Comparing the proposed refined deed restrictions to the old deed restrictions

 

The purpose for this document is to compare the old Deed Restrictions and the new Proposed Deed Restrictions to understand why these beneficial changes are being made. Another document has also been created called Yes/No. it lays out the affect of your vote – It shows the choices based on a yes/no vote

The Video Recording of the Town Hall discussing these comparisons can be found here

Why do we need the Proposed Refined Deed Restrictions?

Over 1 year ago the Pine Ridge Board decided to take on a tough problem – solving the myriad of issues with our current deed restrictions.

    • The lawyers recommend that deed restrictions be updated periodically.
    • There are items, many of which are small changes to current restrictions – to be less restrictive:
      • Need to be corrected.
      • Ease of Use.
      • Too subjective. Some items are unmeasurable.
      • Need to be changed based on feedback from the neighborhood
    • Certain sections need to be reorganized and simplified
    • Over time our neighborhood has changed and there are new issues to be handled.

We have thought about how to share this info. It would seem the simple way to do this would be to show copies of each of the restrictions and show the differences between the old ones and the proposed refined deed restrictions.

 

PROBLEM: Side by side comparison of sections is not possible because the Proposed Refined Deed Restrictions are rearranged, deleted and have added sections to make the Proposed Refined Deed Restrictions more functional.

So how do we understand the differences between the old ones and the proposed refined deed restrictions?

The purpose of this documents is to provide a list of all perceived issues that are brought up by Pine Ridge Members. For each issue the following will be provided:

The document will evolve as new issues are identified by Pine Ridge Members and updated appropriately.

Any questions regarding this can be directed to the Pine Ridge Deed Committee at PineRidgeDeedCommittee@pineridgeassn.com.

 

THE TOPIC – Accessory Structure

What size, amount and type of accessory structures are allow.

Proposed Refined Deed Restrictions enables

 

  • Focused on requiring accessory structures being more acceptable visually.
  • Shed size is increased from 288 sq feet to 420 sq feet
  • One Shed DOES NOT count toward the limit of accessory structures allowed. See Section 3.02 – Number 5
  • Allowing metal buildings
    • Fully enclosed as well
  • Height of accessory structures is now 25 feet.
  • A accessory structure is now defined as a Building, gazebo, pool, sports courts, etc, etc. that is not attached to the main structure.
  • Called out and disallowed Quonset type roof structures.

 

Old Deed Restrictions

 3.03 Accessory Structures

Please review BOD Approved Use Rules – 3.03 Greenhouse

(a) Every structure placed on any Lot shall be constructed from new material, unless the use. of other than new material shall have received the written approval of the Architectural Design Committee. All additions must be the same design and external appearance as the existing structure. Furthermore the roof must match the primary structure in pitch and material (roof design may be either gable or hip). With the exception that a metal roof may be used as long as the color compliments or matches the existing structure’s roof color. All structures must be placed on the Lot as defined in Deed Restriction 2.01.

(b) The number and aggregate size of accessory structures, including but not limited to, detached garages, detached carports, barns, sheds, gazebos, greenhouses etc. shall be limited to the following:

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Proposed Refined Deed Restrictions

 3.02 Accessory Structures

ADC applications for Accessory Structure approval on a lot with an existing Main Structure shall include a Boundary Survey, a photo of the Main Structure or a paint chip depicting the Main Color of the Main Structure along with a paint chip or photo of the proposed Accessory Structure.

A. The number and aggregate size of Accessory Structures, including but not limited to, Detached Garages, Detached Carports, Barns, Metal Buildings, sheds, Gazebos, Pergola, greenhouses, Detached pools, Sports Courts, etc., shall be limited to the following restrictions:

1. Lots 2 acres or less in size shall be limited to 2 Accessory Structures with a total area of no more than 2,000 square feet.
2. Lots greater than 2 acres and less than or equal to 3 acres in size shall be limited to 3 Accessory Structures with a total area of no more than 3,500 square feet.

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THE TOPIC – Commercial Signage

Visibility and display of commercial signage on vehicles on Pine Ridge members properties

The Proposed Refined Deed Restrictions enables the following changes:

 

Clarification of commercial signage visibility on a Pine Ridge Members property. 

The new restrictions DO NOT CHANGE commercial Signage. It simply clarifies the term so when a commercial vehicle cannot be seen it is in compliance

Old Deed Restrictions

4.03 Number 8 Commercial Signage

In 4.03 Number 8 it states:

No form of advertisement on cars, trucks or trailers. All such vehicles must be in a garage or back of house out of public view.

 

 

Proposed Refined Deed Restrictions

 

4.03 (Section J)

In Section 4.03 section J it states

No form of advertisement (the promotion of a product, brand, or service in order to attract engagement and sales) displayed on or in cars, vans, trucks or trailers parked overnight shall be visible from outside the homeowner’s property.

THE TOPIC – Compliance

What is the process for making sure Pine Ridge Members properties stay in compliance?

Proposed Refined Deed Restrictions enables

 

Clarified the compliance process especially around new modifications to properties. .

Limited compliance verification to the exterior of the property and visibility from the street and neighboring properties.

 

 

 

Old Deed Restrictions

9.05 (Inspection of Changes)

Any agent or officer of the Corporation or the Design Committee may from time to time at any reasonable hour or hours, in the presence of the occupant thereof, enter and inspect any property subject to these restrictions as to its maintenance or improvement in compliance with the provisions hereof; and the Committee and/or any agent thereof shall not thereby be deemed guilty of any manner of trespass for such entry or inspection.

 

 

 

Proposed Refined Deed Restrictions

9.06

With the written permission of the Lot Owner any Agent or officer of the Association may, in the presence of the homeowner, enter and inspect the exterior property subject to these restrictions to determine compliance with said restrictions

 

 

THE TOPIC – Procedures for adding, deleting, Modifying or clarifying restrictions/ use rules

How are changes made to deed restrictions and use rules in our neighborhood?

Proposed Refined Deed Restrictions enables

 

  • There was no path in the old restriction for a Pine Ridge member to propose a change to a restriction
  • Use Rules were approved by a simple majority of the board giving them far reaching powers over what is in our deed restrictions
  • The new restrictions provide a path for approval and requires a unanimous vote by the board to implement a use rule or to send a change, modification or deletion out to referendum

Old Deed Restrictions

11.01 and 12.01

11.01

Pursuant to assignment by the successor developer, Pine Ridge Estates by Citrus Hills (PRECH), recorded at Book 1336, Pages 1416-1426 Public Records of Citrus County, Florida, the Pine Ridge Property Owners Association, Inc., may make reasonable modifications, amendments or additions to these restrictions applicable to said Lots. Any such additional restrictive covenants or modifications or amendments thereto shall not affect the rights and powers of any mortgagee under said mortgages and provided further that any additional restrictions, covenants or modifications or amendments shall not change Section I0.03 herein pertaining to the amount and fixing of fees. PRECH shall retain the right of exemption from payment of maintenance fees as to its remaining undeeded property.

12.01

As used in these restrictions, the words “successors and assigns” shall be deemed to refer to an individual purchaser of a Lot or Lots in the Subdivision from the Subdivider, but shall be deemed to refer to the successors or assigns of legal or equitable interests of the Subdivider, who are designated as such by an instrument in writing signed by the Subdivider and recorded among the Public Records of Citrus County, Florida, specifically referring to this provision ofthese restrictions.

 

Proposed Refined Deed Restrictions

1.03

Upon adoption of this document, all current Reasonable Use Rules will be revoked.

A. Additions, Modifications and Deletions to the Declarations

Occasionally a situation may occur in which the Board, ADC, an Agent, or a Lot owner identifies a condition which is not specifically called out in this document. To rectify this situation, the Board, ADC, an Agent, or Lot owner may propose a new restriction, a change to an existing restriction, or the deletion of an existing restriction. This proposal will be submitted to the Board and will include the following information: the exact language or any modifications in language, its appropriate placement in this existing document, and/or reason for the deletion, modification or addition of the named restriction prior to approval by the PRPOA Board of Directors and the property owners of Pine Ridge. The proposal must also identify any changes to other parts of this document as a result of the proposed modification, deletion or addition of the restriction. A proposal meeting the above requirements will follow the procedures in steps 1 and 2 below:

1. If the Board determines the proposal has merit, it may submit the proposal to the Association’s attorney for legal review. If the Board does not find merit, the petitioner may demand an electronic survey and/or conduct a petition with regard to the proposal. If 150 petition signatures and positive electronic survey responses in total are received a referendum will be conducted.

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THE TOPIC – Fencing

What materials, placement and size requirements when installing fencing?

Proposed Refined Deed Restrictions enables

Clarification on the rules around fencing. So that it was much easier to understand the rules around property lines and where fences can be placed. 

Added new materials for fences

  • Masonry
  • Composite
  • Metal

Updated fences to allow specific types. 

  • Buck Fence
  • Non-continuous fences
  • Metal Picket fences

Allowed different materials other than vinyl for Privacy fences.

 

Old Deed Restrictions

2.02 Fences

  1. Rule 1 – Fences Require approval
  2. Rule 2 – Board Type
  3. Rule 3 – Maintenance of fence
  4. Rule 4 – Electric and Climb Wire

No fence shall be permitted within the front yard, except those constructed of post and boards, or post and rails, materials and style. Any such fence shall have two or more boards or rails, placed either horizontally or diagonally. Horizontal boards or rails must be spaced at least six (6) inches apart except that if it is of a two-rail design the maximum distance between the rails shall be two (2) feet. No part of the fence may exceed 54 inches in height.

Gates in the front yard of the lots where stabling of horses or ponies are not permitted must be wrought iron, painted, anodized, wood faced, accented, but not an uncolored galvanized zinc or aluminum finish. Wire mesh fencing is permitted when fastened to the inside of such fences. Rear yard fences shall be constructed of materials normally used in the construction of perimeter fencing.

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Proposed Refined Deed Restrictions

2.02 Fences

A finished sample of the proposed color on the proposed materials shall accompany any Fence application. A clear color photograph of the proposed color on the proposed material may be submitted in lieu of the finished sample. Only colors listed in the fence tab of the Pine Ridge paint color book will be permitted for fences.

A. Columns may be constructed of stone, concrete with stucco, wood or brick and shall not exceed 24 inches square or 34 inches in diameter and 72 inches in height above grade. When used to accent driveways, an additional allowance of 24 inches for light fixtures and ornaments is permitted. A gate may be placed between the columns. If attaching an archway to span between the columns, the maximum height of the completed archway may not exceed 20 feet above grade.

B. Non-continuous Fencing is permitted. Non-continuous fencing inherits the height, material, design, style and color restrictions based on the location of each segment with regard to the rear line of the Main Structure. The minimum number of openings must be the number of segments minus 1. When shadow boxing sections the minimum setback from post to post will be no less than 2 feet.

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THE TOPIC – Grandfathering

What are the Rules on Grandfathering Issues?

Proposed Refined Deed Restrictions enables

Items that were compliant with old deed restrictions when they were created are Grandfathered in under the Proposed Refined Deed Restrictions

 

 

 

 

 

Old Deed Restrictions

Definitions

This issue is listed as a definition but not explicitly dealt with in the old deed restrictions

NEW Proposed Deed Restrictions

9.03 Grandfathering

From time to time these restrictions may be changed in accordance with the Association’s governing documents. As new restrictions come into effect existing properties which were compliant under the previous version of the Restrictions may become non-compliant with one or more of the revised Restrictions. Those properties may be deemed compliant in perpetuity or temporarily “Grandfathered” as follows:

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THE TOPIC – Home Occupation Businesses

Are Pine Ridge members allowed to have home businesses on their property?

Proposed Refined Deed Restrictions enables

  • Clarifies the Use Rules created by the board.
  • Supports home businesses in the neighborhood while limiting outside signage and traffic.

 

Old Deed Restrictions

4.01 Use Rules (Rule 1 and 2)

Rule 1

No traffic, employees, or obvious signs of business

Rule 2

A pine Ridge resident may not advertise their business on their residential lot

 

 

 

 

 

Proposed Refined Deed Restrictions

 1.02 B Sections (1-7)

1. All Home Occupation work or products taking place on any Lot shall be conducted within an enclosed structure.

2. No display of merchandise, products, or advertising shall take place outside of or be visible from outside any structure.

3. A Home Occupation shall not include any walk-up / drive-up retail or wholesale sales on the premises.

4. No equipment or process shall be used in a Home Occupation that creates electrical interference or creates electronic interference of any kind in any electrical device off the Lot.

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THE TOPIC – In-Law Quarters

Are In-Law quarters allowed?

Proposed Refined Deed Restrictions enables

  • Remove the inside square footage restriction for In-Law Quarters
  • No longer care what you do inside your house.

Old Deed Restrictions

1.01 Use Restrictions

In-law quarters cannot exceed 750 square feet and must be under the same roof.

It must be located and designed not to interfere with the appearance of the existing structure.

This dwelling shall not become a rental unit.

In-law quarters, when added and approved shall be an integral part of the house.

 

 

 

Proposed Refined Deed Restrictions

THE TOPIC – Lawn Embellishments

What lawn embellishments are allowed?

Proposed Refined Deed Restrictions enables

The amount of lawn embellishments stays the same (10)

  • The new restrictions only applies forward of the main structure
  • There are now size limits.
  • There are exceptions for seasonal holidays.
  • Water features are now allowed

Old Deed Restrictions

4.15 Lawn Decorations

  1. Rule 1 – Height Limitations
  2. Rule 2 – No Disrepair or Mildew

Decorations and lawn art, excluding holiday decorations, shall be limited to ten (10) items in the front yard area. The house must remain the focal point of the property.

 

 

 

 

 

Proposed Refined Deed Restrictions

4.13 Lawn Embellishments

The Main Structure must remain the focal point of the property. Any Lawn Embellishment, garden art, or holiday decoration shall not be allowed to become in disrepair, broken, torn, or soiled.

A. Garden art and other Lawn Embellishments shall be limited to ten (10) items forward of the Front Line of the Main Structure. One of the ten Lawn Embellishments may be no taller than 6 feet in height, 6 feet in length and or 10 feet in width. Each of the remaining 9 Lawn Embellishments shall not exceed four (4) feet in height and five (5) feet in length.
B. One water feature is allowed and shall measure no taller than seven (7) feet and no wider than five (5) feet.

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THE TOPIC – Paved Driveways

Are paved driveways required in Pine Ridge?

Proposed Refined Deed Restrictions enables

All new homes must have a paved driveway which leads to a 2 car attached garage (or more)

Defined paved driveway to include

  • Gravel
  • Tarmac
  • Concrete
  • Paver
  • Other surfaces

Color (if painted) must match the main structure.

 

Old Deed Restrictions

Not Addressed at all

 

 

 

Proposed Refined Deed Restrictions

3.01 A

A hard surface or gravel driveway will extend from the attached garage toward the street a minimum of 50 feet or until contact with the property line adjacent to a street. If a hard surface driveway is painted or colored, only a Body, Trim, or Accent color that corresponds with the color group used on the Main Structure as found in the authorized paint color book of the Main Structure is permitted. Also, any color of beige or gray listed in the color book may be used as a color for a paved driveway.

4.09 C

No paved driveway, Fence, roof, or structure shall be allowed to become soiled, deteriorated, broken or in poor repair. This determination is at the discretion of the Board, Property Manager or an Agent appointed by the Board.

 

THE TOPIC – Property maintenance

What is a Pine Ridge Property owner responsible for regarding Property maintenance

Proposed Refined Deed Restrictions enables

Now encourage Florida Friendly landscaping.

 

Old Deed Restrictions

4.09 Landscaping

a. No lawn, fence, hedge, tree or landscaping feature on any of said Lots shall be allowed to become obnoxious, overgrown or unsightly in the sole reasonable judgment of the appointed Architectural Design Committee or its agent.

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Proposed Refined Deed Restrictions

4.09 Property Maintenance

A. If grass is removed, it may be replaced by seed, sod, mulch, or smooth decorative landscaping stones. The Lot Owner may also elect to return this area to natural noninvasive vegetation or foliage. Florida Friendly Landscaping guidelines are encouraged. The height of Florida nonnative turf may not exceed 12”.

B. In the event that any lawn or landscaping features shall exceed the limits in 4.09 A above the Association shall send notice of the violation to the Lot Owner. After sending such notice, the Association shall have the right, but not the obligation, to cut, trim or maintain said lawn or landscaping feature and to charge the owner of the Lot a reasonable sum therefor, and the Association shall not thereby be deemed guilty of a trespass. The Association shall first make a reasonable effort to notify the property owner. If said charge is not paid to the Association within thirty (30) days after a bill therefor is deposited in the mail addressed to the last known owner of the Lot at the address of the residence or building on said Lot, or at the address of the owner as shown in the tax records of Citrus County, Florida, then said sum shall become delinquent and shall become a lien to be collectible the same as other delinquent assessments as set forth in Article 10.00 hereof.

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THE TOPIC – Signs

What kind of signs are allowed? How big can they be and when are they allowed to be seen?

Proposed Refined Deed Restrictions enables

Clarifies the current rules on Signs

  • Enlarged the for-sale to 24×24
  • Added equine liability and no trespassing
  • Rules around For Sale Signs.
  • Increased the political display to 60 days from 30 days.
  • Allowed Illuminated house numbers
  • No Political signs on common areas.

Old Deed Restrictions

4.03 Signs

  1. Rule 1 -Candidate Signs
  2. Rule 2 – Yard Sale Signs
  3. Rule 3 – Where signs are allowed to be put

No sign, flag, banner, pennant, poster, bulletin, streamer, or any device designed to communicate information or images shall be permitted to be displayed on any Lot or vehicle on the Lot, in any manner, except as follows:

1. Only one sign, advertising the Lot “For Sale” may be displayed on said Lot, and only under the following conditions: The sign shall not exceed ninety-six (96) square inches in size 12 x 8; the sign must be placed on the outside of the house on one or two posts; the combined sign posts shall not exceed two (2) inches in diameter; no part of the sign shall exceed thirty-six (36) inches in height from the natural terrain; and, no sign shall include the price being asked for the property;

2. Not withstanding the foregoing paragraph:

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Proposed Refined Deed Restrictions

4.03 Signage, Flags, and Advertising

A. Only one sign per adjacent street, advertising the Lot “For Sale” may be displayed on said Lot, and only under the following conditions: the sign shall not exceed 24” X 24”; the sign must be placed outside of the Main Structure on one or two posts; the combined sign posts shall not exceed two (2) inches in diameter; no part of the sign shall exceed thirty-six (36) inches in height from the natural terrain; no sign shall include the price being asked for the property, and no sign shall be illuminated, attached to a tree, shrubs or utility pole. No “for rent”, “for hire”,” or “for lease” signs will be permitted on any lot or visible on any vehicle or vessel.

B. No signs shall be illuminated with the exception of model homes and house address numbers.

C. No more than one of each of the following signs: security, warning, and/or “no solicitation”, none of which exceeds (96) square inches, may be displayed on any Lot.

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THE TOPIC – Tree Preservation

How many trees must a property keep when making changes to a property?

Proposed Refined Deed Restrictions enables

  • New owners must submit a tree preservation plan as part of a new build
  • Clarify the amount of mature trees that must be kept
  • Defined Mature trees.
  • Certain Stumps may be allowed to be kept

 

Old Deed Restrictions

 4.13 Environmental Preservation

a) No lot shall be clear-cut.

b) Lots shall not be cleared before being inspected by a licensed environmental consultant or by the Pine Ridge Environmental Committee to ensure that there are no species of animals present that are protected by State or Federal Laws. In addition, the minimum number of trees retained shall be no less than twice the number required by the County.

These are the Citrus County guidelines on tree-preservation-guidelines

 

 

 

Proposed Refined Deed Restrictions

 

1.01B

It is the intent that as many trees as possible be left on the property while allowing the homeowner maximum flexibility in the use of the property. Further, to provide new property owners a tool to document and mandate to the builder, via the tree preservation, the property owners’ vision for tree preservation.

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4.09A

If grass is removed, it may be replaced by seed, sod, mulch, or smooth decorative landscaping stones. The Lot Owner may also elect to return this area to natural noninvasive vegetation or foliage. Florida Friendly Landscaping guidelines are encouraged. The height of Florida nonnative turf may not exceed 12”.

 

THE TOPIC – Vehicles and Vessels

What vehicles and vessels are allowed on a Pine Ridge Members Property?

Proposed Refined Deed Restrictions enables

Simplified the different requirements for vessels and vehicles visible on a Pine Ridge members property.

Described in detail a vehicle in disrepair.

Limited the amount of vehicles allowed outside.

 

 

 

 

 

Old Deed Restrictions

4.08 (Vehicles, Commercial Vehicles and Recreational Vehicles)

  1. Rule 1 – Poor Repair or damaged RV’s
  2. Rule 2 – Direction of Parking of RV’s
  3. Rule 3 – RV’s Parked in front of home for more than 14 days
  4. Rule 4 – Boat Covers shape

No mobile home, tractor-trailer, commercial tractor, truck of a rated weight of more than one (I) ton, or bus shall be permitted on any Lot or parked overnight on any of the streets or road right-of- ways. However, homeowner’s recreational vehicle(s) motor home, travel trailer, implement trailer, livestock trailer, farm tractor or water-borne vehicles, may be parked overnight on any of the Lots, only upon the following conditions:

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Proposed Refined Deed Restrictions

4.08 Vehicles and Vessels Parked outside the Main or Accessory Structures

A. No more than 3 vehicles, vessels, trailers (motorized or not – for example, motor home, travel trailer, implement/utility trailer, equine trailer, farm tractor, water-borne vehicles, aircraft, ATV, Box Truck or any vehicle or trailer that combines these or other functions) originally manufactured to transport people, animals, equipment, materials, or apparatus shall be permitted outside the Main or fully enclosed Accessory Structures overnight on any lot, street or right of way with the following exceptions:

1. Only one of the vehicles, vessels or trailers listed in A. above may be parked parallel to and on the side of the Main Structure behind the Front Line of the Main Structure. Two additional vehicles, vessels or trailers as listed in A., above may be stored or parked behind the Rear Line of the Main Structure. Any of these types of vehicles stored in a closed building do not count against these limits.

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THE TOPIC – Yard Sales

What are the Rules on Yard Sales?

Proposed Refined Deed Restrictions enables

Clarifies rules on signage before and after yard sales

Clarifies rules for Estate Sales and Yard Sales regarding quantity, Time Frame, etc.

 

 

 

 

Old Deed Restrictions

Nothing specific on Yard Sales

Proposed Refined Deed Restrictions

4.03 F Yard Sale Signs

Yard/Estate sale signs are permitted for a duration of 24 hours prior to the sale. Yard/Estate sale signs must be removed 24 hours after the sales.

1.02 B Amount of Yard Estate Sales

No more than 1 “Estate Sale” and no more than 3 “Yard Sales” per calendar year per property owner will be permitted. Yard Sales will be conducted for no more than 3 consecutive days. Estate Sales shall be conducted for no longer than 10 consecutive days. Parking for these events shall only be on the sponsoring homeowner’s property and the homeowner’s right of way. See 4.03 F. for restrictions on signage for these sales.