SANCTUARY ON SPRUCE CREEK

                                    SUMMARY OF COVENANTS & RESTRICTIONS (Amended)

            The following is a summary of the C&R’s. The language of each section may be paraphrased and is not all inclusive but only highlighting the salient points of each section, It is not meant to replace the C&R’s .  It also includes clarifying language to a section adopted by the ARC, but not printed in the C&R’s. The clarifying language does not alter the content of the section, it only provides a guideline and quick reference.  All Owners should take the time to read the entire Sanctuary on Spruce Creek legal documents.

Article VIII

Section 2. Review of proposed Construction Plans.  No Structure shall be erected, placed upon, altered or permitted to remain on any Lot unless and until the Owner of such Lot has submitted to the ARC and Application for approval…and such application has been approved by the ARC.

Section 3. The ARC shall respond in writing to all Applications…either approving the Application or specifying the reasons for any disapproval.  If the ARC fails or refuses to take action on an Application within forty-five (45) days after a complete Application is properly submitted (written acknowledgment of receipt is required), then such Application shall be deemed to have been approved by the ARC, and no further action of the ARC shall be required for the approval thereof.  Decisions of the ARC may be appealed in writing to the HOA Board within ten (10) days after delivery of the ARC’s decision. If Applicant fails to appeal within said ten 10) day period, the decision of the ARC shall be final.

Article IX

Section 1.  Dwelling Heights and Setback Requirements.  Residences shall not exceed 35 feet in height.  The Master Development Agreement with the City of Port Orange and plat specifies requirements for Lots.

Section 2.  Building Quality and Materials.  The ARC shall have final approval of exterior building materials for all Structures….

With regard to the above, the ARC has formulated the following Criteria for Back Yard Sheds as follows:

CRITERIA FOR BACK YARD SHEDS:

SIZE:  Footprint of shed should not exceed 8’x12’.

HEIGHT: Cannot be higher than 8’ from ground to roof peak and cannot extend more than 2’ above a 6’ fence.

ROOF MATERIAL:  Must be architectural shingles and match the color of the house roof or one of the ARC approved roof colors.

SHED MATERIAL: Side walls must be plywood, T1-11 composite wood siding or LP Smart Side engineered wood siding painted the same color as the house. (No plastic or aluminum material).

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LOCATION OF SHED: must be in rear yard and enclosed within a 6’ wood or PVC fence.  Sheds are NOT allowed in the side yard or front yard of any house.  Sheds are NOT allowed on any lake lots.  Sheds shall NOT encroach on any easement.

GOVERNMENTAL REQUIREMENTS:  City of Port Orange permit must be obtained for any shed.  All shed

installations must meet City of Port Orange building codes (which includes state and national hurricane standards).

Section 3.  Exterior Trim and Color Plan.  The ARC shall have final approval of exterior color plans for all Structures….

With regard to this section, the ARC has developed an extensive color palette of over 100 HOA approved colors for homeowners to choose from.  Color fans are available at the offices of Tout Management for applicants to review and choose colors. Applicant must then submit an Application to the ARC with their color choices for ARC approval.

Section 4.   Roofs.  The composition of all pitched roofs shall be either concrete or clay tile or a dimensional fiberglass or asphalt shingle creating an architectural detail of a type, style and color specifically approved by the ARC.  The color replacement fiberglass or asphalt shingles shall match, as close as possible, the original color…

With regard to this section, the ARC has designated the following roof manufacturers and roof colors to be used by homeowners:

ROOFING (asphalt roof shingles must be architectural in profile)

Approved Manufacturers and Colors (shingle sample required)

            GAF Timberline HD; color “Slate”               Tamko; color “Oxford Gray”

            Owens Corning; color “Estate Gray”             CertainTeed Landmark, color “Georgetown Gray”

NOTE:  Roof Drip Edge Color must be white, house body color or trim color

Section 5. Garages.  All garage doors shall be constructed of wood, metal or Masonite.  No corrugated metal or corrugated translucent fiberglass style garage doors shall be permitted.  Garages shall not be used for any purpose other than the storage of equipment and vehicles….

Section 6.  Driveways.  Unless prior written notice is obtained from the ARC, all driveways shall be constructed of gray concrete or decorative pavers to coordinate in color with the house colors.….

With regard to this section the ARC has allowed the following

(1)  The use of concrete paving stones for driveways. Homeowner must first submit and ARC application along with a sample of the material.

(2). Painting of existing driveway with Sherwin Williams “HOA Concrete” paint or stain. Homeowner must first submit and ARC application.

Section 7. Swimming Pools. …(e) No above ground pools shall be permitted, (f) all pool equipment shall be screened from view from the street.

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Section 8.  Fencing, Wall, Gates and Hedges. No fence, wall or hedge shall be erected, placed, altered, maintained or permitted to remain of an lot unless and until the height, type of materials and location have been approved in writing by the ARC.

In regard to the foregoing, the following specifics apply:

No fences in front yards.

Perimeter fences must be 6-foot-high, natural wood (no painted wood) or white PVC.

No chain link, iron or aluminum fences.

 Fence surrounds for a/c units or pool equipment can be 4-foot high

Easement restrictions for enclosing utility, drainage and vegetation easements are:

         If enclosing a vegetation easement, City of Port Orange Permit must be attached to Owner’s ARC application along with a landscaping plan. 

         If a fence encroaches on any easement, Owner is responsible for allowing access to said easement (including removing the fence if necessary) and for any financial loss that results.

         In order not to block the view of a retention area, no fences are permitted on Lots adjoining Parcels A,J,N,Q,and V.

         Owners are responsible for the maintenance and upkeep of their fence.

Section 9.  Air Conditioning Units.  No window air conditioning units shall be permitted.

Section 10.  Jalousie Windows. No jalousie or similar windows shall be permitted in a Structure.

Section 11.  Mailboxes. In accordance with this Section, the ARC has approved the following paint for repainting mailboxes:

For the body and top of the mailbox, paint with Kyron Color Maxx Paint and Primer indoor/outdoor gloss Hunter Green.

For the Numbers, Sharpe medium point paint pen, oil based point marker color YELLOW.

The Board is responsible for painting the support posts

12.  Landscaping.  No changes shall be made to the landscape plan for any Lot until such changes have received the prior written approval of the ARC…. Sodding with St. Augustine or Zoysia sod, or other alternative specifically approved in writing by the ARC, will be required on all disturbed areas of front side and rear yards on any Lot.  Each residence shall have shrubs along the front elevations.

Section 13.  Exterior Lighting.  All exterior lighting must be approved by the ARC prior to installation except for 2 entry door lights, 2 garage wall lights and 2 rear wall lights.  No individual light should be brighter than 1,000 lumens. The ARC shall review all exterior lighting plans in order to assure that said lighting does not unreasonably interfere with the use or enjoyment of other Lots.

Section 14.  Repair and Maintenance. It is the obligation of all Owners to maintain their Lots and the Structures located thereon in good and clean condition and repair, including but not limited to, the following: mow and edge their property; weed turf and beds; trim trees and

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shrubs; pest control and fertilization shall be performed; exterior painting; trash removal.  If owner fails in the upkeep of his property, the Board shall have the power but not the obligation to enter up such Lot and make the necessary repairs and bill the Owner for the costs incurred.

Section 15. Subsequent Modifications or Changes.  These guidelines may be amended by the ARC, so long as said changes do not materially alter the charter, nature or general scheme of the property.

Section 16.  Residential Use Only.  No Lot shall be used for any purpose except residential.

Section 17.  Sidewalks.  The Board is responsible for the maintenance and repair of sidewalks. If damage to the sidewalk is caused by the Owner’s negligence or the Owner alters the sidewalk without ARC approval, the Owner is responsible for the cost of the repairs.

Section 18. Parking Restrictions.  No type of vehicle shall be parked on any street right-of-way within THE SANCTUARY between 12:00 midnight and 6:00AM on any day.

Section 19.  Storage Restrictions:  No boat, trailer, house trailer, mobile home or camper shall be stored on any Lot except in an enclosed garage.  Commercial vehicles of any kind which contain any form of commercial lettering or advertising are not permitted stored or remain on any Lot except in a closed garage. Non-commercial cars and trucks may be parked upon the driveway or within the garage, but not on ay grassed area of the Lot or right of way.

Section 20.  Livestock and Animal Restrictions.  No livestock, poultry, pot-bellied pigs shall be raised, bred or kept on any Lot. Dogs, cats and other domesticated household pets may be kept, but not bred or maintained for any commercial purposes.  Not more than 4 domestic household pets (two of any one breed) may be kept or maintained at any dwelling.  Dogs, cats and other permitted pets shall be kept inside the house, one a leash or within a fenced area on a Lot.  Anyone walking their pets must use a leash and clean up and defecation.

Section 21.  Dumping; Incineration.  All Lots shall be kept and clear of rubbish, trash, garbage, weeds and underbrush.  Trash containers shall be kept within the enclosed portion of the house.

With respect to this section, the ARC has mandated

Trash should not be put at the curb any earlier than the night before pick-up and emptied cans should be removed as soon as possible after pick-up to prevent their blowing into the roadway;

If you hire a landscaper, the resulting waste must be removed by commercial landscapers in accordance with the City of Port Orange.

Landscaping waste created by an Owner should be put curbside no earlier than the day before scheduled pick-up by the City of Port Orange.

DO NOT put any trash or landscaping waste in the street blocking the “Miami” drainage channels.

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Section 22.  Restrictions on Activities.  No obnoxious or offensive activity shall be conducted or permitted to exist upon any Lot, nor shall anything be done or permitted to exist on any Lot that may be or may become a nuisance to any Owner.

Section 23. Clotheslines.  Clotheslines must be located within a screen enclosure, garage, or other enclosed area of the home, screened from view from any street and from the first floor of any adjacent home. 

Section 24.  Retention Areas and Drainage Easements.  Owners shall not make changes to any retention area or drainage easement within the Sanctuary including installing any retaining wall or similar structure, abutting any retention areas, or within any drainage easements, without the prior written approval of the ARC and or the Board of Directors.

Section 25.  Berms, Swales and Natural Vegetation Areas. 

No owner shall remove, destroy or in any way impair any berm or swale or drainage system or areas designated on the plat as Conservation Easements located upon or within an Owner’s Lot.

Owners shall maintain all grass areas located between the front property line of the Lot and the paved surface of the road. The Association shall have the right to enter any Lot in order to maintain any drainage system. The Owner will be liable for any damage caused to the drainage resulting from their negligence or intentional acts.

Section 26.  Vehicles and Repairs. Inoperative vehicles and trailers, or any other vehicle, without current tags, shall not be permitted to remain on any Lot or roadway for a period in excess of 48 hours, except within an enclosed garage.  There shall be no major repairs performed on any motor vehicle within the property except within an enclosed garage.

Section 27.  Antenna Restrictions. In accordance with new laws, there are no longer restrictions on the installation of antennas.  However, the ARC still has the right to determine where an antenna can be located. Owner must submit an ARC application regarding the installation and location of any antenna.  

Section 28.  Insect and Fire Control and Yard Maintenance.  This section grants the right, but not the duty, for the Association and its authorized agents to enter upon any lot with Tractors or other equipment for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth and to remove any trash which has collected on such Lot or mow an unkempt yard without beig deemed a trespass.  The costs incurred by the Association shall become a Special Assessment against the subject Lot, and shall in every respect constitute a lien on the Lot as would any other Special Assessment.

Section 29.  Signs.  Commercial signs or other signs are prohibited on any Lot, except with written permission of the Association and except as may be required by statute regulation or judicial.

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If permission is granted for any sign, the Association has the right to restrict the size, color and content of such signs.

Permitted signs:  Sign showing name of Owner and address of Lot not to exceed one square foot with letters not more than three inches in height and of a design approved by the ARC is permitted.

A single sign advertising the house and Lot for sale that meets the requirements of local codes is permitted.

Political signs are limited to one sign per Lot, no more than 24 inches wide and 18 inches tall being displayed no more than 30 days prior to election day and 7 days after election.

Section 30. Ornamental Statuary. No ornamental statuary of any type is permitted on any Lot which can be seen from the street or the first floor of any home on any other Lot unless ARC approved.  The ARC may limit the number and size of any ornamental statuary permitted on each Lot.

Section 31.  Window Coverings.  No reflective foil or other reflective film material is permitted on the glass of any windows, except for smoke or bronze colored film or glass.

Section 32.  Tree Removal Restrictions.  No trees over 6 inches in diameter and 2 feet high shall be removed without prior written approval of the ARC.  All requests for tree removal must be submitted in writing to the ARC, along with a plan showing the location of such tree and the reason for its removal. 

Section 34. Games and Play Structures.  All rear yard play structures which can be viewed from the street must be substantially street from view by a fence approve by the ARC All portable play structures (including basketball backboards) must be concealed within the residence or behind a fence approved by the ARC when not in use. Portable Play Structures may not be used within the common areas or roadways. Portable Play Structures may only be used between the hours of 8AM and 9PM daily.

Tree houses shall not be constructed on any Lot without prior written approval of the ARC.  It shall be a condition of any approval that the structure be substantially screened from view by adjoining lots.

With regard to the above, the ARC has formulated the following Criteria for Back Yard Play Structures as follows:

CRITERIA FOR PLAY STRUCTURES:

(1) Play structures must not exceed 7 feet in height and must not be visible from the street.

(2) Play structures must be in a fenced area.

(3) The play structure should not encroach upon any easements.

(4) Applicant must secure all necessary permits.

(5) Installation must meet City, State and National hurricane standards.

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Section 35.  Utility Connections.  Connections for all utilities shall be installed underground in a manner acceptable to the applicable utility authority and the ARC.

Section 36.  Easements.  Easements shall be established for the installation, construction, maintenance and repair of the Common Areas, utility facilities, communication facilities and other similar services.

The full Sanctuary Covenants & Restrictions can be viewed on the Tout Management web site.