HomeMy WebLinkAboutThe Seasons
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Section 4. "Common Area" shall mean and refer to Tracts A, B, C, D, E and F, inclusive, The
Seasons, as depicted on the Plat for the Seasons (as defined below), any property described as
Common Area in any replat of all or any portion of the foregoing Plat for The Seasons and any
property described as Common Area in any Plat which is a part of any additional property which
is made subject to this Declaration or any supplemental declaration under the provisions hereof.
Section 5. "Declarant" shall mean and refer to Sala, Inc., a Florida corporation, and its(/)
successors and assigns, if such successors or assigns should acquire more than one undeveloped:2
Lot from the Declarant for the purpose of improving such Lots for residential purposes, and ifz
Declarant assigns its rights as Declarant as to the Lots so conveyed to such successors and ~
assigns by an instrument in writing and recorded in the Public Records of Seminole County, ~
Florida. Any such assignment may contain a full assignment of the rights to which the ~
Declarant is entitled or may be a limited assignment whereby certain rights as a Declarant are -"
not assigned to such subsequent Declarant.!
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Section 6. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions,
Easements and Restrictions for The Seasons, as amended from time to time.
Section 7. "Developed Lot" shall mean any Lot owned by the Declarant upon which a Dwelling
Unit has been constructed and for which a certificate of occupancy or other such similar
occupancy permit has been issued by the City of Winter Springs, Florida, and is either no longer
being offered for sale in the ordinary course of business by the Declarant or is rented by the
Declarant to a third party, whichever shall first occur.
Section 8. "Dwelling Unit" shall mean and refer to any building or portion of a building
situated upon any Lot, which building or portion thereof is designed and intended for the use
and occupancy as a residence. The term "Dwelling Unit" shall not include any portion of any
Lot improved with sidewalks, patios, grass or other landscaping.
Section 9. "Lot" shall mean and refer to anyone of Lots I through 141, inclusive, The
Seasons, as depicted on the Plat for The Seasons, any platted lot or portion thereof in any replat
of all or any portion of the property platted by the foregoing Plat for The Seasons established
for the construction of a Dwelling Unit, and any other platted lot or portion thereof which is a
part of any additional property which is made subject to this Declaration or any supplemental
declaration under the provisions hereof and which is established for the construction of a
Dwelling Unit.
Section 10. "Member" shall mean and refer to a member of the Association, as established in
this Declaration, the Bylaws and the Articles.
Section 11. "Owner" shall mean and refer to the record fee simple owners, whether one or
more persons or entities, of fee simple title to any Lot, as herein defined, including contract
sellers, but excluding contract purchasers, and excluding those who having such interest merely
as security for the performance of an obligation.
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Prepared by and return te-:
Thomas F. Diorio
Thomas F. Diorio, P.A.
P.O. Box 1686
Winter Park, FL 32790-1686
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:~lERK OF CIRCU1! C,:", . i
SEMINOU COUNTY. FL,
RECORO'- ': VERIFIED
791\68
95JAN23 Pti 1: 02
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DECLARATION OF COVENANTS,
CONDITIONS, EASEMENTS AND
RESTRICTIONS FOR THE SEASONS
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THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND
RESTRICTIONS FOR THE SEASONS is made and entered into this q-f~ day 0 f
::fi/l Jd/~ ' 1996, by SALA, INC., a Florida corporation, P.O. Box 533116,
Orlando, FL 2853.
WIT N E SSE T H:
WHEREAS, the Declarant (as defined below) is the owner of the Property as defined below;
and
WHEREAS, the Declarant desires to develop the Property as a residential development which
may contain detached single family homes or patio homes.
NOW, THEREFORE, the Declarant hereby declares that all of the Property shall be held, sold
and conveyed subject to the following covenants, conditions, easements and restrictions which
are for the purpose of protecting the value and desirability of, and which shall run with, the
Property and shall be binding on all parties having any right, title or interest in the Property or
any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner
thereof.
ARTICLE I
Definitions
Section 1. " Articles" shall mean and refer to the Articles of Incorporation of the Association,
as hereinafter defined, as amended from time to time.
Section 2. "Association" shall mean and refer to The Seasons Homeowners' Association, Inc.,
a non-profit corporation organized under the laws of the State of Florida, its successors and
aSSIgns.
Section 3. "Bylaws" shall mean and refer to the Bylaws of the Association, as amended from
time to time.
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Section 12. ('Patio Home Lots,1 shall mean and refer to such Lot~i.4_Jhro~l4:.1jnclusive,
as depicted on' the Plat for The Seasons, upon which patio home style Dwelling Units have been
constructed or are to be constructed.
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Section 13. "Plat for The Seasons" shall mean and refer to that certain Plat for The Seasons a~ ."J
recorded in Plat Book 5"0 , Page '1. t -1,\ Public Records of Seminole County, Florida. ~:'V
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Section 14. "Property" shall mean and refer to all of the property described in the Plat for ThcF
Seasons, and such additions thereto as may hereinafter be made subject to this Declaration by~
any supplemental declaration under the provisions hereof. ~
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Section 15. "Surface Water or Stormwater Management System" shall mean a system which'
is designed for the Property and constructed or implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit,
treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation,
and water pollution or otherwise affect the quantity and quality of discharges from the system,
as permitted pursuant to Chapters 40C-4, 40C-40 or 40C-42, F.A.C.
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ARTICLE II
PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment. Every Owner, and such Owner's agents,
licensees and invitees shall have a non-exclusive right and easement for the use and enjoyment
of the Common Area which shall be appurtenant to and shall pass with the title to every Lot.
Such easements of use and enjoyment shall include, but shall not be limited to, the right of
ingress and egress over the parking areas, streets, driveways and sidewalks, if any, on the
Common Area for the purpose of access to the Owner's Lot and Dwelling Unit and shall include
the Owner's right to park the Owner's vehicles, and the Owners' agents', licensees' and invitees'
vehicles, on the parking areas established from time to time within the Common Area. The
Owner's easement for the use and enjoyment in and to the Common Area shall be subject to the
following provisions:
A. The right of the Association to dedicate or transfer all or any part of the Common Area
to any public agency, authority or utility for such purposes and subject to such conditions
as may be agreed to by the Members. No such dedication or transfer shall be effective
unless and instrument signed by two-thirds (2/3) of each class of Members agreeing to
such dedication or transfer has been recorded and such dedication or transfer is approved
as hereinafter provided. Nothing herein shall warrant any public entity being obligated
to accept any property from the Association or any property owner;
B. The right of the Association to take such steps as are reasonably necessary to protect the
Common Area against foreclosure;
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C. All provisions of this Declaration, any plat of all or any part or parts of the Property,
and the Articles and Bylaws of the Association;
D. Rules and regulations governing the use and enjoyment of the Common Area adopted by
the Association;
E.
Covenants, conditions, easements and restrictions set forth in this Declaration, in any
future supplemental declaration, on any and all plats of all or any part of the Common
Area or filed separately with respect to all or any part or parts of the Property in tp~
Public Records of Seminole County, Florida; :::'
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All codes and ordinances of the City of Winter Springs, Florida; and
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If any Owner has been assigned a particular parking space within the Common Ar~
then the remaining Owners shall be precluded from using such assigned parking spacm LJ
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Section 2. Non-Exclusive Easement Over the Lots for Utilities. The Declarant ~reby reserves
f()r itsel~s uccessors, assigns, agents, emp 1 oyep':\....fQ!!tffi9:2!?-Ljnvi te~!~~~s__~j __t~~~ITY_
of Winter Springs, Flori@, a non-~xclusive, p~ easement f~-1!.mi!y_.p.!-!mQseS.J9 !1}2'J~ll,
~rate, maintain, repair and replaceany anda:rIutility lines and other utility facilities
(including, but not limited to, water, sewer, electricity, telephone and cable television lines and
facilities) under any portion of any Lot not improved or not to be improved with a Dwelling
Unit. The Declarant hereby further reserves for itself, its successors, assigns, agents,
employees, contractors, invitees and licensees, a non-exclusive, perpetual easement for utility
purposes to install, operate, maintain, repair and replace electricity and telephone lines and
facilities under that portion of each Patio Home Lot improved or to be improved with a Dwelling
Unit; provided, however, that any such electricity and/or telephone lines and facilities installed
under that portion of a Patio Home Lot improved with or to be improved with a Dwelling Unit
must be installed inside of a conduit.
Section 3. Easement for Encroachments. In the event that after completion of construction of
a Dwelling Unit on any Patio Home Lot, any portion of such Dwelling Unit shall encroach upon
any of the Common Area or upon any other Lot for any reason other than the intentional,
tortious act of the Owner of the encroaching property, then an easement shall exist to the extent
of that encroachment for so long as the encroachment shall exist, together with all reasonable
and necessary rights of ingress and egress for the purpose of maintaining, repairing and
replacing the improvements or Common Area to the extent of such encroachment. It is hereby
specifically provided that, as to Dwelling Units to be constructed on any Patio Home Lot, eaves,
soffits and vents are anticipated to, and shall be permitted to encroach on adjoining Common
Area and Lots. The foregoing easement shall apply to any such encroachment.
Section 4. Non-Exclusive Easement Over the Common Area for Utilities. The Declarant
hereby reserves for itself, its successors, assigns, agents, employees, contractors, invitees,
licensees and the C~.._of Winter Springs, Florida, a non-exclusive, perpetual easement over th~
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Common Ar~~LfQI.JJ1mty_p1,lrposes.J(Lins1all~QPerate".Jr!?intain, repaiX_MQ replace any and all
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utility lines and other utility facilities, inclUc:l..iDgJ-butnotlimited to. electric, cable televISion,
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telephone, water, sewer, stormwater drainage and storm water retention lines and facilities.
Section 5. Construction Easement Reserved. The Declarant hereby reserves for itself, its
successors, assigns, agents, employees, contractors, invitees, licensees and the City of Winter
Springs, Florida, a non-exclusive, easement over the Common Area for the purpose of (i)
pedestrian and vehicular (including, but not limited to, construction vehicles and machinery)
ingress and egress to and from the Lots, (ii) storage of construction materials and construction
equipment to be used in the construction of the Dwelling Units and the improvement of thy>
Common Area, and (iii) performing construction activities on the Common Area and on th~
Lots. It is the intent of this Section to permit the Declarant and its successors, assigns, agent~
employees, contractors, invitees, licensees and the City of Winter Springs, Florida, the right tV:-:
cross over and to use the Common Area as may be necessary in the normal course of busines~
while constructing any and all improvements to be located on the Property. The easemertP
reserved in this Article II, Section 5, shall terminate on the date of the closing of the sale of t~
last Lot owned by the Declarant. .
Section 6. (Electric Meter and Telephone Box Easemen"t) As to any Patio Home Lots, the
Declarant hereby reserves for itself, its successors, assigns, agents, employees, contractors,
invitees, licensees and the City of Winter Springs, Florida, a non-exclusive, perpetual easement
0~er~Il'L1!l291L~~~.t~por of any and all Dwelling Units construc.!~ on anysu5h p-,!tio Hom~
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...!:.2t~-~mLQ\f~L1he_~~I"I1IIl9JL~E~~_for ~~~J2tl~fP~~]i[aIta~hi!1kj!1_stal.E9.z, ~l?~L~!!gg, '.TI~!1:~!l}_~,
~p~gl1g. and }:~121fl~iDL~I~~Jti.~=-~~!e.~~..?:~d t~I~E~<?~~"" ~<?;(e~. and __~!:!:<:;h_Qtl1~I "".~imUill".J},12_~"_9f
facilities as may be now or hereafter commonly used by electric and/or telephone companies.
To the extent that any such electric meters and/or telephone boxes encroach into the Common
Area, then the Owner of the Dwelling Unit to which such encroaching electric meter or
telephone box is attached, and such Owners' successors, assigns, agents, employees, contractors,
invitees and licensees are hereby granted a non-exclusive easement for the installation, operation,
maintenance, repair, and replacement of such encroaching electric meters or telephone boxes.
Section 7. Maintenance Easement. The Declarant hereby reserves for itself, its successors,
assigns, agents, employees, contractors, invitees, licensees, and the City of Winter Springs,
Florida, a non-exclusive, perpetual easement over and across that part of the Common Area and
upon such Lots abutting a particular Lot as may be reasonably necessary for a Lot Owner to
properly maintain, improve, repair and replace and any and all improvements (including grass
and landscaping) located on the Owner's Lot. If any Owner, while exercising any rights under
t~is easemenJ~Jj~mgges..any~~.~gr:n_I11gQ..~J."~. and/or anyLJ)!-of an abutting::-piQP~tli=.~
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owner, and/or any improvements. (i~~!udi~g~~ss_~d landscaping) 109-at~Q._gg_Y_&Q_~g!!1_J11g'1___
~Tot oT an aoutting_propeI.!Y.QwQ.er, th~"~2!.~'1_g2~Q..5Ja~~~ha1L~~p"~E~~~._
aamaged- propertY-rDotnreaI and _persoJl<!J.l.t.Q_~L~lQ_~t~the c~!1di.tiQ!L.QL~<!iQ...1>IQIJerty.."QI.ior to
-15emg so damaged, or, if necessary, shall replace the damag~ property. The Declarant her~by-
-gtai1fSanOi1=exCfusive easement to the Association, its successors, assigns, agents, employees,
invitees and licensees, over that portion of the Lots as may be reasonably necessary to perform
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any and all rights and obligations of the Association as may be set forth in this Declaration. If
the Association, while exercising its rights under this easement, causes any damage to any Lot
or Lots or to any improvements located on said Lot or Lots (including grass and landscaping),
then the Association shall repair said damaged property (both real and personal) to as close to
the condition of said property prior to being so damaged, or, if necessary, shall replace the
damaged property.
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(J"'" Section 8. Owner's Use of Lot. Use of Lots shall be limited to residential purposes and s1Ch ~
home office uses as are permitted by 10c<!L~.2!!ing laws, re~ulations and ordinances. <>~ i"0
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Section 9. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, such~
Owner's right of enjoyment to the Common Area and facilities to the members of the Owner's~
family, the Owner's tenants or the Owner's contract purchasers who reside on the Property. g
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Section 10. Planting of Landscaping in Common Area and on a Portion of the Lots. The:
Declarant may plant such grass, ground cover, shrubbery, irrigation lines and other landscaping
materials (hereinafter referred to as the "Landscaping") as the Declarant deems desirable in the
Common Area immediately surrounding a particular Lot prior to obtaining a certificate of
occupancy for the Dwelling Unit on said Lot. Furthermore, to the extent a Lot is not improved
by the Declarant with a Dwelling Unit, other improvements or enclosed by fencing, the
Declarant may install such Landscaping as Declarant deems desirable on such unimproved and
unenclosed portions of such Lot. All such areas of such Lot upon which Declarant installs
Landscaping shall be subject to a nonexclusive easement in favor of the Association, its
successors, assigns, agents, employees, invitees and licensees, for the purpose of maintaining,
repairing and replacing the Landscaping, which nonexclusive easement is hereby reserved and
granted unto the Association. Any and all Landscaping installed on any Lot and/or the Common
Area pursuant to this Section shall be the obligation of the Association to maintain, repair and
replace after such Landscaping is installed pursuant to this Section.
Section 11. Original Fencing and Storage Sheds. As part of the original construction of
improvements to Patio Home Lots, the Declarant intends to (but shall not be obligated to) install
fencing separating the various Patio Home Lots and a storage shed on each such Patio Home
Lot. If installed, the storage shed for a particular Patio Home Lot will be located in the corner
of the Patio Home Lot, where such Patio Home Lot has a common corner with another Patio
Home Lot. The storage sheds will be owned by each owner but certain walls of the storage
sheds will be common walls and the roof of the storage sheds will be one roof covering multiple
storage sheds on separate Patio Home Lots. To avoid disputes as to which Patio Home Lot
Owner is responsible for maintaining which part of such fences and storage sheds, the Patio
Home Lot Owners shall take title to their Patio Lots subject to the following restrictions,
obligations and agreements:
A. The Association shall be obligated to maintain such fencing, the common exterior walls
and all structural aspects of the storage sheds which may be constructed on the Patio
Home Lots. The Association, its successors, assigns, agents, employees, invitees,
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licensees and the City of_~ir.!t_e.E~Erings~ _florida" ill:~,_h~T~lJy_,g[anty_danon::exclusiv~~
easemerirO\ier'-arror-th~_Y~~,i.o HgD1~~ts as may be reasonably necessary for the
Association to maintain, repair and replace-such fencing and storage sheds. If the
Association, while exercising its rights and obligations under this easement, causes any
damage to any Patio Home Lot or Patio Home Lots or to any improvements located on
said Patio Home Lot or Patio Home Lots (including, but not limited to, grass and
landscaping), then the Association shall repair said damaged property (both real and
personal) to as close to the condition of said property prior to being so damaged, or, if
necessary, shall replace the damaged property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
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Section 1. Every record fee simple Owner of a Lot, including the Declarant, shall be a Memtter
of the Association. Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall
be entitled to one vote for each Lot owned. When more than one person holds an interest in any
Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among
themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B Member shall be the Declarant and shall be entitled to three (3) votes for
each Lot owned whether or not said Lots are subject to Association assessment as set forth
herein. The Class B membership shall cease and be converted to Class A membership on the
happening of any of the following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership;
(b) On December 31,2002; or
(c) Upon voluntary conversion of the Class B membership to Class A membership by the
Declaran t.
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ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Subject to the
limitations and exclusions set forth below and elsewhere in this Declaration, the Declarant, for
each Lot owned by the Declarant within the Property, hereby covenants, and, other than the ....--)
Declarant, each Owner of any Lot by acceptance of a deed thereof, whether or not it shall 2x -:.=:>
so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annu~
assessments or charges, (2) special assessments for capital improvements, major repairs, to furij!
deficits in the budget of the Association, or to pay for and perform any and all other obligatio~
of the Association, such assessments to be established and collected as herein provided, and or
such fines and penalties assessed against a Lot Owner, as provided in the Bylaws (said annu~
assessments, special assessments, fines and penalties shall hereinafter be collectively referreclrt
to as the" Assessments"). All Lots subject to assessment shall pay an equal pro-rata share of
the Assessments due. By way of example, if there are fifty (50) Lots subject to assessment as
set forth in this Declaration, then the Owner of each Lot then subject to assessment shall pay
one-fiftieth (l/50th) of the Assessments then being assessed by the Association. Notwithstanding
the foregoing, the Declarant shall not be obligated to pay any Assessments, and is specifically
excluded from paying any and all Assessments, so long as the Declarant's guarantee of the
Association's budget is in place, as set forth in Article IV, Section 6 below. If, and at such time
as, the Declarant terminates the guarantee of the Association's budget, as set forth in Article IV,
Section 6 below, then the Declarant shall be subject to assessment for Assessments as to the
Developed Lots owned by the Declarant, and only as to the Developed Lots owned by the
Declarant, as more specifically described in Article IV, Section 6 below. All unpaid
Assessments, any and all late fees due for late payment of Assessments, interest on said
Assessments at the maximum lawful rate of interest permitted to be charged in the State of
Florida, and the costs, reasonable attorneys' fees and paralegals' fees incurred by the Association
at all pre-trial, trial and appellate levels associated with collection of said Assessments, shall be
a charge on the Lot and shall be a continuing lien subject to foreclosure upon the Lot against
which each such assessment is made; provided, however, no such Assessment shall be a lien on
the Lot until such lien has been recorded in the Public Records of Seminole County, Florida.
Each such Assessment, together with interest at the maximum lawful rate of interest permitted
to be charged in the State of Florida, costs and reasonable attorneys' fees and paralegals' fees
incurred by the Association at all pre-trial, trial and appellate levels, shall be the personal
obligation of the person or persons, as the case may be, who was/were the owner(s) of such Lot
at the time when the Assessment fell due. The personal obligation for delinquent Assessments
shall also become the personal obligation of such Owner's successors in title only if such
successor in title expressly assumes such a personal obligation.
Section 2. Purpose of Assessments. The Assessments levied by the Association shall be used
to promote the interests, recreation, health, safety and welfare of the residents of the Property,
which shall include, but shall not be limited to, the improvement and maintenance of the
Common Area, maintenance of the Landscaping on Lots as set forth in Article II, Section 7 of
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this Declaration, the maintenance of any easements benefitting all or any portion of the Property,
the costs of taxes, insurance, labor, equipment, materials, management, maintenance and
supervision thereof, as well as for such other purposes as are reasonably necessary for the
Association to carry out the intent of this Declaration.
Section 3. Uniform Rate of Annual Assessment. Except as otherwise provided herein, annlW. =>
assessments shall be fixed at a uniform rate as to all Lots subject to assessment, and may ~ i'V
collected monthly or quarterly, as determined by the Association's Board of Direct~. -
Notwithstanding anything to the contrary contained herein, in the Articles or the Bylaws, ftfe
Declarant and the Lots owned by the Declarant shall not be subject to assessment for any ann~
assessments, special assessments or any other Assessment so long as the Declarant's guarantee (...)
of the budget, as set forth in Article IV, Section 6 below, is in place. Upon the termination;or G"\
expiration of said guarantee, then as to the Developed Lots, and only as to the Developed Lots, w
the Declarant shall be subject to the same Assessments as to which the Owners of Lots other
than the Declarant are subject. Notwithstanding anything in this Declaration, the Articles, the
Bylaws or elsewhere to the contrary, no Lot owned by the Declarant other than Developed Lots
shall be subject to assessment for any annual assessments, special assessments or any other
Assessment.
Section 4. Maximum Annual Assessments. Until January 1 of the year immediately following
the conveyance of the first Lot to any Owner, the maximum annual assessment shall be Four
Hundred Eighty and No/lOO Dollars ($480.00), which sum includes the annual assessment due
the Mt. Greenwood Community Association, Inc. The maximum annual assessment of the
Association may be increased each year not more than fifteen percent (15 %) above the annual
assessment for the previous year without a vote of the membership. The maximum annual
assessment may be increased more than fifteen percent (15 %) above the previous years' annual
assessment by a vote of two-thirds (2/3) of each class of Members who are voting in person or
by proxy at a meeting of the Association duly called for this purpose. The Association's board
of directors may fix the annual assessment at an annual amount not to exceed the maximum.
Section 5. Special Assessments. In addition to the annual assessments authorized above, the
Association may levy in any assessment year a special assessment applicable to that year for the
purpose of defraying, in whole or in part, the maintenance responsibilities of the Association,
the cost of operating, purchasing, constructing, reconstructing, repairing or replacing a capital
improvement upon the Common Area, including fixtures and personal property related thereto,
or to pay for and perform any and all other obligations of the Association, as approved by the
Association's board of directors, provided that any such special assessment shall have the assent
of two-thirds (2/3) of each class of Members who are voting in person or by proxy at an
Association meeting duly called for this purpose.
Section 6. Declarant Guarantee of Budget. In consideration of the Declarant not having to pay
Assessments on any given Lot owned by the Declarant, including any Developed Lot, the
Declarant hereby agrees to guarantee that the annual assessments made against Owners subject
to assessment will not exceed the maximum annual assessment set forth in Article IV, Section
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4, above. Notwithstanding the foregoing, at any time, the Declarant may, in its sole and
absolute discretion, notify the Association in writing that the Declarant has decided to terminate
the Declarant's guarantee as set forth in this Section, whereupon the Declarant shall be fully
liable from that date forward for all annual assessments and special assessments thereafter
assessed against Developed Lots owned by the Declarant; it being the intent of this Section that
upon the termination of the Declarant's guarantee, all Developed Lots (and only Developed Lots)
owned by the Declarant shall thereafter be subject to assessment. ......,J
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Section 7. Notice For Any Action Authorized Under Article IV. Sections 4 or 5. Wri~ i'V
notice of any meeting called for the purpose of taking any action authorized under Article .tY,
Sections 4 or 5, shall be sent to all Association Members not less than thirty (30) days nor m~
than sixty (60) days in advance of the meeting, and shall set forth the purpose of the meetiA~.
At the first such meeting called, the presence of members or of proxies entitled to cast ~
percent (10%) of the votes of each class of membership shall constitute a quorum. If ~ G..)
required quorum is not present, another meeting may be called subject to the same notICe c;..
requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
Section 8. Date of Commencement of Annual Assessments: Due Date. The annual assessments
provided for herein shall commence as to a particular Lot (other than Lots owned by the
Declarant) on the later of the day said Lot is conveyed by the Declarant to a purchaser or the
date of the issuance of a certificate of occupancy or such similar authorization of occupancy by
the City of Winter Springs, Florida. The Lots owned by the Declarant shall only be subject to
assessment as set forth in Article IV, Sections 1, 3 and 6 above. The first annual assessment
shall be adjusted according to the number of days remaining in the calendar year. The
Association's board of directors shall fix the amount of the annual assessment against each Lot
subject to assessment at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to the Declarant, so long as the Declarant
owns one or more Lots, and to every Owner subject to assessment. The due dates shall be
established by the Association's board of directors. The Association shall, upon demand and
for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth
whether the Assessments on a Lot are due and payable or have been fully paid. A properly
executed certificate of the Association as to the status of Assessments on a Lot shall be binding
upon that Association as of the date of its issuance.
Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any
Assessments not paid within thirty (30) days after the due date shall thereafter be paid together
with a late fee equal to five percent (5 %) of the overdue Assessments together with interest from
the due date at the highest rate allowed by law. The Association may bring an action at law
against the Owner personally obligated to pay the same, and/or may file a lien against the Lot
for which the Assessment is past due and foreclose the lien against the Lot encumbered by the
lien. No Owner may waive or otherwise escape liability for the Assessments provided for herein
by the non-use of the Common Area or by abandonment of his/her Lot. In any action to collect
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any Assessment made hereunder, the prevailing party shall be entitled to collect from the non-
prevailing party all costs and reasonable attorneys' fees and paralegals' fees at all pre-trial, trial
and appellate levels.
Section 10. Subordination of Liens to First Mortgages. The lien of the Assessments provided -..J
for herein, and any and all other liens in favor of the Association provided for elsewhere in this .-=:)
Declaration, shall be subordinate to the lien of any first mortgage. Sale or transfer of any g>Q)t i"V
shall not affect any lien in favor of the Association other than for the sale or transfer of any it -:
pursuant to a mortgage foreclosure foreclosing a first mortgage against a Lot, or any transact~
in lieu thereof which shall extinguish the lien of the Association to the extent the lien relate~
Assessments or other sums which became due prior to the date of such foreclosure sale ~
transfer in lieu of foreclosure. No sale or transfer shall relieve such Lot or Lot Owner fr~ w
liability for any Assessments or other sums thereafter becoming due or from the lien thereor ~
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Section 11. Establishment of Reserve Account. The Declarant shall establish a reserve account
for the repair and replacement of the Association's capital improvements. At the time of the
voluntary sale by the Declarant of a Lot upon which a Dwelling Unit has been constructed, the
Declarant shall deliver to the Association a sum equal to one month's share of the Annual
Assessment then being assessed by the Association. The Association shall place such sum in a
reserve account which shall be established by the Association for the repair and replacement of
the Association's capital improvements. Such reserve account shall not be used by either the
Association or the Declarant prior to the time that the Declarant turns over control of the
Association to all Members of the Association. All control of the Association's capital
improvements reserve account shall be relinquished by the Declarant to the Association at the
time the Declarant turns over control of the Association to all Members of the Association.
ARTICLE V
EXTERIOR MAINTENANCE
Section 1. Maintenance of Common Area. The Association shall maintain the Common Area.
The maintenance of the Common Area shall include, but shall not be limited to, (i) watering,
fertilizing, cutting and edging any and all parts of the Common Area covered by grass, (ii)
watering, fertilizing and pruning of all bushes, trees, ground cover (other than grass) and all
other landscaping located in the Common Area, (iii) the maintaining, repairing, replacing and
repaving of any driveways, streets, parking areas and sidewalks located within the Common
Area, and (iv) the maintaining, repairing and replacing of all improvements made to the
Common Area, including, but in no event limited to, the entranceway to the Property and any
and all personal property of the Association.
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ARTICLE VI
ARCHITECTURAL CONTROL
Section 1. Other than for improvements made by or on behalf of the Declarant to any Lot or -^>
Lots or to the Common Area, no building, shed, fence, wall, structure or improvement of <ffiY ,::::)
kind shall be commenced, erected, placed or maintained upon any Lot, nor shall any exteJf.il)r rv
addition to or change or alteration thereto (including color changes) be made until the plans 4I -
specifications showing the nature, colors, dimensions, kind, shape, height, materials and 10cat{OO
of the same shall have been submitted to and approved in writing as to harmony of exterfiID
design, color and location in relation to surrounding structures and topography by ~
Association, acting by and through an architectural control committee composed of three (3)"M u...>
more representatives, who need not be members of the Association, appointed by the ~
Association's board of directors.
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Section 2. In the event the Association's board of directors, or its designated committee, fails
to approve.9Lllis.apPLQ~sl!~h design and/or location withiI1~lhirt.Y.QQLdays after said plans~~
specifications have been submTtie(rio'~aPE:~~~i}:'~ill AQI~6~IiJ.rlD~.~.i~q~j!ed ~!Q~ provision~
of this Article willl)e deemed to be fully satisfied and approved on said thirtieth (3Q111J..d.ay.
Section 3. Notwithstanding anything in this Declaration or elsewhere to the contrary, the
Declarant shall not be subject to the review and/or approval of any architectural control
committee established pursuant to this Declaration or otherwise established for any improvements
to be made by or on behalf of the Declarant to the Common Area and/or to any Lot or Lots.
The Declarant may change the size, design, materials, color and type of improvements which
the Declarant may construct from time to time in the Declarant's sole and absolute discretion,
for any reason whatsoever, including, but not limited to, to adjust to market conditions. In no
event shall the Declarant be construed as committing to developing the Property to a common
scheme of development.
ARTICLE VII
GENERAL RESTRICTIONS - USE AND OCCUPANCY
Section 1. General Prohibition. Other than for improvements made by or on behalf of the
Declarant to any Lot or Lots or to the Common Area, no Dwelling Unit, structure or
appurtenance of any kind, including additions or substantial alterations thereto, shall be erected,
placed or maintained on the Property or any portion thereof that does not conform to the
standards, requirements, prohibitions and provisions of this Declaration, and all such
construction shall be performed, completed, erected, placed and maintained only in accordance
with the plans and specifications required herein as approved by the Association's board of
directors or any architectural committee established pursuant to this Declaration or otherwise.
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Section 2. Only Residential Purposes. No Lot shall be used in whole or in part for anything
other than residential purposes and such home office purposes as are permitted by governing
zoning laws, regulations and ordinances, except for model residential Dwelling Units which may
be maintained by the Declarant as a model/information center and for the operation as a
construction office for the Declarant related to the construction of the Dwelling Units. Other
than the use of the model residential Dwelling Units as a construction office and a
model/information center, and other than as permitted by applicable zoning laws, regulations ami
ordinances, no trade, traffic or business, whether professional, commercial, industrial !Q.t
manufacturing or other non-residential use shall be engaged in or carried on upon the Proper6E,
or any part thereof; nor shall anything be done thereon which may be or which may become ~
annoyance or a nuisance to the Property or adjacent properties. ~
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Section 3. Residential Use. No building shall be erected, altered, placed or permitted to remat?
on any Lot other than one (1) residential Dwelling Unit, any storage shed which may be bUllt
by the Declarant, any replacement thereof, and any other building which may be approved from
time to time by the Association's architectural control committee (see Article VI below).
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Section 4. Occupancy Before Completion. No building or structure upon the Properties shall
be occupied until the same is approved for occupancy by such governmental agency which is
responsible for regulation of building construction and until it complies with the terms and
provisions of these covenants.
Section 5. Maintenance and Repair. Other than as otherwise specifically set forth herein, the
Dwelling Unit and any other structure, building, outbuilding, wall, fence, grass, landscaping and
all other improvements placed or maintained on a Lot by the Owner shall at all times be
maintained in good condition and repair by said Owner in accordance with maintenance
standards established by the Association from time to time. If the Owner fails to maintain such
improvements in accordance with the maintenance standards established by the Association from
time to time, then, upon thirty (30) days' prior written notice, the Association shall be entitled
to perform such maintenance to such improvements. The Association, and its agents, employees
and invitees are hereby granted an easement over the Lot to be maintained and over any abutting
Lots as may be reasonably necessary to maintain such improvements. Any and all reasonable
expenses incurred by the Association to perform such maintenance shall be paid by the Owner
of said improvements upon fifteen (15) days' prior written notice. If the Owner of the
improvements maintained by the Association fails to make full and adequate payment to the
Association within said 15-day period, then the Association shall be entitled to collect interest
at the maximum lawful rate of interest permitted to be charged in the State of Florida, on the
sums advanced by the Association to maintain the improvements, from the date such sums were
advanced by the Association, the Association shall be entitled to file a lien against the Lot so
maintained and foreclose said lien in accordance with the same procedures and laws applicable
to the foreclosure of a mortgage in the State of Florida, and shall be entitled to pursue any and
all other remedies available at law or in equity. The prevailing party in any action brought to
enforce the terms of this Section shall be entitled to collect from the non-prevailing party all
costs and reasonable attorneys' fees and paralegals' fees incurred at all pre-trial, trial and
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appellate levels; provided, however, that no attorneys' fees, paralegals' fees or costs may be
recovered against the City of Winter Springs, Florida, if the City of Winter Springs, Florida,
brings an action to enforce the terms of this Section 5.
Section 6. Completion of Construction. All exterior construction for which plans and ~
specifications are required herein to be submitted to the Association's board of directors for ::::::>
approval shall be completed within six (6) months from the date of approval for said appr~ i'V
to remain in force and effect, unless said board shall grant a greater period of time to comp~
said construction or shall grant an extension of said 6-month period. ~
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Section 7. No Temporary Buildings."' No tent, shack, trailer, house trailer, basement, gar~
or other outbuildings shall at any. time be'us~(LQ:Ii(l11Y1Q.t or ori--the Common Area as~ w
residencetemporaHry"or permanently and no building or dwelling of a temporary character shMl g;
be permitted on the Property, except as follows: Buildings and/or trailers deemed necessary by
the Declarant for construction and/or Lot model/information center activities taking place on the
Property and not intended to be used for living accommodations may be erected and maintained
on the Property only during the course of such construction and/or Lot model/information center
activities on the Property by or on behalf of the Declarant. In any event, the Declarant shall be
required to obtain any and all permits necessary to locate and operate any such temporary
building and/or trailer prior to so placing any such temporary building and/or trailer on any
portion of the Property.
Section 8. Ground Maintenance. No rubbish, debris, garbage or waste of any kind whatsoever
shall be placed or permitted to accumulate upon any portion of a Lot or the Common Area
which would render it unsanitary, unsightly, offensive or detrimental to the public in the vicinity
thereof or to the occupant of any Lot in such vicinity.
Section 9. Fences, Walls. Hedges and Mass Planting of Any Type. ~QJ~_L\\l.~JL~!ruc~ll}~~..1_
hedge or m~~~~ntiggJ2Lill1....Y.!Yne, shall b.e-.construc~ pbnted. pl~a:J?I~!TIIDnffi[~~QJiiin)',_
Ownerupon the Common Area. In addition, other than for fencing to be instaiiect' on the Patio
Home Iots6yt1ieDeCIaiant;--~~_fence Q~_~~l s.ball:b~~p~~,i tted.. to be constructed on any .Lot.
without the prior written approval of the Association' s architecfur~.L~()J.1tIoC<::ommi.!tee to be
esta5IishecfInaccordance with Article vC SectIon - 1 of thisDeci~~tion. --
Section 10. Animals, Birds and Fowl. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any Lot, except that no more that two (2) dogs, cats or other
domesticated household pets may be kept provided that they are not kept, bred or maintained
for any commercial purposes. In the event of dispute as to the reasonableness of the number
of such cats, dogs or households pets kept upon a Lot, the decision and opinion of the
Association's board of directors shall control.
Section 11. Laundry. No clothes, sheets, blankets or other articles shall be hung out to dry.
No clotheslines are permitted on any portion of the Property.
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Section 12. Exterior Light Fixtures. No exterior lighting fixtures shall be installed on any Lot
or Dwelling Unit without adequate and proper shielding of the fixtures. No lighting fixtures
shall be installed that may become an annoyance or a nuisance to the residents of any adjacent
Lot or any adjacent property.
Section 13. Parking. Other than as set forth below, the parking of commercial vehicles
(including, but not limited to, trucks larger than a pick-up truck, truck-tractors, semitrailers and
commercial trailers), boats, motor homes, travel trailers and similar recreational vehicles,
inoperable vehicles or vehicles under repair on the Property, is prohibited except for suc~
commercial vehicles on the Property to aid in the construction of the Common Area and/ or ~
Dwelling Unit, the maintenance, repair and/or replacement of the Common Area and/or c:6
Dwelling Unit, and/or commercial vehicles making deliveries to a Dwelling Unit. The owne~
of each Patio Home Lot shall be assigned two (2) parking space located on the Common Ar~
by the Association by a written instrument delivered to each buyer of a Patio Home Lot at th~
time of the buyer's Patio Home Lot closing. As for Lots other than Patio Home Lots, the
Association shall assign such parking spaces, if any, as the Association deems necessary and/or
desirable, from time to time.
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Section 14. Utility and Drainage Easements. Certain easements for installation and maintenance
of utilities and drainage facilities are shown on the plat or plats, or are of record, and the same
are reserved for such use. Within these easements areas, no structure, planting or other material
shall be placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities and/or drainage facilities, or which may change the direction of flow of
drainage in the easement areas, or which may obstruct or retard the flow of water through
drainage channels in the easement areas.
Section 15. Signs. Except for "For Sale" signs used by Owners of Lots which have been
approved in size, color and content by the Association, and except for "For Sale" signs and
banners used by the Declarant or a builder to advertise the Property during the construction and
sale period, no sign of any character shall be displayed or placed upon any Lot or Dwelling
Unit. All signs permitted herein shall comply with the code of ordinances for the City of Winter
Springs, Florida.
Section 16. Nuisances. No noxious or offensive trade or activity shall be permitted on any Lot,
nor shall anything be done thereon which may be or may become an annoyance or nuisance to
any residents on the Property or any residents on property abutting the Property.
Section 17. Wells. No water wells shall be dug on any Lot or on the Property except by the
Association for purposes of irrigation of Landscaping. All necessary and proper permits for
digging, installing and operating such wells must be obtained.
Section 18. Open Burning. Open burning of wooden materials, vegetation, solid waste or any
other materials is prohibited on any portion of the Property.
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Section 19. Swimming Pools. No swimming pools may be constructed on any Lot.
Section 20. Right to Inspect. Other than with regards to the construction of improvements on
the Property by the Declarant, the Association's board of directors and/ or any agent of said
board of directors may at any reasonable time or times during periods of construction or
alteration and within thirty (30) days thereafter enter upon and inspect any Lot and any
improvements thereon for the purpose of ascertaining whether the maintenance, construction or
alteration of structures thereon are in compliance with the provisions hereof; and neither said
board nor any of its agents shall be deemed to have committed a trespass or other wrongful act........)
by reason of such entry or inspection. ~ ~
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Section 21. Antennae and Aerials. Other than as set forth in this Section 21 below, no exteE;Pr
antennae or aerials shall be placed upon any Lot or any improvements located thereon. No lpijn
radios or radio transmission equipment shall be operated or permitted to be operated on dlie _
Property. Satellite signal reception equipment having a diameter of twenty four inches (24 "R>r w
less shall be permitted to be placed within a Dwelling Unit, within a patio area or on a :b6t --J
Owner's backyard. No satellite signal reception equipment having a diameter in excess. of C)
twenty four inches (24") shall be permitted within any Dwelling Unit or located on any Lot.
Section 22. ~~ilbg~~ Other than for such mailboxes and paperboxes which may be installed
on the Property by the Declarant, no mailbox or paperbox or other receptacle of any kind for
use in the delivery of mail or newspapers or magazines or similar material shall be erected on
any Lot unless and until the size, location, design and type of material for said boxes or
receptacles shall have been approved by the Architectural Review Committee. This requirement
shall be in addition to any further applicable requirements imposed by the U.S. Postal Service
as to location, size, design and type of materials for receptacles to be used in the delivery of
mail.
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Section 23. Dwelling Size. All Dwelling Units, eXclUSi~~_Q[garages. +_~en or enclosed porches
and/or patios shall not be less than nine hundred thirty ]2}Qt~_g!lill:~_J.e.w A one (!L~(if_~~~ge
may be constructed on Lots other than Patio Home Lots. No garage shall be permitted on any
Patio Home Lot. In addition, no carports shall be permitted on any Lot whatsoever. In the
event of any violation of this Section, the Declarant or the Association may, at its option, sue
to enjoin any such violation and pursue any other remedy available in law or in equity.
Section 24. Oil and Mining Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon the Property nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property.
No derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon the Property.
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ARTICLE VIII
FUNCTIONS OF THE ASSOCIATION
Section 1. Services. The Association shall provide the following services:
A.
Maintenance of all Common Area, and all city, county, district or municipal properties
if and to the extent permitted by any governmental authority which are located within or
in a reasonable proximity to the Property to the extent that their deterioration would....-.,)
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Maintenance of any easement benefitting all or any portion of the Property.
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Maintaining, repairing and replacing any and all utilities lines and facilities (includi~,
but not limited to, water, sewer, electricity, telephone, cable television, surface water ~
drainage and surface water retention lines and facilities) serving one or more Lots to;me -.1
extent that such maintenance is not performed by, or the obligation of, the utility
company providing the service. The Association shall, at the A~S9Ci9:"ti.211'"~_"~xp~~_~~1.
lepair al1YAamage done to the Common Area orto any Lot o~_~Y""!!.l.1Q!~Y~rn~I1~)Q~ated
thereoncaus"ed by the-Xssociatioif's""mairitenan"c"e-,repaii-aridTor replacement of the above-
described utilities lines and/or facilities; provided, however, that the Association shall
not be responsible for repairing any damage caused to improvements located on a Lot
which were not approved by the Association, if such improvements require the prior
approval of the Association in accordance with the terms of this Declaration. The
Association shall obtain any and all permits required prior to the Association taking any
action which the Association is required to take pursuant to this paragraph.
D. Maintenance of Landscaping, fences and storage sheds to the degree and extent required
or permitted by this Declaration and as determined by the Association, and hiring insect
and pest control services for said Landscaping.
E. Taking any and all actions necessary to enforce all covenants, conditions and restrictions
benefitting and/or burdening the Property and to perform any of the functions or services
delegated to the Association in this Declaration, in any covenants, conditions or
restrictions applicable to the Property or in the Articles, Bylaws or rules and regulations
of the Association.
F. Conducting the business of the Association, including, but not limited to, hiring legal,
accounting, management and financial expertise to assist the Association in performing
its obligations, and informing Members of activities, notice of meetings and other
important events.
G. Purchasing general liability and hazard insurance covering improvements and activities
on the Common Area on a current replacement cost basis in an amount not less than
eighty percent (80 %) of the estimated insurable value, directors and officers liability and
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such other insurance as the board of directors of the Association deems necessary.
Hazard insurance proceeds for losses to any Common Area may not be used other than
for repair, replacement or reconstruction of such portion of the Common Area damaged.
H. Establishing and operating the architectural control committee described in Article VI
above in the event that the Association is designated for such purpose.
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The Association and/or the Master Association shall be responsible for the maintenaIfCe, ~
operation and repair of the Surface Water or Stormwater Management System.
Maintenance of the Surface Water or Stormwater Management System(s) shall mean the
exercise of practices which allow the systems to provide drainage, water storage,
conveyance or other surface water or storm water management capabilities as permitted
by the St. Johns River Water Management District. The Association and/or the Master
Association, as the case may be, shall be responsible for such maintenance and operation.
Any repair or reconstruction of the Surface Water or Stormwater Management System
shall be as permitted or, if modified, as approved by the St. Johns River Water
Management District and as approved by the City of Winter Springs, Florida.
Publishing and enforcing such rules and regulations as the board of directors
Association deems necessary.
J.
Lighting of roads, sidewalks and paths throughout the Property.
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M. Notwithstanding anything in this Declaration to the contrary, the responsibility of the
Association for maintenance, repair and replacement of the Common Area and the
improvements made thereto as described herein and the payment of taxes applicable to
the Common Area shall commence at the time this Declaration is recorded in the Public
Records of Seminole County, Florida, regardless of whether the Association shall have
been vested with record legal title to the Common Area.
N. Any and all other responsibilities which the board of directors of the Association
determines are desirable and/or necessary to carry out the intent of this Declaration, the
Articles, the Bylaws and any rules and regulations passed by the Association.
Section 2. Mortgage and Pledge. The Association's board of directors shall have the power and
authority to mortgage the Common Area and/or other property of the Association and to pledge
the revenues of the Association as security for loans made to the Association which loans shall
be used by the Association in performing its functions, subject to the provisions of Article IX,
Section lO below.
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Section 3. Conveyance to Association. The Association shall be obligated to accept any and
all conveyances to it by Declarant of fee simple title to the Common Area and of easements
benefitting more than one Lot.
Section 4. Conveyance by Association. The Association shall be empowered to delegate or
convey any of its functions or properties to any governmental unit for public utilities or for other
public purposes consistent with the intended use of such property, subject to the provisions of
Article IX, Section 9 below.
Section 5. Easements by the Association. At the request of the Declarant, once the Association
holds fee simple title to the Common Area, the Association shall grant to the Declarant and to
utility companies such easements as are reasonably necessary and/or desirable to improve all or
any portion of the Property or as are reasonably necessary and/or desirable to improve and
develop property owned by the Declarant or otherwise which abuts the Property, all as
determined in the Declarant's sole and absolute discretion. For the purpose of this Declaration,
the term "utility company" shall include, but shall not be limited to, such companies which
provide telephone, cable television, water, sewer, surface water drainage, surface water retention
and/ or electricity services.
ARTICLE IX
GENERAL PROVISIONS
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Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by any
proceeding at law or in equity, all terms, restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this Declaration. Failure of the
Association or of any Owner to enforce any terms, restrictions, conditions, covenants,
reservations, liens or charges herein contained shall in no event be deemed a waiver of the right
to do so thereafter. In any action for enforcement brought hereunder, the prevailing party shall
be entitled to collect from the non-prevailing party all costs and reasonable attorneys' fees and
paralegals' fees at all pre-trial, trial and appellate levels.
A. The St. Johns River Water Management District and the City of Winter Springs 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 Surface
Water or Stormwater Management System.
Section 2. Insurance. Each Dwelling Unit Owner shall obtain and maintain in full force and
effect at all times a policy of fire and extended coverage insurance (homeowner's insurance)
against casualties to the Owner's Dwelling Unit and other improvements (such as the storage
shed) in the amount of the full replacement value of the Dwelling Unit and such other
improvements. A copy of the policy of insurance or a certificate of such insurance shall be
delivered to the Association within fifteen (15) days following the time that the Owner takes title
to a Lot. Thereafter, within fifteen (15) days prior to the expiration of the term of such policy,
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a copy of the renewal policy or a certificate thereof shall be delivered to the Association by the
Owner. Upon failure of the Owner to obtain such insurance and to furnish a copy or proof
thereof to the Association, after fifteen (15) days' written notice to the Owner, the Association
shall be empowered, but shall not have the obligation, to obtain such policy of insurance on
behalf of the Owner and the cost thereof shall immediately be assessed to the Owner and shall
be due and payable at once, together with interest thereon at the maximum lawful rate and shall
constitute a lien against the Lot in the same manner as any other Assessment until fully paid.
For the purposes hereof, the Association is hereby declared to have an insurable interest in said
Lot and the improvements constructed therein.
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Section 3. Severability. Invalidation of any one of these covenants or restrictions by judg~t~
or court order shall in nowise affect any other provisions which shall remain in full force and -
effect. ~
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Section 4. Amendment. The covenants and restrictions of this Declaration shall run with cm<l _
bind the Property for a period of twenty (20) years from the date this Declaration is recorded w
in the Public Records of Seminole County, Florida, after which time the covenants ~d -J
restrictions of this Declaration shall be automatically extended for successive periods of ten (10) ~
years. This Declaration may be terminated by an instrument signed by one hundred percent
(100%) of the Owners and all of their mortgagees, which termination must be recorded in the
Public Records of Seminole County, Florida. This Declaration may be amended (i) by an
instrument signed by not less than sixty six percent (66 %) of each class of Members or (ii) by
the approval of not less than sixty six percent (66 %) of each class of Members (in person or by
proxy) at a duly called meeting of the Members for such purpose, in which event such
amendment shall be executed by the Association and shall be accompanied by a Certificate
executed by the Secretary of the Association certifying that the amendment to the Declaration
was approved by not less than sixty six percent (66%) of each class of Members (in person or
by proxy) at a duly called meeting of the Members for such purpose. Notwithstanding the
foregoing, (i) so long as the Declarant owns any Lot, in no event may this Declaration be
amended in any way which will or may adversely affect any or all of the rights of the Declarant
as set forth in this Declaration, the Bylaws or the Articles without the prior written consent of
the Declarant, which consent may be granted or withheld in the Declarant's sole and absolute
discretion, and which consent, if granted, must be recorded in the Public Records of Seminole
County, Florida in order to be effective, and (ii) this Declaration may be unilateral I y amended
prior to January 1, 2003, by the Declarant so long as the Declarant owns at least ten percent
(10%) of the Lots at the time of the recording of such an amendment. All amendments to this
Declaration must be recorded in the Public Records of Seminole County, Florida.
A. Any amendment to this Declaration which alters the Surface Water or Stormwater
Management System, beyond maintenance in its original condition, including the
water management portions of the Common Area, must have the prior approval
of the St. Johns River Water Management District and the City of Winter
Springs.
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B. Notwithstanding anything in this Declaration to the contrary, no amendment may
be made to this Declaration without the prior written consent of the City of
Winter Springs, Florida, which consent shall not be unreasonably withheld.
Section 5. Third Party Beneficiary. The City of Winter Springs, Florida, is a third-party
beneficiary with the right to legally enforce this Declaration or any part or provision hereof.
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Section 6. Violation of City Code. Nothing contained in this Declaration permits or authom:eP
any violations or deviations from the City Code, City of Winter Springs, Florida. ~ l~
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Section 7. Access to Property. All representatives and vehicles of the City of Winter Sp~s,
Florida, the State of Florida, the County of Seminole, and the United States government ~l
have access to the Common Areas. In addition, any and all companies franchised by the Sty W
of Winter Springs, Florida, to provide waste disposal, garbage pick-up, cable television se1)3l::e-.J
or any other service that pays a franchise fee to the City of Winter Springs, Florida, shall be <Jl
authorized to provide service to the Common Areas, Lots and Dwelling Units on the Property.
Section 8. Annexation. Additional property (which additional property may, but shall not be
required to, consist of residential lots, common area and/or recreational facilities) may be
annexed to and become a part of the Property by the Declarant, without the consent of the Lot
Owners other than the Declarant, so long as the Declarant complies with the requirements of
Article IX, Section 9 below, and obtains the consent of the City of Winter Springs, Florida, to
such an annexation. Such an annexation shall be accomplished by the recording of a
supplemental declaration recorded in the Public Records of Seminole County, Florida, which
supplemental declaration shall subject such additional property to the terms, rights and
obligations of this Declaration.
Section 9. FHA/VA Approval. So long as there is a Class B membership, the following actions
shall require the prior approval of the Federal Housing Administration or Veterans
Administration: annexation of additional properties, dedication of Common Area, the
encumbering of the Common Area, and the amendment of this Declaration. Notwithstanding
the foregoing, the approval of the Federal Housing Administration or the Veterans
Administration shall not be necessary if the Declarant records a notarized certificate wherein the
Declarant certifies that either (i) the Property is not an FHA/VA approved project and is
therefore not required to obtain the approval of either the Federal Housing Administration or the
Veterans Administration, (ii) the Federal Housing Administration and/or the Veteran's
Administration, as the case may be, provided such approval but did not provide written
confirmation of such approval or (iii) the Federal Housing Administration and/or the Veteran's
Administration, as the case may be, waived the foregoing approval requirement.
Section 10. Mortgage or Conveyance of Common Area. Any mortgage or conveyance of the
Common Area, or any portion thereof, shall require the consent of at least two-thirds (2/3) of
each class of Members of the Association. If ingress or egress to any Lot is required through
21
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the Common Area, or any portion of it, any conveyance or encumbrances of such Common Area
shall be subject to an easement for ingress and egress in favor of the affected Lot Owner or
Owners.
Section 11. Conflicts. Notwithstanding anything in this Declaration, the Bylaws or the Articles
to the contrary, (i) in the event of any inconsistency or conflict between this Declaration and the
Articles and/or Bylaws of the Association, the provisions of this Declaration shall supersede,
govern and control and (ii) in the event of any inconsistency or conflict between the Articles and
the Bylaws of the Association, the provisions of the Articles shall supersede, govern and control<.JJ
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Section 12. Dissolution. In the event of the dissolution of the Association for whatever rem>n!'0
any owner may petition the Circuit Court of Seminole County, Florida, for the appointmenEof-
a receiver to manage the affairs of the dissolved Association and the Common Area, in ~ce
and instead of the Association, and to make such provisions as may be necessary for~he
continued management of the Association and the Common Area. ~ -
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Section 13. Master Association. Prior to the time each Lot is conveyed to an owner other lhanQ"'\
the Declarant, the Declarant, through the use of a supplemental declaration, shall subject the Lot
to be conveyed to the terms and conditions of that certain Declaration of Covenants and
Restrictions for Mt. Greenwood by Amerifirst Development Corporation, a Florida corporation,
dated June 6, 1986, recorded on June 6, 1986, in Official Records Book 1740, Page 1545, and
re-recorded on May 21, 1987, in Official Records Book 1850, Page 0981, as amended by that
certain Amendment to Declaration of Covenants and Restrictions for Mt. Greenwood Community
Association, Inc. dated September 4, 1986, and recorded on October 9, 1986, in Official
Records Book 1778, Page 1161, as amended by that certain Amendment to Declaration of
Covenants and Restrictions for Mt. Greenwood dated November 21, 1986, and recorded on
December 8, 1986, in Official Records Book 1796, Page 1088, as further amended by that
certain Amendment to Declaration of Covenants and Restrictions for Mt. Greenwood recorded
on April 28, 1987 in Official Records Book 1842, Page 400, as supplemented by that certain
Supplemental Declaration to Declaration of Covenants and Restrictions for Mt. Greenwood dated
March 30, 1988, and recorded on September 14, 1988, in Official Records Book 1996, Page
1278, all in the Public Records of Seminole County, and as otherwise amended and
supplemented from time to time (hereinafter collectively referred to as the "Master
Declaration"). The Master Declaration provides for certain assessments and charges against all
property subject to the terms of the Master Declaration, which each Owner, by taking title to
any Lot, hereby assumes and agrees to pay. The Master Declaration also provides for certain
lien rights in favor of the Mt. Greenwood Community Association, Inc. (hereinafter referred to
as the "Master Association"). Each owner of a Lot shall be entitled to membership in the
Master Association and shall be entitled to all rights of members of the Master Association, and
subject to all terms and conditions of the Master Association's articles of incorporation, bylaws
and rules and regulations, as amended from time to time.
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IN WITNESS WHEREOF, the Declarant has caused these presents to be executed as required
by law as of the day and year first above written.
SALA, INC., a Florida corporation
By:
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STATE OF FLORIDA
COUNTY OF ORANGE
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The foregoing instrument was acknowledged before me this m day of \Ia I' \J '::../0 1996,
by Houshang Sabeti, as the President of Sala, Inc., a Florida corporation, on behal~ said
corporation, who L is personally known to me or who p, oduced G-)
as identification. ~ (f) 0
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Notary Public
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THOMAS F DIORIO
My CommInIon CC495958
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DCLRTN.OO4
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MARYANNE MORSE
CLERK OF CIRCUiT COURT
017739
97 FE8 2! AM 8: Db
Prepared by and return to:
Thomas F. Diorio
Thomas F. Diorio, P.A.
P.O. Box 1686
Winter Park, FL 32790-1686
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FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS, EASEMENTS AND RESTRICTIONS FOR THE SEASONS
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THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR THE SEASONS (hereinafter referred to as the "First
Amendment") is made and entered into as of the lot,f day of Fe hn'-ll r'Te ' 1997.
by SALA, INC., a Florida corporation, having an address of P.O. Box 533116, Or ando, Flonda
32853 (hereinafter referred to as the "Declarant").
WIT N E SSE T H:
WHEREAS, the Declarant is the "Declarant" as defined in Article I, Section 5, of that certain
Declaration of Covenants, Conditions, Easements and Restrictions for The Seasons (the
"Declaration") dated January 9, 1996, and recorded on January 23, 1996, in Official Records Book
3021, Page 1355, Public Records of Seminole County, Florida; and
WHEREAS, in accordance with the provisions of Article IX, Section 4, of the Declaration. the
Declaration may be unilaterally amended by the Declarant prior to January 1, 2003, so long as the
Declarant owns at least ten percent (10 %) of the Lots (as defined in the Declaration) at the time of
the recording of such an amendment; and
WHEREAS, there are one hundred forty one (141) Lots subject to the terms of the Declaration; and
WHEREAS, at the time of the recording of this Amendment, the Declarant owns in excess of eighty
percent (80 %) of the Lots subject to the Declaration; and
WHEREAS, the Declarant desires to amend the Declaration as set forth herein.
NOW, THEREFORE, pursuant to the authority set forth in Article IX, Section 4 of the Declaration,
the Declaration is hereby amended as follows:
1. The recitals set forth above are true and correct and are hereby incorporated herein.
2. The following shall be inserted as Article VII, Section 25 of the Declaration:
Section 24. Screen Enclosures. Subject to the requirements of Article VI of the Declaration,
a screen enclosure may be attached to any Dwelling Unit located on any Lot other than the
Patio Home Lots. Provided that the screen enclosure complies with the requirements
imposed by the City of Winter Springs, Florida, such screen enclosure shall not be
considered as a part of the Dwelling Unit when calculating rear setback requirements (i.e.,
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such screen enclosures may be located beyond the rear setback lines but in no event beyond
the rear property line of such Lot). In no event shall such screen enclosure be constructed
within any side setback areas. In no event shall any such screen enclosure be permitted to
be permanently enclosed or converted to an air conditioned/heated living area.
3, In the event of a conflict between the terms of this First Amendment and the terms of the
Declaration, the terms of this First Amendment shall control. Other than as amended hereby,
the Declaration shall remain in full force and effect.
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Signed, sealed and delivered in the
in the presence of:
DECLARANT
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IN WITNESS WHEREOF, the Association has set its hand and seal as of the day
above written.
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~~~E OF FLORIDA
COUNTY OF ORANGE
SALA, INC.,
a Florida corporation
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President
(CORPORATE SEAL)
The foregoing instrument was acknowledged before me this .;bh-t- day of F-~u. !AR.~ V ,
1997, by Houshang Sab~as the President of Sala, Inc., a Florida corporation, on behalf of said
corporation, He '~is personally known to me or he has produced
as identification.
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