DECLARATION OF COVENANTS OF WATERFORD SUBDIVISION

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Section 3 - Architectural and Construction Restrictions

3.01 Construction. No improvements or structure of any kind including, without limitation, any building, fence, wall, swimming pool, tennis court, screened enclosure, sewer, drain, disposal system, decorative building, landscape device or object, or other improvement shall be commenced, erected, placed, or maintained upon any Lot or Multi-Family Parcel, whether or not the purpose thereof is purely decorative or otherwise, nor shall any addition, change or alteration therein or thereon be made, unless and until the plans, specifications and location of the same shall have been submitted to, and approved in writing by ... the Association ... All plans and specifications shall be evaluated as to harmony of exterior design, materials, and location in relation to surrounding structures and topography and as to conformance with this Declaration....

3.02 Construction. If construction of any improvement shall not commence six (6) months after the date of such Declarant's approval of plans and specifications as provided in Section 3.01, the approval shall become null and void unless Declarant extends the time in which to commence construction. Upon commencement, construction shall be prosecuted diligently and completed within a reasonable period of time not to exceed twelve (12) months, unless such time is extended by Declarant. Site appearance during construction shall be kept in a neat and orderly condition so as not to cause an unsightly condition. No dumping of building materials is permitted on any Lot and all construction material shall be disposed of in the manner conforming to the requirements of Broward County. In the event the Lot owner ... contractor or subcontractor shall fail to maintain the site as specified and continue such failure more than seven (7) days following delivery of a written notice with respect thereto from Declarant, Declarant may order a clean-up of the site and assess the respective Owner the cost and expense thereof and enforce payment of same as provided in Section 10.

3.03 Succession. On the date the Development Period terminates under Section 2.01, Declarant's rights under this Section shall succeed to the Association or Multi-Family Association with respect to any construction after such date on Lots or Multi-Family Parcels over which those associations have jurisdiction.

3.04 Restrictions. The architectural and construction restrictions pertaining to the Lots are contained in Sections 3.05 through 3.13. When the Association is granted right of approval or discretion as to any matter described in those Sections, such right of discretion shall be exercised by Declarant only during the Development Period.

3.05 Homes. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-family dwelling containing liveable enclosed floor area of not less than the total square footage described herein, exclusive of open or screened porches terraces, garages, pools, out buildings and tennis courts. A dwelling on any Lot shall contain no less than 1100 square feet of liveable enclosed floor area on the first floor. The total required square feet of liveable enclosed floor area of any single-family dwelling shall be as follows:

A.

LOTS                          Total Square Feet
1 through 17 ........................ 2400
24 through 30, 171 through 182 ...... 2200
23, 31 through 34, 36 through 39,
97 through 99, 101 through 130,
133 through 137, 151 through 159,
and 161 through 170 ................. 2000
18 through 22, 35, 40 through 96,
100, 131, 132, 138 through 150
and 160 ............................. 1800

B. Single-family dwellings shall not exceed thirty-five (35) feet in height and shall have roofs made of cement tile, vitreous clay or wood shingles, except that dwellings may have "built-up" roofs which overhang patio areas not visible from the street. Minimum roof pitch shall be not less than (rise over run) 5/12 unless contemporary design requires same and written approval is given by the Association. Unless approved by the Association as to use, location and architectural design, no garage, tool or storage room may be constructed separate and apart from the residential dwelling and if such structure is approved it may not be constructed prior to construction of the main residential dwelling.

3.06 Garages. Each dwelling on a Lot shall have a private and enclosed garage for not less than two (2) nor more than four (4) cars. All garages located on Lots shall have a minimum width of 18 feet for a two (2) car garage, 28 feet for a three (3) car garage, and 38 feet for a four (4) car garage as measured from the inside wall of the garage. All garages must have either a single overhead door with a minimum door width of sixteen (16) feet for a two (2) car garage or two (2) sixteen (16) foot doors for a four (4) car garage or two (2), three (3) or four (4) individual overhead doors each with a minimum of eight (8) feet in width. No carports will be permitted unless approved in writing by the Association. If prior written consent is obtained from the Association, garages may be enclosed for air conditioned living space.

3.07 Set-Backs. Except as provided in the Section, no building, or any part of any projection thereof, shall be erected on any portion of the Lots within five (5) feet of any side lot line, fifteen (15) feet of any rear lot line, five (5) feet of any drainage easement, or within twenty-five (25) feet of any right-of-way contiguous to the side or rear lot line, except with respect to Lots 1 through 17, which set-back shall be forty (40) feet from any right-of-way contiguous to the front lot line. Pools, patios, and screened enclosures without roofs, shall on;y be required to set back five (5) feet from the rear lot line of any Lot. Where Lots have curved property lines, set-back distances shall be taken at right angles with the tangent to the curve. All other set-backs shall be measured at right angles to the lot line.

3.08 Driveway Construction. All dwellings shall have a paved driveway of stable and permanent construction which shall be not less than sixteen (16) feet in width at the entrance to the garage. All driveways should be constructed with concrete, asphalt, or a comparable material, approved by Declarant. If the driveway is elevated above the natural topography, the sides shall be sloped (rise/run) no greater than 1/4 and shall be grassed or sodded. If the driveway is elevated above the natural topography and does not provide a drainage swale at the right-of-way line, then six inch (6") drainage culverts of P.V.C. Schedule Forty (40) pipe or other culvert material approved in writing by the Association shall be installed at the minimum elevation in any driveway which might act as a dike or impediment to the natural flow of water.

3.09 Property Elevation. No changes in the elevation of a Lot shall be made without prior written approval of Declarant. No fill shall be used to extend a Lot beyond the lot line. No sod, top soil, rock, gravel, sand, clay, or earth, except for the landscaping, shall be removed from the Lot, or any lake or pond dug, without the written consent of the Association and no change in elevation resulting in surface water drainage onto another Lot shall be permitted.

3.10 Landscaping. A landscaping plan for each Lot and Multi-Family Parcel must comply with the ordinances of the governmental body having jurisdiction over the Lots and Multi-Family Parcels. Each Lot shall be fully sodded, including the area, if any, between the lot line and the street pavement. No Bahia grass or sod shall be used except for the area between the lot line and the street pavement. No gravel or pavement shall be used as a ground cover unless approved by the Association.

3.11 Fences and Walls.

A. The composition, location and height of any fence or wall to be constructed on any Lot shall be subject to the prior written approval of the Association. All fences shall be erected so as not to interfere with drainage, maintenance or utility easements. No barbed wire, wire mesh, chicken or hog wire fence shall be allowed. No chain link or cyclone fence shall extend closer to the front of a Lot than the front of the dwelling. Fences and walls shall be at all times maintained in good repair and condition.
B. No fence, wall, hedge, or shrub planting which obstructs the line of sight and elevations between two (2) and six (6) feet above the roadway shall be placed, or permitted to remain, on any corner Lot within the triangle area formed by the street, property lines and a line connecting them at a point twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded Lot corner from the intersection of a street property line with the edge of a driveway. No trees shall be permitted to remain within such distances of such intersections unless the foliage is maintained at sufficient height to prevent obstruction of such lines of sight.

3.12 Play Structures. All basketball backboards and play structures, including but not limited to, swing sets and playground equipment, shall be located at the rear of the dwelling or on the inside portion of corner Lots within the set-back lines, but in no event closer to the front of the Lot than the rear line of the dwelling, unless an exception is granted in writing by the Association. No doghouse, playhouse, or similar structure shall be constructed on any part of a Lot in front of the rear line of the residence thereon and all such structures and their locations must, prior to construction, be approved in writing by the Association.

3.13 Recreational Areas. Any swimming pool, tennis, racquetball, handball, basketball, badminton or similar courts or recreation areas to be constructed on any Lot shall be subject to the requirements of the Association shall include, but are not limited to the following:

A. Composition to be of material thoroughly tested and accepted by the industry for such construction.
B. Such facility must be constructed on the same Lot as the residence of the Lot Owner and the location of such facility on such Lot must be first approved in writing by the Association.
C. Lighting shall be designed so as to buffer lighting from the surrounding residences to prevent same from constituting a nuisance.

Purpose and Definitions
Jurisdiction
Architectural and Construction Restrictions
Use Restrictions
Exterior Maintenance
Common Easements
Lake Parcels and Park Parcel
The Association
Assessments
Enforcement
Duration and Amendments
Severability

NOTE: Upon "closing," each new owner should have received a document called "DECLARATION OF COVENANTS OF WATERFORD SUBDIVISION." This scanned and typed copy of selected sections of the Covenants is not meant to replace that document, or the BY-LAWS, which govern the Association election process. It is provided here simply as a convenient reference for "Frequently Asked Questions" regarding typical homeowner issues. This is not a legal document, and neither the Association nor the editor bear any liability for errors. If you do not find the information you seek, you are urged to contact one of your Association Board members, or consult your own hard copy.

www.ivanhoe-waterford.com © 1997 Pete LaMoia