Declaration of Covenants, Conditions and Restrictions of Covington at Cross Creek
Section1. Use of Lots
Each Lot may be improved and used for residential purposes only and only single detached family homes, approved in accordance with Article VI 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 except for a home occupation as approved by Hillsborough County and 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. Notwithstanding the previous sentence, if permitted by County regulation, a separate but connected living area may be included in the dwelling, intended for use by related parties.
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 Subdivision.
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, with each dwelling containing at least a two-car garage of similar architectural style as the main dwelling unless 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 of a temporary character, 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 four 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, except for a construction shack, security trailer, temporary structure or temporary toilet during construction of a dwelling, or if such structure is totally screened from view from any location outside the Lot by a fence, wall, or landscaping, or a garage with the capacity for at least two automobiles.
Section 6. Building Restriction Lines
Any dwelling placed on a Lot shall be in accord with the front yard, side yard and rear yard setback requirements set forth in the Hillsborough County Zoning Regulations. No variances will be permitted without written permission from the Architectural Committee, in addition to zoning requirements.
Section 7. Vehicular Parking
No motorized wheeled vehicles of any kind and no boats may be kept or parked on any Lot, unless completely inside a garage attached to the main residence or completely screened from view from outside the Lot by fence, wall, or landscaping, 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, and except further that 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 pickup 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.
Section 8. Window Air Conditioners and Fans, Solar Devices
Unless the prior 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 of a dwelling which faces a street, Common Area, or adjacent property owned by Developer.
Section 9. Construction
(a). Within eight months after the date of recording the deed from Developer, 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.
(b). 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 paved driveway from the paved portion of the abutting street to the Lot line and shall remove the curbing at the edge of the paved portion of the street to the extent necessary for entrance into the driveway and replace same with suitable valley curb or gutter so as to provide for entrance into the driveway and also proper and continued drainage along the edge of the paved portion of the street. The design and type of material for each such driveway and curb or gutter shall first be approved by the Architectural Committee in writing and the subsurface of the portion of the driveway between the Lot line and the paved portion of the abutting street as well as the replacement curb or gutter shall be installed prior to commencement of any construction and prior to the delivery of construction materials to the Lot. 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 over the installed replacement curb or gutter and driveway subsurface, 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 shall have the right to allow vehicles to park on the street or other Lots during construction.
Section 10. 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.
Section 11. No trailer, basement, garage, or any outbuilding of any kind shall at any time be used as a residence, either temporarily or permanently.
Section 12. 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 any 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 the 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 the 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 13. 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 or 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 shall be permitted except one meter or less in diameter, and any such satellite dish must comply with standards of the Architectural Committee. The Architectural Committee, created pursuant to Article VI, shall adopt standards for the placement of such satellite dishes.
Section 14. 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 15. 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, two (2) cats, and four (4) 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 time.
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 a 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 16. 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 cancelled 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 17. Trees and Surface Conditions
No Owner shall plant or place any shrubbery, hedge, tree or other planting 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. No sod, 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 result in any permanent change in the flow and drainage of surface water which is not approved by the Architectural Committee.
Section 18. Maintenance
Each Owner must repair, replace and maintain the roofs, gutters, downspouts, 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 his lot as appropriate. Each Owner’s duty of maintenance includes any and all easement areas upon such Owner’s Lot. No Owner may permit any waste to the exterior portion 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 19. 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, that 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 rule 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 rescission by a majority of both classes of membership present and entitled to vote at any regular or special meeting of its 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 20. 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 21. 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 sales office, showing of Lots and the display of signs.
Section 22. Fences
Fences shall be permitted only as designated in guidelines adopted by the Architectural Committee. The Architectural Committee created pursuant to Article VI hereof shall adopt uniform standards for the design and placement of fences, which standards shall not be limited to those specified in Section 3 of Article VI, 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 VI.
Section 23. 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 manner.
Section 24. Utility Lines
All telephone, electric, cable, and other utilities lines and connections between the main or primary utility lines and the dwelling or other buildings 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 and other buildings on the Lot.
Section 25. Mailboxes
No mailbox or paper box shall be erected or installed unless approved for design and location by the Architectural Committee.
Section 26. 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 27. Basketball Hoops
No basketball hoops, backboards, or pole structures may be erected in any front yard or on the front side of any dwelling.
Section 28. Clotheslines
No clotheslines or device for the air-drying of clothing may be constructed in any location on a lot which is visible from any street.
Section 29. 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 30. Swimming Pools
No above ground swimming pools shall be constructed on a lot. A screen enclosure or fence must be used to enclose in-ground pools. Pool and enclosure construction are subject to review by the Architectural Committee pursuant to the terms of Article VI.