St. Michel Village Architectural Standards Manual
February 2, 2010 Page 1
St. Michel
Village
Architectural
Standards
Manual
(Final version)
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 2
Table of Contents
Section 1…………………………………………………………………………………Page 3 Definitions Section 2…………………………………………………………………………………Page 3 Objectives and Purposes Section 3…………………………………………………………………………………Page 4 Development of ASM Section 4…………………………………………………………………………………Page 5 Exterior Maintenance Assessment Section 5…………………………………………………………………………………Page 7 Building Setback lines Subdivision of Lots Section 6………………………………………………………………………………..Page 7 Construction Review Process Section 7………………………………………………………………………………..Page 11 Building Design and Specifications Section8………………………………………………………………………………….Page 15 Regulations of Fences and Walls Section 9………………………………………………………………………………..Page 16 Regulation of Storage Sheds Section 10………………………………………………………………………………Page 16 Parking Regulations Section 11……………………………………………………………………………..Page 18 Satellite Dishes Section 12……………………………………………………………………………..Page 19 Nuisances and Waste Section 13…………………………………………………………………………….Page 21 Remedies for Violations Section 14…………………………………………………………………………….Page 25 Exculpation
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 3
Section 1 – Definitions
The following terms used in the Architectural Standards Manual are
being used as defined in the Amended and Restated Declaration of
Covenants, Conditions and Restrictions for Saint Michel Village, Article
I, Definitions:
Architectural Review Local Government (1.18)
Committee* (1.1) Lot (1.19)
Architectural Standards Owner (1.20)
Manual (1.2) Plat (1.22)
Association (1.5) Residential Property (1.23)
Board (1.6) Rules and Regulations (1.24)
City (1.8) Saint Michel Village (1.15)
Common Property (1.10) Subject Property (1.25)
Declaration (1.12) Subdivision (1.26)
Government Regulations (1.14) Unit (1.27)
Improvements (1.16)
* The terms Architectural Review Board (ARB) and
Architectural Review Committee (ARC) refer to the same
entity and are interchangeable.
In addition, Declarant shall mean and be defined as the Association
of Saint Michel Village Homeowners’ Association, Inc., a corporation
not –for-profit, organized and existing under the laws of the State of
Florida as established and governed by the Declaration.
Section 2 – Objects and Purposes
The following Objects and Purposes used in the Architectural Standards
Manual are being used as defined in the Amended and Restated
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 4
Declaration of Covenants, Conditions and Restrictions for Saint Michel
Village, Section XII, Architectural and Landscape Control:
Reservation of Architectural and Landscape Control (12.1) Architectural Review Committee (12.2) Appointment of Architectural Review Committee (12.3) Purpose and Function of Architectural Review Committee (12.4) All Improvement Subject to Approval (12.5) Standards and Review Approval (12.6) Section 3 – Development of Architectural Standards Manual
Architectural Standards and Architectural Standards Manual. The
Architectural Review Committee shall develop, adopt, promulgate,
publish, and make available to all Owners and others who may be
interested, either directly or through the Association, at a reasonable
charge, and may from time to time change, modify, and amend the
manual setting forth detailed architectural and landscape design
standards, specifications, and criteria to be used by Owners and the
Committee as a guide or standard for determining compliance with the
Declaration and the acceptability of those components of development,
construction, and improvement of the Subject Property requiring
review and approval by the Committee.
The Architectural Standards Manual, together with any changes,
modification, or amendments, must be approved by the Board of
Directors in writing prior to its adoption and promulgation. The
Architectural Standards Manual may include a detailed interpretation
or explanation or acceptable standards, specifications, and criteria for a
number of typical design elements, including without limitation, site
planning, architectural design, building materials, building construction,
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 5
landscaping, irrigation, and such other design elements as the
Committee shall, at its sole discretion, determine.
Section 4 – Exterior Maintenance
Grounds and Yard Maintenance
Vegetation. Grass, hedges, shrubs, vines, trees, and mass plantings of
any type on each Lot shall, at regular intervals, be mowed, trimmed,
edged and cut so as to maintain the same in a neat and attractive
manner. Trees, shrubs, grass and plants that die shall be removed and
replaced as soon as practical. (e.g. plant death caused by neglect shall
be removed and replaced promptly. Plant death caused by severe,
unusual, or atypical weather conditions shall be removed and replaced
promptly after such weather conditions cease to be a factor).
Rubbish. No weeds, vegetation, rubbish, debris, garbage, objects,
waste, or materials of any kind whatsoever shall be placed, nor
permitted to accumulate, upon any portion of any Lot, which would
render it unsanitary, unsightly, offensive, or detrimental to the
properties in the vicinity thereof or to the occupants of any such
property in such vicinity.
Lawns. All residences must have grass lawns. Lawns may be over
seeded or plugged to change the turf variety or to promote healthy
looking lawns in the winter. All new lawns or lawn replacements must
be sodded. Desert type yards of sand and rock are prohibited.
Building Materials/Supplies. No building material of any kind or
character shall be placed or stored upon any Lot so as to be open to
view by the public or neighbors, unless such materials will be used
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 6
within two (2) months for the construction of buildings or structures
upon the Lot on which the materials are stored.
Exterior Maintenance Assessment. In addition to maintenance upon
the Common Property, the Association may provide upon any Lot
requiring same – when necessary in the opinion of the Board of
Directors of the Association to preserve the beauty and quality of the
neighborhood – maintenance, including but not limited to paint, repair,
roof repair and replacement, gutters, downspouts, exterior building
surfaces and yard cleanup and/or maintenance. This remedy shall be
available in addition to any other legal or equitable remedy pursued by
the Association.
Assessment of Cost. The cost of such maintenance shall be assessed
against the Lot(s) upon which such maintenance is performed. The
Assessment shall be apportioned among the Lots involved in the
manner determined to be appropriate by the Board of Directors of the
Association. If no allocation is made, the Assessment shall be uniformly
assessed against all Lots in the affected area. The exterior maintenance
Assessment shall not be considered part of the annual or special
Assessments. Any exterior maintenance Assessment shall be a lien on
the Lot and the personal obligation of the Owner and shall be come due
and payable in all respects, together with interest and fees for cost of
collection, as provided for the other Assessments of the Association,
and shall be subordinate to mortgage liens to the extent provided by
Article V, subparagraph “10” of the Amended and Restated Declaration
of Covenants and Restrictions for Saint Michel Village.
Access at Reasonable Hours. For the purpose of performing the
maintenance authorized by the above stated article, the Association,
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 7
through its duly authorized agents or employees, shall have the right,
but not the obligation, after giving a seven (7) day notice in writing to
the Owner, to enter upon any Lot or the exterior of any improvements
thereon between the hours of 9:00 A.M. and 5:00 P.M on any day
except Sunday or at a mutually agreed time, and such entry shall not be
deemed a trespass. In the event there is a serious health or safety
hazard, the seven (7) day notice requirement shall be waived.
Section 5 – Building Setback Lines
The setbacks will be as per the City of Rockledge zoning specifications
as may be changed from time to time. In no case shall any part of the
main structure be constructed, erected, placed, or installed any closer
to the property boundary lines of any Lot than: front – 25’ (twenty-five
feet), rear – 20’ (twenty feet), sideline – 8’ (eight feet) for one and 10’
(ten feet) for the other.
A copy of the Platted Subdivision, as recorded in Book 40, pages 64 and
65 of the Official Public Records of Brevard County Florida, is kept and
maintained by the ARC for reference and may be viewed by
appointment.
Subdivision of Lots. No Lots, as shown on the Subdivision plat, shall be
subdivided except that one or more Lots, or parts thereof, abutting
other Lot(s) may be joined to increase the size of such abutting Lot(s),
and such Lot(s) of increased size shall thereafter remain as one building
site.
Section 6 – Construction Review Process
Prior Committee Approval. Whether or not provision therefore is
specifically stated in any conveyance of a Lot, the Owners or occupants
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 8
of each and every Lot by acceptance of title thereto, or by taking
possession thereof, covenant and agree, for themselves, their heirs,
administrators, personal representatives, successors or assigns, that no
structure or improvement shall be placed on any Lot, nor shall any
exterior additions, changes or alternations therein be made until the
plans and specifications showing the nature, kinds, color, shape, height,
materials, and location thereof have received the prior approval of the
Committee. “Structure or Improvement” as used herein shall include,
but not be limited to, fences, storage sheds, swimming pools, porches,
alteration of the exterior surface of the home (including screened
porch, swimming pool, or paint), addition or extension of concrete
surfaces (walks, patios, driveways or slabs), solar energy devices,
decorative buildings (such as gazebos) and alterations or construction
shall be in accordance with the terms hereof and with all applicable
Codes and Ordinances of the local governing agency issuing permits for
construction or land alteration, in effect at the time of such proposed
construction or alteration. The Committee shall have the right to
approve or disapprove any improvement or structure.
Interior Alterations are Exempt. Nothing contained in the ASM shall be
construed so as to require the submission for approval of the ARC of
any plans, specifications, or other material for the reconstruction or
alteration of the interior on any building, structure or other
Improvement constructed on Residential Property or Common
Property, after having been previously approved by the ARC, unless any
proposed interior construction or alteration will have the effect of
changing or altering the exterior appearance of such building, structure,
or other Improvement. Or unless specifically stated in the Declaration
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 9
or unless it shall have the effect of materially reducing the retail valued
of the home or Lot.
Disposition. Approval or disapproval of the plans, specifications and
plot plans must be given in writing thirty (30) days after the
Architectural Review Committee’s meeting which next follows the
submission. If the approval, disapproval, or request for additional
information is not given within that time, then such written approval
shall not be required, provided, however, that no addition to any
single-family building, accessory building or structure shall be erected
that violates any of the provisions of the Declaration. Two (2) sets of
construction requests must be submitted to the Committee. The
Committee shall notify the Lot Owner, in writing, of the approval or
disapproval, and the response will be signed or initialed by two
members of the Committee. One (1) copy of the approval/disapproval
and plans and specifications will be returned to the Lot Owner. One (1)
copy of the approval/disapproval and plans and specifications will be
retained by the Committee to be made a part of the corporate records.
A copy of the final, signed disposition shall be given to the Board of
Directors for maintenance in the Official Public Records of Brevard
County Florida.
Submittal of Request for Improvement. The approval or disapproval of
plans, specifications, and locations by the Committee shall be based on
grounds including, but not limited to, aesthetic reasons, effect on
property value, and/or neighborhood conformity, and shall be at the
sole discretion of the Committee. The construction request provided to
the Committee shall include detailed sketches, a copy of the permit as
applicable, and include location to main structure and to property lines,
size, materials, shape and color, as applicable for the structure or
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 10
improvements. This request shall be submitted by the Lot Owner to
the Committee prior to the scheduled Committee meeting, to be
considered at the meeting. The Committee shall hand deliver or send
via U.S. mail its written response within ten (10) days of the Committee
meeting which followed the request. An application which does not
contain all of the information and documents required herein shall not
be considered by the Committee, shall not be deemed submitted for
any purposes hereof until complete, and it shall be the applicant’s
responsibility to bring his or her request into compliance. For purposes
of approval or disapproval deadline, an application shall first be
considered received on such date, as all required information and
documents are received. The Committee’s determination as to
completeness shall be binding.
In the event any required approvals are not obtained prior to
commencement of improvements, or in the event improvements are
made which vary from those approved, it shall be deemed that
approval was not given, and that a violation and/or breach of the
Declaration has occurred, and all enforcement provisions of the
Declaration shall be applicable. Changes, to, or replacement of
structures or improvements previously approved by the Committee,
shall require the approval of the Committee in the same manner as
required for the original structure or improvement.
Violation of Article VIII. In the event of a violation of Article VIII of
Declaration, the Lot Owner shall be responsible for all costs associated
with the removal or modification of the structure or improvement that
caused the violation and, additionally all enforcement provisions of the
Declaration shall be cumulatively applicable. The Lot Owner shall also
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 11
be responsible for any legal expenses and costs associated with the
Association’s enforcement of this section.
Duration of Approval. All exterior construction, paint and other
activities relating to a structure or improvement for which plans and
specifications are required to be submitted to the Committee for
approval shall be completed within thirty (30) days from the date of
commencement. All Requests for Improvement (RFI) are valid for
twelve (12) months from the date of written approval. The committee
may grant an extension of said thirty (30) day or twelve (12) month
period at its discretion.
If Improvement has not been completed within allotted time,
such approval shall expire, and no construction shall thereafter
commence without a resubmission and approval of the plans,
specifications, and other materials to the Architectural Review
Committee. The prior approval shall not be binding upon the ARC or
the resubmission in any respect.
Section 7 – Building Design and Specifications
Roofs. The roofs of the main body of all buildings and other structures,
including the principle residence shall be pitched. The pitch of all roofs
shall not be less than five inches (5”) in twelve inches (12”) (5/12
vertical/horizontal). All roofs shall be constructed of three tab, twenty
year, asphalt and fiberglass shingles. All roof colors must be of a
subdued tone to match the exterior paint of the structure. Metal
roofing material may be considered by the Committee for use on porch
additions that are on the rear of the main structure and are not visible
from the public street. The use of metal roofing materials is expressly
prohibited on any Lot fronting either retention Lake/Pond.
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 12
Siding. The use of aluminum, vinyl, tin, or iron shall be specifically
prohibited for siding on any structure, unless otherwise expressly
approved by the Committee.
Garages and Carports. No carports shall be placed, erected,
constructed, installed, or maintained on residential property. Each
single-family residential dwelling constructed or maintained on
residential property shall have a garage as an appurtenance thereto.
All garages shall accommodate not less than one (1) standard size
passenger automobile. Garages may also contain appropriately sized
storage rooms, recreational workshops, and tool rooms. No garage
shall be converted to another use (e.g. living space) without the
substitution, on the lot involved, of another garage meeting the
minimum requirements of this Section of this ASM and having the
approval of the Committee.
Any modifications or alterations to the garage must be submitted to the
Committee for approval.
All garages must be set forth and be submitted to the Committee for
approval and be in conformity with the Architectural Standards Manual.
Veneers and Paint. False stone or simulated brick veneer may be
permitted on the exterior of any residence subject to the approval of
the Committee. Use of specialty material/texture shall be subject to
approval by the Committee. All exterior paint shall be submitted for
approval by the Committee prior to being applied on any residence.
Paint colors shall be of a subdued nature in keeping with the
uniqueness of the Subdivision. Uncovered or exposed (whether
painted or not) concrete or concrete block shall not be permitted as the
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 13
exterior finish of any building structure or wall unless approved by the
Committee.
Driveways, Sidewalks, and Walkways. All driveways shall be
constructed of concrete. Any changes of the materials/textures shall
be subject to approval by the Committee. Expansion of existing
driveways shall require Committee approval. Driveways may be sealed,
but may not be painted or stained, with a clear coat sealant so as not to
change or alter the natural color from that of the sidewalks and to
maintain uniformity within Saint Michel Village.
Stoops. The front stoop (porch) and/or the back porch may be
enhanced by a brick or tile facing.
Swimming Pools. Swimming pools may be constructed on any Lot and
are subject to the approval of the Committee. All pools must have
restricted access from all directions by fencing, screened enclosure
and/or the residential structure. Swimming pools shall be only of the
in-ground type, and shall be constructed of fiberglass, concrete or
concrete type materials. It is expressly forbidden by the St. Johns River
Water Management District to drain any waters from pools into the
street and consequently into the retention areas. All pools must be in
compliance with City of Rockledge Accessory Building and Structures
code which require a permit.
Solar Panels. The location of any proposed solar heating facilities must
be approved by the Committee. The preferred location of such devices
is on the back of the residence so as not to be visible from the street
and to not create an eyesore or interrupt the uniformity within Saint
Michel Village. Any solar renewable energy device and the
Committee’s review of same shall adhere to all provisions of the Florida
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 14
Statutes governing the installation of these types of facilities, as said
statutes may be amended from time to time.
Electric. Electrical connections to any structure built on a Lot shall be
buried underground. Overhead electrical connections are expressly
prohibited.
Dwelling Size. No residence, which contains a floor area of less than
twelve hundred (1,200) square feet of living area, shall be erected on
any Lot.
Drainage of Lots. Each Owner shall be responsible for maintaining the
drainage swale over the rear and sides of the Lot as per the plat of the
Subdivision, including mowing and removal of debris that might affect
the free flow of the storm water drainage system. In the event an
Owner is duly noticed by the Association or ARC, or governmental
authority, of a violation of this provision, and shall fail to timely remove
any debris or remedy any situation adversely affecting the storm water
drainage system that may exist on the Owner’s Lot, then the
Association shall have the power an duty to remove such obstruction
and to lien the Lot for any costs incurred in connection therewith,
including a reasonable attorneys’ fee that may be incurred for the
collection or prosecution thereof. It is expressly forbidden by the St.
Johns River Water Management District to drain any waters from pools
into the street and consequently into the Retention areas.
Shutters. The use of hurricane shutters is encouraged by the ARC.
Temporary/emergency hurricane shutters may be installed by any Lot
Owner without approval by the Committee. The installation of
permanent hurricane shutters is encouraged by the ARC. Permanent
installation of hurricane shutters shall be subject to the review and
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 15
approval of the Committee so as to keep an aesthetically pleasing
appearance within Saint Michel Village.
Portable Air Conditioning. No window or wall air conditioning units
shall be permitted.
Porches. Screen porches are permitted, but must have a trussed roof
with roofing materials that match the residence’s style, design and
structure, or they meet the metal roofing allowance in the Roofing
Section of this ASM.
Reconstruction of Damaged Improvements. In the event that a
residence or any Improvement on any Lot shall be damaged or
destroyed by casualty, hazard, or other cause, including fire or
windstorm, then, within a reasonable period not exceeding two (2)
months following the occurrence of the damaging incident, the Owner
of same shall cause the damaged or destroyed Improvements to be
repaired, rebuilt, or reconstructed, or to be removed and cleared from
his Lot. Any such repair, rebuilding, or reconstruction shall be approved
and accomplished as required pursuant to the provisions of the
Declaration and this Manual. Extensions of time may be granted by the
Committee, provided the owner shows a good faith effort at resolving
the issue.
Maintenance. All dwellings, structures, buildings, outbuildings, walls,
driveways and fences placed or maintained on the properties or any
portion thereof shall at all times be maintained in good condition and
repair.
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 16
Section 8 – Regulations of Fences and Walls
Specifications. Boundary and interior fences shall be permitted, except
as stated below, but only after written approval has been obtained
from the ARC. The ARC may condition its approval on the modification
of the type, location, design or materials used in the proposed fence of
wall. Fences are to be of vinyl or natural wood, board-on-board or
shadow box and concrete walls of a colored texture to match that of
the primary residence. Decorative screen walls (for trash receptacles,
AC units, etc.) may be erected subject to approval by the ARC. Use of
specialty materials/textures (i.e. Split-faced concrete block) is subject to
the approval of the ARC. Fences may be stained with prior approval of
color choice by the ARC. Two (2) color chips must be submitted with
request.
Height and Location. Fences are to be between four (4) and six (6) feet
in height. No wall or fence shall be erected or placed within the front
setback of any lot. Barbed wire fencing is prohibited under all
circumstances. No wire fencing of any kind, including chain-link, shall
be allowed.
Section 9 – Regulation of Storage Sheds
Sheds. All storage sheds shall require the approval of the Committee
prior to installation. Purchase of a unit prior to ARC approval shall not
constitute a hardship and shall not in any way be a factor in the ARC’s
review process. Exceptions to shed styles may be made by the ARC on
a case-by-case basis. All sheds must be in compliance with City of
Rockledge Accessory Building and Structures code which require a
permit.
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 17
Sections 10 – Parking Regulations
General Parking Rules. No unregistered motor vehicle will be parked on
any Lot at any time, except in an enclosed garage. Boats, boat trailers,
pop-up camper trailers, and other types of trailer shall be parked in an
enclosed garage, or to the rear of the front line of the residence behind
and approved six (6) foot high fence and shall not be parked in the
street right-of-way. RVs and mobile homes shall not be used for
temporary or permanent occupancy in the Subdivision and shall not be
permanently parked or stored at the residence.
Parking on Grass. Under no circumstances shall any vehicle be parked
on the grass, except as allowed above, of any residence or any Saint
Michel Village Homeowners’ Association maintained area. During the
time that the county is placed under a forced water restriction usage, it
shall be permissible, and is encouraged, that vehicles be parked in the
grass immediately adjacent to the driveway for the sole purpose of
washing the vehicle. Immediately upon completion of washing, the
vehicle must be removed from the grass and parked back on the
driveway or in the garage.
Commercial Vehicles. The parking of commercial vehicles (which
description shall include but not be limited to: any vehicle utilized
primarily for commercial purposes or bearing any commercial signage;
any trucks larger than a full-size pick-up truck; tractor-trailers; semi-
trailers and commercial trailers) at any time on driveways or otherwise
on a Lot, on the Common Property or on the Streets of the Subdivision,
is prohibited except during constructions and for brief loading and
unloading purposes.
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 18
Private Vehicles. Residents may not keep vehicle parked outside the
garage on a regular or recurring basis unless parked on the driveway.
Removal of Vehicles by the Association. Any private, commercial,
recreational, or other vehicle parked or stored in violation of these
restrictions or in violation of any rules and regulations adopted by the
Association concerning the same may be towed away or otherwise
removed by or at the request of the Association and at the sole
expense of the Owner of such vehicle.
In the event of such towing or other removal, the association and its
employees or agent shall not be liable or responsible, to the owner of
such vehicle; the trespass, conversion, or damage incurred as an
incident to or for the cost of such towing or other removal. The
Association, its employees, or agents shall not be guilty of any criminal
act or have any civil liability, by reason of such towing or removal, even
in the failure of the Owner of such vehicle to receive any notice of
violation of this provision.
Repair of Vehicles. No passenger automobile, commercial,
recreational, or other motorized vehicle, or trailer, or trailerable boat,
or the like, shall be dismantled, serviced, rebuilt, repaired, or repainted
outside of the garage. Notwithstanding the foregoing provisions of this
paragraph, however, it is expressly provided that the foregoing
restriction shall not be deemed to prevent or prohibit those activities
[not exceeding four (4) hours] normally associated with an incident to
the day-by-day washing, waxing, and polishing of such vehicles or such
repairs as may be necessary in an emergency situation. Repairs, service
or painting made within the confines of a garage or designated
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 19
enclosure may be denied by the Association if deemed a nuisance by
the Association.
Section 11 – Satellite Receiving Dishes, Transmitters and Antenna
Antenna. No radio, microwave, or other electrical transmission
equipment, including ham radios, citizen band radios, outside antennas,
satellite dishes, outside sending devices, and the like, shall be
permitted on any Lot. The ARC may approve, in writing, the use of small
dish type receiving devices so long as the operation of such equipment
does not interfere with ordinary radio and television reception or
communication equipment and so long as the placement of such
equipment is minimally visible from any street or road and is deemed
aesthetically acceptable by the ARC.
Section 12 – Nuisances and Waste
Clotheslines. Clotheslines may be maintained on a Lot. Clotheslines are
considered a structure and must receive the prior written approval of
the Committee before they are located on the Homeowner’s property.
Repairs. No part of any Lot shall be used for major automotive, motor
or engine repairs except that tune-ups and minor repairs may be
conducted within the garage on the Lot by the Lot Owner while working
on his/her own automobile, motor or engine.
Trash. No garbage, trash or other refuse from the premises shall be
placed or emptied upon the surface of any Lot.
Ponds. No motorized boats shall be permitted to be used on any of the
retention ponds situated in the Subdivision. No swimming or inner
tubing shall be permitted on the retention ponds as well.
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 20
Home Businesses. Home businesses will be allowed in the Subdivision
as long as they do not result in increased traffic flow or increase on-
street parking. No signs will be allowed to be displayed.
Animals. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any part of any Lot, except that dogs, cats and any
other household pet may be kept thereon if they are not raised, bred,
kept, or maintained for commercial purposes. In the event of dispute
as to the reasonability of the number of such cats, dogs or household
pets kept upon the Properties, the decision and opinion of the Board
shall control.
Pets. All pets must be carried or kept on a leash when outside of the
Owner’s property. Each Owner shall be responsible for his/her pets
and the pets of any person residing in their residence. Any resident
shall pick up and remove any solid animal wastes deposited by his/her
pet on the Common Areas or on any other Residential Lot.
Play Apparatus. Swings, climbing gyms and other children’s play
apparatus may be installed without the approval of the Committee.
These apparatus, however, shall not be forward of the rear setback line
of the residence.
Basketball Goals. Mobile basketball goals are an exception that may be
used on the driveway of the residence.
Canopies. Canopies or similar temporary structures shall not be
maintained on a Lot for longer than three (3) consecutive days. Canopy
style storage areas or carports shall not be constructed or maintained
on a Lot.
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 21
Signs. All political, campaign, real estate, and garage sale signs must be
displayed in compliance with current City of Rockledge Ordinances and
guidelines, available at www.cityofrockledge.org and at the Code
Enforcement Department located at Rockledge City Hall, and do not
need prior approval by the ARC. Any other signage may not be
displayed to public view on any Lot without the prior written approval
of the ARC.
Section 13 – Remedies for Violation
Enforcement of Violation. For a violation or breach of any provisions of
this Amended and Restated Declaration by any person or entity, the
Association, any Owner, the City of Rockledge or the St. Johns River
Water Management District, shall have the right to proceed at law or in
equity, to compel compliance with the terms hereof, or to prevent the
violation or breach of any of them. The failure to promptly enforce any
provision of the Amended and Restated Declaration shall not bar their
enforcement. The prevailing party in any dispute arising hereunder
shall be entitled to recover reasonable attorney’s fees. The Board of
Directors shall have the right to assess fines, in addition to its other
remedies, as provided in Chapter 720, Florida Statutes, as amended.
Remedies. In the event of a violation by any Owner or any tenant of an
Owner, or any person residing with them, or their guests or invitee,
(other than the non-payment of any assessment or other monies)of
ANY of the provisions of this Declaration, the Articles, the Bylaws or the
Rules and Regulations of the Association, the Architectural Review
Committee, duly backed by the Association, shall notify the Owner and
tenant of the Owner of the violation, by written notice sent via the
United States Postal Service. If such violation is not cured as soon as
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 22
practicable and in any event by the date and time specified in the
written notice of said violation, or if any similar violation is thereafter
repeated the ARC may, at its option:
Fine the Owner as provided in the Rockledge; Code of Ordinances,
Chapter 21 Traffic, Section 21-35. The fine shall be twenty-five dollars
($25.00), up to one thousand dollars ($1,000.00)
Enforce an Action. Commence an action to enforce the performance
on the part of the Owner or tenant, or for equitable relief as may be
necessary under the circumstance, including injunctive relief, and/or
Commence and Action. Commence an action to recover damages,
and/or
Take Necessary Action. Take any and all actions reasonably necessary
to correct such failure, which action may include, where applicable, but
is not limited to, removing any addition, alteration, improvement or
change which has not been approved by the Committee, or performing
any maintenance required to by performed by this Declaration.
Incurred Expenses. All expenses incurred by the Association in
connection with the correction of any failure, plus a service charge of
fifteen percent (15%) of such expenses, as allowed by Article 9.11 (d) of
the St. Michele Conditions, Covenants, and Restrictions, and all
expenses incurred by the Association in connection with any legal
proceedings to enforce this Declaration, including reasonable
attorneys’ fees whether or not incurred in legal proceedings, shall be
assessed against the applicable Owner, and shall be due upon written
demand by the Association. The Association shall have a lien for any
such Assessment and any interests, costs or expenses associated
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 23
therewith, including attorney’s fees incurred with such Assessment or
foreclose said lien as in the case and in the manner of any other
Assessment as provided above. Any such lien shall only be effective
from and after the recording of a Claim of Lien in the Public Records of
Brevard County, Florida as stated in the Florida Statutes, Chapter 15,
Liens.
Imposition of Fine. Prior to imposing any fine, the Owner shall be given
written notice via certified mail of the fact that the Committee, with
the support and authorization from the Board, is considering the
imposition of the fine, including (i) a statement of the provisions of the
Declaration, Bylaw, or Rules and Regulations which have allegedly been
violated, (ii) the proposed amount of the fine and the upper limits of
such fine, and (iii) the right of the Owner to request a hearing. If the
Owner desires to contest the fine, the Owner may demand a hearing by
written notice to the Board within the statutory time frame after the
notice of the fine, and in that event the Owner shall have a right to a
hearing, which shall be held in accordance with the law. The hearing
shall be conducted in accordance with any applicable statutory
provisions. At the hearing, the Owner shall have an opportunity to
respond, to present evidence, and to provide written and oral
argument on all issues involved and shall have an opportunity at the
hearing to review, challenge and respond to any material considered by
the Association. At the hearing, the fine previously imposed may be
approved, disapproved or modified. If the Owner fails to request a
hearing or fails to attend the hearing, The Owner shall be deemed to
have admitted the allegations contained in the notice to the Owner.
Payment of Fines. Any fine imposed by the Committee shall be due and
payable within ten (10) days after written notice of the imposition of
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 24
the fine, or if a hearing is timely requested within ten (10) days after
written notice of the decision of the hearing. Any fine levied against an
Owner shall be deemed an Assessment, and if not paid when due all of
the provisions of this Declaration relating to the late payment of
assessments shall be applicable.
Examples of Violations. Violations shall include but not be limited to:
Overnight parking in the street or parking in violation of this
Declaration
Parking of commercial vehicles on driveways or roadways
Parking of cars, vans, trucks, or motorcycles in a condition of
disuse or abandonment
Improper storage of waste receptacles on the driveways
Failure to notify and get proper approval from the Committee in
advance of any improvement of any kind being started
Failure to turn in two (2) complete sets of paperwork, permits (if
applicable), sketches along with dimensions to setbacks, and
details of any and all improvements.
Draining of swimming pools in the streets or retention ponds that
are under the jurisdiction of the St. Johns River Water
Management District
Deviation from the norm on paint colors for primary residence
Failure to clean up after pets while walking in the neighborhood
Failure to keep pets within units, fenced yard, or on a leash
Unsightly dirt, mildew, or chipped paint on the residence
Not maintaining yards, including flower/plant beds, in acceptable
manner
Doing any major automotive repairs on driveway
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 25
Dumping of waste, grass cutting, cans, bottles, etc. in the
conservation area.
Amount of Fines. Fines shall start at twenty-five dollars ($25.00) and
not exceed one hundred dollars ($100.00) per day per violation and not
to exceed a total amount of one thousand dollars ($1,000.00).
Precedence Over Less Stringent Governmental Regulations. In those
instances where the Covenants, Conditions, and Restrictions set forth in
this Declaration set or establish minimum standards or limitations or
restrictions on use in excess of Governmental Regulations, the
Covenants, Conditions and Restrictions set forth in this Amended and
Restated Declaration shall take precedence over the less stringent
Governmental Regulations.
Section 14 – Exculpation
Exculpation for Approval or Disapproval of Request for Improvement.
The Association, any and all members of the Architectural Review
Committee, and any and all Members of the Board of Directors,
Members of the Association, employees and agents, shall not either
jointly or severally be liable or accountable in damages or otherwise to
any Owner or other party or entity whomsoever or whatsoever by
reason or on account of any decision, approval, or disapproval of any
plans, specifications, or other materials required to be submitted for
review and approval pursuant to the provisions of Article VIII of the
Declaration, or for any mistake in judgment, negligence, misfeasance,
or nonfeasance related to or in connection with any such decision,
approval, or disapproval.
St. Michel Village Architectural Standards Manual
February 2, 2010 Page 26
Each Owner who shall submit plans, specifications, or other
materials to the ARC for consent or approval pursuant the provision of
aforementioned Article VIII, by the submission thereof, and each Owner
by acquiring title to any Lot and any interest therein, shall be deemed
to have agreed that he, she, or it shall not be entitle to and shall not
bring any action, proceeding, or suit against the Association, the Board,
the ARC, nor any individual Member, employee or agent thereof for the
purpose of recovering any such damages or other relief on account of
any such decision, approval or disapproval.
Additionally, plans, specifications, or other materials submitted to
and approved by the ARC or the Board on appeal, shall be reviewed
and approved only as to their compliance with the provisions of the
Declaration and their acceptability of design, style, materials,
appearance, and location in light of the standards for review and
approval specified in the Declaration and this Architectural Standards
Manual, and shall not be reviewed or approved for their compliance
with any applicable Governmental Regulations, including, without
limitation, any applicable buildings or zoning laws, ordinances, rules, or
regulations. By the approval of any such plans, specifications, or other
materials, neither the ARC, the Board, the Association, nor any
individual Member, employee or agent thereof, shall have assumed or
incurred any liability or responsibility whatsoever for any violation of
Governmental Regulations or defect in the design or construction of
any building, structure or other Improvement, constructed, erected,
placed, or installed pursuant to or in accordance with any plans,
specifications, or other materials approved pursuant to Article VIII of
the Declaration. Copies of any and all plans, specifications, or other
materials submitted to the ARC or the Association or the Board shall be