Each lot is intended for one single-family dwelling unit. No lot may be subdivided. No commercial enterprise of any sort shall be located on any tract. The Developer reserves the right to maintain an office on the property for sales, administration, or closing purposes. The Board of Directors may establish Rules and Regulations for use of Common Areas.
All lots must be kept clean and orderly at all times. Required maintenance includes:
- Prompt removal of litter, trash, and waste in covered containers screened from view
- Lawn mowing and tree/shrub pruning (outside natural vegetation areas)
- Keeping exterior lighting and mechanical facilities in working order
- Maintaining lawn and garden areas free of weeds
- Keeping parking areas, walkways, and driveways in good repair
- Complying with all government health and policy requirements
- Repainting and repairing exterior improvements as needed
No junk yards, auto repair, second-hand businesses, or commercial uses that create negative visual impact, excessive noise, or traffic congestion are permitted. No storage of RVs, trucks, cars, buses, machinery, equipment, or building materials unless enclosed in a proper structure or landscaped so as not to be visible from adjoining lots or roadways. Inoperable vehicles may not remain on the property more than 30 days.
No camping is allowed on unimproved lots on Seacoast Way. On all other unimproved lots, camping is allowed for a maximum of 7 days, 4 times per year.
Hunting is prohibited anywhere within the Subdivision.
No farm animals or livestock are allowed, except for 2 chickens per acre. Commercial raising or feeding of animals or poultry is prohibited. Domestic animals are permitted but must not create a nuisance and must be physically confined to the owner's property or kept on a leash at all times.
An owner of adjoining lots may, with prior written approval of the ACC, consolidate lots into one building site. Side setback lines along common lot lines shall be eliminated and measured from the resulting side property lines. Utility Easements along common lot lines shall also be eliminated upon approval, provided they are not in use. Such composite sites are still counted as 1.5 lots for Maintenance Charge purposes.
No mobile home shall be situated on any lot, permanently or otherwise. Modular homes, log homes, and barndominiums are allowed with ACC approval.
RVs may not be used as a permanent residence. They may be used as a temporary residence during construction of a primary home on the same parcel, subject to Walton County Code: only one RV per parcel; an active building permit must be in place; permits are valid for one (1) year; RV use must cease within 14 days of the first certificate of occupancy for the primary structure.
Docks and piers are allowed with appropriate approvals from all state and local authorities. All docks and piers must be approved in writing by the ACC prior to being erected. They may be constructed before the primary residence if all required approvals are obtained.
Member Easements: Every lot owner has a non-exclusive permanent easement over all Rights of Way in the Plat for ingress and egress.
Utility Easements: The Developer reserves the right to grant or create easements for access, utilities, pipelines, cable television, communications, drainage, water, and other purposes. No building, pool, or other structure may be located over, under, upon, or across any Utility Easement. Owners may construct concrete drives, walkways, and fences across Utility Easements at their own risk and are responsible for all repairs and any damage caused by utility providers.
No “for sale” signs may be placed on unimproved lots until after the Transition Date. Address signs identifying the address and/or owner are allowed but may not exceed 4 square feet. All signs must conform to Walton County laws and ordinances.
All lots are to be serviced by The City of Defuniak water system. The owner is responsible for all costs, including any tap fee and ongoing fees for water use.
- § 1.13 No Outside Toilets: No outside, open, or pit-type toilets are permitted.
- § 1.14 Utility Lines: All utility lines to any residence or outbuilding must be placed underground beginning at the point where they enter the parcel, unless prior written approval is received for above-ground lines due to topographic constraints.
- § 1.15 Storage, Parking & Repairs: Campers, trailers, boats, boat trailers, travel trailers, motor homes, and recreational vehicles may not be stored on any parcel unless stored in an approved garage or outbuilding, or kept from view of all roads and neighboring properties. No repairs or maintenance within 25 feet of parcel boundary lines or adjacent to roadways.
- § 1.16 Antennas & Generators: Placement of antennas, satellite dishes, and power generators requires ACC approval prior to installation. Turbine wind generators are prohibited.
The Association is responsible for maintaining all Common Areas and regulating their use, including maintaining in a safe and unobstructed manner the drainage easement along the rear property boundaries.
No activity for profit or otherwise that is not related to single-family residential occupation shall be conducted on any tract, unless: (a) no exterior sign is present, (b) no additional traffic is created, and (c) no toxic substances are stored on the property. Home offices complying with these criteria are permitted.
The unusual, unnecessary, prolonged, or indiscriminate creation of noise, dust, fumes, odors, or any other offensive activity is prohibited, including but not limited to road racing, loud music, and gunfire.
A Property Owners Association (the “Association”) is hereby created, made up of the owners of all lots in the Subdivision. Every person who is a record owner of any lot subject to Maintenance Charges is a “Member.” There is one membership per lot. Upon the Transition Date, owners may elect a Board of Directors of up to 5 members (minimum 3) with 3 alternates.
The initial annual assessment is $1,200.00 per lot, due on or before February 10th of each calendar year. A late fee of 15% applies to any unpaid charges. The Association may bring legal action or foreclose a lien against the owner's lot for non-payment.
At closing, each lot owner pays a $500 Capital Contribution Fee to the HOA for infrastructure maintenance. This fee applies only to the first sale by the developer — not to resales.
The ACC reviews all plans and materials for construction within the Subdivision. Until the Transition Date, the Developer fills the ACC role. After the Transition Date, the Board appoints an ACC of three or more individuals.
- § 2.4 No Construction Without Review: No building, fence, wall, dock, pool, or other structure may be commenced until plans have been submitted to and approved in writing by the ACC.
- § 2.5 Damage Deposit: Each ACC applicant must post a $2,500 bond or cash payment to the POA for potential road and drainage repairs caused by construction workers. Unused funds are returned upon project completion.
- § 2.6 Failure to Timely Approve: If the ACC fails to approve or reject plans within 45 days of submission, approval is deemed granted.
- § 2.7 Enforcement: The Association may enforce compliance by entry upon property, legal action, exclusion from recreational facilities (up to 60 days), suspension of voting rights (up to 60 days), levying fines, and taking corrective action at the violating member's expense.
- Voting: One (1) vote per owner per lot. The Developer has ten (10) votes for each lot owned prior to the Transition Date.
- Quorum: 40% of members entitled to vote must be represented (in person or absentee ballot).
- Transition Meeting: The Developer shall call a meeting with at least 30 days notice to turn over control to the Members. A 35% quorum is required. Members then elect a Board of 3–5 Directors.
No building or other improvements may be erected, placed, or altered on any lot without first obtaining ACC approval. Applications must be accompanied by two (2) sets of professionally drawn plans and specifications, including drainage plans, plot plans, and dimensions of all proposed walkways and driveways.
- Minimum 440 square feet of total living (under air) area, exclusive of garages and porches
- Construction must be completed within one (1) year from the commencement date
- Allowed types: single family site-built, site-assembled Modular homes (to Florida Building Code), barndominiums, or cabins
- Dwellings must be earth tone or neutral colors
- No vinyl, aluminum, or vertical siding
Street-adjacent boundary lines: 20 feet from the boundary line, or outside any easement running along such lines (whichever is greater).
Non-street boundary lines: 7.5 feet from the boundary line, or outside any easement (whichever is greater).
Detached garages, workshops, and sheds are allowed in compliance with Walton County Land Development Code, Chapter 2.02, Sections 1–3. All must be approved in writing by the ACC prior to being erected, altered, or placed on the property.
One ADU is permitted per residential lot, not to exceed 800 square feet of heated and cooled area. The ADU must match the primary home's materials and colors and may not be used for commercial short-term vacation rental.
- § 3.6 Sewage: Every dwelling must have an individual sewage disposal system meeting State and County health regulations. Aerobic septic systems are required for all dwellings in the Subdivision.
- § 3.7 Fences: Fences on waterfront lots must not obstruct the view of neighboring lots. No barbed wire or chain link fences, except that chain link may be used for an ACC-approved kennel or dog run. All fences must be in harmony with ACC guidelines.
- § 3.8 Vegetated Natural Buffer (VNB): The VNB (extending from the wetland buffer next to Lot 26, shown on Exhibit B) must remain undeveloped and undisturbed in perpetuity. No construction, development, or improvement of any kind is allowed within the VNB.
- § 3.9 Impervious Surface Area: Lots 1–45, 54, 55, and 56 — maximum 30% impervious surface. Lots 46–53 and 57–68 — maximum 20%.
- § 3.9 Driveways: All lots must have a driveway from the adjacent street to the residential dwelling. Shared Driveway Lots carry reciprocal access easements; costs are split equally (50/50) between adjoining lot owners.
The Developer reserves the right to annex additional property into the Subdivision at any time without the consent of any other owner. Additional property may be annexed by recording an amendment to Exhibit “A.” Annexed property becomes fully subject to this Declaration.
The Developer reserves the right, at its sole option and without consent of any owner or the Board, to remove one or more portions or parcels from the effect of this Declaration, provided the portion to be removed is owned by the Declarant or the owner executes an approving instrument, and provided that such removal does not deprive other owners of necessary easements or rights-of-way.
- § 6.1 Enforcement by Declarant: The Declarant has the right to enforce all restrictions by any proceeding at law or in equity. Failure to enforce does not waive the right to enforce later.
- § 6.2 Covenants Run with the Land: These covenants bind the land and all current and future owners, their heirs, successors, and assigns.
- § 6.3 Severance: If any restriction is invalidated by court order, all remaining restrictions stay in full force and effect.
- § 6.4 Correction of Errors: Prior to the Transition Date, the Developer may amend the Declaration to correct typographical or grammatical errors, oversights, or inconsistencies without consent of any owner.
- § 6.5 Variances: While the Developer controls the Association, it may grant variances to any restriction. After the Transition Date, variances require a unanimous Board vote or a 45% quorum with a 2/3 majority member vote. Any variance must be recorded in the Jackson County Clerk's Office.
- § 6.6 Terms of Covenants: These provisions are binding on all owners for 40 years from the date of recording, then auto-renew for successive 10-year periods unless canceled by a recorded instrument signed by at least two-thirds (2/3) of then-current lot owners.
- § 6.7 Amendment: No section may be amended in a way that negates the rights reserved by the Declarant. Prior to the Transition Date, the Declarant may amend, restate, or repeal any provision without owner approval. After the Transition Date, the Declarant may still amend to correct inconsistencies, annex or de-annex property, or comply with law.