Harbor Hills Deed Restrictions
Deed restrictions are posted in the 2017 Harbor Hills Community Directory
(18th Edition) on pages
A DEED RESTRICTED COMMUNITY
The deed restrictions listed may not represent the most current and accurate version. For the latest version please refer to the deed restrictions filed at Pinellas County.
AMENDMENTS TO THE BY-LAWS OF
HARBOR HILLS PROPERTY OWNERS ASSOCIATION, INC.,
Harbor Hills Property Owners Association, Inc. (“Association”), proposes the following amendments to its By-Laws. With regard to the proposed amendments, language which was added to the Restrictions is underlined. Language which was deleted from the Restrictions is delineated by striking through the old, deleted, language.
1. Article I Section 3 is hereby amended to read as follows:
Section 3. OBJECT: The principal object, general nature and purpose of this association shall be to administer, assist, protect and promote the interests of those property owners constituting and lying within the described boundaries of the association, and to cooperate with surrounding areas on matters of mutual interest; to evaluate actions contemplated by any governmental body that would affect property located within said subdivision, taking such action as the association may determine necessary or desirable.
2. Article III Section 2 is hereby amended to read as follows:
Section 2. OTHER MEETINGS: Other meetings of the membership of the association shall be held on the dates and times specified by the Board of Directors. The Board of Directors may call such special meetings as it deems necessary.
3. Article III is hereby amended to add a new Section 3 as follows:
Section 3. QUORUM FOR MEMBERSHIP MEETINGS: The presence of persons entitled to vote on behalf of 30 “parcels” (as that term is defined in Article II, Section 1 above) in good standing shall be requisite and shall constitute a quorum at all meetings of members; except as otherwise provided by Statute. Notwithstanding the number of Members that own a parcel, only one vote for each parcel shall be allowed and counted. The vote of each parcel shall be cast by the Members owning the parcel. The transaction of business at any meeting of the members shall require such quorum of the members. If, however, a quorum shall not be present, the members entitled to vote at such meeting shall have the power to adjourn from time to time, without notice other than an announcement at the meeting until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting as originally noticed. When a quorum is present to organize a meeting, such quorum is not deemed broken by the subsequent withdrawal of any members.
4. Article V Section 1 is hereby amended to read as follows:
Section 1. OFFICERS: The officers of this association shall be President, Vice President, Treasurer and Secretary. The Officers shall be elected by the Directors at the annual meeting of the Directors and shall take office immediately upon conclusion of the meeting at which they are elected. Officers must be full time residents; living at the property within the subdivision known as “Harbor Hills” and situated within the geographical boundaries defined in Article I above as their homestead, and they must be members in good standing of the Association. Absentee Members and non-full time residents are not eligible to serve as an Officer. Further, only one Member of any household which owns one or more parcels within the Harbor Hills subdivision may serve as a Director and/or Officer at any given point in time. Any other Member of that household shall not be eligible to serve as a Director and/or Officer concurrently.
5. Article V, Section 2 is hereby amended to read as follows:
Section 2. PRESIDENT: the President of the association shall be elected from the members of the Board of Directors by the Board of Directors at its first regular meeting following the election of the Board of Directors. The President shall be Chairman of the Board, and an ex-officio member of all committees. The term of office shall be two successive terms in office. The president shall preside at all meetings of the Board of Directors and of the association, and have general supervision over the affairs of the association, shall sign all written contracts of the Association and shall perform all such other duties as are incident to the office of the President.
6. Article V, Section 3 is hereby amended to read as follows:
Section 3. VICE PRESIDENT: The Vice President shall be elected from the members of the Board of Directors by the Board of Directors at its first regular meeting following the election of the Board of Directors, and shall hold office as provided in these By-Laws. In case of absence or disability of the President, the Vice President shall perform the duties of the President.
7. Article V, Section 4 is hereby amended to read as follows:
Section 4. TREASURER: The Treasurer shall be elected from the members of the Board of Directors by the Board of Directors at its first regular meeting following the election of the Board of Directors, and shall hold office as provided in these By-Laws. The Treasurer shall collect all dues and have custody of such monies and securities of the association as the Board of Directors may from time to time direct. The Treasurer shall keep regular books of account, shall submit them, together with all vouchers, receipts, records and other papers to the Board of Directors for their examination and approval as often as they may require; and shall perform all such duties as are incident to his office. All checks, drafts, warrants and orders for payment of money by the association shall be made in the name of the association, and shall be signed by the Treasurer and such other Director or officer as the Board of Directors may from time to time authorize.
8. Article V, Section 5 is hereby amended to read as follows:
Section 5. SECRETARY:The Secretary shall be elected from the members of the Board of Directors by the Board of Directors at its first regular meeting following the election of the Board of Directors, and hold office as provided in these By-Laws. The Secretary shall issue notice of all meetings of the Board of Directors and of the association, shall attend and keep the minutes of the same, and have charge of all association books, papers and records, except those books that pertain to the office of the Treasurer The Secretary shall be the custodian of the corporate seal and attest with the Secretary’s signature and impress with the seal all written contracts of the association.
9. Article VI, Section 2 is hereby amended to read as follows:
Section 2. SLATE OF DIRECTORS: The Nominating Committee shall propose a slate of Directors, and shall present the slate to the Members at the annual meeting of the Members each year.
10. Article IX, Section 2 is hereby amended to read as follows:
Section 2. BUDGET: The Board of Directors, shall annually prepare and recommend a budget for the upcoming year, including proposed annual dues per property, for consideration by the Members of the Association at the annual membership meeting or a special meeting of the Members called at least in part to approve the proposed budget. The proposed budget, once prepared shall be mailed/delivered to all property owners at their last known address at least ten (10) days before the annual membership meeting or a special meeting of the Members called at least in part to approve the proposed budget. All members of the Association, in good standing, attending the annual membership meeting or a special meeting of the Members called at least in part to approve the proposed budget, shall be allowed to discuss any line item(s) and vote the proposed budget at the meeting, subject to such restrictions on time and procedure as the Board shall establish within its sole discretion. In order to be adopted, the proposed budget as modified by amendments thereto approved by a majority of the Members present, must be adopted by the affirmative vote of the majority of the qualified voting members of the Association present at the annual membership meeting or a special meeting called at least in part to approve the proposed budget, and at which a quorum is present and voting throughout. If for any reason a budget is not approved by a majority of the qualified voting Members of the Association present at the annual membership meeting or a special meeting called at least in part to approve the proposed budget; and at which a quorum is present and voting throughout, the Board of Directors shall schedule and convene a special meeting of the Members, as soon as reasonably practicable, to consider and adopt a budget.
11. Article XI, Section 1 is hereby amended to read as follows:
Section 1. AMENDMENTS: Amendments to these By-Laws of HARBOR HILLS PROPERTY OWNERS ASSOCIATION INC. may be made by the affirmative vote of persons entitled to vote on behalf of 66 2/3 % of all “parcels” (as that term is defined in Article II, Section 1 above) in good standing present at the annual meeting of the members or any special meeting of the association called at least in part to consider amendments to the By-Laws; and at which a quorum is present and voting throughout. Written notice stating the proposed amendment shall be mailed to property owners at their last known address at least ten (10) days prior to the date of the meeting at which the proposed amendment is to be acted upon.
2. APPROVAL OF PLANS, SPECIFICATIONS AND LOCATION OF BUILDINGS
In order to ensure that the homes and other buildings in HARBOR HILLS will preserve a uniformly high standard of construction, no building or other structure shall be erected, placed, or remain on any building lot in this subdivision until a set of plans of the working drawings and specifications, including a plot plan showing the location of the buildings or other structures, terraces, patios, walls, fences, driveways, pools, property lines and setbacks, have been approved by the Pinellas County Building Department as being in accordance with its requirements and the various codes of Pinellas County in effect at the time construction or alteration of any such building has begun. No alterations in the exterior appearances of buildings or structures shall be made without approval by the Pinellas County Building Department and the issuance of all applicable and required permits. The provisions herein contained shall equally apply to repair, alteration, or modification made in or to any building, wall, or other structure. The issuance of a building permit or license, which may be in contravention of these Restrictions, shall not prevent the Association or any of the lot owners from enforcing these provisions.
No tents and no temporary accessory building or structure shall be erected without the written approval of the Association. Building materials, construction trailers and temporary portable storage containers may be stored on the premises only during active and continuous construction.
2. Section 3, subsection (a) is hereby modified to read as follows:
3. SETBACK LINES AND SIZE OF BUILDINGS
(a) HARBOR HILLS
All buildings erected or constructed on any lot not on the water shall contain a minimum of 1200 square feet of living area for a one story building and 1250 square feet of living area for a two story building. All waterfront dwellings shall contain a minimum of 1300 square feet of living area. No dwelling shall be erected nearer than 20 feet to the front of lot line, nor nearer than 10 feet to the rear of lot line. No dwelling shall be erected nearer than 6 feet from the outside walls to any interior lot line. Where two or more lots are acquired and used as a single building site, the side lot lines shall refer only to the lines bordering on the adjoining property.
3. Section 3, subsection (c) is hereby modified to read as follows:
3. SETBACK LINES AND SIZE OF BUILDINGS
(c) UTILITY AND DRAINAGE EASEMENTS
Easements are hereby reserved for the purpose of installing and maintaining public utilities and drainage and for such other purposes necessary to the development of the property within the area of the HARBOR HILLS PROPERTY OWNERS ASSOCIATION. The easements are shown on the plat of this subdivision. Easements and rights-of-way for construction of anchor guys for electric and telephone poles are also reserved. Such easements are shown on the plat of this subdivision.
4. Section 4 is hereby modified to read as follows:
4. METHOD OF DETERMINING SQUARE FOOT AREA OF BUILDINGS
The method of determining the square foot area of proposed buildings and structures or additions and enlargements thereto shall be as determined by the Pinellas County Building Department in the approved building plans. Garages, carports, screen porches, patios and terraces shall not be taken into account in calculating the minimum square foot area as required by the restrictive covenant.
5. Section 5. Entitled “LOT AREA AND WIDTH” is hereby deleted in its entirety.
6. Section 7 is hereby modified to read as follows:
7. BOATS, BOAT HOUSES, BOAT TRAILERS, ANCHORAGES
Boat landings, docks, piers, davits, boat lifts and mooring posts shall be constructed and installed only as approved and permitted by the applicable departments of Pinellas County in accordance with the Pinellas County Water and Navigation regulations; as amended from time to time. I No vessel or boat shall be anchored or tied offshore in any of the waterways adjacent to the subdivision so that the same shall, in any way, be a nuisance, hazard, or interfere with navigation. Neither boats nor boat trailers shall be parked or stored on lots in the subdivision unless they are completely enclosed in a garage or completely covered by a carport, except as provided below:
(a) Boats or boat trailers may be parked or stored at the rear of lots without waterfront access provided they are substantially screened (including their height) from the street and from neighbors by fences, shrubs, or trees; and
(b) Boats may be stored on davits and boat lifts at, or adjacent to, the seawall on lots with waterfront access; and
(c) Small rowboats, canoes, sailing dinghies, or similar craft which can be launched by hand may be stored on or adjacent to the seawall or waterfront lots.
7. Section 9 is hereby modified to read as follows:
Seawall repair and replacement shall only be made in accordance with applicable permits issued by the appropriate departments of Pinellas County and in compliance with all applicable Pinellas County Water and Navigation rules and regulations then in effect and as modified from time to time.
8. Section 10 is hereby modified to read as follows:
10. FENCES, WALLS AND HEDGES
No boundary fences or walls and no boundary line hedges or shrubbery shall be permitted with a height in excess of six (6’) feet. Waterfront walls of solid construction and solid waterfront hedges or shrubs, within the ten (10’) foot rear setback as measured landward from the landward edge of the seawall, shall not be permitted with a height in excess of four (4’) feet, and shall not otherwise be permitted to exist in any manner where the denseness or positioning thereof creates a visual barrier or buffer taller than four (4’) feet which obstructs the view of the water. All fences, walls or hedges located outside of the ten (10’) foot rear setback as measured landward from the landward edge of the seawall, where partially open, will not be permitted with a height in excess of six (6’) feet. No fence shall be erected beyond the front elevation of the house.
9. Section 11 is hereby modified to read as follows:
11. LAWNS AND LANDSCAPING
All lawns in the front of the property shall extend to the curb line and shall exist primarily of grass and/or Florida-friendly landscaping. No gravel or paved parking strips are to be allowed except for driveways into garages or carports. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any property within the subdivision and no refuse pile or unsightly objects shall be allowed to be placed or remain anywhere thereon. All lawns must be mowed regularly so that grass does not exceed five (5) inches in height. All flower beds and lawns are to be maintained with lawn grasses or flowers and shrubs without unsightly growths. All shrubbery, trees, and bushes are to be trimmed and maintained with a neat appearance.
10. Section 12, entitled “DRILLING OIL, ETC.” Is hereby deleted in its entirety.
11. Section 13 is hereby modified to read as follows:
13. GARBAGE CONTAINERS
All garbage or trash containers, oil tanks, bottled gas tanks, and water softener systems must be placed in enclosed areas so that they shall not be visible from the street. Commercial containers may be permitted during active construction. Temporary storage containers, including but not limited to “PODS” type containers, shall not be placed or maintained on any lots, lawns or driveways, except during active and continuous remodeling or construction, or temporarily while actually needed during active and continuous moving in or moving out activities.
12. Section 15 is hereby modified to read as follows:
15. VEHICLE PARKING
No Commercial Vehicles of any size, shape, or description, shall be permitted to be parked in this subdivision for a period of more than ten (10) hours per calendar day, except those present on business for the purpose of pickup, delivery, repair, and/or maintenance of a property. No vehicles shall be parked overnight outside a garage or carport except passenger vehicles, station wagons, pickup trucks (which are not otherwise “Commercial Vehicles” or “Recreational Vehicles”) or passenger vans (vans designed and equipped with permanently affixed front and rear seats for passenger use). Further, no vehicle, whether a Commercial Vehicle, Recreational Vehicle, Utility Trailer, or otherwise, shall be parked on any lawns.
Recreational vehicles shall not be parked or stored in HARBOR HILLS unless they are completely enclosed in a garage, completely covered by a carport, or substantially screened (including their height) from the street and from neighbors by fences, shrubs or trees. No Recreational Vehicles stored or parked outside an enclosed garage may be used for sleeping or living accommodations for any period of time. No unlicensed, out-of-date registration or disabled vehicles, or parts thereof, may be parked or stored on the premises except inside the garage or carport.
For the purpose of this restriction, the term “Commercial Vehicle” shall mean any business, work, or commercial truck or van, school bus, semitrailer truck or, or any vehicle equipped with exterior racks for carrying equipment, tools, or merchandise used in the course of trade or business. “Commercial Vehicle” shall also include any vehicle with any type of signage, markings, or advertisings, including but not limited to commercial trucks and vans as well as passenger vehicles with commercial logos and signage. Passenger vehicles with signage, markings, or advertising shall only be permitted to be parked within the subdivision for more than ten (10 ) hours per calendar day, if such signage, markings, or advertising is completely removed or covered up while such a vehicle is present. However, personal, non-commercial, passenger vehicles with bumper stickers shall not be considered a “Commercial Vehicle”. This prohibition shall not apply to any vehicle owned by a law enforcement agency and parked in the subdivision by an owner or resident employed as a law enforcement officer.
For the purposes of this restriction, the term “Recreational Vehicles” shall include, but not be limited to, enclosed vans (without windshield and front door or rear windows), motorhomes, campers, trailers, horse trailers, and pickup trucks with camper bodies.
13. Section 17 is hereby modified to read as follows:
17. SIGNS AND DISPLAYS
No “For Rent” or “For Sale” signs larger than 520 square inches shall be erected or displayed on any property or on any structure. No other signs of a commercial nature shall be erected.
18. Garage Sales
Garage sales are defined as infrequent sales open to the public and conducted for the purpose of disposing of personal property, owned, utilized, and maintained by the owner/tenant or members of the owners’/tenants’ household, acquired in the normal course of living or maintaining a residence and not purchased for resale or consignment or commercial activity. Garage sale items shall be displayed only in the garage, driveway, house or in the rear yard. Sales shall be conducted during daylight hours and shall not exceed two (2) days duration. The limit of garage sales for each owner/tenant shall be four (4) per calendar year. The date of two (2) of said garage sales in each calendar year shall be scheduled by the Association, and the owner/tenant may hold not more than two (2) additional garage sales in each calendar year.
Section 19, entitled “SATELLITE TV EARTH STATIONS” is hereby deleted in its entirety.
20. LEASING AND TENANTS
When any property owner rents or leases his or her home to tenants for short or long periods, it is mandatory that the tenants be made aware of the By-Laws and Building and Property Restrictions applicable to HARBOR HILLS. All owners who rent or lease their property must make their tenants aware of all rules, regulations, and restrictions that apply in HARBOR HILLS. If the tenants do not abide by said rules, regulations, and restrictions, the owner will be held responsible. Copies of these rules, regulations, and restrictions are attached to the property deed as well as on the web site and printed in the HARBOR HILLS DIRECTORY delivered to each property home location. Leases of less than one year on Harbor Hills property are prohibited.
21. TRADE, BUSINESS, PROFESSION
Business use of a residence which inclines to show any sign or signs of commercial activity is prohibited. Business use shall mean and be defined as any use which shows or tends to show commercial activity on a lot, including but not limited to pickup or delivery of supplies, materials, partially or completed goods or any physical or tangible use which evidences any commercial activity what so ever, including signage. Businesses not requiring visitation of employees, customers, clients, vendors or suppliers shall be allowed provided they meet the requirements herein. Such businesses include home offices for professional use such as accountants, real estate agents, attorneys or other persons who deal primarily in services, whose employees, customers, or clients do not visit or make use of the premises, and whose business is conducted primarily through telephonic or other electronic media.
No noxious, offensive, hazardous or illegal activity shall be carried on upon the property covered by these Restrictions; nor shall anything be done thereon which constitutes an annoyance, nuisance, source of embarrassment or safety hazard to individual owners or to the subdivision in general.
23. ANNUAL ASSOCIATION DUES; LIENS
Any owner of one or more parcels of residential property within the boundaries of the HARBOR HILLS PROPERTY OWNERS ASSOCIATION, as defined by the Charter and By-Laws adopted October 6, 1983, agrees to and shall pay to the Association annual dues, the amount to be fixed and determined by the Board of Directors of the Association. Commencing in 1984, all charges for dues shall become due and payable in full to the Association prior to February 1st of each year.
No such dues shall become a lien effective as to any plot or parcel in HARBOR HILLS until a resolution shall have been duly adopted by the Board of Directors of the Association declaring that such charges for dues shall become a lien thereupon and an instrument containing an excerpt of said resolution and a statement designating the parcels affected by said charges and the amounts thereof, including any charges then still remaining unpaid for previous years, shall have first been duly recorded against said property in the Office of the Clerk of the Circuit Court of Pinellas County, Florida.
On or after February 1st, a penalty of twelve (12%) percent per annum, one (1%) percent per month or fraction thereof, shall accrue upon the amount of said lien, to be computed from the first day of January in said year, and the same shall be added to the amount of said lien. The Association is hereby empowered and authorized to bring any and all actions or proceedings provided under the laws of the State of Florida in the name of the Association for the enforcement of any such liens, penalties, and charges if payment of all such charges has not been received by the Association prior to the sale or transfer of title of any parcel of land within the defined boundaries of the HARBOR HILLS PROPERTY OWNERS ASSOCIATION, INC. The Association shall be entitled to collect attorney’s fees and all other costs of enforcement on any unpaid liens.
24. WAIVER OF RESTRICTIONS
The failure of the Association to enforce any building restriction, covenant, condition, obligation, right or power herein contained, however long continued, shall, in no event, be deemed a waiver of the right of the Association to enforce thereafter those rights.
15. Section 25 is hereby modified to read as follows:
25. ASSOCIATION RIGHTS
The Association reserves the right to itself, its agents, employees, or other contractor or subcontractor dealing with the Association, to enter upon the land covered by these Restrictions for purposes of enforcing these Restrictions and any other rights reserved unto the Association hereby.
16. Section 26 is hereby modified to read as follows:
26. REMEDIES FOR VIOLATIONS
Violation or breach of any condition, restriction, or covenant herein contained by any person,, even if by virtue of a judicial proceeding, shall give the Association and/or individual lot owners of said subdivision, in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of said conditions, restrictions, or covenants, and to prevent the violation or breach of any of them. If the Association takes such action, it shall be entitled to recover all reasonable costs, expenses and attorney’s fees so incurred, whether suit is filed or not. In addition to the foregoing, the Association shall have the right, whenever there shall be have been built on any lot any structure which is in violation of these Restrictions or applicable law, to enter upon the property where such violation of these Restrictions exist and summarily abate or remove the same at the expense of the owner, and such entry and abatement shall not be deemed a trespass.
17. Section 27 is hereby modified to read as follows:
27. AMENDMENTS, CHANGES AND MODIFICATIONS
These restrictive covenants of the HARBOR HILLS PROPERTY OWNERS ASSOCIATION, INC. may be amended by addition, deletion, or change in whole or in part by an affirmative vote of at least 66 2/3% of the members, in good standing, present at the annual or any special meeting of the Association called at least in part to consider amendments to these Restrictions; and at which a quorum is present and voting throughout. Written notice stating the proposed amendment shall be mailed to property owners at their last known address at least twenty (20) days prior to the date of the meeting at which the proposed amendment is to be acted upon.
28. INVALIDITY CLAUSE
Invalidation of any of these covenants by a court of competent jurisdiction shall in no way affect any of the other covenants which shall remain in full force and effect.