A. Article II, Section 2 & Article IV, Section 2: Landlords/Tenants: Owners may rent homes but are responsible for tenants to follow the HOA Rules. Tenants’ information must be completed and submitted at time of rental (see enclosed). Home Sellers/Owners are required to provide the deed restrictions at lease signing or before closing. Copies of CC&R’s and bylaws can be retrieved from www.fairwaymgmt.com. Per FL Statute 720.3085, if an owner has a tenant and the owner is in arrears on his HOA fees, the Association can demand payment directly from the tenant and the tenant would have to comply with no penalty to the tenant by the owner.
B. Article IV, Section 2: Owner’s Responsibility: All owners and tenants must keep the house, driveway, and sidewalks, etc. clean and in good repair. Surfaces of sidewalks, driveways, walkways, houses, porches, pools, pool deck, fences, etc. shall be continuously kept clean, free of mold, dirt, stains, etc. Screens on the windows as well as front porch enclosures, back patio/lanai and pool enclosures must be kept in good repair. Missing screens or enclosure framing or doors must be present and in good repair. Sidewalks in front of your property that are lifted, broken, etc. shall be reported for repair to Brevard County Road and Bridge (321-255-4310) by the homeowner/tenant of the property affected. Please report Common Area sidewalk issues to Fairway Management at 321-777-7575 or email firstname.lastname@example.org.
C. Article V, Section 2: Landscaping: Landscaping must be maintained in good, aesthetically pleasing condition at all times. ALL changes, additions or removal of landscaping requires prior written approval of the MRC. Clarification of maintenance (a.k.a "COM") includes but is not limited to: mowing, edging (along all sidewalks, driveway, walkways and street gutters (no runners into street gutters or over sidewalks, driveways, etc.), weed eating (along all landscaping, sides of house, etc); trimming of trees, shrubs, etc to a reasonable height/width that does not cover the windows and is aesthetically pleasing; cleaning up of loose grass/clippings without blowing onto street or neighboring properties or into the lakes, etc.; mowing, edging, weed eating, blowing off/removal of grass clippings in the "growing season" (April, May, June, July, August, September and October), shall be done no less than weekly and in the remaining months, November December January, February, March, shall be every two weeks: weed maintenance of all beds, concrete breaks, yards, etc.; weeds/grass growing out from fences are the fence owner’s regular and consistent maintenance responsibility. No trees or other plantings can be planted between the street and the sidewalk however any previously planted street trees shall be kept trimmed so that they are a height that does not touch any vehicle in the street or hang low over the sidewalk to interfere with clear passage for pedestrians, bike riders, etc.; leaves and other tree debris must be maintained regularly to keep yards, driveways, sidewalks and street free of tree debris. Determination of adequate maintenance is at the sole discretion of the Association BOD and/or MRC in accordance with this COM. Residents who trim their own trees, shrubs, etc must keep trimmings on their own driveways and call Waste Mgmt for a special pick up if it does not fit in a WM compliant container. All contractor trimmed trees, shrubs, etc must be immediately removed from the premises by the contractor per Brevard County Code of Ordinances.
D. Article V, Section 3: Vehicles and Repair. No inoperative cars, motorcycles, trucks or other types of vehicles shall be allowed to remain for over 48 hrs. unless in one’s garage.
E. Article V, Section 19: Motorized Vehicles. Motorized vehicles are not permitted on sidewalks, pathways or Common Areas.
F. Article V, Section 4: Storage: No items can be stored outside within view other than in a garage or within one’s residence. No exterior storage containers, storage buildings or sheds are permitted on any property.
G. Article V, Section 7: Signs. No signs of any kind are allowed except one standard real estate type “For Sale” or “For Rent” sign in the yard.
H. Article V, Section 8 & Article V, Section 16: Parking/Garages/Enforcement. Parking is permitted only in the driveway and/or garage of your own property. Cars shall not obstruct a walkway/sidewalk. No commercial or oversized/modified vehicles are permitted anywhere in this development. No work vehicles or vehicles with any business/work type components, logos, signage, advertisements, etc. are permitted to be parked in Hammock Lakes unless enclosed within the garage out of view. No RVs, boats, trailers, modified pick-up trucks, SUVs or Vans are permitted to be parked outside of a closed garage. RVs, boats, trailers, and modified pick-up trucks are not permitted to be parked outside of a closed garage. However, unmodified SUVs & family/passenger Vans are allowed to be parked in driveways.
I. Article V, Section 9: Animals and Pets. Homeowners must control their pets at all times. Dogs and cats must be leashed. The pet owner must remove all waste caused by the pet including in their own yard. Brevard County Animal Services (BCAS) handles all animal complaints (321) 633-2024. Breed types and numbers of pets permitted is per BCAS.
J. Article V, Section 10: Nuisance. No activity or annoyance is permitted that will cause your property or the HOA property to look unclean, unkempt, unsightly, unhealthy, malodorous, or that which interferes with the peace, quiet, safety, comfort, serenity of other residents. No illegal or offensive activity is permitted.
K. Article V, Section 11: Antennas, Satellite Dishes. Exterior television or radio antennas, aerials or satellite dishes are prohibited. There are exceptions, but plans need to be submitted to MRC for approval.
L. Article V, Section 12: Clotheslines, Garbage Cans, Tanks and External Equipment. Clotheslines, garbage cans, above-ground tanks, air-conditioning compressors, pool pumps & other similar items of external equipment must be kept out of sight, in the garage or screened by shrub hedge or shadow-box enclosures (requires MRC approval). Garbage containers are provided by Waste Mgmt. to every homeowner. If need be, call them directly (321) 636-6894. Pick up is every Monday A.M. (trash/recyclables/lawn waste) and Thursday (Trash only). Holiday Schedule for curbside collection of unincorporated (this includes Hammock Lakes) areas. Garbage cans and other waste containers shall not be put out for pick up until the evening before the day of pick up and shall be properly stored from view in the garage or behind a compliant approved screening by the evening of the day of pick up. In addition, yard waste and all garbage cans must placed on the driveway apron, not in the street or on the grass. Waste Management DOES NOT PICK UP on the following specified Holidays so please do not put out your yard trash, garbage cans or recycle cans on these holidays:
· Memorial Day
· Veteran’s Day
· Christmas Day
· Fourth of July
· Thanksgiving Day
There will be no make-up days. For further information, please go to the website: www.wm.com.
M. Article V, Section 13: Swimming Pools. In-ground pools are allowed and subject to prior written approval of the MRC and applicable County and State Regulations. No above ground pools are permitted.
N. Article V, Section 14: Tents, Trailers & Temporary structures. No tents, trailers, or temporary structures are permitted. Prior written approval is required for changes: additions, fences, driveways, gutters, generators, hurricane shutters, porches, screen enclosures, etc. No aluminum or composite aluminum roofs are permitted.
O. Article V, Section 16: Lakes, Ponds, Retention and Other Water Areas: Catch and release fishing in lakes is permitted behind your own home only. You may not walk behind other people’s homes to fish or for any other activity without permission from the homeowner. Also prohibited: sailing, boating, swimming, fishing or other water sports/activities. Living on a lake lot requires you to mow and maintain to the water’s edge. No landscaping or other items can be planted or placed beyond your ownproperty line.
P. Article V, Section 17: Wall and Fences: All fences require prior written approval by the MRC. No fences are permitted on any lake lots.
1. Exterior Painting and roofs: Approval must be obtained, in advance, by the MRC. The home and roof colors must conform to the approved color palette which is available at the Fairway Management Office.
2. Changes, additions or removals: All changes, additions, removals to the house, property or landscaping require prior written approval from the MRC. When in doubt, call Fairway Management at 321-777-7575 or email email@example.com.
3. Enforcement. Failure to comply with the requirements of our HOA following a 10 day notice, the HOA has the right to enter the property without being guilty of trespassing, for the purpose of curing or eliminating a violation, all at the sole expense of the owner. Fines can also be assessed, as well as, any other remedies permitted by law.
4. HOA Fees: They must be paid because they pay for all the common areas of this development such as: the entrance areas, tot park and back field. Members of the Board of Directors and their committees are, by law, Volunteers and are not compensated. Assessments also cover any services the Board may contract, to help with the affairs of the Association. You are mailed two statements each year in January (Viera East Community Association and Hammock Lakes Homeowner’s Association). A late fee of $25 will be added to any overdue assessment. Continued non-payment may lead to a lien being placed against your property. Other legal action may also be taken, and other fees, such as interest charges and legal fees will be included.
5. Word to the Wise: Due to unintended inaccuracies by others, it is strongly recommended/encouraged that you not rely on what you see or hear or to just assume something is allowed. Seek your own approvals and information directly from the HOA.
Hammock Lakes is a DEED RESTRICTED COMMUNITY. Deed Restrictionsare a set of rules that determine the uses of a particular property. These restrictions cover many uses of a property including landscaping, parking, property modifications and noise. All Homeowners must agree to the restrictions before the sale of the home is completed. Homeowners and their tenants are bound by the restrictions and rules of the HOA. This Agreement is considered a legally binding document. We are governed and must conform to the District Declaration, Bylaws, Articles of Incorporation, Community Declaration, bylaws and articles of incorporation of the Community Association. We must comply with rules & regulations promulgated by the Master Association, Viera East Community Association and the District Association, Hammock Lakes District Association. These pages provide general answers to questions posed by residents of Hammock Lakes and are intended as a guide for the convenience of our residents. It is not intended to change, contradict, or replace, etc. the language in the community CC&R’s or bylaws and must not be construed as such. In all cases, except where prohibited by law, language in governing documents prevails. Preceding each item is the Article and Section that you will find the provisions written (in their entirety) in the Declaration. You are strongly encouraged to read and understand the full Hammock Lakes Declaration of Covenants, Conditions, Easements, Reservations and Restrictions (a.k.a., CC&Rs).
MRC: Modification Review Committee
ARC: Architectural Review Committee (AKA: MRC)
HOA: Home Owners Association
CC&R: Covenants, Conditions & Restrictions
When in doubt, call Fairway Management: (321) 777-7575 or email firstname.lastname@example.org.
1331 Bedford Drive, Melbourne (behind the Baytree CVS Pharmacy).