This argument is NOT about if “25’ Buffer” is good or bad Idea.
This argument is about is there is an enforceable “25 Buffer” in Indian Hammock or not.
The assumption of an enforceable “25’ Buffer” is based on Rule 11 in the Book of Rules.
Rule number 11 says:
11.1 The Club’s Land Clearing, Landscaping and Building Guidelines, adopted as Rules regulating clearing and construction by the Board August 19, 2007, are incorporated herein by reference as a rule.
I was told that Rule 11 was voted on by the BOD and added to the Book of Rules in 2010.
I was told that the current version of the Land-clearing/Landscaping packet is identical to the August 19, 2007 version.
Page one of the Land-clearing/Landscaping packet contains the following statement:
“…The land-clearing/landscape packet was produced in accordance with the Declaration of Restrictions of Indian Hammock…”
This statement is not true.
Rule 11 and the Land-clearing/Landscaping packet are in violation to the Declaration of Restrictions.
The Land-clearing/Landscaping packet violates the Declaration of Restrictions in the following two paragraphs:
On page 3 paragraph 8. – the land-clearing/landscape packet says:
“A natural buffer of twenty-five feet must be left around all property lines. Property lines that have a utility easement in use should have a natural buffer of twenty-five feet beyond the easement.”
On page 4 paragraph 1. – the land-clearing/landscape packet says:
“…A buffer of twenty-five feet must be left around all property lines. Property lines that have a utility easement in use should have a natural buffer of twenty-five feet beyond the easement. It is the responsibility of the land owner/Member to ensure these buffer zones are kept intact during clearing. Fines and/or the requirement to replace the vegetation can be imposed. Should this area be void of vegetation on your lot, additional landscaping material may be needed. It is preferable that this be the natural vegetation of Indian Hammock. If a fence is proposed, this buffer should work to complement the design of the fence.”
These two paragraphs must be rephrased to what they used to be, a guideline of what is desirable, not to be stated as if they are the “Law of the Land”
The Declaration of Restrictions does not contain a Deed Restriction that takes away the Owner’s Rights, or controls the vegetation in the “25’ Buffer” and gives this control to the BOD.
The Declaration of Restrictions already has a Deed Restriction that covers the Owner’s land near the lot’s boundaries; it is the 50’ No Build Zone.
Article VIII Section 3 says:
“No building shall be erected on any Residential lot closer than 50 feet to the front, side or rear lot line thereof…”
Nowhere in the Declaration of Restrictions is a “25’ Buffer” incorporated into the 50’ No Build Zone.
A 25’ Buffer Zone with vegetation restrictions can only be added to the Declaration of Restrictions by amending the Declaration of Restrictions, requiring a 2/3 majority vote of all Owners/Members
For more about Restrictions, Rules, and What is this fight about: