Core rules12
Occupancy / age restrictions
Restricted
The community is designated for persons 55 years of age or older, requiring at least 80% of dwellings to be occupied by at least one person 55 or older. No child under 17 may reside in any dwelling, with a limited exception for one minor aged 17 or older who is a family member of an owner-occupant.
“On Top of the World (Central) has been designated as housing-for persons fifty-five (55) years of age or older. At least eighty percent (80%) of the Dwellings in the Community must be occupied by at least one person who is fifty-five (55) years of age or older. No child under the age of seventeen (17) years shall be allowed to reside in any Dwelling in the Community. An Owner who owns and occupies his or her own Residential Unit may permit (1) one minor only to reside in the Dwelling with him or her, but only if the minor is at least seventeen (17) years of age and a member of that Owner's family. The test for residency by minors shall be either (a) residency in any Dwelling for any period exceeding one (1) month, accompanied by enrollment in a public or private school or institution located within Marion County, Florida, or (b) residency in any Dwelling for a cumulative period of six (6) months or longer.”
Declaration · Section 13. Age Restriction. · p.27
Rentals / leasing
Restricted
Owners may lease their homes with prior written consent from the Association, but unfurnished homes must be leased for at least one year, and furnished homes for at least six months and one week. Only the entire home may be leased.
“No Owner may lease his Home without the prior written consent of the Association, and in no event, may an Owner lease an unfurnished Home for a period of less than one (1) year, or a furnished Home for a period of less than six (6) months and one (1) week. A Home may be leased only in its entirety and no fraction, portion, or room(s) may be leased separately from the entire Home for any form of consideration or benefit.”
Declaration · p.23
Short-term rentals
Not allowed
Short-term rentals are not allowed, as unfurnished homes must be leased for a minimum of one year, and furnished homes for a minimum of six months and one week.
“No Owner may lease his Home without the prior written consent of the Association, and in no event, may an Owner lease an unfurnished Home for a period of less than one (1) year, or a furnished Home for a period of less than six (6) months and one (1) week. A Home may be leased only in its entirety and no fraction, portion, or room(s) may be leased separately from the entire Home for any form of consideration or benefit.”
Declaration · p.23
Pets
Restricted
Owners may keep a reasonable number of usual household pets, with limits on types and numbers, and rules for noise, leashing, and waste disposal. No exterior structures for animals are allowed.
“No livestock, birds, poultry, reptiles or other animals of any kind shall be raised, bred or kept in the Community by any Occupant of any Residential Unit except for a reasonable number of dogs, cats, birds or other usual and customary household pets kept or maintained solely as domestic pets and not for any commercial purpose. For the purposes hereof, numbers in excess of three (3) of each such type of usual and customary household pet ( other than aquarium-kept tropical fish) per Residential Unit shall be presumed unreasonable, but the Board shall have the authority in its sole and absolute discretion, and upon such terms and conditions as may be deemed appropriate by the Board, to grant permission for a larger number of animals in any Residential Unit. No animal shall be allowed to make an unreasonable amount of noise or otherwise to become a nuisance. Any animal deemed too noisy, aggressive, offensive, threatening, disruptive or otherwise an actual or potential nuisance, as determined by the Association in its sole and absolute discretion, may be excluded from the Community by the Association. In addition, upon the written request of any Occupant, the Board may conclusively determine, in its sole and absolute discretion, whether or not, for purposes of this section, a particular animal is a usual and customary household pet and/or whether or not a particular animal is too noisy, aggressive, offensive, threatening, disruptive or otherwise an actual or potential nuisance. The Board shall have the right to require the owner of any animal deemed by the Association to be too noisy, aggressive, offensive, threatening, disruptive or otherwise an actual or potential nuisance to remove such animal from the Community. All animals shall be kept inside Residential Units and no exterior structure for the care, housing or confinement of any animal shall be constructed or maintained in the Community. While outside Residential Units, all animals must be kept on a leash or other restraint, including back yards unless fenced, and must be accompanied at all times by the owner or custodian. Animal feces must be picked up immediately and disposed of properly by the owner or custodian of the animal. No storage or disposal of animal feces in your yard, the common property or undeveloped property is allowed. Each Owner shall be liable to the Association for the cost of repair of any damage to the Common Property caused by any animal belonging to such Owner or to any Occupant of such Owner's Residential Unit. All animal food shall be kept in proper storage containers, and stored in an interior location, so as not to attract wildlife. Any feeding, excluding approved bird feeders, intentional or otherwise, of any wildlife, including but not limited to coyotes, feral cats and migratory water fowl is strictly prohibited. This includes feeder stations, broadcasting feed, or otherwise making readily available food (including salt licks) that would be attractive to these forms of wildlife.”
Declaration · p.4
RVs & campers
Restricted
No outside storage or parking of motor homes, campers, or trailers; an RV may only sit in a driveway up to 24 hours with a written permit for loading before/after a trip.
“There shall be no outside storage or parking upon any portion of the Community of any mobile home, trailer (either with or without wheels), motor home, tractor, truck (other than personal-use pick-up trucks and sport-utility vehicles), commercial vehicles of any type (including, without limitation, cars or trucks with advertising signs or lettering), camper, motorized camper or trailer, boat or other water craft, boat trailer, motorcycle”
Declaration · p.8
Boats
Not allowed
No outside storage or parking of boats, other watercraft, or boat trailers anywhere in the community.
“There shall be no outside storage or parking upon any portion of the Community of any mobile home, trailer (either with or without wheels), motor home, tractor, truck (other than personal-use pick-up trucks and sport-utility vehicles), commercial vehicles of any type (including, without limitation, cars or trucks with advertising signs or lettering), camper, motorized camper or trailer, boat or other water craft, boat trailer, motorcycle”
Declaration · p.8
Parking
Restricted
The Association controls the use of all parking areas on the Common Properties, except those used by the Developer, and may assign parking spaces to lots without their own parking facilities.
“Developer hereby grants to the Association the right to assign parking spaces within the Common Properties to Lots which do not have parking areas or parking facilities located thereon. The Association shall control the use of all parking areas on the Common Properties other than those utilized by Developer in the construction of Dwellings and/or marketing of Homes on the Properties.”
Declaration · Section 6. Additional Easements. · p.12
Fences
Requires approval
No fence, wall, or other structure may be commenced, erected, or maintained without prior written approval of the plans and specifications by the Architectural Review Board and any governmental agency.
“No building, fence, wall or other structure shall be commenced, erected or maintained, nor shall any exterior addition to or alteration of any Dwelling be made, nor any exterior painting of any Dwelling be commenced, until the plans and specifications showing the nature, kind, shape, height, materials, color and locations of the same shall have been submitted to and approved in writing by the Board, sitting as the Architectural Review Board, and any governmental agency having jurisdiction.”
Declaration · p.17
Architectural approval
Requires approval
Any building, fence, wall, or other structure, exterior addition or alteration, or exterior painting must be approved in writing by the Architectural Review Board and any governmental agency.
“No building, fence, wall or other structure shall be commenced, erected or maintained, nor shall any exterior addition to or alteration of any Dwelling be made, nor any exterior painting of any Dwelling be commenced, until the plans and specifications showing the nature, kind, shape, height, materials, color and locations of the same shall have been submitted to and approved in writing by the Board, sitting as the Architectural Review Board, and any governmental agency having jurisdiction.”
Declaration · p.17
Home business
Restricted
A portion of a residential unit may be used as an office or home business if it is lawful, does not create unreasonable traffic, and does not violate sign rules. The home address cannot be advertised.
“The use of a portion of a Residential Unit as an office or other home business by an Owner or other Occupant will not violate this rule if: (a) such use is lawful; (b) such use does not create unreasonable customer, client or employee traffic, as determined by the Board; and (c) Rule 15 Signs. below is not violated at any time in connection with such use. The home address shall not be advertised. Lease or rental of a Residential Unit for residential purposes shall also not be considered a violation of this rule if the minimum term, prior approval and other requirements of Rule 7 are satisfied.”
Declaration · 15. Single Family Residential Use, Resident Photo IDs, Gate Access and Guests · p.10
Signs
Restricted
Only approved name plates and specific small stickers for alarm companies, surveillance, special needs, and first responder alerts are permitted. All other signs, advertising, or notices, including 'For Rent' or 'For Sale' signs, are prohibited without prior written approval.
“Each Residential Unit may identify its Occupants by a name plate of a type and size approved by the Association or its designee and mounted in a place and manner so approved. No signs, advertising, or notices of any kind or type whatsoever, including but not limited to "Political" "Garage Sale", "Yard Sale", "For Rent" or "For Sale" signs as to any Residential Unit, vehicle or personal property, shall be permitted, posted or displayed in a manner so as to be visible from the exterior of any Dwelling or Home, on any Lot or parcel, or elsewhere in the Community with the exception of "NO MOWING" or "NO TRIMMING" signs provided through Resident Services without the prior written approval of the Association. Stickers or signage, not to exceed 2"x 6", advising of the following are permitted in the nearest corner of the window near front and back entrance with prior written approval of the Association: alarm company information, surveillance cameras in use, special needs such as oxygen in use and first responder alerts.”
Declaration · p.10
Setbacks
Restricted
Minimum setbacks are established for front, rear, and side yards, with specific distances for structures, swimming pools, screened enclosures, hot tubs, patios, and porches. Zero lot line dwellings have a minimum setback between structures.
“'Setback Line' is defined in the Planned Unit Development ("PUD") for On Top of the World (Central). The minimum setbacks for On Top of the World (Central) Owners Association shall be as follows: - Front Yard-twenty feet (20') from the front property line. - Rear Yard - twenty feet (20') from the rear property line; ten feet (1 O') for swimming pools, screened enclosures, "get wet" pools, hot tubs, patios and porches. - Side Yard- five feet (5') from the side property line; fifteen feet (15') abutting any side street. All setbacks will be measured from the adjacent property line to the nearest point of the dwelling unit. Zero lot line dwellings shall maintain a minimum setback between structures often feet (10'). All setbacks must adhere to On Top of the World PUD Master Plan and any variances approved by the ARB must be approved by Marion County prior to commencing any work.”
Declaration · p.29
Exterior & architectural12
Antennas, solar panels, generators & equipment
Restricted
Antenna installation is permitted on property within the exclusive use or control of the Owner, subject to standards addressing safety and aesthetics, compliance with local, state, and federal regulations (including Florida Building Code, National Electric Code, and FCC rules), and submission of an OTARD Installation Report to the ARB demonstrating compliance and ability to withstand 130 mph winds; antennas must be self-supporting, not encroach on neighboring properties, be installed behind the HVAC unit if attached to the building (unless otherwise agreed), not exceed 20 feet in overall height above grade if ground-mounted or anchored to the rear base building line, and ground-mounted antennas must be within five feet of the building; roof attachments are strongly discouraged due to potential warranty voiding, and homeowners are solely responsible for any damage from building installation.
“Antenna installation is permitted on property within the exclusive use or control of the Owner which is based on these standards that address safety and aesthetics while conforming to regulations such as the Federal Communications Commission (FCC) rules. ... Any antenna installation must comply with local, state and federal regulations. These include the Florida Building Code, the National Electric Code, as well as FCC rules which are administered and enforced by the appropriate local, state or federal entities. It is the Owner's responsibility to ensure that all such regulations are observed, and that documentation of compliance is provided to the ARB upon request.”
Declaration · 22. · p.62
Building height & size limits
Restricted
Building heights must be compatible with adjacent buildings, with a maximum height of 35 feet from the outer edge of the roadway curbing and not more than two stories, unless an ARB variance is granted.
“Heights of buildings shall be compatible with adjacent buildings. The maximum height shall be thirty-five (35') from outer edge of roadway curbing, and not more than two stories, unless a variance is granted by the ARB.”
Declaration · Minimum Building Size · p.38
Conservation, wetlands & environmental
Not allowed
No construction activities, including digging, excavation, depositing fill, or altering water control structures, are permitted on any portion of the Surface Water Management System Facilities without District Permit approval, and vegetation in wetland mitigation or wet detention ponds cannot be removed, cut, trimmed, or sprayed without specific written District approval, except for approved construction and maintenance activities.
“Except as may be permitted by the District Permit or other prior approval of the District, no construction activities may be conducted relative to any portion of the Surface Water Management System Facilities. Prohibited activities include, but are not limited to: digging or excavation; depositing fill, debris or any other material or item; constructing or altering any water control structure; or any other construction to modify the Surface Water Management System Facilities. If the Properties include a wetland mitigation area, or a wet detention pond, then, except as provided in the next sentence, no vegetation in these areas shall be removed, cut, trimmed or sprayed with herbicide without specific written approval from the District.”
Declaration · Section 4. · p.8
Driveways & walkways
Restricted
Driveways must be at least 12 feet wide, constructed of brick, concrete, stone, or similar ARB-approved material, and no driveway shall connect to any internal collector road unless allowed by the Master Site Plan.
“All homesites shall have a driveway of stable and permanent construction of at least twelve feet (12 ') in width. Unless prior approval is obtained from the ARB, all driveways must be constructed of brick, concrete, stone, or similar material.”
Declaration · Driveways/Walkways · p.30
Exterior & landscape lighting
Requires approval
All landscape lighting must be low voltage incandescent and approved by the ARB prior to installation; low voltage path lighting and tree up-lighting are allowed if not obtrusive; lighting near roads must be shielded for safety and not be obtrusive or a nuisance; lighting mounted to the dwelling must conform to original architecture and requires Association permission for changes to the home's exterior; all lighting equipment, junction boxes, and components must be concealed from curbside view, using shrubs to hide fixtures and hardware.
“All landscape lighting shall be "low voltage" incandescent lighting and shall be approved by the ARB of the Association prior to installation. Low voltage light fixtures for landscape path lighting will be allowed, tree up-lighting shall be allowed, but only in a manner that is not obtrusive to others. Landscape lighting near roads will be shielded in a manner to ensure safety of vehicles and pedestrians and shall not be obtrusive or a nuisance to others. Lighting may be mounted to the dwelling and shall conform to the original architecture of the house. The homeowner shall receive Association permission before changing the exterior condition of the home.”
Declaration · Lighting · p.61
Exterior colors, materials & trim
Requires approval
Exterior window and door trim and similar decorations must be of the same, complementing, or contrasting color and material, with synthetic materials preferred, and all proposed materials requiring ARB approval prior to construction.
“Exterior window and door trim and similar decorations shall be of same, complementing or contrasting color and material. Compatibility shall be considered by the ARB in accepting proposed trim and decoration. The preferred material for trim and decorations are synthetic materials capable of maintaining original appearance for its exposure. All material proposed for exterior trim and decoration shall be approved prior to construction.”
Declaration · Exterior Materials · p.37
Garages & carports
Restricted
All residential dwellings must include a garage adequate for at least two large automobiles (unless originally designed otherwise), constructed with the same exterior materials and colors as the main structure, with specific requirements for garage doors and side service doors, and garages cannot be converted to other uses without substitution.
“All residential dwellings shall include a garage adequate to house at least two (2) large size automobiles unless the original plans and specifications were designed as a single, single and one half or without a garage. All garages shall be constructed of the same exterior materials and colors as the main structure.”
Declaration · Garages · p.39
Hurricane shutters & storm protection
Restricted
Hurricane shutters, supporters, and hardware are subject to ARB review and approval, must be closed no earlier than an official hurricane watch, and must be taken down or opened 48 hours after the watch is lifted, with permanent supports finished to match adjacent architectural elements.
“Hurricane shutters, supporters and hardware are subject to review and approval of the ARB. Any supports or hardware that remains as a permanent element shall be finished to match the adjacent architectural element (i.e., stucco, window frame, trim band, etc.). Hurricane shutters are to be closed no earlier than the official hurricane watch, and are to be taken down ( or opened) 48 hours after the official watch has been lifted. At all other times, hurricane shutters shall not be in use.”
Declaration · 26. · p.40
Patios, porches & balconies
Restricted
These areas are for intended purposes only, prohibiting hanging garments, storing non-decorative objects, cleaning rugs, using indoor furniture, or general storage; gates or enclosures are not permitted on the front of dwellings except for original decorative wrought iron doors on specific models, and no screened enclosures are allowed on the fronts of homes.
“All balconies, porches,terraces and carports shall be used only for the purposes intended and shall not be used for hanging garments, storing or setting of other non-decorative objects, or for cleaning or drying of rugs or other household items, nor furniture intended for indoor use, nor for general storage purposes.”
Declaration · Balconies, Porches, Terraces, Carports · p.31
Pools, spas & screen enclosures
Restricted
All swimming pools require ARB review and must be enclosed by a screened enclosure with a minimum three-foot landscaped bed of approved buffer plantings, or a one-foot kickplate surrounded by plantings forming a uniform hedge maintained between 24 and 48 inches in height, with above-ground pools prohibited.
“Any swimming pool to be constructed upon any homesite will be subject to review of the ARB. ... All pools must be enclosed by a screened enclosure with a minimum three (3) foot landscaped bed with approved buffer plantings, or one (1) foot tall kickplate attached and surrounded by approved buffer plantings, form a uniform hedge appearance within one (1) year of planting; and thereafter be maintained at not less than twenty-four inches (24") nor greater than forty-eight inches ( 48") in height. Above ground pools are prohibited.”
Declaration · Swimming Pools · p.32
Property & structure upkeep
Restricted
Owners are responsible for all maintenance and repair of their Home not explicitly covered by the Association, including interior portions, HVAC, lawn sprinkler systems, solar panels, skylights, and owner-added landscaping, and must maintain their Dwelling in a manner satisfactory to the Board.
“All other maintenance and repair required for each Home, including, without limitation, the maintenance and repair of all walls, floors, ceilings, door frames, windows, gutters and downspouts, interior stair ways and other interior portions of the Dwellings, all heating, ventilation and air conditioning systems (HVAC), lawn sprinkler systems and component parts, all wires, pipes, and conduits located in and under each Dwelling, all solar panels and skylights, the replacement of any and all portions of the Dwelling, exterior (including landscaping) as well as interior, and the maintenance and replacement of all Owner added landscaping shall be the obligation of and shall be paid for by the individual Owners.”
Declaration · Section 3. Owner's Dwelling Maintenance. · p.19
Roofing
Restricted
Flat roofs are not permitted on the main structure unless approved by the ARB for specific designs, built-up roofs are only allowed on approved flat surfaces, and pitched roofs must use high-quality architectural grade shingles or cement tiles approved by the ARB, with no metal roof extensions on the fronts of homes.
“Flat roofs shall not be permitted on the main portion of the structure provided; however, the ARB shall have discretion to approve such roofs on the main body of a building if typical to that type of design. No built-up roofs shall be permitted, except on approved flat surfaces. The composition of all pitched roofs is high quality architectural grade shingles or cement tiles approved by the ARB.”
Declaration · Roofs · p.38
Landscaping & yard9
Clotheslines / outdoor drying
Requires approval
Clotheslines require prior written approval from the Association for their proposed location to minimize negative aesthetic impact, though the Association cannot prohibit them entirely; balconies, porches, and terraces cannot be used for hanging garments or non-decorative objects.
“Prior to the erection or installation of any clothesline on any Residential Unit, the Occupant of that Residential Unit shall obtain from the Association written approval of the proposed location of the clothesline in order to permit the Association to minimize the negative aesthetic impact of such clothesline on adjacent properties and streets; provided, however, the Association shall not exercise its approval authority in any manner which has the effect of prohibiting clotheslines on any Residential Unit.”
Declaration · 23. · p.14
Flags & flagpoles
Requires approval
One freestanding metal flagpole, no more than 20 feet high, may be erected per lot with ARB approval, provided it is straight, vertical, does not obstruct sightlines or easements, can withstand 130 mph winds or is collapsible, and complies with all building codes and setback regulations.
“With ARB approval, one (1) freestanding flagpole may be erected on each lot for the display of permitted flags. Each flagpole shall meet the following criteria: a. flagpole shall be metal; b. flagpole shall be no more than twenty feet (20') high; c. flagpole shall be straight and vertical; d. flagpole shall not obstruct any sightline at any intersection; e. flagpole shall not be erected within or upon any easement; f. flagpole must be able to withstand wind speeds of at least one hundred thirty miles per hour (130 mph) or be collapsible (telescoping) and/or removable;”
Declaration · Flag(s) · p.36
Grills & outdoor cooking
Restricted
Outdoor cooking appliances (grills, smokers, fire pits, chimeneas) and portable outdoor furniture must be stored out of street view when not in use.
“All outdoor cooking appliances, such as grills, smokers, fire pits and chimeneas, to name a few, as well as portable outdoor furniture, while not in use needs to be stored out of view of the street.”
Declaration · Games, Play Structures, Outdoor Cooking Appliances, Portable Furniture · p.32
Holiday & seasonal decorations
Restricted
Holiday lighting and decorations are permitted if they do not constitute a nuisance; rope and tube lighting are only allowed during the holiday season (second weekend in November to January 16); decorations for other holidays (e.g., St. Patrick's Day, Independence Day, Halloween, Thanksgiving) may be displayed 14 calendar days before the holiday and must be removed within 7 calendar days after, displayed tastefully, not excessively, not as a nuisance, and not obstructing maintenance; owners are responsible for ensuring decorations are safe.
“Holiday lighting and decorations shall be permitted so long as the lights and decorations do not constitute a nuisance. Rope and tube lighting only allowed during the holiday season. Lights and decorations are to be added no earlier than the second weekend in November and must be removed by January 16. Decorations for other holidays such as, but not limited to, St. Patrick's Day, Independence Day, Halloween and Thanksgiving, may be displayed on each Residential Unit beginning not earlier than fourteen (14) calendar days before the holiday and shall be removed within seven (7) calendar days after the holiday. They must be displayed in a tasteful manner and shall not be excessive relative to the general level of lighting and decoration in the Community, or constitute a nuisance to the neighbors, or create an obstruction to maintenance.”
Declaration · Landscape Lighting Specifications · p.61
Landscaping & lawn maintenance
Restricted
Sod may be removed and replaced with approved sod, ground cover, or weed mat and gravel, provided 50% of the pervious surface remains in sod or landscape bed. When replacing sod with rock, mulch, or gravel, property lines must be defined with a continuous cementitious-poured in place curbing, steel edging, reinforced plastic edging, or interlocking stacked block concrete material not exceeding 12 inches in height.
“Sod may be removed and replaced with an approved sod or ground cover or with weed mat and gravel as long as 50% of the pervious surface (green space) remains in sod or landscape bed. When removing sod and replacing with rock, mulch or gravel, property lines shall be defined with a continuous cementitious-poured in place curbing, steel edging, reinforced plastic edging or an interlocking stacked block concrete material not to exceed twelve inches 12" along the same horizontal plane to maintain the rock, mulch or gravel in place.”
Declaration · Drainage, Grading, Finished Floor Elevation · p.41
Lawn ornaments & decor
Restricted
Lawn furnishings, ornaments, and accessories are restricted in number, size, and placement, must be aesthetically pleasing, secured during severe weather, and artificial plants and lattice are generally not permitted.
“Only one (1) large item over eighteen inches (18") in height and two (2) small items under eighteen inches (18") in height are permitted to be installed in front yards ( oversized statues or other similar items are not one-size-fits-all and may be disapproved). A single shepherd's hook counts as one (1) large item with a limit of 4 hooks each and only one item per hook.”
Declaration · Lawn and Landscape Additions · p.34
Mailboxes
Not allowed
Mailboxes or stands are generally not permitted to be installed on the exterior of a home or lot unless installed by the developer as part of original construction, as mailboxes are typically grouped in kiosks or postal areas.
“Generally, no mailboxes or stands shall be installed on the exterior of a home or installed on the lot unless such installation is done by the developer as part of the original construction. Generally, mailboxes within On Top of the World (Central) are grouped together in a kiosks or postal areas.”
Declaration · Mail Boxes and Replacement Keys · p.34
Rain barrels & water conservation
Requires approval
Installation and alteration of water conservation systems, including rain barrels and cisterns, require approval from both the Bay Laurel Center Community Development District and the ARB, and must meet specific criteria: storage system material must be rubberized, fiberglass, clay, or ARB-approved; capacity cannot exceed 55 gallons per collection up to a maximum of two; systems must be gravity-fed with a fitting lid; pedestal height cannot exceed 12 inches; systems must be screened by ARB-approved buffer plants installed at two-foot intervals and maintained by the owner; down gutters feeding the system must match the dwelling's gutter color; systems cannot be installed on the front of the dwelling; no backflow or cross-connection to other systems is allowed; no pump or device may pressurize collected rainwater into the existing irrigation system; and the location cannot interfere with dwelling or neighboring lot maintenance.
“All installations and alterations of water conservation systems require the approval of both the Bay Laurel Center Community Development District and the ARB. Rain barrels, cisterns, or other capture systems with an approved Application of Approval of Request for Modification and meeting the following criteria may be installed: a. storage system material shall be rubberized, fiberglass, clay, or other material approved by the ARB; b. storage system capacity may not exceed fifty-five (55) gallons per collection up to a maximum of two (2); c. storage system shall be gravity fed type and have fitting lid to prevent contamination and insect vector attraction; d. storage system pedestal height may not exceed twelve inches (12") and shall be poured in place or precast single platform; e. storage system shall be screened by plant buffer selected from the Approved Plant Palette for buffer plants and installed at two feet (2') on center intervals to provide buffer from any side yard or street view, and all buffer plantings shall be maintained by the Owner in perpetuity; f. down gutter that feeds the storage system shall match the dwelling gutter system color; g. storage system may not be installed on the front of the dwelling; h. no backflow or cross-connection to any other system or equipment is allowed; 1. no pump or other device may be used to pressurize the collected rain water storage system and be connected into the existing irrigation system of the dwelling; and J. storage system location may not interfere with the maintenance of the dwelling or any neighboring dwelling or lot.”
Declaration · Water Conservation Systems · p.60
Vegetable / herb gardens
Restricted
Vegetable gardens require ARB approval, must not be visible from the front street, cannot exceed 40 sq. ft., must be installed adjacent to the back of the home/lanai and within ten feet of the home, must be parallel to the building or lanai, require removal of trellises and stakes during non-growing periods, prohibit scarecrows, skulls, and similar items, require removal of rotting vegetables and proper compost containment (open composting is prohibited), require removal of all plants after the growing season, allow white PVC and/or green vinyl coated wire cyclone fencing no higher than 24 inches and within the 40 sq. ft. garden area, permit dedicated drip or low-volume irrigation zones, limit plant height to five feet (taller plants must be in garden club plots), and require mulching with at least four inches of organic mulch if left unattended for winter.
“Vegetable Garden plans are subject to an Application for Approval Request for Modification submitted to the On Top of the World Central ARB. Vegetable gardens shall not be located within view of the fronting street. If you are using your plot to grow vegetables, follow these simple guidelines: Garden dimensions shall not exceed an area of 40 sq. ft. (e.g.4' x 10') and shall be installed adjacent to back of home/lanai. Garden shall not be installed further than ten feet (10') from the home and shall be parallel to the building or rear lanai.”
Declaration · Herb, Vegetable, and Butterfly Gardens · p.58
Vehicles & parking2
Commercial & non-passenger vehicles
Not allowed
No outdoor storage or parking of mobile homes, trailers, motor homes, tractors, trucks (other than personal-use pickups/SUVs), commercial vehicles, campers, boats, boat trailers, motorcycles, motorized go-carts, or other related transportation devices is permitted, unless in an enclosed garage or with written Association permission.
“There shall be no outside storage or parking upon any portion of the Community of any mobile home, trailer (either with or without wheels), motor home, tractor, truck (other than personal-use pick-up trucks and sport-utility vehicles), commercial vehicles of any type (including, without limitation, cars or trucks with advertising signs or lettering), camper, motorized camper or trailer, boat or other water craft, boat trailer, motorcycle, motorized go-cart, or any other related forms of transportation devices, except if in an enclosed garage, or otherwise permitted in writing by the Association.”
Declaration · 10. Vehicles · p.8
Golf carts & low-speed vehicles
Requires approval
Owners must obtain and display a current, unaltered permit from the Association for their golf cart, which is issued bi-annually at the Resident Services Department upon approval of an application, release of liability, and proof of liability insurance.
“Private golf carts are allowed in the Community only if the owner(s) obtains and displays an appropriate, unaltered current permit on the front driver side panel of the cart (see example below) from the Association and the golf cart and its use and operation comply with these Rules at all times. Golf cart permits are issued at the Resident Services Department in Friendship Commons on a bi annual (every two years) basis.”
Declaration · 10. Vehicles · p.21
Use & conduct6
Common area use & conduct
Restricted
Common properties are to be used only for their intended purposes as designated by governing documents or the Association, and no personal property belonging to any Occupant may be kept there.
“The common properties shall be used only for the purposes intended as reflected in the applicable Declaration, the By-Laws of the Association, these Rules and Regulations, the leasehold deeds to the Residential Units, applicable subdivision plats, and in any other documents relating to the operation of the Community, or as may be designated by the Association from time to time. No personal property belonging to any Occupant shall be kept or allowed to remain in the Common Properties, either temporarily or permanently.”
Declaration · 24. · p.15
Drones / unmanned aerial devices
Restricted
Drones or similar unmanned aerial devices are generally prohibited, with exceptions for owners inspecting their own lot or home, or for recreational use in specifically designated common properties, provided all operations comply with federal, state, and local regulations, do not invade privacy, and do not create a nuisance.
“Drones (as defined in Florida Statutes, Section 934.50(2)(a)) or similar unmanned aerial devices, either with or without cameras, shall not be operated by an Owner (including without limitation, any Owner's sales or listing agents, or any other agent of an Owner), Lessees, guests or invitees on, over, or from any Lot or Common Area within On Top of the World community except for the limited purpose of an Owner or their authorized agent periodically inspecting the Owner's respective lot or Home, or as otherwise permitted by the Board from time to time.”
Declaration · 32. Unmanned Aerial Devices. · p.17
Noise, nuisance & conduct
Restricted
Noise or sound must not exceed levels permitted by the Marion County Noise Ordinance, and no mechanical, electrical, or other device (e.g., musical instruments, stereos, TVs) may be used or played between 11:30 p.m. and 7:00 a.m. in a manner that disturbs other occupants.
“The use, enjoyment and occupancy of the Community shall be carried out in such manner as not to cause or produce any of the following effects discernible outside buildings located thereon or affect the adjoining property or any portion or portions thereof: noise or sound that exceeds the levels permitted under the Marion County Noise Ordinance, as amended from time to time; offensive or abusive language, behavior or acts; smoke, noxious, toxic or corrosive fumes or gases; obnoxious odors; dust, dirt or fly ash; unusual fire or explosive hazards; or vibration. No Occupant may use or play, or permit to be used or played anywhere in the Community any mechanical, electrical or other device (including, but not limited to, any musical instrument, stereo, amplifier, radio or television) between the hours of 11 :30 p.m. and the following 7:00 a.m. in a manner that disturbs any other Occupant in the Community.”
Declaration · 3. Animals · p.5
Solicitation & yard sales
Not allowed
Solicitation by vendors, service companies, owners, residents, or visitors, including for political campaigns, civic organizations, or charities, is strictly prohibited without prior written consent from the Association.
“In order to promote a harmonious community and to minimize disturbing residents' quiet enjoyment of their homes, solicitation by vendors, service companies, or any Owners, residents or visitors is strictly prohibited without the prior, written consent of the Association. This includes solicitation on behalf of political campaigns, political candidates, voter awareness groups, petitions for governmental action, civic organizations, service clubs, school groups, charitable organizations, religious organizations, etc.”
Declaration · 9. Solicitation · p.7
Tenant / buyer screening
Restricted
Prospective purchasers, lessees, or occupants may be required to attend an in-person interview and the Association may conduct a background check at the Owner's expense as part of the approval process.
“The prospective purchaser or lessee may be required to attend an in-person interview as part of the review process.”
Declaration · (a) · p.24
Trash & recycling
Restricted
Routine garbage and trash must be disposed of in designated compactors and recycling boxes, not left outside; curbside pickup is limited to normal lawn/garden debris, with specific placement and removal times; unusual or excessive waste requires approved drop containers; all sanitary containers must be stored within buildings, underground, or concealed by screening walls integrated with the building design.
“Routine disposal of garbage and trash by the Occupants shall be accomplished by means of trash compactors and recycling boxes designated and supplied by the Association or the Association's designee. No garbage or trash shall be left by any Occupant outside any such trash compactor and recycling box. Curbside pickup by the Association is limited to normal and typical types and quantities of lawn and garden debris unless the original neighborhood specifications designate curbside pickup of garbage, etc.”
Declaration · 2. Garbage and Trash · p.3