EMERSON SQUARE HOMEOWNER'S HANDBOOK - Emerson Square Community - Vesta ...
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EMERSON SQUARE
HOMEOWNER’S HANDBOOK
Emerson Square Community
Property Management Company – Vesta Property Services
27180 Bay Landing Drive, Suite 4
Bonita Springs, FL 34135
239-947-4552EMERSON SQUARE COMMUNITY ASSOCIATION
NEW RESIDENT INFORMATION FORM
DATE OF CLOSING: ___________________________________________________________
UNIT OWNER(S) NAME: ___________________________________________________________
PROPERTY ADDRESS: ___________________________________________________________
Fort Myers, FL 33908
HOMEOWNER___________________ _____________________________ ____________________________
NAME HOME PHONE NUMBER CELL PHONE NUMBER
HOMEOWNER___________________ _____________________________ ____________________________
NAME HOME PHONE NUMBER CELL PHONE NUMBER
ADDRESS FOR CORRESPONDENCE
TO BE SENT: ___________________________________________________________
___________________________________________________________
UNIT OWNER E-MAIL ADDRESS: ___________________________________________________________
UNIT OWNER E-MAIL ADDRESS: ___________________________________________________________
VEHICLES: (Please Include a Copy of Vehicle Registration)
MAKE & MODEL _______________________________ LICENSE PLATE NO. _______________ STATE______
MAKE & MODEL _______________________________ LICENSE PLATE NO. _______________ STATE______
OTHERS WHO WILL OCCUPY HOME
NAME: __________________________________________________ RELATIONSHIP______________________________
DATE OF BIRTH: _________/_________/________ PHONE #___________________
NAME: __________________________________________________ RELATIONSHIP______________________________
DATE OF BIRTH: _________/_________/________ PHONE #___________________
NAME: __________________________________________________ RELATIONSHIP______________________________
DATE OF BIRTH: _________/_________/________ PHONE #___________________
RECEIVED EMERSON SQUARE HOMEOWNER’S HANDBOOK YES_____ NO______ VERSION_________
Return all documents to:
Emerson Square Community Association
C/O Vesta Property Services
27180 Bay Landing Drive, Suite 4
Bonita Springs, FL 34135
239-947-4552
HOME OWNER SIGNATURE _________________________________________ Date: ____________________EMERSON SQUARECOMMUNITY ASSOCIATION
HOMEOWNER DUES AND NON-PAYMENT LATE CHARGES
Maintenance Fees are due on first day of each quarter:
January 1st, April 1st, July 1st, October 1st
The Association provides coupon books to each unit owner. It is the responsibility of the Unit owner to send
the payments on time to the respective lock box with the coupon or use the approved methods.
Maintenance Fees not received by the fifteenth (15th) day, of the first month of the quarter in which the
payment is due, will be assessed a late fee of Twenty-five Dollars ($25.00) and an Interest Charge of One
and one half percent (1½%) monthly or Eighteen Percent (18%) annum. A Past Due Notice will be sent to
the unit owner after the new charges are added to the unit owner account.
After the seven (7) day period has expired from the sending of the Past Due Letter to the Unit Owner, and
payment has not been received, the Unit Owner will be sent to the Association Attorney for collection. The
Attorney will start the collection process and additional charges will be added to the Unit Owner ledger.
Once the Unit Owner has been sent to the attorney, the Association cannot and will not negotiate any
settlement with the Unit Owner. All negotiations will be imitated between the Association Attorney and the
Unit Owner or the Unit Owner’s Counsel. Each Unit will be collected to the fullest extent of the law.
A non-payment action could/would result in a lien placed on the property all the way to the foreclosure
process.
Any homeowner who is delinquent is urged to treat the matter seriously and to make arrangements for
immediate payment to prevent any legal action.
Updated September, 2015EMERSON SQUARE COMMUNITY ASSOCIATION
QUARTERLY ASSESSMENTS – YOUR PAYMENT OPTIONS
The transition of the association’s accounting, effective November 1, 2017 will require every owner to
modify his or her existing arrangement, commencing with the January 1, 2018 payment. We cannot follow
any direct debit instructions previously provided to your former management company.
If you do not wish to re-enroll for ACH (direct debit from your account), please ensure that you send your
future payments to the lockbox address below.
Vesta Property Services provides multiple payment options for your convenience. These are listed below with
some additional information to assist you with getting your payment to the association by the due date:
Paying by Check
• Your check should be made payable to EMERSON SQUARE COMMUNITY ASSOCIATION (please do not
use Vesta Property Services as the payee).
• Write only your account number in the “Memo” field on the check. This number will be located in the upper
right side of your statement.
• Please mail your check directly to the association’s bank processing facility below. Please do not mail your
check to our office.
EMERSON SQUARE COMMUNITY ASSOCIATION
c/o VESTA PROPERTY SERVICES
P.O. BOX 620757
ORLANDO, FL 32862-0757
We recommend that you allow at least fourteen (14) business days prior to the assessment due date for the
mailing and the recipient bank to process your check.
Paying via Online Banking
• In most cases your bank will be mailing your payment as a paper check to the association’s bank processing
facility.
• Your bank will not be mailing a coupon to assist the recipient bank to accurately process your payment. It is
very important that you adhere to the first two bullet points in the “Paying by Check” instructions above.
• Please note that your bank may not mail the payment on the day the amount is debited from your account, so
be sure to allow enough time for your payment to reach the association’s bank processing facility when setting-
up the payment date schedule.
Paying By Electronic Direct Debit (ACH), Credit Card, Debit Card, or eCheck
We cannot follow any direct debit instructions you previously provided to your former management
company.
If you would like to pay your assessments via electronic direct debit(ACH), credit card, debit card or eCheck please
visit our secure website; www.vestapropertyservices.com/sw. Please click on “Online Services” then “Alliance
Association Bank Online Payments”). There you will set up an account and select your preferred method of
payment.
ACH, Debit Card and eCheck payments are free. Please be aware that there is a fee for credit cards (imposed by
the bank) for this service.
All the staff at Vesta Property Services are fully committed to making this a long and successful relationship.
Please do not hesitate to contact us if you need assistance.EMERSON SQUARE COMMUNITY ASSOCIATION
SECTION 3.0 RULES AND REGULATIONS
The following list summarizes some, but not all, of the Rules and Regulations, which are in place at Emerson
Square Community Association. Residents are responsible for reviewing and following all Emerson Square
Community Documents. Residents are also responsible for informing their guests of any applicable rules and
ensure compliance.
1. The Property is be used for single-family residential living and for no other purpose. No trade,
business, profession or other type of commercial activity may be conducted on any part
thereof.
2. Children shall be closely supervised at all times by an adult to insure that they do not become a
source of annoyance to other residents of Emerson Square. Children under the age of 12 are not
permitted in Common Areas unless accompanied by an adult. This would include the pool areas, gym,
clubhouse, etc. The Board of Directors shall at all times have the authority to reasonably require that
the Unit Owner, lessee, guest or other adult who is responsible for a particular child remove him or
her from any Common Area or Condominium Common Area if the child's conduct is such that the
Board believes this action is necessary.
3. Swimming or bathing in the lakes or water retention areas is prohibited.
4. Pets must be registered and approved by the Board of Directors and according to Association
Documents. Pet owners MUST pick-up after their pets. If not, the Association can have the pet
removed. More detailed information is included later in this section and the Pet Application Form is
in Section 3.1.
5. All Common Areas inside and outside any buildings shall be used for their intended purposes,
and no articles belonging to Unit Owners or their lessee(s) shall be kept therein or thereon, and such
areas shall at all times be kept free of obstruction. Corridors must not be obstructed or encumbered
or used for any purposes other than ingress and egress to and from the premises.
6. Drying or hanging area for laundry of any kind is prohibited in common areas or on individual unit
owner lots.
7. Garbage cans and recycle bins must be stored after trash and recyclables have been removed.
8. No aerial, antenna, antenna poles, antenna masts, citizen band or amateur band antennas or
satellite dish shall be placed or erected upon any Unit or Condo Common Areas or affixed in
any manner to the exterior of any building in the Property without the written consent of the Board of
Directors.
9. No tents, trailers, shacks, tanks or temporary or accessory buildings or structures shall be
erected or permitted to remain on any Unit or the Common Areas or Condo Common Areas without
the written consent of the Board of Directors.
10. All guests must register with the Property Manager prior to arrival at the Community. Guest parking
permits must be hung on the rearview mirror with the date(s) visible from outside of the vehicle. For
guests with a car staying overnight, or longer, a guest pass is required. Application forms for a
guest and the accessibility of the Community can be obtained from the Property Manager, and should
be submitted several days prior to the guest's arrival. Guests should carry guest passes with them at
all times, and present them if requested to do so.
Updated September, 2015EMERSON SQUARE COMMUNITY ASSOCIATION
11. The following are NOT PERMITTED to be parked outside of garages
a. Vans with less than four passenger seating.
b. Commercial vehicles.
c. Vehicles with signage other than law enforcement and public emergency vehicles.
d. Trailers.
e. Recreational vehicles.
f. Vehicles with tires over 33” high or deflated tires.
g. Vehicles not in operable condition or considered to be a nuisance
h. Boats.
12. No vehicle may be parked at the side of the streets overnight. Exceptions may be granted by the
Board of Directors and will be executed through the Property Manager. Any pass granted by the Board
must be displayed on the front dash of the vehicle.
13. Maintenance and repair of vehicles, boats and trailers is prohibited in Common Areas and Condo
Common Areas, or any portion of the property except within a closed garage.
14. Garage doors must remain closed except upon entering or exiting the garage.
15. No changes, additions or modifications are permitted without prior approval from the Architectural
Review Board and Board of Directors. This includes, but is not limited to, affixing or hanging of
name/address signs, decorations, landscape items etc. on the exterior/outside of any buildings.
16. No sign of any kind shall be displayed to public view on any unit, except the approved signs by
the Association.
17. Nothing shall be done to or maintained on any unit which may be or become unsightly or a nuisance
to residents in Emerson Square. In the event of a dispute or question as to what may be or become
unsightly or a nuisance, such dispute or question shall be submitted in writing to the Board whose
decision shall be final.
18. Any curtain, shade, blind or other type of window covering which is visible from the outside must be
either white or near-white in color.
19. Leasing or renting of the Unit by the Unit Owners shall be as permitted and subject to the
provisions set forth in the Emerson Square Community Documents and subsequent
changes/additions. No Unit may be leased for a period of less than thirty (30) days nor more than three
(3) times per year. No subleasing or assignment of lease rights is allowed unless the sub lessee or
subtenants are approved pursuant to the provisions of this section. No individual rooms may be rented
and no transient tenants may be accommodated. The Association reserves the right to have lease
payments made directly to the Association if a unit owner becomes more than 30 days delinquent in
payment of quarterly fees or assessments. A unit owner whose unit is leased may not use the
recreation or parking facilities of Emerson Square Community during the lease term.
20. Any damages to the Common Area (Social Room, Fitness Center, Pool Area etc.) will become the sole
responsibility of the homeowner. All accessed damages will become part of the HOA assessment.
Failure to pay these charges will result in a lien placed on the residence.
21. In any dispute between this document and the HOA documents the HOA documents shall prevail and
take precedence.
22. For security reasons, an approved lanai hurricane shutter may be in the down position for a term of
thirty (30) days if the unit owner is away and it is not hurricane season.
Updated September, 2015EMERSON SQUARE COMMUNITY ASSOCIATION 3.1 Parking and Towing Vehicles must (at all times, unless vehicles have a no towing pass) be parked in garages or on driveways and not on the street, empty lots, sidewalks or curbing. Parking is not allowed on the street due to the narrow nature. Fire and rescue vehicles need to gain access in emergency situations. No trailer, boat, truck, camper, or other vehicle, except four-wheel passenger automobiles and other four-wheel passenger vehicles determined acceptable by the Architectural Review Board, shall be permitted to park overnight on any portion of Emerson Square unless fully enclosed in the garage. Trailers, boats, trucks, and campers while on any portion of Emerson Square must be parked in the homeowner’s driveway and not in the street. Motorcycles are permitted on the Property, however, they are restricted to being parked in the garage only. In addition, the Board shall adopt rules and regulations from time to time regulating and limiting the size, weight, type and place and manner of operation of vehicles in Emerson Square. A Towing service has been contracted by the association to tow any vehicle in violation of the rules and regulations. They will make random visits between the hours of 11:00 p.m. and 6:00 a.m., Sunday through Saturday. Overnight parking is not permitted at the Clubhouse. 3.2 Animals and Pets Only common household pets (i.e. dogs, cats, birds and fish) may be kept in any unit, but in no event for the purpose of breeding or for any commercial purposes whatsoever. No other animals, livestock or poultry of any kind shall be kept raised, bred or maintained on any portion of Emerson Square. Permitted pets shall only be kept subject to and in accordance with such rules and regulations as shall be promulgated from time to time by the Association. However, under no circumstances will any dog whose breed is noted for its viciousness or ill temper, in particular the “pit bull” (as hereinafter defined), Presa Canario, or any crossbreeds of such breeds be permitted on any portion of the property. A “pit bull” is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying a majority of the physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. No exotic pet or animal of any kind which has venomous or poisonous defense or capture mechanisms, or if let loose would constitute vermin, shall be allowed on any portion of the property. No pet shall be kept outside a home or on any lanai, unless someone is present in the home. An owner shall immediately pickup and remove any solid animal waste deposited by his pet. The owner assumes all legal responsibility for the actions of his pet and shall indemnify the HOA and hold it harmless for any loss or liability due to the actions of his pet. Pets must be on leash and controlled by owner at all times when outside the home. The Pet Registration Form must be completed and submitted at the time of lease application. Updated September, 2015
EMERSON SQUARE COMMUNITY ASSOCIATION
PET REGISTRATION FORM
Date: _________________
Resident’s / Renter’s Name: ___________________________________________________________
Address: ___________________________________________________________________________
Home phone #________________ Work Phone #________________ Cell Phone #_______________
Type of Pet: _________________________________ Age: ________________________________
Breed: _____________________________________________________________________________
Approximate Weight: _________________ Color: ________________
Pet Name: _______________________________________________
Veterinarian’s Name: _______________________________________
Phone #: _________________________________________________
County License (Tag) # ______________________________________
A picture MUST be included with this Pet Registration / Approval.
I understand than any falsification of information or failure to register my pet may result in the denial
of approval by the Board of Directors.
I further understand that I am fully responsible for the actions of my pet and have read the Rules
and Regulations regarding the control and cleanup of my pet.
_____________________________________________
Name of Owner / Renter (print)
_____________________________________________
Signature of Owner / Renter
ATTACH PICTURE HERE
_____________________________________________
Association Approval / Disapproval (circle one)
_____________________________________________
Date
Updated September, 2015EMERSON SQUARE COMMUNITY ASSOCIATION
3.3 Tenant and Rental Information
The Association Documents provide for rentals within the following framework:
• A minimum of one month rental no more than three times per year.
• No portion of a home (other than an entire home) may be rented and the lease or sale of any home on a
time-share basis is prohibited.
• Approval is required from the HOA for all rentals.
• Landlord and tenants are required to complete and sign application forms plus a form of addendum
acknowledging certain conditions and accepting that the lease arrangement is subject to the HOA docs
and subject to enforcement pursuant to the HOA docs. The conditions are clearly pointed out on the
application forms that are part of this section. Additionally, all new tenants are required to submit to a
background check.
Our objective is to prevent confusion with both tenants and landlords, therefore a separate Rental Application
packet has been created. Homeowners and tenants must complete all required applications and forms in the
Emerson Square Rental Application Packet. The Rental Application Packet is located on the Emerson Square
website ( http://hoatown.com/EmersonSquare/ ), or may be obtained from the Property Manager.
Tenants are obligated through their landlord’s HOA Documents to abide by the Rules and Regulations of the
Community. Tenants are subject to censure and the violation process. In the event owners do not remit
homeowners dues, tenants will be required to remit rent to the HOA until such deficit is satisfied.
Updated September, 2015ENVERA Resident Registration Form
Nl:XT DCNCRATION SECURITY
( )New ( )Update ( ) Delete
Community Name:
Owner I Tenant Name:
Owner I Tenant Name:
Rental Term: Start Date: End Date:
Primary Phone: Alternate Phone:
Community Street Address:
Email Address:
Vehicle Information:
Make Model State Plate Number
Gated Communities with an Envera Virtual Gate Guard Kiosk:
Once your form has been processed, a MyEnvera account will be created for you. Your username and password will then be emailed
(if provided) or mailed to you. It is required for you to access your account online at www.myenvera.com or through our Smartphone
App (available on both Android and iPhone) . The Help section will explain the essentials of the system and how you may interact with
it. In addition to MyEnvera, you may also schedule guests over the phone by calling Customer Service at (877) 936-8372.
With the information below, Envera will enter your initial visitor list for you, or you may enter it on your own on your MyEnvera
account. This list should be used for any and all relatives, house guests or service providers that you expect on a regular basis. Please
provide a first & last name or company name in the spaces below.
Permanent Visitor/Vendor List:
The information above will remain confidential and will be used solely for the purpose stated. It is the responsibility of the resident to
keep the above information current. Please advise us with any changes, additions or deletions by logging on to your account at
www.myenvera.com, or by calling our office (877) 936-8372, by fax (941) 556-0737, or by emailing
customerservice@ enverasystems.com.
FOR ENVERA USE ONLY: Credential Type: (F)ob (S)ticker (C)ard (MT)Metal Tag
#1 ( ) #2 ( ) #3 ( ) #4 ( )
FL License # EF20000787For Office Use Only:
EMERSON SQUARE COMMUNITY ASSOCIATION Guest Transponder #__________
Pmt Amt Recd _______________
Receipt # ___________________
GUEST ENTRY FORM Processing Date______________
Expiration Date ______________
Please check one (Required).
_____ Class IV - Guest with a car staying less than 30 days. Guest pass allows for daytime entry. Call box to
resident after hours.
_____ Class V (FEE) - Guest transponder for up to 30 days. $30 cost for transponder + $20
activation/processing fee for each activation. Renewable monthly.
_____ Class VI (FEE) - Guest staying longer than 30 days. $30 cost for transponder + $125 annual access
fee. Background check required. Renewable annually.
UNIT OWNER(S) NAME ____________________________________________________________________
PROPERTY ADDRESS _____________________________________________________________________
Fort Myers, Fl. 33908
GUEST NAME/DRIVER________________________________________ CELL NUMBER (______) ________
DRIVERS LICENSE NUMBER __________________________________ STATE _______________________
(If applying for Class VI entry, you must provide the following for background check of driver)
Social Security # ____________________________________ Date of Birth __________________________
ADDITIONAL GUEST NAME(S) ______________________________________________________________
_________________________________________________________________________________________
TERM OF OCCUPANCY (Class IV and Class V - Maximum of 30 days. Class VI will expire 1 year from date of
issue.)
FROM: ____________________TO:____________________
VEHICLES: (If vehicle is a rental, guest is required to provide guard with copy of rental agreement upon arrival.)
MAKE & MODEL_______________________________ LICENSE PLATE NO. ______________STATE______
PET INFORMATION:
If pet is also accompanying guests, please complete the information below. Please note, you are required to
clean up after your pet.
TYPE OF PET: _______________ AGE: _____ BREED: ___________________________________________
APPROXIMATE WEIGHT: ___________NAME: _____________________ COLOR: _____________________
GUESTS AGREE TO FOLLOW ALL RULES AND REGULATIONS OF EMERSON SQUARE. HOMEOWNERS
ARE RESPONSIBLE FOR ADVISING GUESTS OF THESE RULES AND REGULATIONS AND ARE
REPONSIBLE FOR THE ACTIONS OF THEIR GUESTS. Owners violating the HOA’s tenant policy either by
(a) leasing their property for less than 30 days, or (b) leasing their property without complying with the
HOA’s application process and receiving the HOA’s prior approval, will be assessed a fine of $100 per
day for each day the violation continues, up to a maximum of $1,000 per violation. I understand and agree
to abide by the rules of the HOA.
HOMEOWNER/TENANT’S SIGNATURE________________________________________ DATE: _________
Please return form to Property Manager during regular office hours at Amenity Center. If no fees are
involved, you may email the form to the Property Manager at suesykesdgs@comcast.net. Forms will not
be processed over the weekend, so please plan ahead.
Updated September, 2015EMERSON SQUARE COMMUNITY ASSOCIATION
SECTION 5.0 HURRICANE RULES AND STANDARDS
(Amendment to documents & recorded on December 20, 2010)
If any owner wishes to install shutters different from the galvanized steel ones provided by Centex, they must
first receive written permission from the Architectural Review Committee. The installation, replacement,
operation, repair and maintenance of such shutters in accordance with the procedures set forth herein is the
responsibility of the Owner and shall not be deemed a material alteration of the common elements or association
property. ..
HURRICANE STANDARD
1. All shutters must meet or exceed current County Building Code standards.
2. All permanently attached portions of the shutters of frame must be color matched, as close as possible,
with the existing color of the house or the window bands, unless clear.
3. Owner is responsible to obtain all necessary county permits, and all shutters must be professionally
installed.
4. Owner is responsible for any damage to common property during the installation.
5. If storm shutters are installed which do not conform to the specifications approved by the Homeowners
Association and the ARC, then the storm shutters will either be removed or made to conform by the
Homeowners Association, at the Home Owner's expense.
6. Hurricane season is June 1st through November 30th.
7. The following types of shutters are approved by the ARC and the Association for installation with proper
approvals.
a. Roll Down Shutters, Automatic or Manual
b. Accordion Shutters
c. Clear Lexan Panels (polycarbonate)(Vertical ONLY)
d. Mesh Fabric Storm Covers
e. Galvanized Steel Panels
f. Bare Aluminum Panels
g. Plywood Panels (No Graffiti of any kind)
8. All types of shutters for the front of the unit only may be put up five (5) days before the issuance of a
hurricane watch is by the National Hurricane Center and must be removed within five (5) days after the
cessation of a hurricane watch or warning for the same (“Hurricane Shutter Time Period”)
9. Roll Down, Accordion and Lexan Panels maybe utilized in the rear and sides of the unit during
June 1st through November 30th.
10. Lanai shutters, with the exception of wood, galvanized steel panels and bare aluminum panels, only may
be utilized within the screened area of the lanai during June 1st through November 30th. If painted the
same color as the trim of the unit, wood, galvanized steel panels and aluminum panels may be utilized
between June 1st through November 30th.
Every owner who plans to be absent during the hurricane season should prepare their home prior to departure
by removing furniture, potted plants and other moveable objects, if any from the home's entryway and lanai
areas. A reliable firm or responsible individual should be designated to care for their home if any hurricane
damage should occur. The Association must have the name of the responsible party contracted by the unit
owner for the installation/removal of shutters.
Updated September, 2015EMERSON SQUARE COMMUNITY ASSOCIATION SECTION 6.0 ASTER PLACE AND CONCORD ARCHITECTURAL GUIDELINES Emerson Square is a deed restricted community; therefore all changes and alterations to the exterior of the home must be approved through the Architectural Review Committee (ARC). Starting work without submitting an ARC form and receiving ARC approval will result in a $50 fee. An ARC form is still required and any work done may be required to be removed at the applicant’s expense if not approved by the ARC. The owner acknowledges that they agree to remove any such unapproved work if ordered to do so by the Emerson Square Board of Directors. Once all parties agree to the terms of the ARC request, have signed the form and provided all documents and signatures, the applicant and vendor may move forward on the approved work. PERTAINS TO ALL PROJECTS: ALL PROJECTS MUST BE ACCOMPLISHED WITHIN 30 DAYS FROM THE APPROVAL DATE WITH THE EXCEPTION OF POOLS WHICH WILL BE ALLOWED 45 DAYS. IF AN EXTENSION IS NEEDED, THE OWNER MUST CONTACT THE ARC IN WRITING TO REQUEST THE EXTENSION. Attachments to Structures Attachments to any part of the home are NOT PERMITTED (unless originally installed during construction phase). These include name signs, different number signs, decorative shutters, trash bins, and tool storage structures. Hose reels are permitted on the side of the home but must be camouflaged by plantings. Please use discretion when installing these items in the rear of the home. Pavers to the front steps, porches and lanai must be approved. Front step pavers must match the color of the current driveway pavers; any other type of stone or paver material must be presented to the ARC with color swatches. No underground tanks are allowed for any purpose. Awnings Awnings will only be approved in the rear of the home. A color swatch of the awning must be submitted with the ARC request. The awning color must match the trim or body color of the home. Any boxes, poles or attachments which are permanently affixed will be required to match the background color against which it is mounted. Lanai curtains are permitted with prior ARC approval. Exterior Lighting All exterior lighting must be approved with the exception of solar lighting, which can be installed in landscape beds but cannot interfere with lawn maintenance equipment. Lighting of any kind is not permitted down the sides of the driveways. The intent of exterior lighting should be to enhance the architectural detail and landscape design of a structure during evening hours without overpowering streetscape or produce excessive glare affecting adjoining lots and traffic. White, frosted or clear lamps should be used. Colored lamps are prohibited except for short-term seasonal displays. A low to medium level of illumination (low voltage) to achieve a soft look or warm glow is required. Quartz, mercury, high pressure sodium, high intensity and xenon lighting are prohibited for all exterior lights, including coach lights. Exterior Painting No approval is required to repaint the home and trim the original colors, as long as the homeowner verifies the color with the color palette of the community provided by our property management company. ARC approval is required if a change in the home or trim color is desired. Color swatches must be attached to the request and must match the color palette of the community and must be different than the neighbor’s home located on either side. The exterior of the home must have only 2 approved colors, the main home color and the trim color. The front door, garage door and front porch color can be the main color or the trim color. Fences, Walls and Decorative Planters All fences, (including invisible fences), walls and permanent decorative planters are prohibited. Updated September, 2015
Flags/Flag Poles
Prior approval is required for one (1) permanent flag pole. No approval is required for one (1) portable flag
pole which can be attached to the exterior wall below the soffit of a structure displaying a 3’ x 5’ or 4’ x6’ flag.
Flags cannot display or include letters, words, logos or representations that are in the nature of an
announcement, direction or advertisements. Flags of a nation, city, state and school are exempt from the
preceding ban on letters, words, logos and representations. The flag displayed must be maintained in
excellent condition and should be displayed in the manner intended. Flags that are tattered and faded must be
replaced. The nation’s flag must be illuminated at night. No approval is required for a limit of one (1) small
yard flag (12” x 18”) which can be displayed in the front of the home provided it does not interfere with the
lawn and shrubbery maintenance.
Gutters and Downspouts
Approval is required for gutters and downspouts which must match the trim color of the home. An additional
option would be for gutters to match the trim and downspouts to match the body color of the home, except for
pool and or lanai cage which is bronze. All downspout discharge locations must be approved. For the front of
the home, downspouts must be directed to flow onto the driveway or toward the street and in some instances
they may be required to drain out into the yard with the use of an underground pipe attached to a catch basin.
With gutters on the side or rear of the home, it is mandatory that they drain out into the yard with the use of an
underground pipe attached to a catch basin. To ensure best placement, the installation of the underground
pipe and catch basin must be installed by Emerson Square landscapers at the owner’s expense. Owner must
contact the Emerson Square landscape company to request a proposal which must be attached to the ARC
form at the time it is submitted.
Hurricane Shutters
Hurricane shutters that were supplied by the builder (silver aluminum) must follow the established Hurricane
shutter rules. Any other type of shutter (roll downs, accordion, clear panels, hurricane screening, impact glass,
etc.) needs approval. Color must match the trim/body color of the home. Clear panels must be installed in the
inside frame of the window opening and can only be vertical. The following are the current Hurricane Rules
and Standards Established December 2010:
1. All shutters must meet or exceed current County Building Code standards.
2. All permanently attached portions of the shutters of frame must be color matched, as close as
possible, with the existing color of the house or the window bands, unless clear.
3. Owner is responsible to obtain all necessary county permits, and all shutters must be professionally
installed.
4. Owner is responsible for any damage to common property during the installation.
5. If storm shutters are installed which do not conform to the specifications approved by the
Homeowners Association and the ARC, then the storm shutters will either be removed or made to
conform to the Homeowners Association specifications, at the homeowner's expense.
6. Hurricane season is June 1st through November 30th.
7. The following types of shutters are approved by the ARC and the Association for installation with
proper approvals:
A. Roll Down Shutters, Automatic or Manual
B. Accordion Shutters
C. Clear Lexan Panels (polycarbonate) (Vertical only)
D. Mesh Fabric Storm Covers
E. Galvanized Steel Panels
F. Bare Aluminum Panels
G. Plywood Panels (No Graffiti of any kind)
8. All types of shutters for the front of the unit only may be put up five (5) days before the issuance of
a hurricane watch by the National Hurricane Center and must be removed within five (5) days after the
threat has passed.
Updated September, 20159. Roll Down, Accordion and Lexan Panels may be utilized in the rear and sides of the unit during June
1st through November 30th.
10. Storm shutters made of wood, galvanized steel or bare aluminum panels can be utilized within the
screened area of the lanai during June 1st through November 30th if they are painted the same color
as the body or trim of the unit.
Every owner who plans to be absent during the hurricane season must prepare their home prior to
departure by removing furniture, potted plants and other moveable objects, if any from the home's entryway
and lanai areas. A reliable firm or responsible individual should be designated to care for their home if any
hurricane damage should occur. It is recommended that the Association have the name of the responsible
party contracted by the unit owner for the installation/removal of shutters.
Landscaping
• Annuals
Annuals are permitted to be planted within existing beds without permission. The primary requirement is
that they be promptly removed at the end of their useful flowering period. Discretion should be made when
adding these plantings. If at any time the property becomes overgrown, the homeowner will be asked to
trim and/or remove the overgrowth.
• Flower Pots
The use of flower pots with flowers to accentuate the front of a home is limited to four (4) pots in the front
of the home; they cannot exceed 36” in height. Artificial plants are permitted, however they must be
removed if they become faded and are no longer appealing. No hanging pots with flowers/plants are
allowed in the front of the home, pots cannot be hung in trees or palm trees. All pots must be maintained
and any dead plants/flowers must be removed.
• Trees, Shrubs, Planting Beds
At the time of inception, the Developer of Emerson Square filed a landscape plan, the Development Order
(DO) with the County that “Runs with the Land.” In other words, any landscape changes must comply with
this plan. Per the landscape DO, a canopy tree can be removed; however, it must be replaced with either
another approved canopy tree or a cluster of three (3) palm trees. At the time of installation, a tree must
be ten (10) feet in height and have a trunk with a minimum of a two (2) inch caliber when measured one
(1) foot from the ground and have a canopy of four (4) foot across. Palm trees must have a minimum of
ten (10) feet of clear trunk. All trees must have a two (2) inch layer of mulch laid and have a ring of mulch
around not less than twenty four (24) inches beyond the trunk.
Approval is required for the removal and/or addition of trees, shrubs and planting beds, as well as the
addition of new landscaping related to after the fact additions such as pools or decks. “Exotic” species and
high maintenance items such as fruit trees are not permitted. If at any time the plants are considered to be
a nuisance you may be asked to trim them or remove the affected plants. The following plants/trees will be
allowed:
INCLUDED ON THE LAND DEVELOPMENT ORDER LIST ARE:
Trees:
Black Olive (Shady Lady) Mahogany Tree
Cabbage Palm Paurotis Palm
Dahoon Holly Pitch Apple
Green Buttonwood Royal Palm
Lignum Vitea Sea Grape
Live Oak Slash Pine
Loblolly Bay Southern Magnolia
Mahoe Tree Sweet Acacia
Updated September, 2015Shrubs:
Beautyberry Saw Palmetto
Coco Plum Sea Grape
Indian Hawthorne Silver Buttonwood
Necklace Pod Yaupon Holly
Pitch Apple Wild Coffee
IN ADDITION TO THOSE, THE BOARD OF DIRECTORS HAS APPROVED:
Allamandra Crown of Thorns Jatropha Tree
Arbicola Crotons Junipers
Areca Palm Eugenia Lantana
Bird of Paradise Firebush Ligustrum
Bismark Palm Flax Lillies Mexican Petunias
Bottle Brush Tree Foxtail Palm Oleander
Bougainvillea Gardenia Plumbago
Cassia Tree Geiger Tree Podocarpus
Christmas Palm Ginger Tree Poinciana
Clusia Green Island Ficus Queen Palm
Coconut Palm Hibiscus Roebelenii
Cocoplum Tree Ixora Viburnum
Copperleaf Jasmine
Plants and trees not on the above list will be considered by the ARC and must be native to the SW Florida
region.
Lots must meet or exceed the minimum requirements of the landscaping section of the Lee County
Landscaping Code (two deciduous trees per lot).
• Vines and Trellises
Approval is required for vines, ground cover vines and trellises. A drawing of placement must be included
in request.
• Other Enhancements
Other landscape enhancements being placed in the front of the home such as fountains, outdoor furniture,
statues, urns, vases, landscape borders, garden art etc. require approval. No bird feeders are allowed.
Items cannot exceed 36” in height and must be earth tones (browns, beiges, tans, off white, terracotta).
No more than one item will be approved per elevation. Lawn furniture is not allowed on the grass or in the
landscape areas.
Play Equipment
Portable play equipment is permitted in yards and driveways but must be removed nightly. No permanently
installed play equipment is allowed in the front, side or back yards, including but not limited to play complexes,
tents, tree houses, skate board ramps, tennis and badminton nets, soccer goals, trampolines, swing sets and
jungle gyms.
Basketball goals are permitted in driveways during the daylight hours and must be removed each night.
Updated September, 2015Pools, Spas and Lanai Extensions Above ground pools and ground level patios are not permitted. With prior approval a 6 x 6 BBQ pad will be permitted. All in-ground pools/spas, lanai extensions and above ground spas must have approval before construction can begin. These extensions and their enclosures must be attached at the current lanai height and shall not encroach on the easement as stipulated on your land survey. All pool and lanai additions must include plans or blueprints indicating the exact dimensions and should indicate where it will be built on the survey. All pools and lanais are required to have screen enclosures and must be bronze in color. Any overflow from the pool MUST be disbursed into a rock drainage pit. The construction of a pool, spa or lanai may not change the grade of the existing landscape. All equipment being used on the project must remain in the rear of the home and be removed as soon as it is no longer needed. All construction debris, including plants and trees, must be removed and cleaned up on a daily basis. Homeowner and vendor will be responsible for any erosion or damage to common and personal property. Any resultant alterations to systems for landscaping and irrigation are the financial responsibility of the homeowner. Irrigation alterations must be done only by the HOA’S current landscape maintenance company. The homeowner is responsible to contact the landscape company. A complete landscape design, including the area of the drainage pit, is required with all pool and lanai enclosures. A copy of the irrigation and landscape proposals must be submitted to the ARC as soon as the pool and pool deck are erected. Procedures for all lanai gutter and downspout installations must be followed in accordance with the guidelines as set forth in the “Gutters and Downspouts” section on page 2 of these guidelines. Propane filled tanks are prohibited as a heating source for pools and spas. Satellite Dishes A satellite dish is allowed but must be approved prior to the start of installation. ONLY one (1) satellite dish (39.37 inches or less) may be installed on your property. Dish shall not be installed on the front of the home or the front half of the side of the home. Placement must be on the side at least half way back or further, or in the rear of the home. If on a stand it must be as low to the ground as possible and be camouflaged by landscape. Dishes must be removed upon the sale of the home. The new homeowner will not be grandfathered if the current placement is not in compliance. Signage An owner shall not display any sign, advertisement or notice of any type in Emerson Square. Please reference your homeowner’s handbook for real estate signage regulations. Holiday Decorations Holiday decorations are allowed for the following Holidays: Easter, Valentine’s Day, St. Patrick’s Day, July 4th, Memorial Day and Thanksgiving. Decorations can be put up beginning two weeks before the Holiday and must be removed within the following week after the holiday. Halloween/Fall decorations can be put up in the month of October with the exception of lights and inflatable lawn decorations which are limited to one week before the holiday. All decorations are to be removed within the following week. Decorations for Christmas, Hanukkah, Kwanza and any other holiday that falls in the month of December can be displayed beginning November 15th and must be removed by January 15th. Windows/Doors Windows and door glass may be tinted with reflective film without prior approval and be light grey or smoke in color. All changes to the appearance of the glass on the front door must be pre-approved which include but are not limited to frosted, sandblasted and decorative doors. The only glass colors that will be approved are light gray, clear and smoke. No stained glass or wrought iron look will be considered. A picture of the design must be enclosed with the ARC request. “Invisible” screen doors are allowed with prior approval; however they cannot be utilized when the front door is closed. All doors and door frames must remain either the color of the body of the house or the trim color. Window Treatments Window treatments shall consist of draperies, blinds, shutters, or other tasteful window coverings. No newspaper, aluminum foil or plastic are permitted to cover the windows or doors. Temporary window shades, plain towels or sheets can be used during the initial period of occupancy by a new owner/tenant. Updated September, 2015
6.1 ARC Request Application Please note that the most current application forms can be found on the Emerson Square website (www.hoatown/EmersonSquare.com) or from the Property Manager. Please note work cannot commence on any exterior modification until you have received approval from the Architectural Review Committee (ARC). This form must be submitted and approved prior to the start of any work. The homeowner will be assessed a $50 late fee for an application that is submitted after the work begins. 6.2 Vendor ARC Application Please note that the most current application forms can be found on the Emerson Square website (www.hoatownEmersonSquare.com) or from the Property Manager. Please note work cannot commence on any exterior modification until you have received approval from the Architectural Review Committee (ARC). Entry into the community will be denied until you receive written approval via email. Revised September 2015
EMERSON SQUARE COMMUNITY ASSOCIATION
SECTION 7.0 TRASH, LAUNDRY, PROPANE STORAGE, LAKES AND SIGNAGE
Use and Storage of Gasoline
No Hibachi, gas fired or charcoal grill may be used or stored on any balcony or under any overhanging
portion or within 10 feet of any structure.
The storage of cylinders within a residential building (carriage homes) is restricted.
The storage of cylinders in a single family home is permitted in attached garages with water capacity and
weight limitations. (Ref: Uniform Fire Code).
Regarding the storage of gasoline, the San Carlos Park Fire Protection and Rescue Service District
recommends that:
o All gasoline be stored in safety containers
o The individual safety containers should be no more than five (5) gallon and no more than ten (10) gallons
total of gasoline be stored.
Trash and Recycling
Trash and Recycle Bins should not be put out until after 6:00 PM the night before pick-up. Containers should
not be placed on grass where they may interfere with mowing and maintenance. Trash and Recycycle bins
should be separated from each other by at least 2 feet.
Cardboard boxes should be broken down. Glass and cans should be rinsed. Recycling receptacles can be
obtained from Lee County.
Trash and Recycling Day is on Thursdays. Usually on federal holidays the pickup is delayed one day. Trash
Containers are recommended. Boxes, plastic and paper bags that contain trash attract insects, rodents and
other wild life. For this reason, please do not put loose trash bags out until the morning of trash day.
Laundry
Clotheslines and wooden clothes drying racks are not permitted outside the home. Please refrain from hanging
clothes on lanai’s and pool enclosures.
Lakes
Swimming, fishing, jet skis and boating is not permitted in any of the lakes in Emerson Square or lakes within
The Harborage.
Signage
No signs of political, religious or non-profit organizations are allowed in Emerson Square. For Sale and Open
House signage is permitted as specified in the guidelines located in Section 10 of this manual.
Updated September 2015EMERSON SQUARE COMMUNITY ASSOCIATION
7.1 San Carlos Park Fire Protection and Rescue Service District
(Fire Marshal letter regarding propane)
Updated September 2015EMERSON SQUARE COMMUNITY ASSOCIATION
SECTION 8.0 AMENITY CENTER RULES AND REGULATIONS
The Emerson Square Amenity Center consists of the Fitness Center, Pool, Spa, Deck Area, and Clubhouse.
The following information contains the rules and regulations governing these areas.
8.1 Fitness Center Rules and Regulations
The safety and enjoyment of the members of the Community and the protection of the community’s
investment are the primary concern in the operation of the Fitness Center.
Please remember any damage to the equipment could affect the Association’s HOA dues.
Reminder: If we show courtesy and consideration for others in the use of the Fitness Center a minimum of
guidelines will be needed.
• HOURS are 5:00 A.M. - 10:00 P.M. Sunday thru Saturday
• Do not use items of clothing or footwear that could damage the exercise equipment
• Proper attire is required which include shirts and sneakers. Please NO bare feet or flip flops
• Children under twelve (12) are not allowed in the Fitness Center with the exception of infants in baby
seats
• Young adults between twelve (12) - sixteen (16) must be accompanied by an adult
• Only closed liquid containers are to be used in the Fitness Center
• For sanitary reasons please wipe down equipment after each use
• Please be courteous of others and limit your time to 30 minutes per each equipment
• No PETS are allowed in the Fitness Center
• No WET bathing attire in Fitness Center
• Please clean up after yourself
• Please turn off TV, lights and fans when exiting the Fitness Center
Updated September 2015EMERSON SQUARE COMMUNITY ASSOCIATION
8.2 Pool / Spa / Deck Area Rules and Regulations
The safety and enjoyment of the members of the Community and the protection of the community’s investment
are the primary concern in the operation of the Pool Area. Please remember any damage to the furniture and
equipment could affect the Association’s HOA dues.
Reminder: If we show Courtesy and Consideration for others in the use of the Pool Area a minimum of
guidelines will be needed.
The pool/spa/deck hours are as follows:
8:00 a.m. to 8:00 p.m. during Daylight Savings Time (2nd Sunday in March to 1st Saturday in
November)
9:00 a.m. to 5:00 p.m. during Eastern Standard Time (1st Sunday in November to 2nd Sunday in
March)
• Night bathing is not allowed as per: (Chapter 64-E9 of the Florida Administrative Code and County
Ordinance copy of permit is attached).
• Use of the pool/spa during cleaning and servicing is at your own risk.
• Children twelve (12) and under must be accompanied by an adult at all times.
• Children over twelve (12) should not swim unless an adult is at home to be notified in the event of an
emergency, illness or conduct problem.
• Glass and breakable items can be a health and safety hazard and cannot be used in the pool area.
• Pets are prohibited in the pool deck area and pool.
• For health and sanitary reasons and to keep suntan lotion and body oils from getting on the furniture,
please cover chairs and lounges with towels.
• No food is permitted within three feet of the perimeter of the pool
o (Ref. Chapter 64-E9 of the Florida Administrative Code).
• Please use ashtrays. Empty ashtrays and place all trash in the containers provided.
• Alcoholic beverages including beer and wine are not allowed in the pool/spa/deck area.
• Please use shower in the deck area to wash off suntan lotion/oil before entering pool. Oils will "gum”
the tiles and dilute the chemicals.
• Hair that is longer than shoulder length should be braided or confined in a ponytail or bun. Loose
hair cannot be backwashed from the filter and reduces its efficiency.
• Swim diapers are required for all children still in diapers.
• The spa is not a children's pool. Children under twelve (12) cannot use the spa.
• No diving.
• No colored chalk in the pool area or any other place.
• Proper swimming attire is required.
• Running, rough play and excessive splashing in or out of the pool can be dangerous and is not
encouraged.
• No floatation devices (with the exception of children’s life jackets and water wings.)
• Upon leaving please fold down umbrellas and return any chairs or lounges that were moved during your
stay.
• Residents must accompany guests at all times. There will be a limit of two (2) guests. Guests are defined
as non-immediate family members. A family is defined as: the homeowner, their spouse, domestic
partner, or significant other, their children and grandchildren as well as the homeowner’s parents. In the
event you are going to have more than two guests, please contact the Property Manager for prior
approval.
• NO ONE under any circumstances should enter the pool equipment area with the exception of the pool
maintenance company.
Updated September 2015EMERSON SQUARE COMMUNITY ASSOCIATION
8.3 Community Clubhouse Rules and Regulations
(Below is an excerpt of Clubhouse rules posted in the Community Clubhouse.)
• The community clubhouse will be open: 5:00 am - 10:00 pm, seven days a week.
• Please make certain all doors are closed and locked when you leave the clubhouse. The resident who
unlocked the door is responsible for the clubhouse until the next key fob entry is recorded.
• Clubhouse security: Entry to the clubhouse will be via the resident or tenant’s registered key fob. Every
entry will leave a record of that resident or tenant’s access to the clubhouse. Clubhouse activity is
monitored via several cameras. Abuse of the clubhouse will constitute grounds for immediate restriction
of further use of the facilities. Residents and tenants are liable for the cost of repairs to any amenities
resulting from damage caused directly, or indirectly, by themselves or by their guests. The Board of
Directors of the Emerson Square Association has the right to suspend the use of privileges of any owner
or tenant for any violation of these rules for a time period determined by the Board.
• The clubhouse may be reserved for community events, private parties, weddings, receptions, baby
showers, etc.
• The clubhouse will be closed for common use for all events scheduled on the master community
calendar.
• The clubhouse cannot be used for money raising purposes by an individual or organization other than
events connected with the community association. No political, religious, commercial, or outside
organization is permitted to use the clubhouse facilities even though the homeowner or tenant is a
member of the organization
• No pets or animals are permitted in the community clubhouse or the pool area.
• Smoking is not allowed in the community clubhouse or pool area
• Shoes and shirts must be worn in the community clubhouse. Wet swimming attire is not allowed in the
clubhouse.
• Open flames (candles, chafing dishes, etc.) are not allowed in the clubhouse.
• Alcoholic beverages are not allowed in the clubhouse except during association planned, permitted, and
supervised recreational activities or during private rentals.
• The homeowner or tenant is responsible for the conduct of his/her guests. Proper behavior is expected to
prevent excessive noise or damage to the property.
• The homeowner or tenant must be present for the entire time the clubhouse facilities are in use. Children
under 18 years of age must be accompanied by the homeowner or tenant while in the clubhouse.
• If a homeowner or tenant enters the clubhouse and notices property damage, missing items, or that the
facilities have not been left in clean condition, they should notify the property manager immediately.
• Residents and tenants are responsible for leaving the clubhouse in good condition. The television must
be turned off. All trash and recyclables must be removed to the outside bins located inside the pool area.
Furniture needs to be returned to original location. The refrigerator must have all food items removed.
Lights must be turned off and windows and doors are to be locked.
Updated September 2015EMERSON SQUARE COMMUNITY ASSOCIATION
APPLICATION FOR USE OF SOCIAL ROOM / CLUBHOUSE
NAME: ______________________________________________________________________________
ADDRESS: ______________________________________________________________________________
CONTACT PHONE #: _________________________________ ALTERNATE # _______________________
E-MAIL ADDRESS:________________________________________________________________________________
DATE OF FUNCTION: _____________________________________________________________________________
ROOM TO BE USED FOR: __________________________________________________________________________
APPROXIMATE NUMBER OF PERSONS: ___________________________________
TIME ROOM WILL BE IN USE: From_________________ To___________________
RULES AND REGULATIONS FOR USAGE OF SOCIAL ROOM / CLUBHOUSE
• Reservations are for the Social Room only. The swimming pool and deck area are not included as part of
the rental. This area is reserved for resident usage only and the reason for restriction is due to county
occupancy limitations.
• The fee for the room is for the date on the application and the usage of the room is for one day only. The
room can be rented anytime during the hours of 9:00 am to 10:00 pm.
• The Social Room may not be rented for commercial purposes.
• The applicant reserving the Social Room must be a resident in good standing.
• A refundable deposit of $200 in addition to a non-refundable usage fee of $50 is required to reserve the
Social Room. The $200 deposit will cover any additional cleaning or repairs that may be needed after the
party. The refundable money will be returned in its entirety if the Social Room is left in satisfactory condition.
• Please make two (2) checks payable to Emerson Square Community Association, Inc. and deposit the
checks and application in the Mailbox at the Clubhouse. The Amenity Chair or Property Manager will
provide a confirmation of the reservation upon receipt of application and payment.
• The resident reserving the Social Room must be in attendance and is solely responsible for the condition
of the room after the party. The use of thumb tacks or any other item that will leave holes in the walls is
prohibited. Please use caution when using tape. All decorations must be removed.
• Trash from the party must be placed in the trash bin in the parking lot. Please use the recyclable bin in the
deck area to discard all bottles, paper and cans.
• Parties for minor children must be chaperoned. Children are not allowed to roam around the clubhouse/pool
area.
• Approval for the party is at the discretion of the Amenity Center Chairperson.
Terms and conditions for use: The Social Room is used at Owner’s "own risk" and Emerson Square Community
Association, Inc. shall not be liable for any injuries incurred by member, family or guests. The Community shall
be reimbursed by the Owner for all costs of cleaning and repair of damages.
I have read and understand all the above rules and regulations for the use of the Social Room.
________________________________________________________ __________________________
Applicants Signature Date
_________________________________________________________ __________________________
Amenity Chair or Property Manager Date
Updated September 2015You can also read
