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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. In the coming months, the committee will work through the CC&Rs, and after in-depth discussions and consideration, recommend changes for the community to consider and ultimately vote on. The following are the recommendations that the Committee has come up with so far. Each month we intend to add to the list.
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Our goal is to communicate proposed changes to all residents; and invite community feedback, providing opportunity for multiple viewpoints from residents, all with the objective of engaging in a full and open discussion of the merits of proposed changes so that the members can make an informed decision.
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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 make your comments brief.
Signs in Rosedale
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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). The sign should not exceed 18x24” and must be taken down at the end of the open house. To insure appearances, it was suggested that the sign must be professionally printed or commercially available.
The Committee also recommends that the CC&Rs allow one invisible fence sign no larger than 7x12” and one Bad Dog sign to comply with Florida Statute 767.04.
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Resident Comments:
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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
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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)
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Bird Feeders
Article V, Section 18, paragraph e forbids bird feeders. The Committee views the current restriction as an over-reach and recommends that bird feeders be allowed with conditions. The first sentence should be amended as follows: “No bird feeder or other attractant for wild birds or other animals”.
The following should be added as a new paragraph g:
“Article V, Section 18, paragraph g.
To avoid attracting rodents, bird feeder must have a wide bottom tray to catch dropped seed. The bird feeder should be mounted high enough to prevent access by sand hill cranes and secured from climbing rodents. It is not permissible to place seed directly on the ground. The homeowner must maintain the ground around the bird feeder free of seeds.”
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Resident Comments:
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Bill Painter - Thanks for bringing back birdfeeders. All for it.
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Dean Bender - Based on our experience in Virginia, it's impossible to prevent rodents (especially squirrels) from getting up to a bird feeder and then scattering seeds all over the ground. Birds will also scatter seeds all over the ground. As a result, the seeds on the ground will attract even more rodents such as rats. As far as requiring the homeowner to clean up the seeds, it will be impossible to pick them all up, especially in St Augustine grass. I'm totally opposed to it.
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Peter Ingraffia - I too am in agreement that bird feeders are a problem. All the same reasons already stated. I understand the team is looking at including feeders that do not drop seed, etc which makes sense in theory but problematic to enforce. There apparently is a problem near Baltry court with roof rats as this was raised as a concern at the town hall. (click here to view the information Peter recommends)
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Judy Boehm - I have been looking forward to my retirement years when I can have more time to observe and monitor birds in birdfeeders in my yard. What a pleasure to see the variety of birds here in Rosedale, their funny activities, their beauty, and listen to their calls. We should be able to find a way to have birdfeeders here in Rosedale. With a tray birdfeeder, I have little feed outside the tray, and I clean up the weeds below regularly. If the squirrels get into the tray, they eat the seed and don't throw it around much. There are feeders which claim to keep squirrels out. We are smart enough to figure this out.
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Steve and Beth Murphy - Bird Feeders SHOULD NOT be allowed. We already have issues with roof rats and other pests. AND since it is illegal in the state of FL to feed Sandhill Cranes, this should be communicated to all residents as we see people feeding some of the Cranes almost daily.
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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..
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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.
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Resident Comments:
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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.
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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).
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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.
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Mowing Fee
The Committee recommends that in the first sentence in Article VII, Section 7, the following change be made to eliminate the mowing fee as follows because it no longer applies:
“collection of any annual mowing fee or other expense (including maintenance and repair expenses) charged” be changed to “collection of any maintenance or repair expenses charged”
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Resident Comments:
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.
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Resident Comments:
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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.
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Reference Material
Sandhill Crane - It is illegal to feed the sandhill crane in the state of Florida.
Feeders- Bird feeders may aid in the spread of disease among different species of birds. For this reason, the Florida Fish and Wildlife Conservation Commission recommends scrubbing all bird feeders twice a month with a solution containing one part bleach to 10 parts water. If the feeders begin to attract bears or sandhill cranes, residents must stop feeding until these animals stop coming to the location.
9/23/23