DESTINAIR VILLAGE COVENANTS, CONDITIONS & RESTRICTIONS RESIDENTIAL REGULATIONS
Building parcels shall be used for single family residential purposes only. No lot shall be subdivided. Certain Home Occupations are permitted under special conditions.
Residences shall contain a minimum of 2,000 square feet of habitable area, exclusive of garages, accessory buildings, hangars, porches. All lots shall provide 2 covered & 2 uncovered parking spaces, minimum size 91 x 201, within the buildable lot area.
All Construction within DESTINAIR VILLAGE shall conform to an architectural character reflecting a 1920 – 30 style appropriate to the Northwestern Florida climate. Examples can be seen in the Historic District of De Funiak Springs & in the Developer’s Offices. Hangars & accessory buildings shall conform in architectural character to that of the residence.
All Construction Activities shall be performed in conformance to all current ordinances, codes & regulations of the Governmental Agencies having jurisdiction within the property boundaries. All construction documents shall have a statement to this effect on each page, signed & sealed by a Registered Architect or Engineer.
Additionally, all Construction Documents shall bear the Approval Signatures of the Community Association Architectural Review Board, before submital to the Local Building Authority.
All construction projects within the Community shall be submitted for approval to the Community Association Architectural Review Committee for approval prior to any construction activity.
Site Plan on a 8 1/2 x 11 inch sheet, scale : 1 inch = 30 feet, indicate setbacks, building outline, square footages, dotted roof overhangs, highest elevation of buildings, inventory of existing site vegetation as to size & type
Building drawings at 1/4 inch = 1 foot Site Plan ( at appropriate scale ), Floor Plans, Square Footages, Exterior Elevations, Roof Plan, Landscape Plan (indicate exist plant materials to be removed ), Drainage Concept, Color Samples & Schedule of Exterior Materials
A nonrefundable fee of $50.00, Check to be made out to the Community Association noted “for architectural review”.
The Community Association Architectural Review Committee shall consist of a Registered Architect, the Developer, 3 additional Community Residents.
The Architectural Committee shall, in writing, approve or submit a list of reasons for disapproval, within 30 calendar days of receipt of the submital for review.
No removal or trimming of any existing vegetation shall be done without a drawing indicating location & description of the proposed work being submitted & approved by the Community Association Architectural Review Committee. During the progress of the work, the Committee is to be notified so as to have a field inspector available during the progress of the work to verify conformance to the approved submital.
Buildings must conform to all setback requirements as indicated on the subdivision & parcel plot plans.
Construction shall begin within 2 years after the contract for sale is signed by the purchasers. All construction shall be completed within one (1) year from commencement.
No temporary buildings, prefabricated or mobile homes shall be placed on the property.
All services shall be run underground.
All radio, TV or other antennas shall be subject to FAA regulations concerning obstruction placed in the vicinity of Airports. No antennas or towers may exceed 50 feet in height.
No commercial trade or activities are permitted on residential parcels.
In the Airpark Subdivision, the area within the required yard setbacks, adjacent to the runway & street/ taxiways, indicated on the Subdivision & Parcel Plot Plans, no feature – constructed or vegetative, shall exceed 12 inches above the finish grade.
Any non-approved improvement shall be removed within 30 days of notification from the Community Association Architectural Committee by the property owner. If, after this period, the Owner has not undertaken to remove the non-approved improvement per the Notice given, the Community Association shall contract to have the non-conforming improvement corrected, with the charge reverting to the Property Owner as a recorded lien on the Property. All costs incurred by the Community Association in this matter shall be included in the total Lien amount recorded.
Lots & yards are to be kept clean, mowed, free of debris & presentable to the standard of the community. The Community Association or its assignees shall have the right, after due notification to the Owner, to service any Lot to comply with the Standards established. A reasonable charge shall be assessed to the Owners. Failure to reimburse the Community Association for these services, shall cause a lien to be recorded against the lot.
Outside storage will not be permitted & any disassembled aircraft or vehicle must be kept in an enclosed hangar or accessory building. Operable aircraft may be temporarily stored outside.
All animals must be confined or on a leash at all times. The Association may seize & confine free roaming animals.
CONDITIONS, COVENANTS & RESTRICTIONS
These Conditions, Covenants & Restrictions shall be a Covenant running with the land & shall – be binding on all parties and/or persons-claiming*under or through them for a period of twenty-five ( 25 ) years from the date hereof, & shall be automatically extended for an additional twenty-five ( 25 ) years, at which time an affirmative vote by 3/4 of the recorded property owner shall extend the CC&R’s for additional 25 year periods.
These Conditions, Covenants & Restrictions may be revised or amended at any time upon an approval vote of three quarters ( 3/4 ) of the recorded property owners. These revisions & amendements shall be written, recorded & become a part of the Recorded CC&R’s of Destinair Village.
THE COMMUNITY ASSOCIATION
All recorded property owners within DESTINAIR VILLAGE are members of the Community Association, may vote, & are obligated to pay Association dues & applicable Assessments.
Biannual Community Association meetings shall be held to conduct such business as the Community Association Board of Directors deems necessary, for presentation & approval of yearly Association operational budget & for open forum of general community business. Special meetings may be held upon due & proper notification to all members.
All actions must receive a 75% vote of attendees & proxies, properly presented.
The organizational structure for the Board of Directors of the Community Association shall consist of President, Vice President, Secretary, Treasurer & 3 other Community Association members.
DUES & ASSESSMENTS
Invoiced dues assessments unpaid by the property owner within 30 days after billing, shall be refered to the Board of Directors of the Community Association for further actions. Refusal to pay accounts receivable, will result in a Lien being recorded against the subject property. All expenses connected with this recordation shall be included in the Lien amount.
Dues are to be used for’the maintenance of the common areas & facilities thruout the development, for the maintenance of the Bath & Raquet Club & any other activities that the Board of Directors decrees & the Community Association members approve at the biannual or special meeetings. Additional assessments shall be made to the residents of the Airpark Community for the maintenance of the private streets/ taxiways, Community access gates, maintenance & usage of the airstrip & related facilities.
All purchasers of property within DESTINAIR VILLAGE acknowledge that they are aware that this is a fly in community & waive any objection to aviation activities. These restrictions & covenants run with the land, & shall bind the Buyers, their heirs, executors, administrators, personal representatives & assigns. If any of them violates or attempts to violate any of the CC&R’s herein contained, the Community Association shall have the right to prosecute any proceedings at law against those in violation & to recover all damages & costs.
A fly over easement exists over all lots within DESTINAIR VILLAGE for the operation of aircraft & includes an easement for aircraft sounds.
Use of the airstrip, taxiways, streets & other common areas is subject -to the rules & procedures established by the Developer & the Community Association Aviation Committee. All aviation activities shall be in accordance with FAA Regulations & Procedures set out in the Airmans Information Manual, current edition, & any other special procedures established by the Aviation Committee.
On street/ taxiways, aircraft shall have the right of way & all other traffic shall provide clear, safe passage. Entry onto street/ taxiway easements is permissible for all vehicles & aircraft.
Useage of the runway & airstrip facilities shall be limited to qualified, FAA licensed residents & guests of DESTINAIR VILLAGE or approved operatons connected to DESTINAIR VILLAGE.
Commercial flying activities are not permitted. No commercial student training activities are permitted, except for resident instructors training or qualifying resident students.
All airshows, group fly-ins, exhibitions, or other aviation oriented activities shall have prior approval of the Aviation Committee. Use of facilities by non members may be prohibited for unsafe practices or violation of procedures.,
Aerial access to DESTINAIR VILLAGE is closely controlled by FAA & Eglin AFB. Published approach & departure procedures & courses must be adhered to. Deviation will cause FAA action.
The runway & airstrip facilities shall remain operational during the time period of these CC&R’s & is subject to the modifications thereto.
All tenant & lease, rental or renewal arangements must have prior approval of the Community Association. Basing of aircraft by non residents not in residence is not permitted except as part of an approved rental or lease agreement. Residential units placed within the DESTINAIR VILLAGE property management pool for rental, shall be permitted aircraft visitation rights. Such aircraft shall be kept in either the units hangars or at the FBO tie down area.
The developer specifically reserves a 30 foot easement along all lot lines adjacent to the runway & street/ taxiways to help insure proper wing clearance that will allow passing of two aircraft. Parking within this area in not allowed.
All aircraft at DESTINAIR VILLAGE shall be safely compatible with conventional aircraft & must follow safety rules, standard flight patterns & operating procedures.
Fuel storage on each site shall not be permitted. Fueling facilities will be maintained at the airstrip FBO location.
All aircraft using DESTINAIR VILLAGE facilities must carry a minimum one million dollar ($1,000,000 ) liability insurance policy on each aircraft by the registered owner.