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Bloomingdale Village Homeowner’s Association, Inc. (BVHOA) was incorporated as a Florida not for profit corporation by Articles of Association dated February 19, 1996. The Articles of Association were amended December 4, 2006 and filed with the Secretary of State, Division of Corporations on June 29, 2007.
The official designation of the community is: “Bloomingdale Section AA/GG, Unit 1, Phase 2, Section 13, Township 30 South, Range 20 East, Hillsborough County, Florida”. It is registered in Hillsborough County Plat Book 77, Pages 21-1 through 21-4. See Section 16 for a copy of the official plats of Bloomingdale Village subdivision.
The developer of the community was Sungreene, Inc., a Florida Corporation who, at that time, also was the owner of Bloomingdale Golfers Club.
In addition to the Articles of Association noted above, BVHOA and the community are also governed by the three following documents:
The Covenants, the First Amendment to the Covenants and the By Laws were originally developed by Sungreene, Inc. (Note: the First Amendment to the Covenants was fully incorporated into the Amended Covenants noted above)
As the original developer, Sungreene, Inc., was accorded certain voting and management rights in the Articles of Association, the Covenants and the By Laws. All of these rights effectively ceased on January 1, 2000. Sungreene, Inc., no longer has any voting or other rights in the management of the community.
Until March of 2006, BVHOA had retained and paid a management company, Rizzetta & Company, Inc. to manage certain affairs of the community and provide for the community’s required accounting and bookkeeping needs.
Effective March 1, 2006, the management contract with Rizzetta was canceled. BVHOA has elected to self-manage the affairs of the community and has hired Acevedo and Company, Certified Public Accountants, of Brandon, Florida, to handle the community’s required accounting and bookkeeping services.
2.1 Deed Restricted Community
Bloomingdale Village is a deed restricted community. This means that the affairs of the community, its rules, and the rights and obligations of all of its residents (property owners or lessees) and their guests are governed by the community’s Covenants, Bylaws and Articles of Association. Copies of these documents are included with this Residents Handbook. The Residents Handbook provides further procedures, rules and guidelines for residents. Florida Statute 720 Homeowners Associations provides the authority of these governing documents.
The Covenants, the Bylaws, the Articles of Association, and any amendments thereto, of BVHOA are called the governing documents.
By purchasing a home within the deed restricted community of Bloomingdale Village, every owner automatically becomes a member of BVHOA and agrees to abide by all the provisions of BVHOA governing documents. The laws of the State of Florida regarding homeowner’s associations and deed restricted communities support the authority of these governing documents and the right of homeowners associations to enforce the rules of their governing documents.
As a deed restricted community, BVHOA is governed by an elected Board of Directors.
2.2 Board of Directors of BVHOA
The Board of Directors of BVHOA is charged with managing the affairs of the association in accordance with the provisions of the governing documents.
The Bylaws require that there be at least three (3) Directors and not more than seven (7) Directors.
The Directors elect the officers of BVHOA which are: the President, the Vice President, the Treasurer and the Secretary.
In general, the President is charged with managing the day to day affairs of BVHOA. The Vice President assists the President and presides in the President’s absence. The Treasurer manages the funds of BVHOA. The Secretary is responsible for the minutes of all Board, Special and Annual meetings. The duties of these officers and the Board of Directors in general are contained in the By Laws.
Directors/Officers are elected for a term of one year.
The business of BVHOA is conducted in public at Board of Directors meetings.
2.2 Board of Directors Meetings
The general business of BVHOA is conducted by the Board of Directors at meetings held from time to time as necessary. These Board of Director meetings are open for attendance by members of BVHOA. Minutes of all meetings are kept.
The Bylaws require 48 hours advance notice to all members of BVHOA of all Board of Director meetings. Typically this notice is posted on the message board at the entryway to the community and on the community website announcing the date, time and place of the meeting.
Although Board of Director meetings are public and open for attendance by members of BVHOA, only the Board of Directors can vote on issues properly brought before it.
Board of Director meetings typically offer time for members of BVHOA to express their concerns or suggestions for community improvement.
2.3 Annual Meeting of Members
The Bylaws require that an Annual Meeting of members of BVHOA be held during February to elect Directors and conduct other business of interest to the members.
Notice of the annual meeting must be given to each member of BVHOA at least 14 calendar days in advance of the meeting and by posting a notice on BVHOA property 48 hours in advance of the meeting. Typically the notice on BVHOA property is posted on the message board at the entryway to the community announcing the date, time and place of the meeting.
2.4 Special Meetings of Members
The Bylaws allow for special meetings of members. Special meetings can be called for any purpose at any time.
A special meeting of members can be called by the President or the Board of Directors.
A special meeting may also be called by written request of at least fifty percent (50%) of the members of BVHOA.
Notice of a special meeting must be given to each member of BVHOA at least 14 calendar days in advance of the meeting and by posting a notice on BVHOA property 48 hours in advance of the meeting.
Typically the notice on BVHOA property is posted on the message board at the entryway to the community and on the community website announcing the date, time and place of the meeting.
2.5 Annual Assessments
BVHOA governing documents require all residences to pay a uniform annual assessment. This annual assessment is applicable for each residence in the community and is determined by the Board of Directors after review and approval of an annual budget for the association.
The annual budget is a combination of the total estimated operating costs for the next year plus an estimated amount to be set aside in a reserve account.
A copy of the annual budget and notice of the annual assessment is sent to each residence by November 1 of the preceding year and will apply for the following year. (for example: the 2006 budget and 2006 annual assessment is determined in October, 2005 and sent to residences by November 1, 2005)
A bill for the annual assessment will be sent to each residence in the community on or before December 1st of the preceding year. Annual assessments are due in full by January 1 of the next year. (for example: the bill for the 2009 annual assessment will be sent to all residences on or before December 1, 2008. It is due in full by January 1, 2009). Partial payments are not allowed.
2.6 Special Assessments
BVHOA governing documents allow for the levy of uniform special assessments.
A special assessment would typically be used to cover the cost of any capital improvements for the community or to its common areas that have not been specifically included in the annual budget.
All special assessments require a general meeting of the members at which a 2/3 majority of all members must approve the special assessment by voting in person or by proxy.
(An example: in 2004 a special assessment of $100 per residence was voted for by the members of BVHOA to supply and install new street signs in the community and supply and install new signs at the entryway to the community.)
2.7 Who Can Vote?
At those meetings where members can vote in person or by proxy on an issue, only one vote per residence is allowed by the governing documents.
For example: If a husband and wife attend a meeting at which a membership vote is on the agenda, they have only one vote between them for their residence.
There are 57 residences in the community. Consequently, there can only be a maximum of 57 votes—one per residence—on any issue requiring a members vote.
2.8 The Operating Budget
The first component of the annual budget and annual assessment for BVHOA is the operating budget.
The operating budget for the community consists of those expenses necessary to manage the day to day activities of the community and pay for those expenses associated with the operation of the community.
Some typical operating expenses routinely accrued by BVHOA are as follows:
2.9 Reserves
The second component of the annual budget and annual assessment for BVHOA is an estimated set-aside for the reserve account.
An interest bearing reserve account has been established to fund for future contingencies like repairing/replacing the entryway gates, gate motor operators or call box operating system and for resurfacing/repaving/repairing the community streets. As a gated and deed restricted community, BVHOA owns the streets and must fund any required resurfacing/repaving/repair of its interior streets past the entryway gate.
By adding a small amount to each year’s annual assessment for reserves, the fund gradually builds up over time and is available when needed. This is a more financially responsible approach than trying to get a large special assessment passed to cover a large cost contingency that may arise.
2.10 BVHOA Accounting and Bookkeeping Services
BVHOA out sources its required bill paying, accounting and bookkeeping needs to Acevedo and Company, Certified Public Accountants, 1775 South Kings Avenue, Brandon, Florida 33511.
Acevedo and Company charges BVHOA for these professional services and these charges are part of the operating budget of the association.
Acevedo and Company provides on-going financial information and reports to the BVHOA Board of Directors on a monthly and year-end basis.
Acevedo and Company also prepares the US Income Tax Return for Homeowner’s Associations, Form 1120-H. In general, BVHOA pays income tax at a flat 30% rate only on the interest earned, if any, from its bank accounts.
2.11 BVHOA Bank Accounts
BVHOA maintains a non-interest bearing checking account with Regions Bank. This account is used to pay BVHOA monthly operating costs.
BVHOA also maintains an interest bearing money market account with Regions Bank. This account is the BVHOA reserve fund.
Checks written from the BVHOA checking account over the amount of $1,500 require two authorized signatures.
2.12 BVHOA Insurance
BVHOA maintains Directors and Officers insurance (professional liability) and Commercial General Liability for bodily injury, personal injury and property damage. Both insurance policies also provide for the legal defense of claims against BVHOA.
2.13 Legal Representative and Registered Agent
BVHOA’s registered agent is:
David J. Lopez, P.A.
P.O. Box 172717
Tampa, FL 33672-0717
Mr. Lopez handles legal matters for BVHOA.
2.14 No Soliciting Allowed
Solicitors from outside the community are not allowed in Bloomingdale Village subdivision. A sign at the entryway clearly states that soliciting is not allowed.
All residents are encouraged to ask any solicitor to immediately leave the community.
No exception is made by BVHOA on the type of outside solicitation prohibited, including proselytizing.
If solicitors refuse to leave the community, call the police. We are a gated community with the gates closed 24/7. Access is limited to residents, guests of residents, police and emergency personnel, and authorized vendors.
Legitimate organized fund raising efforts by school age children of Bloomingdale Village subdivision residents are allowed. For example: selling Girl Scout cookies from door to door.
2.15 Enforcement of Community Rules
On rare occasions it becomes an unfortunate necessity for the Board of Directors to have to enforce payment of assessments or the community rules and regulations contained in the BVHOA governing documents.
The Board of Directors has the authority to place liens on resident’s property in Bloomingdale Village subdivision for non-payment of annual, special or specific assessments as authorized in the governing documents. Liens on property that are filed with Hillsborough County become a matter of public record and may hinder or prevent the future sale of the property. In addition to paying the full assessment, the full legal costs incurred by BVHOA for filing and then discharging the lien must be paid by the effected resident on whose property the lien was filed. Liens not discharged in a timely manner may, at the discretion of the Board of Directors, further subject the resident to a lawsuit or a foreclosure action and payment of the legal and other costs associated with those actions.
The Board of Directors also has the authority to impose monetary fines on residents who are not in compliance with community rules and regulations as may be found in the governing documents and Florida Statute 720.
In the event that a resident does not pay an assessment on time, or is not in compliance with the rules and regulations of the community, an appropriate notice, or notices, will first be given by the Board of Directors to the resident requesting timely payment of the assessment, and any late charges, or timely compliance with the community rules and regulations.
The Board of Directors feels that the filing of liens, lawsuits, foreclosures, and the imposition of fines is an absolute last resort to enforce compliance with community rules and regulations and strongly feels that mutual respect for one’s neighbors in our small community is the best compliance and enforcement mechanism.
2.16 Useful Websites
BVHOA residents will find the following websites useful:
1. The Bloomingdale Homeowners Association:
http://www.bloomingdalegazete.com
This website contains a lot of good information and news on the greater Bloomingdale area including a listing of all the communities and identifying those with homeowners associations and deed restrictions, if any.
2. Hillsborough County:
http://www.hillsboroughcounty.org
This website contains a lot of good information and news on living and working in Hillsborough County. It contains, for example, a listing of licensed contractors for all kinds of residential work and an interactive flood zone map so you can see whether or not your residence is in a flood zone or not for homeowner’s insurance purposes.
3. Hillsborough County Tax Collector:
This website provides good information on real estate taxes, driver licenses, hunting and fishing licenses and motor vehicle licenses. You can access your property’s real estate tax records on this site to check on payment status.
4. Clerk of the Circuit Court, Hillsborough County:
This website contains information on how to search for and retrieve an extensive list of public records.
For example: the Covenants of BVHOA are registered with the Clerk of the Court and are considered public records. The BVHOA Covenants, and many other public records, are easily accessible through this website.
5. Bloomingdale Village Homeowners Association
This is the community website and contains useful information about BVHOA and notices to the community
2.17 Sale of a Resident’s Home
When a resident sells his/her home in the community, the Board of Directors would request that a copy of the Residents Handbook be made available to real estate agents for prospective buyers to read. This will minimize any misunderstandings a prospective buyer may have about the community prior to purchasing a home in Bloomingdale Village.
Please remove the list of BVHOA Residents, Section 11, from the handbook. This listing is confidential and should not be provided to anyone who is not a resident of Bloomingdale Village.
A copy of the Residents Handbook, without Section 11 included, will be provided to a real estate agent upon written request to the President of BHVOA and advance payment of $50. Payment must be by check made payable to: Bloomingdale Village HOA. Cash payments will not be accepted.
During the closing process with the sale of a home in the community, the real estate agent or the title company performing the closing will often ask the seller to provide what is sometimes called an “estoppel letter.”
An estoppel letter is simply a letter, or a real estate or title company standard form, provided by the President of BVHOA noting, among other general details of the community, that the resident who is selling his/her house in the community is in good standing and has paid their yearly association dues.
Real estate agents or representatives of the title company should contact the President of BVHOA for this letter. It is provided free of charge.
Also, when you sell your home, there are certain disclosure details and contract of sale requirements of Florida Statute 720 Homeowners Associations by which you must abide. See Section 15 for this important information.
2.18 Lease of a Resident’s Home
Residents of Bloomingdale Village are allowed to lease their homes.
In the event a resident leases his/her home, maintenance of the property and the obligation to pay the annual assessment and any approved special assessments continues to be the responsibility of the owner of the home.
Lessees are required to follow all community rules and guidelines and must abide by the provisions of the governing documents. The resident who leases his/her home in the community is responsible for the behavior of their lessee.
Lessees are not allowed to vote on association matters. Only owners of homes in Bloomingdale Village are entitled to vote on association matters.
Residents who lease their homes in Bloomingdale Village are requested to please leave a forwarding address (physical), telephone number, and email address with the President of BVHOA so that notices of special and annual meetings and any bills for yearly or special assessments can be sent to them.
3.1 Entry Times
The twin gates at the entryway to Bloomingdale Village are closed 24 hours per day, seven days per week. Residents and guests must use either their remote gate openers, commonly called “clickers”, or use the call box located on the entryway island from the Natures Way (Great Golfers Way) entry to open the gates and enter the community.
3.2 Entry by use of Clickers
These clickers operate in a manner similar to your automatic garage door opener; push the button and the gates open.
When a new resident moves into Bloomingdale Village, he/she should receive two clickers from the former resident of the property during the real estate closing process in the same manner as the new resident receives the keys to the house.
In the event the new resident does not receive these clickers from the former residents, no more than two clickers will be provided to the new resident at no cost.
New and current residents can also purchase additional clickers, or replace lost or broken clickers, for $30.00 each. New clickers are available from the President of BVHOA. Checks for new clickers are made payable to: Bloomingdale Village HOA.
3.3 Entry by Use of Call Box
Entry to the community is also gained by using the call box outside the gates.
Entry from the call box is gained in two ways:
The entryway call box accesses a confidential database of resident’s names, home phone numbers, and unique access codes. This database is maintained by the company who provides all the necessary service and maintenance for the entryway gate system. Access to this database for changes and updates is limited to certain authorized officers of BVHOA.
3.4 Call Box Entry by Access Code:
Each property in Bloomingdale Village is provided with one unique four-digit numeric code for entryway call box use.
On the call box, enter the four-digit numeric code only and the gates will open. All four-digit codes must be preceded by a #sign. For example: #1234.
This is a confidential code! Please safeguard it and do not share this entry code with anyone other then your immediate family members who have a need to enter the community!
When a new resident moves into Bloomingdale Village, he/she will be issued a new four-digit entry code for the residence, and the old code for that residence will be deleted.
3.5 How to Change the Access Code:
In the event that a resident feels that his/her access code has been compromised, please call or e-mail the President of BVHOA. The resident’s old four-digit access code will be canceled (will no longer work) and a new four-digit access code will be issued by e-mail to the resident.
3.6 Call Box Entry by Home Phone Number:
On the callbox, a guest, vendor or service provider can find the name of the resident and call the resident’s home phone from the callbox. (Note: this entryway call box feature does not display the resident’s home phone number)
The resident can answer the phone and talk to the person at the call box and then push the number 9 on the home phone to open the gates for the guest, vendor or service provider.
Please note that after the resident pushes 9 on his/her home phone, the voice communication with the call box is terminated.
A new resident should call or email the President of BVHOA to report his/her new residential phone number, so it can be entered into the access database.
Likewise, if an existing resident changes his/her residential phone number, please call or e-mail the BVHOA President and advise of the change.
3.7 Emergency Services Access
Hillsborough County police and emergency services have access to the community through a special four-digit emergency code or thru the use of a special key at the call box.
Use of the four-digit emergency code opens the gates just like the residents four-digit code. After a brief opening, the gates close.
Use of the special key bypasses the opening and closing process and locks open the gates.
Residents should note that Hillsborough County water department enforcement personnel (sometimes called the “water police”) have the above access to enforce lawn watering restrictions, and may enter the community at any time.
3.8 Exiting the Community When Gates Are Closed
When exiting Bloomingdale Village, slowly pull the front of your vehicle up to the white line painted on the street immediately in front of the closed gates. There is a buried sensor at this location that activates the opening of the gates and the gates will open toward you. Be careful! If you move your vehicle past the white line while the gates are in opening process, the gates may hit your vehicle. Wait until the gates are completely open.
Residents are required to advise their guests, vendors and/or service providers, or invitees of the above caution.
3.9 Pedestrian Exit and Entrance Gate
There is a pedestrian exit gate at the entryway. The gate has a magnetic lock. A large green button on the inside wall at the gate will open the gate. There is a key pad outside the gate. A member’s four-digit code entered on the key pad will open the gate.
3.10 Temporary Codes
BVHOA will issue a temporary four-digit entry code for contractors who only need to be in the community for a short time, like installing a new roof, painting a house or performing home upgrades. Contact the BVHOA President for a temporary four-digit entry code. The temporary code works 6:00am to 6:00pm Monday thru Saturday. If does not work on Sundays.
3.11 Gates Hold Open
The gates can be held open for a certain time period on a certain day. For example: a BV resident is having a party at their residence on Sunday, October 19, 2019 form 5:00pm to 10:00pm and expects 10 vehicles from outside the community. The gates can be programmed to be held open for this day and time period. Contact the President of BVHOA.
3.12 Vendor and Service Provider Codes
If a resident has a vendor or service provider who routinely needs to be in the community (i.e. lawn/property care, pool service, housecleaning service, bottled water delivery, etc.), BVHOA will issue the vendor or service provider a unique four-digit code (just like the resident’s) for their use to open the community gates. This code issued to vendors and service providers works only between the hours of 7:00am and 6:00pm Monday through Sunday. Use of the code at times other than these will not open the gates. Each time a vendor or service provider uses the code assigned to him/her, the company name and time is registered in a database that is continually monitored by BVHOA authorized personnel.
If you have a vendor or service provider who legitimately requires this code, please call or email the President of BVHOA with the business name of the vendor or service provider, a contact name and a contact phone number. The President will contact the BVHOA director responsible for managing the vendor and service provider code database.
Please note that the vendor or service provider will be required to stop by the responsible director’s home in BV to pick up the code and associated paperwork advising how this code process works. Vendor codes will not be provided to residents or to the vendors or service providers by telephone, email or fax.
Note: Waste Services, Inc. (Tuesday is yard waste, garbage and recycle day and Friday is garbage only), FedEx, DHL, US Mail, UPS, Tampa Bay Times newspaper all have assigned four-digit entry codes.
3.13 Outside Cameras
There are two outside video cameras mounted on a tall post just outside the gates next to the stop sign. These two cameras provide continuous monitoring of the activities at the gates and along the entryway where the call box is located. Recordings can be downloaded for certain times and dates if necessary.
DISCLAIMER
All residents, guests and invitees of residents, and vendors and service providers for residents are expected to exercise reasonable and responsible caution when they approach the two gates at the entryway to Bloomingdale Village. BVHOA and its officers and/or directors are not responsible for any claims arising out of bodily injury caused by the moving entryway gates. BVHOA and its officers and/or directors are not responsible for any claims arising out of damage to a resident’s vehicle or anyone else’s vehicle that is damaged by the moving entryway gates.
4.1 Rights of Access
Access to the entrance to Bloomingdale Village is across property owned by Bloomingdale Golfers Club.
The original developer of Bloomingdale Village, Sungreene, Inc., was at that time the owner of Bloomingdale Golfers Club.
The official plat of Bloomingdale Village subdivision filed and on record with Hillsborough County, Florida identifies a tract of land called “A-1”. Tract A-1 is owned by Bloomingdale Golfers club and extends from the entrance to the Golfers Club on Natures Way to just past the entrance to Bloomingdale Village. This tract A-1 is bordered on the northwest side by the lake and on the southwest side by the block wall that extends from Natures Way to the entrance to Bloomingdale Village. This is the main entrance to both the golf course and Bloomingdale Village subdivision.
The official plat contains an express grant by the developer, Sungreene, Inc., of unlimited ingress and egress to BVHOA, and to all owners of lots within Bloomingdale Village subdivision, across this tract A-1 property.
This express grant also allows unlimited ingress and egress to all local, state, and federal government officials, and to all emergency services vehicles.
4.2 Maintenance Agreement with Bloomingdale Golfers Club
During the development of Bloomingdale Village subdivision, a joint maintenance agreement between Bloomingdale Golfers Club and Bloomingdale Village for Tract A-1 was signed.
This maintenance agreement calls for both parties to share in the maintenance responsibilities of this Tract A-1 over which BVHOA and its residents have ingress and egress rights. From time to time, BVHOA participates in a general cleanup and trim of the entryway shrubbery on Natures Way and trees along the entryway island. BVHOA has also painted the finials atop the entryway walls on Natures Way.
Watering of the grass and cutting of the grass is done by Bloomingdale Golfers Club.
The maintenance agreement also requires BVHOA to maintain and pay the electric bills for the eight ornamental street lights along the Tract A-1 entryway.
These street lights are leased by BVHOA under a separate agreement with TECO. This agreement provides for a fixed monthly cost to operate and maintain the lights. The lights are turned on and off with a photoelectric cell.
In the event a resident sees that one these street lights is not properly operating, please contact one of the BVHOA Board of Directors with the street light number. These numbers are clearly marked on each street light.
Once a problem with a street light has been reported to TECO, they have been prompt in fixing the problem.
The ornamental street lights within Bloomingdale Village are leased under a separate agreement with TECO. This agreement provides for a fixed monthly cost to operate and maintain the lights. The lights are turned on and off with a photoelectric cell.
In the event a resident sees that one these street lights is not properly operating, please contact one of the BVHOA Board of Directors with the street light number. These numbers are clearly marked on each street light.
Once a problem with a street light has been reported to TECO, they have been prompt in fixing the problem.
6.1 Between Bloomingdale Village and Bristol Green
There is a plastic fence with concrete pillars that separates Bloomingdale Village subdivision from Bristol Green subdivision. Five homes in the community have this fence along the rear or one side of their property.
Maintenance and repair of this fence is done on as-needed basis and the cost is shared equally through a written agreement between Bloomingdale Village subdivision and Bristol Green subdivision.
6.2 Along Natures Way and the Golf Course Entrance
There is a painted block wall along Natures Way and along the entryway boundary with Bloomingdale Golfers Club. Twenty homes in the community have this block wall along the rear or one side of their property.
Cleaning and repainting of the outside and inside of the wall is performed on approximately a five year interval by the Bloomingdale Special Taxing District.
When the Special Taxing District plans to clean and repaint the outside of the wall, it will separately notify each of the twenty residences in Bloomingdale Village who have the inside of this wall along one side or the rear of their property. The notification by the Special Taxing District will note that they will clean and repaint the inside of the wall on the resident’s property and seek their written permission of the resident to do so.
If a resident does not provide the written permission as requested by the Special Taxing District, then the inside section of the wall along their property will not be cleaned and painted.
The cost of cleaning and repainting is paid for from the budget of the Bloomingdale Special Taxing District. All residents in the greater Bloomingdale area pay a yearly non-ad valorem assessment (currently $100 per residence) as a part of their Hillsborough County real estate taxes.
7.1 Basis for Establishment of the Architectural Review Committee (ARC)
The provision for the establishment of an ARC for BVHOA is provided for in Section VII of the Covenants. All residents are encouraged to read this section of the Covenants. Florida Statutes 720, Homeowners Associations, section 720.3035 provides further statutory guidance for architectural control covenants.
7.2 Who Can Serve on the ARC?
The ARC is made up of community residents and is appointed by the BVHOA Board of Directors. Community residents who are not on the Board of Directors can serve on the ARC. Any resident interested in serving on the ARC should contact the President of BVHOA, or the Chairperson of the ARC.
Typically, the ARC will consist of three or five members. The Chairperson of the ARC is an elected Director of BVHOA.
7.3 Role of the ARC
The role of the ARC is to assist residents in ensuring that reasonable and consistent community standards for changes or improvements to a resident’s property are maintained for the benefit of everyone in the community.
7.4 Duties of the ARC
The duties of the ARC are enumerated in Section VII of the Covenants, and in general are as follows:
Note 1: Minor landscaping changes or replacement of existing lawn, shrubbery, trees, flowers, or mulch does not require the approval of the Architectural Committee.
7.5 How to Submit a Request to the ARC
All requests for capital improvements to property, exterior painting of residences, and landscaping changes must be submitted in writing to the Chairperson of the ARC.
A request for approval of proposed capital improvements or landscaping should be accompanied by a description and sketch of the proposed improvements or landscaping. A copy of the resident’s official property survey showing how the proposed capital improvements or landscaping will interfere or not interfere with required property set backs and/or property easements must accompanying such request.
A request for approval of a proposed painting color for a residence must be accompanied by color samples of the proposed color.
Effective November 1, 2008, and in order to be in compliance with Florida Statute 720.3035, BVHOA has established a book of all the exterior colors of all residences in the community. This book contains a color photograph of each residence in the community showing the general color scheme/shade of paint for each residence. This book of color schemes of residences is to be considered the BVHOA published guideline and standard for acceptable exterior paint colors of residences for BVHOA.
The ARC is responsible for the maintenance and periodic updating of this published guideline and standard.
After November 1, 2008, if you are considering changing the exterior color of your residence, please make sure you first consult with the Chairperson of the ARC and review your exterior paint color options against the BVHOA published guidelines and standards for acceptable exterior paint colors.
7.6 Response Time to a Resident’s Request
A written approval, denial, or suggestion for changes will be provided within five days from the date of receipt of a resident’s request to the ARC.
During this time, the ARC may request additional information from the resident or make suggestions to the resident regarding the proposed capital improvement, landscaping or painting.
Approvals must be by a majority of ARC members.
7.7 Variances
A resident may submit a request to the ARC for a variance from the provisions of the Covenants.
Please see the Covenants, Article VII, Section 6 for details on how to apply for a variance and other considerations concerning variances.
In addition to the rules provided for in the governing documents, the following rules have been adopted by the Board of Directors.
1. Fences
In addition to the restrictions in Article IV, Section 10, Walls, Fences and Hedges, found in the Covenants, a community guideline for all proposed fences was adopted in April of 2000 and is as follows:
The only fencing allowed for installation in Bloomingdale Village is constructed of white PVC, six (6) feet in height, unless specified differently in the following. The style must be of a similar style and design to that pictured in Exhibit “A” hereto. The following standards apply to the installation of fences.
See "Section 8 Fencing" attached file below.
2. Late Fee for Annual Assessment.
As approved by the BVHOA Board of Directors at their October 2004 meeting a uniform late fee of $100 shall be added a resident’s Annual Assessment in accordance with the Governing Documents. All annual assessments are due in full not later than December 31. For example: The 2019 annual assessment is due in full no later than December 31, 2018. A $100.00 late fee will be assessed if the annual assessment is 30 days or more late.
3. Exterior Painting of Residences
As approved by BVHOA Board of Directors at their October 28, 2008 meeting guidelines and standards for acceptable exterior paint colors of residences are provided for in Paragraph 7.5 of Section 7 – Architectural Review Committee.
4. Satellite TV Dishes
Satellite dishes of 36” diameter or less are allowed. Please request your installer to mount the dish in a location on your roof so that the dish is not generally visible from the community streets.
5. Community Rules for Appointed Committees
The BVHOA Board of Directors may from time to time at a regularly scheduled Board meeting appoint a committee consisting of BVHOA Members in good standing to investigate and report on issues deemed important to the community.
The Board will develop an appropriate written charter listing number of members, goals, and other activities and considerations for any such committee to follow.
All reports filed by such committee(s) shall be majority reports and shall be submitted in writing to the BVHOA Board of Directors.
There shall be at least one member of the BVHOA Board of Directors on any appointed committee who at the discretion of the Board of Directors may also be the Chairman of the committee.
6. Community Rules for Inspection of BVHOA Records
A. Inspection Generally: A Member of BVHOA may inspect the official records of BVHOA one day per month, holidays excluded, for a period not to exceed eight hours. Inspection shall take place at a starting time and place as may be advised in writing or by email from an Officer of the Association. Reasonable accommodation in the date and starting time for inspection shall be made in the schedule of the Member upon request, but in no event will an inspection session go beyond 5 p.m.
B. Inspection at Accountant’s Office: A Member of BVHOA may inspect current year BVHOA records that are in the possession of BVHOA’s accountant. The fee for the inspection at the accountant’s office will be the obligation of the Member. The fee of $75.00/hour (or a different rate as may from time to time be advised by BVHOA’s accountant) shall be payable in advance to BVHOA’s accountant for the estimated time necessary to inspect the records during the course of only one 8 hour day per month, Monday through Friday, holidays excluded, at the accountant’s office and at a starting time as may be advised in writing or by email from an Officer of the Association. Reasonable accommodation in the date and starting time for inspection shall be made in the schedule of the Member and Accountant upon request, but in no event will an inspection session go beyond 5 p.m.
C. Cancellation:
D. Repeat Inspection of Records: BVHOA records inspected by a Member, or which were to be inspected by a member but were not because of a session cancellation with prejudice, may not be re-inspected (if they have not been subsequently discarded in accordance with the records inspection retention provisions, if any, of FS720) for a period of six months from the date of the original inspection, or from the date of the inspection session that had been cancelled with prejudice.
E. Request for Inspection; How made: All requests by a Member to inspect any BVHOA records must be made in writing or by email to the current President of the Association.
F. Monitoring of Session: A Member requesting inspection of BVHOA documents agrees that the security of BVHOA records is important. A Member may not remove any BVHOA records from the designated inspection location. The Association may have a representative present during the inspection for the purposes of monitoring the Member’s handling of the records.
G. Method of Inspection: BVHOA reserves the right to provide copies of BVHOA records for a Member’s inspection. Upon specific request of the Member, an original document will be made available for inspection. Unless an original document is requested, records may be made available in electronic format (examples: a CD, or PDF via e-mail) at the option of the Association. Records may be produced as they are kept in the normal course of business.
H. Security and Document Integrity: The Association is self managed. The official records are kept in the home of an Association officer or director. Inspection thus takes place in a residential dwelling, not in a commercial office suite which is the case with professionally managed communities. In order to protect against the unauthorized removal of personal property, the removal of official records, or risks to the personal safety of those who reside in the dwelling, persons inspecting official records shall not be permitted to bring briefcases, boxes, or other similar containers into the dwelling or onto the property on which the dwelling is located.
Application of Law: In all respects the provisions of Chapter 720.303, Florida Statutes, as they may be amended from time to time shall be applied.
See "Section 8 Board Resolution." This "preserves" our governing docs for 30 more years. Note: this a registered doc with the clerk. #2015448690 filed 11/18/2015.
9.1 Community Activities
Community activities are encouraged and BVHOA will support residents interested in organizing such activities.
Typical community activities held in Bloomingdale Village are:
Reasonable expenses incurred by residents for approved community events will be reimbursed by BVHOA.
9.2 Personal Expenses
From time to time, with permission of the Board of Directors, individual residents may incur personal expenses on behalf of or for the benefit of BVHOA. Such reasonable expenses will be reimbursed by BVHOA.
Such expenses incurred by residents of Bloomingdale Village should be submitted to the Treasurer of BVHOA for reimbursement
The list of Members who serve as Directors and Officers of BVHOA and the Architectural Review Committee can be found on the BVHOA website.
The BVHOA publishes a list of all residents in Bloomingdale Village annually. Please consider this to be a confidential listing of your neighbors. All changes should be forwarded to the President of BVHOA.
A revised copy of the Declaration of Covenants, Conditions, Restrictions and Easements for Bloomingdale Village registered and dated June 29, 2007 is attached below. The revised Declaration of Covenants, Conditions, Restrictions and Easements incorporates the changes approved by BVHOA residents in December, 2006.
Any questions regarding interpretation or enforcement of the provisions of this governing document should be directed to the President of BVHOA.
See "Section 12 Notice of Preservation" file attached below.
See "Section 12 Declaration of Covenants 2007" file attached below.
A revised copy of the By Laws for Bloomingdale Village registered and dated June 29, 2007 is attached with this section. These revised By Laws incorporate the changes approved by the BVHOA Board of Directors in December, 2006.
Any questions regarding interpretation or enforcement of the provisions of this governing document should be directed to the President of BVHOA.
See "Section 13 BVHOA Bylaws" file attached below.
A current copy of the Articles of Association for Bloomingdale Village dated February 19, 1996 is attached with this section. Amendment 1 filed June 29, 2007 is also attached.
Any questions regarding interpretation or enforcement of the provisions of this governing document should be directed to the President of BVHOA.
When you sell your property in Bloomingdale Village subdivision, you must follow the instructions in this section. You are strongly encouraged to read and abide by the below noted sections of Florida Statutes 720, Homeowners Associations.
Florida Statutes Chapter 720, Homeowners Associations, Part II, section 720.401 (1)(a) requires that a prospective parcel owner in a community must be presented a disclosure summary before executing the contract of sale.
See the Disclosure Summary for Bloomingdale Village Homeowners Association, Inc. included with this section. This is the form that is substantially similar to the example in the statute and must be given to a prospective purchaser of your property in Bloomingdale Village.
This Disclosure Summary must be incorporated into the final contract of sale.
The Florida Statutes require you, the seller of the property, to make sure this Disclosure Summary is included in the final contract of sale.
DO NOT ASSUME YOUR OWN REAL ESTATE AGENT OR THE BUYER’S REAL ESTATE AGENT OR THE TITLE COMPANY WILL MAKE THIS HAPPEN. YOU MUST MAKE SURE THE DISCLOSURE SUMMARY IS IN THE FINAL CONTRACT.
Also, Florida Statutes 720, Part II, section 720.401 (1)(b) requires that the final contract for the sale of your property must also contain in conspicuous type a clause that states:
“IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER’S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYERS RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.”
AGAIN, DO NOT ASSUME YOUR OWN REAL ESTATE AGENT OR THE BUYERS REAL ESTATE AGENT OR THE TITLE COMPANY WILL MAKE THIS HAPPEN. YOU MUST MAKE SURE THE ABOVE NOTED CLAUSE IS IN THE FINAL CONTRACT.
Florida Statutes 720, Part II, section 720.401 (1)(c) states:
“(c) If the disclosure summary is not provided to a prospective purchaser before the purchaser executes a contract for the sale of property governed by covenants that are subject to disclosure pursuant to this section, the purchaser may void the contract by delivering to the seller or the seller’s agent or representative written notice canceling the contract within 3 days after receipt of the disclosure summary or prior to closing, whichever occurs first. This right may not be waived by the purchaser but terminates at closing.”
When you are selling your home in Bloomingdale Village please make sure you follow the instructions in this section of the Residents Handbook and the Florida Statutes 720. This is the law and it must be followed.
If you need any information regarding assessments to fill in the Disclosure Summary, please call or email the President or Treasurer of BVHOA.
Finally, please make sure you provide a copy of the dated and signed Disclosure Summary to the President of BVHOA before closing on the sale of your property.
See "BVHOA Disclosure Summary" attached file below. This is the summary provided to all new purchasers of homes in Bloomingdale Village.
Attached below this Section is a copy of the official plats of Bloomingdale Village subdivision.
The legal description of the subdivision is:
Bloomingdale Section “AA/GG” Unit 1 Phase 1 Section 13, Township 30 South, Range 20 East, Hillsborough County, Florida, Plat Book 77, Pages 21-1 through 21-5.
See "BVHOA Plats" attached file below.
Section_8_Board_Resolution (pdf)
DownloadSection_8_Fencing (pdf)
DownloadSection_12_Notice_of_Preservation (pdf)
DownloadSection 12 Declaration of Covenants 2007 (pdf)
DownloadSection 13 BVHOA Bylaws (pdf)
DownloadSection_15_Disclosure_Summary (pdf)
DownloadSection_16_BVHOA_Plats (pdf)
DownloadProxy Form BVHOA (pdf)
DownloadValrico, FL 33596