Protective Convenants and Restrictions

• Amendment to PC&L May 8, 2007
• Amendment to PC&L September 10, 2007

AMENDED AND RESTATED HOLIDAY ISLE PROTECTIVE CONVENANTS AND RESTRICTIONS

PART A – PREAMBLE

WHEREAS, Protective Covenants and Restrictions for Holiday Isle Subdivision were recorded in Official Records Book 256 at Pages 416-430, inclusive, of the public records of Okaloosa County, Florida on December 21, 1962, and
WHEREAS, amendments to said Protective Covenants and Restrictions were adopted and restrictively recorded as follows: Official Records Book 1291 at Pages 1562-1568, inclusive, on June 11, 1979; Official Records Book 1291 at pages 1572-1568, inclusive, on May 6, 1985; and Official Records Book 2105 at Pages 2484-2485, inclusive, on October 28, 1997; and
WHEREAS, PURSUANT TO THE PROVISIONS OF part E, Section 14 hereof, the approval of a majority of the votes cast by leaseholders/owners who are voting members of the Association has been obtained to amend said Protective Covenants and Restrictions as hereafter set out.
NOW, THEREFORE, the undersigned Association, successor in interest to White Sands Development Corporation and CBS Development Corporation, having succeeded to this interest by virtue of an Agreement and Transfer dated the 20th day of August, 1977 recorded in Official Records Book 928, at pages 968 through 972, inclusive, and being vested with all rights and liabilities therein, hereby files, declares and amends said Protective Covenants and Restrictions as follows:
1. This amended declaration shall constitute a covenant running with the land and these Protective Covenants and Restrictions shall be for the benefit of and limitation upon all present and future leaseholders/owners and do herby define the only uses permitted or allowed.
2. These Protective Covenants and Restrictions, as amended, supercede all prior Protective Covenants and Restrictions and shall run with the land and be binding on all parties and persons claiming under them for a period of thirty years from the date of this amendment after which time, they shall be extended automatically for successive ten-year periods, unless written consent of the majority of leaseholders/owners of real property on “Holiday Isle” as defined in paragraph 3 below has been obtained agreeing to change the Protective Covenants and Restrictions in whole or in part.
3. These Protective Covenants and Restrictions, as amended, attach to and govern all platted areas of holiday Isle Subdivision as originally filed and hereinafter filed and amended and further attaches to and governs any lot, block or part by virtue of leasehold agreement, sublease, assignment of lease, or other agreement, all of which property is hereinafter called “Holiday Isle”.

PART B – SINGLE FAMILY AREA COVENANTS
1. Residential Sections 1, 2, 3, 4 and 5 are classified as Single Family Residential Areas. The Single Family Residential Area Covenants in this part and General Covenants in Part E shall apply to the following blocks and lots:
Block A, Lots 1 through 5;
Block B, Lots 1 through 13;
Block C, Lots 1 through 15;
Block D, Lots 1 through 8;
Block E, Lots 1 through 95;
Block F, Lots 1 through 112.
2. USES – Within any Residential Section listed above, no building, structure or premises shall be used, arranged, designed or built except for the following:
a. A detached residence for a single family. A family consists of persons related by blood or marriage. Domestic servants may be housed on the premises while the family is present without being considered as a separate family or families. The term “family” shall not be construed to mean a fraternity, sorority, club, or institutional group.
b. Accessory uses incident to the above permitted uses are allowed, but shall not include the conduct of a business or industry or any driveway or walk giving access thereto.
c. A private garage on the same lot within the building to which it is accessory. Garages shall not be detached from the main residence. All structures must be included in one building. Garage space may be provided for two motor vehicles on any lot and may be provided for one additional motor vehicle for each 2,500 sq feet of any lot area by which such lot exceeds 8,000 sq feet. Only one commercial vehicle may be kept on any lot. No part of any suck garage shall be used for residential or business purposes.
d. Domestic employees of the owner, lessee or occupant may be housed in the principal building. No detached or separate employee’s quarters are permitted.
e. Inconspicuous equipment storage sheds, architecturally harmonious with the main building, may be erected on a dock, slip or boardwalk, subject to specific written approval by the Association.
3. HEIGHT – No building in these areas will exceed 35 feet in height as that measurement is defined and applied by the City of Destin in the issuance and enforcement of building permits for residential dwellings within its city limits.
4. YARDS – There shall be yards on each side of the building as follows:
a. Street Side: No building shall be erected, reconstructed or altered so as to project in any manner beyond a setback line which is 25 ft. from the County road right-of-way boundary.
b. Right Side: The minimum distance from the lot lines to the building shall be 15 feet.
c. Back Yards: the minimum distance from the rear lot line to the building shall be 15 feet. Lots abutting the water are exempt from this provision.
d. Left Side: The minimum distance from the lot line to the building shall be 15 feet.
e. Overhangs may extend not more than 4 feet beyond the setback lines.
5. LOT AREA – The minimum requirement shall be 8,000 sq. feet of lot area for each residence.
6. BUILDING SIZE – The enclosed heated and/or cooled residential living area of any building, exclusive of porches, balconies, sundecks and garages, shall be not less than 1,200 square feet.
PART C – MULTI-FAMILY AREA COVENANTS
1. The multi-family Residential Area Covenants in this part and General Covenants in Part E shall apply to the following blocks and lots:
Block C – Lots 15A through 19;
Block E – Lot 96
Block F – Lots 113 through 124
Residential Zone 7 – Lots 1 through 28.
All other areas zoned by the County of Okaloosa or other governmental body “residential Intensive Apartment” (RIA)
2. USES – Within the Multi-Family Residential Areas, no building, structure or premises shall be used, arranged or designed to be used in any part except for one or more of the following areas:
a. Duplex Residence Apartment
b. Triplex Residence Apartment
c. Townhouses
d. Apartment Houses
e. Condominiums
f. Uses permitted in Single Family Area, Part B.
3. Accessory uses as permitted in Single Family Residential Areas – Part B except as follows: Special permission may be granted for car covers to be built in conjunction with apartment houses and condominiums.
4. HEIGHT – No building shall exceed the greater of 75 feet or six stories of heated, cooled, and enclosed living area in height, height being measured from the general ground level of the graded lot or parcel. This height limit does not included antennas, water tanks, ventilators, chimneys, solar panels, TV satellite dishes or other appurtenances, usually required to be placed above roof level and not intended for human occupancy.
5. YARDS – There shall be yards on each side of the buildings as follows:
a. Side Street – NO building shall be erected, reconstructed or altered so as to project an any manner beyond a setback line which is 25 feet from the county road right-of-way boundary.
b. There shall be a right and left side setback of not less than 15 feet from the property line, except that where improvements are built upon contiguous lots owned by one person, the side yard setback shall be applicable only to the outside perimeter or boundaries of said lots in order to permit construction across lot lines.
c. Back Yard – The minimum distance from the lot line to the building shall be 15 feet. Lots abutting the water are exempt from this provision.
6. MINIMUM LIVING AREA - The heated, cooled and enclosed residential living area of multi-family units, exclusive of porches, balconies, sundecks and garages shall be not less that 700 square feet per unit.
PART D – BEACHES, ACCESS WAYS AND CANALS
1. The Association shall exercise control over and be responsible for maintenance and uses of all Holiday Isle beaches, access ways and canals.
2. USES – Within any Holiday Isle beach or access way, no building, structure or premises shall be used except for recreational purposes by Holiday Isle residents and their guests.

3. BEACH PROTECTION – No sand or soil shall be disturbed beyond the seaside of the sand dunes crest facing the Gulf of Mexico without the written permission of the Association as to the use and under no circumstances shall they be altered or tampered with or built upon without the written consent of the Association.
PART E – GENERAL COVENANTS AND RESTRICTIONS
1. BUILDING PERMITS – No building, structure or any improvement shall be placed, erected or altered on any lot, property or area on Holiday Isle until a building permit has been obtained from the Association. Issuance of a building permit will be subject to approval of building plans, specifications and plot plan by the Association. Approval will include review as to the conformity and harmony of the external and structural design and quality with existing structures on Holiday Isle. Building permit fees will be as follows: $10.00 up to and including $10,000 building cost plus 50 cents for each additional $1,000 cost. Fee for permit must be paid in full prior to its issuance; and permit must be obtained prior to any construction or site preparation.
2. HEALTH, SANITATION AND CLEANLINESS
a. Lessees/owners shall be bound by and shall strictly observe all rules and regulations established by the Association, the State Board of Health and any other governmental authority or agency relating to health, sanitation, safety and public welfare.
b. No sewage, wastes, trash or debris shall be emptied or discharged into any lagoon, lake, body of water, or canal or into the waters of the Old Pass Lagoon or the Gulf of Mexico or any tributaries thereof. This includes swimming pool overflow and emptying.
c. Each lessee/owner shall keep improvements on his or her property in good repair, properly painted and clean and sanitary at all times; and shall also keep the premises free from trash, debris, and obstructions. At such times as the premises are occupied, each lessee/owner shall be responsible for obtaining frequent and regular trash and garbage removal. Each lessee/owner shall keep all surrounding areas, including streets, beaches and neighboring lots, free from trash, debris and obstructions that may be de to the lessee’s use or occupancy of the premises.
d. There shall not be erected, constructed, suffered, permitted, committed, maintained, used or operated on any part of Holiday Isle any nuisance of any kind or character, or any illegal, offensive or obnoxious trade, business or operations of any kind.

3. BUILDING AND OTHER IMPROVEMENTS
a. No building, fence, wall, walk, driveway, roadway, planting, parking area, pier, dock, seawall, boatslip or other structures shall be commenced or altered until plans and specifications for same have been approved by the Association. Plans and specifications must show the nature, kind, shape, height, materials, floor plans, type of foundation, structural design, color scheme and location of each structure or work to be done and shall include the grading and planting plan.
b. The Association shall have the right to disapprove of any such plans for failure to comply with the provisions of these Protective Covenants and Restrictions or for aesthetic or other reasons.
c. Lessee/owners are responsible for insuring that buildings, structures and improvements of every kind erected or maintained and all alterations and additions thereto on Holiday Isle shall conform to the current Southern Standard Building Code. The Association is not responsible for enforcing the rules, regulations or building codes of any level of government; however, certificates of compliance will be required prior to the issuance of a building permit by the Association.
d. A building permit issued by the Association shall be effective for the period of time stated herein. If construction is commenced within such period, any changes by the Association in its requirements regarding such construction subsequent to the date of the permit shall not apply to said construction without the consent of the holder of the building permit.
e. No docks or piers shall extend more than six (6) feet beyond the property line into the canals. Docks and piers to be constructed into the Old Pass Lagoon, East Pass Channel or Gulf of Mexico require permits from City, State and/or federal agencies, as appropriate. Required permits shall be obtained in all cases.
f. No well shall be sunk without the prior consent of the Association.
g. Fences or walls not more than four (4) feet high, consisting of material approved by the Association, may be erected in any single family residential area. This fence height restriction does not apply to fences around tennis courts, in-ground swimming pools or utility equipment such as air conditioning installations. Specific written approval of the Association is required prior to the construction of any of the above special-purposes fences.
h. All buildings built on columns, pilings or posts shall be covered or enclosed to the first living level. This does not apply to condominiums where the ground level under the building is used for parking or engineering facilities.
i. No lot may be reduced in area so that the yards and open spaces are smaller than prescribed herein. No yard, court or open space about any building shall again be used as a yard, court or open space for any other building.
j. No individual lot can be subdivided or combined in groups with other lots, even if they otherwise meet all requirements of the Protective Covenants, without special written approval of the Association.
4. RESERVATION OF EASEMENTS – An easement and right-of-way is hereby expressly reserved in or under and over a strip five (5) feet in width along rear lines of all lots and left side of every third lot for the erection, construction and maintenance of underground pipes and conduits, poles and wires and clearing of trees and pruning branches, and for the construction, and maintenance of all proper and necessary attachments for electrical lights, power and telephone service and for the construction and maintenance of storm water drains, land drains, sanitary sewers, pipelines for supplying gas and water for the construction and maintenance of any other public or quasi-public utility.
5. The Association shall have the right to enter and to permit others to enter upon said reserved strips of land. This easement and right-of-way shall not apply to portions of said areas to which The Association shall have expressly consented in writing to a conflicting use.
6. MISCELLANEOUS REGULATIONS – The invalidation of any one of the amended Protective Covenants and Restrictions at the time of the violation shall in no way affect any of the other Protective Covenants and Restrictions nor be deemed a waiver of the right to enforce the same hereunder, which shall remain in full force and effect.
7. UNSIGHTLY PROPERTY – Undesirable growths, unsightly or obnoxious things and unlicensed, improperly licensed or non-operational vehicles, boats, trailers and similar personal property shall be ordered removed by the Association.
8. SIGNS – No signs of any character shall be erected, pasted, posted or displayed upon or about any lot or parcel or anywhere on Holiday Isle with the following exceptions:
a. For Rent or For Sale signs for property which do not exceed two (2) feet square in area may be displayed on single family residential property.
b. Signs designating the name and street address of townhouses, apartment houses and condominiums may be displayed providing that the size and design have been approved in advance by the Association.
Sales promotion signs may be displayed on triplex and larger structures during construction and initial sell-out. Such signs must be removed no later than fifteen (15) days after completion of the initial sell-out.
9. OFF-STREET PARKING
a. A minimum of two (2) parking spaces shall be provided for each residential unit
(9’ x 19’ per space).
b. Lessees/owners shall provide off-street parking for workers and delivery vehicles during construction.
c. Appropriate off-street parking shall be provided in those cases where docks or boat slips have been put into use prior to construction of the residential unit.
10. SOIL STABILIZATION
a. Immediately upon acquiring a lease or fee simple title, each lessee/owner shall immediately take all necessary steps for stabilization of sand, soil, rocks, shells and other surface material and shall prevent the same from leaching into the canals, adjoining property or onto rights-of-way.
b. Each stabilization plan must have the prior written approval of the Association.
c. Topsoil may be used in conjunction with landscaping and gardening provided it is contained against seeping or leeching into adjacent property or waters.
d. Sand (soil) may not be moved from one property to another on Holiday Isle without the written permission of the Association nor may it be removed from Holiday Isle or sold without the written specific permission of its owner.
e. No excavation except such as is necessary for the construction of improvements shall be permitted nor any holes dug except as set out herein.
11. PET AND ANIMALS – No livestock, animals (other than dogs and cats), chickens or fowl or of any kind are permitted on Holiday Isle. Dogs and cats owned as personal pets are not permitted on the beaches and are permitted elsewhere on Holiday Isle only when securely fenced or leased.

12. TEMPORARY STRUCTURES – Self-propelled recreational vehicles may be kept on Holiday Isle and boats may be kept in the canals of Holiday Isle, but such recreational vehicles and boats shall not be used as living quarters. Towed trailers, houseboats or other temporary structures may be authorized temporarily by the Association in connection with on-going construction. Such authorization must be obtained in writing from the Association.
13. MOBILE HOMES – No mobile homes or prefabricated modular single family homes are permitted anywhere on Holiday Isle.
14. RIGHTS TO PRESCRIBE OTHER COVENANTS AND RESTRICTIONS -
a. The Association reserves the right to prescribe, amend or revoke these Covenants and Restrictions with the approval of the majority of votes cast by leaseholders/owners who are voting members of the Association. Each lot, townhouse unit, condominium unit or parcel shall constitute one vote for this purpose.
b. The Association reserves unto itself, the following: the right to reasonable restrict the use of Holiday Isle beaches, access ways and Holiday Isle easements.
15. PENALTIES AND REMEDIES –
a. If a leaseholder/owner of any property on Holiday Isle or their heirs or assigns shall violate any of the Protective Covenants set out herein, it shall be lawful for the Association, or any person or corporation being a leaseholder/owner situated on Holiday Isle to prosecute any proceedings at law or in equity against the person, persons or corporations violating any of such Protective Covenants and Restrictions and either to prevent them from so doing or to recover damages for such violation or both, including reasonable attorneys’ fees and court costs incurred.
b. Fines may be levied as set-out in the By-Laws of Holiday Isle Improvement Association, Inc.
c. If any leaseholder/owner of any property subject to these Protective Covenants and Restrictions shall fail or refuse to take any action required by the Association which in its discretion is necessary for the general health, safety, welfare, sanitation of persons or property on Holiday Isle or the cleanliness, orderly appearance or soil stablization of any of a specific property on Holiday Isle, the Association may, after giving thirty (30) days written notice to the offender, take the required action as specified in the notice and charge the expense of same to said lessee/owner. If the services of an attorney are required to collect any of said expense, said lessee/owner shall be responsible for the payment of all reasonable attorneys’ fees, expenses and costs incurred. If litigation is initiated, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. The remedy set out in this subparagraph is in addition to, and not in lieu of, any other remedies provided herein.
16. MINIMUM RENTAL – No single or multi-family may be rented for less than three days.
17. BUSINESSES – No business of any kind shall be operated on Holiday Isle with the exception of Home Occupations. To qualify as a Home Occupation, compliance with the following conditions is required:
a. No person other than members of the family residing on the premises shall be engaged in such occupation.
b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the principal building.
d. No home occupation shall be conducted in any accessory building.
e. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood. All parking generated by the conduct of such home occupation shall be off the street right of way.
f. No equipment or process shall be used in such home occupation which creates a noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses outside the boundaries of the residential property. No equipment or process shallbe used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage of the premises.
18. ANNUAL DUES ASSESSMENT – In addition to any other financial obligations of lessees/owners of property subject to these Protective Covenants and Restrictions, including the obligation to pay the annual lease assessment which is required by a sublease or other document evidencing a transfer of title, an annual dues assessment of $100.00 for each single family residential lot and $75.00 for each unit in a multi-family structure shall be paid by the lessee or owner thereof to the Association. The notice and collection of this annual dues assessment shall be in accordance with such procedures as may be adopted by the Board of Directors. In the event of default in the payment of any assessment owed to the Association,

interest shall accrue on such delinquent assessment at the highest rate allowed by law from its due date and the Association shall be entitled to recover all costs incurred in collecting such assessment, interest thereon and late fees, including a reasonable attorney’s fee, whether suit be brought or not.

(See Book 2243, Pages 3551-3563, inclusive, of the public records of Okaloosa County, Florida, for the recorded copy of this document).

AMENDMENT TO AMENDED
HOLIDAY ISLE PROTECTIVE COVENANTS AND RESTRICTIONS

The Amended Holiday Isle Protective Covenants and Restrictions, recorded in Book 1291, Pages 1562-1568 of the official records of Okaloosa County, Florida, are hereby amended as follows:
Part E. 18. A total annual assessment in the amount of $200.00 for each single family residential lot and $150.00 for each unit in a multi-family structure shall be paid by the sub-lessee or owner thereof to the Association. The notice and collection of this annual assessment shall be in accordance with such procedures as may be adopted by the Board of Directors of the Association.

(Part E. Item 18 is new it its entirety).

The above amendment was approved by a majority of the votes cast by leaseholders or owners who are voting members of Holiday Isle Improvement Association, Inc., as required by Section 14. of said Amended Holiday Isle Protective Covenants and Restrictions.
Executed by the undersigned on this 23rd day of October, 1997.
HOLIDAY ISLE IMPROVEMENT
ASSOCIATION, INC.

WITNESSES: By: __________________________
Frank Copeland, President
______________________
Name: Patricia K. Mullins

___________________________
Name: Raymond F. Newman, Jr.

CERTIFICATE OF AMENDMENT

THE UNDERSIGNED, being the duly elected and acting President of Holiday Isle Improvement Association, Inc., a Florida corporation not for profit 920 Highway 98 East, Destin, FL 32541, does hereby certify that the attached Amended and Restated Holiday Isle Protective Covenants and Restrictions, was proposed and adopted by the Board of Directors of Holiday Isle Improvement Association on December 7, 1999, and approved by a majority of the votes cast by leaseholders or owners who are voting members of Holiday Isle Improvement Association, Inc., on March 7, 2000, at a duly noticed special meeting of the owners called for such purpose.

____________________________ HOLIDAY ISLE IMPROVEMENT
Witness ASSOCIATION, INC.

_____________________________ By: _______________________
Witness Dooley Culbertson
President

STATE OF FLORIDA
COUNTY OF OKALOOSA

Before me, the undersigned authority, appeared Dooley Culbertson, to me personally known and known to be the President of Holiday Isle Improvement Association, Inc., a Florida non-profit corporation, and he acknowledged to and before me that he executed the foregoing Certificate of Amendment for the uses and purposes therein stated.

WITNESS my hand and official seal this14 day of March, 2000.

___________________________
NOTARY PUBLIC

This instrument prepared by:

Raymond F. Newman, Jr.
Becker & Poliakoff, PA
348 Miracle Strip Parkway, SW-Suite 7
Ft. Walton Beach, FL 32548