Covenants and the Rights of Our Neighbors:
Some people hate covenants. Some accept them and some love
them. Regardless of your thinking, studies have found that
when in the market for a new home, it is best to look for
a community with rules and regulations; i.e. covenants. The
more realistic and comprehensive the rules, the more desirable
the community will be. In this season of resolutions, we all
must continue to resolve to respect the covenants and the
rights of our neighbors. Only through cooperation and respect
can we continue to maintain and enhance the appearance of
The key word is Respect. They say that “a man's home
is his castle,” but in certain areas moats may not be
permitted. There is a process to follow when alterations to
a home or property are contemplated and we must adhere to
it. There are covenants that govern the appearance of one's
castle and we must obey them. The covenants are very clear
and very fair and it is obviously in everyone's best interest
to see that they are enforced.
Covenants to Live By:
As long as we homeowners keep thinking "We" and
not "I", Magnolia Point will continue to be considered
one of the more prestigious places to reside in the area.
Community Handbook of Covenants and Guidelines:
Every homeowner should have the Magnolia
Point Community Handbook of Covenants and Guidelines.
If you would like a copy of the handbook you can either print
one using the chart above, or obtain a copy from the Community
Lifestyles Property Services
The following excerpts from the Community Handbook
of Covenants and Guidelines do not represent the Association’s
Declaration of Covenants in their entirety. The Association’s
Governing Documents always take precedence over this representation
and the Community Handbook of Covenants and Guidelines itself.
The Covenants & You:
The Declaration of Covenants is a legal contract between
the Developer and the buyer that specifies certain rights,
liabilities, and commitments governing the use and occupancy
of the property. The Declaration of Covenants runs with the
land, is conveyed to new owners at closing, and Florida law
presumes that each owner and all subsequent owners of the
property have knowledge of its provisions.
Whether or not they realize it, all homeowners in Magnolia
Point have agreed to abide by the Declaration of Covenants.
The Declaration protects the community's property values and
homeowners' quality of life by providing architectural harmony
and preventing unsightly appearances and nuisances. These
are important rights and benefits, and most homeowners abide
by them and want them enforced.
Our Covenants are enforceable. Florida Statute 720 provides
that each Association member and the member's tenants, guests,
and invitees are governed by, and must comply with, the covenants
and the rules of the Association. Actions at law or in equity,
or both, to redress alleged failure or refusal to comply with
these provisions may be brought by the association or by any
(a) The association;
(b) A member;
(c) Any director or officer of an association who willfully
and knowingly fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a parcel or
using the common areas.
The prevailing party in any such litigation is entitled to
recover reasonable attorney's fees and costs. This section
does not deprive any person of any other available right or
remedy. Florida law permits the Association to levy fines
not to exceed $100 per violation, against any member or any
tenant, guest, or invitee. The Association's Governing Documents
give the Board of Directors this explicit authority.
A fine may be levied on the basis of each day of continuing
violation, with a single notice and opportunity for hearing,
except that no such fine shall exceed $1,000 in total unless
otherwise provided in the governing documents. A fine or suspension
may not be imposed without notice of at least 14 days to the
person sought to be fined or suspended and an opportunity
for a hearing before a committee of at least three members
appointed by the board.