Civic News

Amended Deed of Restrictions
Posted on Feb 26th, 2022

THE CIVIC ASSOCIATION OF IMPERIAL HARBOR, INC.
A 55 AND OVER, DEED RESTRICTED COMMUNITY
P.O. BOX 366064
BONITA SPRINGS, FL  34136
IHCIVICASSOC@GMAIL.COM
 
DEED OF RESTRICTIONS FOR IMPERIAL HARBOR
 
FOR THE IDENTIFIED LOTS ON EXHIBIT  “A” IN THE FOLLOWING UNITS:
            UNIT 1, PB 11, PG. 56-57, PUBLIC RECORD LEE COUNTY FL
            UNIT 2, PB 23, PG. 55, PUBLIC RECORD LEE COUNTY FL
            UNIT 3, PB 24, PG. 62, PUBLIC RECORD LEE COUNTY FL
            UNIT 3A, PB 29, PG. 19-20, PUBLIC RECORD LEE COUNTY FL
            UNIT 4, PB 25, PG.75, PUBLIC RECORD LEE COUNTY FL
            UNIT 5 PART ONE, PB 29, PG. 1-3, PUBLIC RECORD LEE COUNTY FL       
            UNIT 5 PART TWO, PB 32, PG. 1-4, PUBLIC RECORD LEE COUNTY FL
            UNIT 6, PB 33, PG. 93-95, PUBLIC RECORD LEE COUNTY FL
            UNIT 7, PB 35, PG. 130-131, PUBLIC RECORD LEE COUNTY FL
 
NOTE:  This Deed of Restrictions is a covenant running with the land imposed by voluntary consent and joinder executed by the Owners of the identified lots on the Consent and Joinders attached hereto as exhibit “A”.  This Deed of Restrictions is an amendment to a prior Deed of Restrictions.
 
Imperial Harbor is a “55 and over” community and is governed by the Fair Housing Amendments Act of 1988, as amended by the Housing for Older Persons Act of 1995 (HOPA95), and any amendments thereto.
 
In these restrictions, THE CIVIC ASSOCIATION OF IMPERIAL HARBOR, INC. is also referred to as the CIVIC ASSOCIATION or the ASSOCIATION.
 
Definitions of words in this Deed of Restrictions shall be the same as the definitions in Federal, State, County or City statutes, laws, ordinances codes, rules or regulations.  Any word not so defined shall be defined as that word is published Miriam-Webster’s Unabridged Dictionary, latest edition.  The term Lot as it is used herein includes any dwelling located on the Lot.
 
ARTICLE I:  RESIDENCY
 
In accordance with the Fair Housing Amendments Act of 1988, as amended by the House for Older Persons Act of 1995 (HOPA95):
 
Section 1:        At least ONE PERSON, either the owner or the renter of record, fifty-five (55) years of age or older must be the primary occupant of each occupied Lot.  For the purpose of this section, “primary occupant” means any occupant of a Lot who is a least 55 years old.
 
Section 2:        Persons under the age of 55 but over the age of eighteen (18) may occupy a Lot as long as at least one person who is at least 55 years old is the primary occupant. also in occupancy.
 
Section 3:        A current owner who is under age 55 is permitted to occupy his or her Lot, but occupancy of the Lot by any person other that the said current owner is subject to the requirement that at least one person occupying the Lot must be at least 55 years old.
 
Section 4:        Persons under the age of eighteen (18) may not occupy a Lot for more than thirty (30) days in any calendar year under any circumstances. (Does occupy need to be defined? Does it require an overnight stay or is a brief visit considered occupancy?)
 
Section 5:        Any surviving heir is eligible for permanent occupancy on a Lot provided that he/she has or obtains legal or equitable title to a Lot.  The Association may establish policies and procedures for the purpose of ensuring that the required percentages of occupancy by older persons are maintained at all times.  This is subject to Article I, Section 4.
 
The Association has the right to evict any person occupying a Lot in violation of Article I, and the owner and occupants shall be responsible for all costs of enforcement.
 
ARTICLE II:  RENTAL / SALE PROPERTY
 
Section 1:        The Renter/Lessee of property in Imperial Harbor is subject to comply with all Deed of Restrictions.  Any owner, or owner’s agent, who sells, rents or leases a home or Lot shall notify the Association of such sale, rental or lease and furnish a copy of the current Deed of Restrictions, and a copy of the Office of Management and Budget (OMB) Form No,. 2529-0046, to the perspective purchaser, tenant, renter or lessee at the time of contract or rental.  The owner or owner’s agent shall obtain a signed receipt for a copy of the Deed of Restrictions, in a form as prescribed by the Association, from the purchaser, tenant, renter or lessee.  The signed receipt and a completed copy of OMB form No, 2529-0046 MUST be filed with the Association 15 days prior to occupancy by the tenant, or transfer to a new owner.
 
Section 2:        In the interest of full disclosure and due diligence the Association shall provide the required documents to the owner or owner’s agent to assist them in compliance with the Deed of Restrictions.  A reasonable fee not to exceed $5.00, shall be paid by the owner or owner’s agent to offset the cost of providing the documents.  The Association shall promulgate a policy and procedure in compliance with the Fair Housing Act and HOPA 95 to assist owners and their agents in complying with the Deed of Restrictions and the aforesaid statues.
 
Section 3:        Property owners shall be responsible in ensuring tenants or lessees comply with the Deed of Restrictions, and that any agent(s) authorized by the owner to sell, lease or rent to owner’s property comply with the Deed of Restrictions regarding sale, lease or rental.
 
Section 4:        The property owner and or tenant may be responsible for all expenses the Association may incur in the enforcement of the Deed of Restrictions.
 
Section 5:        Residents are responsible for all visitors.  Each resident shall be responsible for informing his guests of the Deed of Restrictions and shall require each guest to abide by these restrictions. 
 
The Association reserves the right to notify City Code Enforcement of any actual or apparent violation of City Codes regarding residential rental units. 
 
ARTICLE III:  DEED OF RESTRICTIONS EFFECTIVE DATES & AMENDMENTS
 
Section 1:        These restrictions shall run with the land and shall encumber each Lot, whose Owner(s) have executed a Consent and Joinder imposing the Deed of Restrictions on the Lot, for a period of twenty years from the date hereof.  After said twenty year period, they shall automatically be extended for successive ten year periods, unless prior to the expiration of the twenty year period or successive ten year periods, a resolution is executed and recorded in public records, amending or revoking these restrictions in whole or in part.
 
Section 2:        This Deed of Restrictions may be amended or revoked with the approval of 2/3 of the votes cast by the Owners of Lots subject to the Deed of Restrictions.  The vote may be cast in person or by proxy at a meeting of the Owners of Lots subject to this Deed of Restrictions.  There is one (1) vote per Lot.  Votes are not divisible.  Cumulative voting is not allowed.
 
ARTICLE IV:  MEMBERSHIP
 
Section 1:        The Civic Association of Imperial Harbor, Inc. represents all of the properties within Imperial Harbor.  See By-Laws, Article III.
 
ARTICLE V:  RESIDENTIAL HOUSING
 
Section 1:        All manufactured homes placed on any Lot must be NEW.  The minimum size shall be 12 x 50 feet for a single-wide with a utility room at least 8 x 8 attached to the carport roof and 24 x 40 feet for a double-wide  with a utility room at least 8 x 8 attached to the carport roof and placement is subject to City setback and easement codes.
 
Section 2:        The State of Florida allows permanent housing to be constructed on a Lot in a manufactured community.  This type structure is permitted in Imperial Harbor provided it meets all state and local permitting and is constructed in a manner that is substantially compatible to the existing structures.  Two-story homes are not permitted.
 
Section 3:        Lots shall not be altered or improved in such a way as to interfere with the natural drainage into the waterways and lakes.
 
Section 4:        Any driveway extensions must meet City code and a Permit obtained prior to the work being performed and a copy given to the Association.  Carport extention roofs are permissible with like material as was used on existing carports.  No tarp, tent or other type structures are permitted in driveways.
 
Section 5:        Each Lot shall have a concrete driveway from the edge of the city street to the rear of the home.  The existing homes that do not meet this restriction are exempt until which time repairs are necessary.  At this point a concrete driveway from the edge of the city street to the rear of the home is required. 
 
Section 6:        The underside (foundation) of all homes must be screened, on all sides, with durable materials such as concrete block, aluminum or fiberglass panels  as is in accordance with current city code.
 
Section 7:        One freestanding shed/building may be erected on any Lot only with a legal Building Permit issued by the City of Bonita Springs prior to construction and a copy given to the Association.  Placement and construction of any shed shall conform with existing City Development Regulations.  Any existing freestanding shed that in the event deteriorates, is destroyed or in violation of City code shall be removed or made compliant with City Regulations.
 
The Association reserves the right to notify City Code Enforcement of any shed or similar structure that is actually or apparently in violation of City Code.
 
Section 8:        Boundary fences (enclosures) or structures are NOT PERMITTED.  Decorative screening adjacent to the Lot, for the purpose of concealing trash containers, recycle bins, grills and other items are permitted provided there are no more than 3 trash bins.  Fencing should be no larger than 4 x 8 and no more than 6 ft tall and attached to the house. 
 
Section 9:        All properties, including carports must be neat and free of clutter at all times, and in compliance with City Fire Codes.  Fines will be assessed for non-compliance. 
See Article XI, Section 1.
 
Section 10:      No external lights may create a nuisance.  Bright lighting must be shaded or shielded so as not to shine into neighboring windows.
 
Section 11:      Subsequent to the effective date of these restrictions, installation of any antenna of any type which rises four feet above the center line of the roof is prohibited.
 
Section 12:      No outdoor laundering is permitted and No laundry may be hung in carports or in any location except on portable drying poles.
 
Section 13:      No outdoor storage of any kind is permitted on any lot except that items may be stored under the mobile home if not visible from any side.  No wood or perishable items whatsoever may be stored outdoors.
 
Section 14:      One (1) flagpole per Lot is permitted.  Only Country or State flags may be displayed. 
 
The Association reserves the right to notify City Code Enforcement of any actual or apparent violation of City Codes.
 
ARTICLE VI:  BOATS, TRAILERS AND VEHICLE PARKING
 
Section 1:        No person shall live in any motor vehicle, boat, recreation vehicle, motor home, travel, construction or utility trailer of any description, parked on any Lot or within the Imperial Harbor subdivision at any time.  Boats, boat trailers or trailers of any description, tow dolly’s, and other similar devices may not be stored on any property unless these are stored in an enclosed area and not visible to onlookers.  RV’s, campers, boats and motor homes may be parked on the owner’s property, provided not on the grass, not to exceed forty-eight (48) hours to facilitate loading, unloading and maintenance.
 
Section 2:        All vehicles must be parked parallel with and completely on a paved driveway.  Overnight parking on grass or lawns is not permitted at any time.
 
The Association reserves the right to notify City Code Enforcement of any actual or apparent violation of City Code.
 
ARTICLE VII:  LANDSCAPING AND MAINTENANCE
 
Section 1:        Each Lot shall be covered with natural vegetation from the street to the rear.  Aggregate lawns are NOT PERMITTED.  Current lawns previously covered in aggregate are permitted to remain until such time as repairs are necessary (i.e. new stone or other maintenance).  At this time, vegetation must replace the current aggregate lawn.  Flowerbeds and planters are also exempted from this restriction, but gravel, stone, paving, concrete or other impervious surfaces covering more than 25% of the Lot area not covered by structures is prohibited. 
 
Section 2:        Lawns will be maintained at a height under 8”.  Should this requirement be ignored, in the interest of assisting the property owner in avoiding a citation from the City for Code Violation, The Association shall notify the property owner or responsible party, of the infraction.  Each owner who is not occupying his home site for a period of seven days or more shall make provisions for the maintenance of his yard.  If any owner fails to comply and the grass reaches a height of 8”, The Civic Association may notify the owner of the condition of his yard.  If the condition is not corrected within seven days from the date of notification, the said Civic Association may arrange for the proper yard maintenance, and the owner shall be responsible for paying the bill to the Association.  In the event the owner does not pay the bill within 90 days, the owner shall be liable for all court costs and reasonable attorney’s fees to collect these charges.
 
Section 3:        All trash, refuse and garbage must be kept in standard garbage containers.  All shrubbery cuttings must be tied in accordance with the applicable county ordinance.  Items for pick-up shall be placed at the edge of the pavement no sooner than 6:00 pm the night before collection and returned to house no later than 6:00 pm the day of collection.  No trash or garbage shall be burned on any lot.
 
Section 4:        Garbage, trash, shrubbery clippings, tree limbs and other such items shall not be placed in any canal, lake, body of water or upon the banks of any of the foregoing or in the streets within the subdivision.
 
Section 5:        Any holiday decorations may be put in place two (2) weeks prior to a holiday and must be removed within two (2) weeks after the holiday. 
 
Section3:         Animals.
A.     Only household pets and service animals shall be allowed.  NO DANGEROUS OR VICIOUS ANIMALS ARE PERMITTED.
B.     All animals must be on a leash when they are outdoors.
C.     All excrement must be collected immediately from any Lot, including the owners.
D.     Enclosures, including doghouses, wire cages, and fences of any kind, for the purpose of confining animals outside the home are not permitted.
 
The Association reserves the right to notify City Code Enforcement of any actual or apparent violation of City Code.
 
ARTICLE VIII:  ADVERTISING AND COMMERCIAL PEDDLING
 
Section 1:        One (1) FOR SALE or FOR RENT sign, no larger than 24” x 24” is permitted (City Code).  These signs must be placed 20 feet from the edge of the street and parallel perpendicular with the house.  No other commercial signs or banners of any kind are permitted. Signs of political or religious nature, or other signs or banners of any kind are not permitted in yards or on homes, carports or sheds.  Signs posted by the Civic Association or Imperial Harbor Club to advertise club activities and meetings are allowed.  No signs shall be placed on the City right-of-way.
 
Section 2:        Commercial peddling or soliciting of any type is NOT PERMITTED.  The sale of items to benefit charities shall be under the control of The Civic Association of Imperial Harbor, Inc.  No such charitable solicitation shall be undertaken without the written permission of the Civic Association and upon such terms as it may prescribe.
 
The Association reserves the right to notify City Code Enforcement of any actual or apparent violation of City code.
 
ARTICLE IX:  VIOLATION COMPLAINTS
 
Section 1:        All complaints concerning violations of the Deed of Restrictions must be in writing, signed and dated.  These should either be mailed or emailed to the Civic Association or hand delivered to a Board Director.  The Civic Association will not accept or address a complaint from non-Civic Association members.  Either the Civic Association or an Owner of Lot subject to this Deed of Restrictions may enforce the provisions hereof by suit for injunction, damages, or any other remedy provided by law.  In any such action, the prevailing party shall have the right to recover its reasonable attorney’s fees and costs from the non-prevailing party.
 
Section 2:        While it is the intention of the Civic Association to enforce the Deed of Restrictions on properties with signed Consent and Joinders only for the benefit of all property owners within the community, the Civic Association does not, by this paragraph, legally obligate itself to take any action on any complaint and reserves the right to leave the enforcement of the Deed of Restrictions concerning matters which, in its judgment, do not affect the general welfare of the community, to individual property owners.
 
Section 3:        The Civic Association is not responsible for the enforcement of City, County, State code violations.
 
ARTICLE X:  WAIVER OF RESTRICTIONS
 
Section 1:        The Civic Association shall at no time have the right to waive any express provisions of these restrictions.
 
ARTICLE XI:  FINES
 
Section 1:        Once a Lot has been notified of any Deed of Restriction Violation, if the violation is not remedied within 14 days a fine of $100 will be assessed the Owner.  If after 7 days after that (beginning 21st day) the violation still has not been addressed an additional fine of $25 per day will be assessed the owner.  Should the fine not be paid to the Civic Association and legal means has to be incurred to collect these fines, the owner of the Lot will be responsible for all reasonable litigation/legal fees.
 
ARTICLE XII: SEVERABILITY
 
Section 1:        In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
 
Add Chattel Shipping Clause (at Attorney’s suggestion)
 
 
 
 
 
 
 
 
 
Comments
Comment By: Douglas Gilliam
Posted on Feb 27, 2022

Street numbers 3" high, contrasting background
Stenciled on the end of the driveway
No garage alone on property
Existing fences to be protected from decay, trimmed

Last Edited: 03/01/2022 at 02:45 PM


Comment By: Douglas Gilliam
Posted on Feb 27, 2022

Mildew free homes and sheds

Last Edited: 03/01/2022 at 02:51 PM


Comment By: Stephanie OBrien
Posted on Feb 27, 2022

In Article VIII Section 5. I feel 2 weeks for decorations is too short a time. I would suggest 4 weeks.
I would like to see something that says a person may not rent out property for less than 30 days. This would eliminate VRBO and other short term rental options.

Last Edited: 03/01/2022 at 02:51 PM


Comment By: Nancy Gottshall
Posted on Feb 28, 2022

To the Civic Club, doing a great job, and the Amended Deed of Restrictions look great. Thanks to all.

Last Edited: 03/01/2022 at 02:51 PM


Comment By: Pamela Schmidt
Posted on Mar 2, 2022

Thankful for all of your efforts to keep our community neat, clean, safe, and respectful of each other.

Last Edited: 03/03/2022 at 10:54 AM


Comment By: Harvey and Cyndi Pederson
Posted on Mar 2, 2022

I disagree with holiday lights up 2 weeks before the holiday. Most people turn their Christmas lights on at least by Thanksgiving.

Last Edited: 03/03/2022 at 10:53 AM


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