Declaration of Restrictions
This page provides an overview and links to legal documents/information related to The Village at Innsbrook and its Home Owners Association.
Home Owner Association Documents
Property Covenants and Declaration of Restrictions
The following documents describe use restrictions (and modification thereof) for property within the Village at Innsbrook as well as enforcement and HOA authority. The Village at Innsbrook was developed (phased in) between 1985 and 1990 as Sections A, B, C, D, E and F. Thus you'll see various Declaration of Restrictions below with amendments as each Section was developed. Note that restrictions in each are the same. Plain text of the key provisions of the Restrictions are in the section further below. ALSO see the Architectural Control Page for additional restriction information and improvement requests.
Plain Text of Key Provisions of the Declaration of Restrictions
1. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot except for the use as a private, one-family residence; provided, however, that the usual outbuildings, including a private garage, may be permitted if approved by Innsbrook as provided herein.
2. No improvements, including without limitation a dwelling, accessory structure or addition, such as a carport, porch, sidewalk, roof, radio tower, lamp post mailbox, fence, garage or other outbuildings, landscaping, antenna or similar device, or exterior color or siding material change, shall be made, erected, altered or replaced, unless two sets of detailed plans and specifications, including a site plan locating all such improvements and describing exterior finishes (material and color, including roof) have first been submitted to and approved by The Village at Innsbrook Homeowners Association in writing. There shall be strict compliance with this requirement.
4. In considering requests for approval of fences and hedges the following general guidelines will be applied:
(a) No fence shall be permitted in the front yard of any lot (between the building setback line and street line).
(b) No fence or hedge shall generally be permitted higher than 42 inches.
(c) No chain link fences or fences of other materials similar in nature or appearance will be permitted. Innsbrook may in its absolute discretion waive or modify these guidelines, and consider such other criteria as it shall deem appropriate.
5. No sign of any kind shall be displayed to the public view on any lot, except one sign of not more than four (4) square feet advertising the property for sale or rent, or signs used by a builder or sub-builder to advertise the property during the initial construction and sales period, unless first approved in writing by the The Village at Innsbrook Homeowners Association.
6. No use shall be made of any lot, or any part thereof, which constitutes a nuisance or will adversely affect the value or marketability of other lots in the subdivision. No stables, swine, sheep, cows or the like shall be permitted on the property. All trash, garbage and/or rubbish shall be kept in sanitary containers located so as not to be visible from a public street except as necessary for limited times in connection with pickup and removal by disposal services.
7. No driveway, entrance-way, or sidewalk shall be constructed on any lot unless approved as provided in paragraph 2.
8. No swimming pool shall be located nearer to a street line than the rear building line of the dwelling.
9. No structure of a temporary character or any trailer, tent, barn or other outbuildings, shall be used on any lot at any time as a residence, either temporarily or permanently.
10. No trees over six (6) inches in diameter shall be removed without the prior written approval of Innsbrook.
11. No portable air conditioning units will be placed in any window of a dwelling or other building if visible from a public street.
12. No exterior television (including “dish” type) or other antennas shall be permitted to extend over five (5) feet above the roof line of any building.
13. No motor vehicle will be parked on or adjacent to any lot which does not have a current state license, state inspection sticker and county license, and no commercial vehicle, such as, by way of illustration, a school bus, delivery truck, or other large vehicle or equipment, will be parked on a street in the subdivision or on any lot. No recreational vehicle (mobile home, camping trailer, and other similar vehicles) shall be parked on a street in the subdivision, or on a lot except in a driveway shown on plans which have been approved as provided in paragraph 2.
18. The Village at Innsbrook Homeowners Association shall have the full right and privilege to enforce this and all other restrictions and conditions contained herein by appropriate proceedings at law for damages and/or in equity for appropriate injunctive relief and restraining orders to prevent violations, or to require violations to be corrected, together with damages sustained, including without limitation attorneys’ fees and costs. In addition, any lot owner shall, after dwellings have been completed and conveyed to the first purchaser thereof on seventy-five percent (75%) or more of the lots hereinabove referred to, have the same right, at his, her or its expense, to enforce compliance with these restrictions as is provided in this paragraph