These are the Amended and Restated Restrictions of Hidden River Subdivision, ("the Subdivision") according to the Plat thereof recorded at Plat Book 18, Pages 41 and 41A and the partial Replat thereof recorded at Plat Book 22, Pages 14, 14A and 14B, both of the Public Records of Sarasota County, Florida.
These Amended and Restated Restrictions revise, supplement and replace the Restrictions of the Subdivision recorded at Official Records Book 762, Page 324 et seq. Of the Public Records of Sarasota County, Florida and all previous amendments thereto and shall apply to all property within the Subdivision, to the extent allowed by law.
1. Except as hereinafter specified, no lot or parcel of land in the Subdivision shall be used for other than single family residential purposes.
(a) No residence shall be constructed on a parcel of less than five (5) acres. Each parcel of land of the Subdivision in contiguous ownership, of whatever size, shall be referred to herein as a "homesite". All building plans and specifications shall be submitted for approval by the Association prior to construction. Approval shall promptly be given in writing, unless there are substantial reasons for withholding such approval, provided the construction would not violate any of the restrictions set forth herein.
(b) Each main residence shall have a floor area of not less than one thousand, seven hundred and fifty (1,750) square feet exclusive of porches, breezeways, carports and garages.
(c) Private nurseries, greenhouses, small groves or gardens shall be permitted.
(d) Attached or unattached stables, garages, servant quarters or non-commercial guesthouses shall be permitted, but in no case shall more than two detached buildings be constructed on a homesite.
2. All dwelling houses shall be occupied for residential purposes only. No industrial use shall be made of any homesite. No commercial use shall be made of any homesite except the raising of cattle, horses, and ponies. No other animal of any kind shall be bred or maintained for commercial purpose on any homesite.
3. All owners shall comply with the setback requirements of the Sarasota County Zoning Code and shall obstruct no easement except as allowed by the entity owning the easement.
4. A twenty (20) foot easement of right-of-way along the rear lot lines and side lines is reserved for the purpose of constructing and maintaining facilities for furnishing property owners of this Subdivision with electricity, gas, water, sewer drains, drainage and other facilities. No structure shall be constructed in that easement.
5. The homesites of the Subdivision shall not be re-subdivided into smaller than five acres, and if resubdivided, shall be in tracts as nearly square as possible, and any plans and specifications proposed by the subdivider shall be submitted to the Association before subdividing.
6. No mobile home or other house trailer may be stored or maintained on any homesite. Recreational vehicles and campers are allowed but may not be used as a dwelling or residence.
7. All buildings with toilet facilities shall be equipped with septic tank and drain fields that conform to the sanitary and health laws of Sarasota County and the State of Florida.
8. No advertising signs shall be displayed to the public view on any homesite without first obtaining written approval of the Board of Directors, excluding temporary signs for a period of not more than seven (7) days. Real estate signs shall not exceed the size of 18" x 24" and shall be placed parallel to the road, set back not less than 20 feet from the center line of the road.
9. No unlawful or improper use shall be made of any property in the Subdivision, not shall anything be done thereon which may be noxious or offensive, which may constitute a health or fire hazard or which may become an annoyance or nuisance to the neighborhood.
10. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any homesite and said premises shall at all times be kept mowed and clear of debris. In the event that the owners of any homesite shall fail or refuse to keep the premises mown and free of weeds, underbrush and refuse piles, then the Association may enter upon said premises and remove such refuse or mow the homesite or cut such weeds or underbrush and charge the owner for such services. Such entry on the part of the Association shall not be deemed a trespass. Such charges, if not paid, shall bear interest at the maximum rate allowed by law and the Association shall have a lien for such charges and for such interest and for reasonable attorney's fees and costs incurred in collecting same. Any partial payment shall be applied first to interest, costs and attorney's fees and then to the charge due.
11. It is understood that the roads shown on the plat are to be used primarily for taxiways for aircraft.
12. The entity responsible for the maintenance, insurance, operation and improvement of the taxiways, runways, roads, drainage facilities, entrances, recreation areas and other common property of the Subdivision, and for the enforcement of the Restrictions, shall be Hidden River Association, Inc. ("the Association"), of which the owners of each homesite shall be a member. A homesite owner is entitled to cast one vote for each homesite owned and for which assessments are paid in full. The term "owner" shall include the singular and plural. Not more than one vote may be cast for each homesite. If a matter is presented for a vote to the homesite owners and the vote is less than that required for passage, the matter may not be presented again unless written notice of the new vote is given not less than 14 days prior to the second vote.
13. The Association shall levy, and the owners of each homesite shall pay an assessment for the purposes of the Association herein stated and for the operation of the association, in an amount, which shall be determined by dividing the annual budget by the number of homesites. The Board of Directors shall submit to the membership, not less than thirty (30) days prior to the annual meeting, a budget for maintenance and operations for the next calendar year. The approval of the majority of homesite owners present or represented by proxy at the annual meeting shall be required for adoption of the annual budget. The Association may also levy a special assessment for a stated purpose or purposes only upon written approval of the owners of not less than sixty percent (60%) of the homesites. The Association shall levy no dues or other assessments against its members and the homesite owners except as provided herein. The annual assessment and any special assessment shall be paid within thirty (30) days from notice thereof by the Association to each owner and, if not timely paid, shall bear interest at the maximum rate allowed by law. The Association shall have a lien on each homesite for the assessment and interest and for reasonable attorney's fees and costs incurred in collecting same. Any partial payment shall be applied first to interest, costs and attorney's fees, and then to the assessment due.
14. The Association may obtain and shall repay a loan from the United States Small Business Administration (USSBA) for the purpose of repairing and maintaining the dike which is adjacent to and which contains a jportion of the Myakka River, in order to protect the Subdivision from flooding, and for the purpose of rehabilitating or replacing other common property damaged or destroyed by the disaster which occured in June, 2003. The Association may mortgage common property and Pledge assessments and lien and collection rights to secure the loan and shall repay the loan by levying a special assessment which shall, notwithstanding any other provision hereof, be repaid in installments and otherwise as agreed between the Association and the USSBA. The loan and special assessment shall be used only for the purposes stated herein and for no other purpose. Notwithstanding the provisions of Article 13 hereof, no additional membership vote shall be required for the special assessment authorized by this Article 14 and the special assessment shall be irrevocable until the USSBA loan has been repaid in full. However, no draw upon the USSBA loan for an expenditure authorized herein, other than for repayment of the loan, may be made without the affirmative vote by written ballot of the owners of not less than sixty percent (60%) of the homesites. As used herein, "common property" shall have the same meaning as in Article 12 hereof, including but not limited to the property identified on Exhibit "A" to the Restrictions as "Reserved for Aviation Facilities" and "Reserved for Recreation Area".
15. If any homesite owner shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Association or any homesite owner to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either prevent him or them from doing so or to recover damages or other dues for such violations.
16. Invalidation of any one of these covenants by judgement or court order shall in no wise effect any of the other provisions, which shall remain in full force and effect.
17. It is expressly agreed and understood, by and between the parties subject hereto, that all covenants and agreements herein shall run with the land and be binding upon the heirs, executors, administrators, legal representatives, successors and assigns of the respective parties hereto, and that the word "owner" when used in the deed shall include the singular and plural, whenever and wherever the context so admits and requires.
18. These restrictions shall remain in force and effect for a period of thirty (30) years from date of ratification, but may be amended at any time by the owners of not less than sixty percent (60%) of the homesites signing and acknowledging an instrument in writing setting forth and consenting to an amendment.
