Deed Restrictions
for
BUCKHORN HOUSING DEVELOPMENT

(Legally Known As Buckhorn Estates Housing Development)

The following are the DECLARATION OF RESTRICTIONS for BUCKHORN ESTATES housing development.

  1. No lot or parcel shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than on single family dwelling, not to exceed two stories in height, with a private two-car garage and one utility building, or a builder’s temporary structure.
  2. No structure of a temporary character, trailer, tent, shack, garage, or other outbuilding shall be used on any lot at any time as a residence, temporarily or permanently. No structure may be erected on any lot for other than residential purposes except a private two-care garage and one utility building, or a builder’s temporary structure.
  3. The living area of the main structure, exclusive of garages, shall not be less than 1,650 square feet for a one-story dwelling, and not less than 1,800 square feet for a two-story dwelling. For golf course lots, the living area of the main structure, exclusive of garages, shall not be less than 2,000 square feet for a one-story dwelling, and not less than 2,000 square feet for a two-story dwelling.
  4. No dwelling shall be constructed on a plot having an area of less than 7,000 square feet. Front, rear and side setback requirements, as established by County ordinance in effect at the time of construction, shall be complied with, provided, however, that in no event shall any building be erected closer than 20 feet to the front lot line, or closer than 15 feet to the rear lot line, or closer than six feet to any interior side lot line. No building situated on a corner lot shall be erected closer than 15 feet to any street right-of-way.
  5. No garage or structure other than a builder’s temporary structure shall be erected on any lot prior to the construction of a dwelling. If a garage or utility building is built either simultaneously with or subsequent to the construction of the dwelling, the garage shall be of the same kind of material as the construction of the dwelling. The garage or utility building shall conform architecturally with the dwelling. The garage shall accommodate two cars unless the Developer, at its option and in its sole discretion, elects to permit the construction of a one-car garage.
  6. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
  7. No structure shall be moved onto any lot or parcel in the area covered by these restrictions, except temporary buildings used by a builder in connection with construction work, and permitted utility buildings.
  8. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bed or maintained for any commercial purposes. However, no more than four (4) household pets shall be permitted.
  9. No sign of any kind shall be displayed to the public view on any lot except for one professionally lettered sign not more than two (2) feet square in size advertising the property for sale or rent, and except for signs used by a builder to advertise the property during the construction and sales period. No pool signs shall be permitted.
  10. No lot shall be used as a dumping ground for rubbish. All garbage or trash containers, oil tanks, bottle gas tanks, soft water tanks and similar structures or installations shall be placed under the surface of the ground or walled-in areas or screened with fencing or shrubbery so as to not be visible from the street or objectionable to adjacent residences.
  11. No chain link fences shall be permitted. No fence or part thereof may be placed any closer to the street than a dwelling could be placed on the same lot, except as may be required by FHA/VA or other government regulations. No fence situated on a corner lot shall be erected closer than 15 feet to any street right-of-way.
  12. Gravel-type roofs may not be used except on flat roof surfaces.
  13. Simultaneously with the construction of a dwelling on any lot, a four-foot cement sidewalk shall be installed at the expense of the Lot Owner, according to the specifications of Hillsborough County, Florida, the line and grade of the said sidewalk to be in accordance with a site plan approved by the Developer.
  14. Each lot, whether occupied or unoccupied, shall be maintained reasonably clean and free from refuse, debris, unsightly growth and fire hazard.
  15. Easements for drainage and/or for installation and maintenance of utilities are reserved as shown on the recorded plot. Within these easements, no structure, planting or other material shall be placed or permitted to remain, which may damage or interfere with the installation and maintenance of utilities or which may impede the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
  16. In connection with the development of any lot for residential purposes, or the obstruction of improvements thereon, reasonable care shall be used to preserve and retain as many trees as is reasonably possible. No excavation or fill or clear cutting of trees shall be performed in violation of law.
  17. No boat, boat trailer, camper, mobile home, travel trailer, commercial van, commercial truck, trailer, motorcycle or other similar motor vehicle shall be permitted to remain on any lot or public street unless inside a garage or otherwise parked, stored or located in such a manner and location on a lot so as not to be visible from the public streets or neighboring lots.
  18. Exterior Attachments: No clotheslines, or clothes hanging devices exterior to a residence, and no exterior radio, television, electronic or like antennas, aerials or transmission or receiving tower(s) apparatus or devices or other similar or dissimilar exterior attachment shall be installed, permitted, or located on any lot in such a manner or location as to be visible from the public streets or neighboring lots.
  19. No stripped, unsightly, offensive, wrecked, junked, or dismantled vehicles or portions thereof, no furniture or appliances designed for normal use or operations within (as distinguished from outside of) dwellings, shall be parked, permitted, stored or located upon any lot in such manner or location as to be visible to any other lot or from the street. No building or improvement which has been partially or totally destroyed by fire or other casualty shall be allowed to remain in such state for more than six months from the time of such destruction. If reconstruction or repair of any such buildings or improvement is not so commenced within six months, the owner thereof shall raze or remove the same promptly from such owner’s lot. All lots, whether occupied or unoccupied, and any buildings, structures or improvements thereon, shall at all times be maintained in such a manner as to prevent their becoming unsightly by reason of unattractive growth on such lot or the accumulation of rubbish or debris thereon. Every building, structure or other improvement, the construction of which is begun on any lot, shall be diligently and continuously prosecuted after the beginning of such construction or placement and the same shall be fully completed, except to the extent prevented by strikes, lockouts, boycotts, the elements, war, inability to obtain materials, acts of God or similar causes within 12 months from the date of commencement of construction thereof.
  20. Nothing contained in these Restrictions shall be interpreted or construed to prevent the Developer, its successors or assigns or its or their contractors, or subcontractors, from doing or performing on all or any part of the properties owned or controlled by the Developer, or its successors or assigns, whatever they determine to be reasonably necessary or advisable in connection with the completion of the development, including without limitations:
    1. erecting, constructing, and maintaining thereon, such structures as may be reasonably necessary for the conduct of the Developer’s business of completing the development and establishing the properties as a residential community and disposing of the same in lots by sale, leases, or otherwise; or,
    2. conducting thereon its or their business of completing the development and establishing the properties as reasonably necessary in connection with the sale, lease, or other transfer of the properties in lots; or,
    3. maintaining such sign or signs thereon as may be reasonably necessary in connection with the sale, lease, or other transfer of the property in lots.
  21. Developer, or its successors or assigns, may place, build, erect and/or install wall(s) and/or fence(s) along Miller Road and Bloomingdale Avenue. No lot owner, or other person without the express written consent of Developer, or its successors or assigns, shall paint, deface, alter the appearance, change or renovate, such wall(s) or fence(s) in any manner whatsoever, nor shall any attachments be made thereto of any nature. It is intended that once the Developer originally constructs said wall(s) and/or fence(s), no lot owner or other person shall change the architectural or visual appearance, or affect the structural integrity, or such wall(s) or fence(s), without the express written consent of the Developer in the reasonable manner required hereunder. Should Developer fail to respond to a submittal of a rendering and/or site plan within the time required, then the Developer shall be conclusively presumed to have approved same. Upon approval of said renderings and/or site plans, the Owners may proceed with the construction of improvements as long as the final plans for same are in substantial accordance with those which have been previously submitted to the Developer.
  22. The Developer, in order to preserve and maintain the aesthetic qualities of its overall development, which includes other property in close proximity to the land described in Exhibit “A” requires architectural control and written approval with respect to an Owner’s building program. The Owner therefore shall provide the Developer with preliminary artist renderings of the elevations of the buildings to be constructed along with the site plans showing locations of all buildings prior to any construction. It is understood that the site plans shall be consistent with the approved governmental zoning then existent for the property. The Developer shall have a period of two weeks from receipt of said documents in which to approve the rendering and site plan. Said approval shall not be unreasonably withheld and should Developer disapprove, it shall be within the time provided, given the Owner’s written notice of its reasons for disapproval. Such disapproval shall not, at any time, limit the Owner’s right to resubmit renderings and site plans until same are approved by Developer in the reasonable manner required hereunder. Should Developer fail to respond to a submittal of rendering and/or site plan within the time required, the Developer shall be conclusively presumed to have approved same. Upon approval of said renderings and/or site plan the Owners may proceed with the construction of improvements as long as the final plans for same are in substantial accordance with those which have been preciously submitted to the Developer.
  23. The area(s) shown as “conservation areas” on the recorded plot of the property subject to these Restrictions shall be left to remain and survive intact, in its present, natural condition and state. The disturbance in any manner of the existing, natural condition, character and state of “conservation areas”, or the vegetation thereon, or the ecology, topography or bionomics thereof, is absolutely prohibited. It is the intention of the undersigned that the “conservation areas” shall not be changed, disturbed, used, affected or molested in any manner whatsoever, except as permitted or required by law.
  24. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
  25. If any person shall violate or attempt to violate any of the restrictions herein, it shall be lawful for any other person or persons owning any real property which is subject to this Declaration of Restrictions to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such restrictions, to prevent him or them from so doing, and/or to recover damages for such violations.
  26. Invalidation of any one of these covenants or any part thereof by judgment or Court Order shall in no way affect any of the other provisions, which shall remain in full force and effect.
  27. Section 24, filed April 22, 1996: “Each Owner must repair, replace and maintain the roofs, gutters, downspouts, lawns, shrubs, landscaping, walks, fencing, exterior building surfaces, windows, doors, trim members, driveways, and other exterior improvements and attachments from time to time situated on such owner’s lot. Each Owner is required to sod his lot as appropriate. Each Owner’s duty of maintenance includes any and all easement areas upon such Owner’s lot except as provided in [Number 15 above]. No Owner may permit any waste to the exterior portions of such Owner’s lot. Each Owner must make all repairs, maintenance and replacements necessary to attachments and appurtenant driveways, if any, in a safe, sanitary and reasonably attractive condition.”
IMPORTANT NOTES:
  • The Buckhorn Estates Homeowners Special Dependent District , responsible for maintaining the entrances and other common areas of the Buckhorn Estates Development, and the Buckhorn Estates Homeowners Association, responsible for all other Buckhorn Estates Development business and activities, may be contacted by phone at 813-681-0125 (Options #1 or #2, Talk Immediately upon hearing the beep), or through its Web Site e-mail at www.Buckhorn.us .
  • Annual Buckhorn Estates Homeowners Association membership fees are due on the beginning of each calendar year. These dues are to be paid by check to: Buckhorn Estates Homeowners Association, P.O. Box 1586, Valrico, Florida 33595. Current dues are $30 per year, but may change in future years.
  • The above summary of the DECLARATION OF RESTRICTIONS for BUCKHORN ESTATES DEVELOPMENT are recorded in the Hillsborough County official record in full legal form for each Addition of Buckhorn Estates Development (Seven (7) separate housing “Additions”) at the Public Records Office of Hillsborough County, Florida. They were prepared by DEVCO Development Corporation, and by SICO, Inc. a Florida corporation. For the sake of printing purposes, the articles one (1) through twenty-seven (27) have been reproduced above. The witnessing and recording of such have been omitted, but are available for review in county records. The Buckhorn Estates Homeowners Association will have copies of all DECLARATION OF RESTRICTIONS available for viewing at its General Membership Meetings. Costs of reproducing these documents for Owners is prohibitive for the Association. The attorney of record used in the development and filing of these documents is Judith L. James, Esquire, of Molloy, James & Peterson, 325 South Boulevard, Tampa, Florida, 33606. Other additional attorneys may have been involved.
  • It is not the place for the Board of Directors nor any member of the Buckhorn Estates Homeowners Association to provide legal guidance on the Restrictions printed above. If you require interpretation for construction or legal aspects of the restrictions it is recommended that you consult a qualified real estate attorney. The Board of Directors and its members are available to provide information on enforcement activities.