Pursuant to the Poinciana Subdivision Declaration (the
"Declaration"), the Association of Poinciana Villages,
Inc. ("APV") hereby adopts the following procedures,
which shall be known as the Design Board Criteria (the "Criteria")and
shall apply to Villages One through Ten of the Poinciana
Villages. Although Broadmoor (Village Nine) and Solivita
(Village Ten) are governed by separate architectural review
requirements, they are not subject to these Criteria. Broadmoor
(Village 9) is subject to these Criteria; however, by request
of its Board of Directors these criteria are not administered
or enforced in Broadmoor by the A.P.V.
In the event of any divergence of the Criteria or their
application from the Declaration, the latter is the ruling
document and shall control.
. The purpose of these Criteria is to acquaint home builders,
contractors, developers and property owners with the standards
and requirements which will be used by the (“DCB”)
to determine that a particular design will help maintain
the natural and constructed characteristics of the Poinciana
Villages. They also act as safeguards for the continued
desirable development of the Poinciana Villages by assuring
harmony of external design, function and location in relation
to surrounding structures and topography.
. All initially capitalized terms not defined herein shall
have the meanings assigned to such terms in the Declaration.
In addition to the foregoing, the following terms shall
have the meanings indicated below:
“Ancillary Structure” or “ancillary structure”
shall mean any ancillary structure to a residential improvement
such as open or screened porches, garages, and carports,
but shall not include roof overhangs less than two and one-half
feet (2 ½) feet or less.
“Applicants” shall mean any developer, Owner,
contractor or any other person or entity applying for DCB
approval, pursuant to these Criteria, of new construction
and exterior/interior alterations to property located within
the Poinciana Villages.
“APV Board” shall mean the APV’s Board
2.1 “Arterial Street” shall mean major throughway
for travel inside and outside of the Poinciana Villages.
Arterial Streets have a two hundred (200) foot to three
hundred (300) foot right-of-way.
“Cluster Lot” shall mean each Lot forming part
of a block of Lots designated in the applicable land use
“Collector Street” shall mean a street which
connects Continuing Local Streets (or connects neighborhood
traffic for inter-neighborhood travel). Collector Streets
have a one hundred fifty (150) foot right-of-way.
“Continuing Local Street” shall mean street
which connects Local Streets within a limited area (i.e.,
neighborhood). Continuing Local Streets have an eighty (80)
“Conventional Lot” shall mean a rectangular,
pie or reverse pie shaped Lot.
“Flag Lot” shall mean one of four lots grouped
together and designated as a “Flag Lot” on the
applicable land use plan.
“Front Flag Lot” shall mean the anterior Lots
in a Flag Lot configuration, each such Front Flag Lot having
at least one boundary line fronting a Local Street. Front
Flag Lots are subject to “stem” easement giving
ingress and egress to Rear Flag Lots in the same Flag Lot
“Local Street” shall mean an interior subdivision
street which provides access to Lots (residential Lots front
on Local Streets). Local streets have a forty (40) foot
to sixty (60) foot right-of-way.
“Manager” shall mean the person designated
by the APV Board as the manager of the APV or his or her
appointee in such person’s absence.
“Rear Flag Lot” shall mean the posterior Lots
in a Flag Lot configuration, each such Lot having no boundary
lines fronting a Local Street. Rear Flag Lots are accessed
through the “stem” driveway access running through
the Front Flag Lots.
. The Declaration as recorded in Osceola and Polk Counties
contemplates the existence and authority of the APV and
Appointment of the DCB
. The DCB shall consist of one (1) member per Village,
excluding Villages IX and X. The APV shall create the architectural
designs and standards for all buildings constructed in the
4.1 Any and all plans for construction of residential,
commercial, industrial or institutional buildings within
the Poinciana Villages shall be submitted to the DCB for
its approval prior to application for a building permit
to the appropriate County.
4.2 The members of the DCB shall be appointed and removed
from time to time by the APV Board of Director member of
each respective Village. Directors of the APV may serve
as members of the DCB. The members of the DCB shall select
a President of the DCB from its membership. The Secretary
of the DCB will be responsible for notifying the appropriate
Director of the APV when a vacancy exists within the APV
Director’s Village. Normally, each Village will be
represented on the DCB.
4.3 Inherent in the selection of members of the DCB are
the considerations of the candidates’ observed experience
in good citizenship; consideration of the rights of others;
adherence to these Criteria; and compliance with the Declaration
and Articles of Incorporation and By-Laws of the APV and
those of the Village Association of which he or she is a
member, including, but not limited to, the Declaration’s
requirement that Assessments be paid in a timely manner.
. The DCB will meet to consider requests received twice
each month, on the first and third Wednesday of each month,
or at any other time determined by the APV Board or the
Manager of the APV.
. No construction of new improvements, alterations or additions
shall be commenced without the prior written approval of
the DCB. No building, fence, driveway, patio, drainage,
paved area, wall or any other structure shall be commenced,
erected, or maintained upon the existing property; no additions
to existing property or any exterior additions or alterations
therein shall be made until the plans and specifications
showing the nature, kind, shape, height, materials, square
footage, location and landscaping of the same shall have
been submitted to and approved in writing by the DCB. In
addition, the DCB shall have the right to approve any alteration
that changes the use of a structure (e.g., conversion of
a space to a bedroom). One (1) copy of all plans and related
data shall be retained by the APV for its records. In the
event that the DCB fails to approve an application within
thirty (30) days of its submittal, such application shall
be deemed disapproved.
6.2 Application. Each application to the DCB must be accompanied
by a complete set of engineered plans and specifications
showing any proposed topographical changes, all exterior
and structural details and the relationship of the proposed
work to existing structures and to property lines and a
complete survey, by a Florida Licensed Surveyor, denoting
layout of home with all setbacks, driveway, slabs, sheds
or accessory buildings, landscaping layout as well as a
statement that the lot must be fully sodded. In the case
of a proposed topographical or grade change, the application
must also include the written agreement of the Applicant
proposing such change in topography or grade, to indemnify
and hold harmless the DCB, the APV, and Avatar, their agents,
servants and/or employees from any claim or cause of action
whatsoever, whether justifiable or not, and from any liability
resulting or which might result from its approval of such
topographical or grade change. Each application must also
be accompanied by the name, address, telephone number and
identity of the contact person. If the contact person or
his or her name address or telephone number changes, the
Applicant shall immediately notify the DCB in writing. All
DCB applications must have complete information and related
documents to be (i) hand carried to the APV Offices for
submission to the Secretary of the DCB or representative
for acceptance or (ii) mailed by Certified Mail Return Receipt
Requested to the addressed stated in Section 6.6.1 herein
(iii) faxed (iv) emailed or (v) on via internet through
our interactive webpage www.poincianadv.com. Applications
will be processed within a week excluding weekends and holidays
or conditions of major force unless the request is considered
to be presented for the Design Control Board on a case by
Additional Application Requirements
. Institutional, commercial and multi-family development,
civil engineering and drainage drawings shall be submitted
to the Manager. In addition, a copy of all recorded plats
must be delivered to the Manager.
. Each application must be accompanied by required fees.
The current fee schedule is available at the APV’s
6.4.1 Fees charged builders who begin construction without
Design Control Board approval will be doubled in lots that
are in violation.
Plan Review Process
. The plan review process consists of three phases: Preliminary,
Final and Administrative. Documents may be submitted either
in separate phases or concurrently and approvals will be
forthcoming in the same manner.
6.5.1 Preliminary Submission. Preliminary submission is
required only for those plans for commercial projects, multi-family
residential complexes and institutional and plans for development
of sections of three or more single family residential complexes.
The submission shall consist of a letter of application,
a schematic site plan showing land use, density, drainage,
traffic flow patterns, utility connections and the location
of all structures on specific land sites.
Final Review Submission
. Final review submission varies based on the improvement
. For multiple building residential, institutional and
commercial projects, preliminary review submission requires
one set of drawings and documents showing:
184.108.40.206.1 The proposed title of the project, the names
of the engineer, the architect, the developer, and the builder
with License Number.
220.127.116.11.2 The Northpoint, scale and date.
18.104.22.168.3 The boundaries of the property, all existing easements
and property lines, existing streets, buildings, water courses,
waterways, lakes and other existing physical features in
and/or adjoining the project. Show planned connection to
the Master Drainage System.
22.214.171.124.4 The location, dimensions and character of construction
of proposed streets, driveways, curb cuts, entrances and
exits, outdoor lighting systems, storm drainage and sanitary
126.96.36.199.5 The location and dimensions of proposed Lots,
setback lines and easements and proposed reservations for
open spaces and other Common Areas.
188.8.131.52.6 The location of all proposed buildings relative
to Lot lines, other buildings and structures or major excavations,
accessory and main.
184.108.40.206.7 Preliminary floor plans and elevations of all
sides of the building(s) with proposed exterior finish and
220.127.116.11.8 Landscaping drawings or schematics showing planned
landscaping and identifying existing trees over six inches
(6”) in trunk diameter.
18.104.22.168.9 The location, height and material of all fences,
walls, screens, screen planting and landscaping.
22.214.171.124.10 The location, character, size, height and orientation
of proposed signs with exterior finish proposed.
. The following details should be provided in or near the
lower right hand corner of the site plan:
126.96.36.199.1 Residential: Total number of units.
188.8.131.52.2 Commercial: Total square footage of buildings.
184.108.40.206.3 Institutional: Total square footage of buildings.
220.127.116.11.4 Parcel size in acres.
18.104.22.168.5 Total number of parking spaces being provided.
22.214.171.124.6 Total number of loading spaces.
126.96.36.199.7 The amount and percentage of Lot area devoted
to open space.
188.8.131.52.8 The amount and percentage of Lot area being built
184.108.40.206.9 The amount and percentage of Lot area being surfaced
for parking and circulation.
. For single building or house designs, for which the location
or Lot sitting is not yet known, the preliminary review
submission need only be the floor plans with elevations
of all sides and with the proposed exterior finish described.
The Surveyor’s Sketch of Survey showing building site,
drives, overhangs and setbacks with total area is required
prior to obtaining DCB approval for construction.
. Upon completion of construction documents, the Applicant
shall also submit construction documents samples of exterior
materials which cannot be adequately described and final
recorded plat(s). Approval of construction drawings is part
of all Final Reviews. Changes which affect the appearance
of the grounds or building exterior shall be coordinated
with the DCB before being finalized in the drawings. Section
9 of these Criteria contains minimum landscaping requirements.
220.127.116.11 Multifamily Dwelling (Duplex only). A single structure
containing two (2) units, side by side, neither of which
is an ancillary structure. Land must be zoned for a multifamily
dwelling and once structure is built it cannot be converted
into a single family dwelling by changing the floor plans.
Although duplexes do not require a garage they must have
a driveway per unit not to exceed existing driveway width
requirements per Criteria section 9.1.1 to accommodate vehicle
parking. Each unit must have its own exit directly to the
18.104.22.168 Rehabilitation Facilities._ A single structure
that will blend with their scale and material selection
into the portion of the Poinciana Villages that they serve.
Each rehabilitation facility must be built on a zoned commercial
tract within a residential neighborhood that meets all Federal,
State and County requirements and must be submitted for
review by the DCB according to paragraph 6.1 with its intent
as a guideline.
. Certain items may be approved administratively (i.e.,
without a full meeting of the DCB) (“Administrative
Review”). Items subject to administrative approval
are identified by the DCB from time to time. Examples of
items that may be approved administratively are repainting
of a structure with an identical color previously approved
by the DCB or approvals of fences, sheds and satellite dishes
conforming to existing standards.
. Plans and documents should be submitted to:
Design Control Board
Association of Poinciana Villages, Inc.
401 Walnut Street
Poinciana, Florida 34759
22.214.171.124 Required Revisions. The DCB will notify the Applicant
in writing of any revisions which must be made to plans
or information which would gain approval of the DCB. In
which event, the Applicant must resubmit the reviewed plans.
Some approvals may be subject to conditions as stated in
the approval letter.
County and State Approvals
. The Applicant is responsible for obtaining the necessary
County, utility and other regulatory reviews and approvals
required including, without limitation, all required building
permits. Approval by the County, State or applicable utility
does not waive the requirement for DCB approval.
. Upon approval of any plans and specifications submitted,
a copy of such plans and specifications shall be deposited
with the DCB for its permanent record. Approval shall in
no way imply that the structure contemplated to be built
is safe or structurally sound. No deviation shall be permitted
from the plans and specifications so approved, without further
independent submission to and approval of such changes by
. The approval of the DCB for use on any Lot of any plans
or specifications submitted for approval, shall not be deemed
to be a waiver by the DCB of
its’ right to object to any of the features or elements
embodied in such plans or specifications, if and when the
same features or elements are embodied in any subsequent
plans and specifications submitted for approval for use
on other Lots.
. The APV Board has the right to agree to variances from
the provisions of these Criteria for reasons of practical
difficulty or hardship which otherwise would be suffered
by any applicant, without the consent of the Owner of any
adjoining or adjacent home. Any variance shall be manifested
by written agreement and shall not constitute a waiver of
any restriction or provision of these Criteria as to any
other home. The granting of a variance shall not nullify
or otherwise affect the right to require strict compliance
with the requirements set forth herein on any other occasion,
and may only be granted by the APV Board, typically upon
the recommendation of the DCB.
. It is intended that these Criteria will be applied equitably
to all Applicants. The DCB’s decision is based on
discussion and voting by its members based on the standards
of these Criteria. Decisions by the DCB can vary in the
areas of aesthetics, color and texture, site location viz
a viz adjacent construction and other variable factors.
Such decisions are not intended to be nor should they be
construed to be arbitrary decisions.
Grounds for Disapproval
126.96.36.199.1 By way of example, and not of limitation, the
DCB shall have the right to disapprove any plans and specifications
submitted because of any of the following:
188.8.131.52.2 Failure to include information in such plans and
specifications as may have been requested.
184.108.40.206.3 Failure of such plans or specifications to comply
with the Declaration.
220.127.116.11.4 Objection to the exterior design, appearance or
materials of any proposed structure.
18.104.22.168.5 Incompatibility of any proposed structure or of
the proposed structure’s use to any existing structures.
22.214.171.124.6 Objection to a location of any proposed structure
with reference to other Lots or structures in the vicinity.
126.96.36.199.7 Objection to the grading plans for any Lot.
188.8.131.52.8 Objection to the color scheme, finish proportions,
style or architecture, height, bulk or appropriateness of
any proposed structure.
184.108.40.206.9 Objection to parking areas proposed for any Lot
on the grounds of incompatibility to proposed uses or insufficiency
of the size of the parking area.
220.127.116.11.10 Any other matter which, in the judgment of the
DCB, would render the proposed structure or uses inharmonious
with the general plan of improvement of the property or
with structure or uses located upon other Lots in the vicinity.
18.104.22.168.11 The APV Board may adopt and promulgate rules
and regulations, to be enforced by the DCB, regarding the
preservation of trees and other natural resources and wildlife
upon the property. If it shall deem it appropriate, the
DCB may mark certain trees regardless of size as not removable
without authorization from the DCB.
22.214.171.124.12 New applications will not be accepted or considered
by the DCB if there are any known infractions or non-compliance
of these Criteria existing at any of the Applicant’s
previously approved sites or any failure to pay Assessments.
126.96.36.199.13 Applicant’s failure to repair damage to
adjacent property. All damaged areas must be returned to
like or better than original condition. Following notification
by the APV of the violation, Applicant must rectify violations
within a reasonable period of time taking into account insurance
payments or other factors deemed relevant by the DCB.
188.8.131.52.14 Failure to comply with any requirements in these
184.108.40.206.15 Failure to comply with Declaration requirement
for payment of Assessments. Assessments must be current
prior to submission for DCB approval in all properties owned
by the Applicant.
. All Administrative disapprovals by staff are subject
to appeal and will be reviewed solely by the DCB. All disapprovals
by the DCB are subject to reconsideration by the DCB. All
requests for appeal and reconsideration must be upon the
written request of the applicant which must provide a full
explanation and detailed information substantiating the
appeal or reconsideration. All such requests must be submitted
to and received by DCB no later than seven (7) working days
before the meeting at which it is to be considered. Appeals
to the APV Board are not available with regard to case specific
issues arising under these Criteria. The decision of the
DCB are final. In the event the DCB determines that an amendment
to these Criteria is appropriate, it may be so recommend
to the APV Board. Appeals to the APV Board must meet the
APV suspense cutoff date to the APV Board and have input
from the DCB
. In cases of repeated violations of these Criteria by
any Applicant, including his or her subcontractors, the
DCB may require a cash payment of up to $500 be deposited
for each building request submitted. After a fifth (5th)
infraction in any calendar year, the deposit will escalate
to $1,000 for each building request. The deposit will be
returned upon satisfactory final inspection by the DCB after
completion. Failure of the Applicant to rectify DCB violations
within thirty (30) days after notification by the DCB may
result in imposition of a fine payable from the cash bond
for site in question. If the Applicant does not rectify
the violation within thirty (30) days after notification
from the DCB, the DCB will have the option to either request
that fine(s) be imposed and/or use the cash payment funds
to rectify the violation and/or pursue any and all legal
rights in law or equity.
The Applicant may establish a deposit account in the form
of cash, bond. or letter of credit, in a sum acceptable
to both parties (i.e., $5,000.00 or more), with the understanding
that the Applicant is obliged to maintain a credit balance
and increase the same to the maximum amount required within
ten (10) days of a request to do so by the DCB.
Design, Criteria, Structures
Establishment of Criteria
. The following Criteria are established by the APV Board
as recommendations for all residential, commercial and institutional
structures, walls, fences, and improvements. It is the intent
of these Criteria to provide a visual impression with as
many natural surfaces, textures and colors as is possible
and to prevent abrupt texture and color variations.
. All elevations for each structure should meet the applicable
County requirements, as determined by the DCB.
. The following exterior materials and colors are acceptable:
7.3.1 Concrete or clay brick finished or painted in subdued
tones. The final color is subject to DCB approval.
7.3.2 Vertical or horizontal wood siding stained or treated
for weathered look. Aluminum, vinyl or hardboard siding
below eight feet (8’) in height may be approved if
the DCB finds this material compatible with its surroundings.
Any lumber used for the purpose of exterior siding, fascia
or trim must be approved. Siding samples are required for
aluminum, vinyl and hardboard.
7.3.3 Concrete block, when used, must be painted or stucco
7.3.4 Stone or decorative block.
7.3.5 Asphalt or fiberglass shingles, wood shake, slate,
tile, shake, standing seam metal, cement and other materials
may be considered by the DCB. The final color of roofing
is subject to DCB approval. Ancillary structures attached
to the house cannot have corrugated roofing panels.
7.3.6 The final color of all stucco is subject to DCB approval.
The color used and the location of the building so painted
should blend with surrounding houses. The DCB may allow
painted struck block on side and rear elevations.
7.3.7 Materials for exterior finishing other than those
listed above must be submitted to the DCB for consideration.
Samples should be provided. Any changes to approved Criteria
must be approved by the APV Board.
. All single family homes must have a garage. Carports
are only permitted in Village Nine (Broadmoor). Minimum
dimensions for a one (1) car garage are eight feet (8’)
wide by eighteen feet (18’) long clear space. Minimum
dimensions for a two (2) car garage are sixteen feet (16’)
wide by eighteen feet (18’) long clear space. Openings
of garages shall have garage doors. Interiors of garages
of frame-structure houses shall be finished with dry wall.
Homes with three (3) or more bedrooms, or two (2) or more
bedrooms with a den, must have a two (2) car garage, except
for Village Nine (Broadmoor). The DCB may permit deviations
from this Section for homes built prior to January 1, 2002
that were constructed with DCB approval but do not conform
to these garage requirements. Garages accommodating more
than two (2) cars may be permitted with DCB approval. Notwithstanding
any other provision hereof, a garage shall not be converted
into a bedroom or into a room for any other type of use.
7.4.1 Detached Garages. Detached garages must be built
on a cement slab and must match the materials and roofing
of the main structure. Driveways to the detached garage
must be compatible with the existing driveway/walkway.
Screen Doors in Front of Garages
. Screen doors are permitted in front of existing garage
door based on the following conditions:
7.5.1 Screening must be framed in complimentary color and
be placed on a tracking system.
7.5.2 Garage area must be used for a garage only and not
converted into an extra room of any style.
. Storage tanks of any description must be placed below
ground or screened from view.
. Storage sheds are allowed, however, only one (1) shed
with a maximum dimension of two-hundred (200) square feet
per unit and must be placed in the back yard or side of
the property, room permitting. Storage sheds shall be maintained
to prevent them from becoming unsightly or deteriorated.
. No window air-conditioners shall be permitted without
screening by appropriate material (i.e., PVC lattice or
PVC picket) or shrubbery. Window units must not be installed
more than four (4) feet above ground level.
. Secondary underground distribution wiring from street
to building is mandatory and shall be the responsibility
of the individual/Owner builder when not otherwise defined
by contract. Primary wiring along arterial streets may be
of overhead design when deemed appropriate by the applicable
. Height limitation in single family residential dwellings
shall be thirty feet (30’). Height limitations in
multi-family residential shall be determined by the land
use plans. Minimum roof pitch for all residential units
is 4/12 except within Broadmoor.
. In-ground swimming pools are permitted. Above-ground
pools are allowed; however, only with a fully enclosed 6’
solid privacy fence (wood, PVC, concrete block or brick)
sufficiently opaque and of such height so as to prevent
the pool from being seen from the public side of the fence,
APV Greenways and/or roadway: not to exceed current fence
requirements. County requirements for fencing or screening
pools must be complied with.
Dust and Erosion
. Dust abatement and erosion control measures are the responsibility
of the Applicant in all stages of construction.
. All new individual residents’ plans shall include
provisions for at least two off-street parking spaces per
single family residence, excluding the garage.
. All Applicants for the construction of new residential
units will provide house numerals in accordance with local
. Chimneys on all homes will NOT be of the exposed metal
stovepipe type. Chimneys must be sided with materials consistent
with the exterior of the home.
. When residential Lots have access from more than one
(1) street, vehicular access must be from the minor street
7.17 Pricing. The Board of Directors approved the listing
of pricing on any approved housing signage within Poinciana.
7.18 Foundation. Foundation for homes, except Broadmoor
– Village 9, must be poured cement.
Setback Lines and Building Sitting
. Because the establishment of standard flexible building
setback lines for location of houses on Lots tends to force
construction of houses both directly behind and directly
to the side of other homes with detrimental effects on privacy,
preservation of important trees, and other issues, variations
in setbacks are encouraged. The structures will be located
with regard to the topography of each individual Lot, taking
into consideration, the location of large trees and similar
considerations. The DCB shall have the right to disapprove
housing plans on the basis of improper sitting. For further
information respecting setbacks, please see Exhibit 1 attached
hereto and made a part hereof. To the extent that any plat
requires larger setbacks than specified in Exhibit 1, then
the setbacks in such plat shall control.
8.1 Ancillary Structures. All ancillary structures must
be ten feet (10’) away from the rear property line
and seven and a half feet (7.5’) from the side property
line. Any attached roofed vertical structure must have a
minimum of twenty feet (20’) rear setbacks, seven
and a half feet (7.5’) side setback and twenty five
feet (25’) front setback, with the exception of pie
shape corner lots, which have a ten feet (10’) rear
setback, seven and a half feet (7.5’) side and twenty
five feet (25’) front setback.
Design Criteria Landscaping
. Landscape plans shall consist of the scale of no less
than one inch (1”) equals thirty feet (30’)
and will indicate plant materials, sprinkler systems, if
any, and path and drive materials. Plans with different
scales may be accepted for large-scale developments.
. This Section 9.1 of these Criteria deals with the elements
of landscaping and exterior elements.
Driveways and Walks
. Concrete, asphalt, or brick pavers will be characteristic
of the driveways required. Walks shall be of the same materials.
Driveways may not exceed a total of 24’ combined width.
Homes with three car garages may have a driveway not to
exceed 27’ in width.
. Care shall be taken to preserve any natural trees, shrubs
or other desirable vegetation existing on property and Applicants
are urged not to remove trees unnecessarily.
. Upon completion of a building site or section development,
unless the requirements are met with natural vegetation,
all building areas shall have the following minimum landscaping
provided by the builder/developer according to a site plan
which has been previously approved by the DCB.
220.127.116.11 Lots must be fully sodded.
18.104.22.168 The DCB can change results for a similar high quality
of landscaping such as Florida Friendly Landscape, formerly
known as Xeriscape, which is also allowed per design approved
on a case by case basis.
22.214.171.124 Lattice may be considered only for landscaping
purposes that add aesthetic and functional value to the
property. All lattice work must be submitted for approval
by the Design Control Board prior to installation. Lattice
must be maintained and replaced or repaired as requested
by DCB. Lattice should be made of wood and sealed/stained
with a clear or neutral wood-colored sealer or stain; white
vinyl lattice is preferred. Lattice is not an approved fencing
material (See paragraph 12.7.4 for Fence Criteria).
The use of lattice or a comparable open style of privacy
screening is encouraged on the carport only as it applies
to Broadmoor-Village 9.
9.1.4 Multiple Family Screening. Multi-family dwelling property
lines adjacent to other residential uses shall be adequately
screened with landscaping or fencing.
10. Commercial and Institutional Buildings. It is the intent
of these Criteria to exercise architectural control over
commercial and institutional structures, so that these structures
will blend with their scale and material selection into
the portion of the Poinciana Villages that they serve. Each
commercial and institutional area will be reviewed by the
DCB on a separate basis with this intent as a guideline.
All commercial buildings must be constructed in accordance
with the applicable County code.
11. Signage. Preliminary and Final Designs of all signage
visible from the outside of the buildings must be submitted
to the DCB for approval as to their structural and site
compatibility. All signage must be in accordance to the
Poinciana Signage Requirements attached hereto as Exhibit
12. Building Alterations, Additions, Detached Structures
and Maintenance. (See also Section 7 of these Criteria)
Case history and approved listings of the building materials
and colors approved by the DCB are available at the Office
of the APV.
12.1 All Additions Require Approval. Any addition to an
existing building, any exterior alteration, modification
or change to an existing building, or any new detached structure
must have the approval of the DCB before any work is undertaken.
Examples of such projects include a deck, greenhouse, fireplace,
fence, or added concrete surfaces.
12.1.1 The DCB shall review and process written approval
or denial for all exterior changes to the property and/or
house. An approval to the homeowner or contractor is valid
for ninety (90) days with up to two (2) ninety (90) days
extension for projects including fences, sheds, repaint,
added concrete surfaces, in-ground pools, porches and such
(additions, accessory structures, etc). A homeowner or contractor
that has commenced or completed an exterior change to the
property and/or house must submit a written request for
review and timely provide the DCB with all the information
necessary for the DCB to undertake such review.
12.1.2 The DCB shall review and process a written approval
or denial for all exterior changes to the property and/or
house. An approval for a builder is valid for one (1) year
with up to two (2) ninety (90) days extension for projects
to build a dwelling or units, and any major construction
to the main structure. The DCB at their discretion has the
ability to grant further extensions.
12.2 No Temporary or Portable Structure. Any addition,
exterior alteration, modification or change to any existing
building shall not be portable or temporary and shall be
compatible with the design character of the original building.
Any new detached structure shall be compatible with the
parent structure. Dog kennels are not allowed; however,
dog runs are allowed, but, must be accompanied by a dog
house for protection from the elements and chain link dog
pen cannot have a roof. No more than two (2) pets are allowed
per household. All structures must stay away from the established
12.3 Awnings and Shutters. Awnings and shutters which are
compatible with the parent structure may be considered on
a case by case basis by the DCB. The preferred material
12.3.1 Gazebo. Gazebos with tiled roof and decorative skirting
are allowed; additionally, wrought iron and aluminum framed
canvas topped gazebos are permitted, one gazebo per household
and not to exceed a maximum dimension of two hundred (200)
square feet per structure. All gazebos must be permanently
installed on a poured 4” concrete foundation, placed
in the rear of the property outside of the easements/setbacks
upon obtaining written approval from the DCB. An owner of
a Poinciana residential lot will be allowed maximum of 3
detached ancillary structures on their property.
12.3.2 Greenhouses: Greenhouses shall be of the commercially
manufactured type, only of aluminum or galvanized steel
frame, with flat polycarbonate panels, one (1) greenhouse
not to exceed two hundred (200) square feet, with gabled
or Dutch barn gabled polycarbonate roof. The greenhouse
must be located in the rear of the property and out of all
easements with written approval of the DCB. The greenhouse
must also be anchored in concrete or strapped down, and
may not be used for commercial enterprise or for storage
purposes. The Greenhouse wall sections must remain clear
with opaque paneling only allowed on the roof.
12.3.3 Pergola is a supporting structure, vertical posts
with rafters across the top. These are open and flat, running
at regular intervals horizontal across. They are supported
by side rafters. Their sides being square or rectangular
in shape, they have straight lines as the basis of their
structure. Pergolas must be permanently installed in the
rear of the property. All posts must be cemented in the
ground or if set on a slab they must be mounted. Only one
(1) per dwelling and not to exceed 200 square feet and must
be maintained in perpetuity.
12.4 Exterior Materials. Only the exterior materials existing
on the parent structure or compatible with the architectural
design character of the Poinciana Villages will be approved.
12.5 Exterior Colors. Exterior color changes (repainting)
must have written DCB approval prior to repaint application,
whether or not the original house color is changed. DCB
color scheme approvals will solely be represented in the
Poinciana Residential Color Selection Book for review at
the APV Administration Office. Colors in the Poinciana Residential
Paint Color Selection Book are interchangeable in combination
as long as they do not conflict and as long as a wall color
stays a wall color. Murals and similar images are prohibited
on roofs, walls, fences and other exterior surfaces. Notwithstanding
anything herein these Criteria to the contrary, all requests
for relief from the provisions of this section, whether
denominated a request for a variance, or appeal, shall be
limited to the DCB. Further review by the APV Board shall
not be available.
12.6 Maintenance. All homes’ exteriors and ancillary
structures on Lots must be maintained and not be allowed
to deteriorate or become unsightly. The DCB inspector shall
determine, in conjunction with the DCB members, the need
to repaint or repair exteriors to maintain harmony and blend
with the other existing homes in the immediate vicinity
(i.e., paint peeling, torn screens, broken windows, replace
landscaping and like situations).
12.7 Fencing .
Residential Fencing Generally
. Any residential fence or screen must have the approval
of the DCB before installation is undertaken. No sidewall
or hedge, wall or fence taller than four feet (4’)
shall extend further to the front of the Lot than the front
corner of the main structure or house wall nearest each
Lot line. No fencing is permitted in the front of a home
except low ornamental fencing such as split rail, picket,
wrought iron, cement banisters, vinyl picket. Ornamental
fencing in the front of the house must stay outside the
County Right of Way. The maximum height of any fence for
a house is six feet (6’) and cannot be placed beyond
the front elevation, excluding fences for tennis courts
and including swimming pool enclosures. Rear Flag Lots fencing
will be reviewed on a case by case basis by the DCB.
Commercial and Institutional Fencing
. Commercial and institutional fencing will be considered
by the DCB on a case-by-case basis.
Vehicular Traffic Sight Lines
. No fence or screen will be approved if its installation
will obstruct sight lines for vehicular traffic. Road rights-of-way
will be maintained as green areas.
Types of Fencing
. Only wood, wrought iron, block, brick, vinyl PVC, vinyl
coated chain type with top rail or chain link fencing with
top rail and aluminum picket will be approved if the design
is in general conformity with the architectural design of
the Poinciana Villages. “Lattice” can be only
used as a decorative feature on a solid privacy fence sufficiently
opaque, built in and framed from a manufacturing company.
No wall or fence shall be erected or placed within the front
setback lines of any Lot, unless such wall or fence shall
be ornamental and a desirable feature and shall not in any
manner impair the general scheme of the Poinciana Villages.
Block walls shall be stuccoed, painted and regularly maintained.
Notwithstanding the foregoing, Village Nine (Broadmoor)
has different fencing material requirements as set forth
126.96.36.199 All fencing must be in accordance with these Criteria;
however, wood fencing must be treated with paint or stain
in subdued tones approved by the DCB. All fencing must be
188.8.131.52 All fencing or screening should preferably have
finished materials on both sides. If only one side has finished
materials, the finished side must face the public side of
the individual Lot.
184.108.40.206 Trees, hedges and shrubs which restrict sight
lines for vehicular traffic shall be cut back or removed.
Grass on all Lots with homes must be maintained with a maximum
height not to exceed eight inches (8”). Maintenance
of grass is the responsibility of the property Owner.
12.8.1 Exterior antennas are permitted but those of the
larger C-B or HAM rig type are discouraged. If an antenna
is erected by an individual resident, it should be located
as inconspicuously as possible and must be in conformance
with the Federal Communications Commission (FCC) Regulations.
12.8.2 In order to make sure that satellite dishes and
antennas are placed in a location that will not endanger
the health, safety and welfare of the Poinciana Villages
residents, written consent of the DCB is required for approval
to install satellite receiving antennas or related type
equipment. Satellites dishes up to 1 meter (39 inches) in
diameter and ground mount masts up to 12 feet maximum vertical
position will be approved administratively. The proposed
location shall not endanger the health, safety or welfare
of the Poinciana Villages residents.
. Exterior lighting is permitted but shall not be directed
in such a manner as to be annoying to nearby homes.
12.10 Portable or Temporary Structures. Portable or temporary
structures are not permitted. However, the following are
12.10.1 Outdoor clothes dryers of the carousel/umbrella
or T-type. Outdoor drying lines should be screened with
shrubbery and placed to the rear of the Lot.
12.10.2 Child play equipment (i.e., swings, slides, jungle
gyms). Such equipment should be prefabricated and erected
to the rear of the house as inconspicuously as possible.
Equipment combining a storage shed with play equipment is
12.10.3 Basketball hoops are allowed only in one of three
locations: above the garage door, to the rear of the house
or a temporary or permanent basketball hoop alongside the
driveway as long as the backboard and pole are located at
the wide side of the property. All basketball hoops must
have DCB approval. Only one basketball hoop per homesite
will be approved. Basketball hoops must not encroach upon
any county easements.
12.10.4 Projection Screens. Projection screens are not
allowed outside of dwelling.
. Model Center ONLY Criteria:
12.11.1 All model center layouts to be approved by the
applicable County and the DCB.
12.11.2 Driveways may be omitted until residential occupancy
occurs providing adequate alternative parking is provided.
12.11.3 Sidewalk for model pedestrian access may be constructed.
12.11.4 Ornamental fences to a maximum of three feet (3’)
high may be installed in front, side or rear of models.
12.11.5 Additional landscaping, irrigation and accent lighting
may be included.
12.11.6 Signage for Model Centers shall be as follows:
220.127.116.11 One six foot (6’) by four foot (4’)
identification sign may be utilized for each model center
plus one small descriptive sign for each model and customary
welcome flags, etc.
18.104.22.168 The only signs allowed are identification and
directional. Only model’s name, price, number of rooms,
phone number and name of builder are allowed as model signs.
12.11.7 Temporary pedestrian entry doors may be affixed
to the front and/or side of the garage together with decorative
12.11.8 A letter of agreement and a $5,000 Irrevocable
Letter of Credit, CD or similar device will be deposited
with the APV per each home in the model center that does
not comply with these Criteria to insure that all model
center residences will conform to these Criteria prior to
residential occupancy. Such security deposit will be released
upon satisfaction that the model home has been brought in
compliance with residential requirements. If the requirement
is not satisfied, the APV Board will have the option to
either draw upon such security to bring the home(s) in question
into compliance with these Criteria upon occupancy for residential
purposes and/or request that fines be imposed and/or pursue
any and all legal rights in law or equity.
Building Permits and Codes
13.1 Approval of any project by the DCB does not waive
the necessity of obtaining the required County building
permits. Obtaining a County permit does not waive the need
for DCB review. The letter of approval from the DCB may
facilitate obtaining the required County building permit.
13.2 The DCB will not knowingly approve a project which
is in violation of the applicable County Building or Zoning
. Enforcement shall be in accordance with the Declaration.
Right to Inspect
. The DCB, its agents and members specifically reserve
the right of entry and inspection upon any portion of the
Poinciana Villages for the purpose of determining whether
there exists any violation of the terms of any approval
or the terms of the Declaration or the Criteria set forth
herein. Without limiting the foregoing, the DCB shall have
the right to make inspections during the construction of
any structure or improvement to ensure that such structure
or improvement is being constructed in accordance with the
plans previously submitted to and approved by the DCB. Neither
the DCB nor any member or agent thereof shall
be deemed to have committed a trespass or other wrongful
act by reason of such entry and inspection.
New Standards and Policies
. The APV Board may, from time to time, adopt new standards
and policies and/or modifications to these Criteria. The
DCB may suggest to the APV Board, from time to time, amendments
and/or modifications to these Criteria. Upon adoption by
the APV Board, such standards and regulations shall govern
the performance or conduct of Owners, contractors and their
respective employees within the Poinciana Villages, for
the purpose of ensuring compliance with the regulations
set forth in the Declaration. Each Owner and contractor
shall comply with such standards and regulations and cause
its respective employees to also comply with same. Such
standards and regulations shall also govern the form
and content of plans to be submitted for approval including,
without limitation, exterior lighting and planting of trees
and may issue statements of policy with respect to approval
or disapproval of the architectural styles or details. Such
rules and regulations may be amended or revoked at any time.
. The DCB shall, without incurring any liability, have
the right to prepare change orders and order minor changes
while the approved work is in progress.
. Neither the DCB nor any of its members shall be responsible
16.1.1 Construction, means, methods, techniques, sequences
or procedures of the safety precautions.
16.1.2 The Owner’s failure to carry out the work
in accordance with contract documents.
16.1.3 The acts of omissions of the contractors, subcontractors
or any of their agents or employees performing any of the
. Avatar, the APV, and the DCB, and their agents, servants,
employees or other designees, shall be held harmless from
any and all claims, damages, losses, and expenses including,
without limitation, attorney fees and paraprofessional fees
at trial and upon appeal arising out of their actions or
. Each Owner is responsible for insuring compliance with
all terms and conditions of the Criteria set forth herein
by all of its employees and contractors. In the event of
any violation of any such terms or conditions by any employee
or contractor, or, in the opinion of the DCB, the continued
refusal of any employee or contractor to comply with such
terms and conditions, after five (5) days notice and right
to cure, the DCB shall have, in addition to the other rights
hereunder, the right to prohibit the violating employee
or contractor from performing any further services in the
Poinciana Villages. Each Owner is responsible for restoring
any Common Areas damaged or destroyed by work activities
of such Owner’s contractor(s).
. Invalidation or removal of any of these rules or regulations
by judgment, decree, court order, statute, ordinance, or
amendment by the DCB, shall in nowise affect any of the
other provisions which shall remain in full force and effect.
Broadmoor, Village Nine
. Broadmoor, or Village Nine, is a mobile home park off
of Poinciana Boulevard, just south of U.S. Highway 17-92.
Broadmoor is a Village. It has a separate Association (the
“Broadmoor Association”) with its own Board
of Directors. Broadmoor is represented on the DCB. In addition
to the other provisions of these Criteria, this Section
is applicable to Broadmoor ONLY and encompasses the provisions
of the Declaration of Use Restrictions for Broadmoor at
Poinciana. Notwithstanding any of the other provisions of
these Criteria, in the event this Section 17 shall conflict
with any other Section of these Criteria, this Section 18
shall control as to Broadmoor ONLY.
. Any mobile home installation upon any Lot within Broadmoor
shall be in accordance with the standards and requirements
of the DCB with the exception of Lots owned by Avatar. On
Lots owned by it, Avatar shall have the right to approve
the manner of installation and type of any mobile home.
All such installation must meet the Building Code of Osceola
County as well as other regulatory requirements in effect.
Minimum Installation and Placement
. All such mobile homes shall be placed and installed at
the Owner’s expense and shall meet the following minimum
installation and placement requirements and be approved
by the DCB or Avatar, as applicable. Those residents, who
become residents in Broadmoor after the effective date of
these Criteria, shall not be required to have and maintain
carports. Therefore, the following carport regulations shall
only apply to those residents who currently have and maintain
carports and to future residents who opt to have carports.
22.214.171.124 An aluminum fabricated carport roof including
posts and fascia and wood structures;
126.96.36.199 A concrete patio slab covered by an aluminum fabricated
roof including posts and fascia;
188.8.131.52 A concrete carport slab;
184.108.40.206 One driveway extending from carport, slab to curb
including flair at curb;
220.127.116.11 Shingle, metal and/or rubber roofs shall be installed
on all mobile home units;
18.104.22.168 No singlewide mobile homes shall be permitted;
22.214.171.124 Skirting material sufficient to enclose entire
base of home;
126.96.36.199 Water, sewer and electricity connected from mains
188.8.131.52 Landscaping with appropriate plants, grass, shrubs
184.108.40.206 Mobile home completely set up on piers, leveled,
and running gear and tongue removed;
220.127.116.11 Mobile home tied down and inspected; and
18.104.22.168 Preliminary and final surveys by a Registered
22.214.171.124 Complete survey, by a Florida Licensed Surveyor,
denoting layout of home with all setbacks, driveway, slabs,
sheds or accessory buildings, landscaping layout, as well
as a statement that the lot must be fully sodded.
. In addition, all such placement and installation shall
allow for the setbacks provided in Exhibit 1 attached hereto,
except for air-conditioners, walkways and steps where no
vertical supports are used.
. Fencing will not be permitted on the perimeter of any
Lot where drainage canals or swales exist. Where fencing
is permitted, it shall consist only of chain link and must
be four feet (4’) high (no more and no less).
One Home Per Lot
. No more than one mobile home shall be placed in each
Lot, with the exception of two or three mobile homes which
are joined to form a single dwelling.
. No mobile home installed within Broadmoor shall be less
than thirty-four feet (34’) in length, including hitch,
and twenty feet (20’) in width.
. Any mobile home placed on any Lot or Lots must have complete
sanitary facilities including a lavatory, wash basin, tub
or shower, and kitchen sink and must be connected to sewage
outlets and the water supply in conformity with Osceola
County Health Requirements.
. No used mobile home shall be permitted to be installed
without the prior written approval of the DCB; provided,
however Declarant may install the same if Declarant owns
the Lot. The DCB’s written approval of used mobile
homes shall be base on, but not limited to, the condition
of the used mobile home as “As New”.
Single Family Restriction
. All Lots within Broadmoor shall be used for single family
residential use only.
. With regard to Lots owned by it, Avatar has the right
to specify and approve of the quality of workmanship and
materials as well as the style and design of mobile homes
located on its Lots in order to insure uniformity and harmony
of external design and construction. In addition, Avatar
has the right to specify minimum square footage requirements
of mobile homes on its Lots as well as to approve of any
additions thereto subject only to the
requirement that the square footage not be less than the
minimum requirements set forth in Section 18.2.5.
. No dock, wharf, landing, boat house, boat or other structure
extending into or over the lake, canal, waterway or drainage
easement within Broadmoor shall be permitted.
Septic Tanks and Wells
. No septic tank shall be constructed within Broadmoor.
A well may be constructed for irrigation purposes only.
Signs and Advertisements
. Unless installed by Avatar, no signs or advertisements
shall be displayed in or about Broadmoor of rights-of-way
except with the expressed written permission and approval
of the DCB and in accordance with specifications designated
. Developer, APV and its Board of Directors, officers,
members and agents (the “APV Representatives”)
and the DCB and its members and agents (the “DCB Representatives”)
or any other person acting on behalf of any of them, shall
not be liable for any cost or damages incurred by any applicant
or any other party whatsoever, due to any mistakes in judgment,
negligence, or any action of Developer, APV Representatives
or DCB Representatives in connection with the approval or
disapproval of plans and specifications. Each Owner agrees,
individually and on behalf of its heirs, successors and
assigns by acquiring title to a home, that it shall not
bring any action or suit against Developer, APV Representatives
or DCB Representatives in order to recover any damages caused
by the action of Developer, APV Representatives or DCB Representatives
in connection with the provisions of this Section. Developer,
APV Representatives and DCB Representatives shall not be
responsible for any defects in plans or specifications or
the failure of same to comply with applicable laws or code
nor any defects in any improvements constructed thereto.
Each applicant submitting plans and specifications for approval
shall be solely responsible for the sufficiency thereof
and for the quality of construction performed thereto.
Amendments to Criteria
. Any modifications or amendments to these Criteria shall
be consistent with the provisions of the Declaration, and
shall not be effective until approved by the APV Board.
Notice of any modification or amendment to these Criteria,
including a verbatim copy of such modification or amendment,
shall be posted within the Poinciana Villages, provided,
however, the posting of such modification or amendment shall
not constitute a condition precedent to the effectiveness
or validity of such modification or amendment
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