The Notorious “Buffer Restriction” #3

I ask the Chair of the Buffer Ad-Hoc Committee, the Committee Members and the Owners/Members to consider the following:

Declaration of Restrictions
Article VIII – Building Control
Section 1:
“Refusal of approval of plans and specifications, location and plot plan, by the club may be on any ground, including purely aesthetic grounds, in the sole and absolute discretion of the club.”

Section 2:
“The plans and specifications shall contain a plot plan with adequate provision for landscaping, including the planting of trees and shrubs and the preservation of uncleared, natural areas.”
“Landscaping as required shall be completed at the time of completion of the building, as evidenced by the issuance of a certificate of occupancy by Okeechobee County

In this last paragraph, the Club granted the Policing and the Approval of the landscaping and “buffer” to the Okeechobee county.

The Certificate of Occupation issued by Okeechobee County is the Owner’s proof that the Owner fulfills all of his/her Obligations to the Club in regard to Landscaping and Buffers, as done by the certificate date.

As per Article VIII; The BOD has a lot of power and authority to enforce Landscaping Plans, but only in the early stage when the Owner/Member submits his/her Building application package for approval.

After the Building application package is approved by the club, with or without any of “the good stuff”, it is a “done deal”.

The BOD has no Authority to say: “We don’t like your Landscaping and Buffer, as done on the date of your Certificate of Occupation, and now you need you to redo it”.

The BOD can’t change Article VIII of the Declaration of Restrictions “on the fly” and “at-will” whenever it wishes to.

Having a discussion about “what plants should be included, how large they should be, how they should be placed, how many plants should be replaced, etc.” and submit “recommendations” to the BOD, is practically suggesting Rewriting/Amending the Declaration of Restrictions which describes in length how the Landscaping including the Buffer is handled.

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