San Jose Neighborhood Association, Inc

DECLARATION OF COVENANTS AND RESTRICTIONS FOR

SAN JOSE NEIGHBORHOOD ASSOCIATION, INC.

 STATE OF FLORIDA

COUNTY OF DUVAL

Known all men by these presents that the undersigned Owners of certain lands lying within the Replat of San Jose, et al., County of Duval, State of Florida, hereby subject their lands to these Covenants and Restrictions as follows:

WHEREAS, the undersigned are Owners of certain lands being part of the Replat of San Jose, Plat Book 25, Page 98, et seq., all residential land within the Association Boundaries attached to the Association’s Bylaws as Attachment A (the “Association Boundaries”), the Plats of which are identified in the Association’s Bylaws as Attachment B; and

WHEREAS, the San Jose Neighborhood Association, Inc., is formed to promote safety and safe-conduct within the Association Boundaries; to arrange for certain capital improvements within the Association Boundaries; to take actions in any emergency whatsoever; to promote social and charitable activities when appropriate; and to include civic protections and enjoyable living for all property owners within the Association Boundaries; and

WHEREAS, to preserve and protect the properties within the Association Boundaries, the Members and Association are desirous of placing certain covenants and restrictions upon the use of all the residential land shown therein, and are desirous that the covenants and restrictions shall run with the title to said residential land hereby restricted; and

              NOW THEREFORE, for the purpose of protecting the value and desirability of the properties within the Association Boundaries, the Member and Association for themselves and their heirs, successors, and assigns, do hereby restrict the use, as hereinafter provided, of all of the residential lots all of said lands being hereinafter sometimes referred to as “the residential land” and the Member and Association do hereby place upon the residential land, the following Covenants and Restrictions  to run with the title to the residential land, and grantee of any deed conveying any of said residential land, as shown on the Association Boundaries shall be deemed by the acceptance of such deed to have agreed to all such covenants and restrictions, and to have covenanted to observe, comply with and be bound by all such covenants and restrictions as follows:

ARTICLE I – DEFINITIONS

Section 1. “Association” shall mean and refer to the San Jose Neighborhood Association, Inc., a Florida not-for-profit corporation, its successors and assigns.

Section 2. “Lake” shall mean and refer to the areas of real property and water (including any improvements, fixtures or tangible personal property relating thereto) for the common use and enjoyment of Owners of Lakeside Lots and their respective riparian rights, interests, and title which includes but is not limited to:

Lake San Jose and all connecting drainage or utility easements as shown on the Replat of San Jose, according to plat thereof as recorded in Plat Book 25, Pages 98, 98A, 98B and 98C of the current public records of Duval County, Florida. (specifically including the island within the Lake)

              Section 3. “Board” shall mean and refer to the Board of Directors of the San Jose Neighborhood Association, Inc., a Florida no-for-profit corporation.

              Section 4. “Owner” shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any residential land within the Association Boundaries excluding those having such interest merely as security for the performance of this obligation. Notwithstanding any applicable theory of a mortgage, “Owner” shall not mean or refer to the mortgagee, unless such mortgagee has acquired title pursuant to the foreclosure or any proceeding in lieu of foreclosure.

              Section 5. “Member” shall mean and refer to all those persons entitled to membership as provided in the Bylaws.

              Section 6. ”Association Boundaries” shall mean all residential land within the Association Boundaries attached to the Bylaws as Attachment A.

ARTICLE II – GENERAL PROVISIONS

              Section 1.  Effective Period. These covenants and restrictions shall become effective at the time of membership. These covenants and restrictions, as amended and added to from time to time as provided herein, unless released as herein provided, shall be covenants and restrictions running with the title to the land and shall remain in full force and effect until February 1, 2050, and thereafter, covenants and restrictions shall be automatically extended for successive periods of 25  years each, unless within six months prior to the first day of February 2050, or within six months preceding the end of any such successive 25 year period as the case may be, a written agreement executed by the then Owners of a majority of the lots shown on the Association Boundaries shall be placed on record in the office of the Clerk of the Circuit Court of Jacksonville, Duval County, Florida, in which agreement any of the covenants, restrictions, reservations and easements provided for herein may be changed, modified, waived, or extinguished in whole or in part, as to all or part of the property then subject thereto, in the manner and to the extent provided in such agreement. In the event that any such agreement shall be executed and recorded as provided for in this paragraph, these original covenants and restrictions as therein modified, shall continue in force for successive periods of 25 years, unless and until further changed, modified, waived, or extinguished in the manner provided in this paragraph.

              Section 2. Notices. Any notice required to be sent to any Member under the provisions of this Declaration shall be deemed to have been properly sent by United States mail and/or electronic means when allowed by Florida Statutes to the last known address of the person or persons to whom notice is being sent appearing on the Association’s official records.

              Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

              Section 4. Applicable Law. These covenants and restrictions shall be enforced in conjunction with Chapter 720 of the Florida Statutes, as amended from time to time, the provisions of which shall be liberally construed and deemed to supplement the provisions contained in this Declaration. Further, the Association shall operate pursuant to Chapters 720 and 617 of the Florida Statutes, as amended from time to time, its Articles of Incorporation and Bylaws.

ARTICLE III – ENFORCEMENT OF COVENANTS AND RESTRICTIONS

              Section 1. Enforcement. The covenants and restrictions contained in the Declaration may be enforced by any Member or the Association in any judicial proceeding seeking any remedy recognizable at law or in equity, including an action seeking damages, injunction, specific performance, or any other form of relief, against any person, firm or entity violating or attempting to violate any covenant or restriction contained herein. The failure by any party to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of such covenant or restriction or of the right of such party to thereafter enforce such covenant or restriction.

              Section 2. Attorney’s Fees. In the event of any litigation to this Declaration, the Articles of Incorporation, Bylaws, or Rules of the Association, the prevailing party shall be entitled to recover all costs incurred including, but not limited to, reasonable attorneys’ fees and costs at all trial and appellate levels and post-judgment proceedings.

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ARTICLE VI – COVENANTS AND RESTRICTIONS

              The following restrictions will be observed and adhered to by all Members. However, the Board of Directors is hereby vested with the authority to grant in writing waivers and variances from any of the following restrictions, utilizing the same standards of review, where it is demonstrated by the person requesting the waiver that the granting of such a waiver will not impact adversely on the aesthetic qualities of the proposed improvements. Neither the Board of Directors, nor any of its Members shall in any way or manner be held liable to any Owner, the Association or any other person or entity for its good faith exercise of the discretionary authorities herein conferred.

              Section 1. Lakeside Lots. Every Member owning a lakeside lot has an exclusive right and easement of enjoyment in and to Lake San Jose and such easement shall be appurtenant to and shall pass with title to every lakeside lot as provided for in the Bylaws and Covenants and Restrictions of San Jose Lake Civic Association, Inc. Lake San Jose is a private lake for the exclusive use of Members and their guests whose properties border the lake, such use being at the user’s own risk. San Jose Neighborhood Association, Inc., assumes no responsibility for any lake activities.

              The owner or owners of all lots abutting Lake San Jose within the property shall by virtue of having acquired said lot(s) subject to these covenants and restrictions be deemed to have assumed all of the obligations and responsibilities of the Association as set forth in the Plat of the property hereinafter referred to as the “Plat” and have agreed to indemnify the Association and save the Association harmless from suits, actions, damages, and liability and expense in connection with loss of life, bodily or personal injury, or property damage, or any other damage arising from or out of any occurrence in, upon, or at, or from Lake San Jose as shown on the Plat or any part thereof or occasioned wholly or in part by any act or omission of owners, owners agents, contractors, employees, servants, licensees, or concessionaries with the property.

Section 2. Single Family Residence Only: Single Story Limit.  No structure shall be erected, altered, or permitted to remain on any residential lot shown on the Association Boundaries other than for use as a single-family residence. Without the approval of the Association, the height of the main residence on each said lot shall be no more than one full story above the normal surface of the ground. No building situated on any said lot shall be rented or leased separately from the rental or lease of the entire property. Any two-story structures erected prior to the effective date of these covenants and restrictions not conforming with this section are considered exempt and no adverse action shall be taken.

Section 3. Motorist Vision to Remain Unobstructed. The Association shall have the right but no obligation to remove or require the removal of any fence, wall, hedge, shrub, bush, tree, or other thing natural or artificial placed or located on any residential lot if the location of same will in the sole judgment and opinion of the Association obstruct the vision of the motorist upon any streets.

Section 4. Minimum Square Footage for any Principal Residence. No principal residence shall be erected or allowed on any residential lot unless the square footage area thereof exclusive of screened porches, garages, and storage rooms shall equal or exceed 1,100 square feet.

Section 5. Other Structures. The following buildings, structures, and objects may be erected and maintained on the residential lot only if the same are located wholly within the rear yard of the main dwelling and at least 25 feet away from any street: pens, yards, and houses for pets, hothouses, pool or installation in connection therewith. Each building structure or object shall be fenced or sufficiently landscaped and with height and design in such a manner that such objects shall be obstructed from view from the outside of said lot. Storage sheds, tool sheds, boathouses, and workshops shall be allowed provided they are permitted and do not conflict with municipal code.

Section 6. Setback for all Structures. No building of any type or kind of permanent structure, except drives and walks or any part of the same, shall be erected, placed, or allowed in the areas of any residential lot line between the front building restriction line of 20 feet and the streets on which said lot abuts: or nearer than 7 and one-half feet to any interior side of said lot.

Section 7. Wetland Habitat. No property Owner may dredge and/or fill any residential lots having wetland habitats.

Section 8. Resubdivision of Residential Land. No residence shall be erected upon or any resident allowed to occupy a replatted or a resubdivided lot or fractional part or parts thereof.

Section 9. Approval of Structures by Association. For the purpose of further ensuring the protection of the land as a residential area of the highest quality and standards, and to preserve the current aesthetic as of the date of this Declaration, the Association reserves the exclusive power and discretion to advise and approve all of the buildings, structures, and other improvements on each residential lot in the manner and to the extent set forth in:

1. No new residence shall be commenced, placed, erected, or allowed to remain on any said lot until building plans for the main building residence and specifications covering same, show the nature, kind, shape, height, size, materials, architectural elements, location, and orientation on said lot and approximate square footage, construction schedule, and such other information as the Association shall require, including if so required, plans for the grading and landscaping of said lot showing any changes proposed to be made and the elevation or surface contours of the land have been submitted to and approved by the Association in writing. For the main building residence, the Association shall have the right to review building plans and specifications to ensure compliance with all covenants and restrictions herein provided. In addition, the Association shall have the absolute and exclusive right to refuse to approve any such building plans and specifications and lot-grading and landscaping plans which are not suitable or desirable in its opinion for any reason, including purely aesthetic reasons and reasons in connection with future development plans. In passing upon such building plans, specifications, and lot-grading and landscaping plans, the Association may take into consideration the suitability and desirability of proposed construction and of the materials of which it is proposed to erect the same, the quality of the proposed workmanship and materials proposed to be used as the Association recommends. In the event that the Association fails to act on any such request within 30 days after the same has been submitted to the Association as required above, the consent or approval of the Association to the particular action sought in such request shall be presumed; however, no action shall be taken by or on behalf of the person or persons submitting such request which violates any of the covenants and restrictions herein contained.
2. Water supply; Well; Sewage. Any new construction of main residence or Accessory Dwelling Unit will be required to follow Jacksonville City Code of Ordinances Chapter 470 and applicable Jacksonville Electric Authority guidelines to receive approval by the Association before its commencement.
3. In order that all improvements on each said lot containing an existing residence shall be present and attractive and pleasing appearance from all sides of view, no other building, fence, wall, driveway, swimming pool, or other object, structure, or improvements regardless of size and purpose whether attached to or detached from the main residence shall be commenced, placed, erected, or allowed to remain on any said lot, nor shall any addition to or exterior change or alteration thereto be made unless and until building plans and specifications covering same showing the nature, kind, shape, height, size, materials, architectural elements, location and orientation on said lot and approximate square footage, construction schedule, and such other information as the Association shall require, including, if so required, plans for the grading and landscaping of the lot showing any changes proposed to be made in the elevation or surface contours of the land, have been submitted to and approved by the Association in writing. The Association shall act thereon in a reasonable time. The Association shall have the absolute and exclusive right to refuse any such building plans, specifications, and lot-grading and landscaping plans which are not suitable or desirable in its opinion for any reason, including purely aesthetic reasons. In passing upon such building plans and specifications and lot-grading and landscaping plans, the Association may take into consideration the suitability and desirability of proposed constructions and of the materials of which it is proposed to erect the same.
4. The Association shall have the absolute and exclusive right to refuse any such building plans, specifications, and lot-grading and landscaping plans which are not suitable or desirable in its opinion for any reason, including purely aesthetic reasons and reasons connected with any land use changes to the Future Land Use Map that would otherwise allow for multi-family development such as duplexes, triplexes, quadraplexes, or greater, to also include townhomes (attached or detached) or villas.

Section 10. No Overhead Wires. For new construction residences or the erection of an Accessory Dwelling Unit, all telephone, electric, and other utility lines and connections between the main utility lines and the residence and other building located on each residential lot shall be concealed and located underground so as not to be visible.

Section 11. Completion of Commence Construction and Landscaping. When the construction of any building or improvement has begun, landscaping work shall be prosecuted diligently and continuously until the full completion thereof. A main residence and/or all related structures shown on plans and specifications approved by the Association must be completed within eight months after the commencement unless such completion is rendered impossible as the direct result of fires, national emergencies, or natural calamities.

Section 12. Approval of Association.  Wherever in these covenants and restrictions the consent or approval of the Association is required, no action requiring such consent or approval shall commence until after a request in writing seeking the same has been submitted to the Association. Such request shall be sent to the Association by certified mail with return receipt requested. In the event that the Association fails to act on any such written request within 30 days after the same has been submitted to the Association, as required above, the consent or approval of the Association to the particular action sought in such written request shall be presumed. However, no action shall be taken by or on behalf of the person or persons submitting such written request which violates any of the covenants and restrictions herein contained.

Section 13. Variances. Should any of these covenants and restrictions impose a particularly unfair, unjust, or substantial hardship on any Owner, they may petition the Association in writing to seek a variance of the covenant requirements. The Board shall have the authority to issue such a variance.

Section 14. Amendments or Additional Restrictions. The Association reserves and shall have the sole right: (a) to amend these covenants and restrictions, but all such amendments shall conform to the general purposes and standards of the covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein; and (b) to include in any contract or deed or other instruments hereafter made any additional covenants and restrictions applicable to the land which do not lower the standards of the covenants and restrictions herein contained.

Acknowledgement page of the

DECLARATION OF COVENANTS AND RESTRICTIONS FOR

SAN JOSE NEIGHBORHOOD ASSOCIATION, INC.

Last Revision Date:   April 01, 2025