Villages of Marion Birchbrook Unit 229

Restricted

The community is for persons 55 years of age or older, requiring at least one occupant per home to be 55+, and no permanent residents under 19, with temporary visits for those under 19 limited to 30 days per calendar year; hardship exceptions may be granted by the Declarant, provided 80% adult occupancy is maintained.

“The Subdivision is an adult community designed to provide housing for persons 55 years of age or older. All homes that are occupied must be occupied by at least one person who is at least fifty-five (55) years of age. No person under nineteen (19) years of age may be a permanent resident of a home, except that persons b~low the age ofnineteen (19) years may be permitted to visit and temporarily reside for periods not exceeding thirty (30) days in total in any calendar year period.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.7

Last verified 2026-07-17

Not addressed

Information regarding rentals is not found in the provided document.

Not addressed

Information regarding short-term rentals is not found in the provided document.

Restricted

Birds, fish, dogs, and cats are permitted, with a maximum of two pets per Homesite; owners are responsible for any damage caused by pets, immediate removal and disposal of pet excrement, and keeping pets on a leash; no other animals, livestock, or poultry are allowed.

“Birds, fish, dogs and cats shall be permitted, with a maximum of two (2) pets per Homesite. Each Owner shall be personally responsible for any damage caused the Common Area by any such pet and shall be responsible to immediately remove and dispose of any excrement of such pet and shall be responsible to keep such pet on a leash. No other animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Homesite or on the Common Area.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.8

Last verified 2026-07-17

Not addressed

Not addressed

Restricted

Vehicles must be parked, stored, or kept wholly within the owner's driveway, garage, or other non-visitor parking spaces; trucks over 3/4 ton, campers, boats, trailers, aircraft, or any vehicle other than a private non-commercial vehicle are prohibited from parking spaces, though a boat may be kept in the garage with the door closed.

“No Owner of a Homesite shall park, store, or keep any vehicle except wholly within his driveway, garage or other non-visitor parking spaces. No truck in excess of3/4 ton. camper, boat, trailer, or aircraft, or any vehicle other than a private non-commercial vehicle maybe parked in a parking space except a boat may be kept in the garage 'With the garage door closed.”

Declaration · ARTICLE VIII. PARKING RESTRICTIONS · p.11

Last verified 2026-07-17

Restricted

Owners are responsible for painting and keeping clean all fences and walls, maintaining the gate on the gate fence or wall, and maintaining and repairing the structural integrity of all walls and fences serving their Homesites; where a wall or fence serves multiple Homesites, costs are shared, and specific Homesite owners have additional responsibilities for exterior and interior painting of security walls and railings, with all gates, walls, and fences requiring a uniform color and type of paint as specified by the Declarant or District.

“Subject to Article IX each Owner shall paint and keep clean all fences and walls. The gate on the gate fence or wall shall be maintained by the Owner enjoying the use of the adjacent side yard area. Owners shall be responsible for maintenance and repair ofthe structural integrity ofall walls and fences serving the Owners' Homesites whether on the Owner's Homesite or on an adjacent Homesite, Common Area or dedicated area. Where a wall or fence serves more than one Homesite, the cost of maintaining and repairing the structural integrity of the wall or fence shall be shared among the respective Owners served by such wall. In addition, the Owners of Homesites 1 and 4 shall clean and paint the exterior portion of the wall or fence upon their Homesite facing the adjoining road right ofway, parking area, or common area. The Owners ofHomesites 1 and 4 shall also clean, and paint the interior portion of the security wall or fence upon and adjacent to the Homesite. Owners ofHomesites on the perimeter of the Subdivision who must maintain the exterior of the fence on their Homesites are encouraged to do so in a cooperative and uniform manner with other adjacent Homesite Owners so as to present to the public a uniform well maintained appearance ofthe Subdivision as a whole. Owners ofHomesites 4 through 24 shall also maintain the railing of the wall situated on their Homrsite. All gates, walls and fences must be of a uniform color and type of paint. Owners intending to paint must contact the Declarant or the District for paint specifications.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.10

Last verified 2026-07-17

Requires approval

Any structural alteration, exterior repainting or repair, or addition to a residence that substantially alters its exterior appearance requires prior written approval from the Declarant or an architectural committee, which will only grant approval if the work benefits and enhances the entire Subdivision.

“No Owner, other than Declarant or its transferees, shall make any structural alteration, or shall undertake any exterior repainting or repair of, or addition to his residence, which would substantially alter the exterior appearance thereof, without the prior written approval of the plans and specifications therefor by the architectural committee appointed by the Declarant The Declarant or an architectural committee designated by the Declarant shall grant its approval only in the event the proposed work will benefit and enhance the entire Subdivision in a manner generally consistent with the plan of development thereof.”

Declaration · ARTICLE IX. ARC!IlTECTURAL CONTROL · p.11

Last verified 2026-07-17

Not allowed

No business of any kind may be conducted on any residence, with the exception of the Declarant's business of developing and selling Homesites.

“No business of any kind shalt be conducted on any residence with the exception of the business of Declarant and the transferees of Declarant in developing and selling all of the Homesites as provided herein.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.7

Last verified 2026-07-17

Restricted

No signs of any kind may be displayed without prior written consent from the Declarant, except for customary name and address signs and professional 'for sale' or 'for rent' signs.

“No sign of any kind shall be displayed to public view on a Homesite or the Common Area without the prior written consent of the Declarant, except customary name and address signs. Professional signs advertising a property for sale or rent shall be permitted.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.7

Last verified 2026-07-17

Not addressed

Restricted

No aerials, satellite reception dishes, or antennas of any kind are permitted within the Subdivision, except as specifically allowed by law, and the location of any approved device must be previously approved in writing by the Declarant.

“No aerials, satellite reception dishes, or antennas of any kind, nor window air-conditioners or irrigation wells are permitted within the Subdivision, except as specifically allowed by law. The locatio~ of any improved device will be as previously approved by the Declarant in v,,riting.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.8

Last verified 2026-07-17

Not allowed

No unauthorized person may enter any wildlife preserve within the designated areas, and no owner may construct or maintain any building, residence, or structure, or perform any activity in wetlands, buffer areas, and upland conservation areas without prior approval from the District.

“No unauthorized person may enter onto any wildlife preserve set forth within the areas designated as such in the Development Order entered in coW1ection with the Villages ofMarion, a Florida Quality Development, or as it may be amended from time to time. No Owner of the property within the Subdivision may construct or maintain any building, residence, or structure, or undertake or perform any activity in the wetlands, buffer areas, and upland conservation areas described in the approved permit and recorded plat of the Subdivision, unless prior approval is received from the District pursuant to Chapter 40C-4, F.A.C.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.10

Last verified 2026-07-17

Restricted

Only clear (non-colored) concrete and driveway coatings are permitted; colored coatings require prior written consent from the Declarant, its designee, or an architectural review committee.

“Clear (non-colored) concrete and driveway coatings are permitted. No colored coatings are permitted without the prior written consent ofDeclarant, its designee, or an architectural review committee appointed by Declarant or w-~~tttE Declarant's designee.'~”

Declaration · p.1

Last verified 2026-07-17

Not allowed

The hanging of clothes or clotheslines or placing of clothes poles is prohibited to the extent allowed by law.

“The hanging of clothes or clotheslines or placing of clothes poles is prohibited to the extent allowed by law.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.8

Last verified 2026-07-17

Restricted

Lawn ornaments are prohibited, except for seasonal displays that do not exceed a thirty (30) day duration.

“Lawn ornaments are proluOited, except for seasons displays not exceeding a thirty (30) day duration.”

Declaration · Section S. · p.8

Last verified 2026-07-17

Restricted

Each Homesite Owner is responsible for maintaining their Homesite, side yard easement, driveway easement, and the unpaved area between the roadway and their front and side Homesite lot lines in a mowed, edged, neat, and clean manner, and Owners of Homesites subject to a Special Easement for Landscaping must perpetually maintain the vegetation consistent with good horticultural practice and not prevent compliance with Marion County Subdivision regulations.

“Each Hornesite Owner shall be responsible for maintaining in a mowed, edged, neat and clean manner: (i) that portion of his Homesite not subject to side yard or driveway easements, (ii) his side yard easement area, driveway easement area and. driveway, whether on his Homesite or on~ adjacent Homesite, Common Area or dedicated area, and (iii) the unpaved area between an adjacent roadway and the Owner's front and side Homesite lot lines. (iv) Owners ofHomesites subject to a Special Easement for Landscaping, as shown on the Plat or described in Article IV above, shall perpetually maintain the vegetation located thereon, consistent with good horticultural practice. No owner of a Homesite which is subject to a Special Easement for Landscaping shall take any action to prevent the Landscaped Buffer from complying with those provisions of the Marion County Subdivision regulations requiring Landscaped Buffer areas.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.10

Last verified 2026-07-17

Restricted

Lawn ornaments are prohibited, except for seasonal displays not exceeding thirty (30) days in duration.

“Lawn ornaments are proluOited, except for seasons displays not exceeding a thirty (30) day duration.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.8

Last verified 2026-07-17

Not allowed

Individual mailboxes are not permitted on Homesites; mailboxes are provided by the U.S. Postal Service and housed by the Declarant for a one-time lifetime charge of $100.00 per box, which is re-charged upon title transfer and may be increased.

“Individual mailboxes may not be located upon a Homesite. Mailboxes are provided by the U.S. Postal Service at no cost to Owner, however, those boxes shall be housed by Declarant at a one time lifetime charge to Owner of$100.00 per box. Iftitle to a Honwsite is transferred, a new charge shall be made to the new Owner.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.9

Last verified 2026-07-17

Not allowed

No owner may repair or restore any motor vehicle, boat, trailer, aircraft, or other vehicle on any portion of a Homesite or the Common Area, except for emergency repairs necessary to move the vehicle to a proper repair facility.

“No Owner of a Homesite shall repair or restore any motor vehicle, boat, trailer, aircraft, or other vehicle on any portion of any Homesite, or on the Common Area, except for emergency repairs, and then only to the extent necessary to enable movement thereof to a proper repair facility,”

Declaration · ARTICLE VIII. PARKING RESTRICTIONS · p.11

Last verified 2026-07-17

Not allowed

Nothing may be altered in, constructed on, or removed from the Common Area after its original development by the Declarant, except with the Declarant's written consent.

“Nothing shall be altered in, constructed on, or removed from the Common Area except on the written consent of the Declarant, after the original development thereof by the Declarant.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.8

Last verified 2026-07-17

Restricted

If a residence is damaged or destroyed, the Owner must rebuild, repair, or reconstruct it to its prior appearance and condition within two months of damage and complete the work within six months, unless prevented by governmental authority, subject to architectural control provisions.

“If all or any portion ofa residence is damaged or destroyed by fire or other casualty, it shall be the duty oftbe Owner thereof, 'With all due diligence, to rebuild repair, or reconstruct such residence and walls in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken 'Within two (2) months after the damage occurs, and shall be completed withinsix (6) months after the damage occurs, unless prevented by governmental authority. Such reconstruction is subject to the provisions or Article IX.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.11

Last verified 2026-07-17

Restricted

Radios, record players, television, voices, and other sounds must be kept at a moderate level from 10:00 p.m. to one hour before daylight, with construction noises by the Declarant being an exception.

“Owner(s) shall use his property in such a manner as to allow his neighbors to enjoy the use of their property, Radios, record players, television, voices and other sounds are to be kept on a moderate level from 10:00 p.m. to one (1) hour before daylight. These restrictions shall not apply to construction noises being made by the Declarant.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.9

Last verified 2026-07-17

Restricted

The Declarant reserves the right to prohibit or control all peddling, soliciting, selling, delivery, and vehicular traffic within the Subdivision.

“The Declarant reserves the right to prohibit or control all peddling, soliciting, selling, delivery and vehicular traffic within the Subdivision.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.9

Last verified 2026-07-17

Restricted

Rubbish, trash, garbage, or other waste material must be kept in sanitary containers located in appropriate areas concealed from public view, and all garbage must be contained in fully closed and sealed plastic bags prescribed by the Declarant, placed curbside no earlier than the day before scheduled pick-up, or in a dumpster if required by the Declarant.

“No rubbish, trash, garbage, or other waste material shall be kept or permitted on any Homesite or on the Common Area except in sanitary containers located in appropriate areas concealed from public view.”

Declaration · ARTICLE V. USE RESTRICTIONS · p.8

Last verified 2026-07-17