DESIGN REVIEW PROCEDURES AND REGULATIONS

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1 In response to Florida s 2007 Legislative Updates concerning Associations, Section F.S , the Board of Directors of Osprey Residential District hereby set forth as clarified guidelines and standards for the use, size, color or location of the structure or improvement to the property of our Residents. Please use this in conjunction with Osprey s Declarations, Covenants and Bylaws. DESIGN REVIEW PROCEDURES AND REGULATIONS The plans and specifications for every proposed improvement to the exterior of a home or home landscaping in the Osprey Residential District (ORD) must be reviewed and approved by our assigned Property Manager at Fairway Management before the improvement can commence. Such plans and specifications should set forth the type, kind, nature, design, style, shape, size, height, width, length, scale, color, quality, quantity and materials of the proposed improvement. Modification application forms are available through Fairway Management or through their website at fairwaymgmt.com. These application forms provide the basic information needed for review and approval of the improvement. Any questions in reference to the application can be submitted to the Fairway Management. DRIVEWAYS Driveways shall be constructed of concrete or masonry pavers color and style as designated in the Board Approved Design and Color Scheme Book. Asphalt paving, epoxy-bonded aggregate, gavel, and mulch are prohibited for use as driveway materials. Staining of county sidewalks is prohibited*. (*Please see attached memorandum from Brevard County Board of Commissioners). Approval can be obtained through Fairway Management for driveway and walkway sealer by using only Color Concrete (Richard s Paint #521 or Sherwin Williams SW7672) for driveway and entrance walkway. Driveways, walkways and street gutters should be pressure washed periodically to remove mildew, algae, oil or rust stains. LANDSCAPE All lawns, landscaping and trees will be maintained in a neat and orderly manner. St. Augustine/Floritam sod must be used for all lawns. All trees in the swale (apron) must be kept trimmed so branches are at least six feet (72 inches) above the sidewalk and at least 8 above the street as not to obstruct vehicle or pedestrian traffic. *Homeowners have the option to remove existing oak trees from the swale and replace them with a Queen Palm tree. No ground cover plantings, gravel or rock shall substitute for sod as lawn material. All shrub plantings should be massed in groupings of three or more plants. To avoid blocking views from an adjacent residence, no shrub mass shall extend beyond the rear line of a residence if the rear lot borders a lake, preserve or conservation area. Existing planted trees in the rear yards that border a lake, preserve or conservation area that are placed beyond the rear line of a residence need to be trimmed fifty inches (50 ) 1

2 from the ground up. Those residences with existing trees or shrubs that border a lake, preserve or conservation area will be grandfathered in but need to observe the trimming requirement. For consistency in the landscape design of Viera, all plant material shall be selected from the approved plant list and approved by Fairway Management. Do not remove or exchange vegetation with items that are not approved in the VECA covenants. ROOFS Roof pitches and overhangs may vary as necessitated by architectural design, however, no flat roofs are allowed. A minimum roof slope of 5-in-12 and a minimum roof overhand or soffit of 12 is required. It is the homeowner s responsibility to maintain clean roofs, fascia & gutters. ALUMINUM ROOFS Porch/patio/lanai enclosures incorporating un-shingled aluminum roof panels ARE NOT PERMITTED. SHINGLES Use of architectural-type fiberglass, anti-fungus shingles with a minimum of a 20 year warranty is required. Existing shingles on a roof must be maintained in good repair and kept free of mold or mildew. SOLAR PANELS When used on roofs, solar energy equipment such as solar panels, solar modules or piping should be well integrated into the roof design in terms of placement and color. Fairway Management must review placement and orientation of solar energy equipment. This equipment may not be placed on the front face of the roof. AWNINGS The use of canvas awnings require approval by Fairway Management. No metal awnings are permitted. SHUTTERS Exterior shutters, when used as an architectural element, should be operable and shall be painted to complement the body color of the residence or painted to match window trim color. Permanent shutters need prior approval by Fairway Management before they are installed. No prior approval is necessary for storm shutters intended for use only as an emergency measure. If hurricane shutters are to remain in place for a period longer than two weeks, Fairway Management must be notified and the shutters must be painted to match the base color of the residence. FENCES Fencing materials and location must be specifically approved by Fairway Management. In no event shall any fence exceed 6 feet in height from grade to top of fence or be shorter than 4 feet from grade to top of fence. All fences shall be of the height, type and style as approved in our existing covenants A fence is not to exceed the maximum height of six (6) feet and must be constructed of a shadow box, board on board, design. 2

3 Fences are required to be set back 10 from the front building line on each side of the residence. All lake, pond, and preserve homes may have a maximum 6 foot fence between the adjacent homes for privacy, but no fence may extend beyond the rear line of the home. The use of landscaping is encouraged to visually soften fences. All fences must be maintained in good repair and either painted with a clear sealer (such as Thompson s Water Seal) (*Please note that based on experience clear sealer does not stand up to environmental conditions as well as permanent stain), Richards Wood RX in Country White, Harvest Gold or Arabian Sand or Sherwin Williams #3511, #3029, #3504, #3030 and #7006. The maintenance of the fence (all sides) is the responsibility of the homeowner who owns the fence. Corner lot fences must be set back a minimum of 3 off of community sidewalks and conform to the community s height requirements. GUTTERS Exposed gutters and down spouts may be painted to match the body color of the home or white in color. WINDOWS Windows should be clear glass or tinted glass of gray or smoke colors. No reflective glass or reflective tinting may be used. Window screening may be black or gray. Window reflective screening from Sun Blox must be approved for color by Fairway Management. AIR CONDITIONER UNITS/ TRASH AREA/IRRIGATION PUMPS/WATER SOFTENING UNITS a shadowbox fence or landscaping shall be placed in front of all air conditioner condensing/heat pump units and trash areas. The fencing or landscaping must be long and tall enough to shield the unit from view and at a minimum height of 36 inches and maximum height of 72 inches. Fences must be maintained in good repair and either sealed, stained or painted the same approved color of the dwelling. When landscaping is used as a screen, it must be no less than 36 tall but high enough to screen the equipment and dense enough to block the view of the equipment. NO WINDOW MOUNT AIR CONDITIONERS ARE PERMITTED to be used in the ORD. FLAGPOLES One 18 foot tall flagpole, as measured from the sidewalk grade to the top of the pole, may be located within the front or read yard of a residence provided it is located no closer than 5 to the sidewalk and outside of any public easements. Flags flown from residential flagpoles are to have a maximum size of 3 foot x 5 foot. FOUNTAINS/STATUES/TOPIARIES All features such as fountains, statues and topiaries when visible from streets, sidewalks and common areas, must be approved by the Fairway Management. 3

4 DRIVEWAY REFLECTORS Driveway reflectors of any type are not permitted. PORCH/PATIO/LANAI ENCLOSURES Enclosures incorporating un-shingled aluminum roof panels are not permitted. The roof of any such enclosure that is not screen must be shingled and constructed as a gable or hip roof. Shed type roofs for such enclosures are not permitted. All aluminum framing components for such enclosures shall match the window trim of the residence and all screening shall be black or gray. SWIMMING POOLS Swimming pools are to be in-ground pools only. No above ground or temporary swimming pools are allowed in the ORD. Swimming pools should be designed so they do not impact adjoining properties with light or noise. The swimming pool pump, filter area and propane tank shall be fenced or screened from public view with a fence or landscaping screen. The fence needs to be at a height equal to or greater than the pool pump and filter but no less than 36 high. When landscaping is used as a screen, it must be dense enough to block the view of the equipment. Children s wading pools are permitted but must be emptied and stored after each use. BUILDING FACADE Inappropriate use of materials and colors are not permitted on the home s exterior. All materials and proposed colors to be used by the homeowner must be selected from the approved Design and Color Scheme Book. This book will be available for review through Fairway Management. Examples of inappropriate materials are concrete flowers, plastic or simulated brick materials, plastic wood materials or simulated stone and painted symbols. RESIDENCE COLORS The exterior base, trim, door and roof colors of a residence shall be specifically reviewed and approved by Fairway Management in conjunction with the Color Scheme Book as approved by the Board of Directors. Please contact Fairway Management to see the pre-approved color pallet for use in our neighborhood. The exterior base color for any residence shall not duplicate the exterior base color of any existing residence located on the three (3) lots directly across the street from (and nearest to) the proposed residence or any existing residence located on the lot adjoining the side boundary lines of the proposed residence. CHANGE OF COLOR Repainting any residence in any colors which were previously approved, must now meet the pre-approved colors as outlined in the Approved Osprey Color Scheme Book. No other colors will be grand fathered in. Please contact Fairway Management to see the pre-approved color pallet for use in our neighborhood. CONSTRUCTION STANDARDS It is imperative that all sites be maintained in a clean and tidy manner. All construction materials must be kept within the property lines, maintaining a clear street right of way. The storage of materials should be in an inconspicuous area of the worksite and should be neat and orderly. The use of adjoining property for access or storage of materials without written permission of the adjacent 4

5 owner is prohibited. At the end of each work day trash must be gathered and placed in a trash receptacle. Upon completion of the approved improvement, all building debris must be removed from the site and surrounding area. Any damages to neighboring landscaping will be the responsibility of the homeowner where the work was performed and must be corrected at their expense. Fairway Management will inspect the improvements. If it is found that such work has not been done in strict compliance with the homeowner s application approved by Fairway Management and all conditions relating to such approval, Fairway Management shall notify the owner in writing of such noncompliance within a two week period specifying in reasonable detail the particulars of noncompliance and shall require the owner to remedy the same. The homeowner shall notify Fairway Management when such noncompliance has been corrected and then will re-inspect the improvements. SIGNAGE - Signs of any kind are not permitted on any portion of the District Property except for Real Estate For Sale Signs or Viera approved Garage Sale Signs. No homemade sign or any kind are allowed including but not limited to Garage Sale, For Rent or For Sale signs. A homeowner s vehicle, whether personal or company owned, with any signage visible to the street, is not allowed to be parked overnight in the driveway. Signage of this type may be covered or the vehicle needs to be parked in the garage. Marked police vehicles are the only exception to this requirement and can remain parked in the driveway without covering or removing of signage. BASKETBALL HOOPS When not in use, freestanding basketball hoops should be stored in an inconspicuous spot. POOL PARKING LOT Parking in the pool area is designated for pool goers only. This area is not for homeowner overflow or guest parking. Unauthorized vehicles will be towed. POOL PARTIES Pool parties are no longer allowed. This is a result of information received by our insurance carrier and legal counsel on the community s liability in continuing this practice. Violations with respect to pool parties will result in the revocation of the homeowner s pool privileges. Pool Gate Key cards may be obtained by contacting Fairway Management. One card is issued per household. Additional or replacement cards can be obtained at a charge of $50.00 per card. Do not, at any time, prop the pool gate open. This will damage the lock mechanism and the responsible party will be billed for the repair. 5

6 (Further Pool Rules and Regulations are attached) PETS As outlined in Section 9 of our original Declaration of Covenants all dogs, cats and other household pets allowed hereunder must be leashed when outside and shall not be permitted to run loose or on any private property. Those pets which, in the sole discretion of the Association, endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the Owners of the District Property may be removed by the Board of Directors and handed over to the appropriate state or county authority. This is also a County Ordinance Section Creation of Nuisance. Please respect your neighbors property and the Brevard County Code; Chapter 14, Sec Animal Enforcement Ordinance by curbing your dog and picking up their waste. That Code stipulates It is the responsibility of the owner or person in control of the animal to dispose of and remove any excretion caused by the animal. Do not allow your dog to trespass on private property while being walked. YARD TRASH Yard trash should be stored out of view from the street until Thursday evening for a Friday pick-up. Leaving yard trash out at the curb for more than one day is an eyesore for the community and can be hazardous to other residents in the event of a severe storm (flying debris). STREET PARKING As a reminder, resident vehicles should be parked in the homeowner s garage or driveway at all times as outlined in our Declaration of Covenants, Section 8. Owners shall not park in the streets, or on yards, medians or Common Areas or over sidewalks. Since we are not a Gated Community our roads are County owned and our residents are subject to receive a summons for street parking from the Sheriff s Office or Code Enforcement. If you have an issue with street parking near your residence, please contact the Sheriff s non-emergency number at (321) You may also contact Fairway Management. *Document revised 12/15/10 6

7 POOL RULES AND REGULATIONS OF OSPREY RESIDENTIAL DISTRICT ASSOCIATION, INC. (as approved June 17, 2004) Pursuant to the authority vested in the Board of Directors of Osprey Residential District Association, Inc., the following rules and regulations have been adopted by the District Board of Directors. The defined terms used herein shall have the same meaning as ascribed to them in the Declaration of Covenants, Conditions, Easements, Reservations and Restrictions for Osprey Residential District Association, Inc. Section I. Enforcement. Every owner and occupant shall comply with the rules and regulations set forth herein, as amended from time to time. Disagreements concerning violations, including the interpretations and effect of these rules and regulations, shall be determined by the Board of Directors of the District Association, whose decision shall be dispositive. Failure to abide by these rules and regulations may result in a fine levied by the District Association. Such fine shall not exceed $50.00 for each violation, and $50.00 per day for each day that such violation continues after notice of the same is given. The District Association shall give notice of the alleged violation and shall afford the party an opportunity for hearing before the Due Process Committee. If the Board of Directors of the District Association deems it necessary, it may bring an action at law or in equity to enforce these rules and regulations including the provision herein for fines. Notwithstanding the foregoing, these rules and regulations shall not apply to District Declarant. Section 2. Use of the Common Areas. The Common Areas of the District, including the pool club and facilities, are for the exclusive use of the District Association Owners and their immediate families, lessees and guests. No other person shall be 7

8 permitted to use the Common Area of the District without the prior written consent or authorization of the District Association, subject to any easement or other rights therein or thereto which have been reserved by the District Declarant. Guests must be accompanied by a resident. Residents are responsible for their guests. Section 3. Children. Children under the age of twelve (12) years, using the pool club and facilities must be supervised at all times by a responsible adult. Children of diaper wearing age shall be permitted to use the pool, provided a specialized swim diaper is worn. Section 4. Pets. No animals of any kind shall be allowed within the pool club and facilities. Section 5. Destruction of Property. There shall be no marking, marring, damaging, destroying or defacing of any part of the District Property. Owners shall be held responsible for, and shall bear any expense of, such damage caused by said Owner, his family, guests, lessees and/or invitees. Section 6. Cooking; Alcoholic Beverages. No cooking, including barbecuing, or alcoholic beverages shall be permitted within the pool club and facilities without the prior written consent of the District Association. Eating will be permitted, but confined to the covered area. Section 7. Refuse. All refuse, waste, cans, newspaper, magazines and garbage shall be deposited in the covered sanitary containers provided therefore. Section 8. Bottles, Glass. No bottles or glass containers shall be allowed within the pool club and facilities. 8

9 Section 9. Radios. All radios, cassette and compact disc players shall be played at a level not to disturb or annoy others using the Common Area. Section 10. Running; Roughhousing. No running, roughhousing, or unruly behavior shall be permitted within the pool club and facilities. Section 11. Hours of Operation. The pool club and facilities will be open at such hours as determined by the Board of Directors. Use of the pool club and facilities during any other times is prohibited. Current Hours: Dawn to Dusk Section 12. Swim at Own Risk. No lifeguard or other medical or emergency personnel will be on duty. Therefore, USE OF THE POOL CLUB AND FACILITIES WILL BE AT THE USER S RISK. Section 13. Smoking. The pool club and facilities are designated as a NO SMOKING AREA. Section 14. Rules Changes. The Board of Directors and the Homeowners Association reserve the right to change or revoke existing rules and regulations and to make such additional rules and regulations from time to time as necessary or desirable for the safety and protection of the buildings and their occupants, to promote cleanliness and good order of the property and to assure the comfort and convenience of Owners. Section 15. Bikes; Skateboards. No bikes or skateboards are allowed in the pool area. Bikes should only be parked in the bike rack located in the parking area. Please do not block entrance gate with bicycles at any time. This is a safety hazard.. 9