
Section 5. No structure, trailer, manufactured home, manufactured building, mobile home, tent,
shack, garage, barn or other outbuilding or any portion of the same, or any structure of any kind which extends
more than three feet above the surface of the ground and which is detached from the dwelling, shall be constructed
or parked on any Lot at any time. A temporary construction trailer, security trailer, temporary structure or
temporary toilet is permitted during construction of a dwelling.
Section 6. Building Restriction Lines. Any dwelling placed on a Lot shall be in accordance with
the front yard, side yard and rear yard setback requirements set forth in the Tarpon Springs Zoning Regulations. No
variances will be permitted without the written permission of the Architectural Committee, in addition to any City
of Tarpon Springs zoning regulation requirements.
Section 7. Vehicular Parking. No motorized or unmotorized wheeled vehicles, trucks, trailers,
boats or recreational vehicles of any kind may be kept or parked on any Lot, unless completely inside a garage
attached to the main residence and screened from view from outside the Lot, except that private automobiles of the
occupants, bearing no commercial signs, may be parked in the driveway or parking area, on the Lot. Private
automobiles of guests of the occupants may also be parked in such driveway or parking area. Further, other vehicles
may be parked in such driveway or parking area during such times necessary for service or maintenance of the
dwelling or Lot or pick up and delivery service, provided that permission for such parking is granted by the Lot
owner solely for the purpose of such service. No inoperative vehicles shall be parked, repaired or maintained
anywhere on the Property. No parking is permitted on the common areas, including streets, except in areas
specifically designated by the Association's Board of Directors for parking. No vehicles bearing commercial signs
or intended for commercial use may be parked in the driveway or parking areas on the lot or on the roadways within
Section 8. Lot Plates A plate showing the street number of the Lot shall be placed on each
improved Lot, and, at the option of the Owner, a nameplate showing the name of the Owner may also be placed on such
improved Lot. The size, location, design, style and type of material for each plate shall first be subject to
approval by the Architectural Committee.
Section 9. Window Air Conditioners and Fans, Solar Devices. Unless the prior written approval
of the Architectural Committee has been obtained, no window air conditioning units, window fans, exhaust fans, or
solar heating devices shall be installed in any side or roof of a dwelling which faces a street, Common Area, or
Section 10. Construction. Within eight months after the date of recording the deed from
Developer or its assigns, the Owner of any Lot sold without a dwelling shall commence actual construction of a
residence thereon, with said residence to be designed and constructed in accordance with the declaration.
When the construction of any building is once begun, work thereon shall be prosecuted diligently and
continuously until the full completion thereof. The main residence and all related structures shown on the plans
and specifications approved by the Architectural Committee must be completed in accordance with such plans and
specifications within nine (9) months after the start of the first construction upon each Lot unless such
completion is rendered impossible as a direct result of strikes, fires, national emergencies, or natural
calamities. Prior to completion of construction, the Owner shall install at his expense a suitable concrete paved
driveway from the paved portion of the abutting street to the garage. During construction on any Lot, all vehicles
involved in such construction, including those delivering materials and supplies, shall enter upon such Lot from
the street only, and such vehicles shall not be parked at any time on the street or upon any place in the Property
other than the Lot on which the construction is proceeding. Developer or its assigns shall have the right to allow
vehicles to park on the street or other Lots during construction.
Section 11. Prohibitions Prior to Construction. No picnic areas and no detached outbuildings or
structures of any kind shall be erected or permitted to remain on any Lot prior to the start of construction of a
permanent residence thereon. This includes storage of construction materials and debris.
Section 12. No trailer, basement, garage, or any outbuildings of any kind shall at any time be
used as a residence, either temporarily or permanently.
Section 13. Signs. No signs of any type shall be erected on any Lot or displayed to the public
on any Lot except a professional or real estate sign as described below. A professional sign shall contain only the
name, address, phone number and occupation of a resident of the Lot, and shall be no more than one square foot in
size. A real estate sign shall contain only the notation "for sale", "for rent", or "for lease", the telephone
number, and the name of the agent and/or real estate broker or "by owner", as applicable, and shall not be more
than four square feet in area. No other signs may be erected or maintained on any Lot and no sign may be erected or
maintained on any Lot which contains any language, drawing or any material other than the words noted above. This
restriction shall not apply to signs used by the Developer at the entrance of the subdivision to identify and
advertise the subdivision as a whole, nor to signs to advertise Lots and/or houses by Developer or other licensed
builders engaged in the business of construction and sale of houses, during the construction and development period
and provided such signs are approved by the Architectural Committee. All signs permitted by this subsection are
subject to the Association's rules and regulations and the approval of the Architectural Committee, provided
however that these restrictions shall not apply to signs used by developer or his assigns to advertise the property
during the promotion and construction of dwellings and sale of Lots. Developer or the Association may enter upon
any Lot and summarily remove and destroy any signs which do not meet the provisions of this section, and are hereby
granted an easement for this purpose.
Section 14. Aerials. No exterior radio or television mast, tower, pole, wire, aerial, antenna,
dish or appurtenances thereto, nor any other exterior electronic or electric equipment, structures, devices, wires,
or guy wires of any kind shall be installed or maintained on the exterior of any structure located on a Lot or on
any other portion of a Lot, unless approved by the Architectural Committee. No satellite dish or antennas of any
kind shall be permitted.
Section 15. Electrical Interference. No electrical machinery, devices or apparatus of any sort
shall be used or maintained in any structure located on a Lot which causes interference with the television or
radio reception in any structures located on other Lots.
Section 16. Animals. No animals, livestock, or poultry may be raised, bred or kept anywhere
within the Properties, except that dogs, cats and other customary household pets, limited to not more than two (2)
dogs or two (2) cats, or two (2) birds may be kept upon any Lot so long as they are not kept, bred or maintained
for any commercial purpose. Each Owner shall have the responsibility to clean up the waste produced by his or her
pet immediately, and all pets shall be properly leashed, caged, or controlled in whatever manner is most practical
whether it is located upon or off a Lot, and shall be subject to all applicable local ordinances existing at the
The keeping of a dog or other pet on the Property is not a right of an Owner, but is a conditional license. This
conditional license is subject to termination at any time by the Association upon finding that a dog or other pet
is vicious, is annoying to other residents, or has in any way become a nuisance. The owner of a pet assumes
liability for all damage to persons or property caused by the pet or resulting from its presence on the Property. A
dog must be kept on a leash at all times when outside.
Section 17. Nuisances. No illegal, noxious, or offensive activity shall be permitted or carried
out on any part of the Property, nor shall anything be permitted or done thereon which is or may become a nuisance
or a source of embarrassment, discomfort or annoyance to the neighborhood. No trash, garbage, rubbish, debris,
waste material, or other refuse shall be deposited or allowed to accumulate or remain on any part of the Property,
nor upon any lands contiguous thereto. No fires for the burning of trash, leaves, clippings, or other debris or
refuse shall be permitted on any part of the Property, except by the Developer. No Owner shall permit any use of
his Lot or make any use of the Common Areas or streets within the Subdivision that will increase the cost of
insurance upon the Property above the cost when the Property is used for approved purposes, or that will cause any
such insurance to be canceled or threatened for cancellation, except with the prior written consent of the
Association. No bicycles, tricycles, scooters, wagons, carriages, shopping carts, chairs, benches, tables, toys, or
other such items shall be parked or permitted to stand for any period of time on the streets or Common Areas,
except in accordance with the Rules and Regulations.
Section 18. Trees and Surface Conditions. No Owner shall plant or place any shrubbery, hedges,
trees or other plantings on any part of the Property lying outside of the Owner's Lot. No living tree having a
diameter greater than six (6) inches measured at a height of four (4) feet above ground level, may be cut on any of
the Property without first obtaining the written consent of the Architectural Committee and appropriate
governmental authority. No said, topsoil, or shrubbery shall be removed from the Property, no change in elevations
shall be made, and no change in the condition of the soil or the level of the land shall be made which may result
in any permanent change in the flow and drainage of surface water which is not approved by the Architectural
Section 19. Maintenance. Each Owner must repair, replace and maintain the roofs, gutters, down
spouts, lawns, shrubs, landscaping, walks, fencing, exterior building surfaces, windows, doors, trim members,
driveways, and other exterior improvements and attachments from time to time situated on such owner's Lot. Each
Owner is required to sod and landscape his lot as appropriate. Each Owner's duty of maintenance includes any and
all easement areas upon such Owner's Lot except Common Areas, Drainage Easement Maintenance Areas. No Owner may
permit any waste to the exterior portions of such Owner's Lot. Each Owner must make all repairs, maintenance and
replacements necessary to attachments and appurtenant driveways, if any, in a safe, sanitary and reasonably
attractive condition. Should an Owner fail to meet the minimum standards for maintenance, then the Association may
perform or have performed the necessary required maintenance and thereafter specifically assess such Owner for such
costs pursuant to Article V, Section 4. hereunder.
Section 20. Rules and Regulations. The Association may adopt reasonable rules and regulations
concerning the appearance and use of the Property, including both Lots and the Common Area, and may be amended from
time to time by the association in the manner provided by the Articles and By-Laws. The Association shall provide
copies of the regulations and amendments thereto to all Owners and residents. The Rules and Regulations shall be
binding on all Owners and residents after such copies are furnished. No Owner, invitee, or person residing within
the Properties may violate the Association's rules and regulations for the use of the Properties. All Owners and
other persons residing within the Properties, and their invitees, at all times will do all things reasonably
necessary to comply with such rules and regulations. The Association may impose reasonable monetary fines and other
sanctions for violations of the rules which may be collected by Liens and foreclosure as provided herein. Wherever
any provision of this Declaration restricts or prohibits any activity, condition or structure within the Properties
except as permitted by the Association's rules and regulations, such restriction or prohibition is self-executing
until the Association promulgates rules and regulations expressly permitting such activities. Without limitation,
any rules or regulation will be deemed "promulgated" when mailed to all Owners at the address shown on the
Association's books or when posted at a conspicuous place on the Properties from time to time designated by the
Association for such purpose. All rules and regulations may be initially promulgated by the Board, subject to
amendment or recession by a majority of both classes of membership present and entitled to vote at any regular or
special meeting of members. The Association's procedures for enforcing its rules and regulations shall provide the
affected Owner with reasonable prior notice and a reasonable opportunity to be heard, in person and through
representatives of the Owner's choice.
Section 21. Mining, No Oil or natural gas drilling, refining, quarrying or mining operations of
any kind shall be permitted upon any Lot, and no derrick or other structure designed for use in boring for oil or
natural gas shall be erected, maintained or permitted on any Lot.
Section 22. Activities of Developer. Notwithstanding any other provision of the Declaration,
until the Developer has completed all subdivision improvements and the sale of all Lots, neither the Association
nor any Owner shall interfere with the completion of sales of the Lots. Developer may make such use of the unsold
Lots as may facilitate sales, including maintenance of a sale office, showing of Lots and the display of signs.
Section 23. Use and Protection of River Lots and Lake Lots. Each lot bordering on the Anclote
River ("River Lot") and a Lake ("Lake Lot") shall be used for the exclusive use and benefit of the Owner thereof
subject, however, to the limitations, restrictions and reservations stated herein:
The Developer and his assigns reserves as part of the common area, an easement for access, ingress and egress
over and on each River Lot or Lake Lot with said easement also being for the purpose of enforcing without
limitation the rights, reservations and restrictions set forth herein.
The Association, or its duly authorized agents, shall have the right, but not the obligation, at any time, from
time to time, without any liability to the Owner to trespass or otherwise, to enter upon any River Lot or Lake Lot
for the purpose: (1) of maintaining the River Area or Lake Area; (2) of removing any improvement constructed or
maintained upon the River Lot or Lake Lot in violation of the provisions hereof; (3) of restoring such River Lot or
Lake Lot as authorized; and (4) of otherwise enforcing, without limitation all of the restrictions as set forth as
part of this Declaration.
The responsibility for repair and general maintenance of the River areas and Lake areas is that of those River
Lot Owners and Lake Lot Owners whose Lots abut the River or Lake. All Owners of River Lots and Lake Lots shall be
responsible for lawn maintenance to the water's edge regardless of the location of the property line, such
maintenance to include mowing, weeding and keeping such grassy areas in a neat, trim and sightly condition. If a
River Lot Owner or Lake Lot Owner fails to maintain for any reason whatsoever the River or Lake area as required
herein, the Association shall have the authority, after reasonable notice to the River Lot Owner or Lake Lot Owner
affected, to enter upon any River Lot or Lake Lot for the purpose of enforcing any and all of the provisions called
for herein, or for the purpose of maintaining and repairing any such area as required. The Association may assess
such River Lot Owner or Lake Lot Owner for such cost of repairs or maintenance as stated herein as a Specific
Assessment. The Association shall also have the power and authority from time to time, in its own name, on its own
behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to
restrain and enjoin any breach of threatened breach of this Declaration and to enforce by mandatory injunction or
otherwise all of the provisions of this Declaration.
No Owner shall construct or maintain any improvements upon a River Lot or Lake Lot which would, in the judgment
of the Association, detrimentally affect the normal water level of the River Area or Lake Area. No fences, docks or
structures of any kind may be constructed on any River Lot or Lake Lot unless prior written approval of the
Architectural Committee is given. No owner may fill the River or Lake areas, draw water from the River or Lake nor
place solid material or liquids in the River or Lake.
Neither the Developer nor the Association shall be responsible for control over the level of water in the River
or Lake. Nor shall Developer or the Association be liable for damages in any way for an increase or decrease to the
water level of the River or Lake. Each Owner agrees that he will not bring any action or suit against Developer or
Association to recover for any damage caused by an increase or reduction in the water level of the River or
No pier, dock, bulkhead or other structure of any kind shall be erected, placed, or permitted to remain on, in
adjacent to, bordering on, or over any portion of said River or Lake, unless prior written approval of the
Architectural Committee is given and necessary approval from the appropriate governmental authorities is received.
No Lot may be increased in size by filling in the River or Lake and no Lot may be dug out or dredged so as to cause
the water of the River or Lake to protrude into the lot.
The Association may adopt Rules and Regulations governing or restricting use of the River and Lakes within RIVER
Section 24. Fences. Fences shall be permitted only as designated in guidelines adopted by the
Architectural Committee. The Architectural Committee created pursuant to Article VII hereof shall adopt uniform
standards for the design and placement of fences, which standards shall not be limited to those specified in
Article VII, but shall be compatible with the community as a whole. All fences shall comply with County regulations
and be subject to review by the Architectural Committee as provided in Section VII.
Section 25. Replacement. In the event a residence is damaged or destroyed by casualty, hazard
or other loss, then within twelve (12) months after such incident, the Owner thereof shall either rebuild or repair
the damaged residence or promptly clear the damaged improvements and regrass and landscape the Lot in a sightly
Section 26. Utility Lines. All telephone, electric, cable television, and other utilities lines
and connections between the main or primary utility lines and the dwelling located on a Lot shall be located
underground and concealed from view. The Owner of a Lot shall be responsible for all maintenance, operation,
safety, repair and replacement of the entire secondary underground utility system from the applicable transformer
or supply to the residence or dwelling.
Section 27. Mailboxes. No mailbox or paper box shall be erected or installed unless approved
for design and location by the Architectural Committee.
Section 28. Wells. No wells may be drilled or maintained on any Lot without the prior written
approval of the Architectural Committee, which may impose individual conditions on such operation in addition to
those imposed by government.
Section 29. Basketball Hoops. No basketball hoops, backboards, or pole structures may be
erected in any front yard, or side yard of a corner lot, or on the front or side of any dwelling.
Section 30. Clotheslines. No clothesline or devices or the air-drying of clothing may be
constructed in any location on a lot which is visible from any street.
Section 31. Window Treatment and Shading. All windows visible from any street shall have white
window treatment, whether consisting of curtains, blinds, shades, or other coverings.
Section 32. Swimming Pools. No above ground swimming pools shall be constructed on a lot. A
screen enclosure or fence must be used to enclose an in-ground pool. Pool and enclosure construction are subject to
review by the Architectural Committee pursuant to the terms of Article VII.
ARTICLE IV - OPERATION, MAINTENANCE AND MONITORING OF DRAINAGE FACILITIES -
Back to top
Section 1. The Association shall maintain, as part of the common elements, drainage structures
for the properties and comply with conditions of the permits from the Southwest Florida Water Management District
("District") for the drainage system, and the dredge and fill permit from the Department of Environmental
Protection. The Association shall, when requested by Developer, accept transfer of the such permits and assume the
responsibility of the Developer as it relates to such permits. The Conditions of the permits may include monitoring
and record keeping schedules, and maintenance.
Section 2. Water quality data for the water discharged from the permittee's property or into
the surface waters of the state shall be submitted to the District as required. Parameters to be monitored may
include those listed in Chapter 17-3 of the Florida Administrative Code. Analyses shall be performed according to
procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by
American Public Health Association of Methods for Chemical Analyses of Water and Wastes by the U. S. Environmental
Protection Agency. If water quality data are required, the permittee shall provide data as required on volume of
water discharged, including total volume discharged during the days of sampling and total monthly discharge from
the Property or into surface waters of the State.
Section 3. The Association agrees to operate and maintain the stormwater system, and shall
maintain sufficient ownership so that it has control over all water management facilities authorized.
Section 4. The Association shall hold and save the District harmless from any and all damages,
claims, or liabilities which may arise by reason of the operation, maintenance or use of any facility authorized by
Section 5. The Association shall at all times properly operate and maintain the systems of
treatment and control (and related appurtenances) that are installed or used to achieve compliance with conditions
of the permit, as required by the District. This provision includes the operation of backup or auxiliary facilities
or similar systems when necessary to achieve compliance with the conditions of the permit and when required by
Section 6. The Association, specifically agrees to allow authorized District personnel, upon
presentation of credentials or other documents as may be required by law, access to the premises, at reasonable
time, when the permitted activity is located or conducted; for the purposes of inspection and testing to determine
compliance with this permit and District regulations, such as:
(a) Having access to and copying any records that must be kept under the conditions of the
(b) Inspecting the facility, equipment, practices, or operations regulated or required under
(c) Sampling or monitoring any substances or parameters at any location reasonably necessary to
assure compliance with the permit or District rules; and
(d) Gathering of data and information. Reasonable time may depend on the nature of the concern
Section 7. It shall be the responsibility of each property owner with the subdivision at the
time of construction of a building, residence, or structure, to comply with the construction plans for the surface
water management system pursuant to Chapter 40D-4, F.A.C., approved and on file with the Southwest Florida Water
Management District ("SWFWMD").
Section 8. It is the lot owner's responsibility not to remove native vegetation (including
cattails) that become established with the wet detention ponds abutting their property. Removal includes dredging,
the application of herbicide, and cutting. Lot owners should address any question regarding authorized activities
within the wet detention pond(s) to SWFWMD, Surface Water Permitting Department.
Section 9. No owner of property within the subdivision may construct any building, residence,
or structure, or undertake or perform any activity in the wetlands, buffer areas, and upland conservation area
described in the approved permit and recorded plat of the subdivision, unless prior approval is received from
SWFWMD pursuant to Chapter 40D-4.
Section 10. Any amendment of these documents which would affect the surface water management
system, including the water management portions of the common areas must have the prior approval of the Southwest
Florida Water Management District.
ARTICLE V - THE ASSOCIATION - Back to top
Section 1. Membership. Every Owner of a Lot is a Member of the Association. If title to a Lot
is held by more than one person, each such person is a Member. An Owner of more than one Lot is entitled to one
membership for each Lot owned. Each membership is appurtenant to the Lot upon which it is based and it is
transferred automatically by conveyance of title to that Lot and may not be separated from ownership of a Lot. No
person except an Owner may be a Member of the Association, and a membership in the Association may not be
transferred except by transfer of title to a Lot. An Owner who is a contract seller may assign such Owner's
membership and voting rights to such Owner's vendee in possession.
Section 2. Voting. The Association shall have two classes of voting membership.
Class A. The Class A members shall be all Owners, with the exception of Developer, and shall be
entitled to one vote for each Lot owned. When more than one person holds an interest in each Lot owned, all such
persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more
than one vote be cast with respect to any Lot.
Class B. The Class B members shall be the Developer, who shall be entitled to three (3) votes
for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of
one of the following events, whichever occurs earlier:
(1) when the total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership; or
(2) on the anniversary date ten years from the date when the first Lot is conveyed to a Class A
Section 3. Common Area. Subject to the rights of Owners set forth in this Declaration, the
Association has exclusive management and control of the Common Area, its improvements if any, and all related
furnishings, equipment, fencing and other personal property, if any. The Association's duties with respect to the
Common Area include the management and operation of, improvements, equipment and personal property installed by the
Developer on the Common Area, so as to keep all of the foregoing in good, clean substantial, attractive, sanitary
and serviceable condition, order and repair; the payment of all taxes validly levied, assessed or imposed with
respect to the Common Area; and the maintenance of adequate public liability and property insurance with respect to
the Common Area.
Section 4. Exterior Maintenance. The Association has no duty of exterior maintenance with
respect to any Lot; and each Owner must maintain such Owner's Lot, including any appurtenant driveways, in a safe
sanitary and reasonably attractive condition. If:
(a) Any Owner refuses or fails to make any repairs, maintenance, or replacements required;
(b) As a result, any condition on or adjoining such Owner's Lot becomes a hazard or nuisance to
any other Owner, or diminishes or impairs the value or marketability of any other Lot, or is visually objectionable
to persons lawfully upon the Properties; and
(c) At lease seventy-five percent (75%) of the members of the Board find that the Owner was
provided reasonable notice of the failure of repair, maintenance or replacement and the Board's consideration
thereof, and was given an opportunity to be heard by the Board;
then, upon the occurrence of all of the foregoing, the Association may make or perform such repairs,
maintenance, or replacements as reasonably are necessary to correct such condition and assess all costs so incurred
against such Owner's Lot as Provided in Article VI, Section 4, below.
Section 5. Access By The Association. The Association has a right of entry onto the exterior
portions of each Lot to the extent reasonably necessary to discharge its duties of exterior maintenance, if any, or
for any other purpose reasonably related to the Association's performance of any duty imposed, or exercise of any
right granted by this Declaration or by any applicable Supplemental or Amended Declaration. Such right of entry
shall be exercised in a peaceful and reasonable manner at reasonable times and upon reasonable notice whenever
circumstances permit. Entry into any improvement upon any Lot shall not be made without the consent of its Owner or
occupant for any purpose, except pursuant to Court order or other authority granted by Law. No Owner shall withhold
consent arbitrarily to entry by the Association for the purpose of discharging any duty or right of exterior
maintenance if such entry is upon reasonable notice, at a reasonable time, and in a peaceful and reasonable manner.
The Association's right of entry may be exercised by its agents, employees and contractors.
Section 6. Services. The Association may obtain and pay for the services of any person to
manage its affairs to the extent the Board deems advisable, as well as such other personnel as the Board determines
are necessary or desirable for the proper operation of the Properties, whether such personnel are furnished or
employed directly by the Association or by any person with whom it contracts. Without limitation, the Board may
obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the
Properties or the enforcement of this Declaration, or the Articles, By-Laws, rules and regulations.
Section 7. Rules and Regulations. As provided in the By-Laws, the Association, from time to
time may adopt, alter, amend, rescind and enforce reasonable rules and regulations governing the use of the
Properties, consistent with the rights and duties established by this Declaration. The Association's procedures for
enforcing its rules and regulations at all times must provide the affected Owner with reasonable prior notice and a
reasonable opportunity to be heard, in person, or through representatives of such Owner's choosing or both.
Section 8. Capital Improvements. Except for replacement or repair of items installed by
Developer, if any, and except for any personal property related to the Common Area, the Association may not
authorize capital improvements to the Common Area without the prior approval of seventy-five (75%) of the
Association Members present and voting in person or by proxy at a meeting duly convened for such purposes as
provided in Article VI, Section 3, below.
Section 9. Amplification. The provisions of this Declaration may be amplified by the Articles
of Incorporation and By-Laws of RIVER WATCH Homeowner's Association, Inc., but no such amplification shall alter or
amend substantially any of the rights or obligations of the Owners set forth in the Declaration, or any
Supplemental Declaration. The Developer intends that the provisions of this Declaration and any Supplemental or
Amended Declaration, on the one hand, and the Articles of Incorporation and By-Laws on the other hand, be
interpreted, construed and applied to avoid inconsistencies or conflicting results. If such conflict necessarily
results, however, Developer intends that the Provisions of this Declaration, or any Supplemental or Amended
Declaration, control anything to the contrary in the Articles of Incorporation or By-Laws.
ARTICLE VI - ASSESSMENTS - Back to top
Section 1. Assessments Established. For each Lot owned within the Properties, Developer
covenants, and each Owner of any Lot by acceptance of a deed thereto, whether or not it is so expressed in Such
Deed, is deemed to covenant and agree, to pay to the Association:
(a) An annual assessment, as provided in Section 2 of this Article; and
(b) Special assessments, as provided in Section 3 of this Article; and
(c) Specific assessments; as provided in Section 4 of this Article; and
(d) All excise taxes, if any, that from time to time may be imposed by law upon all or any
portion of the assessments established by this Article; and
(e) Interest and costs of collection of such assessments, including reasonable attorney's fees,
as provided in this Declaration; and
All of the foregoing are a continuing charge on the land and secured by a continuing lien upon the Lot against
which each assessment is made, as provided in Section 7, below. Each such assessment, together with excise taxes,
interest and all costs and expenses of collection, including reasonable attorney's fees, also is the personal
obligation of the person who was the Owner of such Lot when such assessment fell due. Such personal obligation will
not pass to an Owner's successors in title unless assumed expressly in writing.
The annual or special assessments on Class B lot(s) shall be 50% of the corresponding assessments for Class A
Lots. As an alternative in lieu of such assessments, Developer may pay the excess expenses of the Association,
including reserves, which exceed the amounts collected by Class A lot assessments, as long as Class A assessments
do not exceed $100.00 per month.
Section 2. Annual Assessment. The annual assessment must be used exclusively to promote the
recreation, health, safety and welfare of the residents within the Properties including (i) the operation,
management, maintenance, repair, servicing, renewal, replacement and improvements of the Common Area and the
establishment of reserve accounts therefor for the repaving of streets and other capital replacements; and (ii) the
cost of labor, equipment, materials, management and, supervision of the Common Area; and (iii) all other general
activities and expenses of the Association.
Section 3. Special Assessments. In addition to the annual assessment, the Association may levy
a special assessment for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, renewal, repair or replacement of a capital improvement upon the Common Area, provided such
assessment first is approved by seventy-five percent (75%) of the members present and voting in person or by proxy
at a meeting duly convened for such purpose. Any special assessment may be payable in one or more installments,
with or without interest, as seventy-five (75%) of the Members so present and voting determine.
Section 4. Specific Assessments. Any and all accrued, liquidated indebtedness of any Owner to
the Association, including fines, arising under the provision of this Declaration, or by contract expressed or
implied, or because of any act or omission of any Owner or person for whom such Owner is responsible, also may be
assessed by the Association against such Owner's Lot after such Owner fails to pay it within thirty (30) days after
Section 5. Amount. Until the close of the first fiscal year following Developer's conveyance of
the Common Area to the Association, the annual assessment will not exceed $1,000.00 per Lot. At least thirty, (30)
days before the expiration of each fiscal year, the Board will prepare and distribute to each Owner a proposed
budget for the Association's operations during the next ensuing fiscal year. If such budget requires an annual
assessment of 115% or less of the annual assessment then in effect, the assessment so proposed will take effect at
the commencement of the next ensuring fiscal year without further notice to any Owner. If such budget requires an
annual assessment that is either more than one hundred fifteen percent (115%) of the annual assessment then in
effect, or would increase the budget by an amount exceeding the increase in the Consumer Price Index (CPA"
published by the U. S. Department of Labor for the preceding year, or a comparable index if the CPI is not
available, whichever increase if greater, then however, the Board must call a membership meeting on not less than
fifteen (15) days prior notice for the purpose of approving such increase. A majority of the votes, pursuant to
Article V, Section 2, of those Members present and voting is sufficient for such approval, and the assessment
approved will take effect at the commencement of the next ensuing fiscal year without further notice to any Owner.
If the proposed assessment is disapproved, a majority of the votes will determine the annual assessment for the
next ensuing fiscal year, which may be in any amount not exceeding that stated in the meeting notice. Each annual
assessment may be payable in such number of installments, with or without interest, as the Board determines. In the
absence of any action by the Board or the membership to the contrary prior to the commencement of any fiscal year,
the annual assessment then in effect automatically will continue for the ensuing year.
Section 6. Commencement. The assessments provided by this Article will commence as to all Lots
on the first day of the first month following Developer's first conveyance of title to any Lot to a Class A Member
and will be prorated on the basis of the number of months then remaining in the Association's fiscal year.
Section 7. Assessment Lien. All sums assessed to any Lot, together with interest and all costs
and expenses of collection, including reasonable attorneys' fees, are secured by a continuing lien on such Lot in
favor of the Association. Such lien is subject and inferior to the lien for all sums secured by any First Mortgage
encumbering such Lot; but all other lienors acquiring liens on any Lot after this Declaration is recorded are
deemed to consent that such liens are inferior to the lien established by this Declaration, whether or not such
consent is set forth in the instrument creating such lien. The recordation of this Declaration constitutes
constructive notice to all subsequent purchasers and creditors, or either, of the existence of the Association's
lien and its priority. The Association may, but is not required to, from time to time, record a Notice of Lien to
further evidence the lien established by this Declaration.
Section 8. Association Remedies. Any assessment not paid within thirty (30) days after its due
date bears interest at the maximum rate of interest allowed by law at the time. The Association may sue the Owner
personally obligated to pay such assessment for a money judgment, or it may foreclose its lien against such Owner's
Lot. A suit to recover a money judgment for unpaid assessments may be maintained without foreclosing, waiving or
otherwise, impairing the security of the Association's lien, or its priority. No Owner may waive or escape
liability for the Association's assessments by non use of the Common Area or by abandonment of such Owner's
Section 9. Foreclosure. The lien for sums assessed pursuant to this Article may be enforced by
a judicial foreclosure in the same manner in which mortgages on real property from time to time may be foreclosed
in the State of Florida. In such foreclosure, the Owner is required to pay all costs and expenses of foreclosure
including reasonable attorney's fees. All such costs and expenses are secured by the lien foreclosed. Such Owner
also is required to pay to the Association all assessments against the Lot that become due during the period of
foreclosure, which also are secured by the lien foreclosed and will be accounted and paid as of the date the
Owner's title is divested for foreclosure. The Association has the right and power to bid at the foreclosure, or to
acquire such Lot by deed or other proceeding in lieu of foreclosure, and thereafter to hold, convey, lease, rent,
use and otherwise deal with such Lot as its Owner for purposes of resale only. If any foreclosure sale results in a
deficiency, the Association may petition the Court having jurisdiction of the foreclosure to enter a personal
judgment against the Owner for such deficiency.
Section 10. Exempt Lots. Any and all Lots from time to time owned by the Association will be
exempt from the assessments established by this Article during the period of such ownership. This Association may
not own or otherwise acquire Lots except (i) pursuant to foreclosure of the Association's lien, or (ii) one Lot for
use as a residence by any resident manager for the Properties who is employed by the Association or Association's
Section 11. Lien Subordination. The Association's lien established by the Declaration is
subordinate to the lien of any first Mortgage. Sale or transfer of any Lot does not affect the assessment lien,
except that the sale or transfer of any Lot pursuant to foreclosure of any First Mortgage, or any proceeding in
lieu thereof, extinguishes the Association's lien as to payments that became due prior to such sale or transfer,
without prejudice, however, to the Association's right to collect such amounts from the Owners personally liable
for their payment. No such sale or transfer relieves such Lot from liability for assessment thereafter becoming due
or from the lien thereof. Any encumbrancer holding a lien on a Lot may pay, but is not required to pay, any amount
secured by the lien created by this Article; and, upon such payment, such encumbrancer will be subrogated to all
rights of the Association with respect to such lien, including priority.
Section 12. Homesteads. By acceptance of a deed thereto, each Owner of each Lot is deemed to
acknowledge conclusively that (i) the assessments established by this Article are for the improvement and
maintenance of any homestead exemption otherwise available with respect to all amounts secured by such lien.
Section 13. Purposely Deleted.
ARTICLE VII - ARCHITECTURAL CONTROL - Back to top
Section 1. Authority. No dwellings, building, parking cover, shed, structure, fence, boat dock,
dock, outbuilding, color change, addition, exterior alteration or substantial attachment, or construction or
erection of any kind may be erected, placed, reconstructed or permitted to remain on any Lot unless and until
approved by the Architectural Committee. Such approval will not be unreasonably withheld for replacements or
reconstruction that conform in design, materials, appearance and quality to that of the original work.
Section 2. Design Standards. The Architectural Committee shall from time to time, subject to
this Declaration and the Association documents, adopt, promulgate, amend, revoke, and enforce guidelines,
hereinafter refereed to as "Design Standards" for the purposes of:
(a) governing the form and content of plans and specifications to be submitted to the
Architectural Committee for approval pursuant to this Declaration;
(b) governing the procedure for such submission of plans and specifications; and
(c) establishing guidelines with respect to the approval and disapproval of design features,
architectural styles, exterior colors and materials, details of construction, location and size of any structure or
dwelling and all matters that require approval by the Architectural Committee pursuant to this Declaration.
Section 3. Review and Approval of Plans. No structure shall be commenced, erected or maintained
on any Lot, nor shall any exterior addition to or alteration thereof be made until the plans and specifications
showing the nature, kind, shape, height, materials and locations of the same shall have been submitted to the
Architectural Control committee for written approval (i) as to conformity and harmony of external design and
general quality with the existing standards of the neighborhood and with the standards of RIVER WATCH (ii) as to
the location of the Structure in relation to surrounding structures and topography and finished ground elevation,
and (iii) shall be consistent with the provisions of this Declaration. In the event the Architectural Committee
fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications
have been submitted in writing, or in any event, if no suit to enjoin the addition, alteration or change has been
commenced prior to completion thereof, approval by the Architectural Committee will not be required.
Such plans and specifications shall be in such form and shall contain such information as may be reasonably
required by the Architectural Committee including, without being limited to:
(a) a site plan showing the location of all proposed and existing structures on the Lot
including building setbacks, open space, driveways, walkways and parking spaces including the number thereof;
(b) a foundation plan;
(c) a floor plan;
(d) exterior elevations of any proposed structure and alterations to existing structures, as
such structure will appear after all backfilling and landscaping are completed;
(e) specifications of materials, color scheme, lighting schemes and other details affecting the
exterior appearance of any proposed structure and alterations to existing structures; and
(f) plans for landscaping and grading, especially if the proposed structure consists of such
landscaping or grading.
Upon approval by the Architectural Committee of any plans and specifications submitted pursuant to this
Declaration, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the
Architectural Committee and a copy of such plans and specifications being such approval, in writing, shall be
returned to the applicant submitting the same. Approval for use in connection with any Lot or Structure of any
plans and specifications shall not be deemed a waiver of the Architectural Committee's right, in its direction, to
disapprove similar plans and specifications or any of the features or elements included therein is such plans,
specifications, features or elements are subsequently submitted for use in connection with any other Lot or
Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final
as to that Lot or Structure and such approval may not be reviewed or rescinded thereafter, provided that there has
been adherence to, and compliance with such plans and specifications, as approved, and any conditions attached to
any such approval.
Notwithstanding anything to the contrary, the Architectural Committee may request changes in any plans or
Structures that are completed or being built if required by law and neither the Developer nor the Architectural
Committee shall be liable for damages.
In regards to any plans and specifications approved by the Architectural Committee neither Developer, nor any
member of the Architectural Committee, shall be responsible or liable in any way for any defects in any plans or
specifications, nor for any structural defects in any work done according to such plans and specifications nor for
the failure of the plans and specifications to comply with any Law. Further, neither Developer, nor any member of
the Architectural Committee shall be liable in damages to anyone by reason of mistake in judgment, negligence,
misfeasance, malfeasance or nonfeasance arising out of or in connection with the approval or disapproval or failure
to approve or disapprove any such plans or specifications or the exercise of any other power or right of the
Architectural Committee provided for in this Declaration. Every person who submits plans or specifications to any
Architectural Committee for approval agrees, by submission of such plans and specifications, and every owner of any
Lot agrees, that he will not bring any action or suit against Developer, or any member of the Architectural
Committee, to recover for any such damage.
Any employee or agent of the Architectural Committee may, after reasonable notice, at any reasonable time, enter
upon any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction,
alteration, or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions
of this Declaration' and neither the Architectural Committee, nor any such agent shall be deemed to have committed
a trespass or other wrongful act by reason of such entry or inspection.
The approval granted hereunder is independent of any approvals which may be required by other reviewing
association or agencies, including that of the City of Tarpon Springs.
Section 4. Committee Membership. The Architectural Committee of the RIVER WATCH HOA membership
shall be initially composed of Michael Bronson, Paul Rose and Andrew Berger, who by majority vote may designate a
representative (herein called "Designated Representative") to act for and on behalf of the Architectural Committee
and to exercise all powers and perform all duties of the Architectural Committee. The address of the Architectural
Committee is 4320 West Kennedy Boulevard, Tampa, Florida 33609. However, at such time as all of the Lots in the
Subdivision have been sold by Developer, the powers and duties of the Architectural Committee shall immediately
vest in and be assigned to the Association, and the Architectural Committee shall thereafter exist as a Committee
of the Association under the control of the Association's board of Directors.
Section 5. Replacement. In the event of the death, inability to serve because of disability, or
resignation of any member or members of the Architectural Committee, the remaining member or members thereof shall
appoint a successor member or members, and until such successor member or members shall have been so appointed, the
remaining member or members shall have full authority to exercise the powers and perform the duties of the
Architectural Committee. The Board of Directors has the authority to replace or remove a member of the
Architectural Committee by a majority vote.
Section 6. Standards. In reviewing any particular application, the Architectural Committee must
consider whether its action will: (i) assure harmony of external design, materials and location in relation to
surrounding building and topography within the Properties; and (ii) preserve the value and desirability of the
Properties as a residential community; and (iii) be consistent with the provisions of this Declaration; and (iv) be
in as a residential community.
ARTICLE VIII - GENERAL PROVISIONS - Back to top
Section 1. Enforcement. The Association, or any Owner, has the right to enforce, by any
appropriate proceeding, all restrictions, conditions, covenants, easements, reservations, rules, regulations, liens
and charges now or hereafter imposed by, or pursuant to, the provisions of this Declaration. If any Owner or the
Association is the prevailing party in any litigation involving this Declaration, then that party also has the
right to recover all costs and expenses incurred, including reasonable attorneys' fees for all trial and appellate
proceedings, if any. If the association employs an attorney to enforce the provisions of this Declaration against
any Owner, regardless of whether suit is brought, the costs and expenses of such enforcement, including reasonable
attorneys' fees, may be assessed against such Owner's Lot as provided in Article VI, Section 4. Failure by the
Association or any Owner to enforce any provisions contained in this Declaration does not constitute a waiver of
the right to do so at any time, except as provided. The Developer also has the right to enforce all provisions of
this Declaration relating to the use, maintenance, and preservation of the Properties; and, if Developer is the
prevailing party in any litigation involving this Declaration, to recover all of Developer's costs and expenses
incurred, including reasonable attorneys' fees.
Section 2. Meeting Requirements. Wherever any provision of this Declaration, the Articles of
Incorporation, or the By-Laws requires any action to be approved by two-thirds (2/3) or more of the votes, pursuant
to Article V, Section 2, of membership at a meeting duly convened for such purpose, written notice of such meeting
must be given to all members not less than fifteen (15) days in advance, setting forth its purpose. At such meeting
the presence in person or by proxy of Members entitled to cast at least fifty percent (50%) of the votes, pursuant
to Article V, Section 2, outstanding constitutes a quorum.
Section 3. Rights of Mortgagees. By agreement between any Owner and the holder of any mortgage
on such Owner's Lot, any and all membership rights of such Owner may be assigned to, and exercised by, such
Mortgagee as collateral or additional security for performance of the obligations secured by such mortgage; but no
such assignment or delegation will bind the Association until the Association has received written notice
Section 4. Approval of FHA/VA. Notwithstanding anything contained herein to the contrary, any
amendment to this declaration, the articles, or the by-laws; or any annexation of additional property; or any
merger or consolidation of the association or any dissolution of the association; or any mortgaging, sale or
dedication of any common area, must be approved by the Federal Housing Administration or the Veterans
Administration as long as there is Class "B" members.
Section 5. Severability. Invalidation of any particular provision of this Declaration by
judgment or court order will not effect any other provisions, all of which will remain in full force and effect
provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform
any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity which otherwise
effectuating Developer's intent of providing a comprehensive plan for the use, development, sale and beneficial
enjoyment of the Properties.
Section 6. Amendment. The provisions of this Declaration will run with and bind the Properties,
and will inure to the benefit of and be enforceable by the Association for so long as the Properties are used in
whole or in part as a residential community, and in all events, for at least twenty (20) years following the date
this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten
years. This Declaration may be amended by an instrument signed by members entitled to cast not less than
seventy-five percent (75%) of the votes pursuant to Article V, Section 2, hereof. No amendment shall be effective
which shall impair or prejudice the rights or priorities of the Developer or any Institutional Mortgagee without
the specific written approval of the Developer or Institutional Mortgagee affected hereby. While there is Class B
membership, 75% of each Class of Owners must approve any amendment. If necessary to obtain any governmental
approval, including approval by the Federal Housing Administration or Veteran's Administration, or to correct a
scrivener's error or omission, Developer may amend this Declaration within the first year after its recording
without said approval of 75% of each class of owners.
Section 7. Easements for De Minimis Unintentional Encroachments. Where necessary and
appropriate, Developer and/or the Association, whichever is in control of the particular portion of the Properties
at the time, may grant easements for de minimis unintentional encroachments.
Section 8. Interpretation. Unless the context expressly requires otherwise, the use of the
singular includes the plural, and vise versa; the use of the terms "including" or "include" is without limitation;
the terms "Common Area", "Lot", and "Properties" include both any portion applicable to the context and any and all
improvements, fixtures, trees, vegetation and other property from time to time situated thereon; and use of the
words "must", "will" and "should" is intended to have the same legal effect as the word "shall". This declaration
should be construed in favor of the party seeking to enforce its provisions to effectuate its purpose of protecting
and enhancing the value, marketability, and desirability of the Properties as a residential community by providing
a common plan for their development and enjoyment.
Section 9. Annexation. Within five years of the date of execution of this Declaration,
Developer may, subject to compliance with Section 4 above, add contiguous lands to the Property, by the filing of a
supplemental declaration declaring such annexed lands to be subject to the provisions hereof, with such
modifications and additions as may be applicable to such annexed lands. Upon the filing of such a supplemental
declaration, the Lots and lands annexed thereby shall become subject to this Declaration, to the assessment
provisions hereof, and to the jurisdiction of the Architectural Committee and the Association. For purposes of
Article V, Section 2, the Lots in the annexed lands shall be considered to have been part of the Property since the
filing of this Declaration.
Section 10. The Association and its members shall comply with every ordinance and regulation of
the City of Tarpon Springs include that specific ordinance 90-56 (and any amendments thereto) which governs and
restricts the uses of the property.
Section 11. The Association and its members shall establish a Hurricane Committee for the
purpose of educating the members for hurricane preparedness and establish a hurricane evacuation plan. The
Association is to review said plans on an annual basis.
IN WITNESS WHEREOF, the Developer has executed this Declaration the date stated above.
BY:_________________________________________ Robert A. Walter
State of Florida
County of Hillsborough
The foregoing instrument was acknowledged before me this ____ day of __________, 1995,. by Robert A. Walter as
Vice President of the Waltsons, Inc., and he acknowledged to me that he executed the same for the purposes therein
expressed and in the capacity therein stated. He is personally known to me. _______________________
My Commission Expires: