HomeMy WebLinkAboutTuskawilla Trace
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~ARYANNE t"IOHSE
CLERK OF Ctr\CUIT COURT
SEHltQc COUHT'I. FU
KECOROED & VERIFIEL
98JUL30 PM2:ll
239883
Declaration of Covenants, Conditions,
Easements & Restrictions
for
Tuskawilla Trace
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Prepared by and ~:
Clifford B. Shepard, [([
Shepard, Filburn & Goodblatt, P.A.
221 Northeast Ivanhoe Boulevard, Suite 205
Orlando, Florida 32804
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Table of Contents SEMINOLE CO. Fl
RECITALS .................................................................. 1
ARTICLE I
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 "Architectural Review Board" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 "Assessment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.3 "Association" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.4 "Board". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.5 "~" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.6 "Common Expenses" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.7 "Common Property" ............................................... 2
1.8 "Common Streets and Roads" ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.9 "Community Wall" ................................................ 2
1.10 "Construction Plans" ............................................... 2
1.11 "County". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.12 "Declaration"....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.13 "Developer". . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 3
1.14 "Tuskawilla Trace" and "Tuskawilla Trace Community" . . . . . . . . . . . . . . . . . . . 3
1.15 "Governmental Regulations" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.16 "Institutional Lender" .............................................. 3
1. 17 "Improvements". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.18 "Lot(s)"......................................................... 3
1.19 "Member".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.20 "Owner". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.21 "Plat". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.22 "Residential Property" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.23 "SJR WMD" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.24 "Surface Water Management System" .................................4
1.25 "Subiect Property" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE II
OBJECTS AND PURPOSES .............................................. 4
ARTICLE III
EFFECT OF DECLARATION ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.1 Covenants Running with Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.2 Property Affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.3 Parties Affected ................................................... 6
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ARTICLE IV SEMINOLE CO. FL
PROPERTY SUBJECT TO DECLARATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.1 Subiect Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.2 Addition of Property ...............................................7
ARTICLE V
USE CLASSIFICATIONS ................................................ 7
5.1 Residential Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.2 Common Property ................................................. 7
ARTICLE VI
PERMITTED USES ..................................................... 7
6.1 Residential Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6.2 Common Property ................................................. 7
ARTICLE VII
USE RESTRICTIONS - RESIDENTIAL PROPERTY .......................... 8
7.1 Single Family Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 8
7.2 Ownership and Leasing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7.3 Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7.4 Commercial Activity ............................................... 8
7.5 Offensive Activity ................................................. 8
7.6 Animals and Pets .................................................. 9
7.7 Commercial and Recreational Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7.8 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7.9 Reconstruction of Damaged Im'provements .............................11
7.10 Garbage and Garbage Containers .................................... 11
7.11 Burning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7.12 Storage Tanks. . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 11
7.13 Mineral Exploitation .............................................. 11
7.14 Laundry and Clothes Drying ........................................ 11
7.15. Radio Transmission Equipment. . . . . . .. . . . .. . . . ... . . . . . . . . . . . . . . . . . . .12
7.16 .signs............................................................ 12
7.17 Trees..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7.18 Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.19 Rules and Regulations ............................................. 13
7.20 Enforcement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.21 Precedence Over Less Stringent Governmental Regulations ............... 13
ARTICLE VIII
BUILDING RESTRICTIONS - RESIDENTIAL PROPERTY ................... 14
8.1 Building Type ................................................... 14
8.2 Approved Plans .................................................. 14
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8.3 Governmental Regulations. . . . . . . . . . . . . . .SEMINOLE. Co.. .F.L. . . . . . . . . . . . 14
8.4 Construction. . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8.5 Construction Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8.6 Height Limitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8.7 Building Setback Lines ......................................'...... 15
8.7.1 ~ ..................................................... 15
8:7.2 Comer Lots ............................................... 15
8.7.3 Exclusions................................................ 15
8.8 Other Setback Lines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8.8.1 Swimming Pools ...........................................15
8.8.2 Swimming Pool Decks. Patios and Enclosures ................. . . . 16
8.8.3 Outbuildings ~d Accessory Structures. . . . . . . . . . . . . . . . . . . . . . . . . . 16
8.9 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8.10 Dwelling Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8.11 Temporary Improvements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .16
8.12 Garages and Cm:ports . . . ... . . . . . . . . . .. . . . . . . . . . ., . . . . . . . . . . . . . . . . . .16
8.13 Curb Cuts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.14 Driveways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.15 Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.16 Roof Structures .................................................. 17
8.17 Antennas. Etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 .18 Awnings. Shutters and Window Coverings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8.19 Exterior Air Conditioning Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8.20 Fences and Walls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8.21 Exterior Building Materials. Finishes and Colors ........................ 18
8.22 Exterior Lighting ................................................. 18
8.23 Mailboxes and Other Delivery Boxes ................................. 18
8.24 Underground Utilities ............................................. 19
8.25 Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8.26 Grass. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8.27 Trees.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8.28 Irrigation Systems ................................................ 20
8.29 Artificial Vegetation ..............................................20
8.30 Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . 20
8.31 Precedence Over Less Stringent Governmental Regulations ............... 20
8.32 Waivers. Exceptions and Variances by Developer .......................21
8.33 Architectural Review Board Approval ................................21
ARTICLE IX
COMMON PROPERTY ................................................. 22
9.1 Additional Property ...............................................22
9.2 Restriction on Use ................................................22
9.3 Restriction on Conveyance ..................,......................22
Page iii of vii
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
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Encumbrance as Security. . . . . . . . . . . . . . 'SEH'IHOLf CO.' F.l. . . . . . . . . . . . .23
Use by Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Delegation of Use ................................................ 24
Waiver of Use ................................................... 24
Administration and Care ........................................... 25
Rules and Regulations ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Community Wall ................................................. 25
Payment of Assessments Not Substitute for Taxes ....................... 25
ARTICLE X
ASSESSMENTS ....................................................... 26
10.1 Assessments for Common Expenses .................................. 26
10.2 Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
10.3 Use of Assessments ............................................... 27
10.4 Prohibited Use of Assessments ......................................27
10.5 Lien for Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
10.6 Personal Liability for Assessments ...................................28
10.7 Types of Assessments .............................................28
10.8 Regular Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10.8.1 Rate of Regular Assessment ..................................29
10.8.2 Developed vs. Undeveloped Lots .............................. 29
10.8.3 Notice of Regular Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
10.8.4 Commencement of Regular Assessments ........................30
10.8.5 Insufficient Regular Assessments ..............................30
10.8.6 Limitation on Increases ......................................30
10.8.7 Payment of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
10.8.8 Developer Option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
10.8.9 Reserves........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31
10.9 Capital Expenditure Assessments ....................................31
10.10 Special Assessments .............................................. 31
10.11 Individual Lot Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
10.12 Quorum for Action Authorized Under Subsection 10.8.6 and Sections 10.9 and
10.10. . . . . . .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
10.13 Uniformity of Assessments ......................................... 33
10.14 Exempt Property .................................................33
10.15 Subordination of Assessment Lien ................................... 33
10.16 Certificate of Assessments Due . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
10.17 No Defenses or Offsets ............................................34
10.18 Waiver of Homestead and Other Exemptions ...........................34
ARTICLE XI
NON-P A YMENT OF ASSESSMENTS ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
11.1 Delinquency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Page iv of vii
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11.2 Notice of Lien 00.......... 0 . 0 . . . 0 0 . 0 oSEMIH8lE. co...Fl.. . . . 0 . . . . . . . . 34
11.3 Foreclosure of Assessment Lien 0" 0 . . . . . . . . . . . 0 . 0 . 0 0 . . . . 0 . . . . . . . . . . . 35
11.4 Collection from Owner ...... 0 0 . 0 . . . . . . . . . . . . 0 . . . . 0 . . . . . 0 . 0 0 . . . 0 . . . 35
11.5 Judgment Amount ....... 0 . . 0 . 0 . . 0 . 0 . . . . . . . . 0 . . 0 0 . . . . . 0 . 0 . . . . . . . . . 35
11.6 Remedies Cumulative ........ 0 . . . 0 . . . 0 . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . 36
11.7 Satisfaction of Lien 0..... 0 . 0 . . . . 0 . . . 0 . . 0 . . . . . . . . . . 0 0 . . . . . . . . . . . . . . 36
ARTICLE XII
ASSOCIATION: PURPOSES. DUTIES AND POWERS. . . . 0 . . . . . . . . . . . . . . . . . . 36
12.1 Objects and Pur:poses and Function . . : . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
12.2 Duties and Powers ............. 0 . . . 0 . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . 0 . 36
12.3 Duties of Association. . . . . . . 0 0 . . . 0 . . . . 0 . . . . . . . . . . . . . 0 . . . . . 0 . . . . . . . . 36
12.3.1 Payment of Common Expenses. . . . . . . . . . . . . . . . . 0 .. . . . . . . . . . .. .37
12.3.2 Levy and Collection of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
12.3.3 Other Services ............................................. 37
12.3.4 Insurance ......................................... 0 . . . . . . . 37
12.3.5 Preserve and Enhance Beauty of Tuskawilla Trace. . . . . . 0 . . . . . . . . . . 37
12.3.6 Promotion of Health. Safety and Welfare ........ 0 . . . . . . . . . . . . . . . 37
12.3.7 Establish and Enforce Rules and Regulations. . . . . . . 0 . . . . 0 . . . . . . . .37
12.3.8 Other Activities ......... 0 . . . . . . . . . . . . . . ., . . 0 . . . . . . . . . . . . . . . 37
12.3.9 Operate Without Profit. . . . 0 . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
12.4 Powers of Association. . . . . . 0 . . 0 0 0 . . . . . . . . . . . . . . . . 0 . 0 . . . . 0 0 . . . . . . . .38
12.4.1 Own and Deal with Common Property. . .. . . . . . . . . . . . 0 0 . . . 0 . . . . . 38
12.4.2 Levy and Collect Assessments. 0 . . 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . 0 38
12.4.3 Establish Reserves .... . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . 0 0 . . . 0 . . . . 38
12.4.4 Sue and Be Sued ....... 0 . . . . . . . 0 . . . . . . . . . . . 0 . . . . 0 . . . . . . . . . . 38
12.4.5 Borrow Money. . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
12.4.6 Employ and Contract. . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . 0 . . 0 38
12.4.7 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 . . . 39
12.4.8 Provide Public or Quasi Public Services ..................... 0 . . . 39
12.4.9 Enforce Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . 0 39
12.4.10 Surface Water Management System ................... 0 . . 39
12.5 Limitations and Restrictions on Power of Association .................... 39
12.5.1 Contracts for a Term in Excess of One Year. . . . . . . . . . . . . . . . . . . . . .40
12.5.2 Pledge of Assessment Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
12.5.3 Sale or Transfer of Real Property . 0 . . . . . . . . . . . 0 0 . . . . . . 0 0 0 . 0 0 0 . .40
12.5.4 Payment of Compensation to Officers or Directors 000. . . . 0 0 . 0 0 0 0 0 0 041
ARTICLE XIII
ASSOCIATION. MEMBERSHIP AND VOTING RIGHTS. 0 0 . 0 . . . . . 0 0 . 0 0 0 . 0 . 0 .41
13.1 Membership.......... 0 0" 0 0.............. 0 0..0... 0 o. 0" 0 0 0 0... 0.41
1302 Transfer of Membership 0 . . . 0 . . . . 00' . . . . . . 0 . . . . . . . . . 0 . . . . . . 0 0 . 0 . 0 0 . .41
13.3 Members' Ri ghts ........ 0 . . . . 0 . . 0 . 0 . 0 0 0 . 0 0 0 . 0 . . 0 . . . 0 0 0 . . . 0 0 . . . . . . 41
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13.4 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . 'SEMINOlE- Co.. .F-I... . . . . . . . . .41
13.5 Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
13.6 Classes of Voting Membership: Number of Votes .......................42
13.6.1 Class A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
13.6.2 Class B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
13.7 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
13.8 Approval by Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .43
ARTICLE XIV
EASEMENTS ......................................................... 43
14.1 Easements Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . .43
14.1.1 Utility Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
14.1.2 Drainage Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
14.1.3 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
14.1.4 Wall and Landscape Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
14.1.5 Landscape Easements .......................................45
14.1.6 Intentionally blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45
14.1.7 Construction and Marketing Easements .........................45
14.1.8 Association Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
14.1.9 Common Roads and Streets. .. . .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . .46
14.1.10 Intentionally Blank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46
14.1.11 Sidewalk Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
14.2 Future Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46
ARTICLE XV
ARCHITECTURAL AND LANDSCAPE CONTROL ........................ .47
15.1 Reservation of Architectural and Landscape Control .....................47
15.2 Architectural Review Board Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
15.3 Architectural Review Board Authority ................................48
15.4 Architectural Review Board Approval ................................48
15.5 Objective Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
15.6 Rules and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
15.7 Subiective Judgment ..............................................49
15.8 Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
15.9 Applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
15.10 Procedure....................................................... 49
15.11 Approval ................................. .'. . . . . . . . . . . . . . . . . . . . . 50
15.12 Changes ........................................................ 50
15.13 Notice of Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
15.14 Developer Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
15.15 Exculpation for Approval or Disapproval of Plans .......................51
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ARTICLE XVI - SEMINOLE CO. Fl
AMENDMENT ............................................ . . . . . . . . . . . . 52
16.1 Amendment by Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
16.2 Amendment by Association. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
16.3 Manifestation of Requisite Consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
16.4 Effectiveness of Amendments ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
16.5 Limitations on Amendments ........................................53
c
ARTICLE XVII
DURATION........................................................... 54
ARTICLE XVIII
ENFORCEMENT ...................................................... 54
18.1 Parties Entitled to Enforce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
18.2 Limitations on Enforcement Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
18.3 Enforcement by Owners. . . ... . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
18.4 Attorneys' Fees ..................................................55
18.5 No Waiver. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
18.6 Nuisance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56
18.7 Cumulative Rights and Remedies .................................... 56
18.8 Effect ofInvalidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 56
18.9 Exculpation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
ARTICLE XIX
MISCELLANEOUS PROVISIONS ........................................ 56
19.1 Constructive Notice and Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
19.2 Personal Covenants ...............................................57
19.3 Governing Law .................................................. 57
19.4 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
19.5 Article and Section Headings .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
19.6 Singular Includes Plural. Etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
19.7 Time of Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
19.8 Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
19.9 Development and Construction by Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . 58
19.10 Assignment of Developer's Rights and Interests. . . . . . . . . .. . . . . . . . . . . . . . . 58
19.11 No Warranties................................................... 58
EXHIBIT "A" ............................................................... 60
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OFflClORECOR8S
BOOK ~\ ('::-
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THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND
RESTRICTIONS FOR TUSKA WILLA TRACE is Made and executed this 2.1. day of
o U L'f , 19 <[J, by D. R. H. L, INC., a Florida corporation (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 Tuskawilla Trace,
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 (hereinafter referred to as the "Subject Property"); and
B. Developer intends that the Subject Property be developed as a single family
residential community known as "Tuskawilla Trace;" 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 Tuskawilla Trace shall be subject 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 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
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those provisions of Article XV of this Declaration entitled ArchitecturalfiMdNOiri.l~aptFd:ontrol.
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 Tuskawilla Trace Homeowners'
Association, Inc., a corporation not-for-profit organized and existing under the laws of the State
of Florida.
1.4 "Board" shall mean and be defined as the Board of Directors of the Association.
1.5 "City" shall mean and be defined as the City of Winter Springs, a political
subdivision of the State of Florida, specifically including each and all of its departments and
agenCIes.
1.6 "Common Expenses" 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 defmed as all real and personal property,
rights and interests from time to time owned or held by the Association for the common use,
enjoyment and benefit of all Owners, including, but not.limited to 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 Tuskawilla Trace 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 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.
1.10 "Construction Plans" shall mean and be defined as the Construction Plans For
Tuskawilla Trace prepared by on, Job No. _,
approved by the City of Winter Springs on , 199_.
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1.11 "County" shall mean and be defined as Seminolegr~glcf~Otifltl subdivision
of the State of Florida, specifically including each and all of its departments and agencies.
1.12 "Declaration" shall mean and be defined as this Declaration of Covenants,
Conditions, Easements and Restrictions for Tuskawilla Trace and all amendments thereto and
modifications thereof as are from time to time recorded among the Public Records of the County.
1.13 "Developer" shall mean and be defined as D. R. H. 1., Inc., a Florida corporation,
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.
1.14 "Tuskawilla Trace" and "Tuskawilla Trace Community" shall mean and be
defined as Tuskawilla Trace, 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
ofthe County, including all Residential Property and Common Property.
1.15 "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 the Subject Property or any
Improvements constructed or located thereon, including, without limitation, those pertaining to
building and zoning.
1.16 "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 and transferees of Developer who shall own or
hold any mortgage upon the Subject Property or any portion thereof which was originally
executed and delivered to and owned and held by Developer.
1.17 "Improvements" shall mean, be defined as and include any buildings,
outbuildings, structures, driveways, walkways, swimming pools, patios, decks, fences, walls,
landscaping, and any and all other appurtenances, facilities and improvements of any kind, nature
or description constructed, erected, placed, installed or located on Residential Property and any
replacements thereof and all additions or alterations thereto.
1.18 "Lot(s)" 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
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constructed, erected, placed, installed or located thereon. The Develop6i~eury OOvJElo plat a
total of twenty-four (24) Lots but is under no obligation, express or implied, to do so.
1.19 "Member" shall mean and be defined as all members of the Association and shall
include all Owners.
1.20 "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 Tuskawilla Trace, 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.
1.21 "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.
1.22 "Residential Property" shall mean and be defined as all of the Lots.
1.23 "SJRWMD" shall mean the St. Johns River Water Management District.
1.24 "Surface Water Management System" means a system including, but not limited
to, roadway and rear-yard under-drains, as depicted in the Construction Plans, which is designed
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, over drainage, 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.
1.25 "Subject Property" shall mean all lands included within and embraced by the plat
of Tuskawilla Trace, 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.
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 Tuskawilla Trace as a premier single family residential
community in Central Florida;
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(b) To create, develop, foster, maintain, preserv~,~~tQ.0itJiih
Tuskawilla Trace 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 Tuskawilla Trace;
(c) To ensure that the development of Tuskawilla Trace 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
Tuskawilla Trace;
(e) To protect each Lot, piece, parcel or tract of land within Tuskawilla Trace
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
Tuskawilla Trace;
(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;
(h) To provide for the future ownership, management, administration,
improvement, care, maintenance, use, regulation, preservation and protection of all Common
Property within Tuskawilla Trace and to provide for and assure the availability of the funds
required therefor;
(i) To provide for the establishment, maintenance, preservation, protection
and enhancement of consistently high property values within Tuskawilla Trace;
G) 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
(I) In general, to provide for the development, creation, operation and
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preservation upon the Subject Property of an exclusive single fanfi~hfudH.y. di1l.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 every one ofthe
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.
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, as amended.
3.3 Parties Affected. Except as hereinafter specifically provided, this Declaration
shall be binding upon and inure to the benefit of all Owners of the property affected and
encumbered by this Declaration, including Developer and the Association, and all other persons
having or claiming any right, title or interest in such property. Accordingly, each and every
person or party who or which shall hereafter acquire, have or claim any right, title or interest in
and to any Lot, piece, parcel or tract ofland within the Subject Property, whether by, through or
under Developer or any subsequent Owner, shall, by virtue of the acceptance of any such right,
title, interest or claim, whether by deed or other instrument, or by operation of law or otherwise,
and whether 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 every one 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 SEMINOLE CO. FL
PROPERTY SUBJECT TO DECLARATION
4.1 Subiect 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 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 Common Property. Common Property shall include all real and personal
property from time to time owned by the Association and tracts of land, if any, shown on the Plat
as owned or to be owned by the Association, for the common use, enjoyment and benefit of all
Owners, including, but not limited to the Community Wall, the Common Streets and Roads, the
benefit of all easements shown on the Plat, the storm water management tracts, the benefit ofthe
easements established by this Declaration for any common facilities that from time to time may
be installed on any Lot, as provided in this Declaration, and all easements, if any, granted to the
Association.
ARTICLE VI
PERMITTED USES
6.1 Residential Property. Except as hereinafter provided in Subsection 14.1.70f
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 Tuskawilla Trace and their guests and invitees.
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ARTICLE VII SEMINOLE CO. FL
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 14.1.7 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 ofless than twelve (12) months. No "time-share plan", as that
term is defined in Section 721.05, Florida Statutes, 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 ofa Lot less than
the whole thereofbe 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 no such combination
of a Lot and a portion of another Lot or combination of two (2) or more Lots shall thereafter be
resubdivided 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 an
application to modify or re-plat the lots affected by such conveyance and combination.
7.4 Commercial Activity. Except for (i) the permitted activities specifically
provided in Subsection 14.1.7 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 Tuskawilla Trace or to the
residence.
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
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which may be or tend to become or cause an unreasonable annoyance ~i~c, Wl\effier
public or private, to residents in the immediate vicinity or to the Tuskawilla Trace 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 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 facie 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 use, occupation and enjoyment of other
Residential Property. '
7.7 Commercial and Recreational Vehicles.
(a) No truck, bus, trailer or other "commercial vehicle" (as that term is
hereinafter defined) and no mobile home, motor 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
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(d) In the context of this Section 7.7, parking on "a temporary or short term
basis" shall 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 calendar year.
(e) In the context of this Section 7.7 the term "commercial vehicle" shall
mean and be defined as a car, truck, motor'home, bus, vall, or motorized vehicle of any kind or
nature whatsoever that displays on any part thereof advertising any kind of business or on or
within which any commercial materials and/or tools are visible.
(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 Tuskawilla Trace, 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
ofthe 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 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
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Residential Property. Enforcement of the provisions of this SectiOfJ.Eit:'8~6hJ[lf.filn&bcordance
with the provisions of Section 7.20 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 of the offending incident, the Owner of the
affected Residential Property shall cause the damaged or destroyed Improvements to be repaired,
rebuilt or reconstructed or to be removed and cleared from such Residential Property. Any such
repair, rebuilding or reconstruction shall be approved and accomplished as otherwise required
pursuant to the provisions of this Declaration. Enforcement of the provisions ofthis Section 7.9
shall be in accordance with the provisions of Section 7.20 of this Declaration and such other
provisions ofthis Declaration as shall be applicable to its enforcement generally.
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 adjacent
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.
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 like, shall be permitted outside of a building on Residential Property 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 Exploitation. 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
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be permitted outside of any building on Residential Property ll9-~I_t.att.).esli'aII 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 or
neighboring property, including all of the Common Streets and Roads.
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7.15 Radio Transmission Equipment. No radio, microwave or 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 consent of the Association,
and such consent, once given, may be revoked by the Association in the event that the operation
of any such equipment interferes with ordinary radio, telephone or television reception or
equipment, including the Tuskawilla Trace central cable television and gate control systems.
7.16 Signs.. No sign, billboard or advertising of any kind shall be displayed to public
view on Residential Property without the prior written consent of the Architectural Review
Board; except as follows: (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 Lot; 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 Lot; 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 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. As used herein the term "tree"
shall mean and be defined as any 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 the tree) and normally
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grows to a minimum height of fifteen (15) feet. Any tree(s) removed i1jl!M>mtit1f.'cd~ipL
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 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, alter, amend, rescind and a\lgment any of the same; provided, however, that no rules or
regulations so promulgated shall be in 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.
7.20 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 Improvements thereon, without being guilty of any trespass therefor, for the
purpose of undertaking such acts or actions as may be reasonably necessary to cure or eliminate
such violation; all at the sole cost and expense ofthe Owner of the affected Lot. Such costs and
expenses, together with an overhead expense to the Association of fifteen percent (15%) ofthe
total amount thereof shall be assessed 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.
7.21 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 Goverrunental Regulations,
the covenants, conditions and restrictions set forth in this Article VII shall take precedence and
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prevail over such less stringent Governmental Regulations. Conve~Bh1 tN !9\<[6(()@.I>tJit1ces 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 RESTRICTIONS - 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:
8.1 Building Type. As the use of Residential Property is limited to single family
residential dwelling purposes only, no building or structure other than one (l) 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
applicable Governmental Regulations, including, without limitation, all building and zoning
regulations of the City.
8.4 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 of Florida and the City to engage in the
business 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
Tuskawilla Trace. The latter approval shall be within the sole and absolute discretion of
Developer.
8.5 Construction Time. Unless otherwise approved by the Architectural Review
Board in writing, construction of all residential dwellings 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 specifications for any proposed
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 ofthe
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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 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.
8.6 Height Limitation. No Improvement on Residential Property shall exceed
thirty-five (35) feet in height, from the finished grade to the roof peak at its highest point. Each
residential dwelling on a Lot shall consist of not more than two (2) full stories (not including
basement) unless otherwise approved in writing by the Architectural Review Board.
8.7 Building Setback Lines. No part of any building shall be constructed, erected,
placed or installed any closer to the property boundary lines of Residential Property than as
follows:
8.7.1 Lots. No closer than twenty-five (25) feet to the front yard (street side) property
boundary line; twenty-five (25) feet to the rear yard property boundary line; and seven and one-
half (7Y2) feet to the side yard property boundary lines on interior lots.
8.7.2 Comer Lots. Notwithstanding the side yard building setback lines established
elsewhere in this Section 8.7, the side yard building setback line on the side yard of comer lots
(i.e., on the street side ofa Lot which is not the front of the residential dwelling constructed
thereon) shall be twenty (20) feet to the side yard property lines on the side(s) ofthe property
adjacent to street rights of way; provided, however, the minimum requirements ofthis
Subsection 8.7.2 shall not lessen, replace, or diminish the setback requirements ofthe City Code
of Ordinances, to the extent any such requirements in the City Code of Ordinances are greater
than those set forth herein.
8.7.3 Exclusions. Those Improvements specified in Section 8.8 below shall be
excluded from the building setback lines established in this Section 8.7.
8.8 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 any type ofImprovement, than as follows:
8.8.1 Swimming Pools. No closer than the otherwise established side yard building
setback line plus an additional five (5) feet and no closer than fifteen (15) feet to any rear yard
property boundary line from the pool water's edge. No swimming pools shall be constructed in
front or side yards.
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8.8.2 Swimming Pool Decks. Patios and Enclosures. ~~mn~~?ptdeck or
patio, whether constructed of concrete, cool deck, aggregate wood or any other material, or
enclosure, shall be constructed nearer than ten ~1.0) ~t to any rear yard property line or nearer
than the otherwise established side yard building setback line to any side yard property line.
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8.8.3 Outbuildings and Accessory Structures. All out buildings and accessory
structures shall be located within the building setback lines otherwise established for the main
residential dwelling on any Lot unless otherwise approved in writing by the Ar.r.hit~ctural
Review Board; provided, however, all such approvals by the Architectural Review Board shall
require placement of out buildings and accessory structures within the limits set forth in the Code
of the City of Winter Springs, as amended from time to time. 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 forty (240) square feet. No ,more than a total of two (2) outbuildings or
accessory structures, or combinations thereof, shall be located on any Lot and no such
outbuilding or accessory structure may be utilized as living quarters.
8.9 Intentionally Blank;
8.10 Dwelling Size. Each single family residential dwelling constructed on
Residential Property shall have a minimum heated and cooled living area of one thousand eight
hundred (1800) square feet.
8.11 Temporary Im.vrovements. 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 ofthe 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 inconspicuously as
possible, are removed immediately following the completion of such construction, and are not
utilized as living quarters. The location of such temporary improvements during construction
shall be approved in writing by the Architectural Review Board.
8.12 Garages and Carports. No carports shall be placed, erected, constructed,
installed or maintained on Residential Property. Each single family residential dwelling
constructed and maintained on Residential Property shall have an attached garage as an
appurtenance thereto. All garages shall be for not less than two (2) standard sized passenger
automobiles. Garages may also contain appropriately sized storage rooms, recreational
workshops and tool rooms as approved by the Architectural Review Board. 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
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another use (e.g., living space) without the substitution, on t&PffilQ~f1Jd,FM another garage
meeting the requirements of this Section 8.12 of this Declaration and the approval of the
Architectural Review Board as otherwise provided in this Declaration.
8.13 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
Architectural Review Board prior to construction. The location, size and angle of the approach
of all driveways and curb cuts shall be subject to the approval of the Architectural Review Board.
8.14 Driveways. All driveways, turnarounds and parking areas shall have a concrete
base. Each driveway shall extend the entire distance from the garage door to the paved portion
of the street or roadway in front of or adjacent to the Lot on which such driveway is constructed.
8.15 Roofs. The roofs of the main body of all buildings and other structures,
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 writing by the Developer and/or the Architectural Review Board. 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 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.
8.16 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 unless the same shall first be approved in writing by the Architectural Review Board
and shall otherwise be erected, 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.
8.17 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.
8.18 Awnings. Shutters and Window Coverings. No window of any building or
other Improvements constructed upon Residential Property shall be covered by any awnings,
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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.
8.19 Exterior Air Conditioning Equipment. All air conditioning compressors and
other equipment located outside of residential dwelling shall be screened from the view of street
and road rights-of-way, and adjacent Lots by landscaping 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.
8.20 Fences and Walls. Other than those constructed by Developer and/or the
Association within the Drainage 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 walls shall be erected on Residential Property unless approved in writing by
the Architectural Review Board. The height and location of all fences or walls shall be subject to
the control and approval of the Architectural Review Board, and the limits set forth in the Code
of the City of Winter Springs, as amended from time to time. All fences and walls shall be
constructed of wrought iron, brick, painted and exterior treated wood, stucco or other masonry
materials and shall conform to guidelines and specifications otherwise set forth by the
Association. Exception to such specifications may be permitted by the Architectural Review
Board, in its discretion; provided, however, that in no event shall uncovered or exposed (whether
concrete or concrete blocks, painted or not) or chain link fences be permitted, and provided,
further, that in no event shall fences or walls not in conformity with the Code of the City of
Winter Springs be permitted.
8.21 Exterior Building Materials. Finishes and Colors. All exterior building
materials, finishes and colors shall require the approval of 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.
8.22 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.
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.
8.23 Mailboxes and Other Delivery Boxes. Until such time as the United States
Postal Service shall approve mail delivery service to Tuskawilla Trace to or at wall receptacles or
mailboxes attached to each single family residential dwelling, each Lot on which a single family
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residential dwelling is constructed and completed (as evidence~12~tHeLst-u6AbeFdf 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 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
Postal Service and that all mailboxes must be constructed utilizing a break-away type
construction method. At such time as the United States Postal Service shall approve and make
mail deliveries within Tuskawilla Trace to or at wall receptacles or mailboxes attached to each
single family residential dwelling, each Owner, upon notice and the request of the Association,
shall remove and replace the street or roadside mailbox on his Lot with a receptacle or mailbox
attached 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 as 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 Postal Service.
8.24 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 approved by the Architectural Review Board; (c) permanent
outdoor safety light poles located and installed as approved by the Architectural Review Board.
8.25 Landscaping. Each Lot shall be landscaped in accordance with a landscape plan
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 dwelling on a Lot as evidenced by the issuance of a certificate of occupancy
for such dwelling.
8.26 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 shall not be
permitted.
8.27 Trees. The provisions of Section 7.17 of this Declaration shall be applicable to
the building or construction of any single family residential dwelling or other structure or
Improvements on Residential Property and such provisions are incorporated in this Article VIII
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8.28 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 8.25 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 8.25 of this Declaration for
the installation of landscaping.
8.29 Artificial Vegetation. No artificial vegetation shall be permitted on the portion
of any Lot outside of any building on the Lot.
8.30 Sidewalks. Each Lot shall have a sidewalk located within the Sidewalk
Easement area located on such Lot, if any, as described in Subsection 14.1.11. 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 the location within'such Sidewalk Easement area which
is designated by the Design Review Board in such fashion as to connect with the sidewalk
previously constructed or otherwise planned for adjacent Lots or properties.
In the event that the sidewalk on a particular Lot is not constructed by and at the expense
of the Owner of such Lot at the 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 14.1.8 and Subsection 14.1.11 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
Individual Lot Assessment for which provision is made in Section 10.11 of this Declaration.
8.31 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, pfthis Declaration shall take precedence and prevail over such less stringent Governmental
Regulations. Conversely, in those instances 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
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8.32 Waivers. Exce.ptions 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 and 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 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 arid 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 (i) the uniform plan of development for
Tuskawilla Trace, (ii) the high architectural, ecological, environmental and aesthetic standards
otherwise established for Tuskawilla Trace or (iii) the objects and purposes ofthis Declaration as
hereinabove enumerated in Article II of this Declaration. Notwithstanding anything to the
contrary contained in this Section 8.32, 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
the expiration of a period of fifteen (15) years from the date of the recordation of this Declaration
among the Public Records ofthe County, or the sale by Developer in the ordinary course of
business, and not in bulk, of ninety percent (90%) of all Lots in Tuskawilla Trace, whichever
shall last occur. Following the occurrence of the last ofthe 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 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 8.32,
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.
8.33 Architectural Review Board Approval. Notwithstanding any other provision of
this Declaration to the contrary, no Improvements may be constructed upon any Lot except by
licensed building contractors approved by the Developer in its sole discretion and named on the
list of Approved Builders maintained by the Architectural Review Board at the time of
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construction on the Lot. Any approval by the Architectural Reg'~Mm..:lf.drm~tplans and
specifications for Improvements on any Lot shall be subject to the Owner conforming to the
requirements of this Section 8.33. The Developer and the Association reserve the right to
enforce the provisions of this Section 8.33 by injunction or other remedies available at law or
equity.
ARTICLE IX
COMMON PROPERTY
9.1 Additional Property. In addition to the Common Property described in Section
5.2 ofthis 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 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 Tuskawilla Trace 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 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 prior written consent of Developer shall automatically revert to the
Developer upon the filing by Developer among the Public Records of the County of an
appropriate declaration of its intention to accept such reversion. Upon any such reverter, any
restriction upon, subdivision of, lease, mortgage or other interest in the Common Property,
created or granted by the Association without the Developer's written consent, shall be
terminated and have no further effect on the Common Property.
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9.4 Encumbrance as Security. Notwithstanding ~13'~fo~~ection 9.3 above,
the Association shall have the right in accordance with this Declaration and its Articles of .
Incorporation and Bylaws 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.
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9.5 Use by Owners. Subject 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 Property; 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 any portion thereof designated by the Association during any time in which
any Assessment levied by the Association against such Owner and his Lot remains unpaid and
delinquent for a period of thirty (30) days or more or for a period not to exceed thirty (30) days
for any single infraction of the rules and regulations of the Association with respect to the use of
the Common Property; provided, however, that except for a suspension of such right, privilege
and easement occasioned by the failure of an Owner to pay 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 Bylaws 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 Lot; it being expressly provided, however, that temporary interference for
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purposes of appropriate identification at and clearance through TuskS~lNWt@~c~t; gates
shall not be deemed to be an unreasonable interference with such right, privilege and easement of
and for ingress and egress.
(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 ofthe 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.
( 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 the Common Property to the members of his family, his
tenants, guests or other invitees; subject, at all times, however, to such reasonable rules and
regulations governing such delegation as may be established, promulgated and enforced by the
Association pursuant to Subsection 12.3.7 of this Declaration. lnthe event and for so long as an
Owner shall delegate such right, privilege 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.
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 waiver ofthe 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.
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9.8 Administration and Care. The administration, reg~WJiROl<EUe{)l!lfl\!1tenance,
repair, restoration, replacement, preservation and protection ofthe Common Property shall be the
responsibility of the Association as more particularly provided in Article XII oftrus 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 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 oftheir 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 easement; but no attachment (including climbing vines or other
vegetation) may be made to the Community Wall, and no permanent wall, building, or other
structure may be installed, maintained, restored, or permitted to remain on any Lot within five (5)
feet ofthe Community Wall, except (a) a side wall or fence that substantially conforms to plans
and specifications approved by the Architectural Review Board, as provided in Article XV of
this Declaration, or (b) as may be permitted by the Association's rules and regulations, or (c)
with the Association or the Architectural Review Board's advance written consent. A Lot Owner
shall be 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.
9.11 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 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
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10.1 Assessments for Common Expenses. 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 Bylaws 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, made, imposed, enforced and collected pursuant to the provisions of this
Declaration and the Articles of Incorporation, Bylaws and rules and regulations of the
Association.
;
10.2 Common Expenses. The Common Expenses for which Assessments shall be
established, made, levied, imposed, enforced and collected by the Association pursuant to this
Declaration shall be all costs and expenses incurred by the Association in the discharge and
performance of the duties and obligations of the Association pursuant to this Declaration and the
Articles of Incorporation and Bylaws 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.
(b) Those incurred in connection with the ownership, administration,
management, regulation, care, maintenance, repair, restoration, replacement, improvement,
preservation, and protection of the Common Property.
(c) Reasonable reserves for repairs to and replacement of the Common
Property.
\ (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).
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(f) Those incurred for Common Property lands~ m(JkteOO1c~ @i1d
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.
(h) All taxes, paid by the Association, including, without limitation, ad
valorem real and personal property taxes on the Common Property, if any.
(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 ofthe duties and obligations ofthe 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 with capital expenditures as described in
Section 10.9.
10.3 Use of Assessments. The funds received and derived from any and all
Assessments made by the Association shall be used 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 Tuskawilla Trace and for the benefit of the
Tuskawilla Trace Community generally.
lO.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
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Sections 10.1 and 10.2 of this Declaration, in particular, the Associati~~JNbt<fllDlv.e:Fthe 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 the purpose,
in whole or part, of financing the prosecution of or otherwise supporting any actual or
contemplated litigation, including any and all appeals related thereto, against Developer with
respect to matters related to Tuskawilla Trace or its development or operation. If,
notwithstanding the foregoing prohibition, the Association shall attempt to use, make, levy,
impose, enforce and collect any Assessment for such prohibited purpose or use, Developer and
any Lot or other property owned by Developer within Tuskawilla Trace shall be and are hereby
exempted from any such Assessment or attempted Assessment.
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 ofthe 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 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 (a) an initial fee, (b) Regular Assessments, (c)
Capital Expenditure Assessments, (d) Special Assessments, and (e) Individual Lot Assessments,
all as described below.
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/IOO DOLLARS ($250.00) for
calendar year 1998. Subsequent to calendar year 1998, the amount of the initial fee for calendar
year 1999 and each successive calendar year thereafter shall be established and determined by the
Board which will use its best efforts to establish the fee no later than thirty (30) days prior to the
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beginning of each calendar year. The initial fees shall be deposited ismMGla[aOOJlte[,est
bearing bank account to be held in trust by the Association and, accordingly, same my 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.
10.8 Regular 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:
1 0.8.1 Rate of Regular Assessment. The amount of the Regular Assessment for
calendar year 1998 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 ofthe 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
twenty-four (24) which is the total number of Lots the Developer currently plans to develop in
Tuskawilla Trace. The quotient shall constitute the amount of the Regular Assessment for the
"constructed Lots" (as defined in Subsection 10.8.2) for such calendar years. Pursuant to
Subsection 10.8.2, the Regular Assessment for Lots that are not constructed Lots shall be no
more than twenty percent (20%) of that for the constructed Lots.
10.8.2 Developed vs. Undeveloped Lots. 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 Regular Assessments shall assess Lots that are not
constructed Lots for an amount less than constructed Lots. In this regard, the Regular
Assessments of Lots that are not constructed Lots shall not exceed twenty percent (20%) ofthe
Regular Assessments of constructed Lots. For purposes of this provision, construction shall be
deemed to have commenced as to any Lot upon the earlier of (a) the commencement of
construction of vertical Improvements pursuant to the appropriate and necessary governmental
approvals and permits, and (b) the conveyance of said Lot by the Developer to a third party
person.
10.8.3 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
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10.8.4 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 ofa Lot by Developer to any third-party
individual Owner.
10.8.5 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.
10.8.6 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 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 Association at least thirty (30) days in advance of such meeting.
10.8.7 Payment of Assessments. Regular Assessments shall be due and payable in l
advance in monthly, quarterly, semiannual or annual installments as determined by the Board of
Directors of the Association, in its reasonable discretion. Such installments shall be due and
payable without any further notice other than that notice specified in Subsection 10.8.3 above.
10.8.8 Developer Option. 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 ofthis 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
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must pay the Regular Assessment with respect to each Lot owned bY9tRmtltiffl<C@. tfiUe, same
as any other Owner.
10.8.9 Reserves. The Regular Assessments shall include a reasonable amount as
determined by the Board of Directors ofthe 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 10.8.9 or otherwise, shall be deposited by the Association in
a separate interest bearing bank account to be held in trust by the 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.
10.9 Capital Expenditure Assessments. In addition to the other Assessments for
which provision is made in this Declaration, the Association shall be and is hereby authorized
and empowered to 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 (500%) 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.
10.10 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
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(the "Special Assessments"); provided, however, that any such Speci5~~~tre-ee-O~WI have the
prior approval of greater than fifty percent (50%) of the total voting power of the members ofthe
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 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 such purpose.
10.11 Individual Lot Assessments. In addition to any other assessments for which
provisions are made in this Declaration, and subject to the limitations put on the Association in
Section 10.4, the Association shall be and hereby is authorized and empowered to establish,
make, levy, impose, enforce and collect against and from a particular Lot and the Owner of such
Lot an assessment (the Individual Lot Assessment") for:
(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
noncompliance;
(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 Lot;
(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
Lot; 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 10.11.
10.12 Quorum for Action Authorized Under Subsection 10.8.6 and Sections 10.9 and
10.10. The quorum required at any meeting of the Association for any action authorized
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pursuant to Subsection 10.8.6 and Sections 10.9 and 10.10 of this ~hllN~s\'iQl.J. bb 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 10.8.6 and Sections 10.9 and
10.10, and the required quorum at any such subsequent meeting shall be one-half (Y2) of the
required quorum at the first meeting provided that no such subsequent meeting shall be held
more than sixty (60) days following the date of the first meeting.
10.13 Uniformity of Assessments. Except for Individual Lot Assessments for which
provision is made in Section 10.11 of this Declaration, and subject to Subsection 10.8.2 and the
Developer's rights under Subsection 10.8.8, 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.
10.14 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.
10.15 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 ofthe County. The sale, transfer or conveyance oftitle 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
ofthe 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 the payment of any
Assessments accruing or becoming due and payable subsequent to such sale, transfer or
conveyance from the lien thereof.
10.16 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, Secretary, Treasurer or any other officer "hereunto duly authorized, setting forth
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whether Assessments payable with respect to a particular Ig:f!MfNG~@eo'~ftll... the amount of the
delinquency, if any, and the amounts of any outstanding and unpaid interest, late charges,
penalties, costs of collection, including attorneys' fees and court costs, if any, associated with
any such delinquent Assessments. A properly executed certificate of the Association as to the
status 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 Noll 00 Dollars ($25.00).
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10.17 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 (a) the Association
is not properly exercising its rights and powers or performing or discharging its duties and
obligations as provided in this Declaration, the Articles or Bylaws; (b) an Owner and his family
has made, or elected to make, no use of the Common Property; (c) the Owner and his family
have otherwise made a purported waiver or elected to waive their membership in the
Association; or (d) 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.
10.18 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 Delinquency. 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 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. Additionally, any such unpaid Assessment shall bear interest from the date of
delinquency at the highest rate then allowed by the laws ofthe State of Florida.
11.2 Notice of Lien. The Association shall, at any time following the expiration of a
period often (10) days following the aforesaid delivery of the notice of delinquency, be entitled
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to cause a Claim of Lien for such delinquent Assessments to be filed anfriitltltWtmil{Jtt.~tcords
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 hereunto 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 ofthe County against or
with respect to a particular Lot, be entitled to bring an action in the the appropriate Court of the
Eighteenth Judicial Circuit in and for the County to foreclose the lien ofthe 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.
1104 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 appropriate Court of the Eighteenth
Judicial Circuit in and for the County against the 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 over the person of such Owner for purposes of any action at law for the
recovery and collection of any delinquent Assessment for the payment of which he is personally
obligated.
11.5 Judgment Amount. Whether in an action at equity to foreclose the lien of the
Association for delinquent Assessments or in an action at law for the recovery and collection of
any such delinquent Assessment from the Owner of the Lot personally obligated for the
payments of the same, the Association shall be entitled to recover in such proceedings the
amount of such 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
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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 hereunto 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 ofa 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 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 Property, the payment of all Common Expenses, as
defined in this Declaration, and the promotion and advancement of the health, safety and general
welfare of the members of the Association; all as more particularly provided in this Declaration
and in the Articles ofIncorporation, Bylaws and rules and regulations of the Association.
12.2 Duties and Powers. In addition to those duties and powers conferred by law and
those specified and enumerated in its Articles ofIncorporation and Bylaws, 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 ofthe objects and purposes
for which the Association has been created and established.
12.3 Duties of Association. The Association, acting by and through its Board of
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Directors, shall, in addition to those general and specific duties, respot)IDWti6l1s~tfllgations
imposed upon it by law and those specified in its Articles ofIncorporation and Bylaws, have the
following specific duties, responsibilities and obligations:
12.3.1 Payment ot-Common Expenses. 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, or force
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, 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 Tuskawilla Trace. To preserve, protect,
maintain and enhance the appearance and natural beauty of the Common Property and
Tuskawilla Trace Community generally.
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
Tuskawilla Trace and the Tuskawilla Trace 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.
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
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engaged in by a corporation not-for-profit under the laws of the State a!~N9l~s~:>flte
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 Tuskawilla Trace 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 Bylaws, 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 Bylaws of the Association, to acquire,
own, hold, control, administer, manage, operate, regulate, care for, maintain, repair, replace,
restore, preserve, protect, buy, sell, lease, transfer, convey, encumber or otherwise deal in or with
real or personal property, (or any interest therein, including easements) which is, or upon its
acquisition by the Association shall thereupon become, Common Property as defined in this
Declaration.
12.4.2 Levy and Collect Assessments. To establish, make, levy, impose, enforce and
collect all Assessments and impose, foreclose and otherwise enforce all liens for Assessments for
which provision is made in this Declaration in accordance with the terms and provisions of this
Declaration and the Articles of Incorporation and Bylaws of the Association.
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. Subject 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
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Association to carry out, perform and discharge all or any part of its dutieS~~OOth~fro.<rL
responsibilities pursuant to this Declaration and the Articles ofIncorporation 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.
12.4.7 Intentionally Blank.
12.4.8 Provide Public or Quasi Public Services. Subject to the rights of the City under
applicable franchise agreement, to itself provide equipment, facilities and personnel or to
contract with an independent contractor or independent contractors, for such public or quasi
public services as may be deemed by the Association to be reasonably necessary or desirable for
the common health, safety and general welfare of the residents of Tuskawilla Trace and the
Tuskawilla Trace Community generally, including, without limitation, internal security and
protection services, garbage and trash pickup and disposal services, cable television services and
street lighting services.
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 oflitigation 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 Surface Water Management System. The Association shall be
responsible for the maintenance, operation and repair ofthe Surface Water Management System
including, but not limited to, the roadway and rear-yard under-drains. Maintenance of the
Surface Water 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 storm water management capabilities as
permitted by the SJRWMD. The Association shall be responsible for such maintenance and
operation. Any repair or reconstruction of the Surface Water 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 SJR WMD 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 Bylaws 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
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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 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 ofthe Association to exercise its power to
establish, make levy, impose, enforce and collect any Assessments for which provision is made
in this Declaration whereby as a result of such pledge, assignment or encumbrance such right and
power of assessment may be exercised by a party other than the Association or whereby the
Association shall become obligated to establish, levy, enforce and collect any Assessment or
Assessments in a particular amount or within a particular time so as to effectively divert from the
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 ofthe
Association'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.
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 Tuskawilla Trace 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 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 Surface
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Water Management System, or any facilities associated with the opeSfiMdH:a1sfidiQy~bm,
without the prior written consent ofthe SJRWMD and the City.
12.5.4 Payment of Compensation to Officers or Directors. The payment of
compensation to the elected directors or to officers of the Association for services performed in
the conduct oftheir duties is prohibited; provided, however, that nothing herein contained shall
preclude the Association from reimbursing any such elected director or officer for reasonable
expenses actually incurred and paid by any such elected director or officer in the conduct of the
business and affairs of the Association; and provided, further, that nothing herein 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.
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,
Bylaws 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' 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 all times be subject to the terms and provisions of the Articles ofIncorporation, Bylaws
and Rules and Regulations of the Association.
13.4 Intentionally Blank.
13.5 Voting Rights. An Owner's right to vote shall vest immediately upon such
Owner's qualification for membership as provided in this Declaration and the Articles of
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Incorporation and Bylaws of the Association. All voting rights ofa mem15ji~O~ ~rqtled in
accordance with and subject to the restrictions and limitations provided in this Declaration and in
the Articles of Incorporation, and Bylaws of the Association.
13.6 Classes of Voting Membership: Number of Votes. The Association shall have
two (2) classes of voting membership as follows:
13.6.1 Class A. Class A Members shall be all Owners 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 ofthis 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 B membership shall
cease and be converted to Class A membership when the total
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votes outstanding in Class A membership exceeds the totm:Mm3LE CO. FL
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. Notwithstanding the foregoing, Tuskawilla Trace may
be developed in phases, with the recordation of more than one (1)
plat affecting the Subject Property. Developer intends to develop
twenty-four (24) Lots in the Subject Property, and effective as of
the date ofthis Declaration Developer shall have five (5) Class B
votes for each of such twenty-four (24) Lots, regardless of whether
any or all of such Lots have been included in a recorded plat of all
or a portion ofthe Subject Property. Further, in the event that the
plats ofthe Subject Property create more than twenty-four (24)
Lots, Developer shall also have five (5) Class B votes for each Lot
in excess ofthe original estimate of twenty-four (24) Lots, from
the date of recordation of the plates) which incorporate the increase
in the number of Lots.
13.7 Intentionally Blank.
13.8 Approval by Members. Unless elsewhere otherwise specifically provided in this
Declaration or the Articles of Incorporation or Bylaws ofthe Association, any provision of this
Declaration or the Articles of Incorporation and Bylaws of the Association which requires the
vote or approval of a majority or other specified fraction or percentage of the total voting power
ofthe 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 Bylaws ofthe 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
Subject Property hereinafter specified:
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14.1.1 Utility Easements. There are hereby created, declared, ~~~cre~ 'C5eIf'~d for
the benefit of Developer, the City, the Association, all Owners and any pUblIC or pnvate' L
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,
those providing electric power, natural gas, telephone, potable water, sanitary sewer, cable
television and electronic security services.
14.1.2 Drainage Easements. There is hereby created, declared and reserved for the
benefit of Developer, the City, the Association and all Owners a non-exclusive easement for
stormwater 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, 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 "Drainage Easements."
The Developer intends to construct berms and drainage swales within portions of the
Drainage 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 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
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phenomena, shall be repaired and the berms and drainage swales returned to tm-rJ;mer
condition as soon as possible by the party (i.e. Owner or the Association) ha~'ng ~~Ji{irlift-
for the maintenance of the damaged berms and drainage swales.
14.1.3 Intentionally Blank.
14.1.4 Wall and Landscape Easements. There is hereby created, declared, granted and
reserved for the benefit of 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.
14.1.5 Landscape Easements. There is hereby created, declared, granted and reserved
for the benefit of Developer and the Association an easement for landscaping purposes (the
"Landscape Easements") over and upon all landscape 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 Intentionally blank.
14.1.7 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
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 Tuskawilla
Trace, 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 Tuskawilla Trace (the "Construction and Marketing
Easements"), provided, however, that such marketing activity shall be conducted from and
within buildings constructed as single family residential dwellings which are temporarily used
for such activities and which are thereafter to be sold, used and occupied as single family
residential dwellings. The location of such model centers within Tuskawilla Trace may be
changed from time to time by Developer, in its sole and absolute discretion.
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14.1.8 Association Easements. There is hereby created, declared ~lWtc:tt OO}:l~L
Association, such easements over and upon all or any portion of the Subject 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,
Bylaws and rules and regulations of the Association (the "Association Easements"). Such
Association Easements shall be in addition to the Drainage Easements hereinabove granted to the
Association pursuant to Subsection 14.1.2 of this Declaration.
14.1.9 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 roadway facilities 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 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 in
to 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.
14.1.10
Intentionally Blank.
14.1.11 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 immediately adjacent to
all the Common Streets and Roads within Tuskawilla Trace (the "Sidewalk Easements") for the
purposes of constructing, installing, maintaining, repairing and replacing from time to time the
sidewalk system of Tuskawilla Trace. 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 8.30 of this Declaration, the Owner of each Lot encumbered by
a Sidewalk Easement shall be obligated, at his expense, to initially install, and to thereafter
maintain, repair and replace, that portion, if any, of the Tuskawilla Trace sidewalk system which
is to be locate don such Lot.
14.2 Future Easements. There is hereby reserved to Developer and its successors and
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assigns, together with the right to grant and transfer the same, the right, e~~~H@l<Epei(Yilege 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
within the sole discretion of Developer, subject to the reasonable approval of the City, for the
future orderly development of Tuskawilla Trace in accordance with the objects and purposes set
forth in this Declaration. Any such easement(s) shall be recorded in the Public Records of the
County. It is expressly provided, however, that no such further or additional easements shall be
granted or created over and upon Residential Property pursuant to the provisions of this Section
14.2 if any such easement shall 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
Tuskawilla Trace 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
Subject Property over which any such further or additional easement is granted or required.
ARTICLE XV
ARCHITECTURAL AND LANDSCAPE CONTROL
15.1 Reservation of Architectural and Landscape Control. In order to ensure that the
development of Tuskawilla Trace 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, Tuskawilla Trace 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.
15.2 Architectural Review Board Established. The Association at all times shall
have 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 each
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member is informed in advance ofthe action proposed. Notwithstanding 8.ljm'm:lE.~trolelE1L
herein to the contrary, until such time as the Developer has divested itself of title to all of the
Lots, it shall have the right to choose all three (3) Architectural Review Board members.
o
15.3 Architectural Review Board Authority. The Architectural Review Board has
full authority to regulate the exterior appearance ofthe Lots to: (a) assure harmony of external
design and location in relation to surrounding buildings and topography; and (b) 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 othelWise 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.
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: (a) assure
harmony of external design, materials, and location in relation to surrounding buildings and
topography within the Subject Property; and (b) protect and conserve the value and desirability
ofthe Subject Property as a first class residential community; and (c) not conflict with the
express provisions of this Declaration, the Articles ofIncorporation, and the Bylaws; and (d)
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 authority, including procedural matters, and may adopt and amend a Design Standards
Manual at any time and from time to time, with any such adoption or amendment to be within the
sole and absolute discretion of the Architectural Review Board, so long as such rules and
regulations and any amendments to the Design Standards Manual if adopted are: (a) consistent
with the provisions of this Declaration, the Articles of Incorporation and the Bylaws of the
Association; and (b) if the Board has not constituted itself as the Architectural 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
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are enforced by the Board in the name of the Association.
15.7 Subjective Judgment. In addition to complying with the objective standards of
this Declaration, any applicable DesignStandards 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 ofthe Architectural Review Board, the Architectural Review Board's
procedures for review and 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. All 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 an Owner must attach the Owner's written
consent to the approval requested. The application must include the Owner's street address.
Any application for installation of any building or other permanent structure must include a
landscaping plan and detailed plot plan of any permanent improvements and structures. If
requested, the Architectural Review Board may require the preliminary staking of 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 (a) the Architectural Review Board's decision to deny the application, or (b) any
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additional plans, specifications, drawings, or other items that the Architectural Review Board
will require to act upon the application, or (c) 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 ofthe 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 (b) above.
15.11 Approval. The Architectural Review Board's approval is deemed given under
any of the following circumstances: (a) the Architectural Review Board fails to deny any
application within fourteen (14) days after receipt, unless the applicant agrees to a longer period
of time; and (b) 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 favor of any Owner or other
applicant with respect to any substantial non-conformity to the approved plans and specifications
until such certificate is filed.
15.12 Changes. Any change to any plans and specifications previously approved by
the Architectural Review Board affecting exterior elements of the Improvements also must be
approved by the Architectural Review Board as provided in this Article XV, except that the
Architectural Review Board will expedite, to the extent 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.
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,
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any Lot for value, other than pre-existing indebtedness, and without S.8MaN~l9f 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 provisions 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.
15.14 Developer Action. Notwithstanding any provision 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 Tuskawilla
Trace, so long as it otherwise conforms to the applicable requirements of this Declaration. 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, any
decision, approval or disapproval of any plans, specifications or other materials required to be
submitted for review and approval pursuant to the provisions of this Article XV, or for any
mistake in judgment, negligence, misfeasance or nonfeasance related to or in connection with
any such decision, approval or disapproval. Each person who shall submit plans, specifications
or other materials to the Architectural Review Board for consent or approval 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
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foregoing, the areas of exculpation addressed above are not inten~ttRHm!t!~@,.r~ase of the
affected persons from undertaking their responsibilities in a good faith, diligent fashion.
ARTICLE XVI
AMENDMENT
16.1 Amendment by Developer. Subject to the provisions of Section 16.5 ofthis
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.
16.2 Amendment by Association. Subject to the provisions of Section 16.5 of this
Declaration, the terms and provisions of and the covenants, conditions, restrictions, easements
and reservations set forth in this Declaration may be changed, amended, or modified at any time
and from time to time by the Association upon the affirmative written consent or the vote of not
less than seventy-five percent (75%) ofthe total voting power of the members of the 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.
16.3 Manifestation of Requisite Consent. In the case of any change, amendment or
modification ofthis 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 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
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16.5 Limitations on Amendments. Notwithstanding ~lMm(H~~~9fltary 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:
(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 interests are expressly conferred herein
upon or granted to the City, the particular terms and provisions ofthis Declaration pursuant to
which any such rights and interests are conferred upon and granted to the City shall not be
changed, amended or modified without the prior written consent and joinder ofthe City.
(c) 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.
(d) Any amendments to the Declaration which alter the Surface Water
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.
(e) 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.
(f) This Declaration may not be changed, amended or modified in any fashion
which would affect the Surface Water Management System for the Subject Property, or its
maintenance by the Association, without the prior written consent and approval of the SIR WMD
and the City.
(g) 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.
(h) A copy of any amendment or modification to or restatement of, this
Declaration shall be delivered to the City immediately after recording of same in the Public
Records of the County.
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ARTICLE XVII
DURATION
OFFICIAL RECORDS
BOOK ?/\r::~
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SEMINOLE CO. FL
The terms and provisions of and covenants, conditions, 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 ofthe 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 often (10)
years unless an instrument of termination executed by the Assocration upon the affirmative
written consent or the vote of not less than ninety-five percent (95%) ofthe total voting power of
the members ofthe Association (certified as provided in Section 16.3 ofthis 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 ofthe initial term or any subsequent extension term ofthis
Declaration. Each ofthe 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 ofa 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 have not been suspended as contemplated in Section 13.1. Additionally, to the
extent that particular rights or interests are expressly conferred upon or granted to the City
pursuant to this Declaration, the particular terms and provisions of this Declaration conferring or
granting such rights or interests to the City shall also be enforceable by the City. Those so
entitled to enforce the provisions of this Declaration shall have the right to bring proceedings at
law or in equity against the party or parties violating or attempting to violate any of said
covenants, 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
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such violation or attempted violation or default or attempt~!claa~lt to be Ut\.e~ ~medied or
corrected, (c) recover damages resulting from or occasioned ~~I ~e!cwt p[ any such
violation or attempted violation or default or attempted defaulP:-ano @) 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 Surface Water Management System.
o
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.
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 ifboth 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 made either by Developer, the Association or the Architectural
Review Board where the discretion to make such decision is expressly conferred pursuant to this
Declaration.
18.4 Attorneys' Fees. In the event that legal or equitable 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.
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.
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18.6 Nuisance. The result of every act or omission, wh2r6\adykerm or AJ~i~~ of,
or covenant, condition, restriction, easement, or reservation set forth irs~Nbt~~If~
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.
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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.
18.8 Effect ofInvalidation. 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 anyone submitting plans or other materials for any required
consent or approval hereunder, by reason or on account of any decision, approval or disapproval
required to be made, given or obtained pursuant to the provisions of this Declaration, or for any
mistake in judgment, negligence or nonfeasance related to or in connection with any such
decision, approval or disapproval. Each person who shall submit plans or other materials for
consent or approval 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.
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, 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
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Subject Property or any portion thereof. '3 1,_ 7 lot. 3 6
SEMINOLE CO. FL
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 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.
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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.
19.4 Construction. The provisions of this Declaration shall be liberally construed so
as to effectuate and carry out the objects and purposes specified in Article II of this Declaration.
19.5 Article and Section Headings. Article and Section headings contained in the
Declaration are for convenience and reference only and in no way define, describe, extend or
limit the intent, scope or content of the particular Articles or Sections in which they are contained
or to which they refer and, accordingly, the same shall not be considered or referred to in
resolving questions of interpretation or construction.
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 ofthis 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 ha~'be?nlproperl;Oiki3e;kd
UPo? receipt at the address furnished by the Association or to the addresS€M'WO\Trt~1 fllace of
busmess.
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(c) Notice to Developer shall be deemed to have been properly delivered upon
receipt at the Developer's address which is 6250 Hazeltine National Drive, Suite 102, Orlando,
Florida 32822.
(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 ofthe Association, shall be deemed conclusive proof
of such mailing, whether or not such notices are actually received.
19.9 Development and Construction by Developer. Nothing set forth in this
Declaration shall be deemed, either expressly or impliedly, to limit the right of Developer to
change, alter or amend its development plan or plans for the Subject Property, or to construct
such improvements as Developer deems advisable prior to the completion ofthe 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.
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:Ot! C~v~nants, 0 4 3 8
Conditions and Restrictions to be made and executed as of the day and year ~E11ffi8rt'\~?J~~
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Witnesses:
STATE OF ~\;-\l~ ~
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9:
Notary Stamp
COUNTY OF a Q:)(''C\C-
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The foregoing instrument was acknowledged before me this \ \ clay of -S-, \ \ \ \ ,
19C\'6, by ~\A ~ _ C\, t ~ , the '-\~c-~'r-<::'M~fD. k. H.
I., Inc., a Florida corporation. He/She is personally known to me or has produced as ~1"')"\O\ \ Y
\{'-'C'\bv:X' identification and who did/did not take an oath.
~~~_lJ-\"--R~_~
Signature of Person Taking Acknowledgment
Print Name: V\\('f\~-\~ \ \ m Z-vQ0.~
Title: Notary Public \
Serial No. (if any)
Commission Expires:
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OF.fICIAL RECORDS
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1'-\7! 0439
SEMINOLE CO. FL
A replat ofa portion of Lot 18, Block "B", D.R. MITCHELL'S SURVEY OF THE MOSES E.
LEVY GRANT, as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County,
Florida.
EXHTRTT "A"
LEGAL DESCRIPTION
Bei~g more particularly described as follows:
Commence at the Southeasterly corner of said Lot 18; thence run North 71048'24" West along
the Southerly line of said Lot 18, for a distance of 15.31 feet to the Point of Beginning; thence
continue North 71048'24" West along said Southerly line, for a distance of830.18 feet to the
Southwesterly corner of said Lot 18; thence run North 18053'09" East along the Westerly line of
said Lot 18, for a distance of639.24 feet to the Northwesterly corner of said Lot 18 and a point
on Southerly right-of-way line of Orange Avenue; thence run South 60017'50" East along the
Northerly line of said Lot 18 and said Southerly right-of-way line, for a distance of 456.47 feet,
thence run South 59008'05" East along said Southerly right-of-way line for a distance of 477.88
feet to a point on the Westerly right-of-way line of Tuskawilla Road; thence departing said
Southerly right-of-way line; run South 29048'12" West along said Westerly right-of-way line and
said Easterly line for a distance of 452.54 feet to the said Point of Beginning.
Contains 11.045 acres more or less.
1;IOFFICEIWPWINlMIKI6I JlTUSC- TRA ITUSC-DEe R V2
Page 60 of 60
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'tHIS'INSTRUMENT P~EPARED B
NAME ('Al\Jde eruJ.Il't?-,v
ADDR. 2 L{2. IJ I) weST "fnIl1IC
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FIRST AMENDMENT TO THE
COVENANTS, CONDITIONS AND RESTRICTIONS
OF
STONE GABLE OWNERS ASSOCIATION, INC.
THIS FIRST AMENDMENT TO THE QECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS is made this ~~~ day of October, 1998, by Cambridge
Development, Ltd., a Florida Limited Partnership, herein the Declarant, 242
N. Westmonte Drive, Altamonte Springs, Florida, 32714 and/or its expre~
successors and assigns. ~ ~
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WHEREAS, the Declaration of Covenants, Conditions and Restrictions fbr
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Stone Gable was recorded on June 24, 1998 in Official Records Book 3449, 0 --
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Pages 0596 through 0639 inclusive, Public Records of Seminole County, FI~d~ ~
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(the "Declaration"); r~
RECITALS:
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WHEREAS, pursuant to Article X, Section 4 of the Declaration, additional
amendment of the Declaration may be accomplished by the Owner of the majority
of the Lots in the Subdivision;
WHEREAS, the Declarant owns the majority of the Lots
and
WHEREAS, each of the forgoing actions have been accomplished.
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NOW, THEREFORE, the Declarant hereby declares that the Subdivision
described above shall be held, sold, and conveyed subject to this Second
Amendment to the Declaration of Covenants, Conditions and Restrictions for
Westfield Lakes as follows:
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1) Each and all of the foregoing recitals is hereby declared to be tr~
and correct and incorporated herein.
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2) Article X, "General Provisions" of the Declaration Section 20,
Upqraded Streetliqhts is hereby added as follows:
As the Declarant wishes to substitutue upgraded streetlights for each
standard type street light normally installed, such streetlights to total 28
at the end of development, the Stone Gable Property Owner's Association
hereby accepts the responsibility and the expense of such upgraded
streetlights, which will be billed directly from Florida Power Corporation
Stone Gable Property Owner's Association.
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The Association shall have such power and authority to assess each lot owner
within Stone Gable the cost of such upgraded streetlighting, which said
assessment shall be a lien upon and shall be subject to foreclosure by the
Association in the event of non-payment.
The Association, its successors and assigns agree that this
Amendment shall not be revoked or amended as it relates to the duty to pay
for the additional costs of the street lighting without the written consent
of the City of Winter Springs.
END OF FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE COVENANTS, CONDITIONS AND RESTRICTIONS EXECUTED
as of the date first date written above.
and Delivered
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument, specifically The Second Amendment to the
covenantt{~onditions and Restrictions to Stone Gable was acknowledged before
me this ..... day of October, 1998, by Da 2 Bennett, as President of
Cambridge Development, Ltd. and as Pre dent f to able Property Owners
Association. He is personally known 0 be an ot ake an oath.
CANOE CRAVEN
Notary Public. State of Florida
My comm. expires March 15, 2000
Np. CC 539196
( SEAL)
Notary Public
State of Florida at Large
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