The CCRs apply to all property in Cove Gardens. The failure of the Realtor and closing agent does not affect the fact that the CCRs are recorded in the Official Record of Escambia County, which gives everyone notice of their content and effect.

No. Court rulings have consistently held an HOA cannot restrict residency to owners (i.e. no renters permitted). Same goes for the notion that the homes in a subdivision are “single-family” homes. Escambia County has ordinances (county laws) limiting the number of people who can live in a single home, but does not require them to be related by blood or law (i.e. marriage, adoption, etc.).-

Escambia County has a noise ordinance that takes precedence over the HOA’s CCRs. If you have a problem with a noisy neighbor, the matter cannot be handled by the HOA. Attempts can be made to find a solution legally and calmly through discussion, or if you need further enforcement of the noise ordinance, call the Escambia County Sheriff’s Department, which will investigate and take appropriate action. The Sheriff’s Department’s non-emergency phone number is (850) 436-9620.

No. The Escambia County Air Quality Plan, which is equivalent to law, bans all burning without a permit from the Escambia County Fire Department in locations south of 10-Mile Road. All of Cove Gardens is south of 10-Mile Road. If you wish to seek enforcement, call Environmental Code Enforcement at (850) 595-1820. Code Enforcement considers it an emergency to stop open burning in banned areas. Code Enforcement Officers are state law enforcement officers with the authority that status entails.

Federal regulations, which have the effect of law, state that HOAs cannot ban antennas needed to obtain the signal from a broadcast station, satellite provider or other licensed user of the public airwaves. Therefore, the CCR cannot be enforced in terms of forbidding antennas. The HOA has a right to regulate the appearance of antenna, including limiting the height to what is necessary to obtain the signal, the color of the antenna and the placement of antenna (just so such regulation does not prevent a home owner from obtaining the signal). For example, the HOA can bar antenna in front yards.

The Escambia County Leash Ordinance is enforced by Escambia County Animal Control. The HOA does not have the authority to enforce federal, state or county law. If you see an animal off the leash, you should report it to Animal Control by calling (850) 595-3075 or, if it is an emergency call 9-1-1. The same goes for reporting a dog biting incident. animal neglect or cruelty, animal destruction of property or other animal-related incidents.

The HOA does not provide pest control services. If you believe a property owner is creating an attraction for rats or other disease-carrying critters, report it to the Florida-Escambia County Health Department at (850) 596-6500. Mosquito problems may be reported to Escambia County Mosquito Control at (850) 937-2188.

It is simply too late for that to happen. The County requires roads to be paved on an aggregate rock base. Our developer chose to pave our roads on a clay base. To accept our roads, an expenditure of about $500,000 to tear out our existing pavement, put in an aggregate rock base and repave the roads would be required. This cost would be prohibitive. The County is not accepting responsibility for “private” ponds. The HOA cannot force the county to take over either roads or the drainage system. Responsibility for their maintenance falls on the HOA. Note: The HOA has created a budget back in 2021 to accumulate funds whenever repairs or reworking of these two items are ever needed in hopes to never impede on normal HOA dues.

Numerous Court decisions, including some by the U.S. Supreme Court, have held that HOAs cannot ban political signs because that constitutes an abridgement of “political speech,” which is absolutely protected by the First Amendment of the Constitution of the United States. Therefore. political signs cannot be barred by a CCR because federal, state and/or local laws supercede CCRs.

Parking is the never-ending thorny problem for Cove Gardens. For this reason, the Association’s Board has implemented Parking Rules, a copy of which may be found on the Documents page on this Website. A few facts make parking worse: Most residents use their garages for purposes other than parking their vehicle; many households have more than 3 vehicles; among other issues stemming from a smaller than average road width (i.e. parking across the road from a vehicle parked on the opposite side of the road, parking in curves, blocking driveways, etc.). The first two issues are beyond the HOA’s control. The latter could be addressed with warnings, fines and/or barring repeat offender’s from use of the road (which is owned by the HOA, not individual property owners). The HOA has considered various parking schemes such as limiting parking to a particular side of the road (determined either permanently or using alternating schedules), implementing a strict fining system (which has some issues, including a general distaste for fines and how/who would enforce the system given that the HOA board is small and comprised of volunteers, etc.). As recently as 2022, the HOA implemented a shared parking location that is now monitored and managed towards the back of the neighborhood. Anyone is welcome to suggest additional viable solution to the problem. One Note: Vehicles parked in the road  may be damaged by emergency vehicles or other residents/visitors. Under Florida law, the owners of the parked cars would be liable for their own damage and the damage to the emergency vehicle/owner’s vehicle or other property. So make sure when you park, there is allowable space for thru traffic.

This is an issue currently under study by the HOA board. The HOA does not have the authority to cite a driver for speeding or to take them into custody for any reason. The Escambia County Sheriff’s Department does not routinely patrol on Evening Falls Drive because it is a private road. If a deputy happens to be in the neighborhood and personally observes a vehicle traveling at an “unsafe speed,” the officer may stop the offending vehicle and issue a citation. Speed bumps could be installed, but most people including the HOA board aren’t in favor of that solution. Finding a consensus on how to stop speeding without the help of law enforcement is a goal of the current and past HOA’s, but it will take community-wide support to successfully handle the issue.