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Hidden River Amended and Restated Restrictions
 

August 17,1999

AMENDED AND RESTATED

RESTRICTIONS

HIDDEN RIVER SUBDIVISION

These are the Amended and Restated Restrictions of Hidden River Subdivision, ("the Subdivision") according to the Plat thereof recorded at Plat Book 18, Pages 41 and 41A and the partial Replat thereof recorded at Plat Book 22, Pages 14, 14A and 14B, both of the Public Records of Sarasota County, Florida.

These Amended and Restated Restrictions revise, supplement and replace the Restrictions of the Subdivision recorded at Official Records Book 762, Page 324 et seq. Of the Public Records of Sarasota County, Florida and all previous amendments thereto and shall apply to all property within the Subdivision, to the extent allowed by law.

1. Except as hereinafter specified, no lot or parcel of land in the Subdivision shall be used for other than single family residential purposes.

(a) No residence shall be constructed on a parcel of less than five (5) acres. Each parcel of land of the Subdivision in contiguous ownership, of whatever size, shall be referred to herein as a "home site". All building plans and specifications shall be submitted for approval by the Association prior to construction. Approval shall promptly be given in writing, unless there are substantial reasons for withholding such approval, provided the construction would not violate any of the restrictions set forth herein.

(b) Each main residence shall have a floor area of not less than one thousand, seven hundred and fifty (1,750) square feet exclusive of porches, breezeways, carports and garages.

(c) Private nurseries, greenhouses, small groves or gardens shall be permitted.

(d) Attached or unattached stables, garages, servant quarters or non-commercial guesthouses shall be permitted, but in no case shall more than two detached buildings be constructed on a home site.

2. All dwelling houses shall be occupied for residential purposes only. No industrial use shall be made of any home site. No commercial use shall be made of any home site except the raising of cattle, horses, and ponies. No other animal of any kind shall be bred or maintained for commercial purpose on any home site.

3. All owners shall comply with the setback requirements of the Sarasota County Zoning Code and shall obstruct no easement except as allowed by the entity owning the easement.

4. A twenty (20) foot easement of right-of-way along the rear lot lines and side lines is reserved for the purpose of constructing and maintaining facilities for furnishing property owners of this Subdivision with electricity, gas, water, sewer drains, drainage and other facilities. No structure shall be constructed in that easement.

5. The home sites of the Subdivision shall not be re-subdivided into smaller than five acres, and if re-subdivided, shall be in tracts as nearly square as possible, and any plans and specifications proposed by the sub-divider shall be submitted to the Association before subdividing.

6. No mobile home or other house trailer may be stored or maintained on any homesite. Recreational vehicles and campers are allowed but may not be used as a dwelling or residence.

7. All buildings with toilet facilities shall be equipped with septic tank and drain fields that conform to the sanitary and health laws of Sarasota County and the State of Florida.

8. No advertising signs shall be displayed to the public view on any home site without first obtaining written approval of the Board of Directors, excluding temporary signs for a period of not more than seven (7) days. Real estate signs shall not exceed the size of 18" x 24" and shall be placed parallel to the road, set back not less than 20 feet from the center line of the road.

9. No unlawful or improper use shall be made of any property in the Subdivision, not shall anything be done thereon which may be noxious or offensive, which may constitute a health or fire hazard or which may become an annoyance or nuisance to the neighborhood.

10. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any home site and said premises shall at all times be kept mowed and clear of debris. In the event that the owners of any home site shall fail or refuse to keep the premises mown and free of weeds, underbrush and refuse piles, then the Association may enter upon said premises and remove such refuse or mow the home site or cut such weeds or underbrush and charge the owner for such services. Such entry on the part of the Association shall not be deemed a trespass. Such charges, if not paid, shall bear interest at the maximum rate allowed by law and the Association shall have a lien for such charges and for such interest and for reasonable attorney's fees and costs incurred in collecting same. Any partial payment shall be applied first to interest, costs and attorney's fees and then to the charge due.

11. It is understood that the roads shown on the plat are to be used primarily for taxiways for aircraft except for the portion of Hidden River Road adjacent to Lots 15 through 25 inclusive and Lots 72 through 77 inclusive, which the Association shall maintain to support ground vehicle traffic.

12. The entity responsible for the maintenance, insurance, operation and improvement of the taxiways, runways, roads, drainage facilities, entrances, recreation areas and other common property of the Subdivision, and for the enforcement of the Restrictions, shall be Hidden River Association, Inc. ("the Association"), of which the owners of each home site shall be a member. A home site owner is entitled to cast one vote for each home site owned and for which assessments are paid in full. The term "owner" shall include the singular and plural. Not more than one vote may be cast for each home site. If a matter is presented for a vote to the home site owners and the vote is less than that required for passage, the matter may not be presented again unless written notice of the new vote is given not less than 14 days prior to the second vote.

13. The Association shall levy, and the owners of each home site shall pay an assessment for the purposes of the Association herein stated and for the operation of the association, in an amount, which shall be determined by dividing the annual budget by the number of home sites. The Board of Directors shall submit to the membership, not less than thirty (30) days prior to the annual meeting, a budget for maintenance and operations for the next calendar year. The approval of the majority of home site owners present or represented by proxy at the annual meeting shall be required for adoption of the annual budget. The Association may also levy a special assessment for a stated purpose or purposes only upon written approval of the owners of not less than sixty percent (60%) of the home sites. The Association shall levy no dues or other assessments against its members and the home site owners except as provided herein. The annual assessment and any special assessment shall be paid within thirty (30) days from notice thereof by the Association to each owner and, if not timely paid, shall bear interest at the maximum rate allowed by law. The Association shall have a lien on each home site for the assessment and interest and for reasonable attorney's fees and costs incurred in collecting same. Any partial payment shall be applied first to interest, costs and attorney's fees, and then to the assessment due.

14. The Association may obtain and shall repay a loan from the United States Small Business Administration (USSBA) for the purpose of repairing and maintaining the dike which is adjacent to and which contains a portion of the Myakka River, in order to protect the Subdivision from flooding, and for the purpose of rehabilitating or replacing other common property damaged or destroyed by the disaster which occurred in June, 2003. The Association may mortgage common property and Pledge assessments and lien and collection rights to secure the loan and shall repay the loan by levying a special assessment which shall, notwithstanding any other provision hereof, be repaid in installments and otherwise as agreed between the Association and the USSBA. The loan and special assessment shall be used only for the purposes stated herein and for no other purpose. Notwithstanding the provisions of Article 13 hereof, no additional membership vote shall be required for the special assessment authorized by this Article 14 and the special assessment shall be irrevocable until the USSBA loan has been repaid in full. However, no draw upon the USSBA loan for an expenditure authorized herein, other than for repayment of the loan, may be made without the affirmative vote by written ballot of the owners of not less than sixty percent (60%) of the home sites. As used herein, "common property" shall have the same meaning as in Article 12 hereof, including but not limited to the property identified on Exhibit "A" to the Restrictions as "Reserved for Aviation Facilities" and "Reserved for Recreation Area".

15. If any home site owner shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Association or any home site owner to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either prevent him or them from doing so or to recover damages or other dues for such violations.

16. Invalidation of any one of these covenants by judgement or court order shall in no wise effect any of the other provisions, which shall remain in full force and effect.

17. It is expressly agreed and understood, by and between the parties subject hereto, that all covenants and agreements herein shall run with the land and be binding upon the heirs, executors, administrators, legal representatives, successors and assigns of the respective parties hereto, and that the word "owner" when used in the deed shall include the singular and plural, whenever and wherever the context so admits and requires.

18. These restrictions shall remain in force and effect for a period of thirty (30) years from date of ratification, but may be amended at any time by the owners of not less than sixty percent (60%) of the home sites signing and acknowledging an instrument in writing setting forth and consenting to an amendment.




 

BY-LAWS OF HIDDEN RIVER ASSOCIATION, INC.

A NOT-FOR-PROFIT CORPORATION

(As of Dec 13, 2014)

 

ARTICLE I

These are the bylaws of Hidden River Association, Inc. ("the Association"), which shall be subject to the Articles of Incorporation of the Association and to the Restrictions of Hidden River Subdivision (herein, "the Subdivision") as originally recorded at Official  Records Book 762, Page 324 et seq. And amended and restated at Instrument 1999134132, of the Public Records of Sarasota County, Florida, and subsequently amended (herein, "the Restrictions").

ARTICLE II

The purposes of the Association shall be as set forth in the Articles of Incorporation of the Association. Without limiting the generality hereof, the purposes of the Association shall include:

A. To develop a community design for safe, healthful and harmonious living.

B. To promote the collective and individual properties and civic interests and rights of all persons, firms and corporations owning property in the Subdivision.

C. To care for the improvements and maintenance of the public easements, parkways, recreational areas, airstrip, taxi-ways and any facilities of any kind dedicated to the community use and other open spaces in the Subdivision, which now exist or which may hereafter be installed or constructed therein.

D. To cooperate with the owners of all vacant and unimproved home sites which now exist or hereafter shall exist in the Subdivision, to keep them in good order and condition and to prevent them from becoming a nuisance and a detriment to the beauty and values of the tract of the Subdivision, and to take any lawful action with reference to such vacant and unimproved home sites as may be necessary or desirable to keep them from becoming a nuisance to the Subdivision, consistent with the recorded Restrictions of the Subdivision.

E. To cooperate with the members of the Association and all property owners in the Subdivision in the enforcement of the Restrictions.

F. In general, but in connection with the foregoing, to do all things necessary to promote the general welfare of the residents and owners of any portions of the Subdivision and their property interest therein.

 


 

ARTICLE III

Section 1. As provided in the Restrictions, the fee simple owners of each home site shall collectively be a member of the Association. Each member shall be entitled to one (1) vote in the Association.

Section 2. Votes may be cast in person or by written proxy filed with the Secretary of the Association prior to the meeting for which the proxy is given.  The Secretary shall ensure that all persons wishing to file proxies who diligently appear for that purpose are afforded the opportunity and shall be provided a reasonable delay to a published meeting start time as necessary in order to do so. 

Section 3. Where the home site of the member is jointly owned or is owned by an entity which is not one or more named natural persons (including but not limited to a corporation, LLC, Partnership or Trust) any of the joint owners or an authorized representative of the entity  may provide a proxy or cast a vote for that member (provided that in balloting, only one ballot shall be provided for any member and if more than one such joint owner or representative seeks to vote other than by ballot in person or by proxy and the votes do not agree, no vote shall be counted for that member in that instance).

 

ARTICLE IV

Section 1. The annual meeting of the members of the Association shall be held on the second Saturday  in December at the Hidden River Clubhouse, or within 15 days prior to or 30 days thereafter , on a date and at a time as designated by the Board of Directors no later than  its regular meeting in November preceding the annual meeting. Although the use of the Hidden River Clubhouse is the preferred location for the annual meeting, the Board of Directors may choose an alternate location with 14 day notice if they deem the Clubhouse is unsuitable.

Section 2. A special meeting of the members of the Association may be called by the President, and shall be called by the Secretary upon the written request of a majority of the members of the Board of Directors or at least twenty five percent (25%) of the members of the Association.

Section 3. Notice of the date, time and place of each annual and special membership meeting shall be mailed by the Secretary to each member at least fourteen (14) days prior to the date thereof, provided that in lieu of mailing, notice may be delivered to a member at that member's residence.

Section 4. The President, or in his absence, the Vice President, shall preside at all meetings of the Association. If neither the President or Vice President is present, the Treasurer or Secretary (in that order) shall chair the meeting.

Section 5. A quorum for the transaction of business of the membership of the Association shall consist of not less than twenty five percent (25%) of its members present in person or by proxy at an Association membership meeting.


 

ARTICLE V

Section 1. The affairs and business of the Association shall be managed by a Board of three (3) to seven (7)  Directors, who shall be elected by the members of the  Association .  The Directors’ term of service shall begin upon adjournment of the meeting at which they are elected, and continue  for a period of one (1)  year or until their respective successors are elected, except in the case of resignation or removal.

Section 2. The Association shall prepare a ballot for the election of Directors at the annual meeting. It shall list, in alphabetical last name order, all eligible persons who have provided written notice of their candidacies to the Association Secretary, received by the Secretary not later than thirty (30) days prior to the annual meeting. The ballot shall also provide blank lines or space for members at the annual meeting to write in the names of any additional candidates who are nominated from the floor at the annual meeting.

Section 3. At each annual meeting of the members, all Directors shall be elected by a vote of the authorized voting members of the Association. Elections shall be by plurality vote, by ballots cast at the meeting by members present in person or by proxy. Ballots and proxies certified by the Secretary shall be preserved for inspection for a period of one (1) year. Any member may inspect the ballots and proxies upon request and the Secretary shall not deny any such inspection. Counting of election ballots shall be performed by the Secretary, and may be witnessed by any candidate or member. The count for each candidate shall be verified by the Secretary or the Secretary's designee, who shall post the tally on a board or other such device so that the membership may see the result as each ballot is counted.

 

ARTICLE VI

Section 1, The Board of Directors shall meet as soon as convenient after each annual election and shall elect from their number by ballot or by voice vote, as they may decide, the officers of the Association .

Section 2. The Board of Directors shall hold regular meetings on a set schedule to be determined by the President of the Board. Special meetings of the Board may be called by the President and shall be called by the Secretary upon request of a majority of the Directors. Not less than forty-eight (48) hours notice of each Board meeting shall be given to each Director in person or by telephone, facsimile transmission or e-mail, and shall be given to the members of the Association by posting or by written notice in the manner provided by law.

Section 3. The Board of Directors shall keep minutes of all of its meetings.

Section 4. A quorum for the transaction of business at any regular or special meeting of the Board of Directors shall consist of not less than a majority of the Directors then serving. Motions and Resolutions presented for passage shall require an affirmative vote of the majority of Directors then present.

Section 5. Any vacancy occurring in the Board of Directors shall be filled by the eligible candidate receiving the next highest number of votes at the immediate prior election or, if that person declines to serve or is otherwise unavailable, by such other eligible person selected by the Board. A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office.

Section 6. All Directors shall serve without compensation.

 

ARTICLE VII

Section 1. The officers of the Association shall be a President, Vice President, Secretary and Treasurer, who shall each serve for a term of one (1) year or until their respective successors are elected, except in the case of resignation or removal. The officers shall serve at the pleasure of the Board of Directors and may be removed at any time by vote of the Board.

Section 2. The President shall preside at all meetings of the Association and of the Board of Directors at which he is present, shall exercise general supervision of the affairs and activities of the Association, and shall serve as a member ex-officio of all standing committees.

Section 3. The Vice President shall assist the President in the conduct of his duties, as requested by the President, and shall assume the duties of the President in his absence.

Section 4. The Secretary shall keep the minutes of all of the meetings of the Association and of the Board of Directors, which shall be an accurate and official record of all business transacted. The Secretary shall be the custodian of all corporate records.

Section 5. The Treasurer shall receive all corporate funds, keep them in a bank or other federally insured depository approved by the Board of Directors, and give proper accountings for all monies. He shall have authority to disburse the funds of the Association on order of the Board of Directors.  At the discretion of the Board of Directors, individual duties of the Treasurer may be assigned to other Officers of the Association, if necessary to meet the requirements of obtaining a surety bond.

 

ARTICLE VIII

The President shall have the authority to appoint any committee or committees, standing or special, to serve at any time and from time to time, in carrying out or discharging any duties or performing any objects authorized by the Articles of Incorporation and Bylaws of the Association provided however that any such appointment may be revoked by the Board of Directors at any regular or special meeting thereof.


 

ARTICLE IX

Section 1. Pursuant to Paragraph 13 of the Restrictions, the proposed annual budget of the Association for the forthcoming calendar year shall be determined by the Board of Directors not later than the November regular meeting of the Board and shall be provided to the membership not less than thirty (30) days prior to the annual meeting.

Section 2. At the annual meeting, the membership, by majority vote of those members present in person and by proxy, may approve the proposed budget or amend it and then approve it. In the event an annual budget is not approved at the annual meeting, the prior annual budget shall remain in effect until a new budget is approved by the membership at a subsequent meeting.

Section 3. The Association shall levy no dues or other assessments except those assessments authorized by the Restrictions.

Section 4. There is hereby established a special fund reserved exclusively for financing major improvement, replacement or repair of the airport, roads or similar facilities made necessary by wear, obsolescence or unforeseen failure due to natural phenomena. This fund shall be called the Capital Improvement/Contingency Fund and shall be comprised of such revenue which may be surplus to the budgeted needs of Hidden River at the end of each fiscal year. Funds contributed to this account shall not be expended as part of the Operating Budget. Moneys from the Capital Improvement/Contingency Fund shall be appropriated by the Board of directors only after a public hearing at a Special or Emergency Board meeting. A vote by the directors to expend such funds shall be ratified by a majority of the eligible members present in person or by proxy.

Section 5. There is hereby established a special fund reserved exclusively for financing the repaving of the runway and roadways. This fund shall be called the Runway/Roadway Paving Fund and shall be funded as a line item of $30,000 in the annual budget.  This fund shall not become part of the Capital Improvement/Contingency Fund but shall accumulate yearly. It is understood that this fund shall not be used for anything other than the repaving of the runway and roadways which shall be repaved simultaneously.

Section 6. The fiscal year of the Association shall be the calendar year.

 

ARTICLE X

All meetings of the Board of Directors and membership of the Association should be conducted in accordance with the most recent edition of Robert's Rules of Order

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