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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16,2006 May 1,2006 (Noon) [8] July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [8] Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 18, 2006 City Commission Agenda under Public Hearing. The Planning and Development BQard, recommended that the subject request be approved on June 27, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-127. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Lakes North (MPMD 06-002) Fred Freimann, President of Boynton Lakes North Homeowners Association Boynton Lakes North Homeowners Association Southeast comer of Congress Avenue and Hypoluxo Road Request for Master Plan ModifIcation of the Boynton Lakes North P.U.D. to reduce the minimum rear yard setbacks for water lots from ten (10) feet to two (2) feet for hard roof enclosures and from five (5) feet to zero (0) feet for screened roof enclosures, and to reduce the minimum rear yard setbacks for interior or non-water lots from ten (10) to five (5) feet for hard roof enclosures and from five (5) feet to two (2) feet for screened roof enclosures. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Devel City Manager's Signature A"U ~ Planning' and Zo n Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes\Boynton Lakes North\MPMD 06-002\Agenda Item Request Boynton Lakes North MPMD 06-002 7-18-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 06-127 STAFF REPORT TO: Chair and Members Planning and Develo~et Board and City Commission Michael W. Rump;W Director of Planning and Zoning Ed Breese ~ Principal Planner THRU: FROM: DATE: June 19, 2006 PROJECT NAME/NO: REQUEST: Boynton Lakes North MPMD 06-002 Master Plan Modification of the Boynton Lakes North P.U.D. to reduce the rear yard setback of water lots from ten (10) feet to two (2) feet for construction of hard roof enclosures and from five (5) feet to zero (0) feet for screened roof enclosures, and to reduce the rear yard setback for interior or non-water lots, from ten (10) feet to five (5) feet for construction of hard roof enclosures and from five (5) feet to two (2) feet for screened roof enclosures. PROJECT DESCRIPTION Property Owners: Boynton Lakes North Homeowners Association, Inc. Location: Boynton Lakes North (P.U.D.), east side of Congress Avenue between Hypoluxo Road and LWDD l-19 Canal(see Exhibit "A" - Location Map) Existing Land Use/Zoning: Low Density Residential (LDR)/ Planned Unit Development (PUD) Proposed Land Use/Zoning: No changes proposed Proposed Use: Rear Setback Amendment for building additions and screen rooms Acreage: 54.7 Acres Adjacent Uses: North: Right-of-way of Hypoluxo Road, then farther north Single-family residential in unicorporated Palm Beach County. South: Right-of-way of LWDD L-19 Canal, then farther south Single-family residential (Boynton Lakes South) classified Low Density Residential (LDR) and zoned PUD; Right-of-way of LWDD E-4 Canal, then to the northeast single~family residential in unlcorporated Palm Beach County and to the southeast High Ridge Country Club East: Staff Report Memorandum No PZ-06-127 Page 2 classified Recreational(R) and zoned Recreation (REe); and West: Right-of-way of Congress Avenue, then farther west single-family residential (Meadows P.U.D.), classified Low Density Residential (LDR) and zoned PUD. BACKGROUND The Boynton Lakes North Homeowners Association is requesting that the Master Plan for Boynton Lakes North P.U.D. be modified to reduce the minimum rear yard setbacks for building additions and screened roof enclosures, as described within the attached letter of request. More specifically, the request is to reduce the rear yard setback of water lots from ten (10) feet to two (2) feet for construction of hard roof enclosures and from five (5) feet to zero (0) feet for screened roof enclosures, and for interior or non- water lots, reduction in the rear yard setback from ten (10) feet to five (5) feet for construction of hard roof enclosures and from five (5) feet to two (2) feet for screened roof enclosures (see Exhibit "C'l. The subject P.U.D. is a mix of housing types, comprised of four (4) residential plats, totaling 54.7-acres. The P.U.D. is located on the east side of Congress Avenue between Hypoluxo Road and the LWDD L-19 Canal (see Exhibit "A" - location Map). The HOA has indicated that they have received numerous requests from residents to construct small additions at the rear of their homes, but in many cases have been unable to do so due to the lot regulations contained within the Master Plan. Typical non-cul-de-sac lots are dimensioned 50 feet in width by 90 feet in depth. Also, there are a group of lots within Plats 5 and 6 which are typically 24 feet in width and 90 feet in depth, accomodating townhousejvilla type structures. In the original Master Plan, the approved minimum rear yard setbacks were 15 feet. City records indicate that an amendment to the minimum rear setback was approved in September 1989 to allow a 10 foot rear yard setback. Chapter 2.5, Planned Unit Development, of the City land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The purpose and intent of setbacks is to create separation between units, principally for safety and maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be setback a certain distance from the property lines. Also, the impression or feeling of density and openess are affected by setbacks. In some cases, residents are willing to forego a sense of openess in order to accommodate a building addition for the changing needs of the family, versus the need to relocate from a neighborhood they are comfortable with, to gain the additional living area needed. The Plats for Boynton Lakes North depict the arrangement of lots in a manner in which all lots appear to have rear property lines that abut either water bodies (i.e. lakes or canals) or common area/open space owned by the Homeowners Association. As such, individual lots do not share a common rear property line, thus providing seperation not typically seen in standard subdivisions. The rear yards of these Plats abut canals with rights-Of-way between 75 and 170 feet in width, large lakes that are a minimum of 140 feet in width at the narrowest point, and common areas ranging from 2 acre parks to association-owned property between 12 and 90 feet in width. This request was reviewed for consistency with the P.U.D. development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the request by Staff Report Memorandum No PZ-06-127 Page 3 focusing on the subject P.U.D. and comparing it with other planned residential developments that exist throughoutthe city. Staff found that two other P.U.D.'s, lawrence Oaks and lakes of Tara, allow screen rooms with a zero (0) rear yard setback. In the case of lawrence Oaks, the zero rear yard setback is only for those lots abutting lakes, buffers or preserve parcels. In both cases, like Boynton Lakes North, the affected rear property lines are not shared between neighbors, they abut lakes or open space/common area. Additionally, Lawrence Lake P.U.D. allows screen enclosures with a three (3) foot rear yard setback, since all of the lots within the subdivision abut the lake. similiarly, a previous Master Plan modifcation for Boynton lakes North was approved by the City in 2003, which allowed an amendment for rear yard setbacks on those few lots on Hastings Lane (Plat 4), that abut the lWDD E - 4 Canal. The request was identical to that now being requested by the Homeowners Association for the entire P.U.D., to reduce the current ten (10) foot rear setback to two (2) feet for hard- roof room additions for those lots abutting water bodies. The Homeowners Association is attempting to create a revised set of regulations, based upon feedback they have received, that would allow residents more options in the use of their property and construction of improvements. Therefore, they are also requesting slightly more restrictive rear setbacks for non-water lots (those lots abutting common/open space), while still providing an opportunity for additions to their homes. These non-water lots would, under their proposal, have a reduction in the rear yard setback from ten (10) feet to five (5) feet for construction of hard roof enclosures. In all cases, these improvements would all occur within each individual property owner's current property/lot lines, with absolutely no construction allowed on Homeowner Association property. In some instances, there are utility easements on the rear of certain lots. Any lots containing a rear utility easement would be required to keep any improvements outside of these easements or the individual homeowner may file for an abandonment of said easement, in order to utilize a greater portion of his/her individual lot. After reviewing the setback regulations within other P.U.D. developments and recognizing the unique nature of the lot arrangement within these Plats, where lots do not directly back up on one another (share a common rear property line), staff believes the request to be beneficial to the homeowners while not creating any adverse impacts or jeopardizing safety. RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non-substantial, and approved subject to the comments included in Exhibit "D" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes North\MPMD 06-002\Staff Report.doc ... 1 in. = 329.8 feet Boynton Lakes North Exhibit A F~ ',- f". , f:;,~', , .. ':.:1/ .. ['\.':08..(- ~: :,' ! ". ~ I: ! ~,.' (; ~':~ ~- I ~. ." i, Cl! o -< :2: ;'lid "lJI :2: .,. ll> ~. I' i r- l> ,... ,. "0 ~ i' & !A, iii..., COr- 1)>0 (;j-l "':2: P ~ '~ II .0 . : E S ; i ~~f:! =~:s: '! . < tr ~ ~ ~ .. ~ 'b"( I i J ~ ~ ~ , I:j.... ~ - (;l ~ I : ~, I ~ ~ t: , j", !li ~ ~ I" ~ ' '': ,..r~, , ~;~;;:_;G . 'I'.' -, .;:,~;.~ <;":" : EXHIBITB '" (.'26' R.~II'1 .. N . .. ~- .. co I ~ .. .. .. E ~- .. "" ~ - ~ .to,. ,~ 0::> .." ~ ... y'Y fr .0<..:;)- )-~b NOT PLATTED 4 BLI(D I~'l iJ ~. . ." ~~ · I l ,_ '! I ~ J i III !~ ! /_ lr~ If! . ~ f 'J l BOYNTON, .....N.. LAKES &4 I, :~. ---'" '., ~. .....:...--. ~- ~.~. ."- -'"-:- -. '" --- ~ ~ ~~ ~ ~ C) :::! (;) ~ ~" ~<)_Ol~ ~~.... ~ ~ (;) ~ t.: <) ~ ~ ...~ ~::t ~ I'" ~~ ,"'( <) (;) I (;):;:s l::::""~ iO ~~Ol ~""~<f) "'( (;) '" ~ ~ ~ ~ ~~ .... 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EXHIBIT B EXHIBIT B I I }I 5' () ,}"/\l1"O IV l Aiel'S Pl.,41" lie :.Y , ~ 10. I I I. i~'1 t:.~ /:/ ..0(,',', ~ ' , I . , I ~~ ,- I . C' J:-E 'BOYNTON LAKES... ..oTAT P.B. 11!r.... 18.2 ~i '\ NO. 4 4g, P(;S. ~.:"o BOY/I TSI' . u DC~ --- .-/.--A/(E5--'U.;/,1.~--Bt-vB-:--- --- ~ ~ ~ ~ to) r" ~ ~ r" :t: ,... :::! ~ ~ ~ i1! " \Jl ~ ,... Q\ ~ ::t ~ <') . i"r; h. ~ .... ~ f'li "i ..., ';; I ~ "<~. ~ ~ <::i .. ~ l")~~ CI) ~ ~ ='I: .. :t ~ ~ " "< I:l .. ~ <')~~ I, ~ I a. .... ~~ ~ r" :g ~~ I '" .. .: I tI\ 4.'" .h ! ~ ~ I . ~ ~~ " ' ~ I I ~~~ I, i " ,... <") . ~ I ~~ ~ I. i:; ~ ....... ~ h. ~ r" lj. :t I't- I~ ~ I Ih. '" ~ "j Il::) ~ I I to) ~ , '1 I ""'" ~ ~ n- ~ i ~ '- p "- .. ,.,.~~ ,"'l ,~ .0 S'...y ..t.~ ;f' . at ~!: . at ".-.:.:r - - ~ a .11;:::' . .. '''~ : if: .> fJl - ~ . -< ~ ~ . I~ ~ / 71 ... ~ ~ h. ti 'a l' J I '1 . \ll i =<t =<t,... I J ';~ '( r . ~h. i I · ,.i OI~ i il h' = CIS . r . r I ~ , ~ tfJ I i ::. ,-- '._~.c:~__. '"".' -,EXHIB.IT B ~"tI ~ I ll)~ ;t::t ;l!:""i I ~<::l I ll)"" . .' . . . ,~: =Q J1t~ ~ 1 "l II II I ( " I ~ I s.. I ,!" I ~ ~ ~I !:) III ~,~I l::l #0.00 "'I '" hi", :t llH .,.....M.. I" ~ '0.00' i ~ ,.. ~ 11>/ ~ ... .. I ... I:l .. ; ~, f <') .. :t.. . ~ a .. ,.. a /42 ,> '~L .. r~", m#'o-, ,.--+ oc::: € LAKE'S... PL.4T NO.4 RB. 49, PINl. IT9.... 182 .' ~U.D() .. ~~t. i /,';' It;':.: If.1; I~~'C i II;~' ':;' i;. r i '. I' ~~\:}; , ~ ~ I:,: ~~:a:. '" . ~ ..... i \,<:it~ I ,'I .~~~. I ,~~: ~ 01 I ..... I I ""~~ , :~ i ;;'i'" I r ,~, ..; (, (~ .90';-1/ . . l(.~A.I '" . C . III . . III S : - ~ . . i !,~~: I: ~': : t " ~ - > .. . < ~ ~' -< (,4-i-~~ ~... . .-t' to. 8. So(.? if' Pt..4r p ';'~: ilk,. 6' /"$1 . , //<:> 8, J *-! ~ ]I ::2Z,... '- ~ .. ,'" Q; 1000' -$- g;u.c ~ .. 'b ~ l::l :ti f' h ~~ ~ 't ,,~ .... <I) ~ to ~ :.~ ~~ :;;! ~ ~'" ~ ~~~ "'" h:t: i').!b 0) ..'" .... !l;:! ""i ~ tb 'I: (:l I ~ii~~<::l~ h 'I:~~~ ..,,~ . ~~ ~ ~ I ~"'" i') <::l "tI tb tb~'" <::l ~-t.. lQ~a~'::i~ <:.) ",'""i <:i p'l:~<I) ~~... <:) ~ ..", tb c::: ~"'.." "l~ .." :bo. ~,,~ i') ~ to" .... :t =tl ..~~ :bo ~..:b. ~ ~.. ll) ~ ,,~ "l h ~ ~~ " ~l i~ ~ h <I) ~ ""i (I) , =-tJ ~ ~ =r lOJ n · 11 ~ ~ ! II .1 ~ II ![i r i : · . ~. . l l ... et a> / EXHIBIT C April 4, 2006 Mr. Ed Breese City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Fl33435 , 'I\PR I A Dear Mr. Bresse: / I: ~ -- ". . The Boynton Lakes North Homeowners Association requests the following: Modification to each of its master plans to allow the following: Reduction in the rear yard setback for water lots (those abutting a canal or lake) from (10) feet to two (2) feet for hard roof structures and from five (5) feet to zero (0) feet for screened roof structures. Reduction in the rear yard set back for interior or non-water lots from ten (10) feet to five (5) feet for hard roof structures and from five (5) feet to two (2) feet for screened roof structures. Justification: Lots within this master planned subdivision do not back up to one another or share a common property line, they either abut a water body or common area owned by the homeowner's association. Therefore, no building addition associated with one property would encroach upon another resident's property and appropriate separation between residential units would be maintained. The relaxation of the rear setback will allow for reasonable expansion of the homes within our subdivision to meet today's needs for our families. The intended expansions would nou encroach into any drainage easements, therefore we do not believe the drainage as designed for the subdivision will be affected. The utility easements at the rear of any properties are simultaneously being requested abandonment, since we understand that no utilities are located within them, as we believe all utilities are located at the front of our properties . We understand we cannot encroach onto any drainage easements or tracts, or any common area of the HOA, and have no intention with this request to do so. Lastly, a portion of our subdivision (Lots 6-23 on Hastings Ln.) received approval for a modification to the master plan in April of 2003, 100 Redford Drive ~ Boynton Beach, PI.. 33426 561-439-9859 Fax 561-439-5835 Mr. Ed Breese City of Boynton Beach Page 2 April 6, 2006 which mirrors our request for the rest of lots abutting a water body. We believe the proposed amendments will not have an adverse effect on other property within or outside our subdivision. Very truly yours, -' ~~., ~ ~ /' ,/ - .:::;:.::::?" /'- ~. -"-;::' ~ Fred T. Freimann, President Boynton Lakes North Homeowners Association Enclosed check # 0272 - $500 EXHIBIT "D" Conditions of Approval Project name: Boynton Lakes North File number: MPMD 06-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes\Boynton Lakes North\MPMD 06-002\COA,doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc 0317 ` M ►�► ; �� a y„,,,,,u7 l y;'o2_ iliti • 100 REDFORD DRIVE BOYNTON BEACH, FL 33426 OFFICE 561-439-9835 FAX 561-439-5835 . • February 23, 2009 Gk.- MGU''-i` • o-,\ eke. w'fit_ Av# lb^,te - ATTN: BUILDING DIVISION ISsvo &lilac t..owy 1 et m4 City of Boynton Beach 100 E. Boynton Beach Boulevard 'A w VU Jsr-'t -k 7 10 c. ek Boynton Beach, FL 33425-0310 If S Z File.,"n..1-\-- j Werk RE: DEED RESTRICTIONS I b 1ina�\.- 6v.% r) c1 rev;t:..., To Whom It May Concern: The Board of Directors of Boynton Lakes North Community Association asked that I write you today concerning a recent building permit that was approved by the City. The ' 1,OR permit was for expansion of a driveway to 24 feet in width. Our governing documents and deed restrictions restrict homeowners from expanding their driveways beyond 20 feet in width. The Board noticed that the permit no longer . included a stamp that the City's approval was conditional upon on homeowner association's approval. The Association would appreciate if you could include this stamp on future permits. I have also enclosed a copy of our deed restrictions as well as our rules and regulations. Thank you in advance. • Sincerely, ECMVE 7lOS $ T D • FEB 2 6 n--n BUILDING DI ISIGN Annexations, if any, shall become effective upon the recording of an amendment to the Declaration in the Public Records of Palm Beach County, Florida. ySection 2. CONVEYANCE OF COMMON OPEN SPACE TO THE ASSOCIATION. At such time that Developer or a Builder closes title to the first Unit in the Property, Developer shall be obligated to convey title to all of the Common Open Space located in the Property to the Association, which shall be obli- gated to accept such conveyance (and the conveyances described hereinbelow). Thereafter, those portions of the Common Open Space located within the Undeveloped Parcel presently owned by Developer are to be conveyed to the Association at such times as Developer or a Builder closes title to the first Unit in each of the future Stages in which the Carman Open Space is located, provided, however, Developer shall not be obligated to develop or annex the real property described in Exhibit -B•. Section 3. CRIER AHAERATIOR. Residential property, common area and recreational facilities may be annexed to the property with the consent of two-thirds (2/3) of each class ofwebers of the Association. Such annexa- tion shall become effective upon the recording of an amenamet to this ( Declaration in the Public Records of Palm Beach County, Florida. As long as liPthere is a Class °Ca membership or as long as either the Federal Housing Administration or the Veterans Administration has an interest in the Proper- ty, the annexation of properties hereto will require the prior approval of either the Federal Housing Administration or the veterans Administration. Santa vuu LAND USE RTSTRICTIOHB As long as there is a Class 'C" membership, the Developer shall have the right, free time to time to file land use restrictions applicable to annexed properties that are not in conflict with the provisions hereof. However, as long as either the Federal Having Administration or the Veterans Admini- stration has an interest in the Property, any amendment to the land ase restrictions applicable to the Property or any properties annexed thereto, will require the prior approval of the Federal Housing Ad"Mnistration or the Veterans Administration. 1 i I 1 1 • 3 3 3 12 t ARTICLE VIII ARCHITECTURAL CONTROL No building, fence, wall or other structure shall he commenced, erected 1110 or maintained upon the Property nor shall any exterior addition or change or alteration therein including a change of the building exterior paint color be made, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to the harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives appointed by the Board. In the event said Hoard or its designated committee, fails to approve or disapprove such Anglian and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to'hays been fully complied with. Nothing contained herein shell relieve the Omer from the responsibility of obtaining proper governmental approvals and permits. MIME IX MAINTENANCE Or EXTERIOR OF OWNERS PROPERTY In the event an Owner of any Lot in the Property shall fail to maintain the Lot, the exterior of his premises and any other improvements situated of said Lot in a manner satisfactory to the Board of Directors, the Association. after approval by tow-thirds (1/3) vote of the Board of Directors, shall have the right, through its agitate and employees, to enter upon said Lot sad to repair, maintain, and restore the Lot and the exterior of the buildings and any other Improvements erected thereon. The cost of such exterior mainten- ance shall be assessed-against the subject Lot and such assessment shall be a charge an the land and shall be a continuing lien upon the Lot. Non-payment of such assessment within thirty (30) days from the due date may result in foreclosure of the lien or an action at law against the owner(s) of the Lot. ARTICLE I ' UTILITY SERVICE Basements may be granted by the Association for utility purposes in accordance with the requirement° of this Declaration. OP 13 ARTICLE xI ZERO LOT LINE WALL EASEMENTS, ENCROACHMENTS, MAINTENANCE AND REPAIR - Section 1. ENCROACHMENT PASD(I1TS. M exclusive easement for the unintentional encroachment by any Zero Lot Line Wall upon the Lot Contiguous . • to the Sarp Lot Line Wall for any reason not caused by or resulting from the willful act of Developer, Builder or any Unit Ownerla) , including without limitation, encroachments caused by or resulting from the original construe- . . tics of improvements, which exclusive easement shall exist at all times during the continuance of such encroachment, as an easement appurtenant to the encroaching Unit or other improvement, to the extent of such encroach- sent. In some areas, the roof of a Unit may overhang the Lot liner of the Lot on which said Unit is located. The Developer specifically reserves on behalf of itself and all Units, an encroachment easement for any such roof overhang for the benefit of the Owner of any such Unit. Additionally, there is • reserved a drainage easement from the overhanging roof onto the adjoining Lot. Section 2. murr lAmcs Ara) REPAIR. Maintenance of a Zero Lot Line Wall shall be the obligation of the Owner of the Zero Lot Line Wall. The 1111 Owner shall have an easement over the adjoining Lot, as set forth in Section 3 of this Article XI, in order to maintain said Sero Lot Line Wall. In no event shall any Owner cut a window or any opening in the Zero Lot Line Wall. Nor shall any owner rake any structural Changes in the Sero Lot Lina Mall. including, bet not limited toy change of paint color, without the a press written sjprovel of the Board or Architectural Control Committee appointed by the Board.. In the event the Board shall determine that the naso Lot Line Wall has been damagedby the adjacent Lot Omer, that Owner shall be responsible for repairing such damage in a timely manner end in accordance with the standards established by the Board. In the event such repair is not so accom@l imbed by said adjacent Owner, within thirty (30) days, unless extended hi the Board, the Association shall have the right at reasonable times to enter the adja- cent Lot to effect such repair, and the cost thereof shall be charged to the adjacent Lot Owner, and if not paid in a timely meaner, shall become a lien on such adjacent Lot. 5aMt1= 3. MIITCI(ARCE CASVI tS. Developer hereby grants to each Lot Owner with a Zero Lot Line Mall, a maintenance easement over the Lot 3 14 adjoining the Owner's Zero Lot Line Wall for the maintenance of said Zero Lot Line wall end any wing wall attached thereto. The easement shall be four IS) • fest in width and shall be isesdiatulycontiguous to the Zero Lot Line Wall • and shall run the length of the Lot on which the easement exists. No strut- tures, walls, fences, or trellis' shall be constructed in the easement area, and nothing shall be placed within the entire easement area which would block access to the aero Lot Line wall or which would in any way interfere with • easement holders' ability to maintain the Zero Lot, Line Wall. If a fence or wall is construed in the easement area blocking access to the Zero Lot,Line Wall, a door shall be constructed in such wall or fence to give access to the holder of .the easement. The Lot Owner in whose favor the easement exists shall have the right to enter upon the easement area in order to perform work relating to the maintenance of the sero Lot Line wall end any wing wall attached thereto. AMUR IQI S PABST MALLS ARD FMCS Section 1. Saab wall which is built as a part of the original construc- tion of the units within a grouping of attached Units and placed on the dividing line between two or more Unite, and used as a common wall for two or 0110 more units, shall constitute a party wall, and each fence which is built as a part of the original construction of the Unit and placed cm a property line • between two units shall constitute a party fence, and to the extent not inconsistent with the provisions of this article, the general rules of law regarding party wails and liability for property damage dne to negligence or willful acts or omissions shall apply thereto. - Section 2. The cost of reasonable repair and maintenance of a party wall and/or party fence shall be shared by the Owners who mike use of the wall and/or fence in proportion to such use. Section 1. If a party wall and/or party fence is'destroyed or damaged by fire or other casualty, any Owner who has used the wall and/or fence may restore it, and if the other owners thereafter make use of the wall and or fence, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger.contribution from the others under any rule of law regard- . i 1 ing liability for negligent or willful acts or omissions. ISMSsection 4. Notwithstanding any other provision of this Article, an 1 Owner who,'by his negligent or willful act causes a party wall to be exposed 3 15 'to the elements shall bear the whole cost of furnishing the necessary pro- ' tection against such elements. • I Section S. The right of any Owner to contribution from any other Owner 110 under this Article shall be appurtenant to the land and shall pass to such owner's successors in title. Section 6. In the event of any dispute arising concerning a party wall and/or panty fence under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ABM= XIII INSURANCE Section 1. WAIVER OP SUBROGATION. As to each policy of insurance maintained by the Association, which will mot be voided or impaired thereby, • • the Association hereby waives and releases all claims against the Board, the • Owners, the Management company, Developer, and the agents and employees of each of the foregoing, with respect to any lose covered by such insurance, whetber.or not canned by negligence cr breach of any agreement by said persons, but only to the extent thatinsurance proceeds are received in 110 compensation for such loss. • Section 2. LIABILITY AND OMBBR IBBORAfl. The Association shall . - obtain and maintain public liability insurance in such limits as the Board may, from time to time determine, covering each member of the Board, each Unit Owner, the Developer meths Management Company. Such public liability coverage shall also include, if obtainable, a cross-liability endorsement insuring epch insured against liability to each other insured. Notwithstanding the foregoing, so long as the Developer owns the Common Open Space, said public liability insurance shall be in a single limit of not less than $2,000,000 covering all claims for personal injury or property damage arising out of the occurrence. The Board may also obtain such errors and emissions insurance, i dannity bonds, fidelity bads and other insurance as it deem advisable, insuring the Board against any liability for any act or omission is carrying out their obligations hereunder, or resulting from their membership on the Board or on any committee thereof. Premium for all such I insurance carried by the Association shall be part of the Common expense. 'I 3 16 • • • ARTICLE XIV MORTGAGEE PROTECTION The following provisions are added hereto (and to the extent these added . 110 provisions conflict with any other provisions of the Declaration, these added provisions, shall control( ; - . (a) Each first Mortgagee of a Moitgage eneombering any Unit, at his request, La entitled to written notification' from the Association of any default by the Mortgagor of such Unit in the performance of such Mortgagor's obligatiods under this Declaration, the Articles of Incorporation of the Association or the By-Laws of the Association, which default is not cured within thirty (30) days after the Association learns of such default. (b) Each first Mortgagee of a Mortgage encumbering a Unit which obtains title to such unit pursuant to the remedies provided in such Mortgage or by foreclosure of such Mortgage, shall take title to such Unit free and clear of • --any claim of unpaid assessments or charges against such Unit,which accrued prior to the acquisition of title to such Unit by the Mortgagee. (e) Unless at least seventy-five (7e%) percent of the first Mortgagees (based upon one voter for each Mortgage owned), and 75% of the Owners (other than Developer) have given their prior written approval, neither the Assoeia- rtion nor the members thereof shall' (i) fail to maintain fire and extended coverage on insurable Casson Open Space on the current replaemnt cost basis in an amount less than one hundred (100%)'percent of the insurance value (based on current replacement cwt) len such reasonable deductions as the Board may deem appropriate; (ii) use hazard insurance proceeds for losses to any of the Pro- polity for other than the repair, replacement or reconstruction of such • Improvements( or fill) amend this Declaration or the Articles of Incorporation or ey-Lars of.the Association in such a manner that the rights of any first Mortgagee will be affected. (d) rivet Mortgagees shall have.the right to namine the books and records of the association during normal business hours. le) First Mortgagees may, jointly or singly pay taxes or other charges J 4 which are in default and which may or have beams a charge against any Caron 3 iQpen Spin facilities and say pay any overdue premiums on hazard insurance 3 policies, or secure new hazard insurance coverage on the lapse of a policy, 0 r LI 17 for such property, and first Mortgagees making such payments shall be owed irradiate reimbursement therefor from the Association. 4110 aRTICLs XV CENRAL RESTRICTIONS Section 1. CONDITION OF BUILDING GROUNDS. It shall be the responsi- bility of each Owner to prevent the development of any unclean, unsightly or unkept conditions of building or grounds on such Lot which shall tend to substantially decrease the beauty of the Property as a whole or a specific area. section 1. LAND USB. No Lot shall be used except for residential purposes. So noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon tending to cause embarrassment, discom- fort, annoyance, or nuisance to the Property. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or eaisteece is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may dismay or destroy the enjoyment of other property in the neighbarbood by the Owners thereof and, further, all domestic animals shall either be kept on a lush or kept within an enclosed area. Section 3. INSECT AND FIBS CONTROL. In order to implement effective insect, reptile and woods fire control, the Association shall have the right to enter upon any lot on which a residence has not been constructed and upon which no landscaping has been implemented (with prior written approval of the Association for such plan), such entry to be made by personnel with tractors or other suitable devices, for the purposes of mowing, removing, clearing, cutting or pruning underbrush, weeds or unsightly growth, which in the opinion of the Association detracts five the overall beauty, setting and safety of the Property. Such entrance for the purposes of swing, cutting, clearing or pruning shall not be deemed a trespass. The Association and it's agents say likewise enter upon land to remove any trash which has collected on such lot without such entrance and removal being deemed a trespass. The provisions of this Section 3 shall not be construed as an obligation on the part of the Association tows, clear, cut or prime any Lot nor to provide garbage or trash removal services. Section 4. VATS' AID SEWAGE FACILITIES. No individual water supply epetea or individual sewage disposal mites shall be permiEted On any Lot. The above does not restrict the right of an Owner to install, operate and I 18 • • . maintain a water well on the premises for the use only for swimming pools and irrigatior purposes. Section S. SIGNS. So commercial signsshall be erected or maintained 4111 onanyLot, with the except ion of 'For Sale' signs which shall not exceed twenty-four (24) inches by twenty-four (24) inches which are to be displayed only inside a window of a house and at no other location on the Lot, except when the respective dwelling is 'open for inspection' and the particular Owner's representative is in attendance. This Section 5 does not apply to the Developer, Builders or their agents who shall and do have the right to erect and maintain signs advertising Boynton Lakes of such mise as they may deem necessary. Section 6. PARKING. No truck or van with more than a three-quarter ton capacity, no commercial vehicles, no house or travel trailerr, motor home, camper, boat or boat trailer shall be parked in the Project accept that any of the above may be parked in a garage so long as the garage door is kept in a tally closed position while the vehicle is in said garage and boats with an overall length of under 24 feet may be parked in the fenced rear/side yard of a Unit and most be an a boat trailer. The term 'commercial vehicle' shall (... include but not belimited to all automobiles, trucks and vehicular equipment • including station wagons, which bear signs or shall have printed on the sides of same reference to any commercial undertaking or enterprise. Commercial vehicles in the process of loading end unloading shall not be considered parked so Fong as they are not kept in the Project overnight. Except as set forth above, no vehicle of any kind shall be parked in the Cos= Open Space or on any part of any Lot except in the driveway or garage. Section T. =MUM AND UTILITIES. Perpetual easements for the installation and maintenance of utilities and drainage facilities as shown on said plane) for the Property filed in the public records of Palm Beach County, Florida are hereby reserved. No structure shall be erected, placed or permitted end no alterations shallbe made or permitted on the Property within tha,easement area. No Owner shall in any way hinder the surface of subsurface drainage of the Property within a-drainage easement. no utility improvement, drainage structure, water and sewer line within any street right-of-wny or easement area shall be removed or altered for any purpose without the specific written consent of the Developer. Such consent of the Developer Shell be contingent upon prior approval by all applicable govern- ! I went regul,.tions. 19 Section B. STORAGE RECEPTACLES. No fuel tanks, oil tanks, bottled gas tanks, water conditioners, soft water tanks, swimming pool filters, air conditioners and similar structures or storage facilities may be exposed to 1110 public view and may be installed only within the main dwelling house, the accessory building, or within a screened area. Section 9. TEMPORARY STRUCTURES, FACILITIES ha PARRDIG. No structure of a temporary character shall be placed in the Property or additions to the Property a: any time, provided, however, that this prohibition shall not apply to shelters used by Developer, Builders or their agents during the construction and sale of Units in the Property, it being clearly understood } that these latter temporary shelters may not, at any time, be used as resi- dences nor permitted by Developer, Builders or their agents to remain on said property after completion of construction of all of the Units in the Proper- ty. This prohibition shall apply to all tents, trailers, campers and the like. Temporary parking only for the specific purpose of loading or unload- ing a recreation vehicle, boat, camper and/or trailer shall be allowed for a period not to exceed twenty-four (24) hours. Section 10. ANIMALS AND PETS. No animals, livestock and/or poultry of any kind shall be raised, bred or kept on any Lot except that cats, dogs and 1110 other household pets may be kept provided they are not bred or maintained for any commercial purposes. section 11. FEatCES AND WALLS. Fencing or walls shall not be allowed to be constructed on any Lot unless specifically approved by the Association or Architectural control committee, swept that Developer or Builders may build a fence or wall without the approval of the Association or the Architectural Control Committee, if appurtenant to the original construction of a Unit. All fences which utilize posts and stringers shall be constructed in such a Balmer that the post and/or stringer is to be concealed from view of the street or any adjacent Lot. In any cuss, no fence shall be closer to the street than the front building line. Section 12. GARBAGE AND TRASH DISPOSAL. All trash, garbage and other waste shall be kept in sanitary containers, and shall be kept within an enclosure or properly screened area so as to be out of sight from the front 1 1 or side streets. { Section 13. SIGs DISTANCE AT INTERSECTIONS. No fence, wall, hedge, or shrub planting which obstructs eight lines and elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner 1 3 -on Lot within. the triangle area formed by the Street property lines and the line connecting them at points twenty (20) feet from the intersection of the street liras, or in a case of a rounded property corner from the intersection Wof the property lines extended. The sane sight line limitation shall apply on any Lot within ten (10) feet from the intersection of the street property line and the edge of the driveway. No trees shall be planted within such distances of such intersections unless the foliage line is maintained a sufficient height to prevent obstruction of such sight lines. ARTICLE XVI GESSBAL PROVISIONS Section 1. BBPORCADFt. The Association, or any Owner, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Palters by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed awaiver of the right to do so thereafter. Section 2. ssvnaBILITT. Invalidation.of any one of these covenants or restrictions by judgment or court order shall in no way affect any other • 1110 provisions which shall remain in full force and effect. Section 3. AMERDNENT. The covenants and restrictions of this Deelar- ation shall run with and bind the land for a term of twenty 120) years from the date this Declaration is recorded, after which time they shell be auto- matically extended for successive periods of ten (10) years. This Declar- ation map be amended during the first twenty (20) year period by an instru- sent signed by the Owners of ninety percent (90%) or more of the Lots, and thereafter by an instrtmmsnt signed by the Owners of seventy-five percent (75%) or mm of the Lots. Notwithstanding the above, any amendment affect- ing the maintenance provisions hereof or the lien for such maintenance must ' be approved by the County Attorney of Palm Beach County, Florida. Section 4. FBA/VA APPROVAL. As long as there is Class B Membership, the following actions will require the prior approval of the Federal Housing administra.ion or the Veterans Administration, when either of such entities 1 has an interests (a) annexation of additional properties not part of the Undeveloped Parcel, (b) dedication of Common Open Space or Private Drives, • 1 (e) mergers and consolidations, Id)'sortgaging of Coo Open Space, le) an Ira 1 ' 2 21 amendment of this Declaration, which are not ambiguities, 'scriveners errors", and If) dissolution of the Association. Ik IN WITNESS WHEREOF, the undersigned, being the Developer herein, has 1110. hereunto snorted this Declaration this 5th day of November, 1985. ST. BOYNRal IJd0:9 JOINT VENTURE Signed, sealed and delivered . in the presence of. ' By, FLORIDA PROP ISS OF DOritraI,,' I . I f a l ..^.a By* ��l 'J . . rdlo 4:: • vin President 14.1:1V:11 / A Via.•!' . 'n' L _ attest: \‘‘C. Asst.` •.• . '/ Presid-ret" /+ �1f it / ( / / iv- . AttestI sa!!i�!�!q' iv ...crater), 'y gil STATE or FI.DSIDA COUNTS OF DAVE The foregoing Declaration was acknowledged before se thiedi day of November , 19JL, by AL .3.PBKORand moms J. MATSU• Vice President and assistant secretary, respectively, of Florida Properties of Boynton, Inc.,on benal! of the corporation. • - faui 4? ic , State wFldr}paU J Ny commission aspires, • • tar tutu suit W Molle) al laEInWS W. us MINI • . MAD tae ensu, M.C. STATE Of FLORIDA COUNTY OF . T_he foregoi,Decl�aration was acknowledged before me this o4�day of �rrovt/ , Iles, by lalliri C.fak, end K �aeue , President and A..T Secretary, respectively, of N.N.F. Ines neap., on behalf of the corporation. //�� `�.�� ..� {'� ,,,h la. a• •`• ' it 0 - Notary: ... ' • rf V .1 f.•Tia My Commission Empires) • m 1.}.:1:4-' AlU 8 L\`'tivir 'i��,,,'OIR,D• N,e Oma4Sm1®.'aim la Nor • . LOOM MU GER 9e1mua WC 0 i. . , N F � v 4% 100 Redford Drive, Boynton Beach,FL 33426 Phone(561)439-9859 Fax(561)439-5835 COmmuniW Guidelines m _ • , 0 LAM a, . 4 Elkry 100 Redford Drive, Boynton Beech,H.33138 Phone(511)1394859 Feu(581)139.5835 BOYNTON LAKES NORTH COMMUNITY ASSOCIATION.INC. Dear New Neighbor. The Board of Directors and your neighbors wish to welcome you to your new community. The Boynton Lakes North Community Association,Inc.,hereafter referred to as"Association,"is bounded by Congress Avenue to the West,a Lake Worth drainage canal to the East,Plan Lane and Hypoluxo Road to the North,and another Lake Worth drainage canal to the South. This Association was formed in 1985 by the developer,Lamar Homes,Inc. The developer,under the laws of the State of Florida, prepared,Documents and Covenants governing this community. In 1989,when a majority of the homes were completed,the Association was turned over to the residents by Lenoir Homes,Inc. In 1995, another developer/builder purchased the undeveloped remaining parcels and constructed 41 townhomes,completing the entire development consisting of 523 units. This Association has a property manager on site, who can be reached at the clubhouse office. The phone number is 439-9859. The office is staffed Monday through Friday. It is imperative that you confirm that you have submitted the proper documents with your name and proper mailing address to our property manager at the clubhouse office. It is very important that the Association receives this information so that a line of communication can be opened. The association also requires that you provide the promanager or office staff with a legible photocopy of your Warranty Deed for their records. This requirement also allows you to obtain your pool pass. To fund the Association's operating expenses, including,but not limited to,mowing of the grass, general community maintenance,maintaining the recreational areas,lighting, and management, the Association has levied an assessment fee. Assessments are due on the first day of the month and are considered delinquent on the second day of the month. A coupon book necessary for assessment payments should be in you possession.Please contact the property manager if you did not receive a coupon book from the seller at the time of closing. Payments should be mailed only to the address on the coupon.No payments are permitted to be accepted by the property manager or office staff. Please read the full governing documents for Boynton Lakes North Community Association, Inc.,which you should have received at your closing. For the homeowners of a townhome,there is an additional document titled"Declaration of Easements and Maintenance Obligations," dated 1995.At the time of closing you should have received the following: Original recorded Declaration, dated 1985;Declaration of Easements and Maintenance Obligations,dated 1995 (if townhome buyer);and an assessment coupon book. If by chance you did not receive the governing documents,copies may be purchased from the property manager at the Association office for a nominal fee. To avoid unsightly additions to your home and potential problems,all changes that affect or can be seen from outside of your home must be approved by the Association's Architectural Control Committee before construction begins. See enclosed Architectural Request Form(BLN-106),(BLN-116A& B) Parting is a concern,and as you undoubtedly are aware from your review of the community documents,the Association is prohibited from allowing anyone to park on the streets. Among the reasons for prohibiting on-street parking is the fire department's need for access to units in case of fire,health problems, or other emergencies. Please help yourselves and us by parking only in your garage or on your driveway and not on the streets or on common open ground. For special events,permission is available for guest parking at the clubhouse parking lot Please see the property manager for parking permits. All unauthorized vehicles will be towed at owner's expense(See covenant Article XV, Section 6). To help preserve the value of the community,the Association issues violation notices to individual homeowners for repairs that need attention. These items are the responsibility of the individual unit owners,not the responsibility of the Association.The Association's only responsibility to the exterior of each home is the cuffing and quarterly chemical treatments of the lawn. If you should receive a violation notice from the Association, please respond promptly. This immediate action will help preserve the peace and civility as well as the appearance of the community. If a violation notice was issued to the previous owner and not attended to prior to closing or at the time the estoppel statement was requested, a copy will be enclosed with this mailing.For your information,an estoppel statement is a document which indicates violations and non-payment of maintenance fees that have not been cured by the seller.A 30-day grace period will be given to correct any violations. The Association's Board of Directors holds its regular meeting the first third Tuesday of each month These meetings are held at the Association's clubhouse starting at 7 P.M. The Architectural Control Committee meets the first Tuesday of each month at 7 P.M., followed by the Board of Directors workshop meeting at 8 P.M. The Association holds its annual member meeting in the month of September,the location is off the premises,and will be announced. The Board looks forward to meeting and working with you. Please stop by the clubhouse to say hello and,hopefully,to volunteer to assist the Association. Respectfully Board of Directors Approved,Board of Doeaors OS10I/2005 BOYNTON LAKES NORTH COMMUNITY GUIDELINES MAY ,2001 TABLE OF CONTENTS ARCHITECTURAL GUIDELINES I. BUILDING/GROUNDS II. FENCES III. DRIVEWAYS AND WALKWAYS IV. LIGHTING FIXTURES V. SCREEN ENCLOSURES VI. LANDSCAPING VII. AWNINGS AND SHUTTERS VIII. WINDOWS IX. DOORS X. ROOF MOUNTED FIXTURES XI. EQUIPMENT XII. POOLS AND SPAS XIII. SIGNS XIV. BASKETBALL HOOPS XV. GARAGES XVI. GUTTERS AND DOWNSPOUTS XVII. PLANTING ON COMMON GROUND XVIII. MISCELLANEOUS TOWNHOME ADDENDUM 1. BUILDING/GROUNDS 2. FENCES 3. DRIVEWAYS AND WALKWAYS 4. WINDOW BOX PLANTERS 5. SCREEN ENCLOSURES 6. EXTERIOR CONSTRUCTION OR ANY ALTERATIONS I of 2 COMPLIANCE GUIDELINES I. HOMES II. FENCES III. DRIVEWAYS AND WALKWAYS IV. LANDSCAPINGNEGETATION V. SIGNS VI. ROOFS VII. GARBAGE CANS/RECYCLING BINS VIII. PARKING IX. PETS X. HOUSEHOLD DEBRIS XI. WILDLIFE XII PODS XIII POOL RULES PARKING GUIDELINES I. HOURS II. RESTRICTIONS III. PERMITS IV. DAMAGE V. EMERGENCIES 2 of 2 ARCHITECTUAL GUIDELINES REVISED MAY 2001 The Boynton Lakes North Community Association Board of Directors distributes these guidelines as a reference to assist homeowners in complying with the governing documents of Boynton Lakes North.The function of these guidelines is to preserve a sense of conunon architectural design, harmony and esthetics throughout the Community, thereby maintaining and enhancing property values for all homeowners. To insure that we have harmony of design and esthetic value and avoid owners to costly changes,all requests to alter or change a Lots appearance must be submitted on an architectural request form(BLN-106)to the property manager at the clubhouse. If you make a change that can be seen outside your home, or are in doubt of whether work is proper,apply and get written approval first. Townhome units — residents are to be advised that some rules within the existing governing documents are for single-family homes and may not apply to their type of unit. An addendum has been specifically designed to supplement rules governing these townhomes only. Please read, retain and be guided by what is written in this addendum. Reference your developer's Declaration of Easements and Maintenance Obligations,dated 18 day of January 1995. I. BUILDING/GROUNDS A. Maintenance: Each homeowner must maintain their house and Lot to prevent any unclean, unsightly or unkempt conditions which tend to substantially decrease the beauty of the property as a whole or a specific area. B. Painting: All desired color schemes for painting the body and trim of a home must have prior written approval by the Architectural Control Committee before any painting may commence. Only colors already used within this community shall be submitted;paint samples must be submitted for approval with your application to the Architectural Control Committee. C. Siding: With prior written approval of the Architectural Control Committee, vinyl, aluminum, cement board, or other man made materials may be installed and must conform to the color of the home. (See B above) II. FENCES A. Design: The design, location, color and installation must have prior written approval by the Architectural Control Committee. NO METAL CHAIN LINK TYPE FENCE IS PERMITTED. (Only exception to this rule shall be the chain link fence around the clubhouse pool area.) FENCES REVISED AS OF MAY 2004 To maintain the aesthetic of the common areas of the community.CHAIN LINK TYPE FENCING will be permitted to be installed at ALL PUMP STATIONS to replace the wood fences currently being used. CHAIN LINK FENCES ARE NOT PERMITTED IN ANY OTHER AREAS • 1 • B. Colors: Front fences shall be painted to match the existing color of the body of the home or white. Rear fences are to be painted only white. Front and Rear vinyl fences are to be white in color. All rear freestanding privacy fence shall be painted the color of the body of the home. All new wooden fences shall be painted within forty-five (45)days after installation (allowing time for wood to cure) C. Lattice Type Fences: Existing lattice fences may be painted the color of the body of the house or white. D. Post and Stringers: All fences that utilize posts and stringers in their construction shall have the posts and stringers on the interior side of the fence, concealed from view of the street and adjacent Lot. E. Height: Fence height shall be no more than six feet above ground level nor less than four feet. When an addition is being made to a fence, it shall be the same height of the existing fence(s). F. Gates: Gate(s)are restricted to four feet in width for a single gate, and shall not exceed more than two single widths, for a total width of eight feet. G. Party Fence: No party fence shall be removed by one owner unless both neighboring owners first agree in writing. III. DRIVEWAYS AND WALKWAYS A. Type and Color All driveways are to be constructed of poured concrete; walkways may be constructed of poured concrete, brick pavers or Chattahoochee. Driveways and walkways may be stained or painted with a product specially manufactured for that purpose. The color of the product(s) (paint or stain) must complement the color of the home and have prior written approval of the Architectural Control Committee. Stamping of driveways or walkways is permitted, only with prior written approval of the Architectural Control Committee. B. Style and Design: No homeowner shall add to, delete, or modify the size or shape of any driveway without oil- written approval of the Architectural Control Committee. The MAXIMUM total width of a driveway shall be no greater than twenty feet. C. Posts and Chains: In order to prevent unwanted parking on driveways, with prior written approval of the Architectural Control Committee. Homeowners shall be allowed to install a post on each side of The front driveway using a(4x4)inch pressure treated wood posts or vinyl, no taller then twenty-four inches and placement of a chain across the front driveway is permitted. A home with long driveway may install (4x4)inch pressure treated wood posts, or vinyl, and chains may also be placed between posts. The posts may not be placed any closer than every four feet. All wood posts must be painted white and vinyl post shall be white in color. 2 /� 1 1 D. Maintenance: In the event a driveway or walkway is painted or stained, it shall be the responsibility of the homeowner to maintain the paint or stain to prevent peeling,cracking or staining. All driveway must be kept clean of stains, paint peeling and free of debris. IV. LIGHTING FIXTURES No lighting fixture shall be added to the exterior of a home without prior written approval of the Architectural Control Committee. Maximum wattage of each bulb shall not exceed one hundred(100)watts. Maximum of two (2)bulbs per fixture. V. SCREEN ENCLOSURES A. Color of Frames: With prior written approval of the Architectural Control Committee all screen enclosures shall be constructed of aluminum and shall be finished white or bronze or match the color of the house. B. Color of Screening: All screen material may be fabricated of fiberglass or aluminum and will be charcoal in color. Screen material must be protected at the base of structure against damage, for example, from lawn maintenance activity, i.e. weed wackers,edging equipment and lawn movers,and other activities. C. Roof Style: All roofs of screen enclosures shall be constructed to blend with the existing buildings rooflines. The Architectural Control Committee may approve mansard(hip roof)or other raised roof designs as long as the design maintains harmony with the surrounding architecture. D. Enclosure Base: Base of enclosure may be aluminum(Bronze or White), stucco or siding. Stucco and/or siding must be painted to match the color of the home,and protected as required in B above. VI. LANDSCAPING A. Species Not Permitted: Without prior written approval of the Architectural Control Committee the following tree/plant exotic species are not permitted to be planted within Boynton Lakes North Community. This is a specific county requirement. I. Brazilian Pepper/Florida Holly 4. Any species of Ficus/Carrotwood 2. Any species of Australian Pine 5. Norfolk Pine/Earleaf Acacia 3. Any species of Malalecua 7. Schefflers/Kudzu B. Species Permitted: Any species regarded as native are encouraged. The Architectural Control Committee encourages xeric(thy environment). 3 C. Hedging: Hedges on individual Lots that are used as decorative landscaping must be maintained so as not to exceed six feet in height. VII. AWNINGS AND SHUTTERS REVISED AS OF FEBRUARY 2006 With prior written approval of the Architectural Control Committee, all storm panels, awnings, Bahama, and accordion-type shutters, with Dade County approval, are permitted to be installed. All panels, awnings and shutters, with the exception of plywood, may be installed or closed should the homeowner leave the community. Plywood cannot remain on a structure and must be removed within 72 hours after the threat of a storm has passed. VIII. WINDOWS A. Types Permitted: All windows shall be either single hung or sliding type(vertical or horizontal). B. Frame Color: All window frames on a house must be of one color(Bronze or White). C. Tinting: Window glass may be tinted bronze,silver, or other dark shades. No aluminum foil shall be permitted. Homeowners are responsible for the maintenance of window tinting. Tinting may not appear torn or bubbled when viewed from the outside. D. Window Box Planters: Any window box planter to be installed on an exterior windowsill must receive prior written approval of the Architectural Control Committee. IX DOORS A. No exterior door may be changed including patio door or other doors within an enclosure without prior written approval of the Architectural Control Committee. B. Screen/Security Doors(accept for screen enclosures): All security or screen doors shall be constructed of aluminum or vinyl and must be finished to match existing window frames color(Bronze or White). The design and installation of these doors must have prior written approval of the Architectural Control Committee. X. ROOF MOUNTED FIXTURES A. Skylight: Skylights and Solar Tubes are permitted with prior written approval of the Architectural Control Committee. B. Satellite Dishes: Satellite dishes up to(1)meter(39.37 inches) in size are allowed to be installed with prior written approval of the Architectural Control Committee. This installation review plan should be done prior to installation in consideration of your neighbor. 4 XI. EQUIPMENT With prior written approval of the Architectural Control Committee any equipment installed above ground, abutting, or adjacent to a home, shall be screened by landscaping and or fencing, so as not to be visible from any street, common open space or other home. This includes filtration units, A/C units, meters, clotheslines or any other device which a home- owner may have installed on the exterior of the home. XII. POOLS AND SPA Prior written approval of the Architectural Control Committee must be obtained when installing a swimming pool.The owner must obtain the proper city permit(s), and submit the permit(s)with the architectural request prior to installation. XIIL SIGNS No Sian(s) shall be erected or maintained on any Lot or common open space. This includes, but is not limited to signs for advertising,garage and/or yard sales and real estate signs. Real estate signs are only to be placed in a window of a home. An exception to this rule is where there is no window facing the front of the home; in this case a sign may be placed within a sliding glass door window. All authorized association signage is exempt. XIV. BASKETBALL HOOPS A. Permanently mounted basketball hoops are Not allowed. B. Portable basketball hoops are allowed, but must be kept off the streets and common open space areas. XV. GARAGES A. Garage door vents are permitted with prior written approval of the Architectural Control Committee. Vents must be of a uniform design and size,and must be painted to match the existing color of the garage door. B. Garage door screen enclosures are Not permitted without prior written approval of the Architectural Control Committee. There is a garage screen that is available which allows you to see OUT, but passersby cannot see IN. This product is called SOLARSCREEN,a motor raises and lowers the screen automatically and when up, is hidden from view. For information on this product you may call the property manager at the clubhouse. XVI. GUTTERS AND DOWNSPOUTS Prior written approval of the Architectural Control Committee must be obtained for the installation of all leaders, gutters and downspouts.The color of the gutters must match, as closely as possible, the color of the trim they are attached to and the downspout must match the color of the body of the home, as closely as possible. If painting is required to obtain the proper color match it must be done at the sante time of installation. XVII. PLANTING ON COMMON GROUND No non-association planting shall be allowed on open common ground. 5 XVIII. MISCELLANEOUS A. Play gyms-must have prior written approval of the Architectural Control Committee. Manufacture equipment configuration must be submitted,as well as a site plan of the Lot, showing exact location of unit installation. Please obtain written approval before buying equipment or making arrangements for installation B. No boats are allowed on front lawns or on driveways. They may be placed on the side or rear of a Lot, on a trailer, and must be hidden behind a fence on the homeowner's own property. Any home on a lakeside may place a boat on the side of the home and must be hidden behind a fence. TOWNHOME ADDENDUM ARCHl'1'ECTURAL GUIDELINES There are forty-one units within the Boynton Lakes North Community Association that are not configured as single-family homes. These are townhomes. They are attached homes, comprising of four and six unit buildings. This addendum is solely for the use of the residents of these units because of their different configuration. The preceding Governing Guidelines for this community are still binding in their entirety except as specifically stated below. The developer,or seller of these buildings recorded a special set of covenants; you should have gotten one set at your closing from the Developer. If not,a copy can be obtained at the clubhouse office for a nominal fee. 1. BUILDING/GROUNDS A. Maintenance: Each homeowner must maintain their house and Lot to prevent any unclean, unsightly or unkempt conditions which tends to substantially decrease the beauty of the property as a whole or a specific area. B. Painting: The original and existing color(Gray)is required for the purpose of uniformity. No other color, tone or tint shall be approved, and no other color change may be presented. If any unit would require painting, then all other unit owners must also simultaneously paint their unit. These requirements are for the sole purpose of retaining the esthetic appearance and retain the monetary value of the entire building. 2. FENCES A. Lakefront Design: The only design allowed on a lakefront, will be a railing type fence. Prior written approval of the Architectural Control Committee must be obtained before installation. Design shall be the same for all townhomes regardless of material it is constructed from. Railing fences shall be constructed with the following dimensions; balusters shall be no greater than 2x2 inch, three inch flat rail on top, 4x4 inch corner posts,and five feet in height. All railing type fences shall be white in color. Because of landscaping maintenance, an access gate must be provided. This gate must be no less than four feet in width and located on the rear side of fence facing the lakefront. 6 B. Privacy Fence: Privacy fence will be of wood and constructed of breathable "Shadow Box"design. Painted color is to be Gray on both sides to match the unit body (lower portion)color. Because of the lack of easement rights between units it becomes necessary to limit one privacy fence between adjoining units. This requirement then allows a unit owner the accessibility for proper maintenance(repair/painting). 3. DRIVEWAYS AND WALKWAYS A. Type and Color: All driveways and walkways are to be constructed of only poured concrete. Driveways and walkways may be stained or painted with a product specially manufactured for that purpose. The color of the product must conform to the color of the body(lower portion)of the townhouse and have prior written approval of the Architectural Control Committee. B. Style and Design: No homeowner shall add to, delete, or modify the size or shape of any driveway without prior written approval of the Architectural Control Committee. The MAXIMUM total width of a driveway shall be no greater than twenty(20) fleet. C. Maintenance: In the event a driveway or walkway is painted or stained, it shall be the responsibility of the homeowner to maintain the paint or stain to prevent peeling, cracking or staining. All driveways must be kept clean of stains, paint peeling and free of debris. 4. WINDOW BOX PLANTERS With prior written approval of• the Architectural Control Committee, window box planters may be installed on the exterior widow sills. The only material of these box planters shall be vinyl, ceramic, and other manmade material, which is weather and insect resistant. The box planters shall be painted to match the exterior of the body of the home (lower portion). 5. SCREEN ENCLOSURES • A. Color of Frames: All screen enclosure frames shall be constructed of aluminum and shall be finished the same color as the existing window frames(white). B. Color of Screening: All screen material shall be fabricated of fiberglass or aluminum and will be charcoal in color. Screen material must be protected at base of structure against damage, for example, from lawn maintenance activity, i.e. weed wackers, edging equipment and lawn movers, and other activities. C. Enclosure Bases: Base of enclosure shall only be made of aluminum, finished in white. 7 • 6. EXTERIOR CONSTRUCTION OR ANY ALTERATIONS: In the townhome "Declaration of Easement and Maintenance Obligations", subparagraph 8, it states that each owner who desires to alter the exterior appearance of the building or portion of Lot, then all owners' sharing the owner's townhome building must join in the owners written request for the alteration. • • • 8 \ BOYNIT NOR 1.° • 100 Redford Drive, Boynton Beach,FL 33428 Phone(581)439.9859 Fax(581)439.5835 BLN- 117-1-2-3 COMPLIANCE GUIDELINES REVISED MAY 2001 The Boynton Lakes North Community Associations Board of Directors distributes these guidelines as a reference to assist homeowners in complying with the governing documents of Boynton Lakes North. If you have any questions, please contact the Property Manager at the clubhouse office (439-9859) L HOMES: A. The exterior surfaces of all homes must be kept clean of stains, mildew, and Lot is to be kept free of debris. B. All painting/repainting requires prior written approval of the Architectural Control Committee before commencing work. Paint samples are required. C. Any exterior alteration must have prior written approval of the Architectural Control Committee before commencing work. 11. FENCES: A. All fences must be kept free of stains, mildew and kept in good repair. B. All front fences must be painted to match the existing color of the body of the home or white. Vinyl fences in front or rear of home must be white in color. C. Gates must be kept closed; if locked they must be opened for lawn maintenance personal on those scheduled days. HL DRIVEWAYS AND WALKWAYS: A. All driveways and walkways are to be kept clean of stains, paint peeling and free of debris. 1 B. Any modifying of driveway and walkway shall have prior written approval of the Architectural Control Committee before commencing work. C. No driveway shall be wider than twenty feet in width. IV. LANDSCAPING/VEGETATION: A. All lawns must be maintained in good condition. (Healthy and green) B. Hedges that are used as decorative landscaping must be maintained as not to exceed six feet in height. C. Landscaping debris should be placed in front of your home the evening prior to pickup which is on Monday morning. D. Debris, whether it is landscaping or other is not to be put onto the street or onto common grounds and Cul-de-sac grass circle. V. SIGNS: No signs, such as advertising, garage and/or yard sales and real estate shall be erected on any Lot or common open space. "For Sale" signs can only be placed in a window and cannot be larger than twenty-four by twenty-four inches. Exception to this rule is where there is no front window, then a 'For Sale" sign can be placed in a sliding glass door. VL ROOFS: All roofs must be kept clean of stains, mildew and debris. VII. GARBAGE CANS/RECYLING BINS A. Garbage cans and recycle bins are not to be put out any earlier than 5:00 PM the night before pickup. (Monday pickup is for garbage, recycle and vegetation, Thursday is for garbage only). B. Garbage cans and recycle bins must not be left out later than the evening of that pickup day. C. All garbage cans and recycle bins are to be kept hidden from view after pick- up day, in a garage or behind an enclosure. 2 BLN-117-3 VIII. PARKING: A. There is absolutely No parking allowed on the streets or on common open space within Boynton Lakes North Community. B. No truck or van with more than a three-quarter ton capacity, no commercial vehicles, no house or travel trailer, motor home, camper, boat or boat trailer shall be parked in the community. C. All above vehicles shall be parked within a garage as long as the garage door is kept in a fully closed position. D. All boat and boat trailers are to be parked behind a fenced in rear or side yard. D. Any home on a lakeside may place a boat on the side of a home and be hidden behind a fence. E. No boat(s) shall be left unattended and in open view either on homeowners property or on common ground. IX. PETS: A. All domestic animals shall be kept on a leash or within an enclosed area on the homeowner's property. B .A11 feces left by pets in the community must be picked-up immediately. X. HOUSEHOLD DEBRIS: Debris other than garbage and landscaping material is considered household construction material by the City, and therefore requires a special pickup by calling the City Sanitation Department. XL WILDLIFE: There shall be no feeding of any wildlife, especially the ducks. Approved,Board of Directors 5/7/2001 3 ADDENDUM TO COMPLIANCE GUIDELINES Effective March 14, 2005 (Please attach this to your documents) PODS (Portable on Demand Storage) units or similar containers will be allowed only on homeowners' driveways for a period of no longer than 30 days. 4 BOYNTON LAKES NORTH ADDENDUM TO GUIDELINES UMBRELLA An umbrella is a temporary collapsible shade for protection against weather, consisting of fabric stretched over hinged ribs radiating from a central pole. Umbrellas must be installed in a way that they can be easily removed or collapsed in the event of threat of hurricane, windstorm, or severe inclement weather. CANOPY A canopy is a temporary overhead roof or structure that is able to provide shade or shelter. A canopy comprises a structure or frame over which a fabric covering is attached. A canopy can also be a tent, generally without a floor. The size of the canopy installed upon a homeowner's property shall not exceed an area comprised of 12' by 12', for a total of 144 square feet. Canopy frames must be constructed of either steel or aluminum and must not be permanently attached directly to the surface upon which they stand or attached in any way to the homeowner's dwelling. The legs of the frame may be attached to canopy shoe foot pads which help secure the canopy legs but allow easy removal in the event of threat of high winds or hurricane. The foot pads may be permanently attached to the surface, if desired. The design of the canopy must be such that the fabric can easily be removed from the frame in the event of threat of hurricane, windstorm, or severe inclement weather. LOCATION The location of the umbrella or canopy shall be completely within the side or rear property lines of the homeowner's dwelling and shall not extend into an adjacent property. If a front fence exists on the property, the canopy must be located entirely behind that fence. If a front fence does not exist on the property,then a 15-foot setback from the area where the fence would be located is required. MAINTENANCE AND COLORS MAINTENANCE: The homeowner is totally responsible for the maintenance of the canopies and umbrellas. These items must be clean and properly maintained. Dirt, mold, mildew, rips and tears will not be permitted or tolerated. COLORS: Homeowners desiring to place a canopy or umbrella on their property must submit an application, as well as a brochure or specification information sheet, to the Architectural Review Committee for approval of type, size, and color. Site plans must also be submitted indicating the location of the canopy or umbrella on the property. Fabric colors must be compatible with the basic color of the home or trim. Approved by the Board of Directors on April 1, 2008 �3 f 5Y, � • 100 Redford Dive, Boynton Beach,FL 33426 Phone(561)439.9859.Fax(561)439-5835 BLN-125-1-2 OCTOBER,2000 PARKING GUIDELINES, CLUBHOUSE GUIDELINES FOR GUEST. DAY/OVERNIGHT PARKING HOURS: A. Overnight parking, for guests, will be allowed, only with a parking permit (BLN-121). B. Vehicles parked without displaying a permit on the driver's side of the dashboard will be subject to being towed at the owner's expense. C. Vehicles parked overnight must be removed by 8:00 AM the following morning. EXCEPTION- Full daytime parking permit issued by the Property Manager will not be towed away. II. RESTRICTIONS: - A. The following vehicles will not be allowed to park in the clubhouse parking lot at any time of day or night. Motor homes, campers, boats, trailers, commercial vehicles, motorcycles . B. No overnight parking will be allowed until any sanctioned use of the club- house has been completed, such as Board or Committee meetings, Social Club functions or private rentals, unless authorized by property manager in advance C. When there is a function in the clubhouse, all the occupants must vacate the clubhouse and parking lot no later than 1:30 AM. My vehicle remaining after 1:30 AM and not displaying a parking permit shall be towed away. If a permit was issued prior to a sanctioned event being scheduled, the permit shall be honored. 1 BLN-l25-2 OCTOBER 2000 III. PERMITS: A. Permits will be issued on a first come, first served basis. Spaces are limited. B. Obtaining permits: 1. Permits can be obtained from the property manager during normal business hours when he/she is on site. 2. In the absent of the Property Manager, emergency permit may be obtained from the patrol company. 3. Emergency situations may be handled after normal business hours by contacting the Patrol Company to obtain approval for one overnight stay. If additional time is needed, you must see the property manager the next day If patrol officer is not available, please write a note and place on dashboard inside your car. Patrol officer will not have car towed if this procedure is adhered too. C. Permits may be obtained up to thirty(30) days in advance. D. Permits may be issued for a period no longer then ten (10) consecutive nights and may not be reissued for a period of ninety(90) days. E. Permits (BLN-121) must be displayed on the driver's side of the dashboard. F. Parking at clubhouse with an authorized permit must use designated parking areas only. G. Vehicles without authorized permit must use unmarked areas only. IV. DAMAGE: A. All parking in the clubhouse lot is with the knowledge that it is at your own risk. B. Any damage to the assigned parking space will be the responsibility of the residents who applied for the permit. V. EMERGENCIES: Report to the property manager, or patrol officer on duty any unforeseen emergencies that may prevent the permitted vehicle from being removed from the clubhouse parking lot by the 8:00 AM deadline or the vehicle will be towed away. Approved,Board of Directors 10/11/2000 07/30/02 08/16/05 2 1 BOYNTON LAKES NORTH COMMUNITY ASSOCIATION, INC. POOL RULES PLEASE COMPLY WITH THE FOLLOWING RULES FOR SAFETY& HEALTH PURPOSES: 1. Pool hours are from Dawn to Dusk, or as posted. The Pool is not open for evening swimming per Palm Beach County Ordinance. 2. Pool Card Passes are required for all residents. Guests using a resident's card pass will be held responsible for abiding by the rules set forth and any damage incurred. 3. Every person must shower before entering the pool to remove oils and to prevent unsanitary conditions. 4. Diapers and sanitary undergarments of any kind must be designated fob or be Covered over by plastic or rubber panties when in the pool. There will be no exceptions. 5. An Adult who is 18 years of age with proof of ID must accompany and actively watch and supervise all children under 18 years of age with a ratio of no more than five (5)children to one (1)adult. 6. No jumping or diving into the pool. 7. No cooking, riding bikes, skates of any kind or skateboards, running, ball playing or horseplay of any kind shall be permitted in the pool or on the pool deck. 8. No animals, pets, glass containers or alcoholic beverages are permitted in the pool or on the pool deck. 9. No rafts,floats,tires or mechanical devices are allowed in the pool or on the pool deck. Valid swim aids are permitted. 10. No chairs or lounge chairs are allowed within three(3)feet of the white painted line around the pool. 11. Pool Capacity—Limited to Thirty-nine (39) people. 12. Pool area to be kept clean. All Trash must be deposited in the trash receptacles. 13. Residents seeking to use the pool and/or pool area for a group gathering with more than Six(6) guests must first complete a Pool Request fonnobtained through the office. THE BOARD OF DIRECTORS AND ITS AGENTS RESERVE THE RIGHT TO REMOVE RESIDENTS AND GUESTS AND CANCEL POOL PRIVLEGES IF OBSERVED NOT ABIDING BY THE POOL RULES. BLN121 • November 4,2002 BOYNTON LAKES NORTH COMMUNITY ASSOCIATION, INC. CLUBHOUSE PARKING PERMIT PARKING SPACE # FROM: / /_ THROUGH: / /_ ISSUED FOR GUEST OF: Name:(Print) - Address: Phi( )- - Type of Vehicle Color Trier ,,�,,�� p •arking is at vehicle owner's risk. Illegally pfd vehicles will be towed away at the owner's erpeau. Homeowner/tam is respoanbe fre rmy,damaged property. I understand the riles wad will abide by them, Siwe of Applicant Approved,Board of Director Signature ofPason Iss®g Pemrt BLN-12l NOVEMBER d,2002 BOYNTON LAKES NORTH COMMUNITY ASSOCIATION, INC. CLUBHOUSE PARKING PERMIT PARKING SPACE FROM: / / TROUGH: / / ISSUED FOR GUEST OF: Name:(Print) Address: Phone: ( ). - Type of Vehicle Color Tag # Homeowner/tenant is responsible for any damaged may. I tmderstand the rules and will abide by them Signatme of Applicant Approved,Bard of Directors Signature of Person Issuing Permit