This web site has been setup to allow residents to have access to Venice Acres documents; deed restrictions - for both Unit I and Unit II. (Bylaws coming soon)
Unit I was the initial Venice Acres subdivision and is limited to lots nearest entrance. Unit II is the vast majority of lots in the subdivision. There are significant differences in the Units deed restrictions. This site will instruct you on how to know your lot number and thus which unit you are in.
We have very simple deed restrictions and the board has no authority to change them without an affirmative vote of members.
All information on this website is published in good faith and for general information purposes only. Our Venice Acres.com does not make any warranties about the completeness, reliability or accuracy of this information. Any action you take upon the information you find on this website (www.ourveniceacres.com) is strictly at your own risk. Our Venice Acres will not be liable for any losses and/or damages in connection with the use of our website.
To cross lot# to street address go to Sarasota Property Appraiser web site and search your address, details will show Lot # https://www.sc-pa.com/propertysearch
Note: you only have to enter your address in search data.
DECLARATION OF RESTRICTIONS
VENICE ACRES, UNIT I
KNOW ALL MEN BY THESE PRESENTS that Milton S. Pratt, being the sole owner of the following described real estate located in Sarasota County, Florida, being more particularly described, to wit:
VENICE ACRES, UNIT I, according to the plat thereof recorded in Plat Book 24, Pages 10-10A, of the Public Records of Sarasota County, Florida.
Makes the following Declaration of Restrictions covering the above described real property, specifying that this Declaration shall constitute a Covenant running with the land.
1. All owners of lots shall maintain membership in good standing in Venice Acres Improvement Association.
2. No lot shall be used for any purpose other than as a single family residence except as otherwise specified herein. Lots 1 and 5 may be designated as Tennis Club and Recreational Activities at option of Developer.
3. All residences shall have a floor area of not less than 2000 square feet, inclusive of porches, carports and garages, as total footage under a single roof. In addition to the residence, unattached stables, garages or carports or servants' quarters shall be permitted. All structures shall meet existing codes of Sarasota County and shall be of new material.
4. No construction of any structure shall be commenced until the plans and specifications therefor shall have been submitted to the Developer or Architectural Committee of the Improvement Association for approval and said approval has been given in writing. Approval or disapproval shall be granted promptly and failure of Developer or Association to notify the applicant of a decision within ten {10) days shall be deemed approval in writing.
5. Subject to County approval, no temporary dwellings shall be allowed for any period exceeding 90 days during construction of a permanent home. Said dwellings may not be visible from the street or streets fronting the lot.
6. No animals other than horses, ponies, dogs, cats and other household pets shall be raised, bred or kept on any lot. No commercial activity shall be permitted in respect of any animals. Only two horses per lot are allowed, excepting any lots that may be designated as stable area.
7. No activities shall be permitted and no conditions shall be created or allowed to exist which shall constitute a nuisance to the other residents of the subdivision.
8. Easements as shown on the plat along the front, rear and side lot lines are reserved for the purpose of accommodating surface drainage and underground or overhead utilities.
9. Bridle path easements are reserved as indicated on the recorded subdivision plat, as well as over the entire width of all private streets for the benefit of property owners in Venice Acres Subdivision, pursuant to rules and regulations promulgated from time to time by the Association.
10. All streets and roads designated on the recorded subdivision plat as such are specifically reserved for the use of the property owners, their guests and invitees, of all units in Venice Acres Subdivision, whether presently or subsequently platted.
11. Developer reserves the right to control the affairs and operations of the Venice Acres Improvement Association until seventy-five percent (75%) of all lots in Unit I of Venice Acres Subdivision (whether presently or subsequently platted) are sold. At such time, legal ownership of streets, bridle paths and any other lands not specifically platted as lots shall be passed to the Association.
12. Sewage shall be discharged only into a properly designed septic tank or private sewage or package treatment plant conforming strictly with the rules of such matters. If a franchised or public sewage system shall become available, each lot owner at his expense shall connect thereto within thirty (30) days of availability and discharge all sewage into such system and use of septic tanks or private sewage systems shall terminate forthwith.
13. Violation or breach of any condition, restriction or covenant herein contained shall give any owner of a lot or lots in the subdivision, in addition to all other remedies, the right to proceed at law or in equity to compel compliance with the terms of said restrictions, conditions or covenants, and to prevent the violation or breach of any of them and the expense of such litigation shall be borne by the then owner or owners of the subject property; provided such proceedings result in a finding that such owner was in violation of said restrictions. Expenses of litigation shall include reasonable attorney's fees. The invalidation by any court of any of the restrictions herein contained shall in no way affect any of the other restrictions, but they shall remain in full force and effect.
14. The Developer hereby expressly reserves, for his benefit and the benefit of his heirs and assigns, and his agents and guests and invitees, non-exclusive easements of way over all private roads and streets designated on said plat for the purpose of ingress and egress.
15. These restrictions may be changed or amended, after the provisions of Paragraph 11, herein have been satisfied, by an affirmative vote of seventy five percent (75%) of the lot owners who at that time must be members of the Venice Acres Improvement Association.
Unit I construction setbacks are 10 feet.
Fences can be on property line and must meet Sarasota County Fence Guidelines. Fences can be up to 8 feet tall in Sarasota County.
Before building you are required to submit certain limited information to Venice Acres Architectural Review Committee (ARC) and get approval.
.....................................................BE AWARE! ...........................................
Venice Acres Architectural Review Committee (ARC) / Board has NO authority to request any information other than a site plan showing proposed structure with setbacks indicated (Fence plans do not need to show setbacks). They have no authority to request materials, colors, etc. nor can they require you to submit a date of completion. They have 10 days from your ARC submission to approve or deny, if no response the proposal is deemed approved.
In the history of Venice Acres there has never been a requirement for the submission of a Date of Completion and county building department grants extensions generally without question.
All construction requires that you meet county building codes including sheds that exceed a certain sq footage - consult the county for details on shed materials and size that don't require a permit.
It is recommended that you have an attorney as ARC / Board seems to make up their own arbitrary rules as they please - The documents are the rules!
To cross lot# to street address go to Sarasota Property Appraiser web site and search your address, details will show Lot #
https://www.sc-pa.com/propertysearch
Note: you only have to enter your address in search data.
DECLARATION of RESTRICTIONS
VENICE ACRES, UNIT II
1. RESIDENTIAL USE. No lot shall be used for any purpose other than as a site for a single- family residence, with the exception that Lots 1 and 5 of Unit 1 have been designated and approved for Tennis and Recreational activities.
2. FLOOR AREA. All residences shall have a floor area of not less than 2200 square feet, inclusive of porches, carports, garages and utility rooms as total footage under a single roof. In addition to the residence, unattached stables, garages or carports or servants’ quarters may be permitted, but shall not be included in determining minimum square footage.
3. APPROVAL OF PLANS. No building or other structure shall be erected, placed or altered upon any lot until the plans and specifications therefore have been approved in writing by the Developer or the Architectural Committee- of the Improvement Association. Approval or disapproval shall be promptly and the failure of the Developer or Association to notify the applicant of its decision within ten (10} days after such plans and specifications have been submitted shall be deemed approval. Developer, its successors and assigns, or their duly appointed agents, shall be granted access to any construction in progress for the purpose of inspection. Developer, its successors and assigns, shall not be liable in damages to any one submitting plans for approval or to any owner of land covered by this instrument by reason of mistake in Judgment, negligence or nonfeasance of itself, its agents or employees arising out of or in connection with the approval or disapproval or failure to approve any such plans.
4. TEMPORARY STRUCTURES. No tents, trailers, vans, shacks, tanks or temporary or accessory buildings or structures shall be erected or permitted to remain on any lot except in connection with and during actual construction of a one-family residence or addition thereto, such temporary structure shall not remain on such lot for a period exceeding fifteen (15) days after completion of construction and shall be subject to approval of any governmental agency having jurisdiction thereof. No temporary structure shall be used as a dwelling at any time.
5. ANIMALS. No animals other than horses, ponies, dogs, cats and other household pets shall be raised, bred or kept on any lot. No commercial activity shall be permitted with respect to any animals. Only two horses per lot are allowed, excepting any lots that may be designated by Developer as a stable area. Each owner having animals under authorization of this paragraph is responsible for cleanliness and neatness of his premises so as to avoid any nuisance, odors or unsightly outbuildings which might be considered offensive to his neighbors or to the public.
6. WALLS AND FENCES. Walls, hedges, fences or any other enclosure shall only be installed upon prior approval of the Developer or the architectural committee of the owners Association.
7. SET-BACK. No structure shall be constructed or maintained nearer than thirty-five (35) feet from the front lot line nor nearer than twenty (20) feet from a side or rear lot line. On any corner lot the set-backs shall be thirty-five (35) feet from each side facing a street.
8. UNSIGHTLY OBJECTS. No trucks or commercial vehicles (except pick-up trucks and passenger vans without commercial signs or sideboards) shall be parked on any lot, driveway, or open carport. Any owner, owning or using a commercial vehicle must garage said vehicle in an enclosed garage. Recreational vehicles, boats, and trailers (any wheeled vehicle pulled behind a motorized vehicle) must be garaged, fenced out of sight or shrubbed out of sight. Signs on lots are only permissible in regards to selling a lot or home building a home-When occupancy occurs, signs must be removed within ten (10) days. Signs are not to be larger than four (4) square feet (County ordinance). All garbage or trash containers, oil tanks and bottled gas must be underground or placed in enclosed areas so that they shall not be visible from the adjoining properties. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon the premises herein described. In the event that the owner of any lot or lets shall fall or refuse to keep the premises free of weeds, underbrush or refuse piles, then the Association may enter upon said lot or lots and remove such refuse or mow or cut such weeds or underbrush and charge the owner for such services and such entry on the part of the Association shall not be de wed a trespass. Clothes lines or outside drying areas must be screened by plantings or ventilated structures (fences) from neighbors view.
9. NUISANCES. Nothing shall be done, no activities shall be permitted, no conditions shall be created or allowed to exist with respect to any lot which shall constitute a nuisance or annoyance to the other residents of this subdivision. Any questions as to whether a particular condition or activity constitutes a nuisance shall be submitted to the Developer, its successor assigns, for a decision in writing and such decision shall be binding upon all parties.
10. EASEMENTS. Developer hereby reserves an easement five feet (5’) in width along the front, rear and one side of each lot for underground and overhead utilities, surface drainage and for all other purposes consistent with good practice for the development of the property. Where more than one lot is used as a building site, the outside boundaries of said site shall carry - said easements. Developer also expressly reserves for itself and its successors and assigns, and Developer's invitees and guests, a non-exclusive easement over all private roads and streets in all sections of VENICE ACRES for the purpose of ingress and egress.
11. BRIDLE PATH EASEMENTS. Bridle path easements are reserved as indicated on the recorded subdivision plat, as well as over the entire width of all private streets for the benefit of property owners in VENICE ACRES SUBDIVISION, pursuant to rules and regulations promulgated from time to time by the Association.
12. USE AND MAINTENANCE OF STREETS. All streets and roads designated as such on the recorded subdivision plat of VENICE ACRES are specifically reserved for the use of the owners of platted lots, their invitees and guests. The cost of maintaining such private roads, right of way easements, and other areas not within the platted lots will be borne by Developer until such time as control of the Association is turned over to the property owners, after which time the cost of maintaining such roads and other areas will be borne by the property owners in all sections or units of VENICE ACRES, each lot bearing its equal share thereof.
13. TRANSFER OF CONTROL. Developer reserves the right to control the affairs and operations of the Improvement Association for Unit II of VENICE ACRES SUBDIVISION until such time as 85% of the lots in said units have been deeded by the Developer. At such time, this association shall be merged with the association for Unit I providing a majority of the members of both associations vote to approve such merger. If either one fails to make such approval, the two association will operate independently. Legal ownership of streets, bridle paths and any other lands not specifically platted as lots shall be deeded to the association wherein the lots are located.
14. MOTORCYCLES, ETC. Motorcycles, bush bikes, mopeds and similar types of vehicles may not be operated on any street, bridle path or easement for purposes of recreation or amusement; such vehicles may use the streets and roads only for normal transportation to and from the owner’s property. Unlicensed vehicles may not be operated within VENICE ACRES except by express permit of the Association and such permission may be withdrawn if a particular vehicle is found to be a nuisance to the neighborhood and to other users of such streets, paths or easements.
15. UTILITIES. Sewage shall be discharged only into properly authorized and designed septic tank or private sewage or package treatment plant conforming strictly to governmental regulations. If a public or franchised sewage and/or water system shall become available, each lot owner shall promptly connect into such sewer system with thirty (30) days after it is available, at such owner's cost and expense, and shall immediately terminate the use of any private septic tank or sewage plant. Private water wells may be maintained at the owner’s discretion. All outside electric power lines within the perimeter of any lot shall be located underground.
16. NO RE-SUBDIVISION. No lot or group of lots herein described shall be re-subdivided, except, however, an owner of several adjoining lots may sell part of one lot to the owner of the adjoining lot, but by so do1ng the remaining part of the lot will then become part of said owner’s next adjoining lot and the balance will have to be sold as one tract.
17. REMEDIES FOR VIOLATIONS. Violation or breach of any condition, restriction, or covenant herein contained shall give any lot owner and/or the Association in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of said conditions, restrictions, covenants, and to prevent the violation or breach of any of them, and the expense of such 1itigation shall be borne by the then owner or owners of the subject property, provided such proceeding results in a finding that such owner was in violation of said restrictions. Expenses of litigation shall include reasonable attorney's fees incurred by such owner and/or the Association in seeking such enforcement. The invalidation by any court of any of the restrictions herein contained shall in no way affect any of the other restrictions, but they shall remain in full force and effect.
18. MODIFICATION. Any of the provisions hereof may be changed or amended and further restrictions adopted or eliminated, after the provisions of Paragraph, by an affirmative vote or consent in writing or any combination thereof of a majority of the members of the VENICE ACRES Improvement Association.
19. MEMBERSHIP AND DUES. All owners of lots shall be obliged to maintain membership in good standing in Venice Acres Improvement Association and shall be entitled to one (1) vote for each lot owned. A membership of $25.00 for each lot owned in this subdivision shall be paid by the owner thereof on or before January 1 of each year commencing January 1, 1983, to defray administration and other costs of operating the Association. Said membership dues shall be subject to modification from time to time by the Association.
Unit II construction setbacks are:
thirty-five (35) feet from the front lot line nor nearer than twenty (20) feet from a side or rear lot line. On any corner lot the set-backs shall be thirty-five (35) feet from each side facing a street.
Fences can be on property line and must meet Sarasota County Fence Guidelines. Fences can be up to 8 feet tall in Sarasota County.
Before building you are required to submit certain limited information to Venice Acres Architectural Review Committee (ARC) and get approval.
..............................................BE AWARE! .......................................................
Venice Acres Architectural Review Committee (ARC) / Board has NO authority to request any information other than a site plan showing proposed structure with setbacks indicated (Fence plans do not need to show setbacks). They have no authority to request materials, colors, building plans, etc. nor can they require you to submit a date of completion. They have 10 days from your ARC submission to approve or deny, if no response the proposal is deemed approved.
In the history of Venice Acres there has never been a requirement for the submission of a Date of Completion and county building department grants extensions generally without question.
All construction requires that you meet county building codes including sheds that exceed a certain sq footage - consult the county for details on shed materials and size that don't require a permit.
It is strongly recommended that you have an attorney as the ARC / Board seems to make up their own arbitrary rules as they please - The documents are the rules!
This is the current form that you must submit to the Venice Acres Architectural Review Committee in order to gain association approval to build a structure or fence on your property.
The areas highlighted go against Venice Acres deed restrictions, the board has no authority to ask for such information. The only authority the board has, is to request a diagram showing proposed structures place on lot with setbacks indicated (Fence plans do not need to show setbacks). They have NO authority to request a date of completion and cannot set an arbitrary time frame for completion that you have to meet.
Venice Acres has no say in color, type of materials, size of structure and they can't deny for anything but a setback violation.
Sarasota County building codes control your project and required permits must be obtained, link below. Your zoning is RE2 - RESIDENTIAL ESTATE.
https://www.scgov.net/government/planning-and-development-services/building
The Venice Acres board / ARC have NO authority to request a date of completion and cannot set an arbitrary time frame that you have to meet. Just a week ago (April 2023) the Architectural Review Committee would not review a properly submitted Fence plan, below is their response:
"The Architectural Review Committee requests additional information regarding a reasonable number of days to complete the project, not to exceed 365 days. (Delivered: April 14, 2023)"
This Fence submission was by the same residents that are suing Venice Acres - The committee's refusal to approve and its arbitrary time frame demand would seem to be harassment. Who in their right mind harasses the residents who are suing you........it's just a fence.
- Scroll down to next section to read about legal action-
It seems The Venice Acres board is trying to use the form as a binding legal contract my having you enter information that they have no authority to regulate.
- consult an attorney before signing your name.......and don't supply information that is not required under our documents.
The Venice Acres Board sent a resident owner a letter that was drafted in part by a non-board member, the letter made demands on the residents that were outside of the authority granted to the board by the documents. The board was given the chance to rescind the letter but chose not to and now they're being sued......actually we are being sued as we are paying for the boards behavior.
Twelve (12) days before the April 20, 2023 board meeting each member of the board along with property manager were e-mailed (personal e-mail accounts), that e-mail requested that the legal bills be made available for review at the meeting ( “At the next meeting I will ask to see your legal invoices for the ______ action, please have them available for review.”). The board president stated that the proper "Venice Acres Request Form" was not used (a form that no one knows about or where to get ....there is no web site - It's more BS! ) and would not disclose how much we had paid the attorneys to date. Your board is most likely spending thousands of dollars of your money and refusing to disclose the amounts spent.
The opinions expressed here are those of the authors.
VENICES ACRES HAS VERY SIMPLE DEED RESTRICTIONS / DOCUMENTS AND THAT IS A GREAT THING AND MOST LIKELY WHY RESIDENTS MOVED HERE.
THE BOARD CAN'T SEEM TO CONFINE THEMSELVES TO FOLLOWING OUR DOCUMENTS BUT EXPECTS RESIDENTS TO DO SO, THIS BEHAVIOR WILL NOW COST ALL OF US. BASED ON THE BOARDS ATTORNEYS HOURLY RATE ONE COULD SURMISE THAT THIS LATEST LEGAL ACTION COULD EASILY COST US IN EXCESS OF $25,000, JUST LIKE THE LAST TIME............A LOSE AND JUDGEMENT WOULD MOST LIKELY DOUBLE THAT COST IF NOT MORE.
THOSE WHO RESPOND WITH "SHOOT THE MESSENGER" TYPE COMMENTS (ON FB) SHOULD STEP UP AND FUND THE LEGAL DEFENSE AS WELL AS PAY THE DAMAGES OR SETTLEMENT. IF THIS SITE IS "STIRRING UP NEEDLESS TROUBLE" AS ONE RESIDENT PUTS IT THEN MAYBE RESIDENTS LIKE THEM WILL JUST BE HAPPY NOT KNOWING AND BE COMPLETELY SURPRISED WHEN THEY GET THE SPECIAL ASSESSMENT TO PAY THE LEGAL COSTS.
FOR THE BOARD IT'S EASY TO PAY ATTORNEYS WITH OTHER PEOPLES MONEY, IN THIS CASE IT’S YOUR MONEY.
"It's like deja-vu, all over again".
WHO DOES THIS?
AFTER THE BOARD IS SERVED WITH THE LEGAL ACTION, ONE OF THE BOARD MEMBERS (independent of the board) FILES A COUNTY CODE ENFORCMENT COMPLAINT AGAINST THE RESIDENT / PLAINTIFF. HARASSMENT PLAIN & SIMPLE!
- HEY LET'S POKE THE BEAR -
From the very start the authors urged the board to rescind the letter but they refused, the authors are not a party in the case.
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