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HomeMy WebLinkAboutMorrison Homes Declaration of Covenants, Conditions, Restrictions Harbor Winds -2006 05 03 I .1.. .. n. It Ii.' II Ittlll .. .... " "111 U ... ... *n .. ... t.. .....~ .., , ,... .' This instrument was prepared by and should be returned to: \9 JESSE E. GRAHAM, SR., ESQ. Graham, Builder, Jones, Pratt & Marks, LLP . 369 N. New York Avenue, Winter Park; FL 32789 P.O. Drawer 1690, Winter Park, FL 32790 j r I l alAHVANNF. MORSE, CLERK OF CIRCUIT COURT Sf,.:MlNUU.: COIJNlY BK O~2~8 Pqs O~OG - S~; (53pgsl CLERK'S # 2006075663 RI:COHI>ED 05/09/2006 03159:54 PM Rf.;CfJRDING FEES 45e.00 REt{mnl::O BY l. MtKinlev Space Above Reserved for Recording Information DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARBOR WINDS , THIS DECLARATION,' made and executed as of the 2) day of m(}\/ ,2006, by MORRISON HOMES, INC., whose mailing address is 151 SouthhalI L~ Maitland, Florida 32751-7172, hereinafter referred to as "Declarant." WHEREAS, Declarant ;is the owner of certain property in the County of Seminole, State of Florida, which is more particularly described in the schedule attached hereto as Exhihit '~. " NOW, THEREFORE, Declarant hereby declares that all of the real property described above shall be held, sold, conveyed, leased, encumbered and otherwise dealt with subject to the easements, restrictions, covenants, and conditions, reservations, charges and lien rights hereinafter set forth, all of which are for the purpose of protecting the value, desirability and attractiveness of, and which shall run with, said real property and be binding upon, and inure to the benefit of, all parties having or acquiring any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns. ARTICLE I DEFINITIONS Section 1.1. Defined Terms. The following words and phrases, when used in this Declaration or any supplemental declaration hereto, shall have the following meanings: (a) "Additional Property" shall mean real property, other than that described in the schedule attached hereto as Exhibit "A", which may in the future be brought within the jurisdiction of the Association and this Declaration by amendment or supplement to this Declaration. (b) "Architectural Review Committee" and "ARC" shall refer to the committee established and described in Article V hereof. 1 MAY 0 9 . G:\Land\HOA\Harbor Winds\Declaration of Covenants.v.2 5.2-06.doc (c) " Articles" shall mean the Articles of Incorporation of the Association as they may exist from time to time. : (d) "Association" shall mean HARBOR WINDS TOWNHOMES OWNERS' ASSOCIATION, INC., a Florida not for profit corporation, its successors and assigns. The initial Articles of Incorporation of the Association are attached hereto as Exhibit "B" and incorporated herein by reference. time to time. reference. i (e) "Board" shall mean the Board of Directors of the Association. , i (1) "By-L~ws" shall mean the By-Laws of the Association as they may exist from The initial BYiLaws are attached hereto as Exhibit "C", and incorporated herein by , (g) "Common Expenses" shall mean expenditures for maintenance, operation and other services required or authorized to be performed by the Association with respect to the Common Area, Surface Water Managem~nt System, and the Conservation Area, or otherwise, and other obligations set forth herein. ! (h) "ComriIon Area" shall mean and refer to those areas of land shown on any recorded subdivision plat of the Properties intended to be devoted to the common use and enjoyment of the owners of the Properties; all real property, including any improvements thereon, owned by the I Association for the common use and enjoyment of the Owners; any real property subsequently deeded by the Declarant to the Association for the common use and enjoyment of the Owners; the Surface Water Management System, all storniwater detention/retention areas, if any, as hereafter defined; walls and entry features; and the Conservation Area. The Common Area shall include specifically, but not by way of limitation, the Streets, sidewalks and the recreation areas (e.g., pool and cabana). . (i) "Declarant" shall mean MORRISON HOMES, INC. Wherever the term Declarant is used in this Declaration, the Articles or By-Laws, it shall be deemed to include the successors and assigns of the Declarant, but only to the extent specifically so identified by an instrument in writing executed and recorded by the Declarant and shall not include an Owner who has purchased a Lot from the Declarant. : G) "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions as it may, from time to time, be amended or supplemented. (k) "Institutional Lender" shall mean the owner and holder of a mortgage encumbering a Lot when such owner and holder shall be a bank, savings bank, mortgage company, life insurance company, federal or state savings and loan association, an agency of the United States government, public or private pension fund, the Veteran's Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, a credit union, real estate or mortgage ~vestment trust, or other lender generally recognized in the community as an institutional lender. . (1) "Lot" shall mean any parcel of land shown on any recorded subdivision map or plat of the Property upon which shall be located a residential dwelling unit. i I 2 G:\Land\HOA \Harbor Winds\Declaration of Covenants. v.2 S-2-06.doc I i I (m) "Maintenance" shall mean, but not be limited to, cleanup, landscaping and grounds care, and upkeep ofl recreational amenities, the Surface Water Management System, the Conservation Area, and other fa~ilities within the Common Area, and the repair, maintenance and upkeep of the entry features and Privacy Walls, as defined below. The term "maintenance", as applied to the Surface Water Management System, shall mean the exercise of practices which allow the system to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by thel S1. Johns River Water Management District, including (i) checking the inlets for accumulation of debris and sedimentation; (ii) checking for pond side slope stability by replacing dead sod and, after ~owing operations, checking for disturbed side banks; and (iii) cleaning sediment out of mitered end sec#ons (inflow to ponds). Any repair or reconstruction of the Surface Water Management System shall be ~s permitted, or if modified, as approved, by the S1. Johns River Water Management District. ! , (n) "Member" shall mean all Owners who are Members of the Association as provided in this Declaration. i i i (0) "Notice" shall mean delivery to the person or entity who appears as Owner in the records of the Association df any document by mail with postage prepaid to the last known address reflected in the records of the iAssociation. Notice to one of two or more co-owners of a Lot shall constitute notice to all Owners of such Lot. I (p) "Owne~" shall mean the owner as shown on the records of the Association (whether it be the Declarant, ode or more persons, finns or legal entities) of fee simple title to any Lot located within the Property or arty Additional Property. Owner shall not mean the holder of any mortgage or lien unless and until such holder has acquired title pursuant to foreclosure or a proceeding or deed in lieu of foreclosure nor shall the term include any lessee or tenant of any Owner. I (q) "Plan"! shall mean any recorded plat of any portion of the Property and Additional Property for the deve)opment of HARBOR WINDS. I (r) "Prope~" shall mean the real property described in Exhibit "A" attached hereto and, when added in accbrda.1lce with the terms and conditions hereof, any Additional Property which may be made subject to this Declaration in the manner provided herein. I (s) "Streets" shall mean the areas designated for vehicular traffic and more particularly known as Tract A on the Plan, which area is not included in a Lot. i I , (t) "Surface Water Management System" shall mean that portion of the Property constituting a system 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, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, Florida Administrative Code, the maintenance of which shall be the responsibility of the Association in accordance with the Storm Waters Management Permit No.40- 117-97208-1, previously issued Py St. Johns River Water Management District, as amended from time to time. : I 3 i I G:\Land\HOA \Harbor Winds\Declaration of ~ovenants. v.2 5-2-06.doc i I I (u) "HARBOR WINDS" shall mean the property described in the schedule attached hereto as Exhibit "A" which is to be platted as HARBOR WINDS according to the plat thereof which is to be recorded in the Public Records of Seminole County, Florida, together with any Additional Property which may be made subject to the terms of this Declaration in the future pursuant to the terms hereof. (v) "Improvements" shall mean and refer to all structures of any kind including, without limitation, any building or buildings, fences and Privacy Walls, and shall mean and refer to all landscaping, exterior lighting or:landscape device or object. (w) "Initial Assessment" shall mean the one time assessment collected from an initial purchaser of a Lot upon which Lot a single-family Residence has been constructed from a Builder as provided for in Section 5.9 hereafter. i (x) "Conservation Area" or "Conservation Easement Area" shall mean and refer to all such Property so designated upon any recorded Subdivision Plat or Plats of the Property. The Declarant reserves the right to add lands to the Conservation Easement Area. (y) "Priva~y Wall" or "Privacy Walls" are defined in Article IX below. (z) "Party ~aIl" or "Party Walls" are defmed in Article vrn below. Section 1.2. Interoretadon. Unless the context otherwise requires, the use herein of the singular shall include the plural and vice: versa; the use of one gender shall include all genders; and the use of the term "including" shall mean "indluding, without limitation". This Declaration shall be liberally construed in favor of the party seeking to enforce the provisions hereof to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development and preservation thereof. The headings used herein are for indexing purposes only and shall not be used as a means of interpreting or construing the substantive provisions hereof. i ARTICLE n EASEMENTS AND PROPERTY RIGHTS IN THE COMMON AREA Section 2.1. Utilitv Easements. The Declarant reserves the right to graIit easements to any public or private utility or governmental authority providing utility and other services within the Property over, under, upon and through the Property. Any such easement granted by the Declarant pursuant hereto shall be given for the purpose Of maintaining, installing, repairing, altering and operating sewer lines, irrigation lines, water lines, lift stations, effluent disposal lines, pipes, wires, power lines, telephone service, gas lines, cable television service, alarm systems, and like machinery, equipment and apparatus appurtenant to all of the forgoing as may be necessary or desirable for the installation and maintenance of utilities and providing services t6 Owners, the Property and the Common Area. All such easements shall be of such size, width and location as the Declarant, in its discretion, deems appropriate; provided, however, such discretion will be exercised in such a manner so as to not unreasonably interfere with the use of any improvements which are now, or may hereafter be, located upon the Property. Section 2.2. Owners' Easement of Eniovment. Except as to (i) the Surface Water Management System which shall be operated- and maintained by the Association as required by the St. Johns River Water Management District, (ii) Drainage and Utility Easements dedicated in the HARBOR WINDS Plat I ; 4 G:\Land\HOA\Harbor Winds\Declaration of 6ovenants. v.2 S-2-06.doc , to the Public and The City of Winter Springs, and (iii) the Conservation Area, every Owner shall have a right and easement of enjoyment in and to the Common Areas, if any, which shall be appurtenant to and shall pass with the title to every Lot. i ; Section 2.3. Convevance of Common Area. On or before such time as eighty percent (80%) of the Lots have been sold and ~nveyed from the Declarant to the individual Owners, Declarant shall convey by quit claim deed its! fee simple right, title and interest in and to those areas designated as Common Area on the Plan to the Association, such deed to be recorded among the public records of Seminole County, Florida; and whereupon the Association shall assume the responsibility for the maintenance and repair of such Common Area in accordance with the terms and provisions of this Declaration. i i I Section 2.4. Streets. ~asements and Property Rights in the Streets within the Property shall be governed by the provisions of Mticle VI herein. I I Section 2.5. Surface Water ManaJ!ement Svstem. The Association shall have a perpetual and non-exclusive easement over all areas of the Surface Water Management System for access to operate, maintain, or repair the same. By this easement, the Association shall have the right to enter upon any portion of any Lot which is a part of the Surface Water Management System, at a reasonable time and in a reasonable manner, to operate, rttaintain, or repair the Surface Water Management System as required by the St. Johns River Water Management District Permit described above in Section 1.1(t). Additionally, the Association shall have a perPetual non-exclusive easement for drainage over the entire Surface Water Management System. No person shall alter the drainage flow ofthe Surface Water Management System, including buffer areas or swaies, without the prior written approval of the St. Johns River Water Management District. I I Surface Water Manage4ent System shall include those portions of the Property designated on the Plan as Retention Areas or Drainage Easements (collectively "Drainage Areas") by Declarant for irrigation, drainage or beautifidtion purposes in a manner consistent with the original design thereof by the Declarant and in. accordance with the requirements of applicable governmental authorities. The Drainage Areas shown on the Plan, any plat or conveyance shall be used for the construction, repair and maintenance of drainage facilities including, but not limited to, canals, pumps, pipes, inlets and outfall structures and all necessary applirtenances thereto. In addition to the consent required above from the St. Johns River Water Management District, the location of the drainage pattern may not be modified or relocated without the prior wrItten consent of the Declarant and any other applicable governmental authority. In the event of a tlissolution or termination of the Association, the administration and maintenance of the Drainage Areas shall be transferred only to another not-for-profit corporation or dedicated to an appropriate govehunental agency agreeing to accept such conveyance or dedication. I I I Section 2.6. Maintenance of Common Areas. The Association shall perform all maintenance as described in Subsection 1.1 (m).! Until such time as the Class B Membership is converted to Class A as provided for hereinafter, and any provisions herein to the contrary notwithstanding, in the event the assessments collected by the Association are insufficient to pay the cost of Maintenance of the Common Areas, the Declarant shall be obligated to fund the cost of the same. I Section 2.7. Encroachment. If any portion of an Improvement encroaches upon any Lot or any Improvement or other improve~ent upon any Lot encroaches upon any other Lot as a result of (i) the original construction of such ~provement by the Developer; (ii) the settling or shifting of any I I I i G:\Land\HOA\Harbor Winds\Declaration oftovenants.v.2 5-2-{}6.doc i ! i I I 5 Improvement; or (iii) any non-pwposeful or non-negligent act of an Owner or the Association in repairing, replacing or maintaining any Improvement (including any wall along the boundary line of a Lot), then in any such event an easement shall exist for such encroachment and for the maintenance of same as long as the encroachment shall exist. Section 2.8 Additional Easements. The Declarant (so long as the Declarant is a Class B Member) and the Association (after the Declarant ceases to be a Class B Member), on their behalf and on behalf of all Owners, each shall have the right to (i) grant and declare additional easements over, on, under, and/or across the Common Area in favor of the Owners and their guests and invitees, or in favor of any other person, entity, public or quasi public authority, or utility company, or (ii) modify, relocate, abandon or terminate existing easements within or outside the Property in favor of the Association and/or the Owners of the Property and their guests and invitees, or in favor of any person, entity, public or quasi public authority, or utility company, as the Declarant or the Association may deem desirable for the proper operation and maintenance of the Property, or any portion thereof, or for the health, safety or welfare of the Owners, or for any other reason or pwpose. So long as such additional easements, or the modification, relocation or abandonment of existing easements will not unreasonably and adversely interfere with the construction of Improvements on a Lot, or the use of any Lot and Improvement constructed thereon for dwelling purposes, no joinder of any Owner or any mortgagee of any Lot shall be required; or, if same would unreasonably and adversely interfere with the use of any Lot for dwelling pwposes, only the joinder of the Owners and the mortgagees of Lots so effected shall be required. ARTICLE III RULES AND REGULATIONS Section 3.1. Residentiai Use. Each Lot shall be used for single-family residential purposes only, and no trade or business of any kind may be carried on therein or thereon; provided, however, the lease or rental of a residence shall not constitute a violation of this covenant. Section 3.2. Antennas. No television antennas may be erected and maintained on a Lot if cable television is available to serve 'the Properties. If cable television is not available, a single television antenna may be erected and maintained solely within the attic area and not otherwise visible from the exterior, which antenna shall be removed within three (3) months from the date of availability of cable television. A satellite dish which is less than one meter in diameter is permitted and shall be installed so that the same is not visible from the street, provided, however, that this restriction shall not apply if installation in a location visible from the street is necessary in order for reception to be received by such satellite dish. Section 3.3. Clothes Drvinl! Area. No portion of any Lot shall be used as a drying or hanging area for laundry of any kind. Section 3.4. Prohibition of Damal!e and Certain Activities. Nothing shall be done or kept on any Lot or in the Common Area which would be in violation of this Declaration or any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, the Common Area shall be committed by any Owner or any Tenant or invitee of any Owner; and each Owner shall indemnify and hold the Association and other Owners harmless against all loss resulting from any such damage or waste caused by him or his Tenants or invitees, to the Association or other Owners. N9 noxious, destructive or offensive activity shall be permitted on any Lot I I i 6 I G:\Land\HOA \Harbor Winds\Declaration of Covenants. v.2 S-2-06.doc i , . i ' or in the Conunon Area, nor shall anything be done therein which may be or may become an annoyance or nuisance to any ot~er Owner ,or to any other person at any time lawfully residing on the Property. Section 3.5. Sirlns Prohibited. No sign on any kind shall be displayed to the public view on any Lot or the Conunon Area. , i Section 3.6. Parkin/!. In addition to the provisions contained in Section 6.2 below, no truck or van with more than 3/4 ton capacity, boat, trailer, recreational vehicle or commercial vehicle shall be parked, stored or otherwise kept on any portion of the Property for more than twenty-four (24) hours, except that any of the foregoing vehicles may be stored in the garage on a Lot so long as the garage door is fully closed while such vehicle is located therein. The term "conunercial vehicle" shall include, without limitation, all autos, trucks, vans and other vehicular equipment, which bear signs or shall have printed thereon any ~eference to a conunercial undertaking or enterprise. Conunercial vehicles in the process of loading or unloading shall not be considered to "parked" so long as such vehicles shall not be kept on the Property overnight. Further, the Association may promulgate further rules and regulations affecting the parking of any vehicles on the Lot which appear in the best interests of all Owners. Section 3.7. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot or the Conunon Area, except that dogs, cats and other customary household pets (but not to exceed a total of three (3) pets) may be kept on Lots subject to limitations, which may be imposed from time to time by applicable governmental authority and further subject to rules and regulations adopted by the Association, provided that they are not kept, bred, or maintained for any conunercial purpose. Each Owner shall be responsible at all times for the prompt collection and proper removal and disposal of all excrement from their pets. The Association may prohibit the keeping of any pet anywhere upon the Property which the Association reasonably determines may constitute a threat to the safety or health of persons lawfully upofl the Property. All Owners at all times shall comply with all rules, regulations, ordinances, statutes, and laws adopted, promulgated, or enforced by any public agency having jurisdiction of the Property and relating to animals, and shall at no time allow such animals to constitute a nuisance within any portion of the Property. : Section 3.8. iTrash and Garba/!e. No trash, garbage, or other waste material shall be kept or permitted upon any Lot or the Conunon Area except inside the improvements on each Lot or in sanitary containers concealed from view and otherwise in conformity with rules and regulations adopted by the Association. There shall be no burning of trash or any other waste material. i i Section 3.9. Provisions Are Inoperative As to Initial Construction. Nothing contained in this Declaration shall be interpreted or construed to prevent the Declarant, its transferees, or its or their contractors, or sub-contractors, from doing or performing on all or any part of the Property owned or controlled by the Declarant, or its transferees, whatever they determine to be reasonably necessary or advisable in connection with the completion of the construction, marketing and sale of improvements on the Lots and the Common Area, ;including, without limitation: (a) : erecting, constructing, and maintaining thereon such temporary structures or uses otherwise conforming with applicable zoning regulations of The City of Winter Springs, Florida as may be reasonably necessary for the conduct of Declarant's business of completing such construction and establishing the Property as a residential conununity and disposing of the same in parcels by sale, lease, or otherwise; or 7 G:\Land\HOA \Harbor Winds\Declaration of Covenants. v.2 S-2-06.doc i (b) i maintaining such sign or signs thereon conforming with applicable zoning regulations of The City of Winter Springs, Florida as may be reasonably necessary in connection with the sale, lease, or other trrfer of the Property in parcels. As used in this Section and its sub-paragraphs, the term "its transferees" specifically does not include purchasers of Lots improved as completed residences. Section 3.10. ,Recreational Equipment. There shall be no basketball backboards and any other fixed game and play structures located on any Lot. Treehouses or platforms of the like kind or nature shall not be constructed on any part of the Lot. Skateboard ramps or equivalent structures shall not be permitted on any Lot. i i Section 3.11. :Fences. Subject to the prior approval of the ARC, an Owner may install a privacy fence only between such Owner's residential dwelling unit and an adjacent residential dwelling unit along the line dividing the respective Lots. On any side where no other residential dwelling unit abuts the Owner's unit, the Owner is hereby prohibited from erecting any fence. Any such fence so installed shall be six feet (6') in height, as measured from the ground, and extend no more than eight feet (8') from the rear of the Owner's residential dwelling unit. All such fences shall be manufactured from solid vinyl or pvc material and shall be white in color. From time to time, the ARC may adopt rules governing the landscaping of such fences which may be required, provided always that any such landscaping which may be permitted by the ARC shall be aesthetically compatible with the existing landscaping of the residential dwelling unit. Owners of lots 1 through 16 and 54 through 62 may not install any fencing on said lots. I ! Section 3.12. . Safe Neil!hborhood Improvements District. The City may require or permit the Declarant to form one or more safe neighborhood improvements districts, as provided for in Part N of Chapter 163, Florida "Statutes, as the same may be amended from time to time, for Maintenance and operation of street lights to be installed on the Property, Maintenance of stormwater drainage and retention systems, if any, on the Property, or the performance of other services beneficial to Owners of Lots in HARBOR WINDS. All Lots shall be encompassed within any such district(s) which may be established and shall be subject to the restrictions, limitations and assessments as may be imposed upon the property within any such district(s). All Owners shall be bound by any agreement or resolution creating a safe neighborhood improvement district and all Owners shall join in and execute any instrument which may, be required in connection with the establishment of such district(s). i Section 3.13./Swimminl! Pools. No swimming pool, whether above or below ground, shall be constructed on any Lot. i i Section 3.14. 'Air Conditioninl! Equipment. Heating and cooling of residences with systems of active or passive solar~ wind and other forms of energy other than gas or electric shall be subject to prior approval of the ARC. ,Components of such systems that are affixed to the exterior of a residence shall not be permitted unless th~ design thereof shall have first been approved by the ARC. Exterior components of any cooling or heating system (or a combination thereot) shall be substantially screened from view from the street fronting the residence. i I Section 3.15. ! Transmission Facilities. No radio or television signals, nor any other form of electromagnetic radiation, shall be permitted to originate from any Lot which interferes with the reception oftelevision or radio received upon any other Lot. I I I i 8 I G:\Land\HOA \Harbor Winds\Declaration of Covenants.v.2 5-2-06.doc I i ! I I Section 3.16. ,Maintenance of Lots. No Lot shall be used or maintained as a dumping ground for rubbish, trash, or other waste. All setback areas, yards, walkways, driveways and parking areas shall be maintained and kept in a neat and clean condition, free of refuse and debris. All landscaped areas (up to the edge of pavement 'on the public right-of-way adjacent to each Lot) shall be maintained in live, healthy and growing condition, properly watered and trimmed. Any planting of grass, shrubs or trees which become dead or badly; damaged, shall be replaced with similar sound and healthy plant materials. Section 3.17.1 Fuel Tanks. No fuel tanks or similar storage receptacles may be exposed to view from front or side streets or adjacent properties, but may be installed within the main dwelling house, within a walled in or ~screened area, or buried underground, and shall be approved by the ARC prior to construction. I Section 3.18. ,Mailboxes. All mailboxes shall be centrally located in one or more clusters within the Common Area and shall meet the requirements of the United States Postal Service for multiple mailboxes and shall otherwise conform with the criteria of the applicable governmental authority as to the type of mailboxes allpwed and the specific distance needed in the recovery area of the street system. There shall be no individual mailboxes at a residence. I I Section 3.19.. InoDerative Vehicles and ReDair. No inoperative cars, trucks, trailers or other types of vehicles shall be allowed to remain on the Property for a period in excess of two (2) days. There shall be no major maintenance, repair or restoration performed on any motor vehicle on or adjacent to any Lot in the Property; provided, however, such maintenance, repair or restoration may be done if solely within an enclosed garage. All vehicles shall have current license plates. Moreover, no stripped, unsightly, offensive, wrecked, junked, or dismantled vehicles or portions thereof, shall be parked, stored I . or located upon any Lot at any time. I I ! Section 3.20. Garaee Doors. All single family residences shall be constructed so as to include operational garage d09rs. All garage doors shall remain closed at all time when not in use for entry or exit to or from the garage. i ; Section 3.21. Window and Slidine Glass Door Treatments. All operable windows shall have two inch (2") white blinds; all sliding glass doors shall have white vertical blinds. All non-operable windows shall have a white backing. I Section 3.22. Porches. Owners may install screen enclosures on existing patios or porches in the rear of a residential dwelling unit subject to the prior review and approval by the ARC of the plans for same. Any such enclosure approved by the ARC shall be constructed of screen material with white aluminum framing. ~o portion of the enclosure may be constructed of vinyl, including the roof or covering portion of such enclosure. No Owner shall be permitted to enlarge the size of the existing concrete patio or porch at the rear of such Owner's residential dwelling unit for any purpose. Owners of lots 1 through 16 and 54 through 62 may not install any screen enclosures on patios or porches located on said lots. ! Section 3.23. kules and Re1!ulotWns. No Owner shall violate the rules and regulations for the use of the Lots and thej Common Area, as the same are from time to time adopted by the Association. The prohibitions and restri?tions contained in this Article shall be self-executing without implementation by further rules and re~ations; provided, however, the foregoing shall not be construed as an implied I 9 I G:\Land\HOA \Harbor Winds\Declaration of Covenants. v.2 S-2-Q6.doc I I I ! , . I prohibition preventing the Association from extending the scope. of such prohibitions and restrictions from time to time by adopting further rules and regulations consistent with this Declaration. I Section 3.24. Short Term Rentals. Rentals of any Residence for a period less than seven (7) months shall be prohibited. Any change to this Section 3.24 reducing the minimum rental period to less than six (6) months shall require the approval of the City. All leases shall be filed with the Association in accordance with the requirements promulgated from time to time by the Board of Directors; such filing shall be complied with seven (7) days after the effective date of the lease. All leases and occupancy of leased premises shall yomply with the zoning laws and regulations of the City. i Section 3.25.1 Fines. In addition to all other remedies, in the sole discretion of the Board of Directors or the Association, a fine or fines may be imposed upon an Owner for failure of any Owner, his I family, guests, invitees, tenants, or employees to comply with any covenant, restriction, rule or regulation, contained herein and rules or regulations promulgated under the Articles of Incorporation or Bylaws of the Association, provi~ed the following procedures are adhered to: a. I Notice. The Association shall notify the Owner of the infraction or infractions. The Included in the notice shall be the date and time of the next Board of Directors meeting, which shall not be less than fourt'een (14) days from the date of said notice. At the meeting, Owner shall present reasons why penalties ,should not be imposed. I b. I Hearing. The non-compliance shall be presented to the Board of Directors, at a meeting which shall not be held less than fourteen (14) days after the date notice of non-compliance is sent to Owner. The B6ard of Directors shall hear reasons why the penalties should not be imposed at said hearing. A written decision of the Board of Directors shall be submitted to the Owner no later than twenty-one (21) days after the Board of Director's meeting. I I c. I Appeal. Any person aggrieved by the decision of the Board of Directors as to a non-compliance may, upon written re quest to the Board filed within seven (7) days of the request and shall consist of three (3) non-interested members of the Association. The appeals committee shall meet and file a written determination of the matter and serve copies on both the Board and the aggrieved person. In no case shall the appeals committee's findings be binding on either party; however, the Board of Directors may elecl to review its decision in light of the fmdings of the appeals committee. A failure of an Owner to file an appeal shall be deemed to be a waiver of any further legal remedies relating to the infra . I cllon. d. I Penalties. The Board ofDirectors may impose special assessments as follows: I i II (i) First non-compliance or violation: a fine not in excess of One Hundred Dollars ($100.00). I ! 'I' (ii) Second non-compliance or violation: a fine not in excess of Five I Hundred Dollars ($500.00). I I I I I I i I I I ! I G:\Land\HOA\Harnor windsleclaration of Covenants.v.2 S-2-06.doc I I I i (iii) Third and subsequent non-compliance or violations that are of a continuing nature: a fine not in excess of One Thousand Dollars ($1,000.00). 10 Declaration. e. I PaytlJent of Penalties. Fines shall be paid no later than thirty (30) days after notice of the imposition or assessment. I f. I Application. All monies received from fines shall be allocated for the benefit of the Association as dire~ted by the Board of Directors. I I g. i Nonexclusive Remedy. These fines shall not be consQ].led to be exclusive, and shall exist in addition to other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner shall be deducted from or offset against any damages that the AssoCiation may otherwise be entitled to recover by law from such Owner. I I I ARTICLE IV i MEMBERSIUP AND VOTING RIGHTS Section 4.1. I Membershie, Every Owner of a Lot shall be a Member of the Association. Membership shall be ~ppurtenant to and may not be separated from ownership of any Lot which is subject to assessment. i I Section 4.2. Votine Riehts. The Association shall have two classes of voting membership: I Classl A. Class A Members shall be all Owners, with the exception of the Declarant, each of whom shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds I an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but inlno event shall more than one (1) vote be case with respect to any Lot. Class; B. The Class B Member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: ! I (a) three (3) months after ninety percent (90%) of the maximum number of residential Lots allowed for the Property have been conveyed to Class A Members; I (b) I I On the date which is ten (10) years after the recording of this ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 5.1. 'Creation of the Lien and Personal Oblieation of Assessments. The Declarant hereby covenants, and, each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual, special and other assessments to be established and collected as hereinafter provided. Such assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot on the date when the assessment became due. The personal obligation for ! I 11 I G:\Land\HOA \Harbor Winds\Dcclaration of Covenants.v.2 5-2-06.doc I I I i i i delinquent assessments shall not pass to a successor in title unless expressly assumed by such successor; provided, however, in no event shall assumption by a successor relieve the former Owner of any personal liability arising hereunder. In the case of co-ownership of a Lot, all such co-owners shall be jointly and severally liable for the entire amount of the assessment. Section 5.2. PurDose of Assessments. The assessments levied by the Association shall be used exclusively (i) to promote the recreation, health, safety, and welfare of the Owners of the Lots, their guests, lessees and business invitees; (ii) for the improvement, repair, replacement and Maintenance of the Common Area (including resurfacing of the Streets) and the improvements located thereon; (iii) for maintenance of the Conservation Area; (iv) for maintenance of any stormwater/retention areas, if any, and the Surface Water Management System as set forth in Section 2.5 above; (v) for payment of all taxes assessed to the Association, if any, in respect to the Common Area, or the improvements or personal property thereon, or both; (vi) maintenance of the Improvements as provided for in this Declaration; and (vii) for the general purpose of enabling the Association to perform and fulfill its authorized or required rights, powers, duties and obligations. Section 5.3. Annual Assessments. The Association shall have the power to levy annual assessments against the Lots and the Owners thereof in the manner and for the purposes provided herein. The Association shall have the further right to require the payment of annual assessments in monthly, quarterly or semi-annual installments as the Association may deem necessary and appropriate. The annual assessment may incorporate an estimate of the annual amount to be collected to enable the Association to perform its maintenance obligation of the Improvements, which are to be conducted on a periodic basis, which would be in addition to the annual amount to be collected for resurfacing of the Streets as provided for in Section 6.1 . Section 5.4. Maximum Annual Assessment. Until January 1 of the year immediately following the date of the conveyance of the first Lot by Declarant to an Owner, the maximum annual assessment shall be $2.000.00 per Lot, plus any amounts that may be assessed under Sections 5.5 or 5.6 of this Article V. The actual amount of the annual assessment shall be determined by the Board on an annual basis subject to the following: (a) From and after January 1 of the year immediately following the conveyance of the first Lot by the Declarant to an Owner, the maximum annual assessment may be increased each year without a vote of the Members by an amount not more than fifteen percent (15%) over the maximum assessment for the preceding year. (b) From and after January 1 of the year immediately following the conveyance of the first Lot by the Declarant to an Owner, the maximum annual assessment may be increased by more than the amount permitted pursuant to Subparagraph (a), above, by a vote of two-thirds (213) of the Members who are voting in person or by proxy at a meeting duly called for such purpose. (c) The Board or Directors may fix the annual assessment at an amount not in excess of the amount set forth herein. Section 5.5. Individual Assessments. The Association may impose an individual assessment upon any Owner whose use or treatment of the Common Area, any Lot or the improvements on any Lot is not in conformity with the standards adopted by the Association or which increases the maintenance cost to the Association above that which would result from compliance by the Owner with such use 12 G:\Land\HOA \Harbor Winds\Dtclaration of Covenants. v.2 S-2-06.doc , . restrictions imposed by this Declaration. The maximum amount of such assessment shall be equal to such cost incurred plus ten percent (10%) to cover the cost of administration and may be enforced in the manner provided for other assessments. Section 5.6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5.7. Notice and Quorum for Anv Action Authorized Under Sections 5.4 and 5.6. Written notice of any meeting called for the purpose of taking any action authorized under Section 5.4 or 5.6 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast maj ority of all the votes of each class of Membership shall constitute a quorum. Section 5.8. Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for all Lots; provided, however, the Declarant may elect to pay the annual assessment upon unsold Lots owned by the Declarant at a rate equal to twenty-five percent (25%) of the normal annual assessment for so long as Declarant shall obligate itself to pay any operating deficit incurred by the Association during the period of such lesser assessment. Notwithstanding the foregoing, any Lots from which the Declarant derives any rental income shall be assessed at the same rate as is hereinabove established for Lots owned by other Members of the Association, prorate as of, and commencing with, the first day of the month following the execution of the rental agreement. Section 5.9. Initial Assessment. In addition to the annual, special and individual assessments provided for hereunder, the Association shall have the right to collect from each party purchasing a Lot a one-time Initial Assessment in the amount of $500.00. The Initial Assessment shall be due and payable only at the time of the conveyance of the Lot to the initial purchaser of the Lot from a Builder and shall not apply to subsequent conveyances of said Lot to subsequent Owners. As used herein, the term "Builder" shall mean a party who has contracted to purchase three or more Lots in HARBOR WINDS for the purpose of constructing homes for third-party purchasers. The Initial Assessment may be utilized in the discretion of the Declarant to offset any obligation of the Declarant to deficit fund the operation of the Association or for any other lawful purpose as set forth herein for the use of Annual Assessments. At the time of payment of the Initial Assessment provided herein, the Owner shall likewise pay to the Association that portion of the Annual Assessment provided in Section 5.3 prorated from the date of purchase through the end of the then current calendar year. Section 5.10. Date of Commencement of Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on such date as shall be determined by the Board in conformity with the provisions of this Declaration. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates of periodic installments shall be established by the Board. The Association shall, upon request, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the 13 G:\Land\HOA\Harbor Winds\Dcclaration ofCovenants.v.2 5-2-06.doc I ' assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 5.11. Determination of Allocation of Assessments. The number of Lots used for the calculation of the annual assessments shall be determined as of the ownership of record thirty (30) days prior to the commencement of the fiscal year of the Association and when so determined shall be controlling for the entire fiscal year. Section 5.12. Effect on NonDavment of Assessments; Remedies of the Association. If any assessment is not paid on the date due as determined in the manner provided in this Article V then such assessment shall become delinquent and shall, together with accrued and accruing interest and costs of collection as herein provided, become due and payable and be a continuing lien on such Lot which shall bind such Lot and the then Owner. The Association may record a notice of lien for delinquent assessments in the Public Records of Seminole County, Florida, and foreclose the lien in the same manner as a mortgage. Upon recording, the lien shall secure the amount of delinquency stated therein and all unpaid assessments, interest and costs of collection accruing thereafter until satisfied of record. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Lot, there being added to the amount of such assessment interest at the aforesaid rate and all costs of collection, including reasonable attorneys' fees incurred in connection therewith at trial and all appellate levels. Section 5.13. Subordination of the Lien to Morteafles. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage held by an Institutional Lender encumbering a Lot; provided, however, such subordination shall apply only to the assessments with respect to such Lot to the extent they have become due and payable prior to a sale or transfer of such Lot pursuant to a foreclosure judgment or in any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such Lot from the liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. An Institutional Lender shall, upon request, be entitled to written notification from the Association of any default of an Owner of any obligation hereunder which is not cured within sixty (60) days. Furthermore, the Association may provide such notice without receiving a request from an Institutional Lender. Section 5.14. Reserves. The Association shall include within the annual assessment amount (but not be limited by the matters for which reselVes may be collected as hereafter stated), sums to be collected as reserves for replacement, repair and/or maintenance of the Surface Water Management System, Streets, roofing and other improvements situate upon or within the Common Area and re-roofing of the townhomes constructed on the Lots. Such reserve amounts will be based on a schedule approved and prepared by the Board on an annual basis and shall be based on the cost of the improvements and their estimated life. The maximum level of reserve for the Streets and drainage system shall not be less than the amount of $192.000.00 provided that such reserve shall be collected and built up at the rate of no less than $16.000.00 per year for a period not to exceed twelve (12) years, and provided always that the Board of Directors may set a shorter period as needed. Reserves for the Streets and drainage system shall be held in an account separate and apart from all other reserves. An annual audit or other financial report (in form and substance acceptable to The City of Winter Springs Finance Director) shall be submitted to The City of Winter Springs confirming the receipt by the Association of said reserve funds. This section shall not abrogate, modify, amend or supersede the provisions of any other section of this Article. 14 G:\Land\HOA\Harbor Winds\Declaration of Covenants.v.2 S-2-06.doc ARTICLE VI SUBDIVISION STREETS Section 6.1. Maintenance: Assessments. Unless the maintenance of Tract A is now or hereafter assumed by a governmental entity, the Association shall maintain Tract A within the Common Properties and assess the cost of maintenance to the Members. The estimated maintenance cost shall be included in each annual budget and assessed to each Lot. The Association shall have the right to propose a special assessment, if necessary, to defray the cost of any extraordinary repairs of Tract A. The procedure for the adoption and collection of regular and special assessments or maintenance of Tract A shall be as set forth in this Article VI. Notwithstanding the foregoing sentence, the Board of Directors of the Association, if it finds that an emergency road repair is needed to promote or insure the health, safety or welfare of the community, may take such curative action as may be necessary and assess the cost thereof as a special assessment without the necessity of a prior meeting of Members. Section 6.2. Street Parkin!!. No vehicle may remain parked on a Street area for more than twenty-four (24) hours. However, any cars so parked must not be parked in such a way as to hinder ability to pass on the street, hinder access to any driveway, or to create a safety hazard. The Association shall have the right to tow repeat offenders' vehicles after placing a warning notice on the offending car one time. Section 6.3. Prohibited Vehicles. As long as Tract A is not dedicated to a local government, each of the following vehicles is prohibited from using Tract A motorcycles, motor-scooters, all-terrain vehicles, dune buggies, or similar vehicles. Section 6.4. Security. As long as Tract A is not dedicated to a local government, the Association shall have right to provide for security in order to keep unauthorized persons or vehicles off Tract A and the Property. The security provisions may include a restricted access point at the subdivision entrance. Section 6.5. Access. Unless otherwise stated herein, all of the Streets located in Tract A are not required for public use and such Streets and easements are not and will not be a part of the County system of public roads. Said Streets and easements shall remain private and the sole exclusive property of the Declarant, its successors and assigns, and shall be conveyed to the Harbor Winds Townhomes Owners' Association, Inc. by fee simple quit claim deed as provided for elsewhere herein. The Declarant does hereby grant to the present and future owners of adjacent lands within the boundaries of the Plan and their guests, invitees and domestic help, and to delivery, pick up and emergency protection services, police, fire and other authorities of the law, United States Postal Service mail carriers, gas, power, telephone, cable television, street lighting and solid waste service providers, representatives of utilities authorized by the Declarant to serve the land shown on the Plan, holders of mortgage liens on such lands and such other persons as the Declarant, from time to time, may designate, the non-exclusive and perpetual right of ingress and egress over and across said Streets and easements. The City of Winter Springs is also granted the right, in perpetuity, to enter, operate, construct, reconstruct, repair, maintain and inspection all facilities which have been or will in the future be constructed or installed for the public good and welfare, and which may include but not be limited to the following: water, sanitary sewer, and stormwater sewers. In the event that The City of Winter Springs open cuts the road in Tract A pavement to replace, repair or service a City facility, then the City shall only be required to replace that portion of the road within the limits of the open cut. 15 G:\Land\HOA\Harbor Winds\Dcclaration of Covenants.v.2 5-2.Q6.doc Section 6.6. Ri/!hts of Declarant. There is hereby granted a perpetual easement to Declarant, its successors and assigns for the purpose of providing access to prospective purchasers of Lots or of constructed homes. No plan of restricted access through the use of a guard gate or check point may be commenced without the Declarant's consent. This easement will terminate automatically if the access ensured hereby is provided by dedication of Tract A to a local government. Section 6.7. Construction Vehicles. Access for construction vehicles shall be permitted only during daylight hours for the purpose of constructing improvements which have received prior approval of the ARC. Section 6.8. Soeed Limits. Subject to applicable law in the event Tract A is dedicated to a local government, traffic through Tract A within the Properties shall be limited to a maximum speed of fifteen (15) miles per hour. The Association may establish a different limit or may establish other traffic regulations as it deems necessary. Section 6.9. Annual Insoection: Remedial Work. The Association shall require an annual inspection of the Streets and the drainage system by a registered engineer to determine the level of maintenance and identify any needed repairs. A copy of the annual inspection written report shall be submitted to The City of Winter Springs within fifteen (15) days of its completion. The Association shall complete all reasonable remedial work recommended by the report within sixty (60) days of its receipt, unless a longer period of time is approved by The City of Winter Springs Engineer. Section 6.10. Periodic Resurfacin/!. The Association shall require that the Streets be resurfaced every twelve (12) years unless a longer period of time is approved by The City of Winter Springs Engineer. Section 6.11. Transfer to The Citv of Winter Sorin/!s. Any transfer of property rights concerning the Streets to The City of Winter Springs or other governmental entity shall require the concurrence of all Lot owners. Section 6.12. The Citv of Winter Sorin/!s Liabilitv. The Declarant (to the extent and limited to (i) the period during which the Declarant controls the Association, and (ii) the extent the Declarant has a right, title, interest and/or estate in or to any platted lots) and the Association hereby expressly hold The City of Winter Springs hannless from any cost arising directly or indirectly, out of maintenance, repair and/or reconstruction of, or tort liability to or stemming from, Tract A and/or the Streets, or the Surface Water Management System, the Conservation Area or any other subdivision infrastructure. Section 6.13. Sales Contracts: Disclosure. All sales contracts concerning Lots should expressly and directly (not by reference) disclose the provisions of Sections 5.14 and 6.9 through 6.12 hereof and that no tax discount or credit may be available to Lot owners for the maintenance or repair of the Streets and the drainage system by the Association. The failure to include the disclosure required by this part shall not act in any way to impair the effectiveness or enforceability of any such sales contract concerning a Lot. Section 6.14. Ri/!hts of The Citv of Winter Sorin/!s. The Association shall recognize and agree that The City of Winter Springs, at its option, after written notice to the Association that the Association is not in compliance with any of the Sections 5.14 and 6.9 through 6.12 hereof, and after the failure of the 16 G:\Land\HOA\Harbor Winds\Declaration of Covenants.v.2 5-2-06.doc Association to comply with such Section or to proceed diligently to comply with same within sixty (60) days after receipt of such notice, may remove any Street gates, and assume responsibility for the repair and maintenance of the Streets and drainage system using available reserve revenues of the Association or other standard financing methods, whether provided for in the Declaration or otherwise, as The City of Winter Springs may properly elect. Section 6.15. Duration of Requirements of The Citv of Winter Sprinl!s: Amendment. Section 5.14, Section 6.5 and Sections 6.9 through 6.14 are conditions and restrictions imposed and required by The City of Winter Springs, which Sections shall remain in full force and effect for so long as HARBOR WINDS remains a gated community with privately owned streets. Such provisions shall automatically cease to be effective upon the removal of the gates and dedication of the Streets to The City of Winter Springs. Notwithstanding any other provisions to the contrary, Section 5.14, Section 6.5 and Sections 6.9 through this Section 6.15 may not be amended without the prior written consent of The City of Winter Springs and the execution and recording in the Public Records of Seminole County of a proper joinder and consent to such Amendment by The City of Winter Springs. Section 6.16. Convevance of Streets. On or before such time as eighty percent (80%) of the Lots have been sold and conveyed from the Declarant to owners, Declarant shall convey by quit claim deed its fee simple right, title and interest in and to the Tract A Streets as shown on the Plan to the Association, which deed shall be recorded among the public records of Seminole County, Florida and whereupon the Association shall assume the responsibility for the maintenance and repair of such Streets in accordance with the terms and provisions of this Declaration. ARTICLE VII ARCIDTECTURAL CONTROL Section 7.1. Establishment of Architectural Review Committee. There is hereby established an Architectural Review Committee (the "ARC") which shall consist of three (3) or more persons designated and appointed by the Declarant. At such time as the Declarant no longer owns any Lot within the Property (or earlier at the option ofthe Declarant), the Declarant shall assign to the Association all rights, powers duties and obligations of the ARC, whereupon the Board shall appoint the members of the ARC and shall provide for the terms of the members of the ARC. Members of the ARC need not be officers, directors or Members of the Association. Section 7.2. ARC Authoritv. The ARC shall have full authority to regulate the use and appearance the Property and all improvements constructed thereon to assure harmony of external design and location in relation to surrounding improvements and topography and to protect and preserve the value and desirability of the Property as a residential community. The power to regulate shall include the power to prohibit those exterior uses or activities deemed inconsistent with the provisions of this Declaration, or contrary to the best interests or the Association in maintaining the value and desirability of the Property as a residential community, or both. The ARC shall have authority to adopt, promulgate, rescind, amend and revise rules and regulations in connection with the foregoing; provided, however, such rules and regulations shall be consistent with the provisions of this Declaration and, in the event the Board has not constituted itself as the ARC, such rules and regulations shall be approved by the Board prior to the same taking effect. Violations of the rules and regulations of the ARC shall be enforced by the Board, unless such enforcement authority is delegated to the ARC by resolution of the Board. 17 G;\Land\HOA \Harbor Winds\Declaration of Covenants. v.2 S-2-06.doc Section 7.3. ARC Approval. No building, fence, hedge, wall, walk, dock, pool, planting, sign, or enclosure or addition to any improvement located upon a Lot shall be constructed, erected, removed, planted or maintained nor shall any addition to, or any change or alteration thereof, be made until the plans and specifications showing the nature, kind, shape, height, materials, color scheme and location of same shall have been submitted to, and approved in writing by, the ARC. Any change in the exterior appearance of any improvement, including, without limitation, repainting in the same or different color, exterior refinishing, re-roofing, or the addition of architectural details, decorative sculptures or wrought iron grills, construction of fences or other enclosures, shall likewise require written approval of the ARC before any such work is commenced. The ARC shall have the right to refuse approval of plans, specifications or locations upon any grounds, including purely aesthetical considerations, which the ARC, in its sole and absolute discretion, deems appropriate. In the event the ARC fails to approve or disapprove such change requested by Owner within thirty (30) days after said request has been submitted to the ARC, said project shall be deemed disapproved by the ARC. Nothing contained herein shall relieve the Owner from the responsibility of obtaining proper governmental approvals and permits. Section 7.4. Submissions of Plans and Specifications. As part of the application process to the ARC, two (2) complete sets of plans and specifications (including the landscape plan) prepared by an architect or other person found to be qualified by the ARC and two (2) site plans shall be submitted for approval by written application on such form as may be provided, required or approved by the ARC. In addition, the anticipated commencement date and estimated time for completion shall be included in the application to the ARC. In the event the information submitted to the ARC is, in its opinion, incomplete or insufficient in any manner, it may request and require the submission of additional or supplemental information. Section 7.5. Standards. No approval shall be given by the ARC pursuant to the provisions of this Article unless the ARC determines that such approval shall (i) assure harmony of external design, materials, and location in relation to surrounding improvements and topography within the Property; (ii) shall protect and conserve the value and desirability of the Property as a residential community; (iii) shall be consistent with the provisions of this Declaration; and, (iv) shall be in the best interests of the Association in maintaining the value and desirability of the Property as a residential community. The ARC may deny any application upon the ground that the proposed alteration will create an undue burden of maintenance upon the Association. In the event additional maintenance may be required, then the ARC shall require an agreed method of payment for such maintenance cost and require security for the payment of same. The ARC may condition the approval of any application upon the Owner providing reasonable security that the contemplated work will be completed substantially in accordance with the plans and specifications therefor submitted to the ARC. Section 7.6. Drainaee. All plans submitted to the ARC shall contain a drainage plan which shall be consistent with the master drainage plan for the Property or, in the alternative, contain an affirmative statement that none of the work contemplated by the plans will have any effect on the drainage of the Lot. In all events, each Owner shall be and remain fully liable for any and all damage caused directly or indirectly by any change in the design of function of drainage on or from any Lot, or the grade of any Lot, in connection with the construction, installation or maintenance of any approved changes by the Owner. In the event of any change to the drainage design, function or grade, the Association may, but shall not be required to, restore the drainage design, function or grade and may charge the Owner for all reasonable costs incurred in connection therewith plus ten percent (10%), said charge to constitute a lien on the Property of such Owner. In connection with any such restoration, the Association may exercise powers granted to it under Section 5.5 of Article V. 18 G:\Land\HOA \Hamor Winds\Declaration of Covenants. v.2 S-2-Q6.doc Section 7.7. Completion. All improvements for which approval of the ARC is required and has been obtained pursuant to the terms and provisions of this Declaration shall be completed within the time period specified in such approval. In the event the improvements are not completed within the required time, the Association may, thirty (30) days following written notice from the ARC to the Owner, complete stich improvements at the sole expense of the Owner in accordance with the plans and specifications previously approved by the ARC and may charge the Owner for the expenses incurred in connection therewith plus ten percent (10%), said charge to constitute a lien on the Property of the Owner. In connection with any such restoration, the Association may exercise powers granted to it pursuant to Section 5.5 of Article V. Section 7.8. Right of Entrv. There is specifically reserved to the Association and the ARC, the right of entry and inspection upon any Lot for the pwpose of determining and/or correcting the existence of any activity or condition which violates the terms of any approval given by the ARC or the terms of this Declaration. The ARC is specifically empowered to enforce the provisions of this Declaration by any legal or equitable remedy, and in the event it becomes necessary to resort to litigation to enforce the terms of this Declaration, or to remove any improvements which have not been approved by the ARC or have not been constructed in conformity with approval granted by the ARC, the prevailing party shall be entitled to recover all costs, expenses and reasonable attorneys' fees in connection therewith. The Association shall indemnify and hold the ARC and its members harmless from any and all costs, expenses and liabilities, including reasonable attorneys' fees, incurred by virtue of service as a member of the ARC. Section 7.9. Violations. In each instance where improvements have been constructed, or the construction thereof is substantially advanced, in such manner that the same violates the restrictions contained in this Declaration, including, activities carried out which are not consistent with plans and specifications approved by the ARC, the ARC (if it has knowledge of such violation) shall notify the Board in writing and the Board may thereafter direct the violating Owner to immediately remove any/or cure such violation. For purposes hereof, all Owners specifically consent and agree to comply with the provisions of this Section as of the time such Owner shall become vested with title to any portion of the Property. Section 7.10. Waivers. The ARC shall have the right, but not the obligation, to grant waivers for minor deviations and infractions of the covenants, conditions and restrictions contained herein. The granting of any waiver may be given or withheld in the sole discretion of the ARC and any prior grant of a similar waiver shall not impose upon the ARC the duty to grant new or additional waivers for like or similar conditions. Section 7.11. Disclaimer of Liabilitv. The Association, the Declarant, the ARC and all officers, employees, directors or members thereof shall in no way be liable to any person or persons submitting plans and specifications for approval by reason of mistake in judgment, negligence or non-feasance arising out of, or in connection with, the approval, disapproval or failure to approve any such plans and specifications. Each person who submits plans and specifications for approval agrees, by submission thereof, that it will not bring any action or suit whatsoever against the Association, the Declarant, the ARC, or any officer, employee, director or member thereof. ARTICLE vm PARTY WALLS AND OTHER SHARED STRUCTURES 19 G;\Land\HOA\Harbor Winds\Dcclaration of Covenants. v.2 S-2-06.doc Section 8.1. Definition of Pam WalL Each wall, including patio walls, fence, driveway or similar structure which is built as part of the original construction of the homes upon the Property and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 8.2. Sharine of Costs of Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the adjoining Owners of such wall in proportion to the use thereof, without prejudice, however, to the right of any Owner to call for a larger contribution from the adjoining Owner under any rule of law regarding liability for negligent or willful acts or omissions. Section 8.3. Destruction of a Pam Wall. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 8.4. Liabilitv for Nee1ieent or Willful Acts. Notwithstanding any other provision of this Article, an Owner, who, by his negligent or willful act, causes any party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 8.5. Rieht of Contribution Runs With the Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner=s successors in title. Section 8.6. Restriction on ImDrovements to Party Wall. In addition to meeting the Owner requirements of this Declaration and of any building code or similar regulations or ordinances, any Owner proposing to modify, make additions to or rebuild in any manner which requires the extension or other alteration of any party wall, shall first obtain the written consent of the adjoining Owner. Section 8.7. Resolution of DisDutes Between Owners as to Pam Walls. In the event of a dispute between the Owners with respect to the repair or rebuilding of a party wall or with respect to the sharing of the cost thereof, then, upon written request of one such Owners addressed to the Association, the matter shall be submitted to arbitration under such rules as may from time to time be adopted by the Association. If no such rules have been adopted, then the matter shall be submitted to three arbitrators, one chosen by each of the Owners and the third by the two so chosen, or, if the arbitrators cannot agree as to the selection of the third arbitrator within five (5) days, then by any Judge of the Circuit Court of Seminole County, Florida. A determination of the matter signed by any two of the three arbitrators shall be binding upon the Owners, who shall share the cost of arbitration equally. In the event one party fails to choose an arbitrator within ten (10) days after personal receipt of a request in writing for arbitration from the other party, then the other party shall have the right and power to choose both arbitrators. Section 8.8. Bindine Effect. These covenants contained in this Article VIII shall be binding upon the heirs and assigns of any Owners but no person shall be liable for any act or omission respecting any party wall except such as took place while an Owner. 20 G:\Land\HOA \Harbor Winds\Dcclaration of Covenants. v.2 S-2-o6.doc Section 8.9. . Rules and Reeulations. The Association may by its By-Laws, rules or regulations, govern the use of party walls by Owners, if necessary, to prevent the imposition of annoyances between Owners. ARTICLE IX PRIVACY WALLS Section 9.1. Privacv Wall. The Declarant may construct walls, entry monuments, signage or fences within the Property ("Privacy Wall" or "Privacy Walls"). A Privacy Wall shall hereinafter be defined as any wall or fence built by the Declarant, or later built by the Association, in any Common Area or easement as a visual barrier, decorative or architectural feature, safety feature, or for any other reason at the sole discretion of the Declarant, or as a requirement of any municipality or governing authority. Section 9.2. OwnershiD and Maintenance of Privacv Walls. The Association own and shall be responsible for maintenance of the Privacy Walls. Section 9.3. Easement of Privacv Wall. An easement is hereby created in favor of the Declarant and the Association for the construction, management, inspection, painting, maintenance and repair of the Privacy Walls located within the Property. The easement shall extend five (5) feet into each affected Lot from the boundary of the Lot for each Lot having a Privacy Wall. Entry upon a Lot by the Declarant or the Association, or its agents, as provided herein, may occur without notice and shall not be deemed a trespass. ARTICLE X ANNEXATION OF ADDITIONAL PROPERTY Section 10.1. Annexation without Association ADDroval. At any time prior to ten (10) years from the date hereof, Additional Property may be annexed, in whole or in part, by the Declarant and made subject to the governing provisions of this Declaration without the consent of Class A Members of the Association. The Lots and the improvements thereon, together with the rights and obligations of the Declarant and other Owners thereof, upon all or any portion of such Additional Property shall become subject to the provisions of this Declaration upon recording of an appropriate supplement or amendment hereto executed by the Declarant without the consent of the Class A Members. ARTICLE XI RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 21 G:\Land\HOA\Harbor Winds\Declaration ofCovenants.v.2 5-2-o6.doc Section 11.1.0 Common Area Maintenance The Association shall be responsible for the exclusive management, control and Maintenance of the Surface Water Management System, the Conservation Area, and the Common Area, together with all Improvements thereon, including specifically, but not by way of limitation, all furnishings and equipment related thereto, paving, drainage structures, walls, lighting fixtures and appurtenances, landscaping, sprinkler system, entry features and markers, and signs, and shall keep the same in good, clean, substantial, attractive and sanitary condition, order, and repair. In furtherance of the forgoing, the Association shall have the right to enter into such contracts or agreements as the Board shall deem appropriate. Section 11.1.1 Maintenance of Imorovements. The Association shall paint and maintain the exterior walls of all buildings, including any townhomes built on the Lots. The cost of such painting and any incidental repairs in connection therewith shall be a Common Expense of the Association unless an Owner has caused or allowed damage or deterioration of his Improvement resulting in more than incidental repairs. The cost of such painting and/or repair which the Board, in its discretion, believes exceeds what is typically required of other Improvements shall be assessed to the Owner of that Improvement at the time painting and/or repair is required. In the event the Association paints any fence, wall, or other Improvement along the common boundary of two (2) Lots (other than exterior walls of any townhomes), the cost of same shall be borne equally between the adjacent Owners. Section 11.1.2 Roof Reoair. At the discretion of the Board, the annual assessment may include an annual amount to be collected for roof repairs, including re-roofing to the Improvements and any townhomes built on the Lots. The Association shall have no obligation to cause roof repairs to be performed mandatorally unless first approved by an affirmative vote of sixty-six and two-thirds (66 2/3) of the Members present or represented by proxy and entitled to vote at any meeting at which a quorum is present as provided in the By-Laws when written notice of such meeting specifies that a vote on mandatory roof repairs and/or replacement will be taken at such meeting. Absent such affirmative vote, roof repairs and/or replacement shall be performed at the discretion of the Board. Section 11.1.3 Lawn Maintenance hv Association. The Association shall perform the following maintenance to each Lot: cutting grass, trimming hedges, edging, and fertilizing. Section 11.14 Maintenance hv Owners. Notwithstanding the maintenance obligations of the Association, whether mandatory or voluntarily, each Owner shall maintain the improvements located on his Lot including mulching. The wall or fence located on a Lot shall be maintained by the Owner of the Lot. The Owner of each Lot shall maintain the exterior portion of the building located on such Lot including repainting as may be necessary in order to maintain the building at all times in a first class condition, provided, however, that such Owner shall not be required to paint that portion of the building which the Association is obligated to paint. If the Board determines that an Owner is failing to maintain his Lot and/or Improvement, the Board shall have the right to go on such Lot to provide exterior maintenance on any Improvement, including landscaping, subject, however, to the following provisions: Prior to performing . any maintenance on an Improvement, including landscaping, the Board shall determine that said Property is in need of repair or maintenance and is detracting from the overall appearance of the Property. Prior to commencement of any maintenance work on a Lot, the Association must furnish fifteen (15) days prior written notice if the maintenance problem involves yard work, and thirty (30) days prior written notice if the maintenance involves structural work or exterior work on the building. Notice must be given to the Owner at the last address listed in the Association's record for such Owner, notifying the Owner that unless certain specified repairs or maintenance are made within the 15 or 30 day period, the Association shall make said necessary maintenance or repairs and charge the same to 22 G:\Land\HOA\Harbor Winds\Declaration of Covenants.v.2 5-2-06.doc the Owner. Upon failure of the Owner to act within the required period of time, the Association shall have the right to enter in or on any such Lot or to hire personnel to do so to make such necessary repairs or maintenance as are specified in the above-written notice. In this connection, the Association shall have the right to paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior Improvements. Section 11.1.5 Assessment of Cost. The cost of such exterior maintenance as described in Section 10.1.3 above shall be assessed against the Lot upon which such maintenance is performed as a special assessment and shall be due and payable immediately, and shall be a lien or obligation of the Owner. The Association shall have the right to bring legal action against the Owner to collect for the cost of the maintenance or repairs along with any attorneys' fees and costs and administrative fees and costs. The Association shall also have the right to record a lien against the Lot for such costs and expenses and bring legal action against the Owner to foreclose the lien. The Board, when establishing the annual assessment for Common Expenses against each Lot for any assessment year as required under Article V hereof may add thereto the estimated cost of the exterior maintenance of a Lot for that year; but shall, thereafter, make such adjustment with the Owner as is necessary to reflect the actual cost thereof. Section 11.1.6 Maintenance of Streets. The maintenance of the Streets shall be as provided for in Article VI above. Section 11.1. 7 Maintenance of Street Liehts. The Association shall be responsible of the additional cost of upgraded street lighting that is over and above the cost paid by the City, including, but not limited to hardscape upgrades and maintenance of upgraded light poles. Section 11.1.8 Termite Bond. The Association shall carry a termite bond for all townhomes constructed on the Lots. Said bond shall provide for the repair of improvements in the event of termite infestation, and in the sole discretion of the Board, said bond may be for the replacement of improvements in the event of termite infestation. Section 11.2. Rieht of Entrv. The Association, through its employees, contractors and agents, is hereby granted a right of entry into and upon each Lot to the extent reasonably necessary to discharge the Association's performance of any duty imposed, or exercise of any right granted, by this Declaration, including, the discharge of any duty of maintenance or replacement, or both, imposed upon any Owner. Such right to entry shall be exercised in a peaceful and reasonable manner at reasonable times and upon reasonable notice whenever the circumstances permit. Entry into any improvement upon any Lot shall not be made without 'the consent of the Owner or occupant thereof except when such entry is reasonably necessary for the immediate preservation or protection of the health or safety of any person lawfully upon the Property or of any such person's property. An Owner shall not arbitrarily withhold consent to such entry for the purpose 'of discharging any duty or exercising any right granted by the foregoing Sections of this Article, provided such entry is upon reasonable notice, at a reasonable time, and in a peaceful and reasonable manner. Section 11.3. Services of Association. The Association may obtain and pay for the services of any person or entity to manage its affairs, or any part thereof, to the extent it deems appropriate and advisable, together with such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Property, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom it may contract. The Association may 23 G:\Land\HOA \Harbor Winds\Declaration of Covenants. v.2 S-2'{)6.doc obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Property or the enforcement of this Declaration. Section 11.4. Services for Owners. The Association may contract, or otherwise arrange, with any person or entity to furnish water, trash collection, sewer services, maintenance, replacement, and other common services to all Lots. Any Owner additionally may voluntarily contract with the Association for the . Association to perform, or cause performance of, any services benefiting such Owner's Lot at the cost and expense of such Owner. All sums due the Association pursuant to such contact shall be added to and become a part of the assessment against such Owner's Lot. Notwithstanding the foregoing, the Association may not contract with any Owner to provide any service at such Owner's expense which it is the duty of the Association to provide at its own expense under any provision of this Declaration. Section 11.5. Personal Prooertv for Common Use. The Association may acquire and hold tangible and intangible personal property and may dispose of the same by sale or otherwise. Section 11.6~ Rules and Reeulations. The Association may from time to time adopt, alter, amend, and rescind rules and regulations further governing the use of the Lots and of the Common Area, which rules and regulations shall be consistent with the rights and duties established by this Declaration. Section 11.7. Imolied Riehts. The Association may exercise any other right or privilege given to it expressly by this Declaration, the Articles, or the By-Laws, and every other right or privilege reasonably to be implied from the existence of any right or privilege granted herein or reasonably necessary to effectuate the exercise of any right or privilege granted herein. Section 11.8. Restriction on CaoitalImorovements. Except for replacement or repair of those items installed by the Declarant, and except for personal property related to the maintenance of the Common Area, the Association may not authorize capital improvements to the Common Area without consent of the Declarant during a period of five (5) years from the date of this Declaration. At all times hereafter, all capital improvements to the Common Area, except for replacement or repair of those items installed by the Declarant and except for personal property related to the maintenance of the Common Area, shall require approval of the Board. ARTICLE XIT RECONSTRUCTION OR REPAIR AFTER CASUALTY INSURANCE REQUIREMENTS Section 12.1. Damalle to Common Area. In the event that any portion of the Common Area is damaged or destroyed by casualty, it shall be repaired or restored by the Association to substantially its condition prior to the damage or destruction. Repair or reconstruction of the Common Area shall be substantially in accordance with the plans and specifications pursuant to which the same was originally constructed. All insurance proceeds shall be applied to the restoration and repair. If the insurance proceeds are insufficient, the deficit shall be assessed against all Owners as a special assessment. If there is a surplus of insurance proceeds, it shall become the property of the Association. Each Owner shall be responsible to the Association for damage to the Common Area caused by such Owner or the tenants, guests or business invitees of such Owner and the Association shall have the right to recover its .expenses, including reasonable attorneys fees, in the event it should become necessary for the Association to initiate an action to recover damages from an Owner. 24 G:\Land\HOA \Harbor Winds\Declaration ofCovenants.v.2 S-2-o6.doc Section 12.2. Insurance Requirements. Each Owner is required to obtain casualty insurance in an amount equal to one hundred percent (100%) of the then current replacement costs of improvements on the Lot. Section 12.3. Damal!e to the Lots. In the event of damage or destruction to any portion of the improvements on a Lot, the improvements shall be repaired or restored in accordance with the provisions of the applicable insurance requirements. All such repairs or restorations shall be completed within twelve (12) months after destruction. In the event the Owner is unable to rebuild the improvements on the Lot, such Owner shall clear the debris and have the Lot leveled and restored within sixty (60) days from the date of destruction or damage. In the event an Owner fails to clear debris on his Lot within the time period prescribed herein, the Association may, but shall not be obligated, to go on such Lot and remove the debris, subject, hbwever, to the following provisions: Prior to removing any debris from the Lot, the Board shall determine that said debris must be removed and that Owner has failed to do so within the time period prescribed herein. Prior to commencement of any debris removal, the Association shall furnish thirty (30) days prior written notice to the Owner of the Lot. Notice must be given to the Owner at the last address listed in the Association's record for such Owner, notifying the Owner that unless the debris is removed within the thirty (30) day period, the Association shall remove the debris and charge the same to the Owner. Upon failure of the Owner to act within the required period of time, the Association shall have the right to enter in or on any such Lot or to hire personnel to do so to make such necessary repairs or maintenance as are specified in the above-written notice. ARTICLE XIII GENERAL PROVISIONS Section 13.1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by, or pursuant to, the provisions of this Declaration; and the party enforcing the same shall have the right to recover all costs and expenses incurred, including reasonable attorneys' fees. In the event the Association enforces the provisions hereof against any Owner, the costs and expenses of such enforcement, including reasonable attorneys' fees, may be assessed against such Owner's Lot as a special assessment pursuant to the provisions hereof. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so at any time. If these restrictions are enforced by appropriate proceedings by any such Owner or Owners, such Owner or Owners may be reimbursed by the Association for all or any part of the costs and expenses incurred, including reasonable attorneys' fees, in the discretion of the Board. In addition to the foregoing, the St. Johns River Water Management District and/or The City of Winter Springs shall have the right to enforce, by proceedings at law or in equity, the provisions contained in the Declaration as they may relate to the maintenance, operation and repair of the Surface Water Management System. Additionally, The City of Winter Springs shall have the right, but not the obligation, to enforce, by proceedings at law or in equity, the provisions contained in the Declaration as they may relate to the construction, reconstruction, maintenance, operation and repair of the Streets. Venue for any action to enforce the provisions of this Declaration or the City Code, as same relates hereto, shall lie in Seminole County, Florida. If any dispute arises between an Owner and the Declarant, or between the Association and the Declarant, with respect to the repair and Maintenance of the Streets, sidewalks, Conservation Area, 25 G:\Land\HOA \Harbor Winds\Declaration of Covenants. v.2 S-2-06.doc Surface Water Management System and/or funding for same, such Owner and the Declarant or the Association and the Declarant, respectively, agree in good faith to attempt to settle such disputes by non- binding mediation under the Commercial Mediation Rules of the American Arbitration Association. Such non-binding mediation shall be a condition precedent to the filing of any action at law or in equity to enforce the provisions of this Declaration pertaining to the repair and Maintenance of the Streets, sidewalks, Conservation Area, and Surface Water Management System and/or funding of same. Notwithstanding the foregoing, non-binding mediation shall not be required in any case where immediate relief, such as injunction relief, is sought. Section 13.2. Severabilitv. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 13.3. Duration and Term. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants and restrictions shall be automatically extended and renewed for successive ten (10) year periods. Section 13.4. Amendment. Unless provided otherwise herein, this Declaration may be amended by the affirmative vote of seventy-five percent (75%) of the Members present at any meeting at which a quorum is present as provided in the By-Laws when written notice of such meeting specifies the proposed amendment and amendments to be considered at such meeting. If an amendment is approved by the Members in the foregoing manner, the President and Secretary of the Association shall execute an Amendment to this Declaration which shall set forth the amendment, the effective date thereof, the date of the meeting of the Association at which such amendment was adopted, the date upon which notice of such meeting was given, the number of votes required to constitute a quorum at such meeting, the number of votes necessary to adopt the amendment, the total number of votes cast in favor of the amendment, and the total numbers of: votes cast against the amendment. Anything contained herein to the contrary notwithstanding, there shall be no amendments to the Declaration that materially or adversely affect rights granted or reserved herein to the Declarant without its written consent. In addition, the Declarant expressly reserves the right, so long as it is a Class B Member, to amend this Declaration without the necessity of concurrent action or approval of the owners. Furthermore, any amendment to this Declaration which would tend to alter or affect the Surface Water Management System shall require prior written approval of the St. Johns River Water Management District. Any amendment to this Declaration which would tend to alter or affect The City of Winter Springs Drainage and Utility Easements as shown on the Plan shall require prior written approval of The City of Winter Springs. All amendments to this Declaration shall be recorded in the Public Records of Seminole County, Florida. Section 13.5. Effect of Recordinl!. Any Lot situated within the Property shall be deemed to be "subject to assessment", as such term is used in this Declaration, the Articles or the By-Laws, upon recording of this Declaration; and, any Additional Property annexed pursuant to the provisions hereof shall be deemed "subject to assessment" upon recording of the appropriate supplement or amendment to this Declaration annexing the same. Section 13.6. Application of Law: Conflicts. Notwithstanding any covenant, condition, easement or restriction established herein to the contrary, the Developer, Association, and all Owners 26 G:\Land\HOA \Harbor Winds\Dcclaration of Covenants. v.2 S-2-06.doc shall comply with all applicable laws, statutes, ordinances, regulations and codes affecting the Property including all Lots and Common Areas, and the Developer, Association, and Owners shall not have the right to violate any applicable law, statute, ordinance, regulation or Code. In the event of any conflicts existing between this Declaration and any local, state, or federal law, the more restrictive conflicting provision shall take precedence; provided, however, in the event the local, state and/or federal law is preemptory in nature, 'the local, state, and/or federal law shall prevail and be applicable. IN WITNESS WHEREOF, the Declarant has caused this instrument to be duly executed the day and year first above written. Signed, sealed and delivered in the presence of: DECLARANT: ~. Print Name: . .' ,f) CJIJ_i1?I3 ' Print ame: . _ ~ 0,~a.nriPr MORRISON HOMES, INC., a Delware corporation B~'~~ Leslie Peters, Division President STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this l day of (fJO V- ' 2006, by LESLIE PETERS as Division President for MORRISON HOMES, INC., a Delaware corporation, who took an oath and ,4 personally known to me or has produced as identification. (S !~~:~ NICHOl BOLANDER i*i :*~ MY COMMISSION' DO 200376 - . EXPIRES: July 31. 2007 . . Bonded ThrIJ NOIIry NlIIc Undelwril81S ~) Notary Pub ic 1.1 .. :& ~ Print J cht)! ) (J 17c/-e y- My Commission Expires: 7 -. i 1- 6 7 name: 27 G:\Land\HOA \Harbor Winds\Declaration of Covenants. v.2 S-2-06.doc