1. How do I contact the homeowners' association?

2. What is the purpose of the homeowners' association?

3. What power does the homeowners' association have?

4. What is a 'Courtesy Notice' and what do I do if I should get one?

5. Are there any fines for covenant violations?

6. I am selling my home what do I need to do?

7. What is considered a commercial vehicle?

8. What colors can I paint my house?

9. What do I have to do to put a pool in?

10. What architectural and construction restrictions are there?

11. What is not permitted by association rules?

12. What are my responsibilities as a homeowner?

13. When is there bulk trash pickup?

14. What days are for regular trash pickup?

15. When can I put my trash out and when do I have to put my trash cans away?

16. Where do I find the rules of the association?

17. What phone numbers are important to me as a new homeowner?

18. What are my responsibilities if I rent my house?

19. Do I need to register my alarm system?

20. What do I need to do when a neighbors alarm goes off?

1. How do I contact the homeowners' association?

You can  write or email the association.

Postal address: Waverly Hundred Homeowners' Association, Inc. c/o Miami Management, Inc. 1145 Sawgrass Corporate Parkway, Sunrise, FL 33323

Association Electronic mail: info@waverlyhundred.org 

                                                                            

2. What is the purpose of the homeowners' association?

The purposes for which the Association is organized are:

1. To promote the health, safety, and welfare of the owners of Lots in the Property.
2. To provide an entity to perform the duties and obligations as provided for in the Declaration on behalf of the Members.                                                   

3. What power does the homeowners' association have?

Except as limited by our Articles of Incorporation and the Bylaws of the Corporation, the Association has all the powers granted by Florida Law and those powers reasonably necessary to perform all the acts required to be performed by the Association under the Declaration, including but not limited to the following:

4. What is a 'Courtesy Notice' and what do I do if I should get one?

The 'Courtesy Notice' is the first alert notice sent by the board of directors that there is a "possible" violation on a homeowner's property. This notice is not required by our by-laws but is more of a means with which the notice of a problem is kept "in the family" - in other words no attorney involvement - and the homeowner has a chance to fix the problem, or notify the board of a planned solution, by the date assigned in the letter, usually about 2 weeks after the date of the letter.  A remedial plan can be sent to the board or action taken to resolve the problem by the date assigned in the notice.    If neither of these steps are taken by the homeowner a 'Legal Notice' is sent requesting resolution of the infraction within the 30 days specified by our Declaration of Covenants.  About 85 - 90% of the problems are resolved through the use of the 'Courtesy Notice'.  If there is still no resolution 30 days after the 'Legal Notice' is received by the homeowner the violation documents are forwarded to the Association attorney for final action.

5. Are there any fines for covenant violations?

The Association has no vehicle for levying fines for covenant violations.  The closest thing we do have is the attorney's charges for his time for providing motivation to homeowners who have covenant violations which were not resolved through our use of the 'Courtesy Notice' and our 'Legal Notice'.  The responsibility for these charges is designated in paragraph 9.03 of the Waverly Hundred Homeowners' Association Declaration of Covenants.

6. I am selling my home what do I need to do?

Make sure that your title company informs the homeowners' association of the sale and who the new owners are.  This will allow the Association to keep the records accurate.  The Realtor must supply the new owners with copies of the bylaws and declaration of covenants of the association.

7. What is considered a commercial vehicle?

Paragraph 4.06 of the covenants covers motor vehicles. 

4.06 Motor Vehicles. All trucks and commercial vehicles shall be required to be parked in a garage and shall not be permitted to be parked or stored in any other place on any Lot except during periods of approved construction on a Lot. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles such as for pick-up, delivery and other commercial services. No vehicle without a current valid license plate shall be permitted upon any Lot. Vehicles which are missing one (1) or more wheels or which are not in an operating condition shall not remain upon any portion of any Lot for more than two (2) consecutive days. No airplanes, helicopters, or gliders shall be permitted upon any Lot. No major maintenance or repairs shall be performed upon any vehicle, boat, or similar machine or portion thereof on any Lot, except within an enclosed garage. No recreational vehicles, swamp buggies, or airboats shall be parked overnight on any Lot, except in an enclosed garage. Boats must be kept out of sight in side yards, and not visible from the streets, or kept in enclosed garages.

Personal pickups are exempted from this definition unless signs are posted on them or it becomes obvious by the contents of the bed that the pickup is is being used for purposes other than personal transportation.

8. What colors can I paint my house?

Houses should be painted colors that are in harmony with the rest of the houses in the community.

9. What do I have to do to put a pool in?

The Declaration of Covenants of the Waverly Hundred Homeowners' Association requires that homeowners request approval for any type of building construction, fencing, sprinkler systems, swimming pools, etc. Requests must be submitted to the Association address and contain the following:

1. A letter addressed to the Association by the homeowner(s,) which contains the following information:

1. Name(s) of homeowner(s)

2. Lot and block numbers of property to be improved

3. Address of improvements

4. Description of improvements

2. Detailed architectural plans and specifications, enclosed with a self addressed stamped envelope.

3. Detailed diagram on a copy of the land survey showing location of improvements, enclosed with a self addressed stamped envelope.

The request will be reviewed by the Association Board of Directors in a timely manner and the homeowner(s) will be notified of their decision in writing. Allow at least 2 weeks for the approval process.

Waverly Hundred Homeowners' Association, Inc. c/o Miami Management, Inc. 1145 Sawgrass Corporate Parkway, Sunrise, FL 33323

10. What architectural and construction restrictions are there?

3.01 Construction. No improvement or structure of any kind, including, without limitation, any building, fence, wall, swimming pool, tennis court, screened enclosure, sewer drain, disposal system, decorative building landscape device or object, or other improvement, shall be commenced, erected, placed, or maintained upon any Lot whether or not the purpose thereof is purely decorative or otherwise, nor shall any addition, change, or alteration therein or thereon be made unless and until the plans, specifications, and location of the same shall have been submitted to, and approved in writing by Declarant, or after the termination of the Development Period, by the respective Associations under Section 3.03. All plans and specifications shall be evaluated as to harmony of exterior design, materials, and location in relation to surrounding structures and topography and as to conformance with this Declaration. If Declarant approves plans for a Developer's model home such approval shall be deemed the approval for all subsequent construction of single family residence constructed under the approved plans and no subsequent approval shall be needed except approvals must be obtained if there are any subsequent substantial exterior modifications to the plans by a Developer or an individual prior to the issuance of a Certificate of Occupancy for such single family residence.

3.02 Construction. If construction of any improvement shall not commence six (6) months after the date of such Declarant's approval of plans and specifications as provided in Section 3.01 the approval shall become null and void unless Declarant extends the time in which to commence the construction. Upon commencement, construction shall be prosecuted diligently and completed within a reasonable period of time not to exceed twelve (12) months, unless such time is extended by Declarant. Site appearance during construction shall be kept in a neat and orderly condition so as not to cause an unsightly condition. No dumping of building materials is permitted on any Lot and all construction material shall be disposed of in the manner conforming to the requirements of Broward County. In the event the Lot Owner, Parcel Owner, or Developer, or his agents, contractor or subcontractor shall fail to maintain the site as specified and continue such failure more than seven (7) days following delivery of a written notice with respect thereto from Declarant, Declarant may order a clean-up of the site and assess the respective Owner the cost and expense thereof and enforce payment of same as provided in Section 10.

3.04 Restrictions. The architectural and construction restrictions pertaining to the Lots are contained in Sections 3.05 through 3.13. When the Association is granted right of approval or discretion as to any matter described in those Sections such right of discretion shall be exercised by Declarant only during the Development Period.

3.05 Homes.

A. No building shall be erected, altered, placed, or permitted to remain on any Lot other than one (1) detached single family dwelling containing livable enclosed floor area of not less than the total square footage described herein, exclusive of open or screened porches, terraces, garages, pools, out buildings, and tennis courts. A dwelling on any Lot shall contain no less than 1100 square feet of livable enclosed floor area on the first floor. The total required square feet of livable enclosed floor area of any single-family dwelling shall be as follows:

1. As to Lots in Block 1 through Block 5, a minimum of twelve hundred fifty square feet (1250').

2. As to Lots in Block 6 through 13, a minimum of eighteen hundred square feet (1,800').

B. Single-family dwellings shall not exceed thirty five (35) feet in height and shall have roofs made of cement tile, vitreous clay, or wood shingles, except that dwellings may have "built-up" roofs which overhang patio areas not visible from the street. Minimum roof pitch shall be not less than (rise over run) 5/12 unless contemporary design requires same and written approval is given by the Association. Unless approved by the Association as to use, location, and architectural design, no garage, tool or storage room may be constructed separate and from the residential dwelling and if such structure is approved it may not be constructed prior to construction of the main residential dwelling.

The following paragraph C is the first amendment to the Covenants dated 20 January 1993

C. Aluminum roofs to cover patio areas may be approved by the Association if they are part of a screened enclosure, are professionally constructed, meet all local building codes, and do not:

1) extend beyond the side of the original rooflines of the home

2) fall within 10 feet of the rear lot line; or

3) require additional supports or buttressing within the structure.

Any aluminum roof structure must be in harmony with the existing structure, location, and appearance of the home in order to not violate Section 3.01 of the Covenants.

3.06 Garages. Each dwelling on a Lot shall have a private and enclosed garage for not less than two (2) nor more than four (4) cars. All garages located on Lots shall have a minimum width of 16 feet for a two (2) car garage 28 feet for a three (3) car garage and 38 feet for a four (4) car garage as measured from the inside wall of the garage. All garages must have either a single overhead door with a minimum door width of sixteen (16) feet for a two (2) car garage or two (2) sixteen (16) foot doors for a four (4) car garage or two (2), three (3), or four (4) individual overhead doors each with a minimum of eight (8) feet in width. No carports will be permitted unless approved in writing by the Association. If prior written consent is obtained from the Association garages may be enclosed for air conditioned living space.

3.07 Set Backs. Except as provided in this Section, no building, or any part or any projection thereof, shall be erected on any portion of the Lots within five feet (5') of any side lot line, ten feet (10') of any rear lot line, five feet (5') of any drainage easement, or within twenty-five feet (25') of any right-of-way contiguous to the front lot line or ten feet (10') from any right-of-way contiguous to the side or rear lot line. A roof overhang of any building may project into a set-back area no more than two and one-half feet (2 1/2'). Any set-back shall be enlarged to prevent any building or any part or any projection thereof (except for the aforesaid permitted roof overhang projection) from encroaching upon any drainage or other public utility easement. Pools, patios, and screened enclosures without roofs shall only be required to set back five (5) feet from the rear lot line of any Lot. Where Lots have curved property lines, set-back distances shall be taken at right angles with the tangent to the curve. All other set-backs shall be measured at right angles to the lot line.

3.08 Driveway Construction. All dwellings shall have a paved driveway of stable and permanent construction which shall be not less than sixteen (16) feet in width at the entrance to the garage. ALL driveways should be constructed with concrete, asphalt, or a comparable material approved by Declarant. If the driveway is elevated above the natural topography, the sides shall be sloped (rise/run) no greater than 1/4 and shall be grassed or sodded. If the driveway is elevated above the natural topography and does not provide a drainage swale at the right-of-way line then six (6") inch drainage culverts of P.V.C. Schedule Forty (40) pipe or other culvert material, approved in writing by the Association, shall be installed at the minimum elevation in any driveway which might act as a dike or impediment to the natural flow of water.

3.09 Property Elevation. No changes in the elevation of a Lot shall be made without the prior written approval of Declarant. No fill shall be used to extend a Lot beyond the lot line. No sod, top soil, rock, gravel, sand, clay, or earth, except for the landscaping, shall be removed from the Lot, or any lake or pond dug, without the written consent of the Association and no change in elevation resulting in surface water drainage onto another Lot shall be permitted.

3.10 Landscaping. A landscaping plan for each Lot must comply with the ordinances of the governmental body having jurisdiction over the Lots. Each Lot shall be fully sodded, including the area, if any, between the lot line and the street pavement. No Bahia grass or sod shall be used except for the area between the lot line and the street pavement. No gravel or pavement shall be used as a ground cover unless approved by the Association.

3.11 Fences and Walls.

A. The composition, location, and height of any fence or wall to be constructed on any Lot shall be subject to the prior written approval of the Association. All fences shall be erected so as not to interfere with drainage, maintenance, or utility easements. No barbed wire, wire mesh, chicken or hog wire fences shall be allowed. No chain link or cyclone fence shall extend closer to the front of a Lot than the front of the dwelling. Fences and walls shall be at all times maintained in good repair and condition.

B. No fence, wall, hedge, or shrub planting which obstructs the line of sight and elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at a point twenty-five (25) feet from the intersection of the street lines or, in case of a rounded Lot corner, from the intersection of a street property line with the edge of a driveway. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such lines of sight.

3.12 Play Structures. All basketball backboards and play structures, including, but not limited to, swing sets and playground equipment, shall be located at the rear of the dwelling or on the inside portion of corner Lots within the set-back lines, but in no event closer to the front of the Lot than the rear line of the dwelling unless an exception is granted, in writing, by the Association. No doghouse, playhouse, or similar structure shall be constructed on any part of a Lot in front of the rear line of the residence thereon and all such structures and their locations must, prior to construction, be approved, in writing, by the Association.

3.13 Recreational Areas. Any swimming pool, tennis, racquetball, handball, basketball, badminton, or similar courts or recreation areas to be constructed on any Lot shall be subject to the requirements of the Association which include, but are not limited to, the following:

A. Composition to be of material thoroughly tested and accepted by the industry for such construction.

B. Such facility must be constructed on the same Lot as the residence of the Lot Owner and the location of such facility on such Lot must be first approved, in writing, by the Association.

C. Lighting shall be designed so as to buffer lighting from the surrounding residences to prevent same from constituting a nuisance.

11. What is not permitted by association rules?

USE RESTRICTIONS

4.02 Residential. Each Lot may be used for a residential dwelling for one (1) family only and for no other purpose. No business or commercial building may be erected on any Lot and no business or commercial activity, or any advertising thereof, may be conducted on any part thereof.

4.03 Nuisance. No nuisance shall be permitted to exist or operate on any Lot to the detriment or continued annoyance of any Lot Owner in the vicinity of such nuisance.

4.04 Trash/Clotheslines. No Lot shall be used as a dumping ground for rubbish, trash, or other waste. All trash, garbage, and other waste must be kept in sanitary containers and, except during days of pick-up, shall be totally shielded from public view. Such enclosures must be constructed with the dwelling and be approved by Declarant. No exterior clotheslines will be permitted as to any Lot visible from any street.

4.05 Temporary Structures. No structures of a temporary character or tents, sheds, tanks, mobile homes, campers, barns, motorized vehicles, trailers, vans or out-buildings shall be used on any Lot as a residence, either temporarily or permanently, and such structures shall not be erected or permitted to remain on any Lot without the written consent of Declarant.

4.06 Motor Vehicles. All trucks and commercial vehicles shall be required to be parked in a garage and shall not be permitted to be parked or stored in any other place on any Lot except during periods of approved construction on a Lot. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles such as for pick-up, delivery and other commercial services. No vehicle without a current valid license plate shall be permitted upon any Lot. Vehicles which are missing one (1) or more wheels or which are not in an operating condition shall not remain upon any portion of any Lot for more than two (2) consecutive days. No airplanes, helicopters, or gliders shall be permitted upon any Lot. No major maintenance or repairs shall be performed upon any vehicle, boat, or similar machine or portion thereof on any Lot, except within an enclosed garage. No recreational vehicles, swamp buggies, or airboats shall be parked overnight on any Lot, except in an enclosed garage. Boats must be kept out of sight in side yards, and not visible from the streets, or kept in enclosed garages.

4.07 Signs. No sign, advertisement, or notice of any type or nature whatsoever shall be erected or displayed on any Lot except for a sign no larger than 576 square inches or where the express prior written approval of the size, shape, content, and location thereof has been obtained from the Association.

4.08 Oil Drilling and Mining. No oil or natural gas drilling, refining, quarrying, or mining operations of any kind shall be permitted upon any Lot and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any Lot.

4.09 Utility Connections. Connections for all utilities to any Lot, including, but not limited to, water, sewer, electricity, telephone, and television shall be run underground from the proper connecting points to the building structure in such a manner as to be acceptable to the Declarant and the governing utility authority.

4.10 Air Conditioning Units and Antennae.

A. No window air conditioning units shall be permitted to be installed in or extend from the front or sides of a single family dwelling without the consent of the Association.

B. Except as provided in this paragraph, no aerial, windmill, antennae or parabolic dishes shall be placed, or erected upon any Lot or fixed in any manner to the exterior of any single-family dwelling without the prior written approval of the Association. An owner of a dwelling may erect a standard residential television antenna attached to or supported by his dwelling if the antenna extends no more than eight (8') feet above the crown of the dwelling's roof.

4.11 Fuel Tanks and Storage. No fuel or gas storage tanks may be permitted on any Lot. That notwithstanding, a Lot Owner may keep and maintain a small heating, fuel, or gas tank for gas barbecue fireplaces, spa, or pool heating in an area on a Lot specifically approved by the Association or by rules or regulations promulgated by the Association. Propane gas tanks shall be less than 250 pounds and other fuel tanks shall have a capacity of less than 100 gallons.

4.12 Illegal Use. No illegal use may be made of any Lot or any part thereof. Each Lot must comply with all laws, ordinances, rules, regulations, or other requirements of any governmental agency having jurisdiction thereof. Compliance shall be at the sole expense of a Lot Owner.

4.13 Compliance. It is the responsibility of each Lot Owner to insure that the members of the family of the Lot Owner, his guests, tenants, invitees, and employees abide by the covenants of this Declaration and all rules and regulations from time to time adopted by the Association having jurisdiction over the Lot.

12. What are my responsibilities as a homeowner?

EXTERIOR MAINTENANCE

5.01 Lots. Each Lot Owner shall be responsible for keeping the exterior of his residential home and all other improvements situated on his Lot in a clean, sanitary, safe, and orderly condition. Each Lot Owner shall be responsible for the maintenance, replacement or repair of all doors, windows, screens, roofs, and other portions of his property and to keep the paint on the exterior walls and roof in a reasonably good state of repair. If any Lot Owner breaches this covenant the Association may enforce this covenant against the Lot Owner under the provisions of Section 10 below.

5.02 Lawn Maintenance. No underbrush and/or other unsightly growth shall be permitted to grow upon any Lot and no refuse or unsightly objects shall be allowed to remain thereon. The lawns and grounds on each Lot shall be maintained by the Lot Owner in a neat and attractive manner including, without limitation, having grass, weeds, undergrowth and other vegetation cut no less than once a month, and the shrubbery and trees located on the Lot trimmed periodically in accordance with good husbandry practices including the removal of any dead trees shrubs or plants. If any Lot Owner shall fail or decline to keep his Lot free of underbrush, refuse, and/or other unsightly objects then the Association, after providing the Lot Owner with seven (7) days written notice thereof, may enter upon said Lot and remove the refuse or otherwise cure the Lot Owner's default of his obligations hereunder. Such entry by the Association shall not be deemed a trespass and the Lot Owner shall be assessed the cost incurred by the Association in curing said default with such assessment constituting a lien upon the Lot as provided for in Section 9.08 below.

13. When is the bulk trash pickup?

14. What days are for regular trash pickup?

Regular trash pickup is every Monday & Thursday.  If a holiday falls on those days trash is still collected.

15. When can I put my trash out and when do I have to put my trash cans away?

Trash should be put out the night before regular scheduled pickup days.  Trash cans should be put away by the end of the pickup day.

16. Where do I find the rules of the association?

A copy of the association documents can be viewed on the Association Rules page.

17. What phone numbers are important to me as a new homeowner?

1. Electricity

Florida Power & Light
P.O.Box 025576
Miami, FL 33102
(954) 797-500
www.fpl.com

2. Local Phone Service

AT&T (Bellsouth)
(954) 203-2355
www.bellsouth.com

SupraTelecom
8578 N.W 23rd St.
Miami, FL 33178
888-317-8772
www.supratelecom.com

3. Water & Sewer

City of Sunrise Public Service
10770 W. Oakland Park Blvd.
Sunrise, FL 33351-6899
(954) 746-3232

4. Trash & Recycling Pickup

Waste Management
3831 N.W. 21st Ave.
Pompano Beach, FL 33073-2002
(954) 974-7500
www.wm.com

5. Cable

AT&T Broadband
18601 N.W. 2nd Ave.
Miami, FL 33169-4583
(800) 568-1212
www.attbroadband.com

18. What are my responsibilities if I rent my house?

If you rent your house the primary expectation is that you will still be responsible for seeing that compliance with the covenants and by-laws of the Association is maintained by your renters. Even though you will not be dwelling in the house you are the owner and responsible for all aspects of that ownership. Also, since our by-laws require all Association documents be delivered to the lot, the Board would like to have the address of where you will be living so that official documents can also be mailed directly to you as well as to the residence. This assures you will have your documents in a timely manner.

19. Do I need to register my alarm system?

All home alarm systems are required to be registered with the Town of Davie Police Department.  There is a $25 registration fee and the police department supplies you with a decal for you house displaying your registration number.  Please contact the Davie Police Department for more information.

20. What do I need to do when a neighbors alarm goes off?

As a good neighbor you should call the police whenever neighbors alarm goes off.  You can't always count on the monitoring company to call the police.  If you believe it is an emergency dial 911 otherwise call 954-765-4321.