RIVER COUNTRY  ESTATES
OWNERS' ASSOCIATION


A Deed Restricted Community

SECTION 1
GENERAL PROVISIONS
A  DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS


This Amended and Restated Declaration of Deed Restrictions is effective as of  October 20, 2009 for all lots in River Country Estates subdivision, as platted in Plat Book 17, Pages 1-7 of the Public Records of Hernando County, Florida, and amends and replaces in its entirety that certain Declaration of Deed Restrictions, which became effective as of January 1, 1997, for River Country Estates, recorded on December 30, 1996, in Official Records Book 1102, Pages 432 through 451, of the Public Records of Hernando County, Florida, as amended from time to time.

These modifications and clarifications were made by the Board of Directors and a majority of the Owners, and in conformity with and pursuant to Section 1, Paragraph D of the Modifications and Clarifications (which became effective as of December 31, 2007) as recorded on October 24, 2007, in official records book 2502, pages 1311 through 1318 (as subsequently amended) and the Modifications and Clarifications which became effective on March 1, 1999 as recorded on February 19, 1999 in a document entitled “Amendment to River Country Estates Association Inc. Declaration of Deed Restrictions, and are recorded in Official records Book 1249, pages 1299 through 1302 of the Public Records of Hernando County, Florida and Modifications and Clarifications (which became effective as of October 1, 1998 and  recorded on September 9, 1998, in Official Records Book 1217, Pages 183 through 203, of the Public Records of Hernando County, Florida) to the Declaration of Deed Restrictions, which became effective as of January 1, 1997, for River Country Estates as recorded on December 30, 1996, in Official Records Book 1102, Pages 432 through 451, of the Public Records of Hernando County, Florida.

All provisions in this Declaration are to be considered the minimum requirements in the areas addressed. Where the Florida State Statutes, the Hernando County Code of Ordinances or the Hernando County Zoning Regulations address a subject in this Decla­ration, the more restrictive requirements shall prevail. Interpretation of these re­strictions is the re­sponsibility of the Board. Compliance with all Hernando County rules, regulations and ordinances shall be the responsibility of the Owner (Amended April, 2016).

B  DEFINITIONS (Terms defined as used in this document.)

Address — The number and street name currently assigned to a lot according to the Her­nando County “Street and Road Naming and Addressing Ordinance.”

Application for Architectural Review — The packet containing the application and instructions, available from the DRAC for any architectural improvement, which shall be completed and returned to the DRAC with plans and other attachments as re­quested in the in­structions.




Architectural Review — A function of the DRAC, with the authority to review,
 ap­prove or recommend disapproval to the Board of any erection, placement or design of dwellings, structures, pools, fences, exterior altera­tions and additions on any lot within River Country Es­tates, in accordance with the provisions set forth in these Deed 
Restrictions and guid­ance provided by the Board.

Articles of Incorporation -- The Articles of Incorporation of the River Country Estates Owners Association, Inc. a copy of which is attached hereto as Exhibit “A” and is made a part hereof by reference.

Association (or RCEOA) — The term Association, or abbreviation RCEOA, refers to River Country Estates Owners Association, Inc., a Florida not for profit  corporation,
its successors and assigns, with a mailing address of 5331 Commercial Way, Suite 106, Spring Hill, FL 34606, and physical offices at any location as it shall deem fit...

Board — The RCEOA Board of Directors.

Bylaws -- The Bylaws of the River Country Estates Owners Association, Inc., a copy of which is attached hereto as Exhibit “B” and is made a part of hereof by reference.

Common Area — All real property owned or leased by the River Country Estates Owners Asso­ciation, Inc. for the common use of all owners which includes, but is not limited to, the lake and surrounding park, mailbox shelters and entrance island.

Computation of Time — The time within which an act is to be done shall be com­puted by excluding the first and including the last day; if the last day is a Sunday or a legal holiday, that day shall be excluded.

Deed Restriction Advisory Committee (or DRAC) — A Committee of at least three (3) River Country Estates property owners duly ap­pointed by the Board to administer the Deed Restrictions of the subdivision.

Declaration or Deed Restrictions — This Declaration of Deed Restrictions, constituting an agreement between each and every owner(s), the River Country Estates Owners Association and to each other, and imposing restraints or conditions upon the property located in River Country Estates, and including all amendments and modifications thereto as recorded in the Official Records of Her­nando County, Florida. These  Deed Restrictions shall run with the land subject to vari­ances, modifications, amendments, expiration and replacement and are imposed upon and intended to bene­fit every parcel of land in said subdivision. The intent of this Dec­laration is to assure in perpetuity the protection of property values and to preserve the character of the subdivision.

Easement — A right of passage across a specified property allowing for access, in­spection, place­ment of utilities, drainage, and other purposes or any combination of these uses.

Fence — A structure of any materials serving as an enclosure, barrier or boundary, usually made of, but not limited to, posts, boards, wire, rails, masonry pedes­tals, trel­lises, plants or any combination of these over ten (10) feet in length.

Front Setback — The area between the front property line and the foremost part of the dwelling as defined by the survey plan.

Garbage — Includes organic waste (primarily food in origin), packaging materials and cleanings from pet boxes, cages, containers or pens.

Junk — Includes discarded hardware items or construction materials, furniture, packing cases or any refuse materials not covered by definitions for garbage or trash included elsewhere in this section.
Lot — Any division of land as indicated by a lot number on the recorded subdivision map as filed with Hernando County, Florida, including residential and com­mercial lots, but excluding common areas.

Nuisance — Any condition or activity, including those defined in Section 2 “Animal Control,” that either detracts from the appearance and value of River Country Estates properties or offends the sight, hearing, smell, feel or taste of one or more owners. It shall be defined as such only by a majority vote of the Board, due to its subjective nature.
Owner — In­cludes any individual or entity holding title to property covered by this
document. Restrictions under this Declaration when applied to owners shall be deemed to include occupants, guests and others claiming under the owner.

Rear Setback — The area between the rear property boundary line as defined by the survey plan and the closest part of the dwelling including a pool and/or screen enclo­sure or any other structural attachment.

Right-of-way — The area adjoining a paved street and an owner’s property. This area is owned by the State of Florida or Hernando County.

River Country Estates — All real property located in River Country Estates according to the plat thereof re­corded in Plat Book 17, Pages 1–7 of the Public Records of 
Hernando County, Florida.

Rules & Regulations  ___ The Rules and Regulations which are attached hereto as Exhibit “C” and are made a part hereof  by reference, which Rules and Regulations may be amended from time to time by the board of Directors.

Shall, May — The word “shall” is mandatory; “may” is permissive.

Side Setback — The area between the side property boundary line and the closest part of the dwelling as defined by the survey plan.



Structures —

1. Decorative and Recreational Structures:
Structures of a temporary or per­manent nature that are designed to be used for decorative or recreational purposes, at an existing dwelling, such as, but not limited to, swing sets, in-ground swimming pools, jungle gyms, gazebos, trampolines, bird baths, bird feed­ers, bird houses, drive­way pedestals, sun dials, flag poles and light poles, and basketball back­stops. Screen enclosures are not in­cluded as decorative or recreational structures for the intent of this defi­nition.
2. Detached Structure and Detached Storage Building:
    A Detached Structure is any construction that is not physically connected to the dwelling by full height walls (walls that run to the bearing elevation of the roof on all sides). A Detached Storage Building is a permanent building used for storage or utility purposes built behind the rear building line of the residence, which does not include metal or plastic sheds, shacks, dog houses, tents or other structures of a non permanent nature. (Amended April, 2017).
3. Utility Buildings:
Structures of a temporary or permanent nature used for storage or utility pur­poses, such as, but not limited to, a barn, shed, shack, tent, carport, screen enclosure, greenhouse, well house, cabana and dog house. (Amended April, 2016).

Subdivision — River Country Estates.

Survey Plan — A plot of a lot, verifying all dimen­sions, elevations, rights-of-way and ease­ments as cer­tified by a licensed surveyor.

Swale — The depressed area on every right-of-way and intersecting driveway, de­signed for the purpose of water run-off.

Trash — Includes all waste materials of a non-odorous nature, including grass clip­pings, leaves, logs, garden trimmings and other disposable refuse.

Variance — An authorization to deviate from a deed restriction for a specific lot for a spe­cific act(s) when, due to special conditions, a literal enforcement of the deed re­striction would result in unnecessary or undue hardship, or approval would be benefi­cial to River Country Estates. Granting a variance to any property shall have no affect on any other property, nor shall it set any precedent or constitute a waiver of the right to en­force these Deed Restrictions.

Vehicles —
1. Abandoned Vehicles:
A vehicle which has been left on an undeveloped lot or right-of-way for forty-eight (48) hours or more.
2. Commercial Vehicles:
Any  vehicle that either displays advertising, is over ½ ton in capacity and/or has a commercial registration tag, or displays commercial type equipment such as, but not limited to, ladders, tool boxes, pipes, equipment carriers other than luggage or tire racks, towing equipment other than normal ball or square type hitches. Equipment for carrying handicap appa­ratus for one’s own personal use is exempt.
3. Inoperable Motor Vehicle:
A motor vehicle is deemed inoperable if any one (1) of the following con­ditions is present:
a. There is no current registration tag displayed on the vehicle.
b. The vehicle does not have all the wheels and tires installed.
c. The vehicle is raised off the ground.
d. The vehicle cannot be started and moved under its own power for at least one hundred (100) feet.

Waste — Includes garbage, junk or trash, each separately defined herein.

Wing Wall — A projection or extension of a wall of a dwelling.

Written or In Writing — The term “written” or “in writing” means any communi­cation other than oral.

C  SEVERABILITY

It is hereby declared to be the intention of the owners that the sections, paragraphs, sentences, clauses and phrases of these Deed Restrictions, the Articles of Incorporation and the Bylaws are severable; and, if any portion of these Deed Restrictions, the Articles of Incorporation and the Bylaws shall be declared invalid, unconstitutional or unen­forceable by the valid judgment or decree of a court of competent jurisdiction, such invalidity, un­constitutionality or unenforceability shall not effect any of the remaining portions of these Deed Restrictions.  No waiver of a provision, nor lack of enforcement of any provision of these Deed Restrictions, shall operate as a waiver of the River Country Estates Owners Association Inc’s rights associated with these Deed Restrictions

D  MODIFICATIONS AND CLARIFICATIONS

The RCEOA, its successors and assigns, reserves the right to make rea­son­able modifi­cations and clarifications to any and all restrictions set forth herein and to correct scriveners errors as detected and issue changes accordingly.  These Deed Restrictions may be amended from time to time by the owners of a majority of the Lots voting in person or by proxy at a meeting of the owners, provided however that written notice setting forth the proposed amendment must be given to each member along with the notice of meeting required by Article III Section 3 of the Bylaws (Amended October 2010).

E  DURATION

These Deed Restrictions shall run with the land and shall be binding upon all lot own­ers and all parties claiming under them until the first (1st) day of January, 2027. These Deed Restrictions shall be automatically extended for successive periods of ten (10) years, unless, by a prior affirmative vote of a majority of the owners, it is agreed to change these Deed Restrictions in whole or in part pursuant to the provision of Section 1 Paragraph D. hereof.


F  ASSIGNMENT

River Country Associates, Ltd. hereinafter referred to as the “developer,” assigned and transferred to the “River Country Estates Owners Association, Inc.,” and its succes­sors and assigns, all of the developer’s rights and privileges under the Restrictions, in­clud­ing but not limited to, the right to appoint committees subject to terms and conditions as outlined in the “Assignment of Authority Under Declaration of Deed Re­strictions.” This assignment was recorded on February 25, 1988, in Official Records Book 682, Pages 515 through 517 and "Corrective Assignment of Authority Under Declaration of Deed Restrictions" as recorded on November 13, 1991, in Official Records Book 841, Pages 427 through 429 of the Public Records of Hernando County, Florida.

SECTION 2

ANIMAL CONTROL

A  ANIMAL RESTRICTIONS AND CONTROL

1  Animals Permitted
No animals other than those commonly kept as house­hold pets in the house are permitted. Animals kept, bred or maintained for commercial pur­poses are 
prohibited.

2  Restraint Measures
All animals shall be kept under leash restraint when not on the owner’s 
property.

3  Nuisance
It is the responsibility of the owner to keep any animal from creat­ing a 
nuisance. The term “nuisance” may include allowing an animal to:
1. Molest pedestrians or attack vehicles.
2. Attack other animals.
3. Trespass on others’ property.
4. Be repeatedly unrestrained.
5. Damage others’ property or spread garbage or trash anywhere.
6. Create excessive noise.
7. Create offensive odors.

4  Animal Waste
The owner of an animal is responsible for the removal of any solid excreta 
deposited by their animal upon any property other than their own in River Country Estates.

B  NON-COMPLIANCE

Failure to comply with any part of this section of this Declaration within ten (10) days of receipt of written notice requesting compliance, by certified mail, shall be subject to action, as defined in Section 9.

SECTION 3

ARCHITECTURAL CONTROLS

A  ARCHITECTURAL APPROVAL
 
No dwelling, fence, wall or any other structure or external im­provement shall be per­mitted, nor shall any exterior ad­dition or alteration to any structure or dwelling be made, until the plans and specifications showing the lo­cation on the survey plan, di­mensions, elevations and materials have been submitted with the RCEOA Application for Architectural Review and approved in writing as to conformity and harmony of design with existing structures in the subdivision by the DRAC.

B  ARCHITECTURAL REVIEW
 
1  Application for Review
All applications for architectural improvements shall be sub­mitted to the DRAC with the RCEOA Application for Architectural Review form. No appli­cation shall be accepted for review unless all attachments, as specified in the in­struction sheet, are included.

2  Application Review Standards
The standards used by the DRAC shall be uniformly ap­plied and conform to the harmony of design of existing dwellings and structures.

3  Variances
Any owner may apply for a variance using the RCEOA Application for Vari­ance form and submitting it to the DRAC.

C  SETBACK REQUIREMENTS
 
For the purpose of this Declaration, eaves and steps shall not be considered as part of a dwelling or building, provided, how­ever, that this shall not be construed to permit any por­tion of a dwelling or building on a lot to encroach upon another lot or ease­ment. Criteria for com­mercial lots are stated in Section 4 of this Declara­tion.

1  Other than Corner Lots
On all lots, other than corner lots, no dwelling shall be permitted with a front setback distance of less than sixty-five (65) feet, a side setback distance of less than ten (10) feet and a rear setback distance of less than twenty-five (25) feet, including but not limited to pools and screen enclosures, with the exception of a rear setback distance of ten (10) feet for one RCEOA DRAC and ARC approved Detached Storage Building. (Amended April, 2016).

2  Corner Lots
Lots that adjoin two streets shall be considered corner lots. On corner lots, no dwelling shall be permitted with a front setback distance of less than sixty-five (65) feet, a side street setback distance of less than twenty-five (25) feet, an in­terior side setback dis­tance less than ten (10) feet and a rear setback distance of less than twenty-five (25) feet, including but not limited to pools and screen enclosures, with the exception of a rear setback distance of ten (10) feet for one RCEOA DRAC and ARC approved Detached Storage Building.
(Amended April, 2016).

D  STRUCTURES AND DWELLINGS

1  Dwelling Size and Use Restrictions
Every lot in River Country Estates except lots one (1) through nine (9), inclu­sive, Block C-1, lots one (1) through ten (10), inclusive, Block C-2 and lot one (1) Block 2, shall be designated as residential lots, and no dwelling or structure shall be constructed or placed on any residential lot other than one detached single-family dwelling not to exceed 2½ stories in height. One detached storage building per lot may be approved. Usage may be more restrictive than the usage allowed by Hernando County. All residential dwell­ings shall be de­signed for the residence of a single family, household staff and limited short-term guests. No dwelling shall be leased or rented except in its entirety.  No dwelling may be leased or rented for a period of less than twelve (12) consecutive months, nor shall an owner lease or rent his or her Lot more than once in any calendar year period.  The owner(s) of the Lot shall be jointly and severally responsible with the tenant(s) of the Lot for compliance by the tenant(s) with this Declaration, the Articles of Incorporation, the Bylaws, and such Rules and Regulations as the Board of Directors may from time to time enact. The living area of a newly constructed dwelling (the area of the building that is completely en­closed and protected from the weather and in­tended as the living quarters of the home, exclusive of open or screened areas or garages) shall have a ground floor area of not less than two thousand (2,000) square feet as measured between the out­side surfaces of the enclosing walls. Restrictions for commercial lots in blocks C-1 and C-2, as well as Block 2 lot one (1) are ad­dressed in Section 4 of this Dec­laration.
(Amended April, 2016).

2  Design of Dwelling
No trailers, factory-assembled homes, log cabins or A-frame designs shall be approved. Pre-existing and conforming site built homes may be moved to a River Country Estates lot subject to RCEOA approval.

3  Garages
All dwellings shall have at least an attached two (2) car garage which shall ac­com­modate two (2) standard size vehi­cles. Garages shall not be converted to be­come part of the living area of a dwelling unless concurrently therewith a two (2) car garage is added (with DRAC approval) to comply with that re­quirement. Carports are pro­hibited.

4  Fences
Fences may be constructed within the front setback area of a residential lot provided that no such fence shall exceed three (3) feet in height measured from the finished grade. On any corner lot the front facing street sides shall be considered front yards for the purpose of this section. All interior sides are to be considered sides, and any fence installed on a side will be parallel to the roadway with the required sixty-five (65) foot setback.  Fences will not be permitted forward of the front of a neighbor’s existing dwelling.   Fences connecting the dwelling to the side boundary, along side setback lines and along rear setback lines may be constructed to a height not to exceed six (6) feet from the finished grade. When plants and trees are used in the rear and side areas of lot as fencing it may be allowed to grow to its natural mature height. In the front setback area, masonry materials used for fencing shall be limited to pedestals. Fence, gates or plant sections may be connected to pedestals. Masonry pedestals and attached gates shall not exceed five (5) feet in height measured from the finished grade. Masonry pedestals shall not exceed 2½ feet in width and length. No wire, chain link or picket-style fences shall be permitted forward of the front line of the dwelling. No fences shall be erected in the front setback area with less than 75% open area in the structure. Fences in the side and rear areas shall be erected with the finished side facing the adjoining lot. Existing non-conforming conditions shall be exempt until replacement of more than 50% is required due to, but not limited to, deterioration, fire or storm, at which time the non-conforming fence, masonry pedestals and/or gates shall be made conforming. No fence shall be constructed in a manner that impedes drainage flow.

5  Wing Walls
Wing walls shall not encroach upon any setback require­ment and shall be in harmony of design with the dwelling.

6  Pools and Fish Ponds
Only in-ground pools and fish ponds shall be permitted. Spas and Jacuzzis not exceeding ten (10) feet by ten (10) feet, or one hundred (100) square feet, shall be permitted above ground. All swimming pools shall be enclosed by a lockable screen enclosure or a fence of at least six (6) feet in height with a lockable gate. Swimming pools, fish ponds, spas and Jacuzzis shall be maintained in a clean, sanitary, algae-free condition, free of debris, insect larvae or vermin. Screen enclosures shall have screens intact.

7  Detached Buildings or Structures
No plans for detached metal sheds, detached garages or barns will be approved. Decorative and recreational structures and detached storage buildings may be permitted, at an existing dwelling, subject to DRAC approval of placement. Residing in any of the above buildings or structures is strictly prohibited. Pets and other animals may not be kept in any of the above buildings or structures. Detached storage buildings may be permitted with full Architectural Review Committee (ARC), Deed Restriction Advisory Committee (DRAC) and RCEOA Board approvals only if they conform to the existing surface and roofing materials of the residence. Maximum size will be no larger than ONE SINGLE STORY structure of sixteen by sixteen (16' x 16') feet. Exterior paint and roofing materials must be approved by the ARC, must match that of the residence at all times and must be maintained in a condition as near to new as reasonably possible in accordance to SEC. 3.G. of this Declaration. Construction of all approved detached storage buildings is to be completed within one hundred twenty (120) days following the approval of the plans by the DRAC and must conform to SEC. 3. E. Construction Periods and all other pertinent sections of this Declaration. All detached buildings are subject to DRAC inspection one (1) year after the anniversary date of building commencement and each year thereafter if the RCEOA Board of Directors deems it necessary. No detached buildings will be approved on empty lots.

8  Attached Buildings
Storage and utility buildings shall be permitted as at­tached additions to or part of a dwelling only if they conform to the existing exterior surface and roofing materials, and connect to the existing structure by full height walls (see definition for “Detached Structure” )  All new construction will not be located in such a manner that “open air” areas will divide the new construction from the existing structure.  This is to say that no “breezeways” shall be used as design elements to connect to the existing structure.   This is to guide the designer in creating a new structure that both adds integrity to the existing structure and will not detract from the overall form of the structure by appearing to be an “afterthought”.


E  CONSTRUCTION PERIODS
 
1  Pre-Construction
No lot shall be cleared of any trees, heavily bush hogged or contours altered until survey stakes are positioned and the DRAC has approved an Application For Architectural Review. Minimal bush hogging for survey purposes only may be approved.


       2  Construction
a. No external construction, whether a new dwelling, an addition, renovation, pool, pool enclosure, fence, driveway extension or repair, installation of satellite dish, communication tower or antennae, major structural repairs, exterior repainting in a different color or alterations, and construction of RCEOA approved detached storage buildings shall commence until after the official RCEOA Application for Architectural Review has been approved by the DRAC. Strict adherence to the approved site and building plans as per the approved application shall be maintained. Requests for subsequent changes to any approved plan shall be submitted to the DRAC for approval.

b. No concrete shall be poured until after the DRAC Architectural Review Committee has approved and returned Architectural Review Application and concrete forms placement meets RCEOA deed restrictions on setbacks and conforms to Hernando County building codes.

c. Allowable Construction Periods:
(1) New dwelling construction, including pool and pool enclosure, shall be completed within one (1) year of the date of commence-ment of lot clearance following the approval of plans by the DRAC.
(2) Additions, renovations, pool and pool enclosure, fence, driveway extension or repair, installation of external communication equip-ment, major structural repairs, exterior repainting and alterations, shall be completed within one hundred twenty (120) days following the approval of the plans by the DRAC.

3  Responsibility
The owner shall be responsible for the conduct and actions of the contractor or sub-contractor(s) and others. This includes, but is not limited to, excessive and unnecessary noises, such as loud radios, unnecessary shouting, profanity, strewing of garbage as well as the general behavior of the workers and the following conditions:
a. Debris resulting from clearing of the lot shall be removed from the lot, the right-of-way and all streets and roads within forty-eight (48) hours.
b. The surrounding lots, rights-of-way and easements shall not be used for dumping and/or temporary storage of trash, logs or equipment of any type.
c. Every effort shall be made to protect the drainage swales on the rights-of-way and any sprinkler heads thereon. All damage must be repaired by the contractor promptly. The parking of trucks and heavy equipment shall be permitted only on the construction site during the construction period.
d. Contractors shall provide a container as described by the Hernando County “Code of Ordinances,” and all waste building materials and workers’ garbage shall be deposited in said container by the end of the day’s work.

4  Post-Construction
The owner is responsible for the restoration of street or road edges after completion of the construction. All dwellings shall display a house address number clearly readable from the street.

F  DRIVEWAYS

All dwellings shall have a paved driveway of the swale type, installed at the time of construction. Driveway design shall be maintained in harmony with the River Country Estates community. No drainage culverts shall be installed without prior approval of the DRAC.

G  MAINTENANCE

All dwellings, structures, driveways, fences and parts thereof shall be maintained in a condition as near to new as reasonably possible. Painting, repairs and replacements shall be made as they become necessary or when the dwelling, structure or fence is no longer in harmony with the rest of River Country Estates. Colors and materials shall be kept in harmony with the River Country Estates Community. When repainting in a different color, an official RCEOA Application for Architectural Approval shall be submitted to the DRAC for approval.  The Association may perform maintenance or make repairs and assess the costs of any required exterior maintenance or repairs to the Owner of any Lot where such Owner does not maintain in a reasonable condition any portion of his or her Lot.

H  SATELLITE DISHES, COMMUNICATION TOWERS AND ANTENNAE

Satellite dishes, communication towers and antennae may be permitted behind the front line of the dwelling subject to DRAC approval.

I  NON-COMPLIANCE

Failure to comply with any part of this section of this Declaration within ten (10) days of receipt of written notice requesting compliance, by certified mail, shall be subject to action, as defined in Section 9.

SECTION 4

COMMERCIAL LOTS

A  GENERAL

1  Location and Zoning
Commercial lots include lots one (1) through nine (9), inclu­sive, Block C-1, lots one (1) through ten (10), inclusive, Block C-2 and lot one (1) Block 2, as recorded in Plat Book 17, pages 1–7 of the Public Records of Her­nando, Florida. All lots, with the exception of the front seventy-five (75) feet of Lot seven (7), Block C-2 are zoned C-1. That portion of lot seven (7), Block C-2 that supports the monopole sign is zoned C-2.

2  Appearance Features
Appearance of all structures, placement of all structures, provisions for park­ing, traffic flow and control of wastes must meet the approval of the RCEOA. Owners or purchasers must have the RCEOA approval, in writing, for any use of said lots.

3  Maintenance
Maintenance of all structures shall be as required in Section 3 paragraph G, and grounds shall be kept clear of dead limbs, vines, trash and rubbish, with plants, grass, and other growing features trimmed neatly to conform to the general high standards of River Country Estates.

B  SETBACK RESTRICTIONS

Minimum setback restrictions are defined in Hernando County “Code of Ordinances” and/or regulations governing commercial structures.

C  CONSTRUCTION PERIODS

1  Pre-Construction
No lot shall be cleared of any trees or heavily bush hogged until all necessary documents are approved by the DRAC.

2  Construction
No external construction whether an addition, renovation or new building shall commence until the official RCEOA application has been approved by the DRAC. All construction shall be completed within one (1) year of the date plans were approved by the DRAC. Strict adherence to the approved site and building plans as per the approved application shall be maintained. Re­quests for subsequent changes to any approved plan must be re-submitted to the DRAC for approval. The owner shall be responsible for the conduct and actions of the contractor or sub-contractor(s). This includes, but is not limited to, excessive and unnecessary noises, such as loud radios, unnecessary shouting, profanity, strewing of garbage as well as the general behavior of the workers and the following conditions:
a. Debris re­sulting from clearing of the lot shall be removed from the lot, the right-of-way and all streets and roads within forty-eight (48) hours.
b. The surrounding lots, rights-of-way and easements shall not be used for dumping and/or temporary storage of trash, logs or equipment of any type.
c. Every effort shall be made to protect the drainage swales on the rights-of-way and any sprinkler heads thereon. All damage must be repaired by the contractor promptly. The parking of trucks and heavy equip­ment shall be permitted only on the construction site during the construction period.
d. Contractors shall provide a container as described by the Hernando County “Code of Ordinances,” and all waste building materials and workers’ gar­bage shall be deposited in said container by the end of the day’s work.
e. No concrete shall be poured until the DRAC has been noti­fied that the forms are set so the DRAC can verify that the placement of the forms con­forms with the pre-ap­proved plans.

3 Post-Construction
The owner is responsible for the restoration of street or road edges after com­pletion of con­struction. No building shall be occupied until after final inspec­tion and approval by the DRAC.

D  NON-COMPLIANCE

Failure to comply with any part of this section of this Declaration within ten (10) days of receipt of written notice requesting compliance, by certified mail, shall be subject to action, as defined in Section 9.

SECTION 5
LAND USE, LANDSCAPING AND SIGNS

A  LAND USE

1  Activities
No noxious or offensive activity shall be carried on upon any lot, nor shall any­thing be done thereon which constitutes a nuisance.

2  Easements
All easements for utilities, drainage and access for other purposes shown on the plat of River Country Estates are hereby reserved as perpetual easements. Any wall, fence, paving, planting or any other improvement located in an easement area shall be removed at the request of the RCEOA, its successors or assigns or any public utility using said area, at the expense of the owner of the property.

3  Garage Sales
Only one garage sale per year per household shall be permitted. Garage sales shall be limited to no more than three (3) consecutive days. A garage sale permit, issued by the DRAC, shall be posted at each garage sale.

4  Propane Tanks
Any propane tank, up to 100 (lbs.) pounds, shall be placed back of the front line of the house and concealed from public view. Any propane tank over 100 (lbs.) pounds shall be buried underground.

5  Clotheslines
Clotheslines shall be placed behind rear of house; and, on corner lots, screened from street side by a fence or shrubs.

6  Mailboxes
Mailboxes must be uniform and of a type approved by the Association.

B LANDSCAPING

1  Requirements
The front lawn from the house to the street must be sodded, excluding founda­tion planting beds and islands, within thirty (30) days after occupancy is ap­proved. In the case of corner lots, sod must also cover the area between the side of the house and the adjacent street. All dwellings constructed after Janu­ary 1, 1997 shall use St. Augustine-type sod and shall have an automatic sprinkler system installed in all sodded areas within thirty (30) days of occu­pancy. All lawn replacement shall use St. Augustine-type grass.

2  Alternatives
The RCEOA will not prohibit any property owner from implementing Xeriscape or Florida friendly landscape/grass.  Any landscaping maintenance or proposal is hereby deemed an approved alternative if the maintenance or proposal complies with Hernando County’s current landscape ordinance.  Chapter 10, Article II, Code of Ordinances, Hernando County, Florida, or any subsequent landscape ordinance for Hernando County.

3  Maintenance
a. Lot owners are required to maintain the appearance of their landscaping. Lawns, beds or islands shall have no area of dead plant material visible. All landscaping shall be kept in harmony with the River Country Estates community. No front lawn shall have bare areas, and shall be maintained and mowed to the street.
b. On developed lots, grass higher than 10" or weeds higher than 12" are considered unacceptable. If the property owner does not respond within seven (7) days of receipt of written notification, the RCEOA will have the option to have the lawn cut and the owner billed for the cost plus any other expenses incurred and deemed proper by the RCEOA.
c. Trees and limbs on vacant lots determined by the DRAC to be an eyesore or hazard, will be brought to the attention of the lot owner. Should the lot owner fail to take action within seven (7) days of receipt of written notification, the RCEOA will have the option of correcting the problem and billing the owner for the expense.

4  Burning
Burning of waste of any type on any lot in River Country Estates shall be prohibited.

C  SIGNS

1  Description
No sign of any kind shall be displayed on any residential lot or structure other than one (1) sign, not more than six (6) square feet in area and no more than six (6) feet from the ground line to the top of the sign or sup­port, offer­ing the property for sale, open house or rent. Attached “SOLD” signs are permitted throughout the sale closing period. However, all signs must be removed within seventy-two (72) hours after the final closing. Warning, security or address signs may be ap­proved by the DRAC.  All signs offering the property for sale
shall state ‘DEED RESTRICTED’.  Any signs or markings indicating that a vehicle, trailer, watercraft, RV, camping trailer, or any other unit of this nature or any miscellaneous item of any kind is for sale shall not be permitted, notwithstanding an approved garage sale permitted under Section 5 A 3.  Signs that do not comply with the above requirements may be removed without notice by or at the direction of the Board of Directors and the Board shall also have the authority to make the sign comply with this Declaration, such as by affixing a sticker stating “Deed Restricted”.

2  Builders or Contractors
A sign, not more than six (6) square feet in area and no more than six (6) feet from the ground line to the top of the sign or support, advertising a builder or contractor will be permitted only until the work is completed.

3  Placement
All signs shall face and be parallel to the property’s legally addressed street and shall be within the owner’s prop­erty line.

D  NON-COMPLIANCE

Failure to comply with any part of this section of this Declaration within ten (10) days of receipt of written notice requesting compliance, by certified mail, shall be subject to action, as defined in Section 9.

SECTION 6

PARK REGULATIONS

The Association owns certain property located within the subdivision which is currently used as a community park. Behavior in the River Country Estates Park is regulated by the active provisions of the “Rules and Regulations”---River Country Estates Private Park,” which have been distributed to all property owners.  These regulations will be enforced by the RCEOA and, in the event of violations,  appropriate action will be taken against the violator involved.  The Board of Directors may suspend the rights of any owner and the owner’s tenants, guests, and invitees, to use park and other common areas and facilities, if the owner’s dues and assessments are not current.
































River Country Estates Owners' Association, Inc.
5331 Commercial Way Suite 106
Spring Hill, Florida 34606
RULES AND REGULATIONS
RIVER COUNTRY
 [Updated 12/12/17]

1. GENERAL:

A. The Park is the private property of the River Country Estates Owners' Associa­tion, Inc.  Its use is reserved solely for River Country Estates' property owners and their in­vited guests. Owners and tenants of owners per lease agreement submitted to RCEOA must accompany guests at all times while in the River Country Estates Park. (Updated 4/11/17).
B. Property owners are responsible for the conduct of their invited guests and ensur­ing that the Park is used in accordance with all Rules and Reg­ulations.
C. All requests for variances or exceptions to the Rules and Regulations must be submitted, in writing, to the Board of Directors.
D. Parents or guardians will be held strictly responsible and accountable for the ac­tions of minors in regard to any violation of Park Rules and Regulations.
E. The Board of Directors may suspend the rights of any owner and the owner's tenants, guests, and invitees, to use park and other common areas and facilities, and to have access to the RCEOA Office, all meetings, and records of the Association and its members, if the owner's dues, assessments, legal fees, and interest are not current, and/or if the owner's property is in violation of the Declaration. Nonpayment of delinquent dues, legal fees and interest as allowable by law in excess of $1,000.00 shall constitute a lien. The official recording of the Declaration and these Rules and Regulations constitutes constructive notice to all owners accruing such debt to RCEOA subsequent to 12/12/17. [Updated 12/12/17].


2. PARK HOURS:

Sunrise to Sunset. PARK IS CLOSED FROM DUSK UNTIL DAWN:
NO EXCEPTIONS. [Updated 7/10/12].


3. NOISE:

While in the Park no person shall make excessive or unnecessary noise.

4. PRESERVATION OF PROPERTY:

A. No person shall willfully mark, deface, displace, damage or remove any public utility or Park property. If so done, restoration will be made at the expense of the violator.
B. No person shall add any structures, plants or shrubs, unless approved in writing by the Board of Directors.
C. No person shall cut, carve, remove or injure trees or plants, or attach any rope, wire or other contrivances to any tree or plant.

5. PROTECTION AND PRESERVATION OF WILDLIFE:

No person shall molest or harm any wild creature. Dangerous creatures will be re­moved by Wildlife Officials.

6. PIER AREA:

A. Fishing for recreation is authorized. Catch and Release only. Florida licens­ing and permit requirements apply. ( Updated 1/12/16 ).

            B. The Pier must be kept clean.
C. No refuse, trash or oil shall be dumped into the lake.
D. No water shall be pumped from the lake for a property owner's personal use. Any unauthorized pipes (PVC or otherwise) will be cut.

7. RECREATION ACTIVITIES:

While using the Park, it is the responsibility of each visitor to conduct his activities in such a manner so as to prevent injury to or loss of life of any person.

8. SWIMMING:

No swimming or wading in the lake is allowed.

9. BOATING:

No boating, rafting, tubing or floating in the lake is allowed.

10. HUNTING AND FIREARMS:

A. No hunting or trapping is permitted.
B. Weapons of any description are prohibited in the Park.

11. PICNIC AREAS AND USE:

A. No fires are permitted, except in an approved grill; and such fires must be extin­guished before leaving the area.
B. Trash shall be placed in disposal receptacles where provided. If there are no such receptacles available, refuse shall be carried away from the Park area by the person(s) bringing it into the Park.

12. GAMES:

A. Games may be played only in the areas specifically designated for such games. League play is prohibited.
B. Tennis Court entry will be by use of a key issued to the property owner. Anyone climbing over the fence will be considered trespassing. Posted rules of play must be observed.



13. DOMESTIC ANIMALS:

A. All domestic animals other than dogs and cats are prohibited. Dogs and cats shall at all times be restrained and on an adequate leash not greater than six (6) feet in length. The owner or caretaker is responsible for the immediate removal of any solid excreta deposited by their animal. Violations shall be reported to the County, and subject to County penalties.
B. The Board of Directors may make exceptions for demonstrations and petting animals at special events.

14. TOY FIREARMS, FIREWORKS AND EXPLOSIVES:

A. No person shall at any time bring into, have in their possession or discharge any­where in the Park a dangerous toy or instrument that dis­charges projectiles.
B. No person shall bring into the Park any fireworks of any type or have in their pos­session explosives or inflammable material other than fuel for maintenance equipment.

15. POLLUTION OF WATERS:

Using the lake, storm sewers or drains flowing into same as dumping places for any substance or matter which may result in the pollution of the water is prohibited.

16. REFUSE AND TRASH:

No person shall deposit, drop or place any refuse/trash upon the ground, in the lake or in or on any other Park property.

17. DRUNKENNESS, NARCOTICS, IMPROPER CONDUCT AND PROFANE LANGUAGE:

A. Individuals under the influence of alcohol, drugs or narcotics will not be permit­ted entry to Park areas; if discovered therein, will be subject to arrest and immediate ex­pulsion.
B. The sale, possession or consumption of alcohol in any form and/or illegal drugs or narcotics is prohibited.
C. Actions that are improper or immoral and/or the use of profane language is pro­hibited. Such conduct shall subject the violator to removal from the Park property.

18. VEHICLES:

A. Motorized vehicles are prohibited, except for maintenance of the area and service of authorized functions.
B. Motorized wheelchairs and other motorized vehicles used for individual transpor­tation of the physically handicapped are exempt from the above provision.
C. The Board of Directors may make exceptions, such as overflow parking, for special events.


TENNIS AND BASKETBALL COURT RULES



1.  Courts are for River Country Estates Owners and their Guests ONLY.
2.  Tennis Shoes and Basketball Sneakers ONLY must be worn.
3.  Appropriate tennis attire must be worn at all times.
4.  No Bicycles/Skateboards/ Motorized Vehicles are allowed on courts.
5.  Pets are not allowed on the courts at any time.
6.  Play is limited to 1-1/2 hours for singles, 2 hours for doubles when others are waiting.
7.  Wait for your court off the courts in a quiet courteous manner.
8.  Courts can be used for practice ONLY when no one is waiting.


COURT KEYS

Any River Country Estates resident or lot owner may obtain a key to the tennis courts—one key per family.   A $10.00 fee will be charged for a key.  If you feel other players may not be following court rules or are not River Country Estates owners or their guests, refer your complaints to the RCEOA Office. 

Please return any keys that are found to the RCEOA Office: (352) 596-0740.

TRASH

There is no regular trash pickup for the Park.  Please help us keep the Park clean by taking your trash, along with any other trash you find, with you.  Thank you for your help.

SUGGESTIONS

These rules for our tennis courts and basketball courts were made by the Park Committee and the Board of Directors. Suggestions for changes or additions should be referred to the RCEOA Board of Directors via the RCEOA Office: (352) 596-0740  [email protected]


Section 7
     VEHICLES

A  RESTRICTIONS AND CONTROLS

1  Storage
No inoperable or partially disassembled vehicle is permitted on any lot in River Country Estates, except in a closed garage.

2  Parking
Parking of any vehicle on any lawn or undeveloped lot shall be prohibited.
 No commercial ve­hicle(s) shall be parked outside on any residential lot in River Country Estates, except in a closed garage. The only exception is that commercial vehicles present on business at the request of a resident or the Association may be parked while servicing the resident’s lot or common areas      (Amended October, 2011).

3   Parking of Boats, Trailers, Recreational Vehicles and Others
Recreational vehicles, trailers, boats, boat trailers and similar vehicles may be parked or stored behind the rear building line; but not closer than twenty-five (25) feet to the rear property line, nor closer than ten (10) feet from the side property line, or kept in a closed garage. On corner lots, shrubs or fencing shall block above-mentioned from street view. Living in any of the above is prohibited. Effective on October 31, 2011, motor homes may no longer be parked on any lot in River Country Estates. Those owners who parked their motor homes on a lot prior to October 31, 2011 may be grandfathered by registering their motor home with the Board before November 30, 2011 in accordance with registration procedures to be promulgated by the Board. Motor homes registered with the Board may continue to be parked in the manner indicated above, until such time as the owner transfers his lot to a new owner (Amended October, 2011).

4  Guest Passes
Owners must obtain a parking permit for their guests from the DRAC for tem­porary parking of recreational vehicles or motor homes on a driveway. Guest parking permits are for no more than fourteen (14) consecutive days, one permit per calendar year, unless extended by the DRAC. Permits shall be displayed to be visible from the street.

B  NON-COMPLIANCE

Failure to comply with any part of this section of this Declaration within ten (10) days of receipt of written notice requesting compliance, by certified mail, shall be subject to action, as defined in Section 9.

SECTION 8

WASTE MATERIALS

A  STORAGE

1  Waste Containers
All waste shall be kept in sanitary, covered, animal proof containers. These containers shall be located in an appropriate place, concealed from street view.

2  Waste Pick-Up
Waste containers shall be placed at the foot of the driveway no sooner than the evening before the scheduled pick up. These containers must be returned to their storage places by nightfall of the day of pick up.

3  Storage Time
No waste shall be stored in excess of seven (7) days.

B  DISPOSAL

No waste materials shall be buried, dumped, or otherwise stored on any lot in River Country Es­tates. No owner or occupant shall dump or store any waste material on any lot, including wooded areas of their own property.  Garbage may be collected by a
 licensed Hernando County con­tractor or deliv­ered to a Hernando County waste disposal area. Properly constructed and maintained compost facilities may be permitted under these rules.

C  NON-COMPLIANCE

Failure to comply with any part of this section of this Declaration within ten (10) days of receipt of written notice requesting compliance, by certified mail, shall be subject to action, as defined in Section 9.

SECTION 9
ENFORCEMENT PROCEDURES

A  GENERAL ENFORCEMENT INFORMATION

These covenants, the Articles of Incorporation, the Bylaws, and the Rules and Regulations established by the Board of Directors, may be enforced by the RCEOA or any individual lot owner through court action against any person or persons violating any of these restrictions either to re­quest immediate compliance by injunction and/or and action for specific performance and/or to recover damages. In such action the prevail­ing party shall be entitled to an award of attorneys’ fees and reasonable court costs. In the event of any violation, the Association,on, on its own behalf, may, but is not required to, bring appropriate action to enjoin such violation or to enforce the provisions of such document or sue for damages, or take all such courses of action at the same time, or bring appropriate action for such other legal or equitable remedy as it may deem appropriate.  Failure by the Association to enforce any such provision shall in no event be deemed a waiver of the right to enforce later violations.

B  RCEOA ENFORCEMENT INFORMATION

1  Documenting Violations
The DRAC shall deter­mine violations, request com­pliance and advise violators of possible consequences in accordance with written provisions and guidelines established by the Board pursuant to Section 1 Article IX of the Bylaws (Amended October, 2011).

2  Authority
Authority to send written notifications of violation by certified mail (“return receipt requested”), with request for compliance, and to file legal actions shall be the sole re­sponsibility of the Board of Directors.

3  Procedures for Actions

Violations not brought into compliance, may be enforced through Court action which will in­clude requests for reimbursement of Attorney’s fees and costs. As indicated in Section 3.D.1 above, the owner(s) of a Lot shall be jointly and severally responsible for compliance by all residents and tenants of the Lot with this Declaration, the Articles of Incorporation, the Bylaws, and such Rules and Regulations as the Board of Directors may from time to time enact. The Association shall be entitled to recover from the owner(s), tenants(s) or resident(s) of the Lot, including any costs and reasonable attorney's fees incurred in enforcing the Declaration, Articles of Incorporation, Bylaws and Rules and Regulations (Amended October, 2010).

b. If contracted services are deemed necessary, the Board may authorize service and issue a bill to the owner by certified mail (“return receipt re­quested”), due within thirty (30) days of receipt. Failure to satisfy this bill, may result in the RCEOA using all legal actions available for collection of reimbursement of contracted services, for the interest currently allowable by law, attorney’s fees and costs and/or a request for judgment for action.

The Officers, Directors and a majority of Members present at the membership meeting of RIVER COUNTRY ESTATES OWNERS'ASSOCIATION, INC., as assignee of RIVER COUNTRY ASSOCIATES, LTD., have caused these Deed Restrictions to be amended and restated, by a majority and/or unanimous act of the Board and membership present at a meeting of the membership on the 12th day of April, 2016.

RIVER COUNTRY ESTATES OWNERS'ASSOCIATION, Inc.

By: ____________________________________
       David Bonomo, its President


Attest: __________________________________
         Teri Lawson, its Secretary