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.

All of the Committed Lands shall be held, used, and enjoyed subject to the following limitations and restrictions, and any and all additional Rules and Regulations which may, from time to time, be adopted by the Association:

Section 1

ENFORCEMENT

Failure of an Owner to comply with any limitations or restrictions in this Declaration or any of the IslandWalk at the West Villages Documents, or with any Rules and Regulations promulgated by the Association, shall be grounds for action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof.

Notwithstanding the rights of the Association hereunder to enforce to the terms and provisions of the IslandWalk at the West Villages Documents, the SWFWMD shall also have the right to take enforcement action, including a civil action for an injunction and penalties, against the Association to compel the Association to correct any failure by the Association to operate, maintain and repair the Stormwater Management System in accordance with the applicable environmental resource or surface water management permit issued for IslandWalk at the West Villages.

In addition to all other remedies, the Board may levy fines and/or suspensions against members, or members’ tenants or guests, or both, who commit violations of Chapters 720, Florida Statutes, the provisions of the IslandWalk at West Villages Documents, or the rules and regulations, or who condone such violations by their family members, guests or lessees. Fines shall be in amounts deemed necessary by the Board to deter future violations, but in no event shall any single fine exceed the maximum amount allowed by law. Suspensions of the use of Common Areas, facilities and common non-essential services (e.g. bulk cable tv and/or internet) may be imposed for a reasonable period of time to deter future violations. The procedure for imposing fines or suspending use rights shall be as follows:

(A) Notice. The party against whom the fine and/or suspension is sought to be levied or imposed shall be afforded an opportunity for hearing after reasonable notice of not less than fourteen (14) days, and the notice shall include:

(1) a statement of the date, time and place of the hearing;

(2) a short and plain statement of the specific facts giving rise to the    alleged violation(s); and

(3)  the possible amounts of any proposed fine and/or possible use rights     of Common Areas or facilities to be suspended.

(B) Hearing. At the hearing the party against whom the fine and/or suspensions may be levied shall have a reasonable opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved, and to review, challenge, and respond to any evidence or testimony presented by the Association. The hearing shall be conducted before a panel of three (3) residential Lot Owners appointed by the Board none of whom may then be serving as Directors or officers, or who are employees of the Association, or the spouse, parent, child, brother or sister of an officer, director or employee. If the committee, by majority vote, does not agree with the proposed fine and/or suspension, it may not be levied or imposed. If the committee agrees with the proposed fine and/or suspensions, the Board of Directors shall levy same.

(C) Suspensions and Fines without Hearing. The foregoing notwithstanding, as provided in 720.305(2)(b), Florida Statutes, no prior notice or opportunity for a hearing is required for the imposition of a fine or suspension upon any member because of the failure of the member to pay Assessments or other charges when due.

(D) Correction of Health and Safety Hazards.  Any violations of the Association rules which creates conditions of the property which are deemed by the Board of Directors to be a hazard to the public health or safety may be dealt with immediately as an emergency matter by the Association, and the cost thereof shall be charged to the Lot Owner.

Section 2

NUISANCES

No obnoxious or offensive activity shall be carried on or about the Lots or in or about any Improvements, Homes, or on any portion of IslandWalk at the West Villages, nor shall anything be done therein which may be or become an unreasonable annoyance or a nuisance to any Owner. No use or practice shall be allowed in or around the Homes which is a source of annoyance to Owners or occupants of Homes or which interferes with the peaceful possession or proper use of the Homes or the surrounding areas. No loud noises or noxious odors shall be permitted in any Improvements, Homes or Lots. In the event there is a question as to whether an activity or condition constitutes a nuisance, the Board’s determination shall be conclusive.

Section 3

PARKING AND VEHICULAR RESTRICTIONS

Vehicles shall not be parked overnight on Roads or swales. All commercial vehicles (i.e., any vehicle which has any exterior lettering or logo, or has visible tools or equipment), recreational vehicles, LSV’s (low speed vehicle), utility trailers, boats, watercraft, motorcycles, boat trailers, trucks rated more than one-half ton capacity (i.e., larger than a Ford F 150 of GMC 1500), non—passenger vans (i.e., any van which does not have installed seating for four or more passengers and does not have windows completely circling the exterior or is in excess of seventeen (17) feet in length), or any vehicles over eighty (80) inches in height shall be parked entirely within the garage of the Home, and shall not be parked on any part of IslandWalk at the West Villages, on any driveway serving any Lot or Home, or on any designated parking space within IslandWalk at the West Villages, except:

  1. recreational vehicle commonly called RV: For IslandWalk at the West Villages governance purposes, the term Recreational Vehicle or RV is defined as a motor vehicle or trailer which includes living quarters designed for accommodation. Resident, or lessee owned or leased RVs shall register the RV with the IslandWalk at the West Villages HOA by the next business hours of the HOA.  For the purposes of governing at the IslandWalk at the West Villages, RVs are further defined as:  motor homes, motor coaches, campervans, caravans (also known as travel trailers and camper trailers), fifth-wheel trailers, popup campers and truck campers.
  2. commercial vehicles, including but not limited to, U-Haul style trucks and trailers, vans, Trucks delivering goods or furnishing services temporarily during daylight hours and upon such portions of IslandWalk at the West Villages as the Board may, in its discretion, allow.
  3. Resident or lessee owned or leased RVs may be parked at the curb directly in front of the Owner’s Home for the purposes of loading/unloading the RV in preparation of, or from use, during daylight hours only, provided however that the RV is registered with the IslandWalk at the West Villages Association.

(i) Successive day RV curb parking is prohibited.

(ii) No non-resident or non-lessee owned or leased RV is allowed in IslandWalk at the   West Villages at any time.

The Association shall have the right to authorize the towing away of any vehicles in violation of this rule with the costs and fees, including attorneys’ fees, if any, to be borne by the vehicle owner or violator.

Owner vehicle repairs other than those that can be performed within the confines of a Homes garage are not allowed and are deemed by the Board to constitute a nuisance. No vehicle repairs are allowed except for Owner owned.

No garage shall be used as a living area.

No garage shall be altered in such a manner that the number of automobiles which may be parked therein after the alteration is less than the number of automobiles that could have reasonably been parked in the garage as originally constructed.

Section 4

NO IMPROPER USE

No improper, offensive, hazardous or unlawful use shall be made of any Home nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to any person using any portion of the IslandWalk at the West Villages. All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereover shall be observed. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereover relating to any Home shall be corrected by, and at the sole expense of, the Owner of the Home.

Section 5

LEASES

No portion of a Home (other than an entire Home) may be rented. No entire Home may be rented for a term of less than six (6) consecutive months. Not less than ten (10) days after the effective date of any lease, the Owner shall furnish to the Association a copy of the lease and any information that the Association shall reasonably require. All leases shall provide that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration, the Articles, the Bylaws, applicable Rules and Regulations, or of any other agreement, document or instrument governing the Homes. The Owner of a leased Home shall be jointly and severally liable with his or her tenant for compliance with the IslandWalk at the West Villages Documents and to the Association to pay any claim for injury or damage to property caused by the negligence of the tenant. Every lease shall be subordinated to any lien filed by the Association whether before or after such lease was entered into.

Section 6

ANIMALS, PETS, DANGEROUS REPTILES, AVIANS, SERVICE AND SUPPORT ANIMALS

No animals, pets, dangerous reptiles, dangerous avians shall be raised, bred, or kept on any Lot, except that dogs, cats, or other household pets may be kept on the Lot, provided they are not kept, bred or maintained for any commercial purpose, or in numbers deemed unreasonable by the Board. No Owner shall be permitted to maintain on his or her Lot any dog or dogs of mean or of violent temperament or otherwise evidencing such temperament.

Any pet must be temporarily caged, carried or kept on a leash when outside of a Home. No pet shall be kept tied outside a Home, in any exterior fenced area such as, but not limited to, a dog run or on any balcony patio or lanai, unless someone is present in the Home. No dogs will be curbed in any landscaped area or close to any sidewalk, but only in special areas designated by the Board, if any, provided this statement shall not require the Board to designate any such area. An Owner shall immediately pick up and remove any solid animal waste deposited by his or her pet.

The Owner shall compensate any person hurt or bitten by his or her pet, reptile, avian, Service Animal and Support Animal, and shall indemnify the Association and hold it harmless against any loss or liability of any kind or character whatsoever arising from or growing out of having any animal within the IslandWalk at the West Villages.

If a dog or any other animal becomes obnoxious to other Owners by barking or otherwise, or if the dog or other animal poses a reasonable physical threat to residents and/or other pets in the Board’s discretion, the Owner thereof must cause the problem to be corrected; or, if it is not corrected, the Owner, upon written notice by the Association, will be required to permanently remove the animal from the IslandWalk at the West Villages. The Association may promulgate Rules and Regulations from time to time designating other rules as necessary to regulate pets.

Section 7

ADDITIONS AND ALTERATIONS

No Home shall be enlarged by any addition thereto or to any part thereof, and no Owner shall make any improvement, addition, or alteration to the exterior of his or her Home or balcony, patio, or lanai if applicable, including, without limitation, the painting, staining, or varnishing of the exterior walls of the Home, also including doors, garage doors, patios, balconies, driveways and walkways, without the prior written approval of the ACC, as hereinbelow defined, which approval may be withheld for purely aesthetic reasons, and all applicable governmental entities. Additionally, no Owner shall make any improvement, addition or alteration to the interior of his or her Home that would affect the fire protection, electric, plumbing or other like system without the prior written approval of the ACC.

For purposes of this section, the area encompassing a lanai or patio, including but not be limited to; all walls, screening and pavers, is considered to be exterior.

Section 8

INCREASE IN INSURANCE RATES

No Owner may engage in any action which may reasonably be expected to result in an increase in the rate of any insurance policy or policies covering or with respect to any portion of the IslandWalk at the West Villages not owned by such Owner.

Section 9

SLOPES AND TREES

No Owner may engage in any activity which will change the slope or drainage of a Lot. No additional trees or other landscaping are permitted to be planted on the IslandWalk at the West Villages without the prior written consent of the ACC.

Section 10

SIGNS, BANNERS, FLAGS AND FLAGPOLES

No sign, banner, display poster or advertising device of any kind or nature whatsoever, specifically including, but not limited to political signs or materials, regardless whether temporary or permanent in nature many be displayed in public view on or about any portion of any building or improvement, residential or otherwise, or in any yard or other grounds, or in, on, or about any vehicle, including but not limited to golf cart, and LSV style vehicles, without prior written consent from the ACC. Signs, regardless of size, used by Declarant its successors or assigns, for advertising during the construction and sale period of IslandWalk at the West Villages or other communities developed and/or marketed by Declarant or its affiliates and other signs authorized by Declarant shall be exempt from this Section. Such sign or signs as Declarant may be required to erect under the terms of an Institutional Mortgage shall be exempt from this Section.

A. Exception.  Home security notification signs, such as, but in no manner to be limited to, ADT Security displayed for the purpose of alerting potential intruders to the presence of such a system are allowed subject to the condition they be placed within Association maintained mulched areas and, in such manner as to not interfere with lawn care or established walkways.

B. Flags.  Any Owner may display one official, unaltered, portable, removable United States flag and one official unaltered, portable, removable flag of the State of Florida, or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or a POW-MIA flag.  Any such flags shall be displayed in a respectful manner and be no larger than 4 1/2 feet by 6 feet. No more than two (2) of the enumerated flags shall be displayed at one time, provided however that one of the flags being displayed is an official, unaltered United States flag and further provided that any additional flag being displayed must be equal in size or smaller than the United States flag. (See: sec. 720.304(2)(a)).

Display of Flag:  In all matters related to flags and related accessories, the Owner shall contact the HOA and ACC Committee for latest instructions and requirements from local, state and Federal government prior to display.

C. Flag Pole. Any Owner may erect a freestanding flagpole no greater than 20 feet in height, if the flagpole does not obstruct sightlines at intersections and is not erected within or on an easement,  in accordance with Florida Statute, however, subject to all building codes, zoning setbacks and other applicable governmental regulations. The Owner is required to adhere to the requirements per Florida Statute, and the Owner will be subject to any and all remedial actions allowed by the City of North Port, and the governing documents of IslandWalk at the West Villages, and any associated monetary costs.

Section 11

TRASH AND OTHER MATERIALS

No rubbish, trash, garbage, refuse, or other waste material shall be kept or permitted on the Lots and/or Association Property, or other portions of the IslandWalk at the West Villages, except in sanitary, Association contracted services containers, Owner owned waste barrel, and/or commercially made yard bags stored only in the garage of each Home, or dumpsters designated for such purpose. and e.  No offensive odor shall be permitted to arise from the containers, barrels, or bags so as to render the IslandWalk at the West Villages or any portion thereof unsanitary, offensive, detrimental or a nuisance to Owners or to any other property in the vicinity thereof or to its occupants.  No, signs, stickers, decals, temporary or otherwise, or defacing of the containers, barrels or bags shall be attached in any manner to the containers, barrels, or bags.  Barrel and bag usage are to follow the same schedule regarding trash containers found immediately below in this Section.

No clothing or other household items shall be hung, dried, or aired in such a way as to be visible from the Association Property or another Lot.

No stripped vehicles, lumber or other building materials, grass, tree clippings, metals, scrap, automobile pieces or parts, refuse, or trash shall be stored or allowed to accumulate on any portion of the IslandWalk at the West Villages (except when accumulated during construction by Declarant, during construction approved by the Association, or when accumulated by the Association for imminent pick-up and discard). Trash shall be placed in front of each Home or in designated dumpsters no earlier than 5:00 p.m. the night before pick—up and containers, barrels, and bags shall be removed no later than midnight on the day of pick-up.

Section 12

TEMPORARY STRUCTURES

No tent, shack, shed or other temporary building or Improvement, other than separate construction and sales trailers to be used by Declarant, its agents and contractors, for the construction, service and sale of IslandWalk at the West Villages or other communities, and other uses by the Association in the performance of their business, shall be placed upon any portion of the IslandWalk at the West Villages, either temporarily or permanently. The Association, after review of Owner’s request, may issue permission for a temporary, not to exceed a twenty-four (24) hour period, small “pop-up” style canopy use within the Lot. No trailer, motor home or recreational vehicle shall be:

(a) used as a residence, either temporarily or permanently.

Section 13

OIL AND MINING OPERATIONS

No oil drilling, oil development operations, oil refining, boring or mining operations of any kind shall be permitted upon or on any Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.

Section 14

SEWAGE DISPOSAL

No individual sewage disposal system shall be permitted on any of the IslandWalk at the West Villages, provided that a central sewage disposal system is being operated in accordance with the requirements of the governmental regulatory body having jurisdiction over said central system.

Section 15

WATER SUPPLY

No individual water supply system shall be permitted on any of the IslandWalk at the West Villages, provided that a central water supply system is being operated in accordance with requirements of the governmental body having jurisdiction over said central system.

Section 16

LANDSCAPING

Any landscaping materials including but not limited to artificial vegetation or exterior sculpture planted or placed upon any Lot by the Owner shall be strictly limited as to number or quantity and must be approved in writing by the ACC as to both the number of such items placed and the placement of such items before installation or planting of same.  Once such written approval has been secured, any such items shall be promptly planted or placed and shall be maintained as the sole responsibility of the Owner in such manner as to not become unsightly to an objective observer.  It is the intent of the Association that artificial decorative materials shall be strictly limited in number.

A. Exception: Notwithstanding the above, any Owner may temporarily display “appropriate” and “respectful” exterior seasonal decorations from November 20 through January 10 only.  Any such seasonal decorations shall be located solely within Association maintained front and rear mulched areas, front door, and directly below the carriage style garage exterior lights.

Notwithstanding that an Owner has obtained the approval of the ACC to install landscape materials, as provided hereinabove, such installation shall be at the Owner’s sole risk. In the event any construction activity on an adjacent Lot causes damage to or destruction of such Owner’s landscape materials or any part thereof, the Owner on whose Lot the landscaping has been damaged shall be required, at the Owner’s expense, to repair or replace such landscape materials in conformance with the requirements of the Association’s approval of the initial installation of the landscape materials and Declarant shall have no liability for any such damage or destruction. Such repair or replacement shall commence as soon as construction on the adjacent Lot has been completed and shall be pursued with due diligence. For purposes of this paragraph, the term “landscape materials” shall include landscape materials located on or adjacent to any property line of a Lot, including, by way of example and not of limitation, hedges, shrubs and trees.

In addition, the installation of any landscaping placed upon any Lot is subject to easements which run with the land. In the event the grantee of any such easement which runs with the land (i.e., FPL), its successors and/or assigns, requires the removal of any landscaping upon the Lot, then the Owner of said Lot shall, at the Owner’s sole cost and expense, immediately remove the landscaping. If the grantee of any such easement fails to restore the removed landscaping, it shall be the Owner’s responsibility to restore any removed landscaping on the Lot to at least such condition as originally established by Declarant. The Owner of a Lot in installing any landscaping upon the Lot shall comply with all valid laws, zoning ordinances and regulations of the City and County governmental bodies, as applicable, in addition to Association approval.

Section 17

ANTENNAE

No outside television, radio, or other electronic towers, aerials, antennae, satellite dishes or device of any type for the reception or transmission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on any portion of the IslandWalk at the West Villages or upon any improvements thereon, unless expressly approved in writing by the ACC, except that this prohibition shall not apply to those satellite dishes that are one (1) meter (39.37 inches) in diameter or less, and specifically covered by 47 CPR. Part 1, Subpart S, Section 1.4000, as amended, promulgated under the Telecommunications Act of 1996, as amended from time to time. The Association is empowered to adopt rules governing the types of antennae which may be permitted and restrictions relating to safety, location and maintenance of antennae. The Association may also adopt and enforce reasonable rules limiting installation of permissible dishes or antennae to certain specified locations, not visible from the street and integrated with the IslandWalk at the West Villages and surrounding landscape, to the extent that reception of an acceptable signal would not be unlawfully impaired by such rules and provided the cost of complying with such rules would not unreasonably increase the cost of installation of permissible dishes or antennae. Any permissible dishes or antennae shall be installed in compliance with all federal, state and local laws and regulations, including zoning, land-use and building regulations. Further, any Owner desiring to install permissible dishes or antennae shall submit plans and specifications for same to the Association to ensure compliance with the Association’s rules, if any, governing the types of permissible antennae and restrictions relating to safety, location and maintenance of antennae. This Section 17 shall not apply to Declarant.

Section 18

GARAGES

No Owner shall enclose any portion of their garage or convert their garage into living space. No garage shall be altered in such a manner that reduces the number of vehicles that could have reasonably been parked in the garage as originally constructed. When not in use, Owners shall keep their garage doors closed. Each Owner shall keep their garage free from clutter so that at all times their vehicle can easily be parked in their garage.

Section 19

CONVEYANCES, TRANSFER AND ENCUMBRANCES OF HOMES

In order to assure a community of congenial residents and thus protect the value of the Homes in IslandWalk at the West Villages, the sale or lease of Homes shall be subject to the following provisions:

(a) Notice to Association. Not less than 20 days prior to:

(i) the date of any closing of a sale, or

(ii) the effective date of’ any lease; the Owner shall notify the Association in writing of his or her intention to sell or lease his or her Home and furnish with such notification a copy of the contract for purchase and sale or a copy of the lease, whichever is applicable. Except as provided in paragraphs (c) and (1) below, it is not the intention of this Article to grant to the Association a right of approval or disapproval of purchasers or lessees. It is, however, the intent of this paragraph to impose an affirmative duty on the Owners to keep the Association fully advised of any changes in  occupancy or ownership for the purposes of facilitating the management of the  Association’s membership records. As this Article is a portion of the Declaration which runs with the land, any transaction which is  conducted without compliance with this Article may be voidable by  the Association.

(b) Lease Agreement Terms. Any and all lease agreements between an Owner and a lessee of such Owner shall be in writing, shall provide for a term of not less than six (6) months, and must provide that the lessee shall be subject in all respects to the terms and provisions of this Declaration and that any failure by the lessee under such lease       agreement to comply with such terms and conditions shall be a material default and breach of the lease agreement. The lease agreement shall also state the party who will be responsible for the assessments as stated above, and it shall be the obligation of all Owners to supply the Board with a copy of said written agreement prior to the lessee occupying the premises. An Owner, by leasing his Home, automatically delegates his right of use and enjoyment of the Association Property and facilities to his lessee; and in so doing, said Owner relinquishes said rights during the term of the lease agreement.

(c)  Association Approval. Upon receipt of a copy of the contract for purchase and sale or a copy of the lease, the Association shall within ten (10) business days, issue a Certificate indicating the Association’s approval of the transaction. In the event of a sale it shall then be the responsibility of the purchaser to furnish the Association with a recorded copy of the deed of conveyance indicating the Owner’s mailing address for all future assessments and other correspondence from the Association. Provided, however, prior to the issuance by the Association of a Certificate indicating the Association’s approval of the transaction, the purchaser or lessee shall be required to agree to comply with the   Rules and Regulations of the Association.

(d) Delinquent Owners. Notwithstanding the provisions above, in the event that an Owner is delinquent in paying any assessment, or the Owner or his buyer, family, guests, agents, licensees or invitees are not in compliance with any provisions of the IslandWalk at the West Villages Documents, the Association has the right to disapprove of any sale; and in the case of a lease, the right to disapprove of and to void any lease at any time prior to or during the leasehold tenancy until any delinquent assessment is paid and/or until any violation of the IslandWalk at the West Villages Documents is corrected.

(e) Any person who becomes an Owner by gift, devise or conveyance shall within ten (10) days after such transfer furnish the Association with his or her name and such other information as the Association may reasonably require.

(f)  If an Owner should die and the title to his or her Lot shall pass to his or her surviving spouse or to any immediate member of his or her family, such successor in title shall fully succeed to the ownership, rights, duties and obligations of the Owner.

(g) Rights of Institutional Mortgagees. The provisions of this Section 19 shall in no way be construed as affecting the rights of an Institutional Mortgage owning a recorded institutional first mortgage on any Lot and the rights hereinabove set forth shall remain subordinate to any such institutional first mortgage. Further, the provisions of this Section 19 shall not be applicable to purchasers at foreclosure or other judicial sales of Institutional Mortgagees, or to transfers to Institutional Mortgagees or to Declarant.

Section 20

CLOTHLINES

No clothesline, or other similar device shall be allowed in any portion of the IslandWalk at the West Villages, unless within a Home and concealed from view from all other portions of the IslandWalk at the West Villages, or to the rear of the Home and concealed from view from all other portions of the IslandWalk at the West Villages and from the surrounding public areas. No towels shall be permitted to be hung from the balconies.  No clothesline or other similar device shall be erected without application to, and permission received from the ACC.

Section 21

GARAGE SALES

No garage sales, estate sales, yard sales, moving sales, or any other sales that invite the public, shall be carried on in or about IslandWalk at the West Villages.

Section 22

HURRICANE SEASON

Each Owner who plans to be absent from his or her Home during the hurricane season must prepare his or her Home prior to his or her departure by removing all furniture, potted plants and other movable objects, if any, from his or her balcony, patio, and/or Lot, and designate a responsible firm or individual satisfactory to the Association to care for the Home should the Home suffer hurricane damage. Such person or firm shall also contact the Association for permission to install temporary hurricane shutters, which must be removed when no longer necessary for storm protection. Other than shutters installed by Declarant, at no time shall permanent hurricane shutter be permanently installed without the prior written approval of the ACC. Storm shutters and panels which are not permanently installed shall be put in place or closed not more than ten (10) days before and ten (10) days after a storm event (a “storm event” is defined as a meteorological event in which winds in excess of fifty (50) miles per hour and rainfall has occurred, or is expected to occur), unless the  Association grants an exception.

Small, clear, hurricane shield may be permanently attached on the exterior bathroom window.

Enclosures that have been approved by the ACC, that are not made of completely opaque material, and that are designed to screen the lanai only, for privacy, rain, wind and/or shade, (for example “Storm Smart” style roll-up screening installed within or on lanai openings) will not be considered hurricane shutters for purposes of the above referenced ten (10) day restriction.  Such wind screens when installed may be opened or closed at Owner discretion.

Section 23

ENCLOSURES

No enclosures of any kind, including but not limited to, glass and screen enclosures, shall be constructed or placed on the balconies, patios, or, Lanais if applicable, without the prior written approval of the ACC.

Section 24

RESIDENTIAL USE

The IslandWalk at the West Villages shall be used only for single family, residential, recreational, and related purposes. The Homes and Association Property may be used only for residential and recreational purposes, with certain flexibility in assigning and reassigning various land uses to the real property within IslandWalk at the West Villages (which may include, without limitation, offices for any property manager retained by the Association or business offices for Declarant and the Association, and limited commercial capacities). The Supplemental Declaration or other creating document for any Neighborhood may impose stricter standards than those contained in this Article IX. The Board shall have standing to enforce such standards.

Section 25

OCCUPANTS BOUND

All provisions of the IslandWalk at the West Villages Documents and of any Rules and Regulations or Use Restrictions promulgated pursuant thereto which govern the conduct of Owners, and which provide for sanctions against Owners, shall also apply to all occupants of any Home.

Section 26

LIGHTING

Except for seasonal decorative lights, which may be displayed between November 20, and January 10 only, all exterior lights must be approved in writing by the ACC. More specifically, but not limited to, exterior flashing lights, multi-colored lights, strobe lighting, annoyance level of brightness lighting, is not allowed. For purposes of this Section 26, a lanai is an exterior area.

Section 27

LAKES AND WATER BODIES

All lakes, canals, and water bodies shall be primarily aesthetic amenities and all other uses thereof, including, without limitation, fishing, boating, swimming, playing, or use of personal flotation devices, shall be subject to the Rules and Regulations promulgated by the Board. The Association shall not be responsible for any loss, damage or injury to any person or property arising out of the authorized or unauthorized use of the lakes, canals, or water bodies within the IslandWalk at the West Villages. The ponds within IslandWalk at the West Villages contain littoral areas, which are required by State and County regulations to be vegetated with native plants, and maintained in perpetuity. Littoral areas aid in shoreline stabilization and nutrient uptake, and provided habitat for native animal species. No Owner shall alter vegetation growing upon a littoral area without written authorization from Sarasota County’s Resource Protection office. Alteration shall include, but not be limited to, cutting, mowing, pulling, planting, and the introduction of grass carp.

Section 28

WINDOWS

All draperies, curtains, shades, or other window coverings installed in a Home, and which are visible from the exterior of the Home, shall have a white backing, unless otherwise approved in writing by the ACC.

Section 29

POOLS

No above ground pools shall be erected, constructed or installed on any Lot.

Section 30

IRRIGATION

No sprinkler or irrigation systems of any type which draw water from lakes, rivers, ponds, canals or other ground or surface waters within the IslandWalk at the West Villages shall be installed, constructed or operated by an Owner within the IslandWalk at the West Villages unless prior written approval has been obtained from the ACC and such sprinkler or irrigations systems are not prohibited by County regulations.

Section 31

DRAINAGE AND SEPTIC SYSTEMS

Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Person, other than Declarant, or the Southwest Florida Water Management District, may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. Declarant hereby reserves a perpetual easement across the properties for the purpose of altering drainage and water flow. Septic systems are prohibited in IslandWalk at the West Villages.

Section 32

TREE REMOVAL

No trees shall be removed, without the Association’s approval and, also, the issuance of a permit to do so by local and/or State governing authorities.

Section 33

SIGHT DISTANCE

All property located at street intersections shall be landscaped so as to permit safe sight across street corners. No fence, wall, hedge, shrub, or planting shall be placed or permitted to remain where it would create a traffic or sight problem.

Section 34

BUSINESS USE

The Lots shall be used solely for single family purposes. Nothing herein shall be deemed to prevent an Owner from leasing a Home to a single family, subject to all of the terms, conditions, and covenants contained in this Declaration. An in-home office or business may be allowed if there is no impact to the street and/or immediate neighbors by way of traffic volume, including street parking, noise, signage, products within view from the street or sidewalk, and after receiving written permission from the Association.  It is the in-home office business owner’s responsibility to obtain any and all business permits, and submit reporting, required by law.  Vehicle repair restrictions are found in Section 3 of these DCCR’s.  Nothing contained herein shall prohibit Declarant from carrying on any and all types of construction activity necessary to complete IslandWalk at the West Villages, including the construction and operation of a sales model and office by Declarant until all of the Lots have been sold.

Section 35

GOLF CART

Golf cart operators must be at least 16 years of age. All golf carts leased, owned, or otherwise used by Owners must be electric powered (except for any non-electric powered golf carts as of the date that this amendment is recorded, which are grandfathered), may be parked, placed, or stored only in the garages of each Home. No golf cart shall be placed, parked, or stored on the lawn of any Home or on any portion of the Association Property, unless such area is specifically designated as a golf cart parking area by the Board. Owners of golf carts, by operating same within IslandWalk at the West Villages shall be presumed to have released Declarant and the Association of all liability arising from an Owner’s use of their golf cart. Each year, the owners of golf carts shall upon request provide the Association with proof of liability insurance in connection with the operation of their golf carts, and such insurance shall have such limits as shall be approved by the Association in its sole discretion. Each such insurance policy shall name the Association as an additional insured, and shall provide the Association with thirty (30) days’ notice prior to its cancellation. An Owner who uses a golf cart shall be held fully responsible for any and all damages resulting from the misuse of a golf cart caused by the Owner, their family members, guests, licensees, invitees, employees, or agents, and the Owner shall reimburse the Association for any and all damages the Association may sustain by reason of such misuse. Such damages shall be collectible as a Special Assessment pursuant to the procedures for such assessments set forth herein.

Section 36

UNSIGHTLY CONDITIONS

All weeds, rubbish, debris, or unsightly materials or objects of any kind shall be regularly removed from the Homes and Lots, and shall not be allowed to accumulate thereon. All machinery, , and equipment, grills, lawn chairs, bicycles, other similar items of personal property, and other Association unauthorized objects shall be obscured from view of adjoining streets, Homes, Lots or Association Property. All Homes and/or Lots shall be kept in a clean and sanitary condition and no rubbish, refuse, or garbage shall be allowed to accumulate, or any fire hazard allowed to exist. In the event an Owner fails to maintain his Home and/or Lot as required, for a period of at least thirty (30) days, the Association shall have the right, exercisable in its discretion, to clear any rubbish, refuse, or unsightly debris and/or growths from any Home and/or Lot deemed by the Association to be a health menace, fire hazard or a detraction from the aesthetic appearance of IslandWalk at the West Villages; provided, however, that at least fifteen (15) days prior notice shall be given by the Association to the Owner of such Home and/or Lot before such work is done by the Association. In the event the Association, after such notice, causes the subject work to be done, then, and in that event, the costs of such work, together with interest thereon at the maximum rate permitted by the usury laws of the State of Florida, shall be charged to the Owner and shall become a lien on the Home and/or Lot, which lien shall be effective, have priority and be enforced pursuant to the procedures set forth in this Declaration.

Section 37

SUBDIVISION OF HOME

Homes shall not be further subdivided or separated by any Owner, and no portion less than all of any such Home, nor any easement shall be conveyed or transferred by an Owner; provided, however, that this shall not prevent corrective deeds, deeds to resolve boundary disputes and other similar corrective instruments. Declarant, however, hereby expressly reserves the right to subdivide, replat, or otherwise modify the boundary lines of any Home or Homes owned by Declarant. Any such division, boundary line change, or replatting shall not be in violation of the applicable County subdivision and zoning regulations.

Section 38

ENERGY CONSERVATION EQUIPMENT

All solar heating and air conditioning apparatus must conform to the standards set forth in the HUD Intermediate Minimum Property Standards Supplement, Solar Heating, and domestic Water Systems. No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed unless it is an integral and harmonious part of the architectural design of a structure, as reasonably determined by the ACC. No solar panel, vents, or other roof-mounted, mechanical equipment shall project more than one and one half (1.5) feet above the surface of the roof of a Home; and all such equipment shall be painted consistent with the color scheme of the roof of the Home. This provision is not intended to prohibit the use of solar energy devices.

Section 39

RECREATIONAL FACILITIES

All recreational facilities and playgrounds furnished by the Association or erected within the Committed Lands, if any, shall be used at the risk of the user, and the Association shall not be held liable to any person or persons for any claim, damage, or injury occurring thereon or related to use thereof.

Section 40

RULES AND REGULATIONS

The Owners shall abide by each and every Rule and Regulation promulgated from time to time by the Board. The offending Owner (for himself or for his family, guests, invitees, or lessees) shall be liable to the Association for all costs incurred in the enforcement action, including reasonable attorneys’ fees, whether incurred in trial or appellate proceedings or otherwise.

Section 41

DECLARANT EXEMPTION

Declarant plans to undertake the work of constructing Homes and Improvements upon the IslandWalk at the West Villages and may undertake the work of constructing other buildings upon adjacent land or other property being developed or marketed by Declarant or its affiliates. The completion of that work and the sale, rental and other transfer of Homes is essential to the establishment and welfare of the IslandWalk at the West Villages as a residential community. In order that such work may be completed and a fully occupied community established as rapidly as possible, neither the Owners nor the Association shall do anything to interfere with Declarant’s activities.

In general, the restrictions and limitations set forth in this Article IX shall not apply to Declarant or to Homes owned by Declarant. Declarant shall specifically be exempt from any restrictions which interfere in any manner whatsoever with Declarant’s plans for development, construction, sale, lease, or use of the IslandWalk at the West Villages and to the Improvements thereon. Declarant shall be entitled to injunctive relief for any actual or threatened interference with its rights under this Article IX in addition to whatever remedies at law to which it might be entitled.