RULES AND REGULATIONS OF

THE FOREST PROPERTY

OWNERS' ASSOCIATION, INC

(In Effect April 19, 2005)

I. HISTORY AND BACKGROUND

  • Legal Status
    The Forest Property Owners' Association, Inc. ("FPOA") is a not for profit Florida corporation formed on December 7, 1979. FPOA was formed under and is governed by the provisions of Florida Statutes Chapter 607 and 617 dealing with not for profit corporations and corporations in general. The organization is not a "condominium association". For federal tax reporting purposes, FPOA is a "Homeowners Association" under Internal Revenue Code Section 528. The organization files annually IRS Form 1120H and, therefore, is not subject to Federal Income Tax on association activity revenues.
  • Membership
    FPOA is not a "stock corporation;" instead it is an association of members. Membership in the Association is limited to persons (individuals, corporations, partnerships, trusts, estates, etc.) owning property in the Forest Subdivision, Lee County, Florida, commonly referred to as The Forest. Presently, membership is limited to persons owning property in the following lots, condominums, and villas: Unit One Lots (Phase I), Unit Two Lots (Phase II), Unit Three Lots (Phase III), Unit Four Lots(Oaks-Phase IV), Dove Hollow, Dove's Nest, Eagle's Landing, Fairway Woods I, Fairway Woods II, Falcon Crest, Heron Coach Houses, Heron Villas, Partridge Court, Partridge Place, Pheasant Court, Quail Cove, Sparrowood, Waters Edge.
  • Activities
    The FPOA is governed by a Board of Directors consisting of one representative per each unit of Condominiums or Villas, and three representatives per unit of lots. The activities of the Board are governed by all of the various Deeds of Restrictions, Articles of Incorporation, Bylaws and other policies and procedures of the Association. Members of FPOA are subject to certain restrictions, declarations, bylaws and rules and regulations. The major sources of these rules are as follows:
    • Unit One, Two, Three and Four lots: Deed of Restrictions for the respective units, as amended to date, Articles of Incorporation of FPOA and its Bylaws and Rules and Regulations.
    • Condominiums and Villas: Declaration of Covenants and Restrictions, if applicable, Declarations of Condominium for the respective condominiums, bylaws and Rules and Regulations for the respective condominiums, as amended to date, Articles of Incorporation of FPOA and its Bylaws, and Rules and Regulations.

      The FPOA is a corporation separate and distinct from The Forest Country Club Membership Association, Inc., although a number of its members are also members of The Forest Country Club. In addition, FPOA is a separate and distinct legal entity from the various condominiums and villas.
  • FPOA Address, E-mail and Telephone Number
    Mailing address is:
    The Forest Property Owners' Association, Inc.
    5990 Forest Blvd.
    Fort Myers, Florida 33908
    E-mail address is: fpoa@forestpropertyowners.com
    Phone# is: (239) 482-1109
    Fax# is: (239) 482-3366
    Web Site: www.forestpropertyowners.com
  • Purposes
    The major purposes of FPOA are:
    • Maintenance of grounds/roads owned by FPOA.
    • Maintenance and preservation of lighting on or affecting the properties owned by FPOA.
    • Provide gate attendant or other mechanical device at entrance points to provide restrictive access to The Forest for privacy control.
    • Enhancing and maintaining the beauty of the community.
    • Enforcement of covenants and restrictions running with the land and the deed restrictions for the various phases.
    • Maintenance and preservation of a drainage and surface water management system jointly with The Forest Country Club Membership Association, Inc.

II. HIGHLIGHTS OF COVENANTS AND RESTRICTIONS AND RULES AND REGULATIONS

  • General Rules and Regulations
    Various covenants "run with the land" within The Forest Subdivision. These may or may not be expressly mentioned in your deed but apply to all parcels located within the project. The following is a brief summary of the provisions:
    • All owners of property in The Forest are members of FPOA. All members are required to pay assessments and dues established by the FPOA Board of Directors. If dues and assessments are not paid within thirty (30) days of rendition of billings, interest will accrue at the highest rate allowed by law and vehicle bar code stickers may be canceled at gates. If payment is not made after notice of the delinquency and demand therefore, a lien may be placed upon the delinquent owner's property. Billings are rendered in December to lot and home owners. Members residing in Condominiums and Villa Associations are billed through their Associations.
    • If the Association has a lien on each Lot and Living Unit for any unpaid past due assessments and charges, together with interest, late payment penalties, reasonable attorney's fees, and collection expenses, incurred by the Association in enforcing this lien. The lien shall continue in effect until all sums secured by said lien have been fully paid, and the lien satisfied or discharged. Upon full payment, the person making payment is entitled to a satisfaction of the lien.
    • Unless a different method is required by Florida law, the Association's lien may be foreclosed by the procedures and in the manner provided by Florida law, as it may be amended from time to time, for the foreclosure of a lien upon a property for unpaid assessments. The Association may also bring an action at law against any owner liable for unpaid charges or assessments. If final judgment is obtained, it shall include interest on the assessments as above provided, collection expenses, and a reasonable attorneys fee to be fixed by the Court, together with the costs of the action. The prevailing party shall be entitled to recover reasonable attorney's fees in connection with any appeal of such action.
    • In addition to the means of enforcement provided elsewhere herein, the Association shall have the right to assess fines against a unit, a unit owner, or his guests, relatives or lessees in the event of a violation of the provisions of the Deed of Restrictions, the Articles of Incorporation, the Bylaws, and Rules and Regulations of the Association regarding the use of units, or Association property. Each such violator and the unit owner shall be given written notice of the alleged violation and the opportunity for a hearing before the Board of Directors with at least fourteen (14) days notice. Said notice shall include a statement of the date, time and place of the hearing; a statement of the provisions of the Deed of Restrictions, Articles, Bylaws or Rules which have been allegedly violated; and a short and plain statement of the matters asserted by the Association. The party against whom the fine may be levied shall have an opportunity to respond, to present evidence, and provide written and oral argument on all issues involved and shall have an opportunity at the hearing to review, challenge, and respond to any material considered by the Association. The amount of such fine shall not exceed One Hundred Dollars ($100.00) per occurrence, or the maximum permissible by law, and each recurrence of the alleged violation for each day during which such violation continues shall be deemed a separate offense and may result in additional fines, without the requirement of a separate hearing, such not to exceed the maximum permissible by law. The payment of fines shall be the ultimate responsibility of the unit owner, even when the violations for which fines have been levied arise out of the conduct of family members, guests or tenants. Any action to collect a duly levied fine shall entitle the prevailing party to an award of all costs and reasonable attorney's fees. To the extent not prohibited by law, the Association may enforce the collection of the fine by imposing a Claim of Lien on the owner's property and pursuing a foreclosure of the Association's lien.
    • A fine shall be treated as a special charge due to the Association ten (10) days after written notice from the Association to the owner of the imposition of the fine. If not paid by the due date, the fine shall accrue interest at the highest rate allowable by law, and may itself be the subject of a late payment fee.
    • No building erected for residential purposes within The Forest may be used for the purpose of any trade, business or manufacture; pursuant to existing Lee County Zoning Laws, Rules, and Regulations.
    • Prior to the external alteration of any existing structure, or erecting any structure, Two (2) complete sets of plans must be submitted to the Architectural Control Committee (ARC) for approval by the FPOA Board. A site plan must be included with the plans. One set of plans will be retained and one will be returned. Written approval must be obtained prior to clearing the lot, altering the exterior of any existing structure or erecting any structure.

      If a lot is cleared, an external alteration is made to an existing structure, or a structure is erected without written approval the owner of said property takes such action at his or her own risk. Upon written demand of the FPOA Board of Directors any such action change, alteration, or erection of a structure shall be modified or eliminated by the owner of said property, at the expense of said owner, so the property will conform with the existing FPOA Rules and Regulations, and Deed Of Restrictions. FPOA/ARC approval will not supersede any Deed Of Restrictions that might otherwise apply.
    • All structures constructed within The Forest must comply with requirements of the deed restrictions, in addition to County and State building ordinances and codes and South Florida Water Management restrictions. A copy of the applicable Deed of Restrictions is available in the public records or FPOA office.
    • No building, structure or other improvement shall be erected or altered, nor shall any grading, excavation, landscaping, change of exterior color, or other work which in any way materially alters the exterior appearance of any structure, Lot, or Living Unit be performed without the prior written approval of the ARC. In obtaining said written approval, an owner or any other person applying shall comply with all applicable requirements and procedures.
    • In order to provide guidance as to the requirements placed upon Lot Owners the following Lot Maintenance Standards and procedures have been adopted by the FPOA Board:

      All uncleared vacant lots must be kept free of excessive weed growth, tall grass, refuse piles, excessive underbrush and other unsightly growths and or vermin. It must be maintained with a cleared and mowed set-back border of six (6) feet from the property line and shall contain no underbrush, pepperbush or other growth which might reasonably interfere with the abutting properties, unless such abutting properties are also uncleared vacant lots. The purpose and standard shall be such that the lot has an appearance of care and upkeep consistent with the quality of the upkeep of the Forest in general.

      All cleared vacant lots shall meet the same standards as uncleared lots, but in addition, shall be mowed at regular intervals of at least once every two months from October 1st through May 31st and once every month from June 1st through September 30th. The cleared lots shall be kept in neat appearing condition free of high growth except for the remaining trees.

      The FPOA may notify vacant lot owners as necessary when the maintenance standards are not being met. Upon notice, vacant lot owners shall have thirty (30) days to cure the maintenance deficiency. Thereafter, the FPOA shall undertake to cure the deficiency at the full cost and expense of the vacant lot owner. All such bills for such maintenance shall be due upon receipt and any unpaid bills outstanding after sixty (60) days or more shall become a lien upon the property.

      As a convenience to vacant lot owners, such owners may contract with FPOA to bring their lot up to standards and to thereafter maintain the lot to those standards. Upon request, FPOA will provide each vacant lot owner with a quote to perform these services.

      Failure to properly maintain will enable the FPOA to cause maintenance to be performed at the expense of the property owner thereof (although the Association shall not have the obligation to do so). Entry upon said lot for this purpose shall not be deemed a trespass. Failure to pay for the maintenance will result in a lien being placed on the property.
    • Vehicles shall not be parked on the paved right of way or sidewalks, or lawns including vehicles of contractors and workman. Lawn maintenance and other service vehicles may park on the street in front of the property on which they are working.

      Contractor hours for service in The Forest are Monday thru Saturday 7:00 AM to 6:00 PM. No work is authorized on Sundays or the following observed Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. It should also be noted that except in an emergency gate attendant will not allow contractor entry on Sundays or Holidays. In case of an emergency please make sure you call the gate attendant for prompt entry.
    • No overnight parking of trucks of one (1) ton or larger. No camper or boat parking in excess of 24 hours, is permitted. No overnight parking of commercial vehicles is permitted.
    • For the safety of those using the roads within the Forest, certain Florida State Traffic Laws concerning vehicular traffic have been adopted. Only motor vehicles which are registered and licensed and operated by a licensed person will be permitted to use the roads. All other motorized vehicles are prohibited from the roads and common areas of the Forest. All vehicles parked in driveways and throughout The Forest must be registered and licensed. Forest Country Club golf carts and golf course maintenance vehicles are permitted to use the roads only when going directly to or from the golf course.
      • All vehicles must abide by the traffic and safety restrictions of The Forest. All traffic signs must be obeyed. THE SPEED LIMIT WITHIN THE FOREST IS 25 MILES PER HOUR UNLESS OTHERWISE POSTED.
      • Any person who is found guilty of violating the posted traffic signs in The Forest, including Stop signs and speed limit, will be subject to the following penalties:
        • First infraction, violator will receive a written warning.
        • Second infraction, written citation and letter will be sent to the violator.
        • Third infraction, elimination of entry by bar code for thirty (30) days.
        • Fourth and each subsequent infraction, violator will be fined $50.00, and gate entry sticker will be nullified.
        • Fines will not be imposed if the infraction is more than two years after the previous infraction.
        • A lien may be placed on each member's property for any fine not paid within ten days after it is imposed in accordance with the ByLaws.
        • Non-residents, including contractors, who violate these rules may be prevented from entering The Forest.
    • No outside television, radio, or other electronic towers, aerials, antennae, satellite dishes or device of any type for the reception or transmission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on any Lot or Tract or upon any improvements thereon, unless expressly approved in writing by the ARC, except that this prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000, as amended, promulgated under the federal Telecommunications Act of 1996, as amended from time to time. The Association shall be empowered to adopt rules governing the types of antennae, restrictions relating to safety, location and maintenance of antennae. The Association may adopt and enforce reasonable rules limiting installation of permissible dishes or antennae to side or rear yard locations, not visible from the street or neighboring properties, and integrated with the Residence and surrounding landscape, to the extent that reception of an acceptable signal would not be unlawfully impaired by such rules. Antennae shall be installed in compliance with all federal, state and local laws and regulations, including zoning, land-use and building regulations. A flagpole, for display of the American Flag only, may be permitted if its design and location are first approved by the Association. An approved flagpole shall not be used to mount an antenna. This provision is intended to protect residents from unreasonable interference with television reception, electronic devices, and the operation of home appliances, which is sometimes caused by the operation of ham radios, CB base stations or other high-powered broadcasting equipment. The golf courses are considered as neighboring property.
    • No prefabricated or module type houses or sheds may be constructed or placed upon any lot without the written approval of the Architectural Control Committee.
    • No further fencing shall be permitted within the subdivision other than at or near the outer boundary of the Association property or subdivision, without the written approval of the Architectural Control Committee.
    • No sign of any kind including business or company signs shall be displayed to the public view on any lot, except the property owner's name in a sign of not more than two (2) square feet. One open house sign shall be permitted to be placed on the property, on the day of the open house. Any parcel owner may display a sign of reasonable size provided by a contractor for security services within 10 feet of any entrance to the home. New construction contractors are permitted to have one (1) sign on the property that does not exceed 24"x24", must be set back 20' from the roadway, and may only contain your Company Name, Phone Number, and Occupational License Number. Your permit board is to be placed on the back of this sign.
    • Members should maintain the exterior appearance of their properties (including yards) in a manner which is consistent with the norm in the community. Residential units on the golf course should also be maintained so that the properties are attractive when viewed from the golf course. Towels, laundry, etc., should not be hung outside.
    • Each property owner is responsible for the expense of repair of damages to any common element done by himself, members of his family or his guests, his agents or employees.
    • There shall be no soliciting allowed within the community.
    • No person shall plant, maintain or remove any trees, shrubs, bushes, plants or landscaping on any common element.
    • All single family lots must have an operable conforming lamp post. The lamp post shall be installed with a photocell for automatic operation from dusk to dawn.
    • Not more than three (3) commonly accepted household pets such as a dog or cat, may be kept in a Living Unit, subject to other reasonable regulation by the Association or Neighborhood Association. All animals shall be leashed (if outdoors), or kept within the Living Unit and shall not be permitted to roam free. The Association may restrict the walking of pets to certain areas. Pets are not permitted on the golf course at any time. Owners who walk their pets on Association or Neighborhood Common Areas must clean up after their pets. Commercial activities involving pets, including without limitation, boarding, breeding, grooming or training, are not allowed. If in the opinion of the Board, any pet becomes the source of unreasonable annoyance to others, or the owner of the pet fails or refuses to comply with these restrictions, the owner, upon written notice, may be required to remove the pet from the Community. Pets may not be left unattended or leashed in yards or garages. Neighborhood covenants may establish stricter standards or pet restrictions for their particular neighborhoods.
    • Muscovy Ducks, Alligators, and all other waterfowl must not be fed, at any time.
    • The playground ("Ruthie's Park") is for the enjoyment of FPOA members and their guests. All children must be supervised by adults. Please abide by posted safety regulations. and help keep the park clean. No riding of bicycles is allowed in the park.
    • The golf course, tennis courts and clubhouse are the property of The Forest Country Club Membership Association Inc. Residents of The Forest (and their guests) should refrain from walking, running or cycling on Club property, as these activities may interfere with tennis and golf course play.
    • All property owners should advise and require compliance by their renters and house guests of the Rules and Regulations.
    • Members should make every effort to cause their guests, tenants, and invites (including contractors) to abide by the Rules and Regulations and restrictions applicable to The Forest. Contractors failing to comply may be denied access.
  • Procedures for Enforcement of Rules/Emergencies
    • Speeding and other traffic violations should be reported to the gate attendant immediately, with as much identifying information as possible.
    • Violations of all rules should be reported in writing, signed and directed: "Attention: President, The Forest Property Owners Association, Inc."
    • In the event of an accident, fire or other emergency, or if you observe a crime in progress, call "911" for Lee County Sheriff, fire fighters or paramedic attention.
  • Rules and Regulations-Precedence
    If a condominium or neighborhood association's rule or regulation on any subject addressed herein is more restrictive than FPOA's rule or regulation, the condominium or neighborhood association's rule or regulation shall take precedence. If FPOA's rule or regulation is more restrictive than the condominium or neighborhood association's rule or regulation, FPOA's rule or regulation shall take precedence.

CHANGE OF OWNERSHIP PROCEDURE

Because our community is private and has limited access, it is imperative that new owners within the project notify the FPOA of their purchase of property. This accomplishes two purposes. First, it enables the FPOA to keep accurate records respecting its members. Second, it will be the event which will allow for the issuance of laser bar stickers for entry to the project. Laser bar stickers are only issued upon the payment of the requisite fee or deposit as approved by the Board.

 

In the event of a change of ownership of a property, a house or vacant lot is subject to a transfer fee as approved by the Board from time to time. In all cases the buyer should complete a Vehicle Bar Code Request (even if no vehicle is to be registered) form and submit same to:

 

The Forest Property Owners' Association, Inc., 5990 Forest Blvd., Fort Myers, Florida 33908

 

A copy of the form is attached to these Rules and Regulations as Exhibit A. A photo copy of the buyers deed should be attached so that the appropriate owner or owners and the manner of ownership can be entered in the records of the FPOA. The deed also assists in identifying the property subject to the transfer. The purchasers shall also complete the section of the form requesting a laser bar access sticker, and enclose the appropriate fee for laser bar.

GATE HOUSE INFORMATION

  • Access Forest Bar Code Stickers
    All residents, Country Club members, and renters (in excess of 10 days) are required to purchase bar code stickers for their vehicles. Residents, members, or renters who rent vehicles will be required to pay a one time cost for stickers for the year. All bar code stickers expire annually on December 31st. Bar code stickers purchased in November and December will not expire until the following year. Stickers must be affixed to vehicle by a gate attendant. Bar code stickers will not be mailed. Replacement stickers for a new vehicle replacement will be furnished without charge when registered at the gate house. Stickers are issued to Club Members who are not members of FPOA, at the same charge as FPOA members.
  • Gate House Procedures
    When you expect visitors, please call the gate house (482-6666) and advise the gate attendant of your name and address, the name of the visitor, and the expected time of arrival. This will assure prompt access by your visitor.

    When visitors arrive unannounced, the gate attendant will try to check with you by phone, but this cannot be done quickly during busy times, entrance may be delayed. If you cannot be reached, entry may be denied. Calls to the gate house can best be made in the evening one or two days prior to your guests' arrival (8:00 p.m. to 10:00 p.m.).

    PLEASE DO NOT CALL THE GATE HOUSE BETWEEN
    6:30 A.M. AND 10:00 A.M. UNLESS IT IS AN EMERGENCY

HOMEOWNERS DOCUMENTS

  • Each owner of property in The Forest should have received a current copy of the following documents:
    • The Articles of Incorporation of the FPOA
    • The By-Laws of the FPOA
    • The Rules and Regulations of the FPOA
    • The Forest Emergency Preparedness Plan
    • In addition, each owner of a lot should have received a copy of the Deed of Restrictions that apply to his particular lot.
    • Further, each owner of a condominium or villa shall be entitled to have all the required documents relating to his Condo/Villa from his association.

      Homeowners who do not possess the above documents may request Items #1 thru #5 above from the FPOA office. Documents requested will be provided on paper, computer CD, or emailed as per your request. Item #6 must be requested via your Condo/Villa Association.