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DECLARATION OF COVENANTS. CONDITIONS.
EASEMENTS AND RESTRICTIONS
ST. JOHNS LANDING
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Robert M. Poppell, Esquire
Maguire, Voorhis & Wells, P.A.
2 South Orange Avenue
P.O. Box 633
Orlando, Florida 32802
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TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
. . 1
ARTICLE II
OBJECTS AND PURPOSES .
. . . . . . . . . . . . . . . . . . 5
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ARTICl;..E III
EFFECT OF DECLARATION . . . . . .
3.1 Covenants Running with Land.
3.2 Property Affected.
3.3 Parties Affected. . . . . . .
ARTICLE IV PROPERTY SUBJECT TO DECLARATION
4.1 Subject Property.
4.2 Addition of Property. . . . . . .
ARTICL~ V
USE CLASSIFICATIONS
5.1 Residential Property.
5.2 Common Property.
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ARTICLE VI
PERMITTED USES . . . . . .
6.1 Residential Property.
6.2 Common Property.
ARTICLE VII
USE RESTRICTIONS - RESIDENTIAL PROPERTY
7.1 Single Family Only. . .
7.2 Ownership and Leasing.
7.3 Subdivision. ....
7.4 Commercial Activity.
7.5 Offensive Activity. .
7.6 Animals and Pets. . .
7.7 Commercial and Recreational Vehicles.
7.8 Maintenance. . . . . . .. . . . . .
7.9 Reconstruction of Damaged Improvements.
7.10 Garbage and Garbage Containers.
7.11 Burning. ......
7.12 Storage Tanks. ......
7.13 Mineral E~loitation. . . . .
7.14 Laundry and Clothes Drying. .
7.15 Radio Transmission E~ipment.
7.16 Signs.
7.17 Trees. . . . . . . . . .
7.18 Drainage. . . . . . . . . . .
7.19 Pesticides, Herbicides and Fertilizers
7.20 Rules and Regulations.
7.21 Enforcement. .............
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7.22 Precedence Over Less Stringent Governmental Regulations.
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ARTICLE VIII
BUILDING RESTRICTIONS - RESIDENTIAL PROPERTY 15
8.1 Building Type. ..... 16
8.2 ~pproved Plans. . . . . . 16
8.3 Governmental Regulations. 16
8.4 Design Standards Manual. 16 LU
8.5 Construction. . . . . . ~~ ~
8.6 Construction Time. ~ ~
8.7 Height Limitation. ~ ~
8.8 Building Setback Lines. ~
8.8.1 .I.tQll..... . . . ~
8.8.2 Corner Lots. ~
8.8.3 Lakefront Lots ~
8.8.4 Exclusions... ~ ~
8.9 Other Setback Lines. . . . 17 ~
8.9.1 Swimming Pools. . 18
8.9.2 Swimming Pool Decks. Patios and Enclosures.
. . . . . . . . . . . . .. .... 18
8.9.3 Outbuildings and Accessory Structures. 18
8.9.4 Design Standards Manual. 18
8.10 Intentionally Blank. 18
8.11 Dwelling Size. .... 18
8.12 Temporary Improvements. 19
8.13 Garages and Carports. 19
8.14 Curb Cuts. 20
8.15 Driveways. ... 20
8.16 Roofs. . . . 20
8.17 Roof Structures. 20
8.18 Antennas. Etc. 21
8.19 Windows. .... 21
8.20 Reflective or Mirrored Glass. 21
8.21 Awnings. Shutters and Window Coverings. 21
8.22 Exterior Air Conditioning Equipment. 21
8.23 Fences and Walls. . . . . . . . . . . 22
8.24 Swimming Pool Screens. ....... 22
8.25 Exterior Building Materials. Finishes and Colors. . 22
8.26 Exterior Lighting. ........ 22
8.27 Mailboxes and Other Delivery Boxes. 22
8.28 Underground Utilities. 23
8.29 Landscaping. 23
8 . 3 0 Gras s . ...... 24
8.31 Trees. ...... 24
8.32 Irrigation Systems. 24
8.33 Artificial Vegetation. 24
8.34 Lakefront Lot Swale System 24
8.35 Docks and Boathouses 25
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8.36 Seawalls or Bulkheads. . . .
8.37 Sidewalks. . . . . . . . . .
8.38 Precedence Over Less Stringent
. . . . . . . . .. 26
. . . . . . . . . . . 27
Governmental Regulations.
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8.39 Waivers. Exceptions and Variances by Developer.
8.40 Architectural Review Board Approval. . . . . . . .
ARTICLE IX
COMMON PROPERTY
9.1 Additional Property.
9.2 Restriction on Use. .
9.3 Restriction on Conveyance.
9.4 Encumbrance as Security.
9.5 Use by Owners.
9.6 Delegation of Use. ...
9.7 Waiver of Use. . . .
9.8 Administration and Care.
9.9 Rules and Regulations.
9.10 Community Wall. . . . . .
9.11 Community Dock . . . . .
9.12 Payment of Assessments Not Substitute
for Taxes.
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ARTICLE X
ASSESSMENTS . . . . . . . . . . . . . 34
10.1 Assessments for Common Expenses. 34
10.2 Common Expenses. ....... 34
10.3 Use of Assessments. . . . . . . . 35
10.4 Prohibited Use of Assessments. 36
10.5 Lien for Assessments. . . . . . . 36
10.6 Personal Liability for Assessments. 36
10.7 Types of Assessments. . . 37
10.8 Initial Fee. . . . . . . . . . . . 37
10.9 Regular Assessments. ....... 37
10.9.1 Rate of Regular Assessment. 37
10.9.2 Developed vs. Undeveloped Lots 38
10.9.3 Notice of Regular Assessments. 38
10.9.4 Commencement of Regular Assessments. 38
10.9.5 Insufficient Regular Assessments. 38
10.9.6 Limitation on Increases. 38
10.9.7 Payment of Assessments. . . 39
10.9.8 Developer Option. . . . . . 39
10.9.9 Reserves.......... 39
10.10 Capital Expenditure Assessments. 40
10.11 Special Assessments. . . . . . . 40
10.12 Individual Lot Assessments. 41
10.13 Ouorum for Action Authorized Under Subsection 10.9.6
and Sections 10.10 and 10.11. . 41
10.14 Uniformity of Assessments. 42
10.15 Exempt Property. . . . . . 42
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10.16
10.17
10.18
10.19
Subordination of Assessment Lien.
Certificate of Assessments Due.
No Defenses or Offsets. .....
Waiver of Homestead and Other Exemptions.
ARTICLE XI
NON-PAYMENT OF ASSESSMENTS . .
11.1 Delin~ency. ......
11.2 Notice of Lien. . . . . .
11.3 Foreclosure of Assessment
11.4 Collection from Owner.
11.5 Judgment Amount.
11.6 Remedies Cumulative.
11.7 Satisfaction of Lien.
12.1
12.2
12.3
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Objects and Purposes and Function. ~
Duties and Powers. Generally. . . . . 46
Duties of Association. ....... 46
12.3.1 PaYment of Common Expenses. 46
12.3.2 Levy and Collection of Assessments. 46
12.3.3 Other Services. . . . . . . . . . 46
12.3.4 Insurance. .......... 46
12.3.5 Preserve and Enhance Beauty of St. Johns
Landing. . . . . . . . . . . . . . " 47
12.3.6 Promotion of Health. Safety and Welfare. 47
12.3.7 Establish and Enforce Rules and Regulations.
. . . . . . . . . . . . 47
12.3.8 Other Activities. . . . . . 47
12.3.9 Operate Without Profit. . . 47
Powers of Association. ....... 47
12.4.1 Own and Deal with Common Property. 47
12.4.2 Levy and Collect Assessments. 48
12.4.3 Establish Reserves. . 48
12.4.4 Sue and Be Sued. 48
12.4.5 Borrow Money. . . . . 48
12.4.6 Employ and Contract. 48
12.4.7 Intentionally Blank. 49
12.4.8 Provide Public or Ouasi Public Services. 49
12.4.9 Enforce Declaration. ......... 49
12.4.10 Stormwater Management System . . . . . . 49
Limitations and Restrictions on Power of Association.
. . . . . . . . . . . . . . . . . . .. ... 49
12.5.1 Contracts for a Term in Excess of One Year 49
12.5.2 Pledge of Assessment Rights. . . . . . . . 50
12.5.3 Sale or Transfer of Real Property. . . . . 50
12.5.4 PaYment of Compensation to Officers or Directors
51
Lien.
ARTICLE XII
ASSOCIATION:
PURPOSES. DUTIES AND POWERS
12.4
12.5
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ARTICLE XIII
ASSOCIATION. MEMBERSHIP AND VOTING RIGHTS
13.1 Membership. . . . . . .
13.2 Transfer of Membership.
13.3 Members' Rights.
13.4 Intentionally Blank.
13.5 Voting Rights. ....
13.6 Classes of Voting Membership: Numqer of Votes.
13.6.1 Class A.
13.6.2 Class B.
13.7 Intentionally Blank.
13.8 Approval by Members.
ARTICLE XIV
EASEMENTS . . . . . . . . . .
14.1 Easements Generally. ....
14.1.1 Utility Easements.
14.1.2 Stormwater Easements.
14.1.3 Intentionally Blank.
14.1.4 Wall and Landscape Easements.
14.1.5 Pla~ting and Screening Easements.
14.1.6 Conservation Easements. . . . . .
14.1.7 Intentionally Blank. ......
14.1.8 Construction and Marketing Easements.
14.1.9 Association Easements.
14.1.10 Common Roads and Streets. . .
14.1.11 Intentionally Blank. . . . .
14.1.12 Shoreline Protection Easement
14.1.13 Sidewalk Easements
14.1.14 Community Dock Easement
14.2 Future Easements. . . . . . . .
ARTICLE XV
ARCHITECTURAL AND LANDSCAPE CONTROL . . . . . . . . . .
15.1 Reservation of Architectural and Landscape Control.
. . . . . . . . . . . . . . . . . . .
15.2 Architectural Review Board Established.
15.3 Architectural Review Board Authority
15.4 Architectural Review Board ~pproval.
15.5 Objective Standards.
15.6 Rules and Regulations.
15.7 Subjective Judgment.
15.8 Review. . . . .
15.9 Applications. .
15.10 Procedure.
15.11 Approval.
15.12 Changes..
15.13 Notice of Action.
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15.14
15.15
Developer Action. ...
. .E~c~lpation for Approval ~r'Dis~ppr~v~l'of Plans~6
. . . . . . . . . . . . . . . . . 66
ARTICLE XVI
AMENDMENT
16.1 Amendm~nt bY'D~v~l~p~r:: ...
16.2 Ame~dment by AS$ociation. . . . .
16.3 Manlfe~tation of Re~isite Consent.
16.4 E~f7ctl~eness of Amendments. ...
16.5 Llmltatlons on Amendments. ....
ARTICLE XVII
DURATION . .
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ARTICLE XVIII
ENFORCEMENT
. . . . . . . . . . . .
P~r~ies.Entitled to Enforce. ...
Llmltatlons on Enforcement Rights.
Enforcement by Owners. . .
Attorneys' Fees.
No Waiver. ...
Nuisance. . . . .
Cumulative Rights and Remedies.
Effect of Invalidation. . . . .
Exculpation.
18.1
18.2
18.3
18.4
18.5
18.6
18.7
18.8
18.9
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ARTICLE XIX
MISCELLANEOUS PROVISIONS
19.1 Constructive Notice and Ac~ept~n~e:
19.2 Personal Covenants.
19.3 Governing Law. ..
19.4 Construction. . .. ...
19.5 A:ticle and Section Headin~s:
19.6 S~ngular Includes Plural. Etc.
19.7 Tlme of Essence. .
19.8 Notice. . . . . . . .
i~'ioDevelopm7nt ~nd co~str~cti~n'by Develope~.
. Asslgnment of Developer's Rights and Intere~t~.
. . . . . . . .
19.11 No Warranties. : : : : :
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DECLARATION OF COVENANTS. CONDITIONS. EASEMENTS AND RESTRICTIONS
FOR ST. JOHNS LANDING
THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND
RESTRICTIONS FOR ST. JOHNS LANDING is made and executed this 21
day of Oc.'to~t;-Q. , 19~, by RICHLAND TUSCAWILLA, LTD., a
Florida limited partnership whose mailing address is 4830 West
Kennedy Boulevard, Suite 740, Tampa, Florida 33609 (hereinafter
referred to as the "Developer").
RECITALS
A. Developer is the record owner of fee simple title to
certain real property situate in Seminole County, Florida, which is
more particularly described as follows:
All lands included within and embraced by the
plat of St. Johns Landing, according to the
plat thereof as recorded or to be recorded in
the Public Records of Seminole County,
Florida, which plat shall include the lands
described on Exhibit "A" attached hereto.
(.A.)
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(hereinafter referred to as the "Subject Property"); and
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Property be developed
known as "St. Johns
B. Developer intends that the Subject
as a single family residential community
Landing;" and
C. The Developer desires to ensure that the Subject Property
is subdivided, developed, improved, occupied, used and enjoyed
pursuant to a uniform plan of development; and
D. Developer desires to impose this Declaration upon the
Subject Property, to the effect that the lands within and
comprising St. Johns Landing shall be subj ect to these uniform
covenants, conditions, restrictions, easements and reservations.
NOW, THEREFORE, for and in consideration of the premises
hereof, Developer does hereby declare that the Subject Property
shall be and is hereby encumbered by and made subject to those
covenants, conditions, restrictions, easements and reservations
hereinafter set forth.
ARTICLE I
DEFINITIONS
For purposes of this Declaration, the following terms shall
have the following definitions and meanings:
1.1 "Architectural Review Board" shall mean and be defined as
the committee created and established by and pursuant to this
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Declaration which is responsible for the review and approval of all
plans, specifications and other materials describing or depicting
improvements proposed to be constructed on Residential Property and
also responsible for the administration of those provisions of
Article XV of this Declaration entitled Architectural and Landscape
Control.
1.2 "Assessment" shall mean and be defined as any assessment
of an Owner and a Lot by the Association for Common Expenses and
other items pursuant to, in accordance with and for the purposes
specified in Article X of this Declaration.
1.3 "Association" shall mean and be defined as St. Johns
Landing Community Association, Inc., a corporation not-for-profit
organized and existing under the laws of the State of Florida.
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1.5 "City" shall mean and be defined as the City of Wintm:-
Springs, a political subdivision of the State of Florid~
specifically including each and all of its departments a~
agencies. I
1.4 "Board" shall mean
Directors of the Association.
1.6 "Common E~enses" shall mean and be defined as those
costs and expenses of the Association more particularly identified
and described in Section 10.2 of this Declaration.
1.7 "Common Property" shall mean and be defined as all real
and personal property, rights and interests from time to time owned
or held by the Association for the common use, enj oYment and
benefit of all Owners, including, but not limited to the Community
Dock, the Community Wall, the Common Streets and Roads, the
stormwater management tracts and facilities, the benefits of all
easements shown on the Plat, the benefit of the easements
established by this Declaration or the Plat for any common
facilities that from time to time may be installed on any Lot, and
all easements, if any, granted to or for the benefit of the
Association.
1.8 "Common Streets and Roads" shall mean and be defined as
the rights-of-way of all streets, roads, drives, courts, ways and
cuI de sacs within St. Johns Landing which remain private and are
not dedicated to the public use, as the same are described in and
depicted on the Plat and all paving, curbs, gates and other
improvements, facilities and appurtenances located therein,
including street lights and utility lines, but specifically not
including any potable water, sanitary sewer or other utility lines
that are dedicated to the City.
1.9 "Community Dock" shall mean and be defined as the
communi ty dock, or any replacement thereof, together wi th any
boathouse, walkway, elevated boardwalk, deck, related equipment and
other appurtenances thereto, extending from the southeasterly cuI
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de sac of Torcaso Court over and across Tracts A and C of the
Subj ect Property as identified on the Plat, to and over Lake
Jessup.
1.10 "Community Wall" shall mean and be defined as any wall or
similar structure from time to time situated on the landscape and
wall easements as shown on the Plat, together with any footings,
related equipment, landscaping (including wiring or irrigation
systems) and other appurtenances.
1.12
political
including
1.11 "Construction Plans" shall mean and be defined as the
Construction Plans For St. Johns Landing prepared by Madden
Engineering, Inc. dated July 24, 1996, Job No. 93193, last revised ~J
January 26, 1997, approved by the City of Winter Springs fH1;~
February 10, 1997. ~ UO
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"County" shall mean and be defined as Seminole County,a
subdivision of the State of Florida, specifical~
each and all of its departments and agencies. n
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1.13 "Declaration" shall mean and be defined as thi's
Declaration of Covenants, Conditions, Easements and Restrictiohs
for St. Johns Landing and all amendments thereto and modifications
thereof as are from time to time recorded among the Public Records
of the County.
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1.14 "Design Standards Manual" shall mean and be defined as
that document or those documents that may be adopted, promulgated
and published by the Architectural Review Board, as the same shall
be amended from time to time, setting forth architectural and
landscape design standards, specifications and other criteria to be
used as the standard for determining compliance with this
Declaration and the acceptability of those components of buildings,
structures, landscaping and all other improvements, constructed,
erected, placed or installed upon Residential Property as more
particularly provided in Article XV of this Declaration.
1.15 "Developer" shall mean and be defined as Richland
Tuscawilla, Ltd., a Florida limited partnership, and such other
person(s) to whom the Developer specifically assigns by written
instrument its rights as Developer hereunder as to all or any
portion of the Subject Property, as described in Section 19.10 of
this Declaration.
1.16 "Dock" shall mean and be defined as a dock, - or any
replacement thereof, associated with any Lot, together with any
boathouse, walkway, elevated boardwalk, deck, related equipment and
other appurtenances thereto, other than the Community Dock,
extending from a Lot to and over Lake Jessup.
1.17 "Governmental Regulations" shall mean and be defined as
all applicable laws, statutes, codes, ordinances, rules,
regulations, limitations, restrictions, orders, judgments or other
requirements of any governmental authority having jurisdiction over
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the Subject Property or any Improvements constructed or located
thereon, including, without limitation, those pertaining to
building and zoning.
1.18 "Institutional Lender" shall mean and be defined as and
include (a) any state or federal savings bank, commercial bank or
savings and loan association, any real estate investment trust, any
insurance company, any mortgage banking company, any mortgage
company, any pension and/or profit sharing plan or any other
lending or investing institution, generally and customarily
recognized as being engaged, in the ordinary course of its
business, in making, holding, insuring or guaranteeing first lien
priority real estate mortgage loans and (b) Developer, to the
extent that Developer shall hold a mortgage upon any portion of the:~
Subject Property, and all successors, assigns, assignees andGJ
transferees of Developer who shall own or hold any mortgage u~n~
the Subject Property or any portion thereof which was origina~y~
executed and delivered to and owned and held by Developer. 5
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1.19 "Improvements" shall mean, be defined as and include ~y
buildings, outbuildings, structures, driveways, walkways, swimm~g--
pools, patios, decks, fences, walls, landscaping, and any and ~l-J
other appurtenances, facilities and improvements of any ki~, \.0
nature or description constructed, erected, placed, installed or-J
located on Residential Property and any replacements thereof and
all additions or alterations thereto.
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1. 20 "Lot" shall mean and be defined as a separate single
family residential building site within the Subject Property as the
same is subdivided and described by a number pursuant to and in
accordance with the Plat and shall include any Improvements from
time to time constructed, erected, . placed, installed or located
thereon. The Developer currently plans to plat a total of thirty-
one (31) Lots but is under no obligation, express or implied, to do
so.
1.21 "Member" shall mean and be defined as all members of the
Association and shall include all Owners
1.22 "Owner" shall mean and be defined as one or more persons
or entities who or which are, alone or collectively, the record
owner of fee simple title to any Lot, parcel, piece or tract of
land within St. Johns Landing, including Developer and its
successors and assigns, but excluding those having an interest in
any such Lot merely as security for the paYment of a debt of the
performance of an obligation.
1.23 "Plat" shall mean and be defined as any of the plats of
the Subject Property, as recorded or to be recorded in the Public
Records of the County.
1.24 "Residential Property" shall mean and be defined as all
of the Lots.
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1.25 "St. Johns Landing" and "St. Johns Landing Community"
shall mean and be defined as St. Johns Landing, the single family
residential community planned for and developed on the Subject
Property as reflected on the Plat recorded or to be recorded in the
Official Records of the County, including all Residential Property
and Common Property.
1.26 "SJRWMD" shall mean the St. Johns River Water Management
District.
1.27 "Stormwater Management System" means a system including,
but not limited to, roadway and rear-yard under-drains, and
stormwater drainage, detention and retention facilities, all as
depicted in the Construction Plans, which is designed and
constructed or implemented to control discharges which are
necessitated by rainfall events, and incorporating methods Sf>
collect, convey, store, absorb, inhibit, treat, use or reuse watf
to prevent or reduce flooding, over drainage, environment
degradation, and water pollution or otherwise affect the quanti
and quality of discharges from the system, as permitted pursuant .
Chapters 40C-4, 40C-40, or 40C-42, F.A.C. n
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1.28 "Subject Property" shall mean all lands included withm
and embraced by the plat of St. Johns Landing, according to the
plat thereof as recorded or to be recorded in the Public Records of
Seminole County, Florida, which plat shall include the lands
described in Exhibit "A" attached hereto, together with any
additional lands to which the Developer may subsequently extend
this Declaration as contemplated in Section 4.2.
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ARTICLE II
OBJECTS AND PURPOSES
The covenants, conditions, restrictions, easements and
reservations set forth in this Declaration are hereby imposed upon
the Subject Property for the following objects and purposes:
(a) To establish St. Johns Landing as a premier single
family residential community in Central Florida;
(b) To create, develop, foster, maintain, preserve and
protect within St. Johns Landing a unique, pleasant, attractive and
harmonious physical environment which will contribute to and
enhance the quality of life for all residents of and visitors to
St. Johns Landing;
(c) To ensure that the development of St. Johns Landing
will proceed pursuant to a uniform plan of development with
consistently high architectural, environmental, ecological and
aesthetic standards;
(d) To ensure the proper and appropriate subdivision,
development, improvement, occupation, use and enjoYment of each
Lot, piece, parcel or tract of land within St. Johns Landing;
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(e) To protect each Lot, piece, parcel or tract of land
within St. Johns Landing against the improper, undesirable,
unattractive, or inappropriate subdivision, development,
improvement, occupation, use and enjoyment of contiguous, adjacent
or neighboring Lots, pieces, parcels or tracts of land;
(f) To encourage the development, construction,
maintenance and preservation of architecturally and aesthetically
attractive and harmonious Improvements appropriately designed for,
and properly located on, each Lot, piece, parcel or tract of land
within St. Johns Landing;
(g) To guard against the development and construction of
improper, undesirable, unattractive or inappropriate Improvements
and the use of improper, undesirable, unsuitable or unsightly
materials; ~
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(h) To provide for the future ownership, managemen~
administration, improvement, care, maintenance, use, regulatioQ7
preservation and protection of all Common Property within St. JohrlY
Landing and to provide for and assure the availability of the fun~
required therefor;
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(i) To provide for the establishment, maintenance,
preservation, protection and enhancement of consistently high
property values within St. Johns Landing;
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(j) To accomplish, meet, satisfy and fulfill certain
Governmental Regulations and other governmental requirements;
(k) To provide Developer with effective control over the
development, management, administration, care, maintenance, use,
appearance, marketing and sale of, and the construction of
Improvements upon, the Subject Property for so long as Developer
shall own portions of the Subject Property; and
(1) In general, to provide for the development,
creation, operation and preservation upon the Subject Property of
an exclusive single family community of the highest quality and
order and to establish through this Declaration a procedure to
ensure accomplishment of the foregoing objectives and purposes.
ARTICLE III
EFFECT OF DECLARATION
3.1 Covenants Running with Land. This Declaration and each
and everyone of the covenants, conditions, easements, restrictions
and reservations contained herein are hereby declared to be and
shall hereafter continue as, covenants running with title to the
Subject Property upon which the same are hereby imposed as an
encumbrance.
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3.2 Property Affected. This Declaration and the covenants,
conditions, restrictions, easements and reservations set forth
herein shall be binding upon, inure to the benefit of and
constitute a burden upon all of the Subject Property in accordance
with the terms set forth herein. Accordingly, as more particularly
specified in this Declaration, all Lots, pieces, parcels and tracts
of land within the Subject Property shall hereafter be owned, held,
transferred, sold, conveyed, demised, devised, assigned, leased,
mortgaged, occupied, used and enjoyed subject to and benefitted and
burdened by the terms and provisions of this Declaration and each
of the covenants, conditions, restrictions, easements and
reservations contained herein.
3.3 Parties Affected. Except as hereinafter specifically
provi~ed, this Declaration shall be binding upon and inure to the,~
benef1t of all Owners of the property affected and encumbered by~
this Declaration, including Developer and the Association, and ~l~
other persons having or claiming any right, title or interest ~nl~
such property. Accordingly, each and every person or party who~r
which shall hereafter acquire, 'have or claim any right, title ~r
interest in and to any Lot, piece, parcel or tract of land wit~n
the Subject Property, whether by, through or under Developer or ~y--
subsequent Owner, shall, by virtue of the acceptance of any s~hOO
right, title, interest or claim, whether by deed or otfier~
instrument, or by operation of law or otherwise, and whetherO
voluntarily or involuntarily, be deemed to have acquired and
accepted such right, title, interest or claim in or to any such
Lot, piece, parcel or tract of the Subject Property subject to and
benefitted and burdened by the covenants, conditions, restrictions,
easements and reservations set forth in this Declaration the same
as if such person or party had specifically joined in and agreed
and consented to each and every one of the terms and provisions of
this Declaration and the same as if each and everyone of the
covenants, conditions, easements, restrictions and reservations set
forth in this Declaration had been fully set forth in the deed or
other instrument of conveyance pursuant to which such right, title,
interest or claim was acquired.
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ARTICLE IV
PROPERTY SUBJECT TO DECLARATION
4.1 Subject Property. The property which shall be subject
to, and encumbered, governed, benefitted and burdened by this
Declaration shall be all of the Subject Property as the same is
herein defined and described.
4.2 Addition of Property. Developer hereby reserves to
itself and shall hereafter have the right, but not the obligation,
at any time and from time to time, in its sole and absolute
discretion, and without notice to or the approval of any party or
person whomsoever or whatsoever, to impose this Declaration upon
additional property adjacent or contiguous, notwithstanding any
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right of way, to the Subject Property which is now or may hereafter
be owned by Developer, by the filing of an appropriate instrument
to that effect among the Public Records of the County.
ARTICLE V
USE CLASSIFICATIONS
5.1 Residential Property. Residential Property shall include
each Lot.
5.2 CQmmon Property. Common Property shall include all re~
and personal property, or interests therein, from time to ti~
owned by the Association, and tracts of land, if any, shown on th!
Plat as owned or to be owned by the Association, for the comm~
use, enjoyment and benefit of all Owners, including, but n~
limited to, the Community Wall, the Community Dock, the CommoA
Streets and Roads, the benefit of all easements shown on the Plat?
the stormwater management tracts, and the benefit of all easement~
established by this Declaration. ~
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ARTICLE VI
PERMITTED USES
6.1 Residential Property. Except as hereinafter provided in
Subsection 14.1.8 of this Declaration, Residential Property shall
be improved as and used, occupied and enjoyed solely and
exclusively for single family residential dwelling purposes and no
other uses or purposes whatsoever.
* 6.2 Common Property. Common Property shall be improved,
maintained, used, and enjoyed for the common recreation, health,
safety, welfare, benefit and convenience of all Owners and
residents of St. Johns Landing and their guests and invitees.
ARTICLE VII
USE RESTRICTIONS - RESIDENTIAL PROPERTY
The use, occupation and enjoyment of Residential Property shall
be subject to and governed by the following covenants, conditions
and restrictions:
7.1 Single Family Only. Except as specifically provided in
Subsection 14.1.8 of this Declaration, no use shall be made of
Residential Property other than for single family residential
dwelling purposes.
7.2 Ownership and Leasing. Ownership of Residential Property
shall be for single family residential dwelling purposes only.
Accordingly, Residential Property may not be rented or leased for
any single period of less than twelve (12) months. No "time-share
plan", as that term is defined in Section 721.05, Florida Statutes,
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or any similar plan of fragmented or interval ownership of
Residential Property shall be permitted.
7.3 Subdivision. No Lot shall be subdivided nor shall any
portion of a Lot less than the whole thereof be sold, conveyed or
transferred without the prior written approval and consent of the
Developer. Nothing herein contained, however, shall prevent the
subdivision of a Lot by Developer in such manner that any portion
of a Lot may be sold, transferred and conveyed by Developer,
together with the whole of an adjacent or contiguous Lot such that
the whole of one Lot and a portion of another Lot which are owned
in common by the same Owner may be combined, developed and improved
by such Owner as a single unified home site. Once so combined, .~
developed and improved as a single unified residential home site 00 ~
such combination of a Lot and a portion of another Lot ~ l~
combination of two (2) or more Lots shall thereafter be r:z- N
subdivided into more than one (1) single family residential home
site. In the event of any such conveyance and combination, the
grantee from the Developer shall cause to be submitted En
application to modify or re-plat the lots affected by suCh 00
conveyance and combination. ~ ~
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7.4 Commercial Activity. Except for (i) the permitted
activities specifically provided in Subsection 14.1.8 of this
Declaration, and (ii) the use of a room or rooms within a residence
as an in-home office, no business, commercial, industrial, trade,
professional or other non-residential activity or use of any
nature, type, kind or description shall be conducted upon or from
Residential Property or within any Improvements located or
constructed thereon. The use of any residence must be primarily
that of residential and, accordingly, any in-home office must be
secondary to the residential use. No signs of any type advertising
or describing in any way the in-home office use or business are
permitted to be placed anywhere within the Lot or within or upon
the residence. The activities or business conducted at the in-home
office shall not be such as to generate traffic by customers,
vendors or the like, through St. Johns Landing or to the residence.
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7.5 Offensive Activity. No illegal, noxious, unsightly or
offensive activity shall be carried on or conducted, upon or from
Residential Property nor shall anything be done thereon which may
be or tend to become or cause an unreasonable annoyance or
nuisance, whether public or private, to residents in the immediate
vicinity or to the St. Johns Landing Community in general or which
may be or tend to become an interference with the comfortable and
quiet use, occupation or enjoYment of any other Residential
Property.
7.6 Animals and Pets. No reptiles, livestock, poultry or
animals of any kind, nature or description shall be kept, bred or
raised upon Residential Property, except for dogs, cats, birds or
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other usual and customary household pets, provided that the same
are not kept, raised or maintained thereon for business or
commercial purposes or in number deemed unreasonable by Developer
or the Association, in the exercise of their reasonable discretion.
Numbers in excess of two (2) of each such type of household pet
(other than aquarium kept fish) shall prima facia be considered
unreasonable. Notwithstanding the foregoing provisions of this
Section 7.6 permitting dogs, cats, birds or other usual and
customary household pets, however, no such reptiles, animals, birds
or other pets may be kept, raised or maintained on Residential
Property under circumstances which, in the good faith judgment of
Developer or the Association, shall constitute an unreasonable
annoyance, hazard, or nuisance to residents in the vicinity or an
unreasonable interference with the comfortable and quiet us~
occupation and enjoYment of other Residential Property. ~
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7.7 Commercial and Recreational Vehicles. I
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(a) No truck, bus, trailer or other "commercial vehicleg
(as that term is hereinafter defined) and no mobile home, moto~
home, house trailer, camper, van, boat, boat trailer, horse trailer-
or other recreational vehicle or the like shall be permitted to be
parked or stored on Residential Property unless the same shall be
parked or stored entirely within and fully enclosed by a garage;
nor shall any such commercial or recreational vehicle or the like
be permitted to be parked or stored on any street within the
Subject Property. Notwithstanding the foregoing, however, it is
expressly provided that commercial vehicles shall be permitted to
be parked on or in front of (but not adjacent to) Residential
Property on which bona fide ongoing construction activity is taking
place; nor shall the foregoing provisions of this Subsection (a)
apply to parking on "a temporary or short-term basis" (as that term
is hereinafter defined) .
(b) No passenger automobile, commercial, recreational or
other motorized vehicle, or the like, shall be dismantled,
abandoned, serviced, rebuilt, repaired, or repainted on Residential
Property. Neither shall any such automobile or vehicle be parked
or stored on Residential Property. Notwithstanding the foregoing
provisions of this Subsection (b), however, it is expressly
provided that the foregoing restriction shall not be deemed to
prevent or prohibit those activities normally associated with and
incident to the day-to-day maintenance, washing, waxing and
polishing of such vehicles.
(c) No motorcycle, motor scooter, moped, ATV (all
terrain vehicle) or other two-wheeled, three-wheeled or four-
wheeled motorized vehicle, or the like, shall be permitted to be
parked or stored on Residential Property unless the" same shall be
parked or stored entirely within and fully enclosed by a garage.
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(d) In the context of this Section 7.7, parking on "a
temporary or short-term basis" shall mean and be defined as parking
for a continuous period not exceeding twenty-four (24) hours in
duration. Parking on "a temporary or short term basis" is
permitted only for (i) recreational vehicles belonging to overnight
guests of Owners, (ii) commercial vehicles used in connection with
the furnishing of services and/or the routine pick-up and delivery
respectively, of materials from and to Residential Property
(including those commercial vehicles used in connection with a bona
fide current on-going construction of Improvements on Residential
Property), and (iii) commercial or recreational vehicles belonging
to or being used by Owners for loading and unloading purposes only.
Notwithstanding anything contained herein to the contrary, parking
on "a temporary or short-term basis" is prohibited from occurring _'.;.)
as to any Lot more frequently than three (3) times in each calend~~r ~
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"commercial vehicle" shall mean and be defined as a truck, motm:-
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displayed on any part thereof advertising any kind of business ~
on or within which any commercial materials and/or tools a~ CO
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(f) The Developer and the Association shall, subject to
reasonable approval by the City, each be entitled and is hereby
empowered to adopt additional reasonable rules and regulations
governing the admission to and parking, use and storage of
commercial and recreational vehicles within St. Johns Landing, and
if so adopted the same shall be binding upon all Residential
Property and all Owners and their guests and invitees.
(g) Any commercial, recreational, or other vehicle
parked or stored in violation of these restrictions or in violation
of any rule and regulation adopted by the Association concerning
the same may be towed away or otherwise removed by or at the
request of the Association and at the sole expense of the Owner of
the Lot upon which is parked any such commercial, recreational or
other vehicle in violation of these restrictions or such rules and
regulations. In the event of such towing or other removal, the
Association and its employees or agents shall not be liable or
responsible to the owner of such vehicle for trespass, conversion,
or damage incurred as an incident to or for the cost of such
removal or otherwise; nor shall the Association, its employees or
agents be guilty of any criminal act or have any civil liability by
reason of such towing or removal, and neither its towing or removal
nor the failure of the owner of the towed or removed vehicle to
receive any notice of the violation of the provisions of this
Section 7.7 shall be grounds for relief of any kind.
7.8 Maintenance. Each Lot and all Improvements, including
landscaping, located thereon shall at all times be kept and
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maintained in a safe, clean, wholesome and attractive condition
shall not be allowed to deteriorate, fall into disrepair or become
unsafe or unsightly. In particular, no weeds, underbrush or other
unsightly growth and no trash, rubbish, refuse, debris or unsightly
objects of any kind shall be permitted or allowed to accumulate on
Residential Property. Enforcement of the provisions of this
Section 7.8 shall be in accordance with the provisions of Section
7.21 of this Declaration and such other provisions of this
Declaration as shall be applicable to its enforcement generally.
7.9 Reconstruction of Damaged Improvements. In the event
that a residential dwelling or other Improvements on Residential
Property shall be damaged or destroyed by casualty, hazard or other
cause, including fire or windstorm, then, within a reasonable
period, not exceeding three (3) months following the occurrence ~
the offending incident, the Owner of the affected Residentii
Property shall cause the damaged or destroyed Improvements to
repaired, rebuilt or reconstructed or to be removed and clear
from such Residential Property. Any such repair, rebuilding ~
reconstruction shall be approved and accomplished as otherwi~
required pursuant to the provisions of this Declaratio@.
Enforcement of the provisions of this Section 7.9 shall be n
accordance with the provisions of Section 7.21 of this Declaratibn
and such other provisions of this Declaration as shall be
applicable to its enforcement generally.
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7.10 Garbage and Garbage Containers. All garbage and trash
containers and their storage areas and the like shall be kept
within a garage or placed inside of an enclosure approved by the
Architectural Review Board or behind opaque walls attached to and
made a part of the single family residential dwelling constructed
on each Lot and otherwise in conformity with applicable rules and
regulations. In no event shall any of the same be visible from any
adj acent or neighboring property including all of the Common
Streets and Roads. Further, all garbage and trash containers and
their storage areas shall be designed and maintained so as to
prevent animals from gaining access thereto. All such containers
shall be put out for pickup or removal, and shall be removed from
the street and placed back in their storage areas the night of such
pickup or removal.
7.11 Burning. No burning of leaves, trash, rubbish, garbage
or other waste materials of any type shall be permitted or
conducted on Residential Property. Nothing herein contained,
however, shall be deemed to prohibit the burning of wood, logs or
charcoal in properly constructed or installed fireplaces, barbecue
cookers or the like, whether inside or outside of any building or
other structure located on Residential Property.
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7.12 Storage Tanks. No storage tanks, including but not
limited to, those for water, oil, propane gas or other liquid,
fuels or chemicals, including those used for swimming pools or the
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~ like, shall be permitted outside of a building on Residential
~roperty unless the same shall be placed inside of walls, fences or
similar type enclosures in conformity with applicable rules and
regulations. In no event shall any of the same be visible from any
adjacent or neighboring property.
7.13 Mineral E~loitation. No exploration, mining,
quarrying, or drilling for or exploitation of gas, oil, phosphate
or other minerals may be conducted on Residential Property.
7.14 Laundry and Clothes Drying. No laundry or clothes
drying lines or areas shall be permitted outside of any building on
Residential Property unless the same shall be placed inside of
walls, fences, landscaping screens or similar type enclosures in
conformity with applicable rules and regulations adopted and
promulgated by the Association with respect thereto. In no event
shall any of the same be permitted if visible from any adjacent o~
neighboring property. ~
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7.15 Radio Transmission Equipment. No radio, microwave cif
other electronic transmission equipment, including ham radios::;
citizens band radios, walkie talkies and the like, shall be
operated on Residential Property without the prior written conse~
of the Association, and such consent, once given,' may be revoked l:fY
the Association in the event that the operation of any such
equipment interferes with ordinary radio, telephone or television
reception or equipment, including the St. Johns Landing central
cable television and gate control systems.
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shall be displayed to public view on Residential Property without
the prior written consent of the Architectural Review Boardi except
as follows, to wit: (a) one (1) discreet professionally prepared
sign not exceeding four (4) inches high and eighteen (18) inches
long identifying the name of the Owner and/or construction lender
of a particular Lot, and (b) one (1) discreet professionally
prepared sign of not more than five (5) square feet placed on the
street side of a Lot identifying the architect and general
contractor responsible , respectively, for the design and
construction of a dwelling under construction on a particular Loti
provided, however, that such sign is first approved in writing by
Developer, and (c) one (1) discreet professionally prepared "for
sale" sign of not more than five (5) square feet placed on the
street side of a Loti provided, however, that such sign is first
approved in writing by the Architectural Review Board.
Notwithstanding the foregoing provisions of this Section 7.16,
Developer specifically reserves for itself and its agents,
employees, nominees and assigns the right, privilege and easement
to construct, place and maintain upon Residential Property signs as
it deems appropriate in connection with the development,
improvement, construction, marketing and sale of any Residential
Property. Except as hereinabove provided, no signs or advertising
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materials displaying the names or otherwise advertising the
identity of contractors, subcontractors, real estate brokers or the
like employed in connection with the construction, installation,
alteration or other improvement upon or the sale or leasing of
Residential Property shall be permitted.
7.17 Trees. No trees shall be removed from any Lot without
the prior written consent of the Architectural Review Board;
provided, however that such removal shall be in compliance with
Governmental Regulations. Such approval shall be reasonably given,
however, if such removal is necessary in connection with the
location of the main residential dwelling on a particular Lot where
the preservation of any tree would work a hardship or require
extraordinary design measures in connection with the location of
such dwelling on the Lot and where the plans and specifications for~
and location of the dwelling on the Lot have been approved by the~
Architectural Review Board as provided in Article XV hereof. Asz
used herein the term "tree" shall mean and be defined as anyo
living, self-supporting perennial plant which has a trunk diameter~
of at least three (3) inches measured at D.B.H. (at the base of thee-)
tree) and normally grows to a minimum height of fifteen (15) feet.?
Any tree (s) removed in violation of this provision shall be ~
immediately replaced with a tree of similar size and type.
~ 7.18 Drainage. All stormwater from any Lot shall drain into
or onto contiguous or adjacent street rights-of-way, drainage
easements, or retention areas. Stormwater from any Lot shall not
be permitted or allowed to drain or flow unnaturally onto, over,
under, across or under any contiguous or adjacent Lot unless a
drainage easement shall exist for same and same is done in
accordance with any and all applicable governmental permits and
approvals. All work done on any Lot affecting or pertaining to the
Lot grade, original drainage plan, the flow of surface water
drainage, the alteration or removal of any drainage or
environmental berm or swale or any storm berm or swale, must be in
accordance with the Construction Plans and site grading and
drainage plans for the Lot approved by the City and the SJRWMD.
7.19 Pesticides. Herbicides and Fertilizers. No pesticides,
insecticides, fungicides, herbicides, fertilizers or other
deleterious substances shall be applied to the area below the top
of the berm nearest the shore of any lakefront Lot or Residential
Property.
7.20 Rules and Regulations. In addition to the foregoing
restrictions on the use of Residential Property, the Association
shall have the right, power and authority, subject to the prior
written consent and approval of Developer, to promulgate and impose
reasonable rules and regulations governing and/or restricting the
use of Residential Property and to thereafter change, modify,
al ter, amend, rescind and augment any of the same; provided,
however, that no rules or regulations so promulgated shall be in
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conflict with the provisions of this Declaration. Any such rules
and regulations so promulgated, by the Association shall be
applicable to and binding upon all Residential Property and the
Owners thereof and their successors and assigns, as well as all
guests or invitees of and all parties claiming by, through or under
such Owners.
7.21 Enforcement. In the event of a violation of or failure
to comply with the foregoing requirements of this Article VII and
the failure of the Owner of the affected Lot, within fourteen (14)
days following written notice by the Association of such violation
or non-compliance and the nature thereof, to cure or remedy such
violation, then the Association or its duly appointed employees,
agents or contractors, shall have and are specifically granted an
easement and license, at the Association's option, to enter upon
the affected Lot or any portion or portions thereof or Improvemen~
thereon, without being guilty of any trespass therefor, for t~
purpose of undertaking such acts or actions as may be reasonabl~
necessary to cure or eliminate such violation; all at the sole co~
and expense of the Owner of the affected Lot. Such costs an .
expenses, together with an overhead expense to the Association .
fifteen percent (15%) of the total amount thereof shall be assesse~
by the Association as an Individual Lot Assessment and shall be
payable by the Owner of the affected Lot to the Association within
ten (10) days after written notice of the amount thereof. Any such
Individual Assessment not paid within said ten (10) day period
shall become a lien on the affected Lot in accordance with the
provisions of Section 10.5 of this Declaration.
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7.22 Precedence Over Less Stringent Governmental Regulations.
In those instances where the covenants, conditions and restrictions
set forth in this Article VII set or establish minimum standards or
limitations or restrictions on use in excess of Governmental
Regulations, the covenants, conditions and restrictions set forth
in this Article VII shall take precedence and prevail over such
less stringent Governmental Regulations. Conversely, in those
instances where Governmental Regulations set or establish minimum
standards or limitations or restrictions on use in excess of the
covenants, conditions and restrictions set forth in this Article
VII, the Governmental Regulations shall take precedence and prevail
over the less stringent, covenants, conditions and restrictions set
forth in this Article VII.
ARTICLE VIII
BUILDING ~WRICTIONB<... RESIDENTIAL PROPERTY
The erection, placement, construction, repair, replacement and
installation of all Improvements on Residential Property shall be
subject to and governed by the following covenants, conditions,
restrictions and reservations:
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~8.1 Building Type. As the use of Residential Property is
limited to sinqle family residential dwelling purposes only, no
building or structure other than one (1) single family residence or
dwelling and its related appurtenances facilities and Improvements
shall be placed, located, erected, constructed or installed or
permitted to remain on Residential Property.
~ 8.2 Approved Plans. All Improvements must be constructed in
accordance with detailed plans and specifications prepared in
conformance with all applicable Governmental Regulations and
approved by the Architectural Review Board prior to the
commencement of construction as more particularly provided in
Article XV of this Declaration.
__ 8.3 Governmental Regulations. All Improvements placed,
located, erected, constructed and installed upon Residential
Property shall conform to and comply with all applicab~
Governmental Regulations, including, without limitation, ald
building and zoning regulations of the City, particularly thoiQ
applicable to the Tuscawilla PUD. ~
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8 . 4 Design Standards Manual. All Improvements shall ~
placed, located, erected, constructed, installed and maintained 6H
Residential Property in conformance with the Design Standard"s
Manual for which provision is made in Article XV of this
Declaration as the same may be changed, amended or modified from
time to time.
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8.5 Construction. The construction of all residential
dwellings and other Improvements on Residential Property must be
performed by such builders, general contractors and subcontractors
as are (a) licensed in the State-Df Florida and the City to enqaqe
in the bus1ness of residential building and construction and (b)
approved in writing by Developer as being qualified and otherWise
acceptable to Developer to perform construction work within St.
Johns Landing. The latter approval shall be within the sole and
absolute discretion of Developer.
8.6 Construction Time. Unless and otherwise approved by the
Architectural Review Board in writing, construction of residential
dwelling and other Improvements must be commenced not later than
six (6) months from the date that the Architectural Review Board
issues its written approval of the final plans and specifications
therefor. If construction does not commence within such six (6)
month period the plans and specit1cations for any propose~
construction must once again be reviewed and approved by the
Architectural Review Board in accordance with the provisions of
Article XV of this Declaration and any prior approval of the same
by the Architectural Review Board shall no longer be binding on the
Architectural Review Board. Upon commencement of construction,
such construction shall be prosecuted diligently, continuously and
without interruption to completion within a reasonable time; but in
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no event more than one (1) year from the date of the commencement
of such construction, however, the Architectural Review Board shall
have the power and authority to extend the period permitted for
construction, as aforesaid; provided that the Owner and general
contractor involved make written application for such extension
stating the reasons for the requested extension of time and
provided further that the Architectural Review Board, in the
exercise of its reasonable discretion, determines that the request
is reasonable and the extension is warranted.
8.7 H~ight Limitation. No Improvement on Residential
Property shall exceed thirty-five (35) feet in height, from the
finished grade to the roof peak at its hignest point, except as
expressly permitted by the Architectural Review Board. Each ~
residential dwelling on a Lot shall consist of not more than two .~
(2) full stories (not including basement) unless otherwise appro~ ,~
in writing by the Architectural Review Board. z ~
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8 . 8r~J.ng Setback Lines. N<;> part of any building shall be
constructeCf";" erected, placed or lnstalled any closer to the
property boundary lines of Residential Property than as follows, Po CO
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8.8.1 ~. No closer than twenty (20) feet to the
f.":;-qq!;~...x?~d{ (street.. ...S.i.d.....e..).... p... r.operty boundary lin~; twenty-five
~.'ftf'f!'ft~to the ~.~~~:,~~~d propert,y boundary llne; and seven
and one-half (7. 5J'''';~~'~>\'2,to the slde yard property boundary
lines on interior lots.
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8.8.2 ~er)~t;s'A Notwithstanding the side yard
building setback lines established elsewhere in this Section
8.8, the side yard building setback line on the side yard of
corner lots (i.e., on the street side of a Lot which is not the
front of the residential dwelling constructed thereon) shall be
fifteen (15) feet to the side yard property lines on the
side(s) of the property adjacent to street rights of way.
8.8.3 Lakefront Lots. Notwithstanding the foregoing
provisions of this Section 8.8, in the case of all lakefront
Lots, the rear yard building setbaGk line shall be twenty-five
(25) feet from the westerly edge of the Conservation Easement
(established at Subsection 14.1.6) as existing on such Lot.
8.8.4 Exclusions. Those Improvements specified in
Section 8.9 below shall be excluded from the building setback
lines established in this Section 8.8.
8.9 Other Setback Lines. Improvements other than the main
residential dwelling on a Lot shall be placed, located, erected,
constructed or installed no closer to the property boundary lines
of Residential Property, by type of Improvement, than as follows:
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8.9.1 qWimm;P51. . J?c>~~,$. No clo~er tl1~p., the ot1;e~wise
established s<,,\\~J.ldJ.ng setback lJ.ned1U1f' an addJ.tJ.onal
five (5) feet .cIno'dIoser than fifteen (1~ to any rear
yard property boundary line from the pool water's edge; except
in the case of swimming pools constructed on lakefront Lots
which must be constructed no closer than tw~nty-one (21) feet
from the westerly edge of the Conservation Easement
(established at Subsection 14.1.6) as existing on such Lot. No
swimming pools shall be constructed in front or side yards, and
no swimming pools may be constructed within areas designated as
being subject to the Stormwater Easements established at.
Subsection 14.1.2. :~
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8 . 9 . 2 Swimming Pool Decks. Patios and Enclosur~s) 110 N
swimming pool deck or patio, whether constructed of concret~, I
cool deck, aggregate wood or any other material, and II'I'O
s.w. i..m.. m. ing p..o.. 01. enclo..s......ur...e. ' . Sh. a. 1..1... be constructed nearer than ~t
qq.L.~+..!.~t:~ to." :r;:~~~;t'oper~y ~ine or neare~ than . -
o~~~' ea""'i1'a'B""yard bUJ.ldJ.ngsetback lJ.ne to a~ CO
side yard property line, except in the case of such Q.eck'S, -
patios or enclosures constructed on lakefr<;?Jlt;'i,~pt;~which may -
not be constructed any closer than sixteen '(16) feet from the
westerly edge of the Conservation Easement. No such deck,
patio or enclosure may be constructed within areas designated
as being subject to the Stormwater Easements established at
Subsection 14.1.2.
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8.9.3 Outbuildin9s and Accesso~ Structures. All out
~.b.. .uJ..: .ld~ng.s.. a.n...t.d....b. a.. ..c., ~....e...Jff ry. strtuhct!u~.~.::"'.J.~..."'...' ~/t1.li~~'~;~I_i'.j,,\;1;~,.f:~
U " . ". s.e aCI')'':i:' S 0 erwl;a.: ..' a ;'1Ts ea'~or" \.one maJ.n
.,.,.... ", 'a!"~'a'wr~~ on any Lot unless otherwise approved in
writing by the Architectural Review Board. No such outbuilding
or accessory structure shall exceed twelve (12) feet in height,
measured from ground level, nor have an area in excess of two
hundred fo;rty~~) square feet., No more than a tota~ of, two
(2) outbuJ.ldJ.ngs or accessory structures, or cornbJ.natJ.ons
thereof, shall be located on any Lot and no such outbuilding or
accessory structure may be utilized as living quarters.
8.9.4 Desi9n Standards Manual. All other
Improvements on Residential Property shall be set back from
property boundary lines, as specified in the Design Standards
Manual if one is in existence, otherwise as specified by the
Association.
8.10 Intentionally Blank.
8.11 Dwellin9 Size. Each single family residential dwelling
constructed on Residential Property shall ha~~ "U,m heated and
cooled living area of twenty-five hundred €C' "6~t:$f;~,~~1
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8.12 Temporary Improvements. No buildings, structures
improvements or other facilities of a temporary nature, including
trailers, tents or shacks shall be permitted on Residential
Property; provided, however, that temporary improvements or
facilities used solely in connection with and during the period of
the construction of approved permanent Improvements may be
permitted by the Architectural Review Board, in its discretion,
during the period of the construction of such permanent
Improvements so long as the same have been properly permitted by
applicable governmental authorities, are located as inconspicuouslyvJ
as possible, are removed immediately following the completion ~f~
such construction, and are not utilized as living quarters. ~e~
location of such temporary improvements during construction sh~l~
be approved in writing by the Architectural Review Board. ~
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8.13 Garages and Carports. No carports shall be placeO,
erected, constructed, installed or maintained on Residenti~l 00
Property. Each single family residential dwelling constructed ~__
maintained on Residential Property shall have an attached garage as ~
an appurtenance thereto. All garages shall be for not less than
tWO...(2).s~andard sized passenger automobiles. Garages for more
than"tn~e't~t""""3T "automobiles must be specifically approved by the
Archi tectural Review Board. Each garage shall have a minimum
width, as measured from inside walls, of ten (10) feet per car and
a minimum depth for each car of twenty-one (21) feet. Garages may
also contain appropriately sized storage rooms, recreational
workshopsa~~,t901 ro,Om~ J:iS . approved by.~..p.~.f\;::S,B~!~i~~.~;H:F:~!;l. .,R~:Ki~~;,
~~~I~~ ~~,~n~~~~c~~~eI~:~~~~g ~;0~i~~~~an~~lDY9;~:g~Ch~~:~iur~~
designed, erected, constructed, installed or maintained as side
entry/load in such manner that the garage doors thereof shall not
face any street or the front of any residence. All garages must
have garage doors that are operated by electric door openers kept
in operable condition and all garage doors shall remain closed at
all times; save and except for the temporary opening of same in
connection with the ingress and egress of vehicles and the loading
or placement and unloading or removal of other items customarily
kept or stored therein. No garage shall be converted to another
use (e.g., living space) without the substitution, on the Lot
involved, of another garage meeting the requirements of this
Section 8.13 of this Declaration and the approval of the
Architectural Review Board as otherwise provided in this
Declaration. Notwithstanding the foregoing provisions of this
Section 8.13, because of the peculiarities of the size, shape,
configuration, location and other physical characteristics of many
Lots within St. Johns Landing, it may be impossible or impractical
to design, erect, construct, install or maintain garages in such
manner that the garage doors thereof do not face and are not
visible from any street or the front of any residence.
Accordingly, it is expressly provided that Developer without the
consent of the Architectural Review Board, or the Architectural
Review Board only with the consent of Developer, in their sole and
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absolute discretion, shall be entitled, and are hereby authorized,
to grant waivers of and/or variances from such restriction in any
particular instance and with respect to any particular Lot or
Improvement. To the extent that any such waiver and/or variance is
granted by the Developer and/or the Architectural Review Board, as
aforesaid, the same shall not be deemed to be a precedent for the
granting of such or any similar waiver or variance in any other
particular instance or with respect to any other particular Lot or
Improvement.
8.14 Curb Cuts. Vehicular access to each Lot on Residential
Property shall be through or over such driveway or driveways and
curb cut or curb cuts as shall be approved by the Architectur~
Review Board prior to construction. The location, size and ang~
of the approach of all driveways and curb cuts shall be subject ~
the approval of the Architectural Review Board. t
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8.15 Driveways. All driveways, turnarounds and parking are~
on Residential Property shall have a concrete base and shall ~
paved or finished with a hard dust-free material approved by tHe
Architectural Review Board or otherwise specified in the Design
Standards Manual. Each driveway shall extend the entire distance
from the garage door to the paved portion of the street or roadway
in front of or adj acent to the Lot on which such driveway is
constructed.
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8.16 Roofs. The roofs of the main body of all buildings and
other structures on Residential Property, including the principal
residence, shall be pitched. No flat roofs shall be permitted
without the approval of Developer and the Architectural Review
Board. Developer and Architectural Review Board may, in their
discretion, approve flat roofs on part of the main body of a
building if architecturally compatible with the remainder of the
roof structure, the particular building on which it is to be
constructed and all adjacent residences and other structures. The
pitch of all roofs shall be not less than six inches (6") in twelve
inches (12") (6/12 vertical/horizontal) or as otherwise specified
in the Design Standards Manual. All roofs shall be constructed of
clay, tile, cement tile, slate, standing seam copper, cedar shake
shingle, 30-year architectural dimensional shingle or other
materials specified in the Design Standards Manual or otherwise
approved by the Architectural Review Board. All roof colors must
be approved by the Architectural Review Board. No pure white, pure
black or pure primary colored roofs shall be permitted.
8.17 Roof Structures. No antennas, windmills, appliances,
rooftop attic ventilators, fans, solar collector panels or other
rooftop installations or structure of any type shall be placed,
located, erected, constructed, installed or maintained upon the
exterior roof of any building or structure on Residential Property
unless the same shall first be approved in writing by the
Architectural Review Board and shall otherwise be erected,
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constructed, installed and maintained on the rear yard side of the
roof or otherwise in such manner and at such location that the same
shall not be visible from any street or neighboring residences.
8.18 Antennas. Etc. No antennas, aerials, discs, dishes or
other devices for the transmission or reception of radio or
television signals or any other form of electromagnetic radiation
or communication, except for mini-dishes less than twenty-four
inches (24") in diameter, shall be erected, constructed, installed,
used or maintained outside of any building or structure on ~
Residential Property whether or not the same is attached to or:..,.)
detached from a building or a structure. ~ '..D
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8.19 Windows. The windows of all buildings on Residenti~
Property shall have frames and window hardware, if any, construct~
of wood or such other materials as shall be in conformance with t~
applicable provisions of the Design Standards Manual. In no eve~
shall raw or silver aluminum windows be permitted. ~ CO
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8.20 Reflective or Mirrored Glass. No reflective or mirrored
glass shall be used on, in or for the windows or doors of any
buildings or other Improvements constructed upon Residential
Property. No tinted windows or doors shall be permitted unless
first approved by the Architectural Review Board in writing taking
into account the degree of tinting and the aesthetics of the
Improvements involved.
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8.21 Awnings. Shutters and Window Coverings. No window of any
building or other Improvements constructed upon Residential
Property shall be covered by any awnings, canopies, shutters,
(including hurricane or storm shutters), boards, or similar type
window coverings, except as approved by the Architectural Review
Board or such as may be required for protection from storms and
only then during the period of any such storm. Nor shall any such
windows be covered by or coated with any foil or other reflecting
or mirrored materials. The foregoing restriction shall not be
construed as a prohibition against decorative exterior shutters
located to the side of window openings or as a prohibition against
suitable awnings located over or above window openings.
8.22 Exterior Air Conditioning EqJlipment. All air
conditioning compressors and other equipment located outside of
residential dwellings shall be screened from the view of street and
road rights-of-way, and adjacent Lots by opaque walls attached to
and made a part of each single family residential dwelling and
otherwise in conformity with the applicable provisions of the
Design Standards Manual or as otherwise approved by the
Architectural Review Board. Absolutely no window or roof mounted
air conditioning units shall be permitted for any residential
dwelling, other than as may be approved by the Association for use
in an outbuilding or accessory structure.
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8.23 Fences and Walls. Other than those constructed by
Developer and/or the Association within the areas subject to the
Stormwater Easements and Wall and Landscape Easements established
pursuant to Subsections 14.1.2 and 14.1.4, respectively of this
Declaration or pursuant to the Plat,"no fences or wal'l;s' shall.~
erectedon~Resident:ial"property unless approved in writing b~e
Architectural Review Board:" The height of all fences or walls
shall be subject to the control and approval of the Architectural
Review Board. All fences antl walls shall be constructed of'wrou~t w
,.iron, ",~ck-""paint.ed and exterior treated wood, S~...Qr othet; (...)
masonr~. mateJ::~s and shall conform to guidelines ai \.D
specifications otherwise set forth in the Design Standards Manua ~
Exception to such specifications may be permitted by t
Architectural Review Board, in its discretion; provided, howeve~
that in no event shall uncovered or exposed {whether concrete ~
concrete blocks, painted or not}, chain link....gr prefabricated wooddi
fences be permit teHi .''lI5,,,,~,,,,,-,'''',ill<''-:l~~A'.'' "CO" . ~ CO
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8.24 Swimming Pool Screens. No swimming pools located on
Residential Property shall be enclosed by any screen, screening or
othe+ enclosure or under a roof of any kind unless the same shall
be located entirely within the extension of the side walls of the
main residential dwelling on the Lot on which such swimming pool is
located. All pools shall be subject to approval by the
Architectural Review Board.
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8.25 Exterior Building Materials. Finishes and Colors. All
exterior building materials, finishes and colors of any
Improvements to be constructed or located on Residential Property,
including any Docks, shall be in conformance with the applicable
provisions of the Design Standards Manual or as otherwise approved
by the Architectural Review Board. Uncovered or exposed (whether
painted or not) concrete or concrete block shall not be permitted
as the exterior finish of any building structure or wall. The
foregoing restriction shall be equally applicable to the initial as
well as any subsequent painting of any Improvements located on
Residential Property.
8.26 Exterior Lighting. Exterior lighting or illumination of
buildings, yards, parking areas, sidewalks and driveways on a Lot
shall be designed and installed so' as to avoid visible glare
(direct or reflected) from street and road rights-of-way, and other
Residential Property. All such exterior lighting shall conform to
and with the applicable provisions of the Design Standards Manual.
Special exceptions to such specifications may be approved by and
within the discretion of the Architectural Review Board upon a
showing of good cause therefor.
8.27 Mailboxes and Other Delivery Boxes. Until such time as
the United States Post Office Department shall approve mail
delivery service to St. Johns Landing to or at wall receptacles or
mailboxes attached to each single family residential dwelling, each
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Lot on which a single family residential dwelling is constructed
and completed (as evidenced by the issuance of a certificate of
occupancy therefor) shall have a street or roadside mailbox for the
delivery of United States mail. The design, construction and
location of such mailbox shall be in strict conformance with the
applicable provisions of the Design Standards Manual or as
otherwise approved by the Architectural Review Board in writing; it
being expressly provided, however, that the Architectural Review
Board must approve a location consistent with the rules and
regulations of the United States Post Office Department and tha~
all mailboxes must be constructed utilizing a break-away type
construction method. At such time as the United States Post Offic~
Department shall approve and make mail deliveries within St. John~
Landing to or at wall receptacles or mailboxes attached to eac~
single family residential dwelling, each Owner, upon notice and th~
request of the Association, shall remove and replace the street o~
roadside mailbox on his Lot with a receptacle or mailbox attache~
to the single family residential dwelling constructed on his Lot.
All other delivery boxes or receptacles of any kind, including
those for newspapers, milk and other similar home deliveries, shall
also be designed, constructed and located in conformance with the
applicable provisions of the Design Standards Manual or as
otherwise approved by the Architectural Review Board. Developer
shall have the right to require that all street or roadside
mailboxes shall be of one particular type or design specified by
Developer so long as such designated type or design meets the rules
and regulations of the United States Post Office Department.
8.28 Underground Utilities. All utility lines and facilities
shall be located and installed underground or concealed under or
within a building or other on-site Improvements approved by the
Architectural Review Board; provided, however, that the foregoing
restriction shall not be deemed to prohibit the following: (a)
temporary electric power and telephone service poles and water
lines which are incident to the ongoing construction of approved
permanent improvements, and, provided further, that the same are
removed immediately following the completion of such construction;
(b) above-ground electric transformers, meters and similar
apparatus properly screened as specified in the Design Standards
Manual or as otherwise approved by the Architectural Review Board;
(c) permanent outdoor safety light poles located and installed in
conformance with the applicable provisions of the Design Standards
Manual, or as otherwise approved by the Architectural Review Board.
8.29 Landscaping. Each Lot shall be landscaped in accordance
with a landscape plan which is (a) in conformance with the
applicable provisions of and using the plant pallet specified in
the Design Standards Manual and (b) otherwise approved by the
Architectural Review Board. All landscaping approved by the
Architectural Review Board shall be installed within thirty (30)
days after the completion of construction of the main residential
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dwelling on a Lot as evidenced by the issuance of a certificate of
occupancy for such dwelling.
8 . 3 0 Grass. No type or variety of grass other than St.
Augustine grass shall be planted on Residential Property, and such
grass shall be planted only in those areas where specified on the
landscape plan approved by the Architectural Review Board. The
planting of grass on Residential Property shall be accomplished by
the installation of full sod covering the entire area required to
be grassed. Partial sodding, sprigging, plugging or seeding shal~
not be permitted. ~
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8.31 Trees. The provisions of Section 7.17 of thi~
Declaration shall be applicable to the building or construction o~
any single family residential dwelling or other structure org
Improvements on Residential Property and such provisions are:"
incorporated in this Article VIII by this reference thereto. ~
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8.32 Irrigation Systems. All landscaped and grassed open
areas on Residential Property, including such areas which are
within road rights of way adjacent to and contiguous with the
Residential Property, shall be irrigated by means of an automatic
underground irrigation or sprinkling system capable of regularly
and sufficiently irrigating all lawns and plantings within such
open areas. The plans and specifications for each such irrigation
or sprinkling system shall be included in and submitted with and
reviewed and approved by the Architectural Review Board as part of
the landscape plan required pursuant to the provisions of Section
8.2 of this Declaration. Such irrigation or sprinkling system
shall be installed prior to or simultaneously with the
implementation of the landscape plan approved by the Architectural
Review Board; but in any event within the time provided in Section
8.29 of this Declaration for the installation of landscaping.
8.33 Artificial Vegetation. No artificial vegetation shall be
permitted on the portion of any Lot outside of any building on the
Lot.
8.34 Lakefront Lot Swale System. The Stormwater Management
System for St. Johns Landing contemplates and requires that each
lakefront Lot (Lots 12 through 21 as depicted on the Plat,
hereinafter, the "Lakefront Lots") shall have a lake front swale
with retention wall to prevent direct surface stormwater drainage
or discharge into Lake Jessup. The construction of such swale
system is a requirement of the SJRWMD and the City. A Stormwater
Easement has been created and reserved on each Lakefront Lot as
more particularly provided in Subsection 14.1.2 of this Declaration
and also as more particularly shown on the Plat. The above
described swale system will be constructed by the Developer
pursuant to the Construction Plans and the obligation to maintain,
repair and replace the swale system in accordance with the
Construction Plans shall be the responsibility of the Association.
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Notwithstanding anything in the foregoing to the contrary, each
Owner of a Lakefront Lot, including builders, shall be responsible
for the ordinary maintenance of the swale system on their
respective Lakefront Lot, including the mowing and removal of trash
and other debris from such area. Filling, excavation, construction
of fences, altering or modifying the swale system or retaining
wall, or otherwise obstructing or altering the surface water flow
in the swale systems is strictly prohibited. No alteration of the
swale system, including the retaining wall, shall be authorized and
any damage to any part of the swale system, including the retaini~
wall, whether caused by natural or human-induced phenomena, shatt
be repaired and the swale system, including the retaining wal~
returned to its former condition as soon as possible by the par~
(i.e. Owner or the Association) responsible for such alteration ~
damage. g
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8.35 Docks and Boathouses. No Dock shall be constructed an
lakefront Residential Property or on or over State-owned lands or
waters adjacent or contiguous to Residential Property unless the
plans and specifications therefore are first approved in writing by
the Architectural Review Board, and, only then, if such Dock shall
be in compliance with the following requirements, to wit:
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(a) A permit or permits for any such Dock and any
dredging or filling required in connection with its construction
shall have first been issued, if otherwise required, by the City,
the State of Florida Department of Environmental Protection, the
United States Army Corps of Engineers and such other governmental
authorities as shall have jurisdiction over the construction of
such Dock, if any.
(b) Any such Dock must be constructed consistent with
the requirements or restrictions imposed by any conservation
easement burdening the area upon which such Dock is to be
constructed.
(c) Only one (1) Dock shall be permitted for each
lakefront Lot, or combination of lakefront Lots owned in common and
developed and improved as a single unified home site.
(d) All Docks shall project into the water approximately
perpendicular to the shoreline, and all construction shall be at
right angles to such projection.
(e) All Docks shall be set back at least twenty-five
(25) feet from a side Lot line; provided, however, such setback may
be reduced to as little as five (5) feet with the written approval
of the Owner of the adjacent Lot closest to the location of the
proposed Dock.
(f) No Dock shall extend over one hundred (100) feet
into the water as measured from the normal high water line of Lake
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Jessup, unless unusual shallow water (assuming water level is at
established ordinary high water elevation) or other environmental
considerations shall otherwise dictate.
(g) The total area of the Dock (including portions
thereof over land and water) shall not exceed one thousand (1,000)
square feet; it being expressly provided, however, that a variance
of such )square footage requirement may be granted by the~
Architectural Review Board if shallow water or environmental w
considerations dictate that the Dock extend more than one hund~uo
(100) feet into the water, in which event, in addition to tj{e N
foregoing square footage, additional square footage may ~
permitted to accommodate a wooden walkway or dock extension n~
exceeding four (4) feet in width times the length required in ord~
to accommodate such shallow water or environmental consideration~
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(h) No boathouse on any Dock shall exceed twelve (1f)
feet in height at the highest point of the boathouse roof as
measured from the normal high water elevation of the lake involved.
No railings shall be constructed above such twel ve (12) foot
elevation.
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(i) No Dock shall exceed two (2) feet in height over the
water as measured from the ordinary high water elevation of the
lake involved.
(j) The roofs on any boathouse on any Dock shall be
pitched at not less than four inches (4") in twelve inches (12")
(4/12 vertical/horizontal). No flat roofs on boathouses shall be
permitted. No boathouse roofs shall be used as decks.
(k) No Dock shall contain bathrooms or cooking
facilities or otherwise be constructed in such fashion as to
contemplate occupancy as a living space; whether temporary or
permanent.
8.36 Seawalls or Bulkheads. No seawall or other bulkhead
shall be constructed on lakefront Residential Property without the
prior written consent of the Architectural Review Board and
Developer and only then if such seawall or bulkhead shall be in
compliance with the following requirements, to wit:
(a) A permit or permits for such seawall or bulkhead and
any dredging or filling required in connection with its
construction shall have first been issued, if otherwise required,
by the City, the State of Florida Department of Environmental
Protection, the United States Army Corps of Engineers and such
other governmental authorities as shall have jurisdiction of or
over the same, if any;
(b) Such seawall or bulkhead is reasonably necessary to
prevent or abate serious or substantial erosion of the shoreline;
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(c) Such seawall or bulkhead is constructed in
accordance with all applicable Governmental Regulations and such
other conditions and limitations as may be reasonably imposed by
the Architectural Review Board, in its sole and absolute
discretion.
8.37 Sidewalks. Each Lot shall have a sidewalk located within
the Sidewalk Easement area located on such Lot, if any, as
described in Subsection 14.1.13. In connection with the initial
development of any Lot, the Owner thereof shall construct a
sidewalk within the Sidewalk Easement area on such Lot at t~
location within such Sidewalk Easement area which is designated ~
the Design Review Board in such fashion as to connect with tij!
sidewalk previously constructed or otherwise planned for adjacene
Lots or properties. ~
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In the event that the sidewalk on a particular Lot is nci1r,
constructed by and at the expense of the Owner of such Lot at t~
time of the initial construction of a residential dwelling thereon,
or within ninety (90) days following such Owner's receipt of
written notice from the Association to do so, the Association, in
the exercise of its rights under the Association Easement for which
provision is made in Subsection 14.1.9 of this Declaration, without
being guilty of a trespass on account thereof, shall be entitled to
enter upon such Lot through its agents and contractors for the
purpose of constructing a sidewalk on such Lot and the costs and
expenses incurred by the Association in so doing, together with
overhead expenses of the Association in connection therewith, shall
be charged to such Owner and such Lot as an Indi vidual Lot
Assessment for which provision is made in Section 10.12 of this
Declaration.
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All sidewalks, if any, constructed within St. Johns Landing
shall be four feet (4') wide and four inches (4") thick, except at
driveway approaches, where such sidewalk shall be six inches (6")
thick, reinforced with six inch (6") by six inch (6") ten (10)
gauge metal welded wire, with a one inch (1") contraction joint
every four feet (4') and an expansion joint every twenty feet
(20' ), and shall run the entire length of the street or road
frontage of each Lot or pursuant to such other specifications as
may be established by the Design Review Board and set forth in the
Design Standards Manual from time to time. Such sidewalks,
however, shall be owned and maintained by the Owner of the Lot.
8.38 Precedence Over Less Stringent Governmental Regulations.
In those instances where the covenants, conditions and restrictions
set forth in this Article VIII set or establish minimum standards
in' excess of Governmental Regulations, including, without
limitation, building and zoning regulations, the covenants,
conditions and restrictions set forth in this Article VIII, of this
Declaration shall take precedence and prevail over such less
stringent Governmental Regulations. Conversely, in those instances
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where" such Governmental Regulations set or establish minimum
standards in excess of the covenants, conditions and restrictions
set forth in this Article VIII, the Governmental Regulations shall
take precedence and prevail over less stringent covenants,
conditions and restrictions set forth in this Article VIII.
8.39 W~i vers. Exceptions and Variances by Developer.
Notwithstanding anything to the contrary set forth in or which may~
otherwise be implied from the terms and provisions of this~
Declaration, Developer specifically reserves exclusively unto~
itself, for the duration hereinafter specified, the right andE
privilege (but Developer shall have absolutely no obligation), upon~
a showing of good cause therefor, to: (a) grant waivers with~
respect to any existing or proposed future deviation from, or ~
violation or infraction of, the building restrictions specified in~
this Article VIII of this Declaration where, in the reasonably r
exercised good faith judgment and discretion of Developer,
Developer shall determine or decide that such deviation, violation
or infraction is de minimis, minor, or insignificant, (b) grant
waivers of, exceptions to, or variances from, the building
restrictions specified in this Article VIII of this Declaration
where special conditions and circumstances exist which are peculiar
to a particular Lot and not generally applicable to other Lots
(e.g., because of its unusual size, configuration or location) or
where a literal interpretation or application of any such building
restriction to a particular Lot would be inappropriate, inequitable
or otherwise work or result in a hardship or deny such Lot and the
Owner thereof specific rights which are generally enjoyed by other
Lots and Owners; it being expressly provided, however, that, in all
cases, Developer, in its exercise of such right and privilege
shall, in its reasonably exercised and good faith judgment and
discretion determine or decide that its grant of any such waiver,
exception or variance shall not result in, represent, be or
constitute a significant deviation of or derogation from (a) the
uniform plan of development for St. Johns Landing, (b) the high
architectural, ecological, environmental and aesthetic standards
otherwise established for St. Johns Landing or (c) the objects and
purposes of this Declaration as hereinabove enumerated in Article
II of this Declaration. Notwithstanding anything to the contrary
contained in this Section 8.39, any waivers of, exceptions to, or
variances from said building restrictions shall be in compliance
with Governmental Regulations. Developer shall have such right and
privilege to grant waivers, exceptions and variances, as aforesaid,
until either (a) the expiration of a period of fifteen (15) years
from the date of the recordation of this Declaration among the
Public Records of the County or (b) the sale by Developer in the
ordinary course of business, and not in bulk, of ninety percent
(90%) of all Lots in St. Johns Landing, whichever shall last occur.
Following the occurrence of the last of the foregoing events to
occur, the right and privilege of Developer to grant waivers,
exceptions and variances, as aforesaid, shall be delegated and
assigned by Developer to and thereafter vest in the Architectural
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Review Board. To the extent that any such waiver, exception or
variance is granted in a particular instance or with respect to any
particular Lot or Improvement pursuant to the provisions of this
Section 8.39, as aforesaid, the same shall not be deemed to be a
precedent for the granting of such or any similar waiver, exception
or variance in any other particular instance or any other
particular Lot or Improvement.
8.40 Architectural Review Board Approval. Notwithstanding any
other provision of this Declaration to the contrary, no
Improvements may be constructed upon any Lot except by licens~
building contractors approved by the Developer in its so~
discretion and named on the list of Approved Builders maintained ~
the Architectural Review Board at the time of construction on tiji
Lot. Any approval by the Architectural Review Board of any plang
and specifications for Improvements on any Lot shall be subject ~
the Owner conforming to the requirements of this Section 8.40. The
Developer and the Association reserve the right to enforce t~
provisions of this Section 8.40 by injunction or other remedies
available at law or equity.
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ARTICLE IX
COMMON PROPERTY
9.1 Additional Property. In addition to the Common Property
described in Section 5.2 of this Declaration or included within the
term "Common Property" as defined in Article I of this Declaration,
Developer, in its sole discretion, shall have the right to convey
to the Association and the Association shall'be obligated to accept
any other portion of the Subject Property or any other real or
personal property owned by Developer so long as such property is
used or useful for any of the objects and purposes for which the
Association has been created and established. Should Developer so
convey any such additional property, the same shall thereupon
become and thereafter continue to be Common Property which shall be
subject to all covenants, conditions, restrictions, easements and
reservations set forth in this Declaration with respect to all
other Common Property.
9.2 Restriction on Use. Subsequent to the conveyance of any
Common Property to the Association by Developer, the Common
Property shall, subject only to the easements specified in Article
XIV of this Declaration, be developed, improved, maintained, used
and enjoyed solely for the purposes specified in this Declaration
and in the instrument of conveyance and for the common health,
safety, welfare and passive recreation of the residents of and
visitors to the St. Johns Landing Community and for no other
purpose or purposes whatsoever. No other use shall be made of the
Common Property without the prior written consent of Developer.
9.3 Restriction on Conveyance. Subject only to the
provisions of Subsection 12.5.3 of this Declaration, subsequent to
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the conveyance of any Common Property to the Association by
Developer, the Common Property may not be subdivided, partitioned,
sold, transferred, conveyed, alienated, leased, mortgaged or
hypothecated by the Association in any manner whatsoever without
the prior written consent of Developer. Neither shall the Common
Property be abandoned by the Association without the prior written
consent of Developer. Upon a violation of the provisions of this
Section 9.3, title to any Common Property so subdivided,
partitioned, sold, transferred, conveyed, alienated, leased,
mortgaged or hypothecated by the Association without the prieM"
written consent of Developer shall automatically revert to t~
Developer upon the filing by Developer among the Public Records ~
the County of an appropriate declaration of its intention to acce~
such reversion. Upon any such reverter, any restriction upom
subdivision of, lease, mortgage or other interest in the Comm~
Property, created or granted by the Association without tEe
Developer's written consent, shall be terminated and have ~
further effect on the Common Property.
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9.4 Encumbrance as Security. Notwithstanding the provisions
of Section 9.3 above, the Association shall have the right in
accordance with this Declaration and its Articles of Incorporation
and By-Laws to (a) borrow money for the purpose of improving,
replacing, restoring or expanding the Common Property and to
mortgage or otherwise encumber the Common Property solely as
security for any such loan or loans and (b) engage in purchase
money financing with respect to personal property and equipment
purchased by the Association in connection with the performance of
its duties and obligations pursuant to this Declaration and to
secure the paYment of the purchase price therefor by the
encumbrance of the personal property and equipment so purchased; it
being expressly provided, however, that any such mortgage or other
encumbrance shall (i) be subject in all respects to the terms and
provisions of this Declaration and any amendments hereto, and (ii)
be made subordinate to the rights of the City or any other
governmental agency in and to the Common Property, including but
not limited to the stormwater management tracts, established either
pursuant to this Declaration or any Plat. In no event shall the
Association be entitled or empowered to mortgage or otherwise
encumber any easements granted to it.
9 . 5 Use by Owners. Subj ect to any reasonable rules and
regulations adopted and promulgated by the Association pursuant to
and in accordance with the provisions of Section 9.9 of this
Declaration, and subject always to any and all easements granted by
or reserved to Developer or others in this Declaration, each and
every Owner shall have the non-exclusive right, privilege and
easement to use and enjoy the Common Property for the purpose or
purposes for which the same is conveyed, designated and intended by
Developer and maintained by the Association, and such nonexclusive
right, privilege and easement shall be an appurtenance to and shall
pass with the title to each and every Lot within the Subject
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PropertYi subject, however, at all times to the terms, provisions,
covenants, conditions, restrictions, easements and reservations set
forth in this Declaration including, without limitation, the
following:
(a) the right of the Association to suspend the right,
privilege and easement of any Owner and the members of his family,
tenants, guests or other invitees to use the Common Property or an~
portion thereof designated by the Association during any timeuin~
which any Assessment levied by the Association against such O~r~
and his Lot remains unpaid and delinquent for a period of thiit~
(30) days or more or for a period not to exceed thirty (30) d~s
for any single infraction of the rules and regulations of !'1'le
Association with respect to the use of the Common Proper@i-
provided, however, that except for a suspension of such right,co
privilege and easement occasioned by the failure of an Owner to ~y~
any Assessment within thirty (30) days from the date that the same~
is levied by the Association, any suspension of the right,
privilege and easement to use and enjoy the Common Property shall
be made by the Association, or a committee duly appointed by the
Association for that purpose, only after appropriate notice and
hearing given and held in accordance with the By-Laws of the
Association. Notwithstanding anything herein set forth to the
contrary, however, the Association shall have no right, power or
authority hereunder to suspend or otherwise unreasonably interfere
with any Owner's right, privilege and easement to use the Common
Streets and Roads for ingress and egress to and from such Owner's
Loti it being expressly provided, however, that temporary
interference for purposes of appropriate identification at and
clearance through St. Johns Landing access gates shall not be
deemed to be an unreasonable interference with such right,
privilege and easement of and for ingress and egress.
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(b) The right of the Association to limit the number of
guests of Owners who may use the Common Property from time to time
and to limit the use of the Common Property by persons not in
possession of a Lot at a particular time but owning a sufficient
interest therein for classification as an Owner and member of the
Association.
(c) The right of the Association to establish,
promulgate and enforce reasonable rules and regulations pertaining
and with respect to the use of the Common Property pursuant to
Subsection 12.3.7 of this Declaration.
(d) The right of the Association to charge reasonable
admission and other fees to or for the use of the Common Property,
other than for the use of easements established created or declared
pursuant to this Declaration or the Plat.
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(e) The right of the Association to take such steps as
are reasonably necessary to maintain, preserve and protect the
Common Property.
(f) The right of the Association, in accordance with
applicable law, to suspend the right, privilege and easement of any
Owner and the members of his family, tenants, guests or other
invitees to use the Common Property or any portion thereof
designated by the Association.
9.6 Delegation of Use. Any Owner shall be entitled to and
may delegate his right, privilege and easement to use and enjoy t~
Common Property to the members of his family, his tenants, guesOS
or other invitees; subject, at all times, however, to SUQQ
reasonable rules and regulations governing such delegation as m~
be established, promulgated and enforced by the AssociatiSB
pursuant to Subsection 12.3.7 of this Declaration. In the eve~
and for so long as an Owner shall delegate such right, privile~
and easement for use and enjoyment to tenants who reside on hIs
Lot, the Association shall be entitled, after the adoption and
promulgation of appropriate rules and regulations with respect
thereto, to limit or restrict the right of the Owner making such
delegation to a tenant in the simultaneous exercise of such right,
privilege and easement of and for the use and enjoyment of the
Common Property.
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9.7 Waiver of Use. No Owner may exempt himself from personal
liability for or exempt his Lot from any Assessments duly levied by
the Association, or release the Lot owned by him from the liens,
charges, encumbrances and other provisions of this Declaration, or
the rules and regulations of the Association by (a) the voluntary
wai ver of the right , privilege and easement for the use and
enjoyment of the Common Property, (b) the abandonment of his Lot or
(c) by conduct which results in the Association's suspension of
such right, privilege and easement as provided in Section 9.5 of
this Declaration.
9.8 Administration and Care. The administration, regulation,
care, maintenance, repair, restoration, replacement, preservation
and protection of the Common Property shall be the responsibility
of the Association as more particularly provided in Article XII of
this Declaration and in the Articles of Incorporation of the
Association.
9.9 Rules and Regulations. In addition to the foregoing
restrictions on the use of Common Property, the Association shall
have the right, power and authority, subject to the prior written
consent and approval of Developer, to promulgate and impose
reasonable rules and regulations governing and/or restricting the
use of Common Property and to thereafter change, modify, alter,
amend, rescind and augment any of the same; provided, however, that
no rules or regulations so promulgated shall be in conflict with
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the provisions of this Declaration. Any such rules and regulations
so promulgated by the Association shall be applicable to and
binding upon all Common Property and all Owners and their
successors and assigns, as well as upon all members of their
families, their tenants, guests, and other invitees and upon all
other parties claiming by, through or under such Owners.
9.10 Community Wall. The Owner of any Lot burdened by a Wall
and Landscape Easement shown on the Plat may make any use of the
foregoing easement area that is not inconsistent with the foregoing ~
easemen~i but no attachment (including climbing vines or oth~.:...a.>
vegetat~on) may be made to the Community Wall, and no permanent uo
wall, building, or other structure may be installed, maintaine~ ~
restored, or permitted to remain on any Lot within five (5) feet ~
the Community Wall, except (i) a side wall or fence th~
substantially conforms to plans and specifications approved by t~
Architectural Review Board, as provided in Article XV of th9;
Declaration, or (ii) as may be permitted by the Association's ruleB 00
and regulations, or (iii) with the Association or the Architectur~l ~
Review Board I s advance written consent. A Lot Owner shall be 0"\
responsible for the maintenance of that portion of the Lot falling
within the interior of the Community Wall. The Association shall
be responsible for the installation, maintenance, restoration, and
removal of (i) the Community Wall and (ii) the landscaping located
within any five (5) foot Wall and Landscape Easement to the
exterior of the Community Wall. The Wall and Landscape Easements
shown on the Plat include the right of the Association to enter
each Lot on which the Community Wall is situated to install,
maintain, restore, and remove the Community Wall.
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9.11 Community Dock. All access to and use of the Community
Dock shall be pursuant to and consistent with rules and regulations
established by the Association. No swimming or diving shall be
permitted from, under or in the vicinity of the Community Dock and
no overnight camping shall be permitted at or on the Community
Dock.
9.12 Payment of Assessments Not Substitute for Taxes. The
payment of Assessments from time to time established, made, levied,
imposed and collected by the Association pursuant to this
Declaration, including, without limitation, those for the
maintenance of the Common Property, including those Assessments for
maintenance of the property subj ect to the Wall and Landscape
Easements, shall not be deemed to be a substitute for or otherwise
relieve any Owner of the Subject Property from paying any other
taxes, fees, charges or assessments imposed by the City, or any
other governmental authority.
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ARTICLE X
ASSESSMENTS
10.1 Assessments for Common E~enses. In order to provide for
and assure the availability of the funds necessary to pay Common
Expenses as may be associated with and otherwise necessary for the
Association to perform its duties and obligations pursuant to and
in accordance with this Declaration and its Articles of
Incorporation and By-Laws and to otherwise carry out and accomplish
the objects and purposes for which the Association has been created
and established, each Lot and each Owner of such Lot shall, by the
acceptance of a deed or other conveyance of title to his Lot,
whether or not it shall be expressly stated in any such deed or
other conveyance, be obligated for and be deemed to have covenanted
and agreed to pay to the Association all Assessments, whether the
initial fee, Regular Assessments, Capital Expenditure Assessments,
Special Assessments or Individual Lot Assessments, established,
levied, made and imposed by the Association pursuant to this
Declaration. All such Assessments shall be established, levied, vv
made, imposed, enforced and collected pursuant to the provisions of ~
this Declaration and the Articles of Incorporation, By-Laws a~ ~
rules and regulations of the Association. ~ ~
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10.2 Common Expenses. The Common Expenses for whi2h
Assessments shall be established, made, levied, imposed, enforc~
and collected by the Association pursuant to this Declaration sha~
be all costs and expenses incurred by the Association in t~ CX)
discharge and performance of the duties and obligations of tne N
Association pursuant to this Declaration and the Articles of-.J
Incorporation and By-Laws of the Association and in furtherance of
the objects and purposes for which the Association has been formed,
created and established, including, without limitation, the
following costs and expenses:
(a) Those incurred in the management and administration
of the business and affairs of the Association, including, but not
limited to, the salaries of any employees of the Association and
the fees or other compensation paid to consultants to the
Association, including, without limitation, architects, engineers,
accountants and attorneys.
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(b) Those incurred in connection with the ownership,
administration, management, regulation, care, maintenance, repair,
restoration, replacement, improvement, preservation, and protection
of the Common Property, including any lease or other paYments to
appropriate governmental agencies for the ability to use sovereign
land associated with any of the Common Property.
(c) Reasonable reserves for repairs to and replacement
of the Common Property.
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(d) Those incurred for utility services to the
Association and the Common Property, including, without limitation,
electric power for irrigation systems.
(e) Those incurred for garbage and trash collection
removal and disposal services provided to the Association and the
Common Property (but not those provided to Lots) .
(f) Those incurred for Common Property landscape
maintenance and replacement, including irrigation.
(g) Those incurred as premiums on or for any insurance
obtained by the Association, including, without limitation, fire,
casualty, liability, health, medical, workman's compensation and
other insurance. ~
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(h) All taxes, paid by the Association, including, ~
without limitation, ad valorem real and personal property taxes on~
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(i) Those incurred in connection with any paYments by~
the Association for the discharge of any lien or encumbrance upon'
the Common Property or any portion thereof.
(j) Those incurred by the Architectural Review Board in
the performance of its duties and obligations pursuant to this
Declaration, including, without limitation, the fees of, or other
compensation paid to, consultants to the Architectural Review
Board, including architects, landscape architects, engineers and
attorneys.
(k) Those incurred from time to time by any committees
of the Association which are reasonably connected to the discharge
of the duties and obligations of the Association pursuant to this
Declaration.
(1) Those incurred in connection with the acquisition
and repaYment of any loans made to the Association, including the
principal of, interest on and closing costs and other charges
associated with any such loan or loans and/or purchase money
financing engaged in by the Association.
(m) Those incurred in connection with the enforcement of
the provisions of this Declaration, including the fees, costs and
expenses of any attorney retained or employed by the Association
for that purpose.
(n) Those incurred in connection
expenditures as described in Section 10.10.
with
capital
10.3 Use of Assessments. The funds received and derived from
any and all Assessments made by the Association shall be used
35
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exclusively for the performance of the duties and obligations of
the Association pursuant to this Declaration, the paYment of Common
Expenses, the operation and administration of the Association and
the promotion of the health, safety, and general welfare of the
residents of St. Johns Landing and for the benefit of the St. Johns
Landing Community generally.
10,4 Prohibited Use of Assessments. Notwithstanding anything
to the contrary set forth in or otherwise implied from the terms
and provisions of this Declaration, generally, or Sections 10.1 and
10.2 of this Declaration, in particular, the Association shall not
have the power or authority to use, make, levy, impose, enforce or
collect, and is hereby expressly prohibited from using, making,
levying, imposing, enforcing or collecting, any Assessment for t~
purpose, in whole or part, of financing the prosecution of R
otherwise supporting any actual or contemplated litigatio~
including any and all appeals related thereto, against Develop~
with respect to matters related to St. Johns Landing or i~
development or operation. If, notwithstanding the foregoiIlS
prohibition, the Association shall attempt to use, make, levy,:?
impose, enforce and collect any Assessment for such prohibitetiIJ
purpose or use, Developer and any Lot or other property owned tlY
Developer within St. Johns Landing shall be and are hereby exempted
from any such Assessment or attempted Assessment.
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10.5 Lien for Assessments. All Assessments established, made,
levied, and imposed by the Association pursuant to this
Declaration, together with interest, late charges, costs and
expenses, including attorneys' fees associated with the collection
thereof (whether suit be brought or not), shall be a charge, and a
continuing lien upon each Lot against or with respect to which any
such Assessment is made or levied.
10.6 Personal Liability for Assessments. In addition to the
foregoing lien for such Assessments, each such Assessment, together
with interest, late charges, costs and expenses, including
attorneys' fees associated with the collection thereof (whether
suit be brought or not and whether at the trial or any appellate
level), as aforesaid, shall also be the personal obligation and
liability of the Owner of the Lot against or with respect to which
any such Assessment is made, levied or imposed at the time such
Assessment is so made, levied or imposed. Such personal liability
for Assessments made, levied or imposed pursuant to this
Declaration prior to the sale, transfer or other conveyance of a
particular Lot shall not, by virtue of any such sale, transfer or
other conveyance, pass to such Owner's successor or successors in
title unless such personal liability of the Owner shall be
expressly assumed in writing as the personal obligation of such
successor or successors in title; provided, however, that no such
assumption of personal liability by such successor or successors in
title shall relieve any Owner otherwise personally liable for
36
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payment of Assessments from the personal liability and obligation
for the payment of the same.
10.7 Types of Assessments. The Association is hereby
authorized and empowered to establish, make, levy, impose, enforce
and collect (i) an initial fee, (ii) Regular Assessments, (iii)
Capital Expenditure Assessments, (iv) Special Assessments, and (v)
Individual Lot Assessments, all as described below.
10.8 Initial Fee. The initial fee shall be collectible from
the Owner of a Lot upon the Owner's acquisition of title to the Lot
from Developer. Developer shall not be obligated to pay an initial(~
fee as to any Lot. The initial fee shall be TWO HUNDRED FIFTY AND~
NO/100 DOLLARS ($250.00) for calendar year 1997. Subsequent ~~
calendar year 1997, the amount of the initial fee for calendar ye~ ~
1998 and each successive calendar year thereafter shall ~
established and determined by the Board which will use its beet
efforts to establish the fee no later than thirty (30) days pri~
to the beginning of each calendar year. The initial fees shall ~ 00
deposited into a separate interest bearing bank account to be he+B CJ
in trust by the Association and, accordingly, same may not be <:::>
utilized by the Declarant or any other entity, including the
Association, until such time as the homeowners take-over control of
the Association from the Declarant which is to occur at such time
as the Class B membership ceases to exist.
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10.9 Re9ular Assessments. The Association shall be and is
hereby authorized, empowered and directed to establish, levy, make,
impose, enforce and collect during each calendar year a regular
assessment for Common Expenses to be incurred by the Association
during such calendar year (the "Regular Assessment (s) " ) in the
performance of its duties and obligations pursuant to this
Declaration. Such Regular Assessments shall be established, made,
levied, imposed, enforced, collected and otherwise governed by the
following provisions:
10.9.1 Rate of Re9Ular Assessment. The amount of the
Regular Assessment for calendar year 1997 and each subsequent
calendar year thereafter shall be established and determined by
the Board which shall make a good faith effort to establish
same not later than thirty (30) days prior to the beginning of
each calendar year. The Board shall establish the Regular
Assessment for each calendar year based upon a pro forma
operating statement or estimated budget for such calendar year
which in turn shall be based, among other things, upon an
estimate of the total Common Expenses likely to be incurred
during such calendar year, taking into account the previous
operating history of and any surplus funds (not including
reserves) held by the Association. The total amount of the
Common Expenses so estimated shall be divided by thirty-one
(31) which is the total number of Lots the Developer currently
plans to develop in St. Johns Landing. The quotient shall
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constitute the amount of the Regular Assessment for the
"constructed Lots" (as defined in Subsection 10.9.2) for such
calendar years. Pursuant to Subsection 10.9.2, the Regular
Assessment for Lots that are not constructed Lots shall be
twenty percent (20%) of that for the constructed Lots.
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10.9.2 Developed vs. Undeveloped Lot~. Lots upon
which construction has commenced ("constructed Lots") derive a
greater benefit from Common Property and Assessments than do
the Lots which are not being constructed upon. For this
reason, the Association in establishing the rate of RegulC\:}S
Assessments shall assess Lots that are not constructed Lots f~
an amount less than constructed Lots. In this regard, t~
Regular Assessments of Lots that are not constructed Lots shal~
not exceed twenty percent (20%) of the Regular Assessments ~
constructed Lots. For purposes of this provision, constructiom
shall be deemed to have commenced as to any Lot upon th~
earlier of (i) the commencement of construction of verticap
Improvements pursuant to the appropriate and necessarY'
governmental approvals and permits, and (ii) the conveyance of
said Lot by the Developer to a third party person.
10.9.3 Notice of Regular Assessments. For each
calendar year the Association shall provide written notice to
each Owner of the amount of the Regular Assessment established,
made, levied and imposed that calendar year and the dates upon
which installments for the same shall become due and payable.
10.9.4 Commencement of Regular Assessments. Unless
otherwise determined by the Board of Directors of the
Association, Regular Assessments shall commence as to all Lots
on the first day of the month following the first conveyance of
a Lot by Developer to any third-party individual Owner.
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10.9.5 Insufficient Regular Assessments. In the event
that the Association shall determine during any calendar year
that the Regular Assessment established for such calendar year
is or will become inadequate or insufficient to meet all Common
Expenses for such calendar year, for whatever reason, the,
Association shall be entitled to immediately determine the
approximate amount of the deficiency or inadequacy of the
Regular Assessment for such fiscal year, issue a supplemental
estimate of Common Expenses to all members of the Association
and within thirty (30) days thereafter establish, make, levy,
impose, enforce and collect a supplemental or revised Regular
Assessment for such calendar year.
10.9.6 Limitation on Increases. After the
Association's first full calendar year of operation the
Association shall not establish, make, levy, impose, enforce
and collect any Regular Assessment which is increased over the
amount of the Regular Assessment for the immediately preceding
38
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calendar year by (i) more than fifty percent (50%) with respect
to the second full calendar year, or (ii) more than twenty-five
percent (25%) for any subsequent full calendar year, without
the prior approval of a majority of the total voting power held
by the Members who are voting in person or by proxy at a
meeting of the Association duly called for such purpose and of
which written notice specifying the amount of a proposed
increase in the Regular Assessment over the Regular Assessment
for the prior fiscal year is sent to each member of the W
Association at least thirty (30) days in advance of sUf#1 W
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10.9.7 PaYment of Assessments. Regular Assessmen~
shall be due and payable in advance in monthly, quarterl~
semi-annual or annual installments as determined by the Boa~
of Directors of the Association, in its reasonable discretiot? 00
Such installments shall be due and payable without any furth~
notice other than that notice specified in Subsection 10.9 f3 ~
above.
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10.9.8 Developer O~tion. Notwithstanding anything set
forth in this Declaration to the contrary, the Developer shall
not be subject to the initial fee. In addition, until such
time as Class B membership in the Association is converted to
Class A membership as provided in Subsection 13.6.2 of this
Declaration, Developer shall have the option of either: (a)
paying the Regular Assessments with respect to each Lot owned
by Developer from time to time, the same as any other Owner or
(b) in lieu of paying the amount of the Regular Assessments
that would otherwise be due based on the Lots owned by the
Developer from time to time, paying the difference between the
actual Common Expenses incurred by the Association for a
particular calendar year over the total amount of Regular
Assessments levied by the Association against all other Lots
(i. e., Lots not owned by Developer) and Owners during such
year. Commencing at such time as the Class B membership in the
Association is converted to Class A membership, the Developer
must pay the Regular Assessment with respect to each Lot owned
by it from time to time, same as any other Owner.
10.9.9 Reserves. The Regular Assessments shall
include a reasonable amount as determined by the Board of
Directors of the Association to be collected as reserves for
such other purpose or purposes as shall be determined by the
Board of Directors of the Association, in its reasonable
discretion. Notwithstanding the foregoing, as a component of
the Regular Assessments the reserves shall not be less than ten
percent (10%) of the total of the Regular Assessments. Such
portion of Regular Assessments representing amounts collected
as reserves, whether pursuant to this Subsection 10.9.9 or
otherwise, shall be deposited by the Association in a separate
interest bearing bank account to be held in trust by the
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Association for the purpose or purposes for which the same are
collected and are to be segregated from and not commingled with
any other funds of the Association. The account balance shall
be turned-over to the Association at such time as the Class B
membership ceases pursuant to Subsection 13.6.2. Prior to
cessation of the Class B membership, the Declarant shall be~
prohibited from utilizing the reserves account except for t~ ~
paYment of repairs to capital improvements not otherwise to ~ ~
paid for by the Declarant as the Developer of St. Johns Landi~ ~
and for which collateral has been posted with the City 63
security in connection with the final Plat. ~
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10.10 Capital E:x:penditure Assessments. In addition to t~ CO
other Assessments for which provision is made in this Declaratio~ UJ
the Association shall be and is hereby authorized and empowered co ~
establish, make, levy, impose, enforce and collect from time to
time capital expenditure assessments for the purpose of defraying,
in whole or in part, the cost of any construction or
reconstruction, or the unexpected repair or replacement of any
capital improvement to or upon the Common Property or the cost of
the initial purchase or any subsequent unexpected repair or
replacement of any equipment or personal property purchased,
repaired or replaced by the Association in furtherance of the
discharge of its duties and obligations pursuant to this
Declaration (the "Capital Expenditure Assessments"); provided,
however, that any such Capital Expenditure Assessment shall have
the prior approval of greater than fifty percent (50%) of the total
voting power of the members who are voting in person or by proxy at
a meeting of the Association duly called for such purpose and of
which written notice specifying the nature of the proposed capital
expenditure and the amount of the proposed Capital Expenditure
Assessment is sent to all members of the Association at least
thirty (30) days in advance of such meeting. All sums collected as
Capital Expenditure Assessments shall be used only for the capital
improvements or purchases for or with respect to which such Capital
Expenditure Assessment has been approved and such sums shall be
deposited by the Association in a separate interest bearing bank
account, not commingled with any other funds of the Association, to
be held in trust by the Association for such purposes.
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10.11 Special Assessments. In addition to other Assessments
for which provision is made in this Declaration, the Association
shall be and hereby is authorized and empowered to establish, make,
levy, impose, enforce and collect from time to time special
assessments for any purpose directly related to the discharge of
its duties and obligations pursuant to this Declaration (the
"Special Assessments"), provided, however, that any such Special
Assessment shall have the prior approval of greater than fifty
percent (50%) of the total voting power of the members of the
Association who are voting in person or by proxy at a meeting of
the Association duly called for such purpose. Written notice
specifying the nature and amount of the proposed Special Assessment
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must be sent to all members of the Association at least thirty (30)
days in advance of such meeting. All sums collected as Special
Assessments shall be used only for the purpose for which such
Special Assessments are established, made, levied, imposed,
enforced and collected and shall be deposited in a separate
interest bearing bank account, not commingled with any other funds ~
of the Association, and held in trust by the Association for suGh ~
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10.12 Individual Lot Assessments. In addition to any oth~
assessments for which provisions are made in this Declaration, a~
subject to the limitations put on the Association in Section 10..g
the Association shall be and hereby is authorized and empowered to 00
establish, make, levy, impose, enforce and collect against and fr~ ~
a particular Lot and the Owner of such Lot an assessment (the r
Individual Lot Assessment") for:
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(a) costs and expenses incurred by the Association in
bringing a particular Owner of a particular Lot into compliance
with the provisions of this Declaration, including any action taken
or cost or expense incurred by the Association to cure and
eliminate any violation of or noncompliance with the provisions of
this Declaration, following the failure of such Owner, within
fourteen (14) days following written notice from the Association of
the nature of the violation of or non-compliance with this
Declaration, to cure or remedy such violation or noncompliancei
(b) costs and expenses, including reasonable attorneys'
fees, whether or not suit be brought, incurred by the Association
in the enforcement of the provisions of this Declaration against a
particular Lot or the Owner of such Loti
(c) costs and expenses incurred by the Association in
furnishing or providing labor, services and materials which benefit
a particular Lot or the Owner of a particular Lot provided that
such labor, services or materials can be accepted or rejected by
such particular Owner in advance of the Association's furnishing or
providing the same such that upon such Owner's acceptance of any
such labor, services or materials such Owner shall be deemed to
have agreed that the costs and expenses associated therewith shall
be made, levied, imposed, collected and enforced as an Individual
Lot Assessment against such particular Owner and his particular
Loti and
(d) reasonable overhead expenses of the Association
associated with any Individual Lot Assessment, established, made,
levied, imposed, collected and enforced pursuant to this Section
10.12.
10.13 Ouorum for Action Authorized Under Subsection 10.9.6 and
Sections 10.10 and 10.11. The quorum required at any meeting of
the Association for any action authorized pursuant to Subsection
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10.9.6 and Sections 10.10 and 10.11 of this Declaration shall be as
follows: At the first meeting called for the purpose of taking any
such action the presence at such meeting, in person or by proxy, of
members of the Association entitled to cast thirty percent (30%) of
the total voting power of the Association shall constitute a
quorum. If the required quorum is not forthcoming at such first
meeting, a subsequent meeting may be called for the same purpose,
subject to the notice requirements set forth in said Subsection
10.9.6 and Sections 10.10 and 10.11, and the required quorum at any
such subsequent meeting shall be one-half (1/2) of the requir~
quorum at the first meeting provided that no such subseque~
meeting shall be held more than sixty (60) days following the daai
of the first meeting. ~
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10.14 Uniformity of Assessments. Except for Individual L~
Assessments for which provision is made in Section 10.12 of th~
Declaration, and subject to Subsection 10.9.2 and the Developer'~
rights under Subsection 10.9.8, all Assessments shall be uniformly
fixed at an equal amount per Lot and shall be collected on a
uniform basis from the Owner of each Lot.
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10.15 Exempt Property. Any property, other than a Lot, which
is owned by or dedicated to and accepted by any governmental body
or agency, shall be exempt from any Assessments. All property
otherwise exempted from taxation by the laws of the State of
Florida or the United States of America shall also be exempt from
all Assessments; but only upon the same terms, subject to the same
conditions and only to the extent of any such exemption from
taxation.
10.16 Subordination of Assessment Lien. The lien of and for
all Assessments provided for in Article X shall be and is hereby
made junior, inferior and subordinate in all respects to the lien
of any bona fide first mortgage held by an Institutional Lender
upon a particular Lot recorded prior to the recording by the
Association of a claim of lien for delinquent Assessments in the
Public Records of the County. The sale, transfer or conveyance of
ti tIe to a particular Lot shall not affect the effectiveness,
viability or priority of any Assessment lien or the personal
liability of the Owner of such Lot for the paYment of any
Assessment; provided, however, that the sale, transfer or
conveyance of title to a particular Lot pursuant to judicial
proceedings in foreclosure of, or pursuant to deed in lieu of
foreclosure related to, a bona fide first mortgage on such Lot held
by an Institutional Lender shall extinguish the lien of such
Assessments other than those evidenced by the recording of a claim
of lien prior to the recording of the mortgage (but not the
personal liability of the Owner of such Lot) as to paYments on
account thereof which became due and payable prior to such
foreclosure sale, transfer or conveyance. However, no such
foreclosure sale, transfer or conveyance shall relieve such Lot or
the Owner of that Lot from the personal obligation or liability for
42
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the payment of any Assessments accruing or becoming due and payable
subsequent to such sale, transfer or conveyance from the lien
thereof.
10.17 Certificate of Assessments Due. The Association shall,
upon the request of an Owner or any other interested party, furnish
a certificate executed by its President, Vice President, Secreta~
Treasurer or any other officer thereunto duly authorized, setting
forth whether Assessments payable with respect to a particular Loz
have been paid, the amount of the delinquency, if any, and t~
amounts of any outstanding and unpaid interest, late charges';"!
penalties, costs of collection, including attorney's fees and cour~
costs, if any, associated with any such delinquent Assessments. ~
properly executed certificate of the Association as to the statu~
of Assessments, as aforesaid, shall be binding upon the Association
as conclusive evidence or the status of the payment of any
Assessment therein stated to have been paid or to be delinquent as
of the date of the issuance of such certificate. The Association
shall be entitled to charge and collect a reasonable fee for and as
a condition precedent to the issuance of any such certificate not
to exceed Twenty-five and NO/100 Dollars ($25.00).
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10.18 No Defenses or Offsets. All Assessments shall be payable
in full and at the times due. No defenses or offsets against the
payment of such amount shall be permitted for any reason
whatsoever, including, without limitation, any claim by an Owner
that (i) the Association is not properly exercising its rights and
powers or performing or discharging its duties and obligations as
provided in this Declaration, its Articles or By-Laws; (ii) an
Owner and his family has made, or elected to make, no use of the
Common Property; (iii) the Owner and his family have otherwise made
a purported waiver or elected to waive their membership in the
Association; or (iv) the Association has suspended the right,
privilege and easement of such Owner and his family to use the
Common Property as provided in Section 9.5 of this Declaration.
10.19 Waiver of Homestead and Other Exemptions. Each Owner, by
the acceptance of a deed or other conveyance to his Lot, shall, to
the extent permitted by applicable law, be deemed to have waived,
to the extent of any lien for Assessments at any time imposed upon
such Lot pursuant to this Declaration, the benefit of any homestead
or similar exemption laws of the State of Florida or the United
States of America now in effect or hereafter enacted.
ARTICLE XI
NON-PAYMENT OF ASSESSMENTS
11.1 Delin~ency. Any Assessment established, made, levied or
imposed by the Association pursuant to and in accordance with this
Declaration which is not paid on its due date shall be deemed to be
delinquent on that date. With reasonable promptness after any
Assessment becomes delinquent, the Association shall provide
written notice of such delinquency to the Owner of the Lot with
43
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respect to which such delinquent Assessment has been made, levied
and imposed. If the delinquent Assessment is not paid within ten
(10) days following the delivery of such notice of delinquency, the
Association, in its discretion, shall be entitled to immediately
impose a reasonable late charge associated with the administration
of such delinquent Assessment. Addi tionally, any such unpaid
Assessment shall bear interest from the date of delinquency at th~
highest rate then allowed by the laws of the State of Florida. ~
11.2 Notice of Lien. The Association shall, at any timeS
following the expiration of a period of ten (10) days following th~
aforesaid delivery of the notice of delinquency, be entitled ton
cause a Claim of Lien for such delinquent Assessments to be filed~
among the Public Records of the County. Any such Claim of Lien~
shall, among other things, state and identify the legal description
of the Lot against or with respect to which the lien is claimed,
the name of the record Owner of such Lot as best known to the
Association as determined from its records, the amount of the lien
claimed, including the amount of interest accrued and the rate of
accrual, late charges, and costs and expenses associated with
collection, including attorneys' fees, if any, accrued to the date
of the execution of such Claim of Lien. Such Claim of Lien shall
be executed by the President, Vice President, Secretary, Treasurer
or other officer of the Association thereunto duly authorized by
the Association or by the attorney for the Association. Within
seven (7) days of the recording of the same, a copy of such Claim
of Lien shall be sent to the Owner of the Lot against or with
respect to which such lien is claimed.
11.3 Foreclosure of Assessment Lien. The Association shall,
at any time subsequent to the filing of the aforesaid Claim of Lien
among the Public Records of the County against or with respect to
a particular Lot, be entitled to bring an action in the Circuit
Court of the Eighteenth Judicial Circuit in and for the County to
foreclose the lien.of the Association for delinquent Assessments
evidenced by such Claim of Lien in the same manner as mortgage
liens are foreclosed. Any judicial sale pursuant to such
foreclosure action shall be conducted as ordered by the Court or in
accordance with the provisions of Section 45.031 Florida Statutes
(1995), as amended or replaced from time to time. The Association
shall have the right and power to bid at any foreclosure sale with
respect to any lien foreclosed by it using its judgment for the
delinquent Assessment, Association funds, and funds otherwise
borrowed by the Association for that purpose, and if the successful
bidder at such foreclosure sale, to acquire, own, hold, lease,
sell, mortgage and convey any Lot upon or with respect to which it
has foreclosed its lien for delinquent Assessments.
11.4 Collection from Owner. The Association shall, at any
time following the delivery of the aforesaid notice of delinquency,
also be entitled to bring an action at law for the recovery and
collection of such delinquent Assessment in the Circuit Court of
the Eighteenth Judicial Circuit in and for the County against the
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Owner of the Lot personally obligated for the payment of such
delinquent Assessment. Each Owner of a Lot, by the acceptance of
a deed or other conveyance of the Lot owned by him shall be deemed
to have agreed and consented to the jurisdiction of said Court overLU
the person of such Owner for purposes of any action at law for the~
recovery and collection of any delinquent Assessment for ~ \..0
payment of which he is personally obligated. ~ ~
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11.5 Ju gment Amount. Whether ~n an act~on at equ~ty ~
foreclose the lien of the Association for delinquent Assessments ?t
in an action at law for the recovery and collection of any su~
delinquent Assessment from the Owner of the Lot personal~ 00
obligated for the payments of the same, the Association shall ~ ~
entitled to recover in such proceedings the amount of such CO
delinquent Assessment, together with late charges and interest
thereon, if any, and such costs and expenses, including reasonable
attorneys' fees incurred either at trial level or on appeal,
associated with the enforcement, recovery and collection thereof as
may be awarded by the Court.
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11.6 Remedies Cumulative. The remedies herein provided for
the collection and enforcement of Assessments and the foreclosure
of the lien therefor shall be cumulative and not alternative; it
being expressly provided that any suits brought for the collection
of assessments against the Owner personally obligated and liable
for the payment of the same and for the foreclosure of the lien
herein provided against the Lot involved may be brought
simultaneously as separate counts in the same action.
11.7 Satisfaction of Lien. Upon payment or other satisfaction
of (a) all delinquent Assessments specified in the Claim of Lien,
(b) interest, late charges, costs and expenses of collection,
including attorneys. fees, as aforesaid, which have accrued to the
date of such payment or satisfaction, and (c) all other assessments
which have become due and payable with respect to the Lot with
respect to which a Claim of Lien has been recorded, the President,
Vice President, Secretary, Treasurer or other officer of the
Association thereunto duly authorized, or the attorney for the
Association, shall cause an appropriate release of such Claim of
Lien to be filed and recorded among the Public Records of the
County upon the payment by Owner of the Lot with respect to which
such Claim of Lien was recorded of a reasonable fee to be
determined by the Association, but not to exceed FIFTY AND NO/100
DOLLARS ($50.00) to cover the costs associated with the
administration of the satisfaction of such lien including, without
limitation, the cost of preparing and recording such release.
ARTICLE XII
ASSOCIATION: PURPOSES. DUTIES AND POWERS
12.1 Objects and Purposes and Function. The Association has
been created and established in order to advance the objects and
purposes of this Declaration. The Association shall have exclusive
45
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jurisdiction over and the sole responsibility for the
establishment, levy, imposition, enforcement and collection of all
Assessments for which provision is made in this Declaration, the
administration, regulation, care, maintenance, repair, restoration,"~
replacement, preservation and protection of the Common Proper~,~
the payment of all Common Expenses, as defined in this Declarati~, .~
and the promotion and advancement of the health, safety and gene~l~
welfare of the members of the Association; all as more particula~
provided in this Declaration and in the Articles of Incorporati~,
By-Laws and rules and regulations of the Association. g __
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12.2 Duties and Powers. Generally. In addition to tho~ W
duties and powers conferred by law and those specified and ~
enumerated in its Articles of Incorporation and By-Laws, the
Association shall also have such duties and powers as are,
respectively, imposed and conferred upon it pursuant to this
Declaration, including, without limitation, such duties and powers
as may be reasonably imposed from, necessary for and incidental to
the accomplishment of the obj ects and purposes for which the
Association has been created and established.
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12.3 Duties of Association. The Association, acting by and
through its Board of Directors, shall, in addition to those general
and specific duties, responsibilities and obligations imposed upon
it by law and those specified in its Articles of Incorporation and
By-Laws, have the following specific duties, responsibilities and
obligations:
12.3.1 Payment of Common E~enses. To pay all Common
Expenses and any other expenses for which Assessments are made
associated with the management and administration of the
business and affairs of the Association and all other Common
Expenses and any other expenses for which Assessments are made
for which provision is made in this Declaration.
12.3.2 Levy and Collection of Assessments. To
establish, make, levy, impose, enforce and collect all
Assessments for which provision is made in this Declaration or
which shall otherwise be necessary to provide and assure the
availability of such funds as may be reasonably necessary to
pay all Common Expenses or otherwise conduct the business and
affairs of the Association.
12.3.3 Other Services. To provide and perform such
other services and tasks, the responsibility for which has been
expressly or impliedly delegated to the Association pursuant to
this Declaration.
12.3.4 Insurance. Subject to the Board's sole
discretion in determining the types of insurance coverages to
purchase and the amounts thereof, to provide adequate insurance
protection on and for the Common Property and, consistent with
their respective duties, responsibilities and liabilities,
46
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provide adequate insurance protection on and for the
Association itself and its officers and directors, as well as
for the members of the Architectural Review Board established
pursuant to this Declaration.
12.3.5 Preserve and Enhance Beauty of St. Johns
Landing. To preserve, protect, maintain and enhance the
appearance and natural beauty of the Common Property and St.
Johns Landing Community generally.
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12.3.6 Promotion of Health. Safety and Welfare. To
advance, promote, enhance and protect the health, safety and
general. welfare of the members of the Association, the ~
residents of St. Johns Landing and the St. Johns Landing
Community generally; provided, however, that the Association
shall be and hereby is specifically prohibited from engaging in
any political activity or any other activity whereby its status
as a corporation not-for-profit or its exemption from Federal
or state income taxation, if any, shall be forfeited or
jeopardized.
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12.3.7 Establish and Enforce Rules and Regulations.
To make, establish, promulgate and publish, and to enforce such
rules and regulations for the protection, and governing the
use, of Common Property as the Board of Directors of the
Association deems to be in the best interest of the Association
and its members.
12.3.8 Other Activities. To engage in any and all
other activities permitted to be engaged in by a corporation
not-for-profit under the laws of the State of Florida as may be
necessary or appropriate for the achievement of the objects and
purposes for which the Association has been created, formed and
established.
12.3.9 Operate Without Profit. To operate without
profit for the sole and exclusive benefit of its members and
the St. Johns Landing Community.
12.4 Powers of Association. The Association, acting by and
through its Board of Directors, shall, in addition to those general
and specific powers conferred upon it by law and those powers
specified in its Articles of Incorporation and By-Laws, have the
following specific powers:
12.4.1 Own and Deal with Common Property. Except as
may be limited by the terms of this Declaration and the
Articles of Incorporation and By-Laws of the Association, to
acquire, own, hold, control, administer, manage, operate,
regulate, care for, maintain, repair, replace, restore,
preserve, protect, insure, buy, sell, lease, transfer, convey,
encumber or otherwise deal in or with real or personal
property, (or any interest therein, including easements) which
47
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is, or upon its acquisition by the Association shall thereupon
become, Common Property as defined in this Declaration,
including the power to enter into any leases or other
arrangements with appropriate governmental agencies necessary
for the use of sovereignty lands associated with any of the~
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12.4.2 Levy and Collect Assessments. To establi~, ~
make, levy, impose, enforce and collect all Assessments and
impose, foreclose and otherwise enforce all liens ~r
Assessments for which provision is made in this Declaration~n
accordance with the terms and provisions of this Declaratign~
and ~he. Articles of Incorporation and By-Laws of ~e~
Assocl.atl.on.
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12.4.3 Establish Reserves. To create, establish,
maintain, and administer such capital expenditure reserves and
other reserve funds or accounts as shall, in the discretion of
the Board of Directors, be reasonably necessary to provide and
assure the availability of funds necessary for the care,
maintenance, repair, replacement, restoration, preservation,
and protection of all Common Property, including all easements
and facilities, and for such other purposes as the Board of
Directors of the Association, in its reasonable discretion
shall deem necessary or appropriate.
12.4.4 Sue and Be Sued. To sue and be sued and to
defend any suits brought against it.
12.4.5 Borrow Money. Subj ect to the limitations
specified in Section 12.5 of this Declaration and in the
Articles of Incorporation of the Association, to borrow such
money as may reasonably be required to discharge and perform
the duties, responsibilities and obligations imposed upon the
Association pursuant to this Declaration and the Articles of
Incorporation of the Association.
12.4.6 Employ and Contract. To employ such persons or
to contract with such independent contractors or managing
agents as shall be reasonably required in order for the
Association to carry out, perform and discharge all or any part
of its duties, obligations and responsibilities pursuant to
this Declaration and the Articles of Incorporation of the
Association; provided, however, that any such emploYment
contract or contract with any independent contractor or
managing agent for a term of more than one (1) year shall, by
its express terms, be terminable (i) for cause at any time upon
not more than thirty (30) days written notice by the
Association and (ii) without cause at any time after one (1)
year upon not more than sixty .(60) days written notice by
either party; and, provided further, that any such contract
shall otherwise be subject to the provisions of Section 12.5 of
this Declaration.
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12.4.7
Intentionally Blank.
12.4.8 Provide Public or Ouasi Public Services.
Subject to the rights of the City under applicable franchise
agreement, to itself provide equipment, facilities a~
personnel or to contract with an independent contractor ~
independent contractors, for such public or quasi publix
services as may be deemed by the Association to be reasonabl~
necessary or desirable for the common health, safety ani:h
general welfare of the residents of St. Johns Landing and th~
St. Johns Landing Community generally, including, withouP
limitation, internal security and protection services, garbag~
and trash pickup and disposal services, cable television
services and street lighting services.
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12.4.9 Enforce Declaration. To take such steps as may
be necessary to enforce the provisions of this Declaration,
including, without limitation the employment of counsel and the
institution and prosecution of litigation to enforce the
provisions of this Declaration including, without limitation,
such litigation as may be necessary to collect assessments and
foreclose liens for which provisions are made in this
Declaration.
12.4.10 Stormwater Management System. The Association
shall be responsible for the maintenance, operation and repair of
the Stormwater Management System including, but not limited to, the
roadway and rear-yard under-drains. Maintenance of the Stormwater
Management System(s) including, but not limited to, the roadway and
rear-yard under-drains, shall mean the exercise of practices which
allow the systems to provide drainage, water storage, conveyance or
other surface water or stormwater management capabilities as
permitted by the SJRWMD. The Association shall be responsible for
such maintenance and operation. Any repair or reconstruction of
the Stormwater Management System including, but not limited to, the
roadway and rear-yard under-drains, shall be as permitted, or if
modified as approved, by the SJRWMD or the City to the extent that
the City has any jurisdiction over such system.
12.5 Limitations and Restrictions on Power of Association. In
addition to such other restrictions or limitations on the powers of
the Association as may be imposed by law, elsewhere in this
Declaration or in the Articles of Incorporation or By-Laws of the
Association, and without limiting the generality of any thereof,
the Association shall be prohibited from taking any of the
following actions without the prior approval of a majority of the
total voting power of the Association.
12.5.1 Contracts for a Term in Excess of One Year. The
entry into employment contract or other contracts for the
delivery of services or materials to the Association having a
term in excess of one (1) year, except in the case of prepaid
insurance, casualty or liability contracts or policies for not
49
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more than three (3) years duration; provided that the
applicable contract or policy provides for and permits early
cancellation by the insured.
12.5.2 Pledge of Assessment Rights. The borrowing of
any funds secured by a pledge, assignment or encumbrance of the~
right and duty of the Association to exercise its power J;o :...J
establish, make levy, impose, enforce and collect anY'4)
Assessments for which provision is made in this Declarat~n~
whereby as a result of such pledge, assignment or encumbra~e
such right and power of assessment may be exercised by a pa~y
other than the Association or whereby the Association sh~l
become obligated to establish, levy, enforce and collect aay--
Assessment or Assessments in a particular amount or withi~a~
particular time so as to effectively divert from the w
Association and its Board of Directors the right, duty and
discretion to establish, make, levy, impose, enforce and
collect Assessments in such amounts and within such time
periods as the Board of Directors of the Association, in its
discretion, shall deem to be necessary and reasonable. It is
expressly provided, however, that the foregoing limitation and
restriction upon the pledge, assignment or encumbrance of the
assessment rights herein contained shall not preclude the
Association from pledging or making an assignment of or
otherwise encumbering any Assessment which is then payable to
or which will thereafter, in the ordinary course of the
Association I s business, become payable to the Association
provided that any such assignment, pledge or encumbrance,
though then presently effective, shall allow and permit any
such Assessments to continue to be paid to and used by the
Association as set forth in this Declaration unless and until
the Association shall default on the repaYment of the debt
which is secured by such pledge, assignment or encumbrance.
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12.5.3 Sale or Transfer of Real Property. The sale,
transfer or other disposition, whether or not for
consideration, of any real property owned by the Association as
Common Property; provided, however, in no event shall the
Association be entitled or empowered to sell, conveyor
transfer any real property constituting Common Property
transferred and conveyed by Developer to the Association
pursuant to the provisions of Section 9.1 of this Declaration
without first receiving the prior written consent of Developer.
Further, upon the request of Developer, the Association shall
re-convey to Developer any Common Property previously conveyed
by Developer to the Association, in the event such original
conveyance was made in error or in the event Developer modifies
the development plan for St. Johns Landing in such manner as to
require the incorporation of the affected Common Property into
Residential Property use. Any such reconveyance to Developer
shall automatically cause all of the easements created under
Article XIV or the Plat to be automatically void, released and
vacated without the requirement of any written release from any
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easement holder. Notwithstanding anything to the contrary
contained in the foregoing, the Association shall not be
permitted to sell, transfer or otherwise dispose of any lands
upon which such is contained any part of the Stormwater
Management System, or any facilities associated with the
operation of such system, without the prior written consent of
the SJRWMD and the City.
12.5.4 Payment of Compensation to Officers or Director~
The paYment of compensation to the elected directors or !
officers of the Association for services performed in t
conduct of their duties is prohibited; provided, however, th
nothing herein contained shall preclude the Association fr~
reimbursing any such elected director or officer for reasonab~
expenses actually incurred and paid by any such electea
director or officer in the conduct of the business and affai1S
of the Association; and provided, further, that nothing here~n
contained shall preclude the emploYment by the Association and
paYment of compensation to a manager or executive director of
the Association who shall not be an elected director or officer
of the Association.
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ARTICLE XIII
ASSOCIATION. MEMBERSHIP AND VOTING RIGHTS
13.1 Membership. Every Owner shall automatically and
mandatorily be a Member of the Association upon becoming an Owner.
Additionally, Developer shall automatically and mandatorily be a
member of the Association. Membership may not be refused, waived
or surrendered, but a member's voting rights and use and enjoYment
of the Common Property may be regulated or suspended as provided in
this Declaration and the Articles of Incorporation, By-Laws and
rules and regulations of the Association.
13.2 Transfer of Membership. Membership in the Association
shall be appurtenant to and may not be separated from the ownership
interest of an Owner in the Lot owned by such Owner. The
membership of an Owner in the Association shall not be transferred,
pledged or alienated in any way, except that such membership shall
automatically be transferred and assigned to a transferee upon the
transfer of the ownership interest required for membership in the
Association. The Association shall have the right to record any
such automatic transfer upon the books and records of the
Association without any further action or consent by the
transferring Owner or any transferee Owner. Any attempt to make a
prohibited transfer of membership, however, shall be void and of no
force and effect and will not be reflected upon the books and
records of the Association.
13.3 Members I Rights. The rights of every Member of the
Association shall be subject to and governed by the terms and
provisions not only of this Declaration, but, in addition, shall at
51
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all times be subject to the terms and prov~s~ons of the Articles of
Incorporation, ByLaws and Rules and Regulations of the Association.
13.4 Intentionally Blank.
13.5 Voting Rights. An Owner I s right to vote shall vest
immediately upon such Owner I s qualification for membership as
provided in this Declaration and the Articles of Incorporation and
Bylaws of the Association. All voting rights of a member shall b~
exercised in accordance with and subject to the restrictions an~
limitations provided in this Declaration and in the Articles o~
Incorporation, and By-Laws of the Association. ~
13.6 Classes of Voting Membership: Number of Votes. Th~
Association shall have two (2) classes of voting membership aSrl
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13.6.1 Class A. Class A Members shall be all Qwners
of Lots, with the exception of Developer until Class B
membership has been converted to Class A membership as provided
in Subsection 13.6.2 of this Declaration and in the Articles of
Incorporation of the Association, and after such conversion all
Owners of Lots classified as Residential Property shall be
Class A Members. Class A Members shall be entitled to one (1)
vote for each Lot in which they hold the ownership interest
required for membership; provided, however, that in the event
that (i) two (2) or more contiguous Lots or (ii) one (1) Lot
and a portion of another Lot contiguous thereto are owned in
common by the same Owner and combined, developed and improved
by such Owner as a single unified residential homesite, the
Owner of any such combination of Lots shall only be entitled to
one (1) vote for each such combination of Lots so owned. When
more than one person or entity holds the ownership interest
required for membership in the Association, each such person or
entity shall be a member, but the single vote of such Members
with respect to the Lot owned by them shall be exercised as
those holding a majority interest in the Lot determine.
However, in no event shall more than one (1) Class A vote be
cast with respect to any Lot which is owned by more than one
person or entity. The Association may, but shall not be
obligated to, recognize the vote or written assent of any co-
owner of a Lot, but the Association shall recognize the vote or
written assent of a particular co-owner who or which is
designated by a majority interest of all co-owners entitled to
cast the vote attributable to the Lot owned by such co-owners,
provided that such written designation shall be delivered to
the Association not less than twenty-four (24) hours prior to
the taking of the particular vote in question.
13.6.2 Class B. The Class B Member shall be the
Developer. The Class B Member shall be entitled to five (5)
votes for each Lot in which Developer holds the ownership
interest required for membership; provided, however, that Class
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B membership shall cease and be converted to Class A membership
when the total votes outstanding in Class A membership exceeds
the total votes outstanding in Class B membership, at which
time Class B membership shall automatically be terminated and
the Class B Member shall be entitled and required to vote as a
Class A Member. Developer intends to develop thirty-one (31)
Lots in the Subject Property, and effective as of the date of
this Declaration Developer shall have five (5) Class B votes
for each of such thirty-one (31) Lots, regardless of whether
any or all of such Lots have been included in a recorded pla~
of all or a portion of the Subject Property. Further, in thax
event that the plats of the Subject Property create more tha~
thirty-one (31) Lots, Developer shall also have five (5) Class-
B votes for each Lot in excess of the original estimate o~
thirty-one (31) Lots, from the date of recordation of theo
plat(s) which incorporate the increase in the number of Lots.~
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13.7 Intentionally Blank.
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13.8 Approval by Members. Unless elsewhere otherwise
specifically provided in this Declaration or the Articles of
Incorporation or By-Laws of the Association, any provision of this
Declaration or the Articles of Incorporation and By-Laws of the
Association which requires the vote or approval of a majority or
other specified fraction or percentage of the total voting power of
the Association shall be deemed satisfied by either, both or a
combination of the following:
(a) The vote in person or by proxy of the majority or
other specified fraction or percentage of the total voting
power of the Association at a meeting duly called and noticed
pursuant to the provisions of the By-Laws of the Association
dealing with annual or special meetings of the Members of the
Association.
(b) Written consents signed by the majority or other
specified fraction or percentage of the total voting power of
the Association.
ARTICLE XIV
EASEMENTS
14.1 Easements Generally. Developer, on behalf of itself and
for the benefit, where so stated, of the City, the Association, all
Owners, and other specified parties, and also for the benefit of
all real property from time to time included within the Subject
Property, hereby creates, declares and reserves the following
easements upon those affected portions of the Subj ect Property
hereinafter specified:
14.1.1 Utility Easements. There are hereby created,
declared, granted and reserved for the benefit of Developer,
the City, the Association, all Owners and any public or private
53
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providers of utility services to the Subject Property and their
respective successors and assigns a non-exclusive easement for
utility purposes (the "Utility Easements") over, under, within
and upon the Common Streets and Roads and all utility easements
and easement areas shown on the Plat or otherwise reserved,
declared or created pursuant to this Declaration for the
purposes of constructing, installing, inspecting, maintaining,
repairing and replacing from time to time any and all utility
lines, systems and facilities from time to time located therein
or thereon. The utilities contemplated to be served by such
Utility Easements shall include, without limitation, tho~
providing electric power, natural gas, telephone, potab~
water, sanitary sewer, cable television and electronic securi~
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14.1.2 Stormwater Easements. There is hereby create~
declared and reserved for the benefit of Developer, the CitYn
the Association and all Owners a non-exclusive easement far
stormwater management, collection, retention, detention and
drainage under, over, upon and within all drainage easements,
ponds and tracts shown on the Plat or otherwise reserved,
declared or created pursuant to this Declaration, and all
Common Roads and Streets, together with an easement and license
in favor of the Developer, the City, the SJRWMD and the
Association only to enter upon such areas, and as necessary
other portions of the Subject Property adjacent thereto, for
the purposes of constructing, installing, inspecting,
maintaining, repairing and replacing any and all stormwater
drainage systems, improvements and facilities including, but
not necessarily limited to, berms, swales and retaining walls,
from time to time located therein or thereon consistent with
the Construction Plans. Additionally, Developer, for the
benefit of itself, the City, the SJRWMD, the Association and
all Owners hereby reserves easements over any and all other
portions of the Subject Property as may be reasonably required
from time to time in order to provide stormwater drainage to
all or any portions of the Subject Property; provided, however,
that any such additional drainage easements shall not
unreasonably interfere with the use and enjoYment by any Owners
of the particular Lots or any Improvements from time to time
placed, located, constructed, erected or installed thereon.
The foregoing easements are sometimes hereinafter referred to
as the "Stormwater Easements".
The Developer intends to construct berms and drainage
swales within portions of the Stormwater Easements identified
on the Plat for the purpose of managing and containing the flow
of excess surface water, if any. Each Owner, including
builders, shall be responsible for the maintenance, operation
and repair of the berms and drainage swales on their respective
Lots. Likewise, the Association shall be responsible for the
maintenance, operation and repair of the berms and drainage
swales that are not located on a Lot (e.g. within the Common
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Property). Maintenance, operation and repair shall mean the
exercise of practices, such as mowing and erosion repair, which
allow the berms and drainage swales to provide drainage, water
storage, conveyance or other stormwater management capabilities
as permitted by the SJRWMD. Filling, excavation, construction
of fences or otherwise obstructing the surface water flow in
the swales is prohibited. No alteration of the berms and
drainage swales shall be authorized and any damage to any berms
and drainage swales, whether caused by natural or human-induced
phenomena, shall be repaired and the berms and drainage swale~
returned to their former condition as soon as possible by t~
party (i.e. Owner or the Association) having responsibility f~
the maintenance of the damaged berms and drainage swales. ~.
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14.1.4 Wall and Landscape Easements. There is hereb~
created, declared, granted and reserved for the benefit or
Developer and the Association an easement over and upon all
wall and landscape easement areas shown on the Plat (the "Wall
and Landscape Easements") together with the easement and
license to enter upon such Wall and Landscape Easement areas
for the purposes of erecting, constructing, installing,
inspecting, maintaining, repairing and replacing any and all
screening walls or fences, and the installation and irrigation
of any landscaping therein, which may be required by the City
and/or deemed to be necessary or desirable by Developer or the
Association.
14 . 1. 3
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14.1.5 Planting and Screening Easements. There is
hereby created, declared, granted and reserved for the benefit
of Developer and the Association an easement for planting and
screening purposes (the "Planting and Screening Easements")
over and upon all planting and screening easement areas, entry
ways, medians and landscape buffers shown on the Plat, if any,
or hereafter declared by Developer, together with the easement
and license to enter upon such areas for the purposes of
installing, maintaining, inspecting, repairing and replacing
any and all landscaping, including trees, grasses, shrubs,
bushes, ground covers and other plant materials and irrigation
systems of any kind, whether the same shall be required by the
City and/or deemed necessary or desirable by Developer or the
Association.
14.1.6 Conservation Easements. It is hereby
established that the conservation easement areas shown on the
Plat (the "Conservation Areas") are permanent, private
Conservation Easements (the "Conservation Easements") in
perpetuity, as defined in Section 704.06, Florida Statutes
(1995), for the perpetual, non-exclusive benefit of Developer,
the City, and the Association and same shall be of the nature
and character and to the extent hereinafter set forth. The
purpose of the Conservation Easements is to assure that the
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Conservation Areas will be retained forever in their existing
natural condition and to prevent any use that will impair or
interfere with the environmental value of said lands.
Notwithstanding anything in the foregoing to the contrary,
Developer hereby reserves unto itself, its successors and
assigns, including the Association and any Owner, the right to
construct, use, maintain, repair and replace wi thin those
portions of the Conservation Areas other than the area known
generally as the Archeological Preservation Area, which area is
particularly described on Exhibit "B" attached hereto and bfa
this reference incorporated herein (the "Archeologica:g:
Conservation Area"), the Community Dock and any other Docks a~
permitted by this Declaration, provided that the Developer,~
Association or such Owner obtains all necessary permits for th~
construction of such docks, but further provided, however, tha~
the existence of the Conservation Easements shall not serve a~
a reason for denial of such permits. In furtherance of the?
foregoing reservation of rights to construct, use, etc. the
Community Dock and Docks, Developer hereby establishes that it
shall not be inconsistent with the purpose of the Conservation
Easements for the Developer, the Association or any Owner to
construct, use, maintain, repair and replace the Community Dock
or Docks within the portions of the Conservation Areas other
than the Archeological Conservation Area, and the purpose of
the Conservation Easements shall be deemed to reserve and
include a right in favor of the Developer, the Association or
any Owner, to construct, use, maintain, repair and replace the
Community Dock or Docks within the portions of the Conservation
Areas other than the Archeological Conservation Area.
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Developer further hereby reserves unto itself, its
successors and assigns, including the Association and any
Owner, the right to remove from the Conservation Areas any
nuisance vegetation or exotic species of vegetation, provided
that the integrity of the wetland community within such lands
is not disrupted. In furtherance of the foregoing reservation
of rights to remove vegetation, Developer hereby declares that
it shall not be inconsistent with the purpose of the
Conservation Easements for Developer, the Association or any
Owner to remove vegetation from the Conservation Areas to the
extent provided above, and the purpose of the Conservation
Easements shall be deemed to reserve and include a right in
favor of Developer, the Association or any Owner, to so remove
vegetation from within the Conservation Areas.
To carry out the purpose of the Conservation Easements,
the following rights, prohibitions and restrictions are hereby
established:
(a) Any activity on or use of the Conservation Easements
inconsistent with the purpose of the Conservation Easements is
prohibited. Without limiting the generality of the foregoing,
the following activities and uses are expressly prohibited:
56
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(i) constructing or placing buildings, roads, signs, billboards
or other advertising, utilities or other structures on or above
the ground (except as expressly provided in the first paragraph
of this Subsection 14.1. 6), (ii) dumping or placing soil or
other substance or material as landfill or dumping or placing
of trash, waste or unsightly or offensive materials, (iii)
removing or destroying trees, shrubs, or other vegetation
(except as expressly provided in the second paragraph of this
Subsection 14.1.6), (iv) excavating, dredging or removing loam,
peat, gravel, soil rock or other material substances in such a
manner as to affect the surface, (v) surface use, except for
purposes that permit the land or water area to remain
predominantly in its natural condition, (vi) activities
detrimental to drainage, flood control, water conservatio~
erosion control, soil conservation, or fish and wildlif~
habitat preservation, (vii) acts or uses detrimental to suc~
retention of land or water areas, (viii) acts or use~
detrimental to the preservation of the structural integrity o~
physical appearance of sites or properties of historicalg
architectural, archaeological, or cultural significance. .
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(b) Developer reserves unto itself, and its successors
and assigns, all rights accruing from its ownership of the
Conservation Areas, including the right to engage in or permit
or invite others to engage in all uses of the said lands, that
are not expressly prohibited herein and are not inconsistent
with the purpose of the Conservation Easements.
(c) Developer, subject to the reasonable approval by the
City, by a recorded instrument may extend the benefit of the
Conservation Easements established by this Subsection 14.1.6 to
(i) any adjoining lands, or (ii) any homeowners, condominiums,
cooperative or similar association now or hereafter formed with
respect to any adjoining lands, or (iii) any association, non-
profit corporation, trust, or other organization that maintains
similar preservation areas in the Tuscawilla development, or
(iv) any combination of the foregoing. Developer, however, may
not extend any benefit to the general public, including any
right of entry or access. Such easements may be terminated
only by (i) the taking by a governmental entity of the
Conservation Easements or the Conservation Easement areas by
condemnation or eminent domain, (ii) an entry of final judgment
by a court of competent jurisdiction that, because of change of
circumstances, the purpose of such easements no longer
reasonably can be accomplished, or (iii) the City.
(d) The Conservation Easements grant no right of access
or entry to the Conservation Areas to the general public or to
any person except the Developer, the Association, and the City,
provided such access by the City is reasonable. Without
limitation, no right of access or entry is granted any Owner,
except the Owner on whose Lot any of the Conservation Areas is
situated, who has a reasonable right of entry to the part of
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the Conservation Areas situated on such Lot for any purpose not
inconsistent with the maintenance of the Conservation Easements
for its intended purposes. Such right of entry is non-
exclusive as to the Developer and the Association, but is
exclusive as to any other person.
(e) To accomplish the purposes stated herein, Grantor
conveys the following rights to the City: (i) to enter upon and
inspect the Conservation Areas in a reasonable manner and at
reasonable times to determine if Developer or its successors
and assigns are complying with the covenants and prohibitions
contained in this Subsection 14.1.6, (ii) to proceed at law o~
in equity to enforce the provisions of this Subsection 14.1.6~
and the covenants set forth herein, and require the restorationz
of areas or features of the Conservation Areas that may b~c
damaged by any activity inconsistent with the Conservatio~
Easements. g
(f) The City may enforce the terms of this Subsection~
14.1.6 at its discretion, but if Developer breaches any term of
this Subsection 14.1.6 and the City does not exercise its
rights hereunder, the City's forbearance shall not be construed
to be a waiver by the City of such term, or of any subsequent
breach of the same, or any other term hereof, or of any of the
City's rights hereunder. No delay or omission by the City in
the exercise of any right or remedy upon any breach by
Developer shall impair such right or remedy or be construed as
a waiver. The City shall not be obligated to Developer, or to
any other person or entity, to enforce the provisions of this
Subsection 14.1.6.
(g) As to the City only, Developer will assume all
liability for any injury or damage to the person or property of
third parties which may occur on the lands subjected to the
Conservation Easements. Neither Developer, nor any person or
entity claiming by or through Developer, shall hold the City
liable for any damage or injury to person or personal property
which may occur on the Conservation Areas.
(h) Nothing contained herein shall be construed to
entitle the City to bring any action against Developer for any
injury to or change in said lands resulting from natural causes
beyond Developer's control, including, without limitation,
fire, flood, storm and earth movement, or from any necessary
action taken by Developer under emergency conditions to
prevent, abate or mitigate significant injury to the aforesaid
lands resulting from such causes.
14.1.7
Intentionally Blank.
14.1.8 Construction and Marketing Easements. There is
hereby created, declared, granted and reserved for the benefit
of Developer together with the right to grant, assign and
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transfer the same to Developer's sales agents and sales
representatives as well as to builders or building contractors
approved by Developer for the construction of residences within
St. Johns Landing, an easement for construction activities upon
Residential Property and an easement for marketing activities
and signs on Residential Property and for the maintenance on
Residential Property from time to time of model centers in
which and from which Developer and its authorized sales agents
and sales representatives and approved builders and building
contractors may engage in marketing and information activities
on a temporary basis during the period of the development of
and construction within St. Johns Landing (the "Construction;
and Marketing Easements"), provided, however, that sucR
marketing activity shall be conducted from and within buildin~
constructed as single family residential dwellings which ar~
temporarily used for such activities and which are thereafte~
to be sold, used and occupied as single family residentia~
dwellings. The location of such model centers within St. JO~
Landing may be changed from time to time by Developer, in it~
sole and absolute discretion.
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14.1.9 Association Easements. There is hereby
created, declared and granted to the Association, such
easements over and upon all or any portion of the Subj ect
Property, as may be reasonably necessary to permit the
Association to carry out and discharge its duties, obligations
and responsibilities under and pursuant to this Declaration and
the Articles of Incorporation, By-Laws and rules and
regulations of the Association (the "Association Easements") .
Such Association Easements shall be in addition to the
Stormwater Easements hereinabove granted to the Association
pursuant to Subsection 14.1.2 of this Declaration.
14.1.10 Common Roads and Streets. There are hereby
created, declared, granted and reserved for the benefit of
Developer, the City, the Association, the Owners and their
invitees, licensees and guests a non-exclusive easement for
vehicular and pedestrian ingress and egress through the Subject
Property over the Common Streets and Roads, and to Developer
and the Association for the purpose of constructing,
installing, inspecting, maintaining, repairing and replacing
from time to time any and all improvements and landscaping from
time to time located or to be located thereon. It is expressly
provided that the rights-of-way over the Common Streets and
Roads are not hereby dedicated to the public and are
specifically declared, created and reserved as private street
rights-of-way and easements for the benefit only of the Subject
Property and only to and for the benefit of those persons or
entities referenced above. Notwithstanding the foregoing,
Developer reserves unto itself and to the Association the right
to dedicate the Common Streets and Roads to the City, and
according to terms acceptable to them. If the Developer elects
59
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to dedicate the Common Streets and Roads to the City after same
have become Common Property owned or controlled by the
Association, the Association shall join into any such
dedication, without consideration, requested by the Developer.
The Association may install guard houses and/or limited access
gates or facilities at the entrance to the Subject Property, in
the sole discretion of Developer or the Association, and the
costs of repair, maintenance and replacement of such shall be
Common Expenses.
14.1.11
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14.1.12 Shoreline Protection Easement. There is here~ ~
created, declared, granted and reserved for the benefit of t~ I
Developer, the City and the Association an easement for t~
protection of the shorelines adjacent to Residential Proper~
(the "Shoreline Protection Easement"). The clearing a@.
alteration of any shoreline vegetation shall be prohibite~ CO
except as specifically permitted in accordance with the Ln
Conservation Easements and any applicable City ordinances and ~
any amendments or additions to such ordinances or any successor
or replacement ordinances.
14.1.13 Sidewalk Easements. There is hereby created,
declared and reserved for the benefit of the Developer, the
Association and all Owners an easement for sidewalk purposes
over, within and upon all Sidewalk Easement areas as shown on
the Plat, or as depicted on the Construction Plans as areas
upon which sidewalks will be constructed, immediately adjacent
to all the Common Streets and Roads within St. Johns Landing
(the "Sidewalk Easements") for the purposes of constructing,
installing, maintaining, repairing and replacing from time to
time the sidewalk system of St. Johns Landing. All such
benefitted parties shall have a non-exclusive easement for
pedestrian ingress, egress and passage over and upon any
sidewalks from time to time located, constructed, installed and
maintained within said Sidewalk Easement areas. As hereinabove
provided in Section 8.37 of this Declaration, the Owner of each
Lot encumbered by a Sidewalk Easement shall be obligated, at
such Owner's expense, to initially install, and to thereafter
maintain, repair and replace, that portion, if any, of the St.
Johns Landing sidewalk system which is to be located on such
Lot.
14 . 1 . 14 Communi ty Dock Easement. There is hereby
created, declared, granted and reserved for the benefit of the
Developer, the Association and all Owners and their invitees,
licensees and guests, a non-exclusive easement for access
through, over and upon the Community Dock. It is expressly
provided that the right of access through, over and upon the
Community Dock is not hereby dedicated to the public and is
specifically declared, created and reserved as a private
60
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easement for the benefit only of those persons or entities
referenced above. The Association may install limited access
gates or facilities at the entrance to the Community Dock, in
its sole discretion, and the costs of repair, maintenance and
replacement of such shall be a Common Expense.
14.2 Future Easements. There is hereby reserved to Developer
and its successors and assigns, together with the right to grant
and transfer the same, the right, power and privilege to, at any
time hereafter, grant to itself, the Association, the City or any~
other parties such other further and additional easements as may be~
reasonably necessary or desirable, in the sole opinion and wit~n~
the sole discretion of Developer, subject to the reasona~e~
approval of the City, for the future orderly development of ~.
Johns Landing in accordance with the objects and purposes set forth
in this Declaration. Any such easement(s) shall be recorded in eRe
Public Records of the County. It is expressly provided, howev4i,--
that no such further or additional easements shall be granted~rOO
created over and upon Residential Property pursuant to trhe~
provisions of this Section 14.2 if any such easement shall.l:"*
unreasonably interfere with an Owner's plans to use or develop a
particular Lot as a single family residential home site. The
easements contemplated by this Section 14.2 may include, without
limitation, such easements as may be required for utility,
drainage, road right-of-way or other purposes reasonably related to
the orderly development of St. Johns Landing in accordance with the
objects and purposes specified in this Declaration. Such further
or additional easements may be hereafter created, granted, or
reserved by Developer without the necessity for the consent or
joinder of the Owner of the particular portion of the Subj ect
Property over which any such further or additional easement is
granted or required.
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ARTICLE XV
ARCHITECTURAL AND LANDSCAPE CONTROL
15.1 Reservation of Architectural and Landscape Control. In
order to ensure that the development of St. Johns Landing will
proceed pursuant to a uniform plan of development and construction
and in accordance with consistent architectural, ecological,
environmental and aesthetic standards which are designed and
calculated to bring about the achievement and creation of, and to
thereafter maintain, preserve and protect, St. Johns Landing as a
pleasant, attractive and harmonious physical environment, Developer
shall have and hereby reserves exclusively unto itself, for the
duration hereinafter specified, the right, privilege, power and
authority to review, approve and control the design, placement,
construction, erection and installation of any and all buildings,
structures and other Improvements of any kind, nature or
description, including landscaping, upon all Residential Property
and all Common Property. Such right and control of Developer shall
be exercised in the manner hereinafter provided in this Article xv.
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15.2 Architectural Review Board Established. The Association
at all times has as a standing committee an Architectural Review
Board, consisting of at least three (3) persons. Architectural
Review Board members are appointed by, and serve at the pleasure
of, the Board. The Board from time to time may designate
alternative members, to serve in the absence of any regular member.
Architectural Review Board members need not be Directors of the
Association or Association members. No Architectural Review Board
member is entitled to compensation for services performed; but the
Board may employ independent professional advisors to the
Architectural Review Board and allow reasonable compensation to
such advisors from Association funds. Any Architectural Review
Board action may be taken by a simple majority of its members, with
or without a formal meeting or joint deliberation, so long as e~h
member is informed in advance of the action proposEi!.
Notwithstanding anything contained herein to the contrary, un~l
such time as the Developer has divested itself of title to all ~f
the Lots, it shall have the right to choose all three (c\)
Architectural Review Board members. ?
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15.3 Architectural Review Board Authority. The Architectural
Review Board has full authority to regulate the exterior appearance
of the Lots to: (i) assure harmony of external design and location
in relation to surrounding buildings and topography; and (ii) to
protect and conserve the value and desirability of the Subject
Property as a first class residential community. The power to
regulate includes the power to prohibit those exterior uses,
structures, conditions, or activities inconsistent with the
provisions of this Declaration or otherwise contrary to the best
interests of all Owners in maintaining the value and desirability
of the Subject Property as a first class residential community.
The Architectural Review Board's authority includes any matter
affecting the exterior appearance of Lots and requiring approval by
the Association under Article VII or the Design Standards Manual.
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15.4 Architectural Review Board Approval. No building,
improvement, structure, addition, landscaping, attachment,
condition, excavation, alteration, or change (including any color
change) may be made, installed, maintained, restored, or permitted
to remain on or to the exterior of any Lot, unless made, installed,
maintained, or restored, as the case may be, completely in
compliance with plans and specifications reviewed and approved by
the Architectural Review Board in advance. Notwithstanding the
foregoing, the Committee's approval is not required for restoration
of any previously approved building, structure, or other item when
the restoration is identical in all respects to the original work,
as approved.
15.5 Objective Standards. In addition to any other express
standard that may be provided by this Declaration, all actions by
the Architectural Review Board must: (i) assure harmony of
external design, materials, and location in relation to surrounding
62
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buildings and topography within the Subject Property; and (ii)
protect and conserve the value and desirability of the Subject
Property as a first class residential community; and (iii) not
conflict with the express provisions of this Declaration, the
Articles of Incorporation, and the By-Laws; and (iv) otherwise be
in the best interests of all Owners in maintaining the value and
desirability of the Subject Property as a residential community.
15.6 Rules and Regulations. The Architectural Review Board
from time to time may adopt and amend reasonable, uniform rules and'~
regulations as to all matters within the scope of its authori~,~
including procedural matters, and may adopt and amend a Des~n N
Standards Manual at any time and from time to time, with any stiih
adoption or amendment to be within the sole and absolute discret~
of the Architectural Review Board, so long as such rules a'fi'd
regulations and any amendments to the Design Standards Manual a~: __
(i) consistent with the provisions of this Declaration, the 00
Articles of Incorporation and the By-Laws of the Association; ana Ln
(ii) if the Board has not constituted itself as the Architectural on
Review Board, approved by the Board before taking effect. Rules
and regulations adopted pursuant to this Section 15.6 have the same
force and effect as the Association's other rules and regulations
and are enforced by the Board in the name of the Association.
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15.7 Subjective Judgment. In addition to complying with the
objective standards of this Declaration, any applicable Design
Standards Manual, and any applicable rules and regulations,
Developer specifically intends the Architectural Review Board
members to exercise an informed, subjective aesthetic judgment as
to any matters within the Architectural Review Board's authority
that is conclusive and binding upon any person affected, absent bad
faith, mistake, or deliberate, intentional discrimination that
cannot be justified on any rational basis. Without limitation, and
in recognition of the fact that each Lot is unique, no
Architectural Review Board action with respect to any particular
Lot necessarily is of any precedential value with respect to any
other Lot. Specifically, the fact that the Architectural Review
Board may have approved or denied a particular installation,
condition, activity, or item with respect to any particular Lot
does not, by itself, constitute grounds for requiring such approval
or denial with respect to any other Lot. Each application for
Architectural Review Board action must be evaluated on its own
merits, with the Architectural Review Board exercising the broadest
discretionary judgment that is consistent with the requirements of
this Declaration.
15.8 Review. The Architectural Review Board from time to time
may appoint one or more persons to make preliminary review of any
applications and report such applications with such person 's
advisory recommendations for Architectural Review Board action.
After the Developer gives up control of the Architectural Review
Board, the Architectural Review Board's procedures for review and
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enforcement of the provisions of this Article in all events and at
all times must provide any affected person with reasonable advance
notice and a reasonable opportunity to be heard in person and
through appropriate representatives of such person's choosing in a
reasonably impartial manner.
15.9 Applications. Any applications for Architectural Review
Board approval must be accompanied by three (3) sets of plans and
specifications, together with such renderings, samples, models, and
other information as the Architectural Review Board reasonably may
require. Any application submitted other than by Owner must attach
the Owner's written consent to the approval requested. Th~
application must include the Owner's street address. Any-x
application for installation of any building or other permanen~
structure must include a landscaping plan and detailed plot plan o~
any permanent improvements and structures. If requested, thefT'
Architectural Review Board may require the preliminary staking o~
such improvements and structures according to such plan for:""
Architectural Review Board inspection. Any application for the.
initial installation of any residential dwelling must also include
a grading and drainage plan and tree survey. Any costs of filing
and processing an application pursuant to this Article are at the
expense of the applicant; and the Association also may impose a
reasonable, uniform application fee to defray the Architectural
Review Board's costs.
15.10 Procedure. Within fourteen (14) days after receiving an
application, the Architectural Review Board either must approve the
application as submitted or notify the applicant of (i) the
Architectural Review Board's decision to deny the application, or
(ii) any additional plans, specifications, drawings, or other items
that the Architectural Review Board will require to act upon the
application, or (iii) both of the foregoing. The Architectural
Review Board's failure to so notify the applicant operates as an
approval of the application as submitted. Upon receiving the
foregoing notice, the applicant may request a hearing before the
Architectural Review Board, at which the applicant, personally and
through representatives of the applicant's choosing, is entitled to
a reasonable opportunity to be heard in a reasonably impartial
manner, after reasonable advance notice. No particular formality
is required for any of the Architectural Review Board's
proceedings, including any hearing, nor is any record required.
Unless the applicant agrees otherwise, the Architectural Review
Board must approve or disapprove any application within fourteen
(14) days after receipt, or within fourteen (14) days after receipt
of all additional plans, specifications, drawings or other items
requested by the Architectural Review Board pursuant to (ii) above.
15.11 Approval. The Architectural Review Board's approval is
deemed given under any of the following circumstances: (i) the
Architectural Review Board fails to deny any application within
fourteen (14) days after receipt, unless the applicant agrees to a
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longer period of time; and (ii) the Committee fails to notify the
applicant of its intent to deny an application, or that further
information is required, within fourteen (14) days after receipt of
an application, as provided in Section 15.10. In all other events,
the Architectural Review Board's approval must be in writing and
endorsed upon two (2) sets of the plans and specifications, one of
which must be returned to the applicant and one retained in the
Association's permanent records for a period of at least two (2)
years. Upon completion of the approved work, the applicant and any
architect, engineer, contractor, or other reasonable professional
must certify to the Association in writing that the work has been
completed substantially according to the approved plans and
specifications; and no Statute of Limitations begins to run in j
favor of any Owner or other applicant with respect to ~uo
substantial non-conformity to the approved plans and specificatidmS~
until such certificate is filed. z
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15.12 Changes. Any change to any plans and specificatidrrs
previously approved by the Architectural Review Board affecti&J-
exterior elements of the Improvements also must be approved by ~ 00
Architectural Review Board as provided in this Article XV, exc~ ~
that the Architectural Review Board will expedite, to the extent 00
practical, any such application that is made while construction is
in progress. The Architectural Review Board in no event is
required to act upon any such application in less than ten (10)
days, however.
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15.13 Notice of Action. No suit, proceeding or other action to
enforce the provisions of this Article XV may be commenced or
continued, nor may any of the provisions of this Article XV be
enforced, against any person who acquires any interest in a Lot
without actual knowledge that a building or other structure
(including walls and fencing) was installed, maintained, or
restored on the Lot, as the case may be, in violation of the
requirements of this Article unless such suit, action, or other
proceeding is commenced within one (1) year after the City has
issued a Certificate of Occupancy or its equivalent. No such
action may be commenced, continued, or otherwise enforced against
any purchaser or creditor who acquires an interest in, or a lien
upon, any Lot for value, other than pre-existing indebtedness, and
without actual knowledge of any such violation, if such purchaser
or creditor obtained a statement under oath from the applicable
Owner that no violation existed on such Lot at the time value was
given or paid. Upon paYment of any reasonable uniform charge that
the Association from time to time may impose to defray its costs,
the Association within ten (10) days after request will issue an
appropriate certificate of compliance or non-compliance, as the
case may be, with the provisi,ons of this Article XV, that is
binding and conclusive as to the information it sets forth, upon
both the Association and any person without actual knowledge to the
contrary.
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15.14 Developer Action. Notwithstanding any prov~s~on of this
Article XV, no Architectural Review Board approval is required for
any residential dwelling or any of its appurtenances constructed by
Developer on any Lot as part of the development of St. Johns
Landing, so long as it otherwise conforms to the applicable
requirements of this Declaration, including the Design Standards
Manual. The foregoing exemption is for the exclusive benefit of
Developer and may not be extended by Developer to any building or
any Owner other than Developer.
15.15 Exculpation for Approval or Disapproval of Plans. The
Developer, the Association, the Architectural Review Board and any
and all officers, directors, employees, agents and members of
either the Developer, the Association, or the Architectural Review
Board shall not, either jointly or severally, be liable or
accountable in damages or otherwise to any Owner or other person or
party whomsoever or whatsoever by reason, or on account of, a~
decision, approval or disapproval of any plans, specifications ~
other materials required to be submitted for review and approv~
pursuant to the provisions of this Article XV, or for any mistaKa
in judgment, negligence, misfeasance or nonfeasance related to &;
in connection with any such decision, approval or disapprovalo
Each person who shall submit plans, specifications or othe?
materials to the Architectural Review Board for consent or approva~
pursuant to the provisions of this Article XV, by the submission
thereof, and each Owner by acquiring title to any Lot or any
interest therein, shall be deemed to have waived the right to, and
shall not, bring any action, proceeding or suit against Developer,
the Architectural Review Board, the Association or any individual
member, officer, director, employee or agent of any of them for the
purpose of recovering any such damages or for any other relief on
account of any such decision, approval, disapproval, mistake in
judgment, negligence, misfeasance or nonfeasance. Plans,
specifications and other materials submitted to and approved by the
Architectural Review Board, or by Developer or the Board of
Directors, as the case may be, are being reviewed and approved
based solely on their compliance with the provisions of this
Declaration and as to aesthetic considerations, no person or entity
shall rely on approval or disapproval of plans and specifications
or any other materials as a representation of any sort regarding
compliance with said construction or building standards, any
applicable Governmental Regulations, including, without limitation,
any applicable building or zoning laws, ordinances, rules or
regulations. By the approval of any such plans, specifications or
materials, neither Developer, the Architectural Review Board, the
Association, nor any individual member, officer, director, employee
or agent of any of them, shall assume or incur any liability or
responsibility whatsoever for any violation of Governmental
Regulations or any defect in the design or construction.
Notwithstanding the foregoing, the areas of exculpation addressed
above are not intended to include a release of the affected persons
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from undertaking their responsibilities in a good faith, diligent
fashion.
ARTICLE XVI
AMENDMENT
16.1 Amendment by Developer. Subj ect to the provisions of
Section 16.5 of this Declaration until Developer no longer holds an
ownership interest in any Lot or other lands within the Subject
Property, the terms and provisions of, and the covenants,
conditions, restrictions, easements and reservations set forth in,
this Declaration may be changed, amended or modified from time to
time by Developer in its sole, but reasonable discretion, and
without requiring the joinder or consent of any person or party
whomsoever, including without limitation, the City, the Association
or any Owner or Owners.
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16.2 Amendment by Association. Subject to the provisions af
Section 16.5 of this Declaration, the terms and provisions of aqg
the covenants, conditions, restrictions, easements and reservations
set forth in this Declaration may be changed, amended, or modifi~
at any time and from time to time by the Association upon t~
affirmative written consent or the vote of not less than seventy~
five percent (75%) of the total voting power of the members of t~
Association; provided, however, that until Developer no longer
holds an ownership interest in any Lot or other lands within the
Subject Property, no such change, amendment or modification by the
Association shall be effective without Developer's prior express
written joinder and consent on the amending instrument.
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16.3 Manifestation of Requisite Consent. In the case of any
change, amendment or modification of this Declaration by the
Association which requires the affirmative written consent or vote
of members of the Association as hereinabove provided in Section
16.2, the acquisition of the requisite written consent or vote of
members shall be manifested on the face of the amending instrument
in a certificate duly executed and sworn to before a Notary Public
by the President, or Vice President, and the Secretary of the
Association affirmatively stating that such requisite affirmative
written consent or vote has, in fact, been acquired or obtained
prior to the recordation of such amending instrument among the
Public Records of the County. Such certificate shall be and
constitute conclusive evidence of the satisfaction of the provision
of Section 16.2 of this Declaration with respect to the change,
amendment or modification of this Declaration effected by the
amending instrument of which such certificate is made a part.
16.4 Effectiveness of Amendments. All changes, amendments or
modifications of this Declaration shall be manifested in a written
amending instrument duly executed by Developer or the Association,
or both, as may from time to time be required pursuant to the
provisions of this Article XVI, and shall be duly recorded among
67
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the Public Records of the County. Such change, amendment or
modification of this Declaration shall be effective as of the date
of such recordation or such later date as may be specified in the
amending instrument itself.
16.5 Limitations on Amendments. Notwithstanding anything to
the contrary set forth in this Declaration, the rights of Developer
and for the Association to change, amend or modify the terms and
provisions of and the covenants, conditions, restrictions,
easements and reservations set forth in this Declaration and any
amendment hereof shall at all times be subject to and limited and
restricted as follows, to wit:
(a) This Declaration and any amendment hereof shall at
all times be subject to the rules, laws, ordinances and codes of
the City.
(b) To the extent that particular rights or interesCE
are expressly conferred herein upon or granted to the City, t~
particular terms and provisions of this Declaration pursuant 5P
which any such rights and interests are conferred upon and grant~.
to the City shall not be changed, amended or modified without t~
prior written consent and joinder of the City. g
(c) To the extent that any term or provision of th~
Declaration may be included herein in satisfaction of any
conditions to approval of the Land Use Plan for the Tuscawilla PUD,
as any conditions to approval may, from time to time, be changed,
amended or modified by the City pursuant to appropriate law or by
action of the City, such terms or provisions of this Declaration
shall not be changed, amended, or modified or otherwise deleted or
eliminated from this Declaration without the prior written consent
and joinder of the City.
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(d) This Declaration may not be changed, amended or
modified in such manner as to terminate or eliminate any easements
granted or reserved herein to Developer or the City, respectively
without the prior written approval of Developer or the City, as the
case may be, and any attempt to do so shall be void and or no force
and effect.
(e) Any amendments to the Declaration which alter the
Stormwater Management System, beyond maintenance in its original
condition, including the water management portions of the common
areas, must have the prior approval of the SJRWMD and the City.
(f) This Declaration may not be changed, amended or
modified in any fashion which will result in or facilitate the
dissolution of the Association or the abandonment or termination of
the obligation of the Association to maintain the Common Property.
68
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(g) This Declaration may not be changed, amended or
modified in any fashion which would affect the Stormwater
Management System for the Subject Property, or its maintenance by
the Association, without the prior written consent and approval of
the SJRWMD and the City.
(h) This Declaration may not be changed, amended or
modified in such fashion as to change, amend, modify, eliminate or
delete the provisions of this Section 16.5 of this Declaration
without the prior written consent and joinder of Developer, in any
case, and to the extent of any proposed change, amendment or
modification which shall affect the rights of the City or the
SJRWMD hereunder, the same shall require the written consent and
joinder of the City, or the SJRWMD, as the case may be.
(i) A copy of any amendment or modification to ~
restatement of, this Declaration shall be delivered to the Ci~
immediately after recording of same in the Public Records of t~
County. ~
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ARTICLE XVII
DURATION
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The terms and provisions of and covenants, condition~
easements, restrictions and reservations set forth in this
Declaration shall continue to be binding upon the Developer and the
Association and upon each Owner and all Owners from time to time of
any portion of the Subject Property and their respective successors
and assigns and all other persons, parties or legal entities having
or claiming any right, title or interest in the Subject Property,
by, through or under any of them, for a period of sixty (60) years
from the date this Declaration is recorded among the Public Records
of the County, after which time this Declaration and the covenants,
conditions, restrictions and reservations set forth herein, as the
same shall have been changed, amended or modified from time to
time, shall be automatically extended for successive periods of ten
(10) years unless an instrument of termination executed by the
Association upon the affirmative written consent or the vote of not
less than ninety-five percent (95%) of the total voting power of
the members of the Association (certified as provided in Section
16.3 of this Declaration), with the consent and joinder of the
City, shall be recorded among the Public Records of the County at
least one (1) year prior to the end of the initial term or any
subsequent extension term of this Declaration. Each of the
easements herein declared to be created, granted or reserved shall
continue to be binding upon Developer and the Association and upon
each Owner and all Owners from time to time of any portion of the
Subject Property and their respective successors and assigns and
all persons, parties and legal entities claiming by, through or
under any of them in perpetuity, unless any such easement shall
have been changed, amended, modified, released or terminated by the
execution and recordation among the Public Records of the County of
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a written instrument or Court order, as the case may be, which, in
either case, is otherwise legally sufficient in all respects to
effect any such change, amendment, modification, release or
termination of any such easement.
ARTICLE XVIII
ENFORCEMENT
18.1 Parties Entitled to Enforce. Subject to the provisions
of Section 18.2 of this Declaration, the terms, provisions,
covenants, conditions, restrictions, easements and reservations set
forth in this Declaration, as changed, amended or modified from
time to time, shall be enforceable by Developer, the Association
and/or any Owner whose membership privileges in the Association ..":.J
have not been suspended as contemplated in Section 13.1.:.,.,.)
Additionally, to the extent that particular rights or interests ~ ~
expressly conferred upon or granted to the City pursuant to th~ ~
Declaration, the particular terms and provisions of th~
Declaration conferring or granting such rights or interests to tme
City shall also be enforceable by the City. Those so entitled ~
enforce the provisions of this Declaration shall have the right be
bring proceedings at law or in equity against the party or parti~ 00
violating or attempting to violate any of said covenants~ an
conditions, restrictions, easements or reservations or against the ~
party or parties defaulting or attempting to default in his, its or
their obligations hereunder in order to (a) enjoin any such
violation or attempted violation or any such default or attempted
default, (b) cause any such violation or attempted violation or
default or attempted default to be cured, remedied or corrected,
(c) recover damages resulting from or occasioned by or on account
of any such violation or attempted violation or default or
attempted default and (d) recover costs and expenses, including
attorneys' and paralegals' fees and costs, incurred in connection
with the enforcement of this Declaration. The SJRWMD and the City
shall have the right to enforce, by a proceeding at law or in
equity, the provisions contained in this Declaration which relate
to the maintenance, operation and repair of the Stormwater
Management System.
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18.2 Limitations on Enforcement Rights. Notwithstanding the
foregoing provisions of Section 18.1 of this Declaration, the right
to enforce the provisions of this Declaration shall be subject to
and limited by the requirement that the Association shall have the
exclusive right to collect Assessments and enforce Assessment
liens. To the extent that specific rights, interests or
reservations are conferred upon or granted or reserved to specific
parties pursuant to this Declaration only those parties upon or to
whom or which such rights, interests or reservations are conferred,
granted or reserved shall have the right to enforce the provisions
of this Declaration relating to such rights, interests or
reservations.
70
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18.3 Enforcement by Owners. Only Developer and the
Association shall have the right to enforce the provisions of
Article XV of this Declaration with respect to architectural and
landscape control. It is expressly provided, however, that if both
Developer and the Association fail, refuse or are unable to
commence enforcement of such provisions within thirty (30) days
following written demand to do so from any Owner, any Owner who
makes such demand and who otherwise has standing to do so, shall
have the right to enforce the provisions of said Article XV;
provided, however, that such right of enforcement shall not include
the right to seek judicial review of discretionary decisions mad~
either by Developer, the Association or the Architectural Revie~
Board where the discretion to make such decision is expressl~
conferred pursuant to this Declaration. ~
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18.4 Attorneys' Fees. In the event that legal or equitable-r,
proceedings are instituted or brought to enforce any of the-
provisions set forth in this Declaration, as changed, amended and
modified from time to time, or to enjoin any violation or attempted
violation or default or attempted default of the same, the
prevailing party in such proceeding shall be entitled to recover,
from the losing party such reasonable attorneys' and paralegals'
fees and court costs as may be awarded by the court rendering
judgment in such proceedings, whether incurred at the trial or
appellate level.
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18.5 No Waiver. Failure by Developer, the Association, any
Owner or the City (only to the extent any right of enforcement is
otherwise granted to or conferred upon the City pursuant to this
Declaration), to enforce any term, provision, covenant, condition,
restriction, easement or reservation herein contained in any
particular instance or on any particular occasion shall not be
deemed a waiver of the right to do so upon any subsequent violation
or attempted violation or default or attempted default of the same
or any other term, provision, covenant, condition, restriction,
easement or reservation contained herein.
18.6 Nuisance. The result of every act or omission, where any
term or provision of, or covenant, condition, restriction,
easement, or reservation set forth in this Declaration is violated,
breached or in default in whole or in part, is hereby declared to
be and constitute a nuisance, and every remedy allowed by law or
equity against a nuisance, either public or private, shall be
applicable against every such result, and may be exercised by
Developer, the Association or any Owner.
18.7 Cumulative Rights and Remedies. In connection with the
enforcement of this Declaration, all rights, remedies of Developer,
the Association, the Owners, and the City (to the extent provided
herein), shall be cumulative, and no single right or remedy shall
be exclusive of any other.
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18.8 Effect of Invalidation. If in the course of an attempt
to enforce this Declaration, any particular provision of this
Declaration is held to be invalid by any court, the invalidity of
such provision shall not affect the validity of the remaining
provisions hereof.
18.9 Exculpation. Developer, the Association, the
Architectural Review Board, and the individual members, officers,
directors, employees or agents of any of them, shall not, jointly
or severally, be liable or accountable in damages or otherwise to~
any Owner or other party affected by this Declaration, or to anyo~e ~
submitting plans or other materials for any required consent or I~
approval hereunder, by reason or on account of any decisio~ N
approval or disapproval required to be made, gi ven or obtainii
pursuant to the provisions of this Declaration, or for any mista~
in judgment, negligence or nonfeasance related to or in connecti~
with any such decision, approval or disapproval. Each person w~
shall submit plans or other materials for consent or approvai CO
pursuant to this Declaration, by the submission thereof, and eaCh ~
Owner of any Lot, by acquiring title thereto or an interest
therein, shall be deemed to have agreed that he or it shall ,not be
entitled to bring and shall not bring any action, proceeding or
suit against Developer, the Association, the Architectural Review
Board, or any individual member or members or officer or officers,
director or directors, employee or employees or agent or agents of
any of them for the purpose of recovering any such damages or other
relief on account of any such decision, approval or disapproval.
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ARTICLE XIX
MISCELLANEOUS PROVISIONS
19.1 Constructive Notice and Acceptance. Every person,
corporation, partnership, limited partnership, trust, association
or other legal entity, who or which shall hereafter have, claim,
own or acquire any right, title, interest or estate in or to any
portion of the Subject Property, whether or not such interest is
reflected upon the Public Records of the County shall be
conclusively deemed to have consented and agreed to each and every
term, provision, covenant, condition, restriction, easement and
reservation contained or by reference incorporated in this
Declaration (including those matters set forth in the Design
Standards Manual), whether or not any reference to this Declaration
is contained in the document or instrument pursuant to which such
person, corporation, partnership, limited partnership, trust,
association or other legal entity shall have acquired such right,
title, interest or estate in the Subject Property or any portion
thereof.
19.2 Personal Covenants. To the extent that the acceptance or
conveyance of a Lot creates a personal covenant between the Owner
of such Lot and Developer, the Association or any other Owner or
Owners, such personal covenant shall terminate and be of no further
72
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force or effect from or after the date when a person or entity
ceases to be an Owner except to the extent that this Declaration
may provide otherwise with respect to the personal obligation of
such Owner for the paYment of Assessments for which provision is
expressly made in this Declaration.
19.3 Governing Law. This Declaration and the interpretation
and enforcement of the same shall be governed by and construed in
accordance with the laws of the State of Florida.
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19.4 Construction. The provisions of this Declaration sh~ W
be liberally construed so as to effectuate and carry out t~ \..0
objects and purposes specified in Article II of this Declarati~. ~
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19.5 Article and Section Headings. Article, Section a~
Subsection headings contained in the Declaration are fer
convenience and reference only and in no way define, describ~ CX)
extend or limit the intent, scope or content of the partictil~ en
Articles, Sections or Subsections in which they are contained or to en
which they refer and, accordingly, the same shall not be considered
or referred to in resolving questions of interpretation or
construction.
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19.6 Singular Includes Plural. Etc. Whenever the context of
this Declaration reasonably requires the same, the singular shall
include the plural and the plural the singular and the masculine
shall include the feminine and the neuter.
19.7 Time of Essence. Time is of the essence of this
Declaration and in the performance of all covenants, conditions and
restrictions set forth herein. Whenever a date or the expiration
of any time period specified herein shall fall on a Saturday,
Sunday or federal banking holiday, the date shall be extended to
the next succeeding business day which is not a Saturday, Sunday or
federal banking holiday.
19.8 Notice. Any notice required or permitted to be given
pursuant to the provisions of this Declaration shall be in writing
and shall be delivered as follows:
(a) Notice to an Owner shall be deemed to have been
properly delivered when delivered to the Owner's Lot, whether said
Owner personally receives said notice or not, or placed in the
first class United States mail, postage prepaid, to the most recent
address furnished by such Owner in writing to the Association for
the purpose of giving notice, or if no such address shall have been
furnished, then to the street address of such Owner's Lot. Any
notice so deposited in the mail shall be deemed delivered forty-
eight (48) hours after such deposit. In the case of co-owners any
such notice may be delivered or sent to anyone of the co-owners on
behalf of all co-owners and shall be deemed to be and constitute
delivery on all such co-owners.
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(b) Notice to the Association shall be deemed to have
been properly delivered upon receipt at the address furnished by
the Association or to the address of its principal place of
business.
(c) Notice to Developer shall be deemed to have been
properly delivered upon receipt at the Developer's address which is
4830 West Kennedy Boulevard, Suite 740, Tampa, Florida 33609.
(d) The affidavit of an officer or authorized agent of
the Association declaring under penalty of perjury that a notice
has been properly mailed to any Owner or Owners to the address or~
addresses shown on the records of the Association, shall be dee~d'~
conclusive proof of such mailing, whether or not such notices ~ ~
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19.9 Development and Construction by Developer. Nothing s~
forth in this Declaration shall be deemed, either expressly ~
impliedly, to limit the right o~ Developer to change, alter or a::J
amend its development plan or plans for the Subject Property, or ~ en
construct such improvements as Developer deems advisable prior to ~
the completion of the development of all of the Subject Property.
Developer reserves the right to alter its development and
construction plans and designs as it deems appropriate from time to
time; subject, however, to all applicable Governmental Regulations,
including, without limitation, those of the City.
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19.10 Assignment of Developer's Rights and Interests. The
rights and interests of Developer under this Declaration may be
transferred and assigned by Developer to any successor or
successors to all or part of Developer's interest in the Subject
Property by an express transfer, conveyance or assignment
incorporated into any recorded deed or other instrument, as the
case may be, transferring, conveying or assigning such rights and
interests to such successor.
19.11 No Warranties. This Declaration is made for the objects
and purposes set forth in Article II of this Declaration and
Developer makes no warranties or representations express or implied
as to the binding effect or enforceability of all or any portion of
the terms and provisions of or the covenants, conditions,
restrictions, easements and reservations set forth in this
Declaration, or as to the compliance of any of the same with public
laws, ordinances and regulations applicable thereto.
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IN WITNESS WHEREOF Developer has caused this Declaration of
Covenants, Conditions and Restrictions to be made and executed as
of the day and year first above written.
Witnesses:
RICHLAND TUSCAWILLA, LTD.,
a Florida limited partnership
Management, Inc., a
corporation, general
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By: OS' ~ ~ ~
Print ~e:~ tlA r-\ Lvl\KtNSo~
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Ti tle: V \ ~e \\(>~}~:a~:i41""~ ~
(CORPORATE SE~~~.... '\ to "<~.L\. CO
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STATE OF f\ 0 (' I<~a.. ~:-;;.. '::J ~;' : ~ I
ss : ':. \y:' ..., ..'v \,..) .-
COUNTY OF \A, \ \s 't,Clt~ h \"~~\i~:~:.i3.'"
The foregoing instrument was acknowledged before me this~~
day of ~~\ , lsPJi by -cr. Q\A.\-1- W \ \ ~vVScJ A.J , the
\r U:..P' . 'Df>~ of Richland Management, Inc. , a Florida
corporation, on behalf of the corporation as general par~~ of
j9.chland Tllscawilla, Ltd., a Florida limited partnership. ~She
~s personally known to m~or has produced
as identification aud wno did/did not take an oath.
By:
Richland
Florida
partner
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Signature of Person Taking
Acknowled~ent \/
Print Name: f\\ \C~\\~ 01 \--\ace~
Title: Notary pUbtt~_
Serial No. (if any) sQ.3ti>CjCj
Commission Expires: '\\\~lDD
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JOINDER AND CONSENT
The undersigned, on behalf of Barnett Bank, N.A., whose mailing
address is 101 East Kennedy Boulevard, Tampa, Florida 33602, as
the holder of: (A) that certain Mortgage and Security Agreement
recorded in Official Record Book 3238, Page 1568, Public Records of
Seminole County, Florida ("Mortgage"); and (B) Assignment of Rents
and Leases recorded in Official Records Book 3238, Page 1580,
Public Records of Seminole County, Florida ("Assignment of Rents");
and (C) Collateral Assignment of Contract and Other Rights recorded
in Official Records Book 3238, Page 1586 Public Records of Seminole
County, Florida ("Collateral Assignment"); and (D) UCC Financing
Statement recorded in Official Records Book 3238, Page 1592, Public
Records of Seminole County, Florida ("Financing Statement") (t~
Mortgage, Assignment of Rents, Collateral Assignment and t~
Financing Statement shall sometimes hereinafter collectively ~
referred to as the "Security Documents"), hereby joins in anp!
consents to the foregoing Declaration of Covenants, Conditions~
Easements and Restrictions for St. Johns Landing and agrees tha~
the lien of the foregoing Security Documents shall be subordinatJP
thereto. ~
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Signed, sealed and delivered
W.elO;~'
Signature I " ~ '
Print Name: W. MJ-S ~~
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Print Name :A/A-"vt!" S '-~/Ir,tJ/5
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BARNETT BANK, N.A.,
By: ~b~,~
N~me : %..L. \~ 'C~o ~~
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(Corporate Seal)
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STATE OF FLORIDA )
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COUNTY OF~ORANGE )
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The fore oing i~trument was
day of ~, 19~, by
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behalf of the corporation. Said
me or [ ] has produced
identification.
Notary Stamp
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acknowledged before me this
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of Barnett Bank, N.A., on
person is [vf personally known to
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Signature of Person Taking ~
Acknowledgment ~
Print Name: ~.~\s~U() g
Title: Notary Public
Serial No. (if any)
Commission Expires:
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WI*: ~ ~ MY """"ftSSIlN, CC 512316
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EXHIBIT "All
(St. Johns Landing)
A portion of Lots 1 and 2, Block "A", D.R. Mitchell's Survey of the
Levy Grant, as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida, and a portion of The Phillip
R. Yonge Grant.
Being more particularly described as follows:
Begin at the Southeasterly corner of said Lot 2, Block "A"; thence
run North 59049'23" West along the Southerly line of said Lot 2,
Block "A", for a distance of 1229.22 feet to a point on t~
Easterly right-of-way line of Tuskawilla Road (formerly Brantl~
Drive) as recorded in Official Records Book 3225, Page 1829 of tiji
Public Records of Seminole County, Florida; thence departing sai~
Southerly line, run North 29047' 02" East along said Easterly right~
of-way line, for a distance of 488.09 feet; thence run Nort1g
2~046'34" East along said E,asterly rig,ht-of-way line, for a""T'l
dlstance of 603 feet plus or mlnus to a pOlnt on the edge of waten-
of Lake Jessup; thence departing said Easterly right-of-way line,
run Southeasterly along said edge of water, for a distance of 1341
feet plus or minus to a point; thence departing said edge of water,
run South 65035'43" West, for a distance of 104 feet plus or minus
to a point on the Easterly line of said Lot 2, Block "A"; thence
run South 05000'21" West along said Easterly line, for a distance
of 369.38 feet to said Point of Beginning.
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Plat of St. Johns Landing
Prepared by: Allen & Company
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EXHIBIT "B"
Archeological Preservation Area
A portion of Lot 1, Block "A", D.R. Mitchell's Survey of the Levy
Grant, as recorded in Plat Book 1, Page 5 of the Public Records of
Seminole County, Florida.
Being more particularly described as follows:
Commence at the Southwesterly corner of Lot 2, Block "A" of said
D.R. Mitchell's Survey of the Levy Grant; thence run North
29047'02" East along the Easterly right-of-way line of Brantley
Drive (50.00 foot right-of-way) and Westerly line of said Lots 1
and 2, Block "A", for a distance of 487.98 feet; thence run North
29046' 34" East along said Easterly right-of-way line and said
Westerly line of Lot 1, Block "A", for a distance of 518.88 feet;
thence departing said Easterly right-of-way line and said Westerly
line, run South 25025'52" East, for a distance of 54.80 feet to the
Point of Beginning; thence run South 60013'26" East, for a distance
of 50.00 feet; thence run South 29046'34" West, for a distance of
50.00 feet; thence run North 60013' 26" West, for a distance of
50.00 feet; thence run North 29046' 34" East, for a distance of
50.00 feet to the said Point of Beginning.
Allen & Company
No. 93193 6/12/96
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