About Danbury Mill
Danbury Mill is a beautiful, planned community with many amenities and common areas. The Declaration of Covenants, Conditions and Restrictions for Danbury Mill (the "Covenants") is filed in the public records for Seminole County. The Covenants are permanent deed restrictions that limit our rights as individual property owners. The Covenants place certain enforceable obligations on each property owner for the benefit of the entire community. A copy of the Covenants was provided to each property owner at the time of purchase. If for some reason you do not have one, the major items are outlined in General Restrictions. A complete copy of the covenants can be purchased through our management company.
To ensure that the plan for Danbury Mill is followed, the Covenants created the Danbury Mill Homeowners Association (DMHOA) requiring each homeowner to be a member and pay quarterly dues. The DMHOA Board of Directors (Board) is charged with the responsibility of enforcing the Covenants and for maintaining the common areas. To assist the Board in enforcement, the Covenants specifically created the Architectural Review Board (ARB) and gave it broad authority for enforcing the architectural integrity of the community. The Board appoints members of the ARC.
Actions taken by the ARB are intended to be neighborly reminders that we each have specific performance obligations as property owners. The Covenants are to protect us all. However, when property owners or their tenants refuse to meet the common obligations, the Covenants provide the Board with specific enforcement powers, including the authority to correct problems and levy the cost against the property owners.
If you are new to a Deed-Restricted Homeowners Association or want to learn more about the legal aspects of one, please read the article below.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Understanding the HOA Creature by Association Developments
Today most houses and residences being sold in Florida are subject to such governing documents because they are part of a subdivision governed by an Association. Unfortunately, all too often, the closing agent, the attorneys, the sellers, and the realtors fail to disclose – much less point out the existence of a Homeowners Association and the ramifications of having a mandatory Homeowners Association. Understand the Homeowners Association is here for your benefit. It is here to protect and preserve your property values and ensure that all of your neighbors comply with the governing documents so that you are not subjected to certain improper conduct and unwanted behavior.
In communities with mandatory Membership Associations which are subject to such governing documents, each owner basically gives up certain rights so that they can acquire significant protections. Part of these protections exists by virtue of requiring certain activities of your neighbors. These protections and the restrictions are laid out in the governing documents. However, by way of example, most people do not want to live next to:
1. a junk yard.
2. a house with blazing neon signs; and
3. a house painted purple with pink polka dots.
One of the reasons why people do not want to live in a community with these types of activities is because the property values have a tendency to plummet. Therefore, the laws of the State of Florida have created a means of protecting the owners, and in fact, have provided the owners through the Association with a vehicle to enforce these rights. While it is anticipated that nobody will like each and every provision set forth within the governing documents, in general the governing documents should benefit each and every one of the owners. However, even if this were not the case, each and every owner would still be required, by law, to comply with the provisions of the governing documents and the Florida Statues. The reasons that compliance is mandatory and even required by law are recited below.
The Declaration of Covenants and Restrictions constitutes in the nature of a “covenant running with the land”. Generally, this means that purchasers and tenants, have record title notice of the existence of that Declaration and have agreed to abide by each and every term set forth therein. Many owners may say “but I did not know of the existence of the Declaration” or “no one told me of the existence of the Declaration”. While such statements may be true, the responsibility for knowing of the existence of the Declaration lies with the owner and the tenant.
Generally, the Declaration of Covenants and Restrictions are recorded in the county records prior to the time that each and every one of the Lot owners took title to their Lot(s). Hence, you did have record title notice of the existence of the restrictions. Additionally, by virtue of the Declaration being recorded prior in time to the deed by which each owner took title to his Lot, the Declaration takes precedence over the deed. Therefore, each owner by law tacitly agrees when he purchases a Lot that he will abide by the Declaration. Understand the Declaration is in the nature of super contract between Association and each of the owners. In fact, if you question the enforceability of the Declaration, please pull out your own title insurance policy. Within it you most likely will see that title to your property is subject to the Declaration of Covenants and Restrictions (i.e. the title policy does not insure the owner against the requirements of the Declaration).
In addition to the fact that your Declaration constitutes a covenant running with the land and is therefore enforceable, the Florida Statutes have expressly mandated that:
each owner, tenant and guest shall comply with the governing documents (i.e. Declaration, Articles of Incorporation and Bylaws, etc.); and that the governing documents may be enforced against owners, tenants and guests by the Association.
Obligations of members; remedies at law or in equity;
1. Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, 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 any member against:
(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. (emphasis added).
Please understand that the reference to “Member” in the above Statute equates to and means the “owner” of a Lot. Given the above, a violation of the declaration constitutes a violation of the Florida Statues (i.e. it is unlawful). Therefore, any time someone violates the Declaration, they are also violating the Florida law.
Often we see individuals who want their Board of Directors to ignore the covenants. Please do not request this of your Board of Directors as they have a fiduciary duty, which ostensibly includes endeavoring to abide by the Documents and the Florida Statutes. Understand each of the other owners has a right to expect that the Documents will be enforced for their protection. Nevertheless, please understand that the Association is not an insurance company, which guarantees that no violation shall ever occur. Rather, the Association intends to compel compliance and require compliance as soon as it learns of a violation. Additionally, often we hear the defense “this violation occurred prior to my purchasing the house”. Understand, by virtue of the Declaration constituting a covenant running with the land, it is the Lot in addition to the activities of the owners or residents, which must be in compliance. Therefore, if a violation is discovered later with respect to your Lot, the Association ostensibly has the right to enforce compliance regardless of ownership. This of course means the owner of the Lot who currently exists may bear the brunt and the burden of such compliance. Remember, you as the purchaser had record title notice of the existence of the Declaration and what was required.