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Covenants of Skyview Estates, Inc.
As amended February 2021
SKYVIEW MOBILE HOME ESTATES, INC., a Florida Corporation
to
THE PUBLIC
DECLARATION OF COVENANTS, RESTRICTIONS,
LIMITATIONS, CONDITIONS, CHARGES AND USES
COVERING REAL PROPERTY DESCRIBED HEREIN.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, SKYVIEW MOBILE HOME ESTATES, INC., a Florida Corporation (referred to herein as “SKYVIEW ESTATES”, which shall be construed to mean its successors, grantees, or assigns), is the Owner of certain real property described as follows, to-wit:
See legal description on attached Warranty Deed from Skyview Mobile Home Estates, Inc.
to Reynold W. Tyson and Mae B. Tyson, his wife.
(hereinafter referred to as “The Property”).
WHEREAS, SKYVIEW ESTATES desires to subject the Property to certain Covenants, Restrictions, Limitations, Conditions, Charges and Uses for the benefit of all owners of mobile home sites in Skyview Mobile Homes Estates in order to enhance the desirability of living in the surrounding mobile home unrecorded subdivision, to prevent nuisances, to prevent the impairment of the attractiveness of the Property, and surrounding sites within the subdivision, to maintain the desired tone of a properly operated and managed mobile home subdivision, to insure and secure to each site owner the full benefit and enjoyment of his or her mobile home, recreation and/or other facilities in the subdivision, with no greater restriction upon the free and undisturbed use of his or her site and his or her right to use the recreational facilities and other facilities that may be provided by Skyview Estates, than is necessary to insure the same advantages to other site owners:
NOW, THEREFORE, the following Covenants, Restrictions, Limitations, Conditions, Charges and Uses of the above described real property are hereby declared, established and prescribed:
I.
No lot or lots, platted or to be platted, in the Property shall be used for any use except for the parking and placement of mobile homes for single family residential use, nor shall any building or structure, or part thereof, be erected, altered or used on the lots platted, or to be platted, on the Property for other than one single family dwelling in the form of a mobile home together with attached appurtenant accessory structures.
II.
All mobile home site owners, by acceptance of their restrictive deeds, together with their heirs, successors and assigns, shall take title subject to, and be bound by, all the terms and conditions set forth in the several sections of this Declaration of Covenants.
III.
The failure by Skyview Estates or any subsequent purchasers of a mobile home site, to enforce any covenants, restrictions, limitations, conditions, charges and uses herein contained, shall in no event be deemed a waiver of the right to do so thereafter, as to the same breach or as to one occurring prior or subsequent thereto.
ADMISSION POLICY - It is the explicit policy of Skyview Estates Inc. to operate, manage and promote Skyview Estates Inc. under the “55 and older” exemption to the 1995 Housing for Older Persons Act (HOPA) and the rules developed by the Department of Housing and Urban Development (HUD) on October 30, 1999, as they may be amended from time to time. To this end, Skyview Estates Inc. limits the age of all persons moving into and living in the community. Occupancy within Skyview View Estates shall be limited as follows: One person in each home must be 55 years of age or older and all remaining occupants must be 45 years of age or older. An exception to this rule shall be made for the surviving spouse or “significant others” who will be permitted to continue to live in the home upon the death or disability of the 55+ resident.
VISITOR POLICY – A “Visitor” is a person age 0 to 44. A Visitor’s stay shall be at the request of the homeowner only and shall not exceed fifteen (15) consecutive days or a total of thirty (30) nonconsecutive days per year. There shall be a minimum of two weeks break (14 days) between the 15 consecutive days. It shall be the responsibility of all owners to inform prospective buyers, renters, occupants or transferees of both the admission policy and the visitor policy and the requirement that all future occupants comply with this admissions policy and the administrative requirements necessary for admission. Skyview Estates Inc. shall create administrative policies and procedures which detail the admissions process, age verification requirements and bi-annual updates for the 55 and over compliance, as well as the marketing and the promotion of the community. These policies and procedures may be changed without further amendments and these Covenants to maintain compliance with this policy and with applicable federal, state and local housing requirements.
IV.
In the event that any lot owner desires to sell his or her lot, Skyview Estates or it’s successors, grantees or assigns shall have the first option to purchase the same for a period of sixty (60) days from the date notice thereof is received by the Skyview Estates, the option price therefore being the then fair market value of the lot, including improvements located thereon. NOTICE OF DESIRE TO SELL SHALL BE GIVEN TO SKYVIEW ESTATES IN WRITING.
V.
Each mobile home site owner shall keep sites neat and clean and properly mowed or cut. If a site owner, either due to absence or neglect, fails to cut the grass or keep his or her site clean, Skyview Estates shall have the right to cut grass and remove debris to maintain a clean and neat appearance throughout the entire Property; and in such event the Skyview Estates shall have the right to charge said site owner a reasonable sum for the work done and shall have a lien upon such property for said amount, it being specifically understood that the Skyview Estates is under no obligation to maintain any of the individually owned mobile home sites, said maintenance being the sole responsibility of the respective site owners.
VI.
All mobile homes which are placed on a mobile home site must be new, double wide in size where space permits and must meet all Polk County requirements. Written approval of said mobile home must be obtained from Skyview Estates by Purchasers prior to said mobile home being purchased and placed on said site.
VII.
Skyview Estates shall have the sole right to designate the location of a mobile home and other structures on their sites. After a mobile home has been placed, positioned and hooked up, no repair, replacements, reconnections, disconnections, additions, alterations or modifications will be permitted without the written consent of Skyview Estates and then, only by the site owner or a contractor approved by Skyview Estates.
VIII.
Each site owner shall use his site and the improvements contained therein in such a manner as to allow his neighbors to equally enjoy the use of their sites, so that all site owners in the subdivision may live in peace and tranquility. Site owners shall keep their radios, music, televisions, voices and other sounds at a moderate level and particularly during the period from 10:00 PM to 8:30 AM.
IX.
Each site owner shall be held responsible for any damage to the property of others caused by him, his guests or his subtenants.
X.
Electricity for each site shall be individually metered to each site owner.
XI.
At least one (1) days’ notice must be given to the Skyview Estates before any mobile home may be moved from the Property. No mobile home shall be removed unless all fees and charges have been paid to date of such removal.
XII.
Skyview Estates shall not be liable for any loss or damage to a mobile home or any personal property owned by site owners, by fire, theft, accident, or for any other cause whatsoever, except as it may be caused by negligence of Skyview Estates.
XIII.
Skyview Estates reserves the right to enter upon all sites or parcels at any reasonable time for the purpose of cleaning or inspecting the premises.
XIV.
Clothes lines for the drying of wash will be permitted on a mobile home site.
XV.
Each mobile home shall be required to have modern plumbing facilities, including toilet, bath or shower, and kitchen sink, all connected to septic tanks, approved by the Skyview Estates or connected to the central sewage facility which may be constructed by the Skyview Estates as hereinafter provided.
XVI.
No major repairs of vehicles are to be done on property.
XVII.
Commercial and/or professional activities may not be carried on by residents or guests within a mobile home or on a site without the written consent of Skyview Estates.
XVIII.
No storage of any kind will be permitted around the mobile home except in a utility building of such design and in such location as may be approved by Skyview Estates.
XIX.
A mail box showing the owner’s name and/or a name sign will be permitted. Signs larger than 8”x 12” shall not be permitted without the written consent of Skyview Estates. No other signs or advertisements will be permitted
without the express permission of Skyview Estates.
XX.
Skyview Estates shall have the right to enforce all restrictions, covenants, conditions and charges herein contained to the end that each site owner uses and occupies his site in such a way as to not be detrimental to the general health, safety, morals and welfare of other owners, and in such a way as to not destroy or impair the overall aesthetic qualities of the Property. Said enforcement may specifically be by injunction.
XXI.
Television or radio antennae shall be securely attached to the mobile home or substantially mounted in a ground installation clear of overhead utility lines. Hazardous antennae installations may be removed by Skyview Estates and the cost of such removal may be assessed against the mobile home lot.
XXII.
Exterior lighting must be shaded so as not to create a nuisance to others.
XXIII.
Skyview Estates shall post individual rules and regulations for the use of the various facilities in the recreational area, and the site owners shall comply with same. In the event a site owner consistently refuses to comply with the various rules and regulations for the use of the recreational facilities, Skyview Estates shall have the right to deny to such site owner the use of said facilities.
XXIV.
The maintenance and repair of the recreational building shall be the responsibility of the Skyview Estates, except that site owners shall be responsible for any damage to said facilities resulting from their individual negligence or deliberate act.
XXV.
Two household pets may be kept and maintained on the property provided that such pets are not permitted to leave the property except on a leash. Said pets are to be of a domestic variety and not of a barnyard or wild variety. No aggressive breeds of dog, such as Pit Bull or Rottweiler, are allowed on the property, as pets or otherwise.
XXVI.
No fences or walls shall be constructed on the Property in excess of four (4) feet in height and any fence or wall constructed shall be pleasing in appearance and properly maintained. Written approval by the Board shall be required before any fence or wall is installed.
XXVII.
Nothing shall be placed on any part of a lot reserved for easements for private or public utilities which shall interfere with the construction, use or maintenance of said utilities. In the event any structure or vegetation interferes with construction, maintenance or repair of any utility installation, the same may be removed without cost to the utility company or to Skyview Estates.
XXVIII.
All setbacks must meet Polk County requirements and must have written approval from the board.
XXIX.
In addition to the mobile home, each lot must have a carport securely attached to the mobile home. In addition to the carport, a utility room no smaller than 42 square feet must be located on the property for the purpose of storage. All additional structures must be of masonry or metal construction, or similar material, substantial in nature and pleasing in appearance.
XXX.
All garbage stored outside of the mobile home shall be placed in a Polk County receptacle.
XXXI.
No second level shall be constructed over any mobile home located on the Property.
XXXII.
The provisions contained herein shall run with and bind the land, and shall inure to the benefit of, and be enforceable by, an owner of lots or parcels purchased from the prior owners, as aforesaid, and their respective local representatives, heirs, successors and assigns, or by Skyview Estates.
These covenants shall be in effect until April 2046. In April 2045, the Board of Directors can vote to revitalize these covenants for an additional 30 years.
XXXIII.
If any provisions of this indenture or the application of such provision to any person or circumstance shall be held invalid., the remainder of this indenture, or the application of such provisions to persons or circumstances other than those as to which it was held invalid, shall not be affected thereby.
XXXIV.
Skyview Estates Inc. or its successor in interest shall have the obligation to maintain and repair recreational buildings and recreational facilities and shall also have the obligation to maintain the compound area and streets and alleys and surrounding enclosures. In order to carry out its responsibilities in this connection, Skyview Estates Inc , or its successor, shall have the right to levy an annual assessment on each of the said residential lots, said amount to be determined annually by the Finance Committee, reviewed and recommended by the Board of Directors and submitted to the membership, effective upon a majority vote of the membership at the annual meeting. Absentee ballots for said annual meeting shall be provided in the mail to all non-resident members, not less than thirty (30) days before the annual meeting.
The same amount of money will be assessed and collected from each platted lot or part, thereof, and in those instances where there has been a combination of a platted lot with a portion of another platted lot into one ownership, the assessment as to the partial lot shall be apportioned to the owners at the same ratio as the said apportioned lot has been divided between neighboring land owners – the sense of this provision being that any single ownership not constituting a single home site, consisting of two platted lots will pay two assessments, the basic concept being that the assessment, when determined, shall be that same specific sum of money to be collected from the owners of each lot, with the following exception:
Lots 409 and 410 in Unit #1 shall, so long as the same continue in one ownership, be considered and assessed as one lot.
XXXV.
All new homeowners and purchasers of homes in Skyview Estates, Inc. must maintain ownership of their property for a minimum of three years before using that property as a rental investment. If a home is sold, the deed must be in the name of the person living in the home within sixty days of the purchase. If a home is a lease to own or rent to own, a copy of the purchase contract must be provided to the membership office to be included in the membership file. The only exception to this Covenant will be for a property that is inherited upon the death of the original owner. (4/15 19)
IN WITNESS WHEREOF, SKYVIEW ESTATES, INC, has hereunto set its hand and seal, this _________ day of _______________, 20____.
(Corporate Seal) SKYVIEW ESTATES, INC
ATTEST:_______________________________ BY _____________________________________
Susan Nease, Secretary Ted Harms, President
Signed, sealed and delivered in the presence of :
_______________________________________
_______________________________________
STATE OF FLORIDA, )
COUNTY OF POLK. )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Ted Harms and Susan Nease, well known to me to be the President and Secretary respectively of Skyview Estates, Inc and that they severally acknowledged executing the foregoing instrument in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by Skyview Estates, Inc and that the seal affixed thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this _____ day of _________________,
A.D. 2021.
____________________________________________
Notary Public – State of Florida
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