CHAPTER 6 - FENCES & WALLS

                                                                             

 

6.01  GENERAL - All fence and wall installations, alterations, additions and removals shall require the prior approval of the Architectural Control Committee.

 

6.02  APPLICATION - Application forms can be obtained from the management company and when completed shall be submitted to the Architectural Control Committee through the management company. Applicants may be required to submit additional information with their application or take additional action as prescribed by Chapter 16 herein, if applicable.

 

6.03  REVIEW - All applications shall be reviewed by the Architectural Control Committee and upon such review, the application will be either (a) approved, (b) disapproved, or (c) referred to the Board of Directors for the Board's consideration.

 

6.04 TYPES AND REQUIREMENTS -

 

FENCES:

 

Only vertical wood, split rail, wrought or cast metal ornamental type and PVC fences are permitted in Wekiva.  The following requirements shall apply:

 

1.         Wood Fences:  Vertical wood and split rail fences will be permitted in all areas of Wekiva.  If vertical wood fences are utilized then, in addition to the general provisions contained in Section 6.05 below, the following conditions apply:

 

A.         Good Side Out:  All fences must be installed with only the "finished" side visible from outside the lot and the "rough" or "unfinished" side facing the residence.

 

B.         Color:  All wood fences must either remain natural or be stained or varnished to retain the appearance of a wood fence.

 

C.        Top of Fences: Wood fences may have pointed tops so long as the top of each slat has a flat area that is no less than one inch in width.  An example of an acceptable slat is reflected on attached Exhibit “B”. 

 

2.         PVC Fences:   As an alternative to the Wood Fences allowed in subparagraph 1 above, PVC fences will be permitted in all areas of Wekiva, subject to the following described conditions:

 

A.         Type and Material:  All such fences must be made of solid wall single extrusion PVC material of at least schedule forty (40) thickness.  The Architectural Control Committee reserves the right to require that samples PVC material, along with technical data supplied by the manufacturer, be furnished to it before a final decision is made.

 

B.         Style:  All such fences must be similar in style to the vertical wood fences that are otherwise allowed in Wekiva.  The Architectural Control Committee shall be the final arbiter of whether the style is similar, subject to appeal to the Board as provided for in Paragraph 6.03 above.

 

C.        Good Side Out:  PVC fences shall be installed (if applicable) with the supporting posts on the inside of the fence to give the effect of having the "good side out" and having the "bad side” facing the applicants home.

 

D.        Color:  The PVC fences shall either be colored to resemble wood, or white.  The color of all PVC fences shall be "color through".  The color may not be painted on or be a veneer.

 

E.         Top of Fences: PVC fences may have pointed tops so long as the top of each slat has a flat area that is no less than one inch in width.  An example of an acceptable slat is reflected on attached Exhibit “B”. 

 

F.         Other Conditions:  In all other matters, the PVC fences will be subject to those general conditions contained in Section 6.05 below that are not inconsistent herewith.

 

3.         Wrought Metal Ornamental Fences:  Wrought or cast metal ornamental fences will be permitted subject to the following conditions.  If such fences are utilized, then, in addition to the general provisions contained in Section 6.05 below, the following provisions shall also apply.  In case of conflict between the requirements contained in this subparagraph and those contained elsewhere in this Paragraph 6.04, the requirements contained herein shall apply.

 

A.         Location Requirements:

 

i.          Wrought or cast metal ornamental fences may only be placed on those lots with rear lot lines that do not back up to another residential lot located in Wekiva (i.e. parks, golf courses, other developments).

 

ii.          Such fences will be permitted along rear lot lines.

 

iii.         Such fences will only be permitted along side lot lines if the Board, after reviewing all relevant facts, determines that it is the Association’s best interest to permit the same.  As part of this review process, the Board may require the applicant to obtain and submit written instruments signed by the owners of the adjoining lots approving such side lot line fences, however, the final determination will rest with the Board.

 

iv.         Notwithstanding the above, such fences may be used as patio enclosures for patios located in the rear of the house so long as the patio does not extend beyond the side wall of the house.

 

B.         Type, Material and Style:  All such fences must be made of metal and must be either a wrought or cast type.  All such fences must be ornamental in style and must be designed with vertical pickets.  Attached to this rule as Exhibit “C” are examples of the general style of fences that may be approved by the Association subject to the other provisions required below.

 

C.        Size of Pickets:  The pickets of the fence must be at least 5/8" by 5/8" in size.

 

D.        Top of Fences:  All such fences must have flat top rails and no such fences may have pickets with spike-like or other sharp tops.

 

E.         Color:  All such fences must be black or the same color as the house located on that lot.

 

F.         Exemptions:  The above restrictions shall not apply to existing wrought metal ornamental fences located on common areas owned by the master association or any sub-association located in Wekiva or to any replacements thereof.

 

WALLS:

 

1.         Board Approval Required:   It is understood that periodically it is appropriate to allow solid walls in place of the permitted fences addressed above.  However, walls will only be permitted if the Board, after reviewing all relevant facts, determines that it is the Association’s best interest to permit the same.  As part of this review process, the Board may require the applicant to obtain and submit written instruments signed by the owners of the adjoining lots approving such walls, however, the final determination will rest with the Board.

 

2.         Materials:  All approved walls must be constructed of solid materials such as concrete block or brick, the color and style of which must be approved by the Board.

 

3.         Color and Coating:  All walls must be brick or covered in stucco and painted or stained the same color as the house located on that lot.

 

4.         Other Conditions:  In all other matters, the walls will be subject to those general conditions contained in Section 6.05 below that are not inconsistent herewith.

 

6.05  GENERAL PROVISIONS FOR FENCES AND WALLS -         In addition to the above, the following general provisions shall apply to all fences and walls:

 

1.         Height:  No fence or wall shall exceed six (6) feet in height from the ground as measured at any point along the fence or wall.

 

2.         Trees:  No tree(s) shall be removed to accommodate a fence or wall without prior disclosure to, and approval of, the Architectural Control Committee. (See also Chapter 18)

 

3.         Lot Lines:  No fence or wall shall be installed outside of the lot line.

 

4.         Sidewalks Easements:  No fence or wall shall be installed, altered, or added within any sidewalk or other easement without obtaining a variance as provided in Chapter 16 herein.

 

5.         Access Rights:  All fences and walls shall provide access to easements.

 

6.         Connection to Other Fences and Walls:  All fence and wall installations shall, to the extent possible, be connected to fences and walls on adjoining lots.  Approval of the owner of the adjacent fence and wall must be obtained in such circumstance.

 

7.         Front Yard Fences and Walls: Unless a variance is obtained as provided for in Chapter 16 of these codified rules no fence or wall shall extend beyond the front elevation(s) of a house located on a lot in Wekiva.  For purposes of this rule, a house may have a single front elevation if it is square or rectangular in shape or it may have multiple front elevations if the house is other than square or rectangular in shape (i.e. "L" shape).  If a house is something other than square or rectangular in shape, then the fence or wall on each side of the house may not extend beyond the front elevation of that portion of the house which is closest to, and parallel to, the fence located on that side of the house.  For an example of the result of this rule, see the diagram attached as Exhibit "A".  For corner lots, the front of the house shall be the side of the house where the main, formal, entrance into the house is located.

 

6.06 REMOVAL – No existing fence or wall shall be removed without the prior approval of the Architectural Control Committee.  Such approval shall only be given if the removal of the existing fence or wall is necessary to the reasonable use and enjoyment of the real property and if the Declaration allows for such removal (e.g., Article VIII, Section 10 of the Supplemental Declaration for Wekiva Club Estates, Section One).  Notwithstanding the above, upon prior approval of the Architectural Control Committee, fences and walls may be temporarily removed to provide access for construction equipment, utility vehicles, etc.

 

6.07 MAINTENANCE, REPAIR AND REPLACEMENT OF FENCES AND WALLS - Due to the various provisions and documents that apply to the maintenance, repair and replacement of fences and walls located in Wekiva, this subject is addressed as follows:

 

A.         GENERAL RULES FOR FENCE AND WALL MAINTENANCE, REPAIR AND REPLACEMENT

 

Except as provided for in subsections B and C below, all fences and walls shall be maintained on a consistent basis by each lot owner to the standard set by the Board of Directors from time to time.  In the event that any fence or wall becomes deteriorated beyond repair, the lot owner must replace the fence or wall, subject to the prior approval of the Architectural Control Committee, unless the removal of the same is approved as provided for in Section 6.06 above.  (See Article VII, Section, Article VIII, Section 6 and Article VIII, Section 11 of the Declaration)

 

B.         BRICK WALLS WHERE EASEMENTS HAVE BEEN GRANTED TO ASSOCIATION

 

Certain portions of the brick walls located in Wekiva are subject to “wall easements” that were granted by the Wekiva Developer to the Association.  Those walls are reflected on Exhibit “D” attached hereto.  The Association will maintain, repair and replace those brick walls reflected on that Exhibit “D.”   Notwithstanding this statement, no owners of lots on which such walls are located may remove, alter or damage in any manner any such brick walls and must maintain the said brick walls against physical damage.

 

C.        BRICK WALLS LOCATED ON ASSOCIATION PROPERTY 

 

Brick walls located on property owned by the Association will be the maintained, repaired and replaced by the Association.

 

D.        IMPACT OF THE CAUSE OF DAMAGE

 

Notwithstanding the above maintenance, repair and replacement obligations, if a fence or wall is damaged by the negligence of someone else (including the Association), the damaging party shall be liable to pay for the repair of such damage.