Lake Wilson Preserve Home Owners Association

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Rules and Regulations and Restictive Covenants

altLake Wilson Preserve has an irrevocable set of Restrictive Covenants that were put in place when the sub-division was built. These Restrictive Covenants were designed to ensure that Lake Wilson Preserve is always well maintained, consistent in appearance, looking great and thereby ensuring that the community remains aesthetically pleasing.

You would have been made aware of these Restrictive Covenants when you purchased your property. The rules and regulations set out in this section go hand in hand with the Restrictive Covenants.

Simply because you were not given a copy of the Restrictive Covenants or Rules and Regulations when you bought your property in the community, does not exclude you from complying with the Rules and Regulations and Restrictive Covenants. It is your responsibility as an owner to read and follow the Rules and Regulations and Restrictive Covenants.

 

As a homeowner, even if you do not live in the community on a full time basis, it is still your responsibility to ensure your guests, tenants, contractors and property management team are fully aware and comply with all of the Rules and Regulations and Restrictive Covenants. If there are any violations, you, the home owner will receive the appropriate violation notice.

 

Article IX, Section 27 of the Restrictive Covenants clearly outline enforcement and fines that may be levied for repeated non-compliance of the same Rule and Regulation or Restrictive Covenant.

 

We trust you will take the appropriate action to prevent any incident and we thank you for your co-operation in keeping our community a place that everyone can be proud of.

 

The role of the VOLUNTEER Board of Directors for the Lake Wilson Preserve Homeowners Association is to enforce the Rules and Regulations established under the Restrictive Covenants. Under Article V, #3, of the Amended and Restated Articles of Incoporation, the HOA has the following powers,

 

To provide, to the extent deemed necessary by the Board, any and all services and do any and all things with are incidental to or in furtherance of things listed above or to carry out the Association mandate to keep and maintain Lake Wilson Preserve in proper and aesthetically pleasing condition and to provide the Owners with services, amenities, controls and enforcement which will enhance the quality of life at Lake Wilson Preserve.

 

Please keep in mind that the Board of Directors is not responsible for resolving disputes between neighbours. If you have an issue with your neighbour please speak to your neighbour before attempting to involve the HOA.

 

Please note that this in not a complete list of the Rules and Regulations or Restrictive Covenants.

If you have a question, please send an inquiry to the HOA.

 

Do you rent your home on a short or long term basis?
Please be advised that if you rent out your home, either short or long term, you are required to register your home.  You must have a Polk County Local Business Tax Licence (previously called an Occupational License) and a Florida State Licence to rent out your home.  Your home will also be subject to inspection to make sure you have the required standards for the safety of you and your guests. We suggest you read the following link provided by Polk County.

http://www.polktaxes.com/touristdevelopmenttaxes/guide.aspx

 

Our community defines a short term rental is one in which the owner has the same guests in the home for a period of 90 days or less in a 365 day period. A long term rental is one in which the owner has guests or tenants, who reside in the home for more than 90 days in a 365 day period.

 

HOA Assessment/Fees

Please be advised that HOA assessment/fees are due on the 1st of January, April, July and October of each year. Please see the HOME and WHAT TO EXPECT pages for more information.

 

Rules and Regulations

The following list of Rules and Regulations is NOT the complete list or document. To read the complete Restictive Covenants document, please log onto the Homeowner section of this website. If you have lost your username and password for the Homeowner section of this website please contact the HOA to obtain new one. Contact information can be found on the Home Page.

Garbage Bins/Trash Containers

Pets

Parking

Irrigation

Vehicles

Property Maintenance

Signs

Landscaping

Noise

Mailboxes

Violations

Liens

Original Assessment

 

Garbage Bins/Trash Containers

Article IX, Section 6 of the Restrictive Covenants of Lake Wilson Preserve require all owners to ensure their recycle and garbage bin/trash container is stored away in a timely manner, out of sight from the street and neighboring lots.

 

We would like to remind all owners, residents, guests, agents, managers or contractors that garbage bins/trash containers are to be out of sight from the street and neighbouring lots at all times when it is not trash collection day. This means the garbage bins/trash containers must be kept in the garage or in an ARB approved garbage bins/trash container enclosure ONLY. (Please refer to the ARB page for more information.) Garbage bins/trash containers may not be kept beside a home, on a pool deck or in any other location on the property. Failure to keep your garbage bins/trash containers out of site is a violation and will result in a fine being levied by the FIning Committee.

 

Please take the time to write your house number on your garbage and recycle bins to avoid confusion!

 

It is considered a violation if one owner puts his/her garbage in another owner’s garbage can without prior consent of the other owner. This applies to the owner, the owner’s guests, tenants, managers, contractors, agents, etc.

 

Recycle is Monday morning - Recycle can be put out on Sunday at 4 PM

Garbage is Tuesday at 5:30 am - Garbage can be put out Monday at 6 PM

 

Pets

Article IX, Section 12 and Section 22 of the Restrictive Covenants of Lake Wilson Preserve require all owners ensure the following;

  • All pets are to be on a hand held leash at all times (even within your yard). This includes cats and dogs!
  • Pets are not permitted to be attended or unattended in the yard on a tie out leash, lead, rope, or chain.
  • Undergroud/invisible fencing is not permitted.
  • No Pets shall be allowed to urinate (pee) or defecate (poop) on any portion of property other than the lot of the owner of the pet.
  • The owner of the pet must immediately remove all of the pet waste from the property (even within your yard or pool screen enclosure).
  • Your pet must be kept quiet at all times when inside or outside the house. NO BARKING! NO WHISTLING, TWEETING, or MEOWING!
  • Pets include household domestic dogs, cats, birds and fish, etc.
  • Owners shall be held accountable and liable for their pet's actions, or the actions of the pet's of their guests, tenants, contractors, managers, etc.
  • Commercial activities involving pets are not permitted within Lake Wilson Preserve.
  • The Polk County Animal Control Ordinance requires all dogs or cats four (4) months and older to have a rabies vaccination and a valid license tag.
  • Domestic pets only are permitted, such as dogs, cats, domestic birds, fish, reptiles, etc.
  • No farm animals are permitted in Lake Wilson Preserve (No chickens, turkeys, ducks, goats, sheep, pigs, horses, cows, etc.).
  • Only one dog, one cat and two domestic birds will be permitted per property, if you are an owner occupier or if you have long term tenants.
  • As per Polk County Ordinances, you as the owner, must ensure that you or your long term tenant, provide proof of rabies vaccination and a valid Polk County license tag to the HOA within 7 days or obtaining the pet or within 7 days of moving into the community. Failure to do so will be considered a violation.
  • You must provide the HOA with a description of your dog and/or cat and a picture.
  • Short term guests (those visiting under 4 continuous months) are not required to provide the above information but are required to follow all the rules and regulations concerning pets in Lake Wilson Preserve.
  • Existing owners occupiers and long term tenants (as of the date of the Board meeting passing this rule) must provide the information above to the HOA but are not required to be restricted by the one dog, one cat and two domestic birds rule unless the pet (dog, cat or bird) is obtained by the owner or long term tenant after the date of the Board meeting passing the above noted rules.
  • If you have a second dog or cat and it passes away and you fall under the rules prior to the one dog, one cat rule coming into place, then you are NOT permitted to replace the second dog or cat.

Your pet could be considered a “nuisance” under Article IX, Section 22. Fines could be levied under Article IX, Section 27.

  • We ask that owners who walk their dogs inside the community to keep the dog on a short leash and between the sidewalk and the street. As a common courtesy, we ask that owners not allow the dog to wander up on to other owners’ lawns to do their business. As always, it is a requirement to pick up any dog feces on your property and on the property of others.
  • Those who walk their dog outside of the community along Old Lake Wilson Road are under the same rules as if they were to walk the dog within the community.
  • Furthermore, some dog owners, tenants and guests are allowing their dog/s to use the washroom on their pool deck. The smell is affecting your neighbors, as owners, and/or their guests. This is a health hazard and the smell will obviously get worse as the weather gets hotter. This practice also violates the Restrictive Covenants of LWP (Article IX, Section 6, Section 12, Section 16 and Section 22).
  • Please take note that if you have pool service with the HOA, the pool service will not be performed if there are dog feces on the pool deck when the pool technician arrives to perform the service. This means your pool will not be cleaned, the pool deck will not be cleaned and the pool will not be topped up with water. The pool service will not be performed until the next scheduled pool service day, the following week.


Parking - Do not park on the grass or on the street!! Do not block the sidewalk!!

Article IX, Sections 17 of the Restrictive Covenants of Lake Wilson Preserve,

Vehicles and Recreation Equipment – No commercial vehicles, mobile home, motor home, house trailer or camper, boat, boat trailer or other recreational vehicle or equipment, or the like, including disabled vehicles, shall be permitted to be parked or to be stored at any place on any portion of the Property unless parked within a garage, or unless the Developer has specifically designated certain spaces for some or all of the above. This prohibition on parking shall not apply to temporary parking of trucks and commercial vehicles used for pick-up, delivery and repair and maintenance of a Lot, nor to any vehicles of the Developer. No on-street parking shall be permitted unless for special events approved in writing by the Developer and/or the Association.

 

Any such vehicles or recreational equipment parked in violation of these or any other regulations contained herein or in the Rules and Regulations adopted by the Association may be towed by the Association at the sole expense of the owner of such vehicle or recreational equipment if,

 

  1. it remains in violation for a period of twenty-four (24) consecutive hours or
  2. it remains in violation for a period of forty-eight (48) non-consecutive hours in any seven (7) day period.

 

The Association shall not be liable to the owner of such vehicle or recreational equipment for trespass, conversion or otherwise, nor guilty of any criminal act by reason of such towing and neither is removal or failure of the owner of such vehicle or recreational equipment to receive any notice of said violation shall be grounds for relief of any kind.

 

What can you as an owner do to alleviate the parking issue in our community?

-          Do not park on the street.

-          Do not allow your long term tenants to park on the street.

-          Do not allow your short term guests to park on the street.

-          Park in your driveway.

-          Park in your garage.

-          Rent a parking space from your neighbor.

-          If you have a single car driveway, widen it to accommodate two cars, as per the ARB guidelines found on the HOA website.

-          Post a sign for your guests inside your front door advising them of the parking rules.

-          Advise your house managers of the issue and the Restrictive Covenant.

-          Advise your house managers not to rent to guests or long term tenants with more vehicles than you can accommodate with parking spaces.

 

It is also found that numerous violation notices are sent out each year for the following parking offences:

-          Parking across/blocking the sidewalk with a vehicle

-          Parking on the grass

-          Parking within 15 feet of a fire hydrant

-          Parking within 30 feet of a stop sign

-          Parking going in the wrong direction/not the direction of traffic flow

 

These are all violations of Polk County Ordinance 14-020 and Florida Statute 316.1945 and are subject to immediate ticketing and/or towing.

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1945.html

 

If you wish to extend/widen the driveway, please obtain approval from the ARB. Please see the ARB page for more information.

 

We would like to remind all owners, residents, guests, agents, managers or contractors that parking on the grass or blocking sidewalks is not permitted within our community and is against the law in Florida. Parking on the grass causes damage to the irrigation system. 

 

Also, the placing of pavers or gravel on your lawn to create a parking space is a serious violation.

 

Irrigation System

Article VI, Section 9 and Article IX, Section 16 of the Restrictive Covenants of Lake Wilson Preserve require all owners to ensure their irrigation system is accessible to the Landscaping team, turned on, and set to an appropriate level of watering at all times.

 

PLEASE KEEP YOUR IRRIGATION WATERING TIME SUFFICIENT TO ENSURE YOUR LAWN REMAINS IN GOOD HEALTH AT ALL TIMES.

 

The HOA will not replace lawns, shrubs, trees, etc. that have died due to non-watering or insufficient/inefficient watering. The owner of the home will be responsible for replacement in a timely fashion.

 

Vehicles

Article IX, Sections 17 and 18 of the Restrictive Covenants of Lake Wilson Preserve state that commercial vehicles are not permitted unless parked in a garage or actively performing short term property repairs or maintenance on the property.

  • All owners are to ensure no signed commercially marked vehicles, motor homes, trailers, campers, boats, or other recreational vehicles, including broken down vehicles, are parked or stored at any place on any portion of the property, unless parked inside a garage out of site.
  • No vehicle maintenance and repairs shall be performed on the street or anywhere on the property unless it is an emergency situation.
  • Vehicles or recreational equipment parked in violation may be towed by the HOA at the sole expense of the owner of such vehicle and equipment or associated fines may be levied to the lot owner for each day of non-compliance.  Vehicles will be towed even if they are located in the driveway of the home. 

PLEASE ARRANGE TO PARK ALL PERSONAL VEHICLES IN YOUR GARAGE AND/OR DRIVEWAY, NOT ON THE STREET AND REMOVE ANY SIGNED VEHICLES NOT STORED INSIDE YOUR GARAGE.

 

Property Maintenance

Article IX, Section16 of the Restrictive Covenants of Lake Wilson Preserve requires an owner to ensure that the property/lot and all improvements, home exterior, lawn, landscaping, pool, pool deck, pool cage/screen, roof, etc. are kept in a well maintained, attractive and acceptable condition. The irrigation system and lawn garden light are to be in working order at all times and acceptable to the Association Board. House numbers are to be visible from the street. "Objects," such as BBQ's, grills, garbage, boxes, tires, old furniture, etc. are not to be left at the side of your home at any time. The only items permitted beside/between the homes are the air conditioning unit and the pool equipment.

Items may not be attached to the roof or to the sides of the home. You may attach security cameras to the underside of the eave of the home only. Mounting of security cameras on walls is not recommended and may not be approved by the ARB. Mounting of satellite dishes, antennas, weather stations, etc. to the roof or walls of the home are strictly prohibited.

 

Signs

Article IX, Section 13 of the Restrictive Covenants of Lake Wilson Preserve state that no sign, freestanding or otherwise installed, shall be erected or displayed to public view on any lot and common area in the community, with exception of ‘For Sale’ or ‘For Rent’ signs and Lake Wilson Preserve Homeowner Association signs.

 

Landscaping - Trees, Shrubs, Grass

When Lake Wilson Preserve was built the Developer installed trees in some of the back yards outside the pool cages. These trees were purchased along with all other shrubs, grass, etc. when the property was sold to an owner. Ownership of the trees, shrubs, grass follows any subsequent sale of the property to the new owner. The same as the house structure, pool, air conditioning unit, driveway, etc. belong to the owner of the property.

 

The HOA maintains the trees, shrubs, and grass in LWP. The HOA only owns the trees, shrubs, grass that it has had planted in the common areas over the years. It does not own trees, shrubs, grass on the properties belonging to the owners. The HOA merely maintains these items for you. You are paying for this maintenance in your HOA assessment/fee.

 

If you wish to remove a tree that you own from your property you may do so at your own expense after you seek ARB approval. If you wish to add or replace a tree on your property then you will be responsible for the cost and you must apply to the ARB to do so. Please refer to the ARB page for more information.

 

The HOA reserves the right to modify, add or remove dead or diseased plants, shrubs, flowers, trees or grass without prior notice to the owner.

 

Noise

Please ensure you and your guests, tenants, managers, contractors, etc follow the noise rules. Noise rules in our community take effect between 7 am and 9 pm. Please respect your neighbors, they may be sleeping.

 

Mailboxes

  • Mailboxes are optional in Lake Wilson Preserve.
  • New mailboxes must be black in color. Existing white and other color mailboxes can remain until they need replacement. Any replacement mailboxes must be black.
  • Mailboxes must be metal or plastic and on a metal or plastic post, not more than 50 inches in height.
  • The door must open downward.
  • Mailboxes must be located on the boulevard (grass area between the sidewalk and the street).
  • For all property addresses on Robin Road, if you wish to have a mailbox, the mailbox must be located on the west side of Robin Road only. No mailboxes are permitted on the east side of Robin Road.
  • For all property addresses on Hummingbird Pass, if you wish to have a mailbox, the mailbox must be located on the east side of Hummingbird Pass along the palm trees/water retention area. They may not be located on the boulevard in front of your property.
  • For all property addresses on Mockingbird Road between Robin Road and Hummingbird Pass, if you wish to have a mailbox, the mailbox must be located on the north side of Mockingbird Road. No mailboxes are permitted on the south side of Mockingbird Road between Robin Road and Hummingbird Pass.
  • For all other property addresses on Mockingbird Road, if you wish to have a mailbox, the mailbox must be located in front of your home.For all property addresses on Cardinal Court, if you wish to have a mailbox, the mailbox must be located on the south side or Cardinal Court. No mailboxes are permitted on the north side of Cardinal Court.

 

 

 

Violations

If you feel that another property is potentially in violation of one of the many Restrictive Covenants or Rules and Regulations please feel free to report the potential violation to the HOA. Board members do not necessarily live in Lake Wilson Preserve and therefore are not aware of violations on a dialy basis unless notified by another owner, tenant, guest, management company, contractor, etc.

 

To report a potential violation please follow the following steps:

The HOMEOWNER will receive an email and possibly a violation letter with the pictures outlining the violation. The owner could be fined under Article IX, Section 27. This fine is up to $100 PER DAY that the violation continues.

 

This is your community, please be resonsible for your actions!

 

Liens - HOA Assessment/Fees

Article V, Section 1 of the Restrictive Covenants of Lake Wilson Preserve state that any non-payment of HOA Assessment/Fees can result in a CONTINUING LIEN upon the property and shall also be the personal obligation of the person who was the OWNER of such property at the time the HOA Assessment/Fee fell due.

 

All collection costs, interest, legal fees, etc to obtain the HOA Assessment/Fee from an owner is the financial responsiblity of the owner.

 

Article V, Section 8 (e) of the Restrictive Covenants of Lake Wilson Preserve states that the lien shall not be affected by the sale or transfer of any lot. The NEW OWNER AND THE PRIOR OWNER SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ALL UNPAID HOA ASSESSMENTS/FEES, INTEREST, LEGAL FEES, ETC.

 

Original HOA Assessment/Fees

There is a $750 Original Assessment/Fee to be paid at the time of cloisng on the property.