Deed Restrictions

The following deed restrictions are printed in their entirety.

 1.   All lots in SPRUCE CREEK shall be used for single family residential purposes by single family units, which at no time shall consist of more than four (4) persons. No owner of a lot in SPRUCE CREEK shall convey an ownership interest in their lot or lots less than that which they own. Notwithstanding the provisions of this  paragraph, DEVELOPER and/or its assigns and successors may from time to time designate certain lots in SPRUCE CREEK for  use or uses as parks, recreational areas, office facilities, storage facilities, and vehicular and equipment parking and storage facilities to serve the lots or lot owners.

2.   No lot or lots in SPRUCE CREEK shall be subdivided or divided into any parcels, tracts or lots smaller in size than that which was originally conveyed by DEVELOPER to the initial purchasers.  No lot in SPRUCE CREEK shall contain more than one (1) single family residence or dwelling. DEVELOPER reserves unto itself the right to subdivide, re-divide and/or divide into parcels, tracts or lots, any or all of the real property owned by DEVELOPER contained in SPRUCE CREEK Subdivision, and the DEVELOPER reserves unto itself and its successors and assigns the right to use any of the real property owned by the DEVELOPER in SPRUCE CREEK Subdivision for commercial purposes.

 3.   All structures, buildings, additions, improvements or sheds other than the landscaping shall be set back at least twenty (20) feet from all front lines, fifteen (15) feet from all rear lot lines, eight (8) feet from all side lot lines and where a side lot line abuts a street, fifteen (15) feet. No structures, building, additions, improvements or sheds shall be built without the lot owner first obtaining the express written approval of the Developer. The Developer shall have the exclusive right in its sole discretion to approve or disapprove a proposed structure, building, addition, improvement or shed and to determine the size, materials, design, color, construction method and location of any such proposed construction.

 4.   The DEVELOPER has designated and developed SPRUCE CREEK for the purpose of providing a single family residential subdivision possessing an aesthetically attractive, quiet, comfortable environment conducive to a style of living desired by senior citizen persons 55 years of age or older. To assure all lot owners in SPRUCE CREEK that the heretofore mentioned environment shall remain constant, no persons under eighteen (18) years of age shall occupy or permanently reside or live in any dwelling or residence or on any lot or lots in SPRUCE CREEK, except, however, members of a lot owner's family under the age of eighteen (18) years may visit and stay with a lot owner for a period of time not to exceed thirty (30) days in a calendar year.

 5.   Lot owners shall keep, at all times, their lots and any easements located adjacent thereto, mowed and in a neat, clean and orderly condition. In the event the owner of any lot fails to do so, the DEVELOPER reserves the right to enter upon said lot and care for the same by cutting and/or cleaning said lot, and to assess against the owner, a reasonable charge for the same. Should the owner of any lot, upon fifteen (15) days notice received from the DEVELOPER, fail to pay the charge assessed by the DEVELOPER for cutting and/or cleaning such lot or easement, then and in that event, said assessed charge shall become a lien against the lot in favor of the DEVELOPER. This lien shall be on the lot for any unpaid charge and for interest thereon against the owner thereof, which lien shall also secure costs of collection by the DEVELOPER, whether or not suit is brought, including without limitation, reasonable attorney's fees incurred by the DEVELOPER incident to the collection of such charge or enforcement of such lien. Said lien shall be effective from and after the time of recording in the Public Records of Marion County, Florida, a claim of lien stating the description of the lot, the name of the record owner thereof, the amount due and the date when due, and the lien shall continue in effect until all sums secured by the lien shall have been fully paid. Such claim of lien shall be signed and verified by a General Partner or agent of the DEVELOPER. Upon full payment, the party making the payment shall be entitled to a recordable satisfaction of lien. Liens for charges may be foreclosed by suit brought in the name of the DEVELOPER in a like manner as a foreclosure of a mortgage on real property. In any such foreclosure the owner of the lot shall be required to pay a reasonable rental for the lot and the DEVELOPER shall be entitled as a matter of law to the appointment of a receiver to collect the same. The DEVELOPER may also sue to recover a money judgment for unpaid charges without waiving the lien securing the same. The DEVELOPER may not sue to recover a money judgment or seek to foreclose a lien until after thirty (30) days after notice of its intent to take such action has been provided to the lot owner. 

6. No motor vehicles may be parked upon any street in SPRUCE CREEK overnight.

7. No motor vehicles without current license plates shall be stored and/or parked on any lot. No scrap metal, junk or salvage materials, items, or articles whether the same be in the form of wrecked or junked vehicles, used appliances, used furniture, used equipment, used building materials, etc., shall be stored, placed or maintained outside any structure on any lot in SPRUCE CREEK.

8. No owner of any lot, a member of his or her family, employees, agents, servants or tenants shall engage in the construction, reconstruction, repair or maintenance of any motor vehicle, whether said motor vehicle is owned by the lot owner or not, except, however, the provisions of this paragraph shall not be construed to mean that a lot owner may not wash and or polish, change a tire, or change the oil on a motor vehicle which they own, on their lot.

9. No advertising signs, including signs advertising the sale or lease of any lot or house shall be erected or placed or allowed to be erected or placed on any lot without the prior consent of the DEVELOPER, including window signs in any house visible through any windows without the prior written consent of the DEVELOPER. The DEVELOPER reserves the right to grant and/or deny in its sole discretion, its consent. DEVELOPER, however, reserved unto itself the right to erect advertising signs on lots owned by DEVELOPER.

10. No poultry, birds (except two small house birds), livestock, or other animals shall be kept, maintained or raised on any lot or  lots within SPRUCE CREEK, except, however, a lot owner may keep and maintain no more than two small household pets. All dogs and cats must be confined to the property of the owner at all times and may not run at large. All pets are prohibited in all recreational areas and clubhouses.

11. No business, commercial enterprise business activity of any kind shall be carried on or conducted on or from any lots except those businesses, commercial enterprises, and business activities exempted by the DEVELOPER on lots owned by the DEVELOPER, as provided herein. DEVELOPER reserves unto itself the absolute right to divide, subdivide, or re-divide the property contained in Plat  Book Y, pages 43-44 of the Plat of SPRUCE CREEK into lots,  parcels or tracts which may be utilized for certain commercial  purpose.

 12. No fences shall be erected, constructed or placed on any lot without the prior consent of the DEVELOPER. All fences that are allowed to be erected may not exceed the height of four (4) feet and must be of metal chain link construction. No fences, with or without the consent of the DEVELOPER, shall be erected, constructed or placed in the front yard of any lot in SPRUCE CREEK.

13. No garden may be grown or cultivated in the front yard of any lot in SPRUCE CREEK and no garden may be grown or cultivated in the back yard of any lot in SPRUCE CREEK that exceeds two percent (2%) of the gross square footage of the lot on which the garden is grown.

14. No hedge shall be allowed to exceed the height of four (4) feet on any lot in SPRUCE CREEK.

15. Nothing shall be placed on any part of any lot, which said part is reserved for easements for private or public utilities or drainage which shall interfere with the construction, use and maintenance of said utilities or drainage. In the event any structure or vegetation interferes with the construction, maintenance or repair of any drainage or utility installation, the same may be removed by the utility company at a reasonable cost to be borne by the lot owner.  Said cost, if unpaid, shall become a lien against the lot, enforceable as provided in Paragraph 5 hereof. 

16. The central water utility approved by the Developer shall be the only central water system for all lots in Spruce Creek. No wells may be placed on any lot in SPRUCE CREEK, except, however, the DEVELOPER hereby reserves unto itself the right to rent to  an individual lot owner, upon written request, the right to place a  well on the lot owner's property for the sole purpose of providing  water for irrigation if the utility company agrees. The lot owners shall be liable for the reasonable fees charged by the water utility supplier.

 17. No lot owner in SPRUCE CREEK shall place, install or construct upon any lot or lots in SPRUCE CREEK, or allow to be placed, installed or constructed on any lot in SPRUCE CREEK, a fixed water sprinkler system for irrigation purposes, without the prior written consent of DEVELOPER, or its assigns. Any fixed water sprinkler system that is allowed by Developer or its assigns shall only obtain water from a permitted private well located on the lot of the owner.

 18. The DEVELOPER shall have the exclusive right to furnish to all lot owners within SPRUCE CREEK, television reception as DEVELOPER deems appropriate, and to charge as a result  thereof a reasonable connection fee and service charge for providing same. Said fees and charges, if unpaid, shall become a lien against the lot enforceable as provided in Paragraph 5   hereof. Such easements as are necessary for the connection and maintenance of the television reception service, as provided for herein, are reserved unto the DEVELOPER. No lot owner in SPRUCE CREEK shall construct, erect, install, or place or allow to be constructed, erected, placed or installed on his lot or any structure on his lot, a television or communication antenna. This paragraph is exempt from the provision contained in Paragraph 37 of these Protective Deed Restrictions and Covenants permitting changes to such Restrictions and Covenants by a vote of three- fourths (3/4) of the majority of the SPRUCE CREEK Subdivision lot owners, unless said change is approved by DEVELOPER, or   its successors or assigns.

19. The DEVELOPER shall have the exclusive right to furnish to all lot owners in SPRUCE CREEK security services, recreational facility services, garbage and trash collection services, all as DEVELOPER deems appropriate, and to charge a reasonable fee  for providing said services. Said fee if not paid within fifteen (15) days from the time said service charges are assessed to the lot  owners, shall become a lien against the lot, enforceable as provided  in Paragraph 5 hereof. All residential, security, garbage, trash or  maintenance fees assessed each lot owner by the Developer are the liability of said lot owner regardless of whether the lot owner was residing in SPRUCE CREEK at the time of the assessment.  Any recreational facility services provided by DEVELOPER shall be available to lot owners in SPRUCE CREEK, according to the plat thereof as recorded in Plat Book Y, Pages 43-44, of the Public Records of Marion County, Florida. The Developer shall  have the right to continue its ownership of all recreational facilities located within Spruce Creek and to continue providing said services, indefinitely, provided, however, the DEVELOPER may at DEVELOPER'S sole option, transfer ownership of said facilities and any such services, facilities or organizations at any time This paragraph is exempt from the provision in Paragraph 37 these Protective Deed Restrictions and Covenants by a vote of  in three-fourths (3/4) of the majority of the Spruce Creek Subdivision lot owners, unless said change is approved by DEVELOPER, or its successors or assigns.

20. No lot owner in SPRUCE CREEK shall change, alter, modify add to or delete from any existing structure on his lot without first receiving written permission from DEVELOPER or its assigns.  No structure, building, swimming pool, or addition at any house on any lot in SPRUCE CREEK including additional concrete or asphalt installations shall be erected, constructed, or placed on any lot in SPRUCE CREEK without the prior written consent and approval of DEVELOPER or its assigns.                     

 21.  No lot owner in SPRUCE CREEK shall burn any trash, debris or refuse or allow any other person to burn trash, debris, or refuse on any lot in SPRUCE CREEK, except, however, DEVELOPER reserves unto itself the right to burn debris as the result of clearing and cleaning of tracts and lots in SPRUCE CREEK.

 22. No more than two (2) vehicles may be parked on any lot within SPRUCE CREEK at any time without the prior consent of DEVELOPER with the exception of guests and visitors. No motor vehicle over ¾ ton may be parked longer than twenty four (24) hours in any calendar month on any lot in SPRUCE CREEK. All commercial motor vehicles, travel trailers, motor homes, boats and trailers must be parked and or stored by their owners in designated parking areas to be provided by DEVELOPER. DEVELOPER may charge a reasonable fee for the storage and/or parking of the aforementioned vehicles, trailers, motor homes, boats and trailers in the designated parking areas. Said fee, if unpaid, shall become a lien against the lot, enforceable as provided in Paragraph 5 hereof.

 23. No outbuilding, shed or temporary structure may be used as a residence or living quarters.

 24. Owners of lots within SPRUCE CREEK shall be prohibited from doing anything or conducting any activity which would detract or in any way deter from the beauty or natural aesthetes of  SPRUCE CREEK No noxious or offensive activity shall be allowed, maintained, or carried on by any owners, their employees, servants, and agents on any lot in SPRUCE CREEK which would cause discomfort, embarrassment or annoyance to any other lot owner.

 25. All garbage and trash must be kept, stored or placed in approved containers to be specified by DEVELOPER and located only on the lot as approved of by the DEVELOPER. Fences enclosing trash cans only must be of the type approved by the DEVELOPER.

 26. Mail boxes for all lots in SPRUCE CREEK must be uniform in design as initially provided by the DEVELOPER and said mail boxes shall contain only the name and address of the occupant of said lot. The replacement of all mail boxes and light posts must be of identical design as that of the original.

 27.  All exterior lighting on any lot in SPRUCE CREEK must be designed and erected so as to avoid annoyance to any other lot owner.

 28. For security purposes, All lots in SPRUCE CREEK shall have an operable front yard lamp as provided by the DEVELOPER and all lot owners must at all times maintain said lamp in a working condition, and insure that this light remains on at all times during all hours of darkness.

 29. No lot owner in SPRUCE CREEK shall construct, erect, or place on their lot any window air conditioning unit without the prior consent of DEVELOPER.

 30.  It is prohibited to hang and/or dust garments, rugs or any other material from the windows, balconies or from the exterior of any living unit. Outside clotheslines or other exterior clothes drying facility are prohibited except one portable umbrella type clothesline which may be used if desired. All clotheslines must be removed and stored inside the living unit when not in use.  Under all circumstances, all clotheslines must be located in the backyard only and within fifteen (15) feet of the living unit and such clotheslines may be kept outside from 10:00 a.m. to 4:00 p.m. on weekdays only.

 31.   No items or articles of any kind shall be stored, or hung outside any house or utility shed, including items such as garden tools, ladders, or garden equipment and other items of any type.

32.  Lattice type screen, roll screens, etc., and other types of screening are specifically limited to interior of homes and screen rooms. Theses screens are specifically prohibited from carports and walkways without prior written consent of DEVELOPER.

 33. The DEVELOPER reserves the right to make reasonable  modifications,  clarifications,  changes, and interpretations of all restrictions and covenants contained herein, and its determination shall be final.

 34.   If any person shall violate or attempt to violate or in any way fail to abide by any of these covenants and restrictions, it shall be lawful for the DEVELOPER its assigns, or any other person(s) owning any lot in SPRUCE CREEK to conduct such legal proceed are available to enforce obedience, to prevent further or DEED RESTRICTIONS continued violations, and to recover damages, attorneys fees, court costs and litigation costs and expenses for such violation or attempted violation.

35. The protective covenants and restrictions as provided for herein for SPRUCE CREEK shall run with the title to all of the land, tracts, parcels and lots contained in the Plat of SPRUCE CREEK, and will be binding on the owners of all lots within SPRUCE CREEK, their successors and assigns in title until the year 2006. Thereafter, these protective deed covenants and restrictions may for a successive period of ten (10) years thereafter, remain in full force and effect unless specifically revised or modified by three-fourths (3/4) of the lot owners in SPRUCE CREEK. The DEVELOPER of SPRUCE CREEK reserves unto itself, until fifty-one percent (51 %) of the lots within SPRUCE CREEK are sold, the right to amend and/or modify these protective deed covenants and restrictions.  Failure of DEVELOPER or the lot owners, or any property owners association that may be formed, consisting of lot owners, to enforce any of these protective deed covenants and restrictions as set forth  herein, shall not nullify any of the covenants and/or restrictions,  or in any way be interpreted as a waiver by the DEVELOPER, lot  owners, or property owners association, of the right to object to  and enforce by proceeding at law or in equity against any person  or persons violating or attempting to violate any of the protective  deed covenants and restrictions contained herein.

 36. All rights, powers and privileges reserved unto the DEVELOPER herein are specifically assignable to the full extent of each.  A recorded assignment of any such rights, powers and privileges shall entitle all persons to deal with the assigned thereof (as to right, power, or privilege assigned), and the true and lawful owner or holder thereof.

 37.  If any portion of this Amended Declaration of Protective Deed Restrictions and Covenants for SPRUCE CREEK is declared unconstitutional or if the applicability of this Amended Declaration of Protective Deed Restrictions and Covenants for SPRUCE CREEK against any person or in any circumstances is held invalid, the validity of the remainder of these protective deed restrictions and covenants shall not be affected thereby. If any word, sentence, phrase, clause, section or portion of the protective deed restrictions and covenants shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or word shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portion thereof.  These Amended Protective Deed Restrictions and Covenants for  SPRUCE CREEK shall be considered as covenants and deed  restrictions running with the land, which shall be binding upon all  parties and persons claiming under the undersigned until the 1st  day of June, 2006, at which time said covenants shall automatically extend for successive periods of ten (10) years, unless by a  vote of three-fourths (3/4) majority of the owners of lots within the boundaries of the above-described subdivision such covenants are changed in whole or in part, except, however, DEVELOPER may change and/or amend these covenants and deed restrictions in its sole and absolute discretion until fifty-one percent (51%) of said lots in the above described subdivision are sold by the DEVELOPER.

38. All record owners of lots in SPRUCE CREEK shall be members of SPRUCE CREEK RESIDENTS ASSOCIATION, INC., a non-profit corporation, pursuant to Chapter 617 of the Florida Statutes, hereinafter called the "Association" and each record owner of a lot in SPRUCE CREEK shall be subject to the terms and provisions of the Articles of Incorporation and By-Laws of the Association. The sole purpose of the Association is to create an entity to organize the recreational, social and cultural activities desired by the owners of lots within the SPRUCE CREEK development and future phases thereof. The Association shall have only those powers and duties set forth in the Articles of Incorporation and the By-Laws of the Association. Reference should be made to the Articles of Incorporation and the By-Laws of the Association for further information pertaining to the Association's powers and duties. The formation and operation of the Spruce Creek Residents Association, Inc. shall not in any way limit the rights of the Developer as set forth in Paragraphs 18 and 19 of this Amended Declaration of Protective Deed Restrictions and Covenants for SPRUCE CREEK.

10/12/2010