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Proposed CC&R Changes

The Community Standards Committee is charged with reviewing the CC&Rs and suggesting changes to be voted on by the community at the next annual meeting. Your Community Standards Committee has completed our review of the CC&Rs for this year, and, taking into consideration the suggestions from the community in the May 27th survey and at our Town Hall on January 8th, have come up with 14 recommended changes.


These draft amendments have been reviewed and put into proper legal form by the Association attorney to comply with Florida Statute 720.

Changes to the CC&Rs may be made at a properly convened Annual Meeting of the HOA. The percentage of voting interests required to constitute a quorum at a meeting of the members of an HOA is 30 percent of the total voting interests, that is, 333 in person or by proxy (Florida law [720.306(1)(a)]). Article XII (6) of our CC&Rs requires approval of at least 2/3 of the voting interests present to approve any change to the CC&Rs. 

We urge you to read the 15 recommended changes listed below and the comments that residents have sent in, and give careful consideration on whether you agree with them.  You well be asked to vote on them for the upcoming Rosedale Master HOA Annual Meeting in March.  We invite your comments, for or against, the following proposed changes.  Please send your comments to bodmazer@rosedalemhoa.com and they will be posted on this Page.  Please keep your comments brief.

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14 Recommended Amendments
to the Rosedale CC&Rs

1.  Signs in Rosedale

Currently no signs are allowed in Rosedale.  The original purpose of not allowing Open House or For Sale signs in Rosedale was that the developer, who also had a realty company, didn't want to make it easy for any other company to sell houses in Rosedale.

 

According to one real estate agent, newspaper and web advertising are the only effective tool to draw potential buyers to an open house.  A sign in front of the house is only to help a buyer identify the where the open house is.  It seems reasonable to allow a real estate agent or an individual selling his house to place an open house sign to be placed in the front yard during the hours of the open house (not in the window of realtor's car).  

e. A real estate agent or an individual selling his house may place one (1) open house sign in the front yard during the hours of the open house.   The sign may not exceed 18x24” and must be taken down at the end of the open house. The sign must be professionally printed or commercially available. A resident may display one (1) invisible fence sign no larger than 7x12” and one (1) Bad Dog sign when appropriate to comply with Florida Statute 767.04.

 

Resident Comments:

Bill Painter - I understand the frustration for homeowners who do not want their areas sprayed and was disappointed at the solution proposed at the BOD meeting.   I have a similar problem with trimming in my courtyard and have a standing order not to trim or prune as I am trying to let certain trees/bushes grow.    Without a sign posted the week that they are to prune I have had them come in and prune anyway.  Once they even stepped over the rope I had tied at the back sectioning off the area.  Posting only on the day of the week they are supposed to come doesnt work since it is often several days or the next week before they come.  I know in the Links that they have very nice printed signs for not pruning and see nothing wrong in posting them whenever there is a scheduled work.
 

Regarding open house signs, that is great.  Also do not understand why a homeowner cannot post a for sale sign in their yard.  The developer is gone and it also helps sell a home.  Neighbors tell friends and let them know a home is available

Terri Soller - Allow home invasion alarm signs because law enforcement says they help reduce home invasions. (note- Security Alarm signs are allowed in the CC&Rs)

Wanda Carr - I agree that signs in yards should be managed. I cannot understand why it’s deemed acceptable for home security and electronic dog fences to be posted while signs requesting no spraying on chemicals are not to be allowed. Recently I counted 20 home security signs on only 2 streets while do not spray signs numbered 3.

 

I requested no spray because I had a vey sick dog (3 months nonstop diarrhea) who nearly died. I was even directed by the HOA to request signs. My dog recovers after spraying is stopped and I had a sense of security. Now that sense has been eliminated because I will have to rely on the landscaper to keep a “list” and make sure (?) my property is not sprayed. Will my dog sicken again?

Brian Spletzer - The "no spray/no podar" signs do not bother me

Michael Sleight - Without signage prohibiting the existing HOA provided landscape contractors from entering, blowing debris into or doing any work in landscape beds, I don't see an alternative to yard signage to protect my landscaping investment. I agree that signage is not attractive, nor should it be necessary, but after seven years of trying to address the issue as above, I do not see an alternative.

Poonam Bhogal - The HOA direction to remove all no spray signs for those of us who are adversely affected by the spraying is uncalled for as it takes away our basic right to protect ourselves and our families from toxic spraying and our right to healthy and peaceful enjoyment and living in this community. ...This is a huge inconvenience to us and has made living in this community a living hell. ...Especially when it has been proven that what is being sprayed is highly toxic and cancer giving besides several other diseases caused by Glyphosates. No spray signs or flags should be allowed.

Michael Axelrad - Unfortunately Bloomings and others do not read their portal. ... Signs are the only way to communicate.

John Sasa - Allow realtors to post open house signs on the property and directional signs throughout the community on common ground, easements or owner approved areas. Signs would be allowed on the day of showing and could only be paced 1 hour before the showing and removed within one hour after.

2. Tree Removal and Trimming

The Committee recommends that the three paragraphs in Article V, Section 12d governing the removal of trees be eliminated because they are confusing and unnecessary. Other paragraphs duplicate the last paragraph and residents will still have to get approval from ARC to remove a tree and must replace any tree with one the county approves.

To be removed:


(d) It is the express intention of this subsection that the trees existing on the subdivision located upon the Properties at the time of the recording of this Declaration, and those permitted to grow on the Properties after said time, be preserved and maintained as best as possible in their natural state and condition. Accordingly, these provisions shall be construed in a manner most favorable to the preservation of that policy and intent.

Damaging, removing, or otherwise altering a tree covered by this section shall be deemed a violation of the Declaration and, without limitation of the rights and remedies afforded to the Association by virtue of the Declaration, Articles, Bylaws and Florida Statute, be subject to fining of, in manner set forth in the governing documents of the Association until a replacement of like height and diameter is planted at the original location of the damaged, removed or altered tree.

As to new or replacement trees, the Architectural Review committee shall consider type, size, location, height, mature foliage, pollen cycles, similarity with pre-existing trees in the Association and such other qualifications as may be adopted and distributed to the community by the Architectural Review.

Resident Comments:

Bill Painter -  Are we giving up on replanting trees taken down?  I strongly object to cutting trees without replacing them.  We already have this problem for the common areas where  trees are cut and not replaced.  (the four corners at 54th and 88thstree being a good example as well as the dozen plus pines cut on 88th without any regard to replacing them.

Brian Spletzer - I do think we need some reference that trees cannot be removed without ARC approval (and often will require some type of replacement).

Steve and Beth Murphy - Perhaps something to the effect that the trees on the property at the time of purchase are to be maintained or replaced if damaged.  Keep it simple.

Ed Mazer - This section is not necessary because the issue of replacing trees is addressed in the Florida Statutes and Manatee County regulations.  For more information on the law, use the following links: 

https://library.municode.com/fl/manatee_county/codes/land_development_code

 

https://manatee.hosted.civiclive.com/departments/building___development_services/environmental_review/tree_removal_authorization___permits/residential_tree_removal

3. Mowing Fee

The following change be made to eliminate the mowing fee as follows because it no longer applies:

 

Article VIII, Section 7

 

In order to provide an additional means to enforce the collection of any annual mowing fee or other expense (including maintenance and repair expenses)

 

4. Animals – registration

Article V, Section 18, Paragraph b, requiring the registration of animals be eliminated because it is unnecessary and an over-reach.

 

(b) The Board of Directors may adopt reasonable rules, regulations and forms related to the registration of dogs or cats by Owners and Tenants at the Association's discretion. The dog or cat registered with the Association may not be replaced upon its demise without submitting the new animal to registration. Each dwelling may also house domestic birds or fish without registration requirements.

Resident Comments:

Steve and Beth Murphy - Disagree; it should be kept in.  We need to be aware of the different breeds that are in the community and if a dog/cat is registered and gets out, being registered may assist in it being returned to its owner.

Brian Spletzer - I agree with eliminating this for the reasons stated.

Michael Axelrad - I do not think animals should be registered at all. As long as my animal is registered on a leash and is not causing a nuisance with loud barking (except for the dog park), it’s nobody’s business what or how many animals I have.

Gordon Dimmock - I would like to recommend that all dogs should be registered and make sure that the owners have insurance. I am not sure if you remember that my wife was attacked by our neighbor's dog, the dog had been previously in 2 known incidents where legal action was taken in NY state and in the dog park in Rosedale and then on our property. I believe any dog no matter what size should be vetted by the board to make sure they at least have insurance annually. I have seen larger aggressive dogs while walking and driving our golf cart in the community and they are having to be held back by their owners. We are still paying off the medical bills for this incident and my wife will never walk properly again not to mention when she hears a big dog barking the flashbacks occur!

Don Taylor - Manatee County requires pet licensing for dogs, cats and ferrets. Most states require licensing, rabies and distemper vaccines. This is usually enforced by health departments and animal control. Why to we need to duplicate these efforts?

5. Garbage bags and Containers

The Committee recommended the following changes to Article V, Section 6 to provide more flexibility to residents

All garbage or trash containers must be located and underground or placed within totally enclosed or screened areas.  The Association shall designate a uniform garbage receptacle to be used by all Owners. Each Owner shall be required to obtain, at the Owner's expense, garbage receptacles of the type designated.  Clotheslines are permitted on a Lot but shall not be visible from any street or common area.

6. Garbage bags and Containers

The Committee recommended the following addition to Article V, Section 6 to provide more flexibility to residents

Garbage and trash shall be put out on the edge of the street for collection in lidded containers or in sealed plastic bags. Bags shall not be put out until the day of scheduled pickup. If garbage, recycle material or other waste is outside of proper containers for any reason, the Owner shall immediately address and  dispose of the same. All refuse containers must be returned to the interior or shielded area of the home by midnight of the date of collection.

Resident Comments:

Michael Chenkus - I find the curbside disposal of household waste in exposed trash bags to be unsightly, unsanitary, and cause of a negative impact to the community property values. An enclosed trash receptacle is not a major ask of Rosedale residents. ...thing s someone throws into their household waste. From rotting food to used medical supplies, and personal hygiene products, and the list goes on. From a sanitary perspective, when those items are in bags allowed to sit in the hot sun curbside, they fester and decay. ... The other reason, is that it creates an appearance that devalues the neighborhood. Trash pickup occurs 2 of 7 days per week.  That’s two business days each week where for-sale property showings are mired and impacted by the perception of garbage bags curbside throughout the community. 

Mary Creagh -

I do not believe that we should allow or encourage people to put out plastic bags for trash collection. Many mornings when walking my dog, I see such trash bags opened by animals and the contents distributed on lawns and the street. Honestly, it is disgusting. There is no way to monitor the trash bags being placed out overnight vs the early morning. People will continue to put them out at night. If the trash is not collected by early morning, the bags stay out all day long, baking in the sun. It makes the neighborhood look terrible and I find it to be unsanitary. I would recommend that all residents be required to put out trash in a garbage bin of their choosing.

Betty Jacobs - I don't understand the purpose of using plastic bags vs. garbage can.  I don't think you will be able to regulate the type of garbage bag - publix bags vs. larger thick bags.  It looks awful on the street on garbage day, especially because ours isn't picked up until later in the day.   I've seen animals get into the trash bags and also they invite more animals. 

David Turley - Plastic garbage bags should NOT be allowed to sit curbside for all the obvious reasons.  Getting and using a container should not be an inconvenience to anyone living in Rosedale, or any other community for that matter.  The only possible advantage to allowing this practice would be that someone gets a break from walking the container back to the garage.

Jim Britton - I would prefer residents have to use receptacles for trash rather than putting bags out. And there is no way residents will wait till the morning to put those bags out. Some will but there are bags everywhere in the early evening hours.

Rick Swartz - Understand handling bags and cans separately (e.g., bags morning of pickup). But not mentioning cans leaves open the potential for homeowners to put cans out days in advance. Suggestion: cans at curb no earlier than 6PM the night prior to pickup.

 

Language requires cleanup as it makes little sense: outside of proper containers caused for any reason.

James Delyanis - I disagree with garbage being put to the curb in plastic bags.  It cheapens the look of the community as a whole. A requirement that the cans be covered is unnecessary because windy days would cause the covers to roll down the street.

Don Taylor - I prefer all trash be contained in plastic containers.

Mary Creagh - I still remain very against allowing the use of plastic bags curbside. Most especially flimsy white bags. It is really unsightly for the entire neighborhood, especially days that trash is not picked up early in the day. It is also unsanitary. There is no way to monitor whether bags are placed out overnight- and you can be sure residents will continue to put them out the night before. With regard to people who say they may go away for the weekend and cannot bring in a trash can, if they cannot ask a neighbor to do this, perhaps we can make an exception that they put out a thick black plastic bag in these cases.

Tom Mavrikes - As a Rosedale resident/homeowner, I think trash bags at the curb look absolutely awful.  It’s embarrassing to even have guests over as they see this.

I have had several guests comment about it.  I certainly hope this is not going to be adopted as the new norm.  I hate to sound like a snob but it’s looks like something you’d see at a trailer park.

Vehicles

The Committee recommended the following changes to 6 separate items in Article V, Section 15.

7.   Article V, Section 15, Paragraph a  - Parking

This change relieves the homeowner of direct responsibility for guest parking by deleting this paragraph.

 

Owner agrees  to notify all guests of the regulations regarding parking, and to require  guests to abide by such parking regulations and to be responsible for guests and tenants who violate such restrictions, and to indemnify the Association for any damage to or towing caused by the guests parking of vehicles within the Subdivision.

8.   Article V, Section 15, Paragraph b

Adds windshields to list of things that may be repaired on sited and adds motorcycles and motor homes to the list of items that may not be repaired in driveways.

 

No repairing of automobiles, trailers, boats, campers, motorcycles, motor homes or golf carts will be permitted outside the confines of the owner's garage. The sole exception being replacement of a flat tire, windshields, windshield wipers and batteries.

9.  Article V, Section 15, Paragraph b - Cars with leaks

 

This is already covered by article V, Section 15 e and is unnecessary.

No vehicles are permitted on the Association property, which leak oil, brake fluid, transmission fluid or other fluid. Oil or fluid leaks into the parking areas are the responsibility of the owner of the vehicle. Any damage from oil leaks will be repaired at the expense of the Owner of the Lot from which the offending motor vehicle originated

10.  Article V, Section 15, Paragraph d - Cars that create a nuisance

This change reduces the scope of what would be considered a nuisance.

 

No Vehicle on Association property shall create a nuisance or a noxious condition on the Association property, by constituting a nuisance due to its noise level, disrepair, or exhaust levels. Such determinations may be made, but are not solely conditioned upon, body damage, visible garbage, refuse, papers and work materials in on or otherwise associated with the vehicle.

11.  Article V, Section 15, Paragraph e  - Parking Registration

This change eliminates unnecessary controls and over-reach.

 

Any vehicle parked in violation of this Declaration is subject to being towed and all costs and expenses shall be paid by the owner of said vehicle. Parking of any vehicle on the contrary to the requirements of this Section 15 shall constitute parking of such vehicle in an unauthorized location on the Property in violation of Chapter 715.07 Vehicles or Vessels parked on private property; towing, Florida Statutes.as that law now exists or may hereafter be amended from time to time, and the Association shall be permitted to avail itself of the rights provided in such Chapter, including without limitation the right to tow the vehicle from the Property after proper notice, whether on common elements or a Lot. The Board of Directors for the Association may institute guest and owner parking registration, including but not limited to, parking passes, in the future, without further amendment to this Declaration, by adoption of reasonable rules and regulations to that effect,

Residents Comments:

Michael Axelrad - I am against towing any car.

Rick Schwartz - This section and others like it throughout the CC&Rs should be covered by a blanket statement to that effect to include all federal, state, and local laws and simplifies the overall document, or may hereafter be amended from time to time, and the Association shall be permitted to avail itself of the rights provided in such Chapter,

12.  De Facto Tenancy Article 5, 16(e)

 

Change defines de facto tenancy to be less restrictive by including more extended family and significant others.

 

(e.) De Facto Tenancy: Owner agrees and understands that the continued presence of a Guest or Invitee that is present in a Lot for a period of 20 days within any 30-day period will, for the purposes of this Declaration, be considered a Tenant and subject to all lease requirements of this Declaration regardless of whether a written lease exists. In addition to being present on the Association property, the use of the Lot address for governmental identification, employment purposes, financial purposes, or similar address records shall initiate the tenancy time frame detailed in this sub-paragraph (v). Individuals which are defined under this provision as a tenant, and, are related to the record Owner of the Lot by first or second degree consanguinity, marriage to the record Owner, or legal adoption by the record Owner shall not be required to submit a lease agreement for the purposes of approval by the Board of Directors, shall not be required to pay rent, and shall not be required to submit for approval notices of a proposed leasehold in the same fashion as a tenant, provided the Owner remains in occupancy of the Lot or unless such a lease agreement exists. Individuals which become defined under this provision as a tenant, and, are related to the Record Owner of the Lot by blood, marriage, or legal adoption shall still adhere to the provisions of this article regarding interview by the Board of Directors and submission to a background check and be subject to disapproval as set forth in this Article 29.  Non-Owner individuals who reside at a residency, where this is going to be their legal residency, under this provision, and where a lease is not required, are as follows: individuals that are related to the record Owner of the Lot by: first, second and third degree consanguinity (1st degree: Spouse, Children and Parents; 2nd degree: Brothers, Sisters, Half-Brothers, Half-Sisters, Grandchildren and Grandparents; 3rd degree: Uncles, Aunts, Nephews, Nieces, Great-Grandparents and Great-Grandchildren), marriage, partnership, and/or legal adoption, shall be considered as additional residents, and entitled to any such privileges afforded the legal Owner. The record Owner shall not be required to submit a lease agreement for the purposes of approval by the Board of Directors, for the aforementioned conditions.

Residents Comments:

13.  No-Mow-Zones

 

This change replaces No-Mow-Zone with the new less restrictive concept of Slow-Mow-Zone and makes it optional at the discretion of the Board. The Board has no plan or intention to establish any Slow-Mow zones at this time, but would prefer to reserve this tool in case that pond edge erosion become a problem in the future at any particular pond.

 

Article I, Section 15 - Definitions

15.  "No-Mow-Zone" is the designated area of comprising a four (4) to six (6) foot buffer of shoreline identifiable by vegetation growth which reaches a maximum height of no more than 18 inches, and is limited to shoreline areas of bodies of water within the Association. “Slow Mow Zone” means the three (3) to five (5) foot margin of the land owned by the Master Association along the shore line defined by the normal water line of the stormwater drainage ponds.

 

Article V, Paragraph 22, b

22. Maintenance of Lots and Land Adjacent to Lakes

b) The Lot Owner shall be responsible for all routine maintenance, including without limitation routine mowing, irrigation, fertilization and pesticiding, of all lawn and landscaping located between on the Owner's Lot and for lots by ponds, to the waters edge where a pond is appurtenant to said Owner's Lot. Except as otherwise provided herein for the routine maintenance by the Lot Owner, should repair and/or replacement of the area located between a body of water and an Owner's adjacent Lot become necessary, the Master Association will be responsible for repairing and replacement, as needed. The Master Association shall make all decisions on repair and replacement to the standards acceptable and/or required by SWFWMD and other governing authorities. Any damage to or required repair to the No-Mow-Zone, swale, SWFWMD or other governing authority controlled areas shall be the sole responsibility of the Lot Owner, and the Lot Owner shall indemnify the Association against any such damages which may be claimed against the Association as a result of the Lot Owner's actions.

 

To prevent erosion at the ponds edge and avoid future costly repairs, the Master Association, at its sole discretion and with the advice and input of the Stormwater Committee, the SWFWMD and other governing authorities, may but is not necessarily required to execute its authority to require the homeowner to allow the grass along the “Slow-Mow Zone” to grow to a height of no less than 6 inches.

Except as otherwise provided herein for the routine maintenance by the Lot Owner, should repair and/or replacement of the area located between a body of water and an Owner's adjacent Lot become necessary, the Master Association will be responsible for repairing and replacement, as needed. The Association may make repairs as recommended by the Storm Water Committee or that in the discretion of the BOD are deemed necessary to prevent further deterioration. All repair and replacement must meet the standards acceptable and/or required by SWFWMD and other governing authorities.

 

Article V, Section 10 Landscaping

All lawns and landscaping shall extend to the pavement line in front of any dwelling and to the No-Mow-Line for those Lots the normal water line for those Lots adjacent to lakes.

Residents Comments:

14.  Car Covers

Eliminate the Board’s option to define and allow approve car covers.

Article V, Paragraph 15, (b)

While visible within the subdivision and not within a garage, no vehicle, either approved or unapproved pursuant to the terms of this Declaration, may be covered with a tarp, car cover, or other type of material or product designed to obscure the view of a vehicle and or protect the vehicle from the elements. The board may adopt specifically detailed board approved car covers for vehicles which would otherwise be in violation of the section.

Residents Comments:

15.  ARC Discretion  Article VI. Section 3

To limit the discretion of the ARC Committee and grant applicants additional rights.

 

To the extent the Board has not so promulgated rules, the ARC may promulgate such rules; provided, however, that all such rules must be consistent with the Master Declaration and Bylaws.  From time to time the Board and the ARC may promulgate Rules and Guidelines.  All Rules and Guidelines developed by the ARC must first be approved by the Board.

 

Add the following paragraph:

6. Denial and Reconsideration. In the event the Architectural Review Committee denies a request from a member of the Association, the ARC shall submit a brief written explanation of the basis for the denial to the owner/member. Such written explanation shall be accomplished by citation to the section(s) of the governing documents that serve as the basis of the denial. Such written explanation shall be served by hand delivery, email, or USPS first class letter. Within fourteen (14) days of the date of mailing or hand delivery of the written explanation, the member whose application was denied may appeal the ARC denial by submission of a written request for reconsideration to a member of the Architectural Review Committee or Association management. Such request shall be deemed effective upon receipt. A meeting for reconsideration shall be conducted by three (3) members of the Board of Directors appointed by the President for that purpose, within thirty (30) days of receipt of the request. The outcome of the meeting for reconsideration shall be affirmation of the ARC denial, or, modification of the denial. Unless otherwise directed by the 3 members of the board, the result of such reconsideration meeting shall close the ARC application and no further reconsideration may be brought under the ARC application reviewed at the meeting for reconsideration.

Residents Comments:

2/2/24

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