BUCKHORN HOUSING DEVELOPMENT
(Legally Known As Buckhorn Estates Housing Development)
The following are the DECLARATION OF RESTRICTIONS for BUCKHORN ESTATES housing
1. No lot or parcel shall be used except for residential purposes. No building shall be
erected, altered, placed or permitted to remain on any lot other than on single family
dwelling, not to exceed two stories in height, with a private two-car garage and one
utility building, or a builder’s temporary structure.
2. No structure of a temporary character, trailer, tent, shack, garage, or ot her
outbuilding shall be used on any lot at any time as a residence, temporarily or
permanently. No structure may be erected on any lot for other than residential
purposes except a private two-care garage and one utility building, or a builder’s
3. The living area of the main structure, exclusive of garages, shall not be less than
1,650 square feet for a one-story dwelling, and not less than 1,800 square feet for a
two-story dwelling. For golf course lots, the living area of the main structure,
exclusive of garages, shall not be less than 2,000 square feet for a one-story
dwelling, and not less than 2,000 square feet for a two-story dwelling.
4. No dwelling shall be constructed on a plot having an area of less than 7,000 square
feet. Front, rear and side setback requirements, as established by County ordinance
in effect at the time of construction, shall be complied with, provided, however, that
in no event shall any building be erected closer than 20 feet to the front lot line, or
closer than 15 feet to the rear lot line, or closer than six feet to any interior side lot
line. No building situated on a corner lot shall be erected closer than 15 feet to any
5. No garage or structure other than a builder’s temporary structure shall be erected on
any lot prior to the construction of a dwelling. If a garage or utility building is built
either simultaneously with or subsequent to the construction of the dwelling, the
garage shall be of the same kind of material as the construction of the dwelling. The
garage or utility building shall conform architecturally with the dwelling. The garage
shall accommodate two cars unless the Developer, at its option and in its sole
discretion, elects to permit the construction of a one-car garage.
6. No noxious or offensive activity shall be carried on upon any lot, nor shall anything
be done thereon which may be or become an annoyance or nuisance to the
7. No structure shall be moved onto any lot or parcel in the area covered by these
restrictions, except temporary buildings used by a builder in connection with
construction work, and permitted utility buildings.
8. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot,
except that dogs, cats or other household pets may be kept, provided that they are
not kept, bed or maintained for any commercial purposes. However, no more than
four (4) household pets shall be permitted.
9. No sign of any kind shall be displayed to the public view on any lot except for one
professionally lettered sign not more than two (2) feet square in size advertising the
property for sale or rent, and except for signs used by a builder to advertise the
property during the construction and sales period. No pool signs shall be permitted.
10. No lot shall be used as a dumping ground for rubbish. All garbage or trash
containers, oil tanks, bottle gas tanks, soft water tanks and similar structures or
installations shall be placed under the surface of the ground or walled-in areas or
screened with fencing or shrubbery so as to not be visible from the street or
objectionable to adjacent residences.
11. No chain link fences shall be permitted. No fence or part thereof may be placed any
closer to the street than a dwelling could be placed on the same lot, except as may
be required by FHA/VA or other government regulations. No fence situated on a
corner lot shall be erected closer than 15 feet to any street right -of-way.
12. Gravel-type roofs may not be used except on flat roof surfaces.
13. Simultaneously with the construction of a dwelling on any lot, a four-foot cement
sidewalk shall be installed at the expense of the Lot Owner, according to the
specifications of Hillsborough County, Florida, the line and grade of the said sidewalk
to be in accordance with a site plan approved by the Developer.
14. Each lot, whether occupied or unoccupied, shall be maintained reasonably clean and
free from refuse, debris, unsightly growth and fire hazard.
15. Easements for drainage and/or for installation and maintenance of utilities are
reserved as shown on the recorded plot. Within these easements, no structure,
planting or other material shall be placed or permitted to remain, which may damage
or interfere with the installation and maintenance of utilities or which may impede
the flow of water through drainage channels in the easements. The easement area of
each lot and all improvements in it shall be maintained continuously by the owner of
the lot, except for those improvements for which a public authority or utility
company is responsible.
16. In connection with the development of any lot for residential purposes, or the
obstruction of improvements thereon, reasonable care shall be used to preserve and
retain as many trees as is reasonably possible. No excavation or fill or clear cutting
of trees shall be performed in violation of law.
17. No boat, boat trailer, camper, mobile home, travel trailer, commercial van,
commercial truck, trailer, motorcycle or other similar motor vehicle shall be
permitted to remain on any lot or public street unless inside a garage or otherwise
parked, stored or located in such a manner and location on a lot so as not to be
visible from the public streets or neighboring lots.
18. Exterior Attachments: No clotheslines, or clothes hanging devices exterior to a
residence, and no exterior radio, television, electronic or like antennas, aerials or
transmission or receiving tower(s) apparatus or devices or other similar or dissimilar
exterior attachment shall be installed, permitted, or located on any lot in such a
manner or location as to be visible from the public streets or neighboring lots.
19. No stripped, unsightly, offensive, wrecked, junked, or dismantled vehicles or portions
thereof, no furniture or appliances designed for normal use or operations within (as
distinguished from outside of) dwellings, shall be parked, permitted, stored or
located upon any lot in such manner or location as to be visible to any other lot or
from the street. No building or improvement which has been partially or totally
destroyed by fire or other casualty shall be allowed to remain in such state for more
than six months from the time of such destruction. If reconstruction or repair of any
such buildings or improvement is not so commenced within six months, the owner
thereof shall raze or remove the same promptly from such owner’s lot. All lots,
whether occupied or unoccupied, and any buildings, structures or improvements
thereon, shall at all times be maintained in such a manner as to prevent their
becoming unsightly by reason of unattractive growth on such lot or the accumulation
of rubbish or debris thereon. Every building, structure or other improvement, the
construction of which is begun on any lot, shall be diligently and continuously
prosecuted after the beginning of such construction or placement and the same shall
be fully completed, except to the extent prevented by strikes, lockouts, boycotts, the
elements, war, inability to obtain materials, acts of God or similar causes within 12
months from the date of commencement of construction thereof.
20. Nothing contained in these Restrictions shall be interpreted or construed to prevent
the Developer, its successors or assigns or its or their contractors, or subcontractors,
from doing or performing on all or any part of the properties owned or controlled by
the Developer, or its successors or assigns, whatever they determine to be
reasonably necessary or advisable in connection with the completion of the
development, including without limitations:
a. erecting, constructing, and maintaining thereon, such structures as may be
reasonably necessary for the conduct of the Developer’s business of
completing the development and establishing the properties as a residential
community and disposing of the same in lots by sale, leases, or otherwise; or,
b. conducting thereon its or their business of completing the development and
establishing the properties as reasonably necessary in connection with the
sale, lease, or other transfer of the properties in lots; or,
c . maintaining such sign or signs thereon as may be reasonably necessary in
connection with the sale, lease, or other transfer of the property in lots.
21. Developer, or its successors or assigns, may place, build, erect and/or install wall(s)
and/or fence(s) along Miller Road and Bloomingdale Avenue. No lot owner, or other
person without the express written consent of Developer, or its successors or
assigns, shall paint, deface, alter the appearance, change or renovate, such wall(s)
or fence(s) in any manner whatsoever, nor shall any attachments be made thereto of
any nature. It is intended that once the Developer originally constructs said wall(s)
and/or fence(s), no lot owner or other person shall change the architectural or visual
appearance, or affect the structural integrity, or such wall(s) or fence(s), without the
express written consent of the Developer in the reasonable manner required
hereunder. Should Developer fail to respond to a submittal of a rendering and/or site
plan within the time required, then the Developer shall be conclusively presumed to
have approved same. Upon approval of said renderings and/or site plans, the
Owners may proceed with the construction of improvements as long as the final
plans for same are in substantial accordance with those which have been previously
submitted to the Developer.
22. The Developer, in order to preserve and maintain the aesthetic qualities of its overall
development, which includes other property in close proximity to the land described
in Exhibit “A” requires architectural control and written approval with respect to an
Owner’s building program. The Owner therefore shall provide the Developer with
preliminary artist renderings of the elevations of the buildings to be constructed
along with the site plans showing locations of all buildings prior to any construction.
It is understood that the site plans shall be consistent with the approved
governmental zoning then existent for the property. The Developer shall have a
period of two weeks from receipt of said document s in which to approve the
rendering and site plan. Said approval shall not be unreasonably withheld and should
Developer disapprove, it shall be within the time provided, given the Owner’s written
notice of its reasons for disapproval. Such disapproval shall not, at any time, limit
the Owner’s right to resubmit renderings and site plans until same are approved by
Developer in the reasonable manner required hereunder. Should Developer fail to
respond to a submittal of rendering and/or site plan within the time required, the
Developer shall be conclusively presumed to have approved same. Upon approval of
said renderings and/or site plan the Owners may proceed with the construction of
improvements as long as the final plans for same are in substantial accordance with
those which have been preciously submitted to the Developer.
23. The area(s) shown as “conservation areas” on the recorded plot of the property
subject to these Restrictions shall be left to remain and survive intact, in its present,
natural condition and state. The disturbance in any manner of the existing, natural
condition, character and state of “conservation areas”, or the vegetation thereon, or
the ecology, topography or bionomics thereof, is absolutely prohibited. It is the
intention of the undersigned that the “conservation areas” shall not be changed,
disturbed, used, affected or molested in any manner whatsoever, except as
permitted or required by law.
24. These covenants are to run with the land and shall be binding on all parties and all
persons claiming under them for a period of 30 years from the date these covenants
are recorded, after which time said covenants shall be automatically extended for
successive periods of 10 years unless an instrument signed by a majority of the then
owners of the lots has been recorded, agreeing to change said covenants in whole or
25. If any person shall violate or attempt to violate any of the restrictions herein, it shall
be lawful for any other person or persons owning any real property which is subject
to this Declaration of Restrictions to prosecute any proceedings at law or in equity
against the person or persons violating or attempting to violate any such restrictions,
to prevent him or them from so doing, and/or to recover damages for such
26. Invalidation of any one of these covenants or any part thereof by judgment or Court
Order shall in no way affect any of the other provisions, which shall remain in full
force and effect.
27. Section 24, filed April 22, 1996: “Each Owner must repair, replace and maintain the
roofs, gutters, downspouts, lawns, shrubs, landscaping, walks, fencing, exterior
building surfaces, windows, doors, trim members, driveways, and other exterior
improvements and attachments from time to time situated on such owner’s lot. Each
Owner is required to sod his lot as appropriate. Each Owner’s duty of maintenance
includes any and all easement areas upon such Owner’s lot except as provided in
[Number 15 above]. No Owner may permit any waste to the exterior portions of such
Owner’s lot. Each Owner must make all repairs, maintenance and replacements
necessary to attachments and appurtenant driveways, if any, in a safe, sanitary and
reasonably attractive condition.”
• The Buckhorn Estates Homeowners Special Dependent District , responsible for
maintaining the entrances and other common areas of the Buckhorn Estates
Development, and the Buckhorn Estates Homeowners Association, responsible for all
other Buckhorn Estates Development business and activities, may be contacted by
phone at 813-681-0125 (Options #1 or #2, Talk Immediately upon hearing the
beep), or through its Web Site e-mail at www.Buckhorn.us .
• Annual Buckhorn Estates Homeowners Association membership fees are due on the
beginning of each calendar year. These dues are to be paid by check to: Buckhorn
Estates Homeowners Association, P.O. Box 1586, Valrico, Florida 33595. Current
dues are $30 per year, but may change in future years.
• The above summary of the DECLARATION OF RESTRICTIONS for BUCKHORN
ESTATES DEVELOPMENT are recorded in the Hillsborough County official record in full
legal form for each Addition of Buckhorn Estates Development (Seven (7) separate
housing “Additions”) at the Public Records Office of Hillsborough County, Florida.
They were prepared by DEVCO Development Corporation, and by SICO, Inc . a
Florida corporation. For the sake of printing purposes, the articles one (1) through
twenty-seven (27) have been reproduced above. The witnessing and recording of
such have been omitted, but are available for review in county records. The
Buckhorn Estates Homeowners Association will have copies of all DECLARATION OF
RESTRICTIONS available for viewing at its General Membership Meetings. Costs of
reproducing these documents for Owners is prohibitive for the Association. The
attorney of record used in the development and filing of these documents is Judith L.
James, Esquire, of Molloy, James & Peterson, 325 South Boulevard, Tampa, Florida,
33606. Other additional attorneys may have been involved.
• It is not the place for the Board of Directors nor any member of the Buckhorn
Estates Homeowners Association to provide legal guidance on the Restrictions
printed above. If you require interpretation for construction or legal aspects of the
restrictions it is recommended that you consult a qualified real estate attorney. The
Board of Directors and its members are available to provide information on