The information provided on this page was copied from the original legal covenant document and converted into a “searchable” format. Every effort was taken to ensure the accuracy of the data but no guarantee can be given. Consequently, the information that is found on this page should be verified by reviewing the official covenants document.

Section 3

ASSOCIATION PROPERTY

Within any Preservation Area or any wet detention pond (as such ponds are designated by the SWFWMD), no Member shall remove any native vegetation (including cattails) that may become established therein. Article II Section 3

No Owner of a Lot within the IslandWalk at the West Villages may construct or maintain any building, residence, or structure, or undertake or perform any activity in the wetlands, wetland mitigation areas, buffer areas, upland conservation areas, wet detention ponds, jurisdictional wetlands, designated mitigation areas or designated drainage or conservation easements described in the approved permit and recorded Plats of the Total Lands, unless prior approval is received from SWFWMD, Sarasota Regulation Department, pursuant to Chapter 40D-4, Florida Administrative Code and Sarasota County’s Resource Protection Office. Article II Section 3

Section 7

COVENANTS REGARDING SINGLE -FAMILY HOMES, WITH EXCEPTIONS

The restrictions, covenants, and provisions set forth in this Section shall apply to single family Homes, not to include attached Homes or Quads, and may be modified, deleted, or supplemented by subsequent Amendment.

A. Maintenance of the Exterior of a single- family Home. Each Owner shall at all times be responsible for the maintenance, costs, and care of the exterior surfaces in good condition and repair of his or her single- family Home. The phrase “exterior surfaces of the single- family Home” shall include, but not be limited to, the party wall, attached wall, entry doors, garage doors, and roofing.

B. Failure to Maintain. In the event an Owner of any Lot shall fail to maintain the premises and the Improvements thereon, as provided herein, the Association, after notice to the Owner, shall have the right to enter upon any Lot to correct drainage and to repair, maintain and restore the exterior of the single family Homes and party fences and any other improvements erected thereon. All costs related to such correction, repair or restoration shall become a Special Assessment against such Lot.

C. Casualty Insurance. Each Owner of a single family Home shall maintain physical damage insurance for such Home in an amount equal to the replacement value of the Home. The Association may require that each such Owner provide proof of insurance. Should any such Owner fail to provide proof of insurance upon request, the Association may purchase the required insurance, and the costs of such insurance may be levied as a Special Assessment against such Home.

Section 8

COVENANTS REGARDING ATTACHED HOMES

Single family attached Homes: Without limiting the types of Homes which may be developed within IslandWalk at the West Villages, Declarant may construct for each single family attached Home within IslandWalk at the West Villages, excluding Quads, the restrictions, covenants, and provisions set forth herein shall apply to such attached Homes, and may be modified, deleted, or supplemented by subsequent Amendment.

A. Utility Easements. Each attached Owner grants to all other Owners owning an attached Home in the same Building a perpetual utility easement for water, sewer, power, telephone and other utility and service company lines and systems installed beneath or within the attached Home.

Any expense caused by the necessary access of authorized personnel of the utility or service company to service lines affecting all Homes within an attached Home Building, and which are located beneath or within the attached Home Building shall be shared equally by each of the attached Owners in the Building affected; provided, however, that where the necessary access by authorized personnel of the utility or service company is required because of the intentional or negligent misuse of the utility or service company line or system by an attached Owner, his lessee, licensee, invitee, or agent, any expense arising therefrom shall be borne solely by such Owner. Any expense caused by the necessary access of authorized personnel of the utility or service company to service lines located within the Association Property shall be paid by the Association as a Community Expense, or where appropriate, in the sole discretion of the Board, through a Neighborhood attached Homeowner Assessment.

B. Common Walls and Roof. The attached Homes comprising each Building are single family attached Homes with common walls, known as “party walls,” between each Home that adjoins another Home. The center line of a party wall is the common boundary of the adjoining Home.

Each common wall in an attached Home shall be a party wall, and any party to said wall, his heirs, successors, and assigns shall have the right to use same jointly with the other party to said wall as herein set forth. The term “use” shall and does include normal interior usage such as paneling, plastering, decoration, erection of tangent walls and shelving but prohibits any form of alteration which would cause an aperture, hole, conduit, break or other displacement of the original concrete or other material forming said party wall.

The entire roof of the attached Home building, any and all roof structure support, and any and all appurtenances to such structures, including without limitation, the roof covering, roof trim, and roof drainage fixtures, shall be collectively referred to as “shared roofing”.  If an attached Home is damaged through an act of God or other casualty, the affected Owner shall promptly have his Home repaired and rebuilt substantially in accordance with the architectural plans and specifications of the attached Home Building. In the event such damage or destruction of a party wall or shared roof is caused solely by the neglect or willful misconduct of an attached Owner, any expense incidental to the repair or reconstruction of such wall or shared roof shall be borne solely by such wrongdoer. If the attached Owner refuses or fails to pay the cost of such repair or reconstruction, the Association shall have the right to complete such repair and reconstruction substantially in accordance with the original plans and specifications of the affected building, and the Association shall thereafter have the right to specially assess said attached Owner for the costs of such repair and re-construction.

The cost of maintaining each side of a party wall shall be borne by the attached Owner using said side, except as otherwise provided herein.

No attached Owner shall authorize the painting, refurbishing or modification of the exterior surfaces or shared roof of his attached Home without the consent of the Architectural Control Committee.

C. Maintenance of the Exterior of the Attached Homes.  Each Owner shall at all times be responsible for the maintenance, costs, and care of the exterior surfaces of his or her Attached Home. The phrase “exterior surfaces of the Attached Home” shall include, but not be limited to, the exterior walls, entry doors, garage doors, and shared roofing.

Painting of an Attached Home must be done with the original paint code, or last paint code used for the Attached Home Building, and changing the color from the adjoining Attached Home is forbidden without the adjoining Owner’s permission, and approval by the Architectural Control Committee. If the Owners cannot agree on the need to repaint the Attached Home building or, having agreed on the need to repaint, cannot agree on the color selected, each Owner shall choose a member of the Board to act as their arbiter. The Board members so chosen shall agree upon and choose a third Board member to act as an additional arbiter.

Casualty Insurance. Each Owner of an attached Home shall maintain physical damage insurance for such Home in an amount equal to the replacement value of the Home. The Association may require that each such Owner provide proof of insurance. Should any such Owner fail to provide proof of insurance upon request, the Association may purchase the required insurance, and the costs of such insurance may be levied as a Special Assessment against such Home.

Section 14

QUADS

IslandWalk at the West Villages included attached Homes consisting of four dwellings (“Quads”). For purposes of this Section 14, the term Quads shall be used to distinguish the maintenance responsibilities of the Association to such Homes. With respect to the Quads, the Association shall be responsible for: 

(i) painting of all exterior painted portions of the Quads, including any garage, garage door, exterior doors, shutters and fascia; 

(ii) the Association shall levy a special assessment at the discretion of the Board of Directors for the repair and replacement of the roofs (including shingles and roof decking, but not roof trusses) of Quads, including garage roofs. The Association shall not establish reserves for Quad units’ roof repair and replacement; 

(iii) pressure cleaning of roof all the quads, the timing and necessity of which being determined by the Board in its sole discretion.

Casualty Insurance. Each Owner of an attached Quad shall maintain physical damage insurance for such Home in an amount equal to the replacement value of the Home. The Association may require that each such Owner provide proof of insurance. Should any such Owner fail to provide proof of insurance upon request, the Association may purchase the required insurance, and the costs of such insurance may be levied as a Special Assessment against such Home.