HomeMy WebLinkAboutUndated - Exhibit 3 - Subdivision RestrictionsEX hib11(2
ARTICLE VII
Use Restrictions and Architectural Control
Section 7.1: Leases Article I provides that all persons who are present in the Subdivision must
comply with the Covenants. In order to enforce this provision, all Owners leasing or renting their Lots shall be
required to incorporate the following provision in their lease or rental agreements (substantially in the following
form):
The Leased Premises are a part of a Subdivision. All persons occupying property in Ashbury
Subdivision are required to observe the Covenants and Restrictions of Ashbury Community Association, Inc.
Copies of all Covenants and Restrictions are to be obtained from the Landlord.
In addition, all Owners leasing their Lots are required to provide the Association with a copy of the lease
and the names and addresses of the Landlord and the Tenant unless they are contained in the lease or rental
agreement.
Section 7.2: Construction Restrictions. Construction restrictions for Ashbury Subdivision Lots
are imposed as follows:
(a) A minimum twenty (20) foot set back shall be required from the nearest part of the front of
the building to the front lot line. A minimum seven and one half (7.5) foot set back shall be maintained between
the side walls of all structures and the side lot line. A minimum twenty (20) foot set back shall be maintained
between the rear wall of all living structures and the rear lot line. Patio structures may encroach into the rear yard
setback as allowed by the Ashbury Planned Unit Development approved by the City of Sebastian.
(b) The minimum floor area for a dwelling shall be 1500 square feet. "Floor area" shall be those
areas serviced by air conditioning and shall generally not include garages, patios, porches, etc.
(c) All utilities whatsoever shall be installed -underground.
(d) All roofs shall have a pitch at a minimum of 5/12.
(e) Roof shingles shall be fiberglass 25 year dimensional shingles. However, a barrel tile
roof may be constructed when approved by the Architectural Review Committee.
(f) Exterior materials of any Lot such as roofing, siding, brick, etc. as well as exterior color
schemes shall be submitted for approval to the Architectural Review Committee as provided in paragraph 7.6
hereof.
(g) Adjacent homes shall not have the same architectural elevation and shall not have the
same base color or color scheme.
(h) All landscaping on Common Property and the real property comprising a Unit shall meet
minimum City of Sebastian standards and requirements. All vegetation on Common Property or real property
comprising a Lot must be fully irrigated and sodded with floratam. Homeowners are strongly encouraged to
preserve existing vegetation on their lot to promote a natural appearance and mature look to the community.