HomeMy WebLinkAbout2005 08 08 Regular Item 501- CDD Request Landings at Parkstone Final Subdiv Plat,..~,__
COMMISSION AGENDA
ITEM 501
August 8, 2005
Meeting
Consent
Information
Public Hearin
Re ular X
Mgr. ,~ /Dept.
REQUEST: The Community Development Department requests that the Commission approve
the Landings at Parkstone final subdivision plat and homeowner restrictive
covenants, and authorize their recordation, subject to the City Attorney's review
and comments.
PURPOSE: The purpose of this agenda item is to approve and authorize recordation of the
Landings at Parkstone final subdivision plat and associated homeowner restrictive
covenants. The applicant cannot sell lots or obtain building permits (except that a
building permit maybe issued for the model building), until the plat is recorded.
APPLICABLE CODE:
Section 9-3. Dividing platted property.
Section 9-4. Waiver to subdivision requirements.
Section 9-75. Final Plat, contents and recording procedures.
Section 9.77. Approval of final plat.
Code Section 9-78. Recording/distribution of the final plat.
Chapter 177, Florida Statutes.
Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent).
CONSIDERATIONS: The 12.015 acre site is located on the north side of SR 434, west of
Central Winds Park and east of the School Board bus barn site. The site has a Medium Density
Residential future land use designation and lies within the Planned Unit Development (PUD)
zoning district. It is also located within the SR 434 New Development Overlay Zoning District.
A development agreement was approved with the final engineering/subdivision plans.
A PUD master plan amendment and final engineering/subdivision plans were approved for 104
town home units on July 26, 2004. Revised final engineering/subdivision plans were approved on
January 10, 2005. A building master file was released by the Building Division on July 26 (no
permits, yet). The development agreement allows model units to be constructed before the plat is
August 8, 2005
Regular Agenda Item 501
Page 2
recorded. A performance bond, letter of credit, cash in escrow with the City, or some other
legally acceptable surety for the uncompleted portion of the site work (not buildings) must be
provided to Public Works' (dollar amount) and the City Attorney's (legality) satisfaction prior to
recording the plat and homeowner restrictive covenants.
FINDINGS:
1. The plat is consistent with the Comprehensive Plan and City Code.
2. The City's surveying consultant has reviewed the plat and has certified that it meets the
platting requirements of Chapter 177, Florida Statutes.
3. The City Commission approved the Landings at Parkstone final engineering/subdivision plan
for 104 town home units on 12.015 acres on January 10, 2005..
4. The DRC has reviewed the plat and recommends approval, subject to the City Attorney's
review and approval of the plat and title certification (applicant to provide bond/letter of
credit/cash in escrow) -the applicant must make any changes or provide any additional
information required by the City Attorney, prior to execution by the City and recordation in the
public records of Seminole County. The applicant pays for recordation and the City's copies of
the plat and HOA restrictive covenants.
RECOMMENDATION:
Staff recommends that the City Commission approve and record the Landings at Parkstone final
subdivision plat and HOA restrictive covenants, subject to an appropriate bond, letter of credit, or
cash in escrow for unfinished site work -all subject to the City Attorney's review and comments.
ATTACHMENTS:
A HOA Restrictive Covenants
B Landings at Parkstone Plat .
COMMISSION ACTION:
2
ATTACHMENT A
Prepared by and return to:
JESSE E. GRAHAM, SR., ESQ.
Graham, Builder, Jones, Pratt & Marks, LLP
369 N. New York Avenue, Third Floor
Winter Park, Florida 32789
P.O. Drawer 1690, Winter Park, Florida 32790
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE LANDINGS AT PARKSTONE
THIS DECLARATION, made and executed as of the day of , 2005, by
MORRISON HOMES, INC., a Delaware corporation, whose mailing address is 151 Southhall
Lane, Suite 200, Maitland, Florida 32751, hereinafter referred to a "Declarant."
WHEREAS, Declarant is the owner of certain property in the City of Winter Springs, County
of Seminole, State of Florida (sometimes hereafter referred to as the "City"), which is more
particularly described in the schedule attached hereto as Exhibit "A."
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.
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(c) "Articles" shall mean the Articles of Incorporation of the Association as they
may exist from time to time.
(d) "Association" shall mean THE LANDINGS AT PARKSTONE 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.
(e) "Board" shall mean the Board of Directors of the Association.
(f) "By-Laws" shall mean the By-Laws of the Association as they may exist
from time to time. The initial By-Laws are attached hereto as Exhibit "C," and incorporated herein
by reference.
(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 Management System, the Permanent Ingress and Egress Easement
and Agreement recorded in O.R. Book 3582, at Page 2021, Public Records of Seminole County,
Florida (the "Access Easement"), the Non-Exclusive Easement and Agreement for Drainage and
Utilities, recorded in O.R. Book 3582, at Page 208, Public Records of Seminole County, Florida
(the "Drainage and Utilities Easement"), or otherwise.
(h) "Common 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
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 stormwater detention/retention areas, if any, as hereafter
defined; and walls and entry features; and all entitlements extended to the Property pursuant to the
Access Easement and the Drainage and Utilities Easement. The Common Area shall include
specifically, but not by way of limitation, the Streets and sidewalks.
(i) "THE LANDINGS AT PARKSTONE" shall mean the property described in
the schedule attached hereto as Exhibit "A" which is to be platted as THE LANDINGS AT
PARKSTONE 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 subj ect to the
terms of this Declaration in the future pursuant to the terms hereof.
(j} "Declarant" shall mean MORRISON HOMES, INC., a Delaware
corporation. 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.
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(k) "Declaration" shall mean this Declaration of Covenants, Conditions and
Restrictions as it may, from time to time, be amended or supplemented.
(1) "Initial Assessment" shall mean the one time assessment collected from an
initial purchaser of a Lot upon which Lot asingle-family Residence has been constructed from a
Builder as provided for in Section 5.9 hereafter.
(m) "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 ofthe 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, acredit union, real estate or mortgage investment trust, or other lender generally
recognized in the community as an institutional lender.
(n) "Lot" shall mean any parcel of land shown on any recorded subdivision map
or plat of the Property upon which shall be located a Residence.
(o) "Maintenance" shall mean, but not be limited to, cleanup, landscaping and
grounds care, and upkeep of recreational amenities, the Surface Water Management System and
other facilities within the Common Area, and the repair, Maintenance and upkeep of the entry
features. 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 the St. Johns River Water
Management District, including (i) checking the inlets for accumulation of debris and sedimentation;
(ii) if applicable, checking for pond side slope stability by replacing dead sod and, after mowing
operations, checking for disturbed side banks; and (iii) if applicable, cleaning sediment out of
mitered end sections (inflow to ponds). Any repair or reconstruction of the Surface Water
Management System shall be as permitted, or if modified, then only as approved by the St. Johns
River Water Management District.
(p) "Member" shall mean all Owners who are Members of the Association as
provided in this Declaration.
(q) "Notice" shall mean delivery to the person or entity who appears as Owner in
the records of the Association of any document by mail with postage prepaid to the last known
address reflected in the records of the Association. Notice to one of two or more co-owners of a Lot
shall constitute notice to all Owners of such Lot.
(r) "Owner" shall mean the owner as shown on the records of the Association
(whether it be the Declarant, one or more persons, firms or legal entities) of fee simple title to any
Lot located within the Property or any 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.
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(s) "Plan" shall mean any recorded plat of any portion of the Property and
Additional Property for the development of THE LANDINGS AT PARKSTONE as recorded in
Plat Book ,Page of the Public Records of Seminole County, Florida.
(t) "Property" shall mean the real property described in Exhibit "A" attached
hereto and, when added in accordance with the terms and conditions hereof, and any Additional
Property which may be made subject to this Declaration in the manner provided herein.
(u) "Residence" shall mean and refer to any single-family residential building
constructed on a Lot for which a certificate of occupancy has been duly issued.
(v) "Streets" shall mean the areas designated for vehicular traffic and more
particularly known as Tract on the Plan, which area is not included in a Lot.
(w) "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 Surface
Water Management Permit No. ,previously issued by St. Johns River Water
Management District, as amended from time to time, insofar as the Permit pertains to the Property
within the jurisdiction of the Association.
(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.
Section 1.2. Interpretation. 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 "including, 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.
ARTICLE II
EASEMENTS PROPERTY RIGHTS AND MAINTENANCE OBLIGATIONS
Section 2.1. Utility Easements. The Declarant reserves the right to grant easements, from
time to time, 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
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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 to 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 Enjoymen~ 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) if applicable, the stormwater detention/retention
areas identified in Section 1.1(h) above, (iii) drainage and utility easements, if any, dedicated in the
THE LANDINGS AT PARKSTONE Plan to the Public and The City of Winter Springs, Florida,
and (iv) the entitlements for the Property provided for in the Drainage and Utility Easement, every
Owner shall have a nonexclusive 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.
Section 2.3. Conveyance of Common Area. At the time of recording of the Plan for THE
LANDINGS AT PARKSTONE, all tracts which are to be owned and maintained by the
Homeowners Association shall be conveyed by the Declarant to the Homeowners Association by
warranty deed and from and after such conveyance and recording of the same in the Public Records
of Seminole County, Florida.
Section 2.4. Streets Easements and Property Rights in the Streets within the Property shall
be governed by the provisions of Article VI herein.
Section Z.S. Surface Water Management System. The Association and Declarant 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 and Declarant
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, maintain, or repair
the Surface Water Management System as required by the St. Johns River Water Management
District Permit described above in Section 1.1(w). Additionally, the Association and Declarant shall
have a perpetual non-exclusive easement for drainage over the entire Surface Water Management
System. No person shall alter the drainage flow of the Surface Water Management System,
including buffer areas or swales, without the prior written approval of the St. Johns River Water
Management District.
Maintenance of the Surface Water Management System shall include at a minimum the
requirements set forth in Section 1.1(0).
Surface Water Management System shall include those portions, if any, of the Property
designated on the Plan as retention areas or drainage easements (collectively "stormwater
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detention/retention areas") or by Declarant for irrigation, drainage or beautification purposes in a
manner consistent with the original design thereof by the Declarant and in accordance with the
requirements of applicable governmental authorities. The stormwater detention/retention areas, if
any, 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 appurtenances 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 dissolution or termination of the Association, the assets of the Association
and the responsibility for the operation and maintenance of the Surface Water Management System
must be transferred as provided for in Article XI of the Articles.
Section 2.6. Maintenance of Common Areas. The Association shall perform all
maintenance as described in Subsection 1.1(0). 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.
Section 2.7. Engineer's Report As a condition to the City's final approval of the
subdivision infrastructure, the Association must have retained the services of a Florida registered
engineer experienced in subdivision construction (other than the engineer of record for the
subdivision as of the date of the City's approval of the subdivision infrastructure construction plans)
who shall inspect the Streets and prepare a written report which recommends the amount of money
that should be budgeted for and collected each year to be held in a reserve account to be used solely
for resurfacing (and reconstruction, when necessary, in connection with the resurfacing of the
Streets); such report shall estimate the frequency during which the Streets are to be resurfaced (e.g.,
every twelve (12) to fifteen (15) years). The engineer's report shall be signed and sealed by the
engineer and a copy of the same, with original signature and seal shall be filed with the City. The
budget prepared by the Association for the annual assessment, to be collected from the Owner, shall
incorporate the engineer's estimate of the annual amount to be collected for resurfacing of the
Streets.
ARTICLE III
RULES AND REGULATIONS
Section 3.1. Residential 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
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visible from the exterior, which antenna shall be removed within three (3) months from the date of
availability of cable television. Satellite dishes, one meter or greater in diameter, including support
structures appurtenant thereto, which are no higher than four (4) feet from ground level may be
installed in rear yards so long as the entire rear yard is fenced in the manner provided herein. A
satellite dish which is less than one meter in diameter 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 Drying 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 Damage 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, the Declarant, 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. No noxious, destructive or offensive
activity shall be permitted on any Lot or in the Common Area, nor shall anything be done therein
which may be or may become an annoyance or nuisance to any other Owner or to any other person at
any time lawfully residing on the Property.
Section 3. S. Signs Prohibited. No sign of any kind shall be displayed to the public view on
any Lot or the Common Area without the prior written consent of the Association, except customary
name and address signs and no more than one (1) lawn sign of not more than four and one-half (4
1/2) square feet in size (or such lesser amount as may be required by applicable governmental
regulations) advertising the property for sale (as opposed to signs indicating availability for rental or
lease, which signs are expressly prohibited) provided the same are otherwise in accordance with
rules and regulations adopted by the Association.
Section 3.6. Parkin . All automobiles, SUVs, trucks and all other vehicles of every type
shall be parked in garages and designated off-street parking areas only; no parking shall be permitted
on the streets. Further, the Association may promulgate further rules and regulations affecting the
parking of any vehicles which appear in the best interest of all owners and any such regulations may
be in conflict with or supercede the regulations set forth in this Section 3.6.
Section 3.7. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or
kept on any Lot or the Common 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 maybe
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
commercial 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 upon the Property. All Owners at all
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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. Trash and Garbage. No trash, garbage, or other waste material shall be kept or
permitted upon any Lot or the Common Area except inside the improvements on each Lot or in
sanitary containers concealed from view by, at a minimum, the fence permitted as provided for in
Section 3.11 hereafter and/or landscaping, and otherwise in conformity with rules and regulations
adopted by the Association. There shall be no burning of trash or any other waste material.
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 community and disposing of the same in
parcels by sale, lease, or otherwise; or
(b) 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 transfer 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 Subject to prior approval of the ARC as to specific
location, all basketball backboards, fixed or otherwise, and any other fixed game and play structures
shall be located at the rear of the Residence, or in the case of corner Lots on the inside portion of the
Lot within the setback lines. Treehouses or platforms of the like kind or nature shall not be
constructed on any part of the Lot located in front of the rear line of the Residence constructed
thereon. Skateboard ramps or equivalent structures shall not be permitted on any Lot.
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 maybe required, provided
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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.
Section 3.12. Safe Neighborhood Improvements District The City of Winter Springs,
Florida may require or permit the Declarant to form one or more safe neighborhood improvements
districts, as provided for in Part IV of Chapter 163, Florida Statutes, as the same maybe 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 THE LANDINGS AT PARKSTONE.
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
maybe required in connection with the establishment of such district(s).
Section 3.13. Swimming Pools. No swimming pool, whether above or below ground, shall
be constructed on any Lot.
Section 3.14. Air Conditioning 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 the design thereof shall have first been approved by the
ARC. Exterior components of any cooling or heating system (or a combination thereof) shall be
substantially screened from view from the street fronting the Residence.
Section 3.1 S. 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 of television or radio received upon any other Lot.
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 publicright-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. Fuel Tanks. No fuel tanks or similar storage receptacles maybe exposed to
view from front or side streets or adjacent properties, but may be installed within the Residence,
within a walled in or screened area, or buried underground, and shall be approved by the ARC prior
to construction.
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
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authority as to the type of mailboxes allowed and the specific distance needed in the recovery area of
the street system. There shall be no individual mailboxes at a residence.
Section 3.19. Inoperative Vehicles and Repair. 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 or located upon any Lot at any time.
Section 3.20. Garage Doors. All Residences shall be constructed so as to include
operational garage doors. All garage doors shall remain closed at all time when not in use for entry
or exit to or from the garage.
Section 3.21. Window and Sliding Glass Door Treatments. All windows shall have two
inch (2") white blinds; all sliding glass doors shall have white vertical blinds.
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. No 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.
Section 3.23. Rules and Regulations. No Owner shall violate the rules and regulations for
the use of the Lots and the Common Area, as the same are from time to time adopted by the
Association. The prohibitions and restrictions contained in this Article shall be self-executing
without implementation by further rules and regulations; provided, however, the foregoing shall not
be construed as an implied 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.
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 comply with the zoning laws and regulations of the
City.
Section 3.25. 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 family, guests, invitees, tenants, or employees to comply with any covenant, restriction,
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rule or regulation, contained herein and rules or regulations promulgated under the Articles of
Incorporation or Bylaws of the Association, provided the following procedures are adhered to:
a. 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 fourteen (14) days from the date of said notice. At the meeting, Owner shall
present reasons why penalties should not be imposed.
b. Hearin;?. 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 ofnon-compliance
is sent to Owner. The Board 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.
c. 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 elect to review its decision in light of the findings
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 infraction.
d. Penalties. The Board of Directors may impose special assessments as
follows:
(i) First non-compliance or violation: a fine not in excess of One
Hundred Dollars ($100.00).
(ii) Second non-compliance or violation: a fine not in excess of Five
Hundred Dollars ($500.00).
(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).
e. Payment of Penalties. Fines shall be paid no later than thirty (30) days after
notice of the imposition or assessment.
f. Application. All monies received from fines shall be allocated for the benefit
of the Association as directed by the Board of Directors.
g. Nonexclusive Remedy. These fines shall not be construed to be exclusive, and
shall exist in addition to other rights and remedies to which the Association may be otherwise legally
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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.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 4.1. Membershiy. Every Owner of a Lot shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any Lot which is
subject to assessment.
Section 4.2. Voting Rights The Association shall have two classes of voting membership:
Class 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 an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be
exercised as they determine, but in no 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 any of the following events, whichever occurs earlier:
(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;
Declaration; or
(b) on the date which is ten (10) years after the recording of this
(c) upon voluntary conversion to Class A Membership by the Declarant;
provided always that such conversion shall not be effective sooner than the point in time at which
certificates of occupancy have been issued for seventy percent (70%) of the Lots. At the time of
conversion of the Class B membership to Class A membership, all Declarant's rights and obligations
shall be transferred to the Association (unless otherwise specifically provided for in this Declaration,
without the necessity of any action, formal or otherwise, to be taken by Declarant or the
Association).
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 5.1. Creation of the Lien and Personal Obligation of Assessments. The Declarant
hereby covenants, and each Owner of any Lot by acceptance of the deed for the Lot, 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
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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 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. Purpose 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 a proportionate share of the cost and expense of maintaining the Access
Easement and all related amenities; (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; and (vi) 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.
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 $ per Lot, plus any amounts that may be assessed under Sections
5.5 or 5.6 or to meet the requirements of Section 5.15 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 maybe increased by
more than the amount permitted pursuant to Subparagraph (a), above, by avote oftwo-thirds (2/3) of
each class of Members who are voting in person or by proxy at a meeting duly called for such
purpose.
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(c) The Board or Directors may fix the annual assessment at an amount not in
excess of the amount set forth herein, provided, always that same shall be sufficient to make all
required deposits to each of the Association's accounts established in Section 5.14 below.
Section S.S. 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 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 maybe 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 (i) 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 oftwo-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; (ii) levy a special assessment upon
authorization of the Board of Directors of the Association, for the purpose set forth in Section 11.1
hereof.
Section S. 7. Notice and Quorum for Any 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 majority of all the votes of each class of Membership shall constitute a quorum.
Section 5.8. Uniform Rate ofAssessment; Required Assessments; DeficitFundin~: Both
annual and special assessments must be fixed at a uniform rate for all Lots; except that as long as
there is Class B Membership, the Declarant will have the following options with respect to the
annual assessments:
(i) the Declarant may pay the annual assessment at the rate of up to 25% at the
rate fixed for Class "A" membership on all unoccupied Lots owned by the Declarant and, in
addition, shall pay any operating expenses that exceed the assessments receivable from other
Members and other income of the Association; or
(ii) the Declarant may pay the full rate of annual assessment at which time the
obligation to pay any operating expenses that exceed the assessments receivable from other Members
and other income of the Association will cease.
The Declarant shall be bound to pay annual assessments in accordance with (i) above until
such time as the Declarant gives written Notice to the Association that (ii) above will be the method
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of fixing assessments against the Declarant. This right, benefit and obligation maybe specifically
assigned to a Builder, provided that the Builder affirmatively accepts such assignment.
For that portion of the annual assessments which are allocated for the accounts established in
Section 5.14 below, the Association shall impose and collect assessments against each Lot, including
those Lots owned or controlled by the Declarant and by any builder, without exception. The
obligation to collect and pay assessments to fund the accounts shall commence as of the date on
which the City issues its certificate of completion for Streets, Surface Water Management System
and other related improvements for the subdivision. However, if the Plan has not been recorded as
of that date, the obligation to collect and pay assessments shall commence as of the date the Plan is
recorded in the Public Records of Seminole County, Florida. The assessments must be imposed and
collected in amounts sufficient, when added to investment earnings and other available revenues of
the Association, if any, to make all required deposits to each of the required Association accounts
established by Section 5.14 below.
In addition to the annual and special assessments authorized herein, the Association may
levy, as set forth in Section 5.5 above, a single lot individual assessment applicable only to a specific
Lot that has failed to meet its Maintenance obligations set forth in Article III, Section 3.16, or
elsewhere in this Declaration.
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 aLot cone-time Initial Assessment in the amount of $ .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. 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. Exclusive of those
amounts required to be collected pursuant to Section 5.8 above, the annual assessments provided for
herein shall commence as to all Lots on such date as shall be determined by the Board inconformity
with the provisions of this Declaration, but in any event shall commence no later than the date of the
conveyance of the first Lot. 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 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.
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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 Nonpayment ofAssessments; 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 Mortgages. 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 ig not cured within sixty (60) days. Furthermore, the
Association may provide such notice without receiving a request from an Institutional Lender.
Section 5.14. Forced Assessment If at any time the Association fails to levy, collect or
enforce assessments for the Maintenance of Common Areas, or if the Association fails to maintain
assessments at a level allowing for adequate maintenance, the City of Winter Springs shall have the
right to levy, collect and enforce assessments for Maintenance of common Areas or to cause the
assessments to be at a level allowing for adequate maintenance, and shall be entitled to all rights and
remedies available to the Association, as provided for herein, including lien rights. In addition, the
St. John's River Water Management District and the City shall have the right to levy, collect and
enforce assessments with respect to the operation, maintenance and repair of the Surface Water
Management System in the event the Association fails to do so or fails to maintain assessments at a
level allowing for adequate maintenance and repair.
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Section S.1 S. No Assessment It is specifically provided that no property owned by the City
of Winter Springs or any other governmental entity shall be subject to assessments levied by the
Association.
ARTICLE VI
SUBDIVISION STREETS
Section 6.1. Maintenance: Assessments The Association shall maintain Tract
within the Property 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 .The procedure for the adoption and collection of regular and special assessments
for Maintenance of Tract shall be as set forth in Article V. 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 Parking No vehicle may remain parked on a Street area for more than
one hour., except that vehicles of guests who are visiting an Owner may park in the Street for a
period not exceeding four hours if there is no room on the Owner's driveway. 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 is not dedicated to a local
government, each of the following vehicles is prohibited from using Tract :motorcycles,
motor-scooters, all-terrain vehicles, dune buggies, or similar vehicles.
Section 6 4. Securi . As long as Tract 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 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 The
Landings at Parkstone are not dedicated for public use and such Streets and easements are not and
will not be a part of the City 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 THE LANDINGS AT PARKSTONE 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 ofutilities authorized by the Declarant to
serve the land shown on the Plan, holders of mortgage liens on such lands, the Declarant, and such
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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 pavement in any
Street, or any portion of a Street, 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.
Section 6.6. Rights 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 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. Speed Limits. Subject to applicable law in the event Tract is dedicated
to a local government, traffic through Tract within the Property 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. Until such time that dedicated of Tract
to a local government occurs, enforcement of traffic laws, as requested by the Association,
shall be by the City of Winter Springs Police Department and all costs of such enforcement incurred
by the Police Department shall be paid by the Association.
Section 6.9. Periodic Resurfacing. 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 6.10. Transfer to The City of Winter Springs. Any transfer of property rights
concerning the Streets or other subdivision infrastructure, including the Property on which such
infrastructure is located, to The City of Winter Springs or other governmental entity shall require the
concurrence of all Lot Owners.
Section 6.I1. The City of Winter Springs Liability. Until such time that dedication of Tract
to a local government occurs, 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 and its officers and employees harmless from any cost arising directly or indirectly,
out of maintenance, repair and/or reconstruction of, or tort liability or award of damages related to or
arising in connection with, Tract "C" and/or the Streets, sidewalks, the Surface Water Management
System or any other subdivision infrastructure.
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Section 6.12. No Tax Discount. No tax discount or credit will be available to Lot Owners
for the Maintenance or repair of the Streets and the Surface Water Management System by the
Association.
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. Conve ay nce of Streets. At such time as the Plan is recorded, the Declarant
shall convey by warranty deed its fee simple right, title and interest in and to the Tract
Streets as shown on the Plan to the Association, which deed shall be recorded among the public
records of Seminole County, Florida. Such conveyance shall be subject to the easement rights set
forth in Section 6.5 above.
ARTICLE VII
ARCHITECTURAL 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 of the 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. ARCAuthority. 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.
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Section 7.3. ARCApprovaL No building, fence, hedge, 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 offences 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.
Section 7.4. Submissions o~'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 maybe 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. Drainage. 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
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any such restoration, the Association may exercise powers granted to it under Section 5.5 of Article
V.
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 such 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 ofEntrX. There is specifically reserved to the Association and the ARC,
the right of entry and inspection upon any Lot for the purpose 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 o,~'Liability. 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
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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 VIII
PARTY WALLS AND OTHER SHARED STRUCTURES
Section 8.1. Definition of Party Wald 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. Sharing 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 Part~Wal~ 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. Liability for Negligent or WillfulActs. 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. Right 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 Improvements to Party Wald 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 o Disputes Between Owners as to Party 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
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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. Binding Ef ecz 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.
Section 8.9. Rules and Regulations 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. Privacy 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. Ownership and Maintenance of Privacy Walls The Association own and shall
be responsible for maintenance of the Privacy Walls.
Section 9.3. Easement of Privacy Wald 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 Ap~rova~ 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.
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ARTICLE XI
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
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 Improvements. 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 Repair. 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 affirrnativevote ofsixty-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 by Association. The Association shall perform the
following maintenance to each Lot: cutting grass, trimming hedges, edging, and fertilizing.
Section 11.14 Maintenance by 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
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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 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. S 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 Lights. 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 II.2. Right of EntrX. The Association, through its employees, contractors and
agents, is hereby granted a right of entry into and upon each Lotto 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
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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 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 Propertyfor 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 Regulations. 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. Implied Rights 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 Capital Improvements. 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.
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ARTICLE XII
RECONSTRUCTION OR REPAIR AFTER CASUALTY
Section 11.1. Damage 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.
Section 12.2. Damage 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. 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. Repair or reconstruction of party
walls shall be governed in accordance with Article VII above, and in the event of any conflict
between Article VII and this Section, the provisions of Article VII shall control.
Section 12.3 Insurance. The Association shall carry an insurance policy insuring itself
from liability for damages related to or arising in connection with the Streets, sidewalks and Surface
Water Management System (including stormwater detention/retention areas, if any. The minimum
amount of insurance required shall be established by resolution of the Board of City Commissioners,
and if no resolution shall be passed, then in the reasonable judgment of the Board of Directors of the
Association.
ARTICLE XIII
GENERAL PROVISIONS
Section 13.1. Enforcement The Association, the Declarant, 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 or the City of Winter Springs Code as same relates to the requirements set forth herein
against Declarant, the Association or another Owner, as the case maybe; 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, maybe assessed against such
Owner's Lot as a special assessment pursuant to the provisions hereof. Failure by the Association or
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by any Owner to enforce any covenantor 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 of
Winter Springs 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, 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 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. Severability. Invalidation of any one 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. Amendmenl7 Unless provided otherwise herein, this Declaration may be
amended by the affirmative vote of seventy-five percent (75%) 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 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
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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 so long as such
amendment does not materially or adversely affect the interests of the Owners. Any amendment to
the Declaration which alters any provision relating to rights of the City including, specifically, but
not by way of limitation, any amendment which would conflict with any land use approval or
permits granted by the City, or which conflict with the Code of Ordinances or Land Development
Regulations of the City, must have the prior approval of the City and must be in the form of a
recordable instrument signed by the City. All amendments to this Declaration shall be recorded in
the Public Records of Seminole County, Florida.
Section 13. S. Effect of Recording. 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.
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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 o£
Print Name:
Print Name:
DECLARANT:
MORRISON HOMES, INC., a Delaware
corporation
By:
STATE OF FLORIDA
COUNTY OF SEMINOLE
Name:
As its: Division President
The foregoing instrument was acknowledged before me this day of ,
2004, by , as Division President of Morrison Homes, Inc., a Delaware
corporation, on behalf of the corporation, who
is personally known to me or
has produced
as identification.
(SEAL
Notary Public
Print name:
My Commission Expires:
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EXHIBIT "A"
LEGAL DESCRIPTION
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EXHIBIT "B"
ARTICLES OF INCORPORATION
(see attached)
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EXHIBIT "C"
BY-LAWS
(see attached)
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".....................,.
Prepared by and return to:
JESSE E. GRAHAM, SR., ESQ.
Graham, Builder, Jones, Pratt & Marks, LLP
369 N. New York Avenue, Third Floor
Winter Park, Florida 32789
P.O. Drawer 1690, Winter Park, Florida 32790
MAAY~ ftJRSt::, lU:RK ()= CIRCUIT CWRl
SEMlNUl~ UltflY
BK 05877 PGS 1410-14&0
CLERK'S ~ 2(K)51471&O
RECORDED 08I26Iaoos 09:55:37 AM
RECORDING fEES 435- 00
RECilIWl:.ll 8Y t hold",
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE LANDINGS AT PARKSTONE
THIS DECLARATION, made and executed as of the ~ day of ~ t ,2005, by
MORRISON HOMES, INC., a Delaware corporation, whose mailing ad ess is 151 Southhall
Lane, Suite 200, Maitland, Florida 32751, hereinafter referred to a "Declarant."
WHEREAS, Declarant is the owner of certain property in the City of Winter Springs, County
of Seminole, State of Florida (sometimes hereafter referred to as the "City"), which is more
particularly described in the schedule attached hereto as Exhibit "A."
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.
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(b) "Architectural Review Committee" and "ARC" shall refer to the committee
established and described in Article V hereof.
(c) "Articles" shall mean the Articles of Incorporation of the Association as they
may exist from time to time.
(d) "Association" shall mean THE LANDINGS AT PARKSTONE 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.
(e) "Board" shall mean the Board of Directors of the Association.
(f) "By-Laws" shall mean the By-Laws of the Association as they may exist from
time to time. The initial By-Laws are attached hereto as Exhibit "C." and incorporated herein by
reference.
(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 Management System, the Permanent Ingress and Egress Easement and
Agreement recorded in O.R. Book 3582, at Page 2021, Public Records of Seminole County, Florida
(the "Access Easement"), the Non-Exclusive Easement and Agreement for Drainage and Utilities,
recorded in O.R. Book 3582, at Page 208, Public Records of Seminole County, Florida (the
"Drainage and Utilities Easement"), or otherwise.
(h) "Common 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
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 stormwater detention/retention areas, if any, as hereafter
defined; and walls and entry features; and all entitlements extended to the Property pursuant to the
Access Easement and the Drainage and Utilities Easement. The Common Area shall include
specifically, but not by way of limitation, the Streets and sidewalks.
(i) "THE LANDINGS AT P ARKS TONE" shall mean the property described in
the schedule attached hereto as Exhibit "A" which is to be platted as THE LANDINGS AT
P ARKS TONE 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.
G) "Declarant" shall mean MORRISON HOMES, INC., a Delaware
corporation. Wherever the term Declarant is used in this Declaration, the Articles or By-Laws, it
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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.
(k) "Declaration" shall mean this Declaration of Covenants, Conditions and
Restrictions as it may, from time to time, be amended or supplemented.
(1) "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.
(m) "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 investment trust, or other lender generally
recognized in the community as an institutional lender.
(n) "Lot" shall mean any parcel of land shown on any recorded subdivision map
or plat of the Property upon which shall be located a Residence.
(0) "Maintenance" shall mean, but not be limited to, cleanup, landscaping and
grounds care, and upkeep of recreational amenities, the Surface Water Management System and
other facilities within the Common Area, and the repair, Maintenance and upkeep of the entry
features. 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 the St. Johns River Water
Management District, including (i) checking the inlets for accumulation of debris and sedimentation;
(ii) if applicable, checking for pond side slope stability by replacing dead sod and, after mowing
operations, checking for disturbed side banks; and (iii) if applicable, cleaning sediment out of
mitered end sections (inflow to ponds). Any repair or reconstruction of the Surface Water
Management System shall be as permitted, or if modified, then only as approved by the St. Johns
River Water Management District.
(p) "Member" shall mean all Owners who are Members of the Association as
provided in this Declaration.
(q) "Notice" shall mean delivery to the person or entity who appears as Owner in
the records of the Association of any document by mail with postage prepaid to the last known
address reflected in the records of the Association. Notice to one of two or more co-owners of a Lot
shall constitute notice to all Owners of such Lot.
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(r) "Owner" shall mean the owner as shown on the records of the Association
(whether it be the Declarant, one or more persons, firms or legal entities) of fee simple title to any
Lot located within the Property or any 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.
(s) "Plan" shall mean any recorded plat of any portion of the Property and
Additional Property for the development of THE LANDINGS AT PARKSTONE as recorded in
Plat Book (P E , Page .Ii.- t of the Public Records of Seminole County, Florida.
(t) "Property" shall mean the real property described in Exhibit "A" attached
hereto and, when added in accordance with the terms and conditions hereof, and any Additional
Property which may be made subject to this Declaration in the manner provided herein.
(u) "Residence" shall mean and refer to any single-family residential building
constructed on a Lot for which a certificate of occupancy has been duly issued.
(v) "Streets" shall mean the areas designated for vehicular traffic and more
particularly known as Cruz Bay Circle, Caneel Bay Terrace and Amalie Drive on the Plan, which
area is not included in a Lot.
(w) "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 Surface
Water Management Permit No.t.JD- J 17. ~5 - '-I , previously issued by St. Johns River Water
Management District, as amended from time to time, insofar as the Permit pertains to the Property
within the jurisdiction of the Association.
(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.
Section 1.2. Interoretation. 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 "including, 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
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are for indexing purposes only and shall not be used as a means of interpreting or construing the
substantive provisions hereof.
ARTICLE II
EASEMENTS. PROPERTY RIGHTS AND MAINTENANCE OBLIGATIONS
Section 2.1. Utility Easements. The Declarant reserves the right to grant easements, from
time to time, 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 to 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) if applicable, the stormwater detention/retention
areas identified in Section 1.1 (h) above, (Hi) drainage and utility easements, if any, dedicated in the
THE LANDINGS AT P ARKS TONE Plan to the Public and The City of Winter Springs, Florida, and
(iv) the entitlements for the Property provided for in the Drainage and Utility Easement, every Owner
shall have a nonexclusive 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.
Section 2.3. Convevance of Common Area. At the time of recording of the Plan for THE
LANDINGS AT P ARKSTONE, all tracts which are to be owned and maintained by the
Homeowners Association shall be conveyed by the Declarant to the Homeowners Association by
warranty deed and from and after such conveyance and recording of the same in the Public Records
of Seminole County, Florida.
Section 2.4. Streets. Easements and Property Rights in the Streets within the Property shall
be governed by the provisions of Article VI herein.
Section 2.5. Surface Water Manallement Svstem. The Association and Declarant 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 and Declarant
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, maintain, or repair
the Surface Water Management System as required by the St. Johns River Water Management
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District Permit described above in Section 1.1 (w). Additionally, the Association and Declarant shall
have a perpetual non-exclusive easement for drainage over the entire Surface Water Management
System. No person shall alter the drainage flow of the Surface Water Management System,
including buffer areas or swales, without the prior written approval of the St. Johns River Water
Management District.
Maintenance of the Surface Water Management System shall include at a minimum the
requirements set forth in Section 1.1(0).
Surface Water Management System shall include those portions, if any, of the Property
designated on the Plan as retention areas or drainage easements (collectively "stormwater
detention/retention areas") or by Declarant for irrigation, drainage or beautification purposes in a
manner consistent with the original design thereof by the Declarant and in accordance with the
requirements of applicable governmental authorities. The stormwater detention/retention areas, if
any, 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 appurtenances 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 dissolution or termination of the Association, the assets of the Association
and the responsibility for the operation and maintenance of the Surface Water Management System
must be transferred as provided for in Article XI of the Articles.
Section 2.6. Maintenance of Common Areas. The Association shall perform all
maintenance as described in Subsection 1.1(0). 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.
Section 2.7. En1!ineer's ReDort. As a condition to the City's final approval of the
subdivision infrastructure, the Association must have retained the services of a Florida registered
engineer experienced in subdivision construction (other than the engineer of record for the
subdivision as of the date ofthe City's approval of the subdivision infrastructure construction plans)
who shall inspect the Streets and prepare a written report which recommends the amount of money
that should be budgeted for and collected each year to be held in a reserve account to be used solely
for resurfacing (and reconstruction, when necessary, in connection with the resurfacing of the
Streets); such report shall estimate the frequency during which the Streets are to be resurfaced (e.g.,
every twelve (12) to fifteen (15) years). The engineer's report shall be signed and sealed by the
engineer and a copy of the same, with original signature and seal shall be filed with the City. The
budget prepared by the Association for the annual assessment, to be collected from the Owner, shall
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incorporate the engineer's estimate of the annual amount to be collected for resurfacing of the
Streets.
ARTICLE III
RULES AND REGULATIONS
Section 3.1. Residential 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. Satellite dishes, one meter or greater in diameter, including support
structures appurtenant thereto, which are no higher than four (4) feet from ground level may be
installed in rear yards so long as the entire rear yard is fenced in the manner provided herein. A
satellite dish which is less than one meter in diameter 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. Prohibition of Damalle 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, the Declarant, 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. No noxious, destructive or offensive
activity shall be permitted on any Lot or in the Common Area, nor shall anything be done therein
which may be or may become an annoyance or nuisance to any other Owner or to any other person at
any time lawfully residing on the Property.
Section 3.4. Sillns Prohibited. No sign of any kind shall be displayed to the public view on
any Lot or the Common Area without the prior written consent of the Association, except customary
name and address signs and no more than one (1) lawn sign of not more than four and one-half (4
1/2) square feet in size (or such lesser amount as may be required by applicable governmental
regulations) advertising the property for sale (as opposed to signs indicating availability for rental or
lease, which signs are expressly prohibited) provided the same are otherwise in accordance with rules
and regulations adopted by the Association.
Section 3.5. Parkinll. All automobiles, SUV s, trucks and all other vehicles of every type
shall be parked in garages and designated off-street parking areas only; no parking shall be permitted
on the streets. Further, the Association may promulgate further rules and regulations affecting the
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parking of any vehicles which appear in the best interest of all owners and any such regulations may
be in conflict with or supercede the regulations set forth in this Section 3.6.
Section 3.6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or
kept on any Lot or the Common 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
commercial 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 upon 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 3.7. Trash and Garba1!e. No trash, garbage, or other waste material shall be kept or
permitted upon any Lot or the Common Area except inside the improvements on each Lot or in
sanitary containers concealed from view by, at a minimum, the fence permitted as provided for in
Section 3.11 hereafter and/or landscaping, and otherwise in conformity with rules and regulations
adopted by the Association. There shall be no burning of trash or any other waste material.
Section 3.8. Provisions Are InoDerative 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 community and disposing of the same in
parcels by sale, lease, or otherwise; or
(b) 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 transfer 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.
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Section 3.9. Recreational Equipment. Subject to prior approval of the ARC as to specific
location, all basketball backboards, fixed or otherwise, and any other fixed game and play structures
shall be located at the rear of the Residence, or in the case of corner Lots on the inside portion of the
Lot within the setback lines. Treehouses or platforms of the like kind or nature shall not be
constructed on any part of the Lot located in front of the rear line of the Residence constructed
thereon. Skateboard ramps or equivalent structures shall not be permitted on any Lot.
Section 3.10. 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.
Section 3.11. Safe Nei1!hborhood Improvements District. The City of Winter Springs,
Florida 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 THE LANDINGS AT P ARKSTONE.
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).
Section 3.12. Swimmin1! Pools. No swimming pool, whether above or below ground, shall
be constructed on any Lot.
Section 3.13. Air Conditionin1! 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 the design thereof shall have first been approved by the
ARC. Exterior components of any cooling or heating system (or a combination thereof) shall be
substantially screened from view from the street fronting the Residence.
Section 3.14. 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 of television or radio received upon any other Lot.
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Section 3.15. 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 3.16. 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 Residence,
within a walled in or screened area, or buried underground, and shall be approved by the ARC prior
to construction.
Section 3.17. 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 allowed and the specific distance needed in the recovery area of
the street system. There shall be no individual mailboxes at a residence.
Section 3.18. Inooerative Vehicles and Reoair. 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 or located upon any Lot at any time.
Section 3.19. Garal!e Doors. All Residences shall be constructed so as to include
operational garage doors. All garage doors shall remain closed at all time when not in use for entry
or exit to or from the garage.
Section 3.20. Window and Slidinl! Glass Door Treatments. All windows shall have two
inch (2") white blinds; all sliding glass doors shall have white vertical blinds.
Section 3.21. 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. No 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.
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Section 3.22. Rules and ReJlulations. No Owner shall violate the rules and regulations for
the use of the Lots and the Common Area, as the same are from time to time adopted by the
Association. The prohibitions and restrictions contained in this Article shall be self-executing
without implementation by further rules and regulations; provided, however, the foregoing shall not
be construed as an implied 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.
Section 3.23. 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 comply with the zoning laws and regulations of the
City.
Section 3.24. 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 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, provided the following procedures are adhered to:
a. 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 fourteen (14) days from the date of said notice. At the meeting, Owner shall
present reasons why penalties should not be imposed.
b. 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 Board 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.
c. Appeal. Any person aggrieved by the decision of the Board of Directors as to a
non-compliance may, upon written request 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 elect to review its decision in light of the findings 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 infraction.
d. Penalties. The Board of Directors may impose special assessments as follows:
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(i) First non-compliance or violation: a fine not in excess of One
Hundred Dollars ($100.00).
(ii) Second non-compliance or violation: a fine not in excess of Five
Hundred Dollars ($500.00).
(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).
e. Payment of Penalties. Fines shall be paid no later than thirty (30) days after
notice of the imposition or assessment.
f. Application. All monies received from fines shall be allocated for the benefit
of the Association as directed by the Board of Directors.
g. Nonexclusive Remedy. These fines shall not be construed 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.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 4.1. Membershiv. Every Owner of a Lot shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any Lot which is
subject to assessment.
Section 4.2. Votinl! Ril!hts. The Association shall have two classes of voting membership:
Class 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 an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be
exercised as they determine, but in no 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 any of the following events, whichever occurs earlier:
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(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;
Declaration; or
(b) on the date which is ten (10) years after the recording of this
(c) upon voluntary conversion to Class A Membership by the Declarant;
provided always that such conversion shall not be effective sooner than the point in time at which
certificates of occupancy have been issued for seventy percent (70%) of the Lots. At the time of
conversion of the Class B membership to Class A membership, all Declarant's rights and obligations
shall be transferred to the Association (unless otherwise specifically provided for in this Declaration,
without the necessity of any action, formal or otherwise, to be taken by Declarant or the
Association).
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 5.1. Creation of the Lien and Personal ObliJ!ation of Assessments. The Declarant
hereby covenants, and each Owner of any Lot by acceptance of the deed for the Lot, 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 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. Puroose 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 a proportionate share of the cost and expense of maintaining the Access
Easement and all related amenities; (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; and (vi) for the general purpose of enabling the Association to
perform and fulfill its authorized or required rights, powers, duties and obligations.
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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.
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 $ per Lot, plus any amounts that may be assessed under Sections
5.5 or 5.6 or to meet the requirements of Section 5.15 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 oftwo-thirds (2/3) of
each class of 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, provided, always that same shall be sufficient to make all
required deposits to each of the Association's accounts established in Section 5.14 below.
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 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 Caoitallmorovements. In addition to the annual
assessments authorized above, the Association may (i) 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; (ii) levy a special assessment upon
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authorization of the Board of Directors of the Association, for the purpose set forth in Section 11.1
hereof.
Section 5.7. Notice and Quorum for Any 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 majority of all the votes of each class of Membership shall constitute a quorum.
Section 5.8. Uniform Rate of Assessment: Required Assessments: Deficit Fundim!. Both
annual and special assessments must be fixed at a uniform rate for all Lots; except that as long as
there is Class B Membership, the Declarant will have the following options with respect to the
annual assessments:
(i) the Declarant may pay the annual assessment at the rate of up to 25% at the
rate fixed for Class "A" membership on all unoccupied Lots owned by the Declarant and, in addition,
shall pay any operating expenses that exceed the assessments receivable from other Members and
other income of the Association; or
(ii) the Declarant may pay the full rate of annual assessment at which time the
obligation to pay any operating expenses that exceed the assessments receivable from other Members
and other income of the Association will cease.
The Declarant shall be bound to pay annual assessments in accordance with (i) above until
such time as the Declarant gives written Notice to the Association that (ii) above will be the method
of fixing assessments against the Declarant. This right, benefit and obligation may be specifically
assigned to a Builder, provided that the Builder affirmatively accepts such assignment.
For that portion of the annual assessments which are allocated for the accounts established in
Section 5.14 below, the Association shall impose and collect assessments against each Lot, including
those Lots owned or controlled by the Declarant and by any builder, without exception. The
obligation to collect and pay assessments to fund the accounts shall commence as of the date on
which the City issues its certificate of completion for Streets, Surface Water Management System
and other related improvements for the subdivision. However, if the Plan has not been recorded as
of that date, the obligation to collect and pay assessments shall commence as of the date the Plan is
recorded in the Public Records of Seminole County, Florida. The assessments must be imposed and
collected in amounts sufficient, when added to investment earnings and other available revenues of
the Association, if any, to make all required deposits to each of the required Association accounts
established by Section 5.14 below.
In addition to the annual and special assessments authorized herein, the Association may
levy, as set forth in Section 5.5 above, a single lot individual assessment applicable only to a specific
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Lot that has failed to meet its Maintenance obligations set forth in Article ill, Section 3.16, or
elsewhere in this Declaration.
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 $ .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. 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. Exclusive of those
amounts required to be collected pursuant to Section 5.8 above, 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, but in any event shall commence no later than the date of the
conveyance of the first Lot. 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 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,
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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 Mortl!al!es. 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. Forced Assessment. If at any time the Association fails to levy, collect or
enforce assessments for the Maintenance of Common Areas, or if the Association fails to maintain
assessments at a level allowing for adequate maintenance, the City of Winter Springs shall have the
right to levy, collect and enforce assessments for Maintenance of common Areas or to cause the
assessments to be at a level allowing for adequate maintenance, and shall be entitled to all rights and
remedies available to the Association, as provided for herein, including lien rights. In addition, the
St. John's River Water Management District and the City shall have the right to levy, collect and
enforce assessments with respect to the operation, maintenance and repair of the Surface Water
Management System in the event the Association fails to do so or fails to maintain assessments at a
level allowing for adequate maintenance and repair.
Section 5.15. No Assessment. It is specifically provided that no property owned by the City
of Winter Springs or any other governmental entity shall be subject to assessments levied by the
Association.
ARTICLE VI
SUBDIVISION STREETS
Section 6.1. Maintenance: Assessments. The Association shall maintain Cruz Bay Circle,
Caneel Bay Terrace and Amalie Drive within the Property 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 Cruz Bay Circle, Caneel Bay Terrace and Amalie
Drive. The procedure for the adoption and collection of regular and special assessments for
Maintenance of Cruz Bay Circle, Canee1 Bay Terrace and Amalie Drive shall be as set forth in
Article V. Notwithstanding the foregoing sentence, the Board of Directors of the Association, if it
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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
one hour, except that vehicles of guests who are visiting an Owner may park in the Street for a period
not exceeding four hours if there is no room on the Owner's driveway. 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 Cruz Bay Circle, Caneel Bay Terrace and
Amalie Drive are not dedicated to a local government, each of the following vehicles are prohibited
from using Cruz Bay Circle, Caneel Bay Terrace and Amalie Drive: motorcycles, motor-scooters,
all-terrain vehicles, dune buggies, or similar vehicles.
Section 6.4. Securitv. As long as Cruz Bay Circle, Caneel Bay Terrace and Amalie Drive
are not dedicated to a local government, the Association shall have right to provide for security in
order to keep unauthorized persons or vehicles off Cruz Bay Circle, Canee1 Bay Terrace and Amalie
Drive 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 The
Landings at Parkstone are not dedicated for public use and such Streets and easements are not and
will not be a part of the City 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 THE LANDINGS AT P ARKS TONE 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, the Declarant, 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 pavement in any
Street, or any portion of a Street, 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.
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Section 6.6. Rillhts 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 Cruz Bay Circle, Caneel Bay
Terrace and Amalie Drive 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 Cruz Bay Circle, Caneel
Bay Terrace and Amalie Drive are dedicated to a local government, traffic through Cruz Bay Circle,
Caneel Bay Terrace and Amalie Drive within the Property 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. Until such time that dedicated of Cruz Bay Circle, Caneel
Bay Terrace and Amalie Drive to a local government occurs, enforcement of traffic laws, as
requested by the Association, shall be by the City of Winter Springs Police Department and all costs
of such enforcement incurred by the Police Department shall be paid by the Association.
Section 6.9. Periodic Resurfacinll. The Association shall require that the Streets be
resurfaced every twelve (12) years unless a longer period oftime is approved by The City of Winter
Springs Engineer.
Section 6.10. Transfer to The Ci/v of Winter Sorinlls. Any transfer of property rights
concerning the Streets or other subdivision infrastructure, including the Property on which such
infrastructure is located, to The City of Winter Springs or other governmental entity shall require the
concurrence of all Lot Owners.
Section 6.11. The Ci/v of Winter Sorinlls Liabili/v. Until such time that dedication of Cruz
Bay Circle, Caneel Bay Terrace and Amalie Drive to a local government occurs, 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 and its officers and employees
harmless from any cost arising directly or indirectly, out of maintenance, repair and/or reconstruction
of, or tort liability or award of damages related to or arising in connection with, the Streets,
sidewalks, the Surface Water Management System or any other subdivision infrastructure.
Section 6.12. No Tax Discount. No tax discount or credit will be available to Lot Owners
for the Maintenance or repair of the Streets and the Surface Water Management System by the
Association.
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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. Convevance of Streets. At such time as the Plan is recorded, the Declarant
shall convey by warranty deed its fee simple right, title and interest in and to the Streets as shown on
the Plan to the Association, which deed shall be recorded among the public records of Seminole
County, Florida. Such conveyance shall be subject to the easement rights set forth in Section 6.5
above.
ARTICLE VII
ARCHITECTURAL 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 of the 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.
Section 7.3. ARC Aooroval. No building, fence, hedge, 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
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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.
Section 7.4. Submissions of Plans and Soecifications. 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. Drainalle. 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.
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Section 7.7. Comoletion. 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 such 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. Riflht of Entrv. There is specifically reserved to the Association and the ARC,
the right of entry and inspection upon any Lot for the purpose 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
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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 VIII
PARTY WALLS AND OTHER SHARED STRUCTURES
Section 8.1. Definition of Partv 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. Sharin/l 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
OffilSSlOns.
Section 8.3. Destruction of a Partv 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 N e/lli/lent 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. Ri/lht 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 Partv 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 Partv 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
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23
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. Bindiml Effect. These covenants contained in this Article vrn 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.
Section 8.9. Rules and Rellulations. 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:.,Privacy 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. Ownershio 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
ANNEXA TION OF ADDITIONAL PROPERTY
Section 10.1. Annexation without Association Aooroval. 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
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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
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
(662/3) 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 bv Association. The Association shall perform the
following maintenance to each Lot: cutting grass, trimming hedges, edging, and fertilizing.
Section 11.14 Maintenance bv 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
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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 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 eo st. 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 Lillhts. 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.
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Section 11.2. Ri1!ht of Entn. 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 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 Re1!ulations. 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 Ri1!hts. 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
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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 CaDitat ImDrovements. 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 XII
RECONSTRUCTION OR REPAIR AFTER CASUALTY
Section 11.1. Damafle 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.
Section 12.2. Damafle 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. 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. Repair or reconstruction of party
walls shall be governed in accordance with Article VII above, and in the event of any conflict
between Article VII and this Section, the provisions of Article VII shall control.
Section 12.3 Insurance. The Association shall carry an insurance policy insuring itself
from liability for damages related to or arising in connection with the Streets, sidewalks and Surface
Water Management System (including stormwater detention/retention areas, if any. The minimum
amount of insurance required shall be established by resolution of the Board of City Commissioners,
and if no resolution shall be passed, then in the reasonable judgment of the Board of Directors of the
Association.
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ARTICLE XIII
GENERAL PROVISIONS
Section 13.1. Enforcement. The Association, the Declarant, 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 or the City of Winter Springs Code as same relates to the requirements set forth herein
against Declarant, the Association or another Owner, as the case may be; 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 of
Winter Springs 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, 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 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,
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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 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 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 so long as such
amendment does not materially or adversely affect the interests of the Owners. Any amendment to
the Declaration which alters any provision relating to rights of the City including, specifically, but
not by way of limitation, any amendment which would conflict with any land use approval or permits
granted by the City, or which conflict with the Code of Ordinances or Land Development
Regulations of the City, must have the prior approval of the City and must be in the form of a
recordable instrument signed by the City. All amendments to this Declaration shall be recorded in
the Public Records of Seminole County, Florida.
Section 13.5. Effect of Recordinll. 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. Conflict of Law. In the event of any conflict between the terms of anyone of
the covenants or restrictions contained herein and any local or state law, ordinance, regulation or
rule, the provisions of such local or state law, ordinance, regulation or rule shall govern.
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IN WITNESS WHEREOF, the Declarant has caused this instrument to be duly executed the
day and year first above written.
DECLARANT:
MORRISON HOMES, INC., a Delaware
corporation
/?.,U("O I J
By: ~~t: ~~YS
As its: Division President
STATE OF FLORIDA
COUNTY OF SEMINOl.E /) rC, f'} j e..
Th~g?~ng ins}l}lmnL was acknowledged before me this J;( ~ay Ofa.<~~ ,
2004, by~~ ~ r~as Division President of Morrison Homes, Inc., a "belaware
corporation, on behalf of the corporation, who
is personally known to me or
has produced
as identification.
(SEAL)
~o~.
Notary Publi
Print name: ~h 'l'r 'I / .~ L" 11 'j
My Commission Expires: .:.j; 9/ (')~
~~ CHERYL A LONG
MY COMMISSIO~ # DD3942SS
EXPIRES: April 18. 2009
I-301l-J.NOTARY Fl. N<<cy a-I Aaoo. Co.
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EXHIBIT" A"
LEGAL DESCRIPTION
DESCRIPTION:
Tracte A. EJ and Co P'ARKSTONE UNIT 1, according to the plat thweaf, em recorded
In Plat Book 58. Pages 11 through 21. of the Public Recorda of Seminole COunty.
florida.
Together with on Accee. and Utility Easement. a. eet forth and deecrlbed In that
certain document recorded on December 18, 199B, In OffIeld Record. Boak 3556,
Page 177', SemInole County, F'lor1da. (Not 8uNe)'lld)
Tovether with a Non-elCClueiw Ea.ement and Agreement far Drainage Clnd Utilitie..
08 8et forth and descr1bed In that certain document recorded on January 29,
1999, in Official Records Book J5B2. Page 20os. Seminal. CDLlnty, Florida. (Not
,ul'Y8)'8d)(Not plottable)
Together with a perman.,t Ingre.. and E9ree. ECMmen't and A4Jreemen't, a. II8t:
forth and deecribed Tn that certaln dllCUment ntcarded an January 27. 1999. In
OffIcial RIICDn:l. Book 3582, Page 2021. Semlnale County. florida. (Not .urve~)
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEl.. Of LAND LYING IN SECTION ~. TOWNSHIP 20 SCUlH, RANGE JO EAST aElNG MORE
PARllaJLARL Y DESCRIBED AS FOLLOWS:
BEGIN AT lHE SCUlHEAST CORNER OF TRACT B. PARKSTONE UNIT 2, ACCORDING 10 lHE PLAT THEREOF AS
RECORDED IN PLAT BOOK 58. PAGES 24 AND 25 OF lHE PUBUC RECORDS OF SEMINOLE COUN1Y, R...ORIDA;
THENCE RUN NORTH 05"05'05w WEST. ~G THE EAST UNE Of SAID PARKSTONE UNIT 2 FOR A DISTANCE
OF' 735.00 FEET TO A POINT ON lHE SOUTH UNE OF' PARKSTONE UNIT 1. ACCORDING TO THE PLAT
THEREOF' AS RECORDED IN PLAT BOOK 58. PAGES 17 THROUGH 21 OF lHE AFORESAID PUBUC RECCRDSi
lHENCE RUN NORTH 83'54'55. EAST ALONG SAID SCUll-! UNE A DISTANCE OF 853.70 FEET TO A POINT ON
lHE WESTERLY UNE Of TRACT H OF lHE AFORESAID PLAT Of PARKSTCNE UNIT 1. SAID POINT ALSO LYING
ON " NON-TANGENT CURVE CONCAVE NORlHEASTERLY HAVING" RADIUS Of 11fi.00 FfET, A aiORD
BEARING OF 90UlH 51',35',3J- EAST AND A a-tORD DISTANCE OF 88.70 FEET: TI-fENCE RUN SOl.JTHEASlERLY
ALONG SAID YtES1ERLY UNE AND ALONG SAID CUR'vt: ll-!ROUGH A CENTRAL ANGLE OF 33'43'08- FOR AN
ARC DISTANCE Of 87.68 FEET TO A POINT Of RE'v'ERS~ CURVAnJRE OF A CURVE CONCAVE WESTIRLY
HA~Na A RADIUS OF 25.00 FEET: TliENCE RUN SOUll-!ERLY ALONG ll-!E ARC OF SAID CUR'vt: ll-!ROUGH A
CEN1RAl ANGlE OF' 62'20"10. FOR AN ARC DISTANCE OF' 27.2Q FEET TO THE WEST RIGHT OF WAY OF
PARKSTONE BOULEVARD: THENCE RUN SOUTH OB"OfJ'5r EAST AL.ONG SAID WEST RIGHT Of WAY A DISTANCE
OF' 886.00 FEET TO TliE NORTH RIGHT OF WAY OF STATE ROAD NO. 434; TliENCE RUN SCUll-! 83'53'03-
WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 209.4.1 FEET: THENCE CONlINUE ALONG SAID
NORlH RIGHT OF WAY UNE, SOUll-! 83'54'55- EST A DISTANCE OF' 505.82 FEET 10 lHE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND UES IN lHE CITY OF "WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA
AND CONTAINS 12.015 ACRES OR 523,J60 SQUARE FEET, MORE OR LESS.
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SECOND AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF
THE LANDINGS AT P ARKSTONE OWNERS ASSOCIATION, INC.,
a Florida corporation not for profit
1. In compliance with the requirements of Florida Statute Section 617.0202, the undersigne9
who is a resident of the State of Florida and who is of full age for the purpose of forming a Florida corpomtion
not for profit, hereby submits these Second Amended and Restated Articles ofIncorporation to be filed with
the Department of State.
2. The name of the corporation is THE LANDINGS AT P ARKSTONE OWNERS
ASSOCIATION, INC., and the corporation's Articles of Incorporation were originally filed on August 4,
2004, as amended by the Amended and Restated Articles of Incorporation of The Landings at Parkstone
Owners Association, Inc. filed on November 4, 2004
3. Pursuant to Florida Statute Section 617.1002, these Second Amended and Restated Articles of
Incorporation were duly approved and adopted by a sufficient number of members of the Board of Directors
through an action by written consent without a meeting and did not require member approval because there are
currently no members.
4. These Second Amended and Restated Articles of Incorporation shall supersede any previously
filed Articles ofIncorporatioQ and any amendments theretq and shall be as follows:
ARTICLE I
NAME OF CORPORATION
The name of the corporation is THE LANDINGS AT P ARKSTONE OWNERS ASSOCIATION,
INC., a corporation not for profit, under the provisions of Chapter 617 of the Florida Statutes (hereinafter
referred to as the '~ssociation").
ARTICLE II
PRINCIPAL OFFICE OF THE ASSOCIATION
The initial principal office of the Association is located at 151 Southhall Lane, Suite 200, Maitland,
Florida 32751, or other location designated by the .8>ard of Directors.
ARTICLE m
REGISTERED AGENT AND REGISTERED OFFICE
The initial registered office of this corporation shall be at 369 N. New York Avenue, Third Floor,
Winter Park, Florida 32789, with the privilege of having its office and breach offices at other places within
or without the State of Florida. The initial registered agent at that address shall btJesse E. Graham, Jr.
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1
ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or profit to the members thereof, and the
specific purposes for which it is formed are to provide for the maintenance, preservation and architectural
control ofthe Lots, Streets and Common Area within that Property located in Seminole County, Florida, and
known as THE LANDINGS AT P ARKSTONE, together with such Additional Property located in Seminole
County, Florida, which may be brought within the jurisdiction of the Association from time to time, as
provided in the "Declaration" referred to herein below, and to promote the health, safety and welfare of the
residents within the above described property and any additions thereto as may hereafter be brought within the
jurisdiction of this Association for this purpose to:
A. exercise of all of the powers and privileges and to perform all of the duties and obligations of
the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions for THE
LANDINGS AT PARKSTONE, hereinafter called the "Declaration," applicable to the Property and
recorded or to be recorded in the Public Records of Seminole County, Florida, as the same may be amended
from time to time as therein provided, said Declaration being incorporated herein as if set forth at length (all
capitalized terms, unless otherwise provided herein, shall have the same meaning as defmed in the Declaration)
and pursuant to Chapter 720, Florida Statutes;
B. fix, levy, collect, and enforce payment by any lawful means, all charges or assessments
pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other
expenses incident to the conduct of the business of the Association, including all licenses, taxes or
governmental charges levied or imposed against the property of the Association;
C. acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain,
convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in
connection with the affairs of the Association;
D. borrow money, and with the assent of two-thirds (2/3) of the Lot Owners (excluding the
Declarant), mortgage or pledge, any or all of its real or personal property asecurity for money borrowed or
debts incurred;
E. dedicate, sell or transfer all or any part of the Common Area to any public agency, authority,
or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such
dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of the Lot
Owners (excluding the Declarant), agreeing to such dedication, sale or transfer, provided, however, the
Association shall have the right to grant permits, easements or licenses to a public agency or utility company
for utilities, roads, other purposes reasonably necessary or useful for the proper maintenance or operation of the
property, which grants shall not be deemed a dedication, sale or transfer requiring the consent of Members;
F. participate in mergers and consolidations with other nonprofit corporations organized for the
same purposes or annex additional residential property and Common Area, provided than any such merger,
consolidation, or annexation shall comply with the requirements of the Declaration;
2
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G. have and to exercise any and all powers, rights and privileges which a corporation organized
under Florida Not For Profit Corporation Act by law may now or hereafter have or exercise;
H. operate, maintain and manage the Surface Water or Stormwater Management System in a
manner consistent with the St. Johns River Water Management District Permit No. 40-117-22545-4
requirements and applicable District rules, and shall assist in the enforcement of the restrictions and covenants
contained herein. The Association shall levy and collect adequate assessments against Members of the
Association for the maintenance, operation and repair of the Surface Water or Stormwater Management
Systems including but not limited to work within retention areas, drainage structures and drainage easements;
I. operate, maintain and manage the Common Area. The Association shall levy and collect
adequate assessments against Members of the Association for the maintenance of the Common Area;
duties:
J. with respect to the surface water management system, the Association shall have the following
(1) Each property owner shall be responsible forhis pro rata share of the maintenance,
operation and repair of the Surface Water or Stormwater Management System. "Surface Water or Stonnwater
Management System" means a system which is designed and constructed or implemented to control discharges
which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat,
use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation, and water
pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to
Chapters 40C-4, 40C-40, or 40C-42, F.A.C.
(2) Maintenance of the Surface Water or Storm water Management System(s) shall mean
the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other
surface water or stormwatermanagementcapabiIities as permitted by the St. Johns River Water Management
District. Each Lot Owner or other pDperty owner shall be responsiblefor such maintenance and operation.
Any repair or reconstruction of the Surface Water or Storm water Management System shall be as permitted, or
if modified, then only as approved by the St. Johns River Water Management Dtrict.
(3) Any amendment to the Declaration or Plan, which alters the Surface Water or
Storm water Management System, beyond maintenance in its original condition, including the water
management portions of the Common Areas, must have the prior approval of the St. Johns River Water
Management District.
(4) The St. Johns River Water Management District shall have the right to enforce, by a
proceeding at law or in equity, the provisions contained in these Articles, which relate to the maintenance,
operation, and repair of the Surface Water or Stormwater Management System;
K. operate, maintain and manage the Streets. The Association shall levy and collect adequate
assessments against Members of the Association for the maintenance ofthe Streets.
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ARTICLE V
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is
subject by covenants of record to assessment by the Association, including contract sellers, shall be a Member
of the Association. The foregoing is not intended to include persons who or entities that hold an interest
merely as security for the performance of any obligation. Membership shall be appurtenantto and may not be
separated from ownership of any Lot, which is subject to assessment b,he Association.
ARTICLE VI
VOTING RIGHTS
The Association shall have two (2) classes of voting membership:
A. Class A. Class A Members shall be all Owners, with the exception of the Declarant,
and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in
any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in
no event shall more than one (1) vote be cast with respect to any Lot. When reference is made herein or in the
Association Bylaws to a majority or a specific percentage or fraction of Members to establish a quorum or to
carry a vote, such references shall be deemed to mean and refer to such majority, percentage or fraction entitled
to vote on the basis of one (1) vote per Lot.
B. Class B. The Class B Member shall be the Declarant and 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 any of the nllowing events, whichever occurs earlier:
(1) three (3) months after ninety percent (90%) of the maximum number ofresidential
Lots allowed for the Property have been conveyed to Class A Members;
(2) ten (10) years after the date of the recording of the Declaration in the Public Records
of Seminole County, Florida; and
(3) upon voluntary conversion to Class A Membership by the Declarant.
Notwithstanding the cessation of Class B Membership in accordance with the above, if Additional
Property is made subject to this Declaration, Class B Membership shall be reinstated for all Lots owned by
Declarant so long as seventy-five percent (75%) of the then total number of Lots has not been deeded to Class
A Members.
ARTICLE VII
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board of not more than seven (7) directors, who
need not be Members of the Association. The initial number of Directors shall be three (3) and may be
changed by amendment of the By-Laws of the Association. The names and address of the persons who are to
act in the capacity of Directors until the selection of their successors are:
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Mary Vernak
151 Southhall Lane, Suite 200
Maitland, Florida 32751
Nichol Bolander
151 Southhall Lane, Suite 200
Maitland, Florida 32751
William Steen
151 Southhall Lane, Suite 200
Maitland, Florida 32751
At the first annual meeting, the Members shall elect one (1) Director for a term of one (lyear, one
Director for a term of two (2) years and one (1) Director for a term of three (3) years; and at each annual
meeting thereafter the Members shall elect one (1) Director for a term of three (3) years. In the event the
number of Directors is more than three (3), additional Directors shall be elected for a term of three (3) years.
The Declarant is entitled to elect or appoint at least one (1) Director as long as Declarant holds for sale
in the ordinary course of business at least five percent (5%) of the Lots.
ARTICLE VllI
INCORPORATOR
The name and address of the incorporator of these Articles ofIncorporation is as follows:
NAME
ADDRESS
MORRISON HOMES, INC.
151 Southhall Lane, Suite 200
Maitland, Florida 32751
ARTICLE IX
OFFICERS
The affairs of the Association shall be administered by the Officers designated in the By-Laws of the
Association as shall be elected by the Board of Directors at its first meeting following the first annual meeting
of the general Membership and they shall serve at the pleasure of the Board of Directors. Pending the election
of the permanent Officers of this Association by the Board of Directors, the following named persons shall be
the temporary Officers of the Association until their successors have been duly elected:
Mary Vernak
Nichol Bolander
William Steen
President
Vice President
Secretaryrrreasurer
ARTICLE X
BY-LAWS
By-Laws of the Association will be hereinafter adopted at the first meeting of the Board of Directors.
Such By-Laws may be amended or repealed, in whole or in part, at a regular or special meeting of the
Members, by a vote of a majority of a quorum of Member present in person or by prox)'
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ARTICLE XI
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by not less than twE>
thirds (2/3) of each class of Members. In the event of a permanent dissolution of the Association, other than
incident to a merger or consolidation with another association, (i) all assets of the Association shall be
conveyed to a nonprofit organization with similar purposes and acceptable to St. Johns River Water
ManagementDistrict and the City of Winter Springs, Florida, or (ii) all Associatim assets may be dedicated to
the City, Seminole County, Florida, or any applicable municipal or other governmental authority. In the event
of termination, dissolution or final liquidation of the Association, the successor non-profit organization or
governmental entity shall, pursuant to the Declaration, provide for the continued maintenance and upkeep of
the Common Area, including, without limitation, the Surface Water or Stormwater Management System, it
being specificallyunderstood that the responsibility for the operation and maintenance of the Surface Water or
Storm water Management System must be transferred to and accepted by an entity which would comply with
Section 40C-42.027, F .A.C., and be approved by the St. Johns River Water Management District prior to such
termination, dissolution or liquidation. The dissolution procedures described in this Article XI are also subject
to court approval pursuant to the provisions of The Florida Not For Profit Corporation Act.
ARTICLE XII
DURATION
Existence of the Association shall commence with the filing of these Articles of Incorporation with the
Secretary of State, Tallahass<e, Florida. The Association shall exist in perpetuity.
ARTICLE XIII
AMENDMENTS
Amendment of these Articles of Incorporation shall require the approval of at least twethirds (2/3)
vote of the Lot Owners.
ARTICLE XIV
CONFLICT
In the event that any provision of these Articles of Incorporation conflicts with any provision of
Declaration, the provision of Declaration in conflict therewith shall control. If any provision of these Articles
ofIncorporation conflicts with any provision of the Bylaws, the provisions ofthese Articles ofIncorporation
shall control.
ARTICLE XV
INDEMNIFICATION
The Directors and Officers of the Association shall be indemnified by the Association to the fullest
extent now or hereafter permitted by law and shall not be personally liable for any act, debt, liability or other
obligation of the Association. Similarly, Members are not personally liable for any act, debt, liability or
obligation of the Association. A Member may become liable to the Association for assessments, fees, etc. as
provided in the Declaration or as otherwise provided by law.
6
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IN WITNESS WHEREOF, for the purpose offormingthis corporation under the laws of the State of
lorida, the undersigned, being the Incorporator, has executed these Articles oflncorporation, this.JL day of
. - ,2005.
fi- p--
Marek Bakun
Vice President of The Landings at Parkstone
Owners Association, Inc.
Atte~: Jl-/ J}f-
p&e: LO,li io m:::tI::Q.#O
Title: Secretary
7
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CERTIFICATE
THE UNDERSIGNED, the Chair of the Board of Directors for The Landings at Parkstone Owners
Association, Inc., a Florida not for profit corporation, does hereby certify to the Florida Department of
State as follows:
1. The Second Amended and Restated Articles oflncorporation to which this Certificate is
attached contains no amendment to the Articles requiring member approval and that the initial Board of
Directors, has adopted the Second Amended and Restated Articles of Incorporation.
PrinINam~.a~
As Vice President of The Landings
at Parkstone Owners Association
8
G:\LandIHOA\Parkstone.second amended and restated articles v2.00C
CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE
FOR THE SERVICE OF PROCESS WITHIN THIS STATE
NAMING AGENT UPON WHOM PROCESS MAYBE SERVED
Pursuant to Sections 48.091 and 617.0501(3), Florida Statutes, the following is submitted:
FIRST, that The Landings at Parkstone Owners Association, Inc., desiring to organize under Chapter
617, Florida Statutes, with its principal office, as indicated in the Second Amended and Restated Articles of
Incorporation, at 151 Southhall Lane, Suite 200, Maitland, Florida 32751, has designated JESSE E.
GRAHAM, JR., located at 369 N. New York Avenue, Third Floor, Winter Park, Florida 32789, as its
registered agent and to accept service of process within this state.
Having been designated registered agent for the above-stated Corporation at the place named in this
Certificate, I hereby accept the appointment as registered agent, and I hereby state that I am familiar with and
accept the obligations ofthis position in compliance with Section 617.0501 (3), and I hereby agree to keep open
the above named office as prescribed by Section 48.091, Florida Statutes.
Dated:
, 2005
Jesse E. Graham, Jr.
9
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EXHIBIT "c"
BY-LAWS
OF
THE LANDINGS AT PARKSTONE OWNERS ASSOCIATION, INC.
Section 1. Identification of Association.
These are the By-Laws of THE LANDINGS AT PARKS TONE OWNERS ASSOCIATION, INC.
(hereinafterreferred to as the "Association"), as duly adopted by its Board of Directors. The Association is a
corporation not- for-profit, organized pursuant to and under Chapter 617, Florida Statutes. The Association has
been incorporated in connection with the creation of that certain Development (the "Development") known as
THE LANDIN GS AT PARKS TONE as evidenced by that certain Declaration of Covenants, Conditions, and
Restrictions (the "Declaration")recorded or to be recorded in the Public Records of Seminole County, Florida.
All terms and definitions as set forth in Article lof the Declaration are incorporated herein and made a part
hereof.
1.1 The office of the Association shall be for the present at 151 Southhall Lane, Suite 200,
Maitland, Florida 32751 and thereafter may be located at any place in Seminole County, Florida, designated
by the Board of Directors of the Association.
1.2 The fiscal year of the Association shall bethe calendar year, unless a different fiscal year is
adopted by the Board.
1.3 The seal of the Association shall bear the name of the Association, the word "Florida," and the
words "Corporation Not-For-Profit."
Section 2. Membershio in the Association. Members Meetinl!s. Votinl! and Proxiei
2.1 The qualifications of Members, the manner of their admission to membership in the
Association, and the manner of the termination of such membership shall be as seforth in Article IV of the
Articles of Incorporation of the Association.
2.2 The Members shall meet annually at the office of the Association or such other place in
Florida, as determined by the Board and as designated in the Notice of such meetings, at the time determined
by the Board, within ninety (90) days before each year-end (calendar or fiscal year-end as determined by the
Board) commencing with the year 2004. Such meetings shall be known as the "Annual Members Meeting."
The purpose of the Annual Members Meeting shall be to elect directors, to hear reports of the officers, and to
transact any other business authorized to be transacted by the Members.
2.3 Special meetings of the Members shall be held at any place within Seminole County,
whenever called by the President, Vice President, or a majority of the Board. A special meeting must be called
by the President or Vice President upon receipt of a wrilen request from one-fourth (1/4) of the Members.
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2.4 A written notice of the meeting (whether the Annual Members Meeting or a special meeting of
the Members) shall be mailed to each Member entitled to vote at his last known addresas it appears on the
books of the Association. Such written notice of an Annual Members Meeting shall be mailed to each Member
not less than fourteen (14) days nor more than forty (40) days prior to the date of the Annual Members
Meeting. Written notice ofa special meeting of the Members shall be mailed not less than ten (10) days nor
more than forty (40) days prior to the date of a special meeting. The notice shall state the time and place of
such meeting and the object for which the meeting is called and shall be signed by an officer of the
Association. If a meeting of the Members, either a special meeting or an Annual Members Meeting, is one for
which, by express provision ofthe Articles or these By-Laws, there is permitted or required a greater or lesser
amount of time for the mailing or posting of notice than is required or permitted by the provisions of this
Section 2.4, then the aforesaid express provision shall govern. Any provision herein to the contrary
notwithstanding, notice of any meeting may be waived by any Member before, during, or after a meeting,
which waiver shall be in writing and shall set forth a waiver of written notice of such meeting.
2.5 The Members, at the discretion of the Board, may act by written agreement in lieu of a
meeting, provided written notice of the matter or matters to be agreed upon is given to the Members, at the
addresses and within the time periods set forth in Section 2.4 herein, or duly waived in accordance with such
Section. The decision of the majority vote of the Members as to the matter or matters to be agreed upon (as
evidenced by written response to be solicited in the notice) shall be binding on the Members, provided a
quorum of the Members submits a response. The notice shall set forth a time period during which time a
response must be made by a Member.
2.6 A quorum of the Members shall consist of persons entitled to cast thirty percent (3 0%) of the
votes of the Members. A Member may join in the actionofa meeting by signing and concurring in the minutes
thereof and such a signing shall constitute the presence of such parties for the purpose of determining a
quorum. When a quorum is present at any meeting and a question which raises the jurisdiction of such
meeting is presented, the holders of a majority of the voting rights present in person or represented by written
"proxy" (as hereinafter defined) shall be required to decide the question. However, if the question is one upon
which, by express provisions of the Declaration, the Articles, or these By-Laws requires a vote of other than
the majority vote of a quorum, then such express provision shall govern and control the required vote on the
decision of such question.
2.7 If any meeting of the Members cannot be organized because a quorum is not in attendance, the
Members who are present, either in person or by proxy, may adjourn the meeting to a date certain or otherwise
from time to time until a quorum is present. In the case of a meeting being postponed, the notice provisions for
the adjournment shall be as determined by the Board. In any such subsequent meetings, a quorum shall consist
of one-fifth (1/5) of the votes of the Members.
2.8 Minutes of all meetings shall be kept in a businesslike manner and be available for inspection
by the members and the Directors atall reasonable times.
2.9 V oting rights of Members shall be as stated in Section 2.1 0 below. Such votes may be cast in
person or by proxy. "Proxy" is defined to mean an instrument containing the appointmentofa person who is
substituted by a Member to vote for him and in his place and stead. Proxies shall be in writing and shall be
valid only for the particular meeting designated therein, and any adjournments of that meeting. A proxy must
be filed with the Secretary of the Association before the appointed time of the meeting in order to be effective.
Any proxy may be revoked prior to the time a vote is cast according to such proxy.
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2.10 The following provisions shall govern the right of each Member to vote and the manner of
exercising such right:
(a) Each Owner or the collective Owners of a Lot of record shall be entitled to one (1)
vote in the Association with respect to matters on which a vote by thlOwners is required or permitted to be
taken under the Declaration, the Articles or these ByLaws.
(b) The vote of the Owners of a Lot owned by more than one natural person, or by a
corporation or other legal entity, shall be cast by the person named in a certificate executed by all of the
Owners of the Lot, or if appropriate, by properly designated officers, partners, or principals of the legal entity,
and filed with the Secretary of the Association. If such a certificate is not on file with the Secretary of the
Association, the vote of such Lot shall not be considered for a quorum or for any other plJIOse.
(c) Notwithstandingthe provisions of paragraph (b) of this Section 2.10, whenever any
Lot is owned by a husband and wife, they may, but shall not be required to, designate a voting member. In the
event a certificate designating a voting member iSlot filed by a husband and wife, thefollowing provisions
shall govern their right to vote:
(1) Where both are present at a meeting, each shall be regarded as the agent and
proxy of the other for purposes of casting the vote for each Lot owned by them. In the event they are unable to
concur in their decision upon any subject requiring a vote, they shall lose their right to vote on that subject at
the meeting.
(2) Where only one (1) spouse is present at a meeting, the person present may
cast the vote for the Lot without establishing the concurrence of the other spouse, absent any prior written
notice to the contrary by the other spouse. In the event of prior notice to the contrary to the Association or the
designation of a different proxy by the other sp<llse, the vote of said Lot shall not be considered.
(d) In the event that any Owner shall fail to pay Assessments within ten (10) days after he
has been notified in writing by the Association that such Assessmentilre due, the vote of the Lot owned by
such Owner shall be terminated until such Assessmentplus interestthereon and costs of collection thereof are
paid to the Association.
(e) The foregoing provisions shall not apply to the Declarant named in the Declaration
and the Declarant's successors and alsigns.
2.11 At any time prior to avote upon any matter at a meeting of the Members, any Member may
demand the use of a secret written ballot for voting on such matter. The Chairman of the meeting shall call for
nominations for inspectors of election to collect and tally written ballots upon the completion of balloting upon
the subject matter.
Section 3. Board of Directors: Director's Meetinf!s
3.1 The form of administration of the Association shall be by a Board of not less than three (3)
Directors nor more than seven (7) Directors, the exact amount to be determined from time to time by the
Members in accordance with the Declaration, or the Articles. The Board shall initially consist of three (3)
members, who need not be members ofthe Association.
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3.2 The provisions of the Articles setting forth the selection, election, designation and removal of
Directors by the Declarant are hereby incorporated herein by reference.
3.3 Subject to Section 3.5 below and to the Declarant's rights as set forth in the Articles and as set
forth in Section 3.5(c) below, vacancies in the Board shall be filled by persons elected by the remaining
Directors. Any such person shall be a Director as if, and have all of the rights, privileges, duties and
obligations as a Director, elected at an Annual Members Meeting, and shall serve for the term prescribed in
Section 3.4 of these By-Laws.
3.4 The term of each Director's services shall extend until the next Annual Members Meeting and
until his successor is duly elected and qualified, or until he is removed in the manner elsewhere provided
herein.
3.5 (a) A Director elected by the Members, as provided in the Articles, may be removed from
office upon the affirmative vote or the agreement in writing of a majority vote of the Members at a special
meeting of the Members for any reason deemed by the Members to be in the best interests ofthe Association.
A meeting of Members to so remove a Director elected by them shall be held, subject to the notice provisions
of Section 2.4 hereof, upon written request of ten percent (10%) of the Members. However, before any
Director is removed from office, he shall be notified in writing that a motion to remove him will be made prior
to the meeting at which said motion is to be made, and such Director shall be given an opportunity to be heard
at such meeting should he be present prior to the vote on his removal.
(b) Members shall elect, at a special meeting or at the Annual Members Meeting, persons
to fill vacancies to the Board caused by the removal of a Director elected by Members in accordance with
Section 3.5(a) above.
(c) A Director designated by Declarant, as provided in the Articles, may be removed only
by Declarant in its sole and absolute discretion and without any need for a meeting or vote. The Declarant
shall have the unqualified right to name a successor for any Director designated and thereafterremoved by it,
and Declarant shall notify the Board of the name of the successor Director and the commencement date for the
term of such successor Director.
(d) In the event a Director not designated by the Declarant shall fail to pay Assessments
within ten (10) days after he has been notified in writing by the Association that such Assessments are due, his
Board membership shall automatically be terminated and if such Board member is an officer of the Board he
shall automatically be discharged from his office. The provisions hereof shall not act to deprive the Declarant
of its right to designate officers or Directors.
3.6 The organizational meetingofa newly elected Board shall be held within ten (10) days of their
election at such place and time as shall be fixed by the Directors at the meeting at which they were elected. No
further notice ofthe organizational meeting shall be necess~.
3.7 Regular meetings ofthe Board may be held at such time and place as shall be determined from
time to time by a majority of the Directors. Special Meetings of the Board may be called at the discretion of
the President or the V ice President of the Association. Special meetings must be called by the Secretary at the
written request of ollt'}-third (1/3) of the Directors.
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3.8 Notice of the time and place of regular and special meetings of the Board, or adjournments
thereof, shall be given to each Director personally or by mail, telephone, or telegraph at least three (3) days
prior to the day named for such meeting. Any Director may waive notice of a meeting before, during, or after a
meeting, and such waiver shall be deemed equivalent to the receipt of notice by such Director. Notices of all
board meetings shall be given to the Members of the Association, as provided by law.
3.9 A quorum of the Board shall consist of the Directors entitled to cast a majority of the votes of
the entire Board. Matters approved by a majority of the Directors present at a meeting at which a quorum is
present shall constitute the official acts of the Board, except as specifically otherwise provided in the
Declaration, Articles, or elsewhere herein. If at any meeting of the Board, there shall be less than a quorum
present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At
any meeting being held because of such an adjournment, any business which might have been transacted at the
meeting as originally called may be transacted. In the case of the adjournment of a meeting, notice to the
Directors of such adjournment shall be as determined by the Board.
3.10 The presiding officer at Board meetings shall be the President.
3.11 Director's fees, if any, shall be determined by a majority vote of the Members.
3.12 Minutes of all meetings of the Board shall be kept in a businesslike manner and be available
for inspection by the Members and Directors at all reasonable times.
3.13 The Board shall have the power to appoint various executive committees of the Board. Each
committee shall act as a liaison to the Board and provide the Board with such information and reports as the
Board may request. Executive committees shall consist of no more than three (3) persons. Executive
committees shall have and exercise such powers as the Board may delegate to such executive committee. In
addition to such executive committees of the Board, the Board may organize owners' committees in the
Development consisting of no more than three (3) owners. Such committee shall be designated as a "non-
official committee," and the Owners shall have no authority to act on behalf of the Board. However, the
purpose of such Owners shall be to act as a liaison and to provide the Board with such information as the
Board may deem appropriate and necessary to exercise its power.
3.14 Meetings of the Board shall be open to all Members. Unless a Member serves as a Director or
unless he has been specifically invited by the Directors to participate in a meeting, Members shall not be
entitled to participate in any meeting of the Board, but shall only be entitled to act as an observer. In the event
that a Member not serving as a Director or not otherwise invited by the Dilctors to participate ina meeting
attempts to become more than a mere observer at such meeting, or conducts himself in a manner detrimental to
the carrying on of such meeting, then any Director may expel said Member from the meeting by any reasonable
means which may be necessary to accomplish such an expulsion. Also, any Director shall have the right to
exclude from any meeting of the Board any person who is not able to provide sufficient proofthat he is a
Member, unless said person was specifically invited by the Directors to participate in such meeting. Board
members may attend a meeting via telephone conference call if a speaker phone is available so that all those
present at the meeting can communicate.
3.15 The Directors shall have the right to take any action in the absence of a meeting which they
could take at a meeting by obtaining the written approval of al the Directors. Any action so approved shall
have the same effect as though taken at a meeting of the Directors.
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Section 4. Powers and Duties of the Board of Directors.
All of the powers and duties of the Association including those existing under the Declaration, the
Articles, and these By-Laws shall be exercised by the Board, unless otherwise specifically delegated therein to
the Members. Such powers and duties of the Board shall be exercised in accordance with the provisions of the
Declaration and these By-Laws, and shall specifically include all powers designated in the Declaration, the
Articles, and these ByLaws, including, without linitation, the following:
4.1 Making and collecting Special Assessments and Annual Assessments against Members
(collectively"Assessments") in accordance with the Declaration. These Assessments shall be collected by the
Association through payments made drectly to it by the Members.
4.2 U sing the proceeds of Assessment in the exercise of the powers and duties of the Association
and the Board.
4.3 Maintaining, repairing and operating the Development.
4.4 Reconstructing improvements after casualties and losses, and making further authorized
improvements of the Development.
4.5 Making and amending Rules and Regulations with respect to the use of the Development.
4.6 Enforcing by legal means the provisions of the Declaration, the Articles, these By-Laws, and
applicable provisions of law.
4.7 Contracting for the management and maintenance of the Development, and to authorize a
managementagentto assist the Association in carrying out its powers and duties by performing such functions
as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules, and
maintenance, and repair and replacement of the Common Areas and the Lots with funds that shall be made
available by the Association for such purposes and other services
4.8 Paying taxes and Assessments which are or may become liens against the Common Areas, if
any, and assessing the same against the Members.
4.9 Purchasing and carrying insurance for the protection of the Owners, the Board, and the
Association against casualty and liability.
4.10 Paying costs of all power, water, sewer, and other utility servIces rendered to the
Development, and not billed to the Owners.
4.11 Hiring and retaining such em ployees as are necessary to administer and carry out the services
required for the proper administration of the purposes of this Association, including the hiring of a resident
manager and paying all salaries therefor.
Section 5. Officers of the Association
5.1 The officers of the Association shall be a President, who shall be a Director, one (1) or more
Vice Presidents, a Treasurer, and a Secretary, all of whom shall be elected annually by the Board. Any officer
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may be removed with or without cause from office by a vote of the Directors at any meeting of the Board. Any
officer may resign at any time by giving written notice to the Board; such resignation shall take effect on the
date of receipt of such notice or any later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective. The Board shall, from time to time,
elect such other officers and assistant officers and designate their powers and duties as the Board shall find to
be required to manage the affairs of the Association.
5.2 The President shall be the chief executive officer of the Association. He shall have all of the
powers and duties which are usually vested in the office of the President of an owner's association, including,
but not limited to, the power to appoint such committees at such times from among the Members as he may, in
his discretion, determine appropriate to assist in conducting the affairs of the Association. The President shall
preside at all meetings of the Board.
5.3 In the absence or disability of the President, the Vice President shall exercise the powers and
perform the duties of the President. The Vice President shall also generally assist the President and exercise
such other powers and perform such other duties as shall be prescribed by the Board. In the event there shall
be more than one (1) Vice President elected by the Board, then they shall be designated "First," "Second,"
etc., and shall exercise the powers and perform the duties ofthe President, in order.
5.4 The Secretary shall cause to be kept the minutes of all meetings of the Board and the
Members, which minutes shall be kept in a businesslike manner and shall be available for inspection by
Members and Directors at all reasonable times. He shall have custody of the seal of the Association and shall
affix the same to instruments requiring such seal when duly authorized and directed by the Board to do so. He
shall keep the records of the Association, except those of the Treasurer, and shall perform all of the duties
incident to the office of Secretary of the Association as may be required by the Board or the President. The
Assistant Secretary, if any, shall perform the duties of the Secretary when the Secretary is absent, and shall
assist the Secretary.
5.5 The Treasurer shall have custody of all of the property of the Association, including funds,
securities, and evidences of indebtedness. He shallkeep the assessment rolls and accounts of the Members,
keep the books of the Association in accordance with generally accepted accounting practices, and shall
perform all of the duties incident to the office of a Treasurer. The Assistant Treasurer, if any, shall perform the
duties of the Treasurer whenever the Treasurer is absent, and shall assist the Treasurer.
5.6 The compensation, if any, of all officers and other employees of the Association shall be fixed
by the Board. This provision shall not preclude the Board from employing a Director as an employee of the
Association or preclude the contracting with a Director for the managemetlof the Development.
5.7 The offices of Secretary and Treasurer may be held by the same person. No person shall
simultaneously hold more than one (1) of any of the other offices.
5.8 A vacancy in any office may be filled by appointment by the Board. The officer appointed to
such vacancy shall serve for the remainder of the term of the office he replaces.
Section 6. Accountin!! Records: Fiscal Mana!!ement
6.1 The Association shall maintain accounting records in accordance with generally accepted
accounting practices which shall be open to inspection by the Members or their authorized representatives at
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reasonable times and places within ten (10) days after receipt of a written request for access. Such
authorization as a representative of a Member must be in writing and signed by the Member giving such
authorization and dated within sixty (60) days of the date of any such inspection.
6.2 (a) The Board shall adopt a budget for estimated revenues and expenses for each
forthcoming fiscal year and the estimated surplus or deficit as of the end of the current year, the date of the
Budget Meeting to adopt the budget to be determined by the Board. Prior to the Budget Meeting, a proposed
Budget shall be prepared by or on behalf of the Board for the Development, which shall include, but not
necessarily be limited to, the following items of expense:
(1) Services
(2) Utilities
(3) Administration
(4) Supplies and Materials
(5) Insurance
(6) Repairs, Replacement and Maintenance
(7) Professional Fees
(8) Reserve Funds
(9) Operating Capital
(10) Other Expenses
In addition to the foregoing items of expense, the Budget(s) may include taxes, if the
Board so determines.
Copies of the proposed Budget and notice of the exact time and place of the Budget Meeting
shall be mailed to each member at the Member's last known address, as reflected on the books and records of
the Association, not less than thirty (3 0) days prior to said Budget Meeting. The Budget Meeting shall be open
to the Members. The meeting may be held anywhere in Seminole County, Florida as determined by the Board.
(b) The Board may also include in such proposed Budgets, either annually, or from time
to time as the Board shall determine to be necessary, a sum of money as an Assessment for the making of
betterment to the Development and for anticipated expenses of the Association which are not anticipated to be
incurred on a regular or annual basis. This sum of money so fixed may then be levied upon the members by
the Board as Special Assessment. In addition, the Board shall, subject to the Declaration, include on an annual
basis the establishment of reserve accounts for capital expenditures and deferred maintenance of the
Development.
(c) In administering the finances of the Association, the following procedures shall
govern: (i) the fiscal year shall be the calendar year, unless a different fiscal year is adopted by the Board; (ii)
any income received by the Association in any calendar year may be used by the Association to pay expenses
incurred by the Association in the same calendar year; (iii) there shall be apportioned between calendar years
on a pro rata basis any expenses which are prepaid in anyone calendar year for Common Expenses which
cover more than such calendar year; (iv) Assessments shall be made annually in amounts no less than are
required to provide funds in advance for payment of all of the anticipated current expenses and for all unpaid
expenses previously incurred; and (v) Common Expenses incurred in a calendar year shall be charged against
income for the same calendar year regardless of when the bill for such Common Expenses is received.
Notwithstanding the foregoing, Assessments shall be of sufficient magnitude to insure an adequacy and
availability of cash to meet all budgeted expem~s and anticipated cash needs in any calendar year.
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8
(d) The depository of funds of the Association shall be such bank or banks as shall be
designated from time to time by the Board in which the monies of the Association shall be deposited.
Withdrawal of monies from such account shall be only by checks signed by such persons as are authorized by
the Board.
(e) A review of the accounts of the Association shall be made annually by an auditor,
accountant, or Certified Public Accountant designated by the Board, and a copy of a report of such audit shall
be furnished to each Director no later than the first day of April of the year following the year foohich the
report is made. The report shall be deemed to be furnished to the Director upon its delivery or mailing to the
Director at his last known address as shown on the books and records of the Association.
(f) No Board shall be required to anticipate revenue from Assessments or expend funds to
pay for Common Expenses not included in the Budget or which shil exceed budgeted items, and no Board
shall be required to engage in deficit spending. Should there exist any deficiency which results form there
being greater Common Expenses than income from Assessments, then such deficits shall be carried into the
next succeeding year's Budget as a deficiency or shall be the subject of a Special Assessmentto be levied by
the Board as otherwise provided in the Declaration.
(g) The Association shall prepare an annual financial report within sixty (60) days after
the close of the fiscal year. The Association shall, within ten (10) days after receipt of a written request for
access, provide each memberwith a copy of the annual financial report or a written notice that a copy of the
financial report is available upon request at no charge to the member. The financial report must consist of
either (i) financial statements presented in conformity with general accepted accounting principals; or (ii) a
financial report of actual receipts and expenditures, cash basis, which must show: the amount of receipts and
expenditures by classification, and the beginning and ending cash balances of the Association.
6.3 The Association shall collect Annual Assessments and Special Assessments from the Owners
in the manner set forth in tm Declaration, the Articles, and these ByLaws.
6.4 As more fully described in the Declaration, each Member is obligated to pay to the Association
Annual and Special Assessments which are secured by a continuing lien upon the property against which the
assessment is made, and which are the personal obligation of the Member.
6.5 The fiscal year of the Association shall begin on the first day of January and end on the 31 st
day of December of every year, except that the first fiscal year shall begin on theme of incorporation.
Section 7. Rules and Re!!ulations.
The Board may adopt Rules and Regulations, or amend or rescind existing Rules and Regulations, for
the operation and the use of the Development at any meeting of the Board; provided, however, that such Rules
and Regulations are not inconsistent with the Declaration, the Articles, or these B3Laws.
Section 8. Amendment of the Bv-Laws.
8.1 These By-Laws may be amended by a majority vote of the Members present at an Annual
Members Meeting or a special meeting of the Members and the affirmative approval of a majority of the Board
at a regular or special meeting of the Board. A copy of the proposed amendment shall be sent to each Member
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9
along with the notice of the special meeting of the Members or Annual Members Meeting. An amendment
may be approved at the same meeting of the Board and/or the Members at which such amendment is proposed.
8.2 An amendment may be proposed by either the Board or by the Members, and after being
proposed and approved by one of such bodies, it must be approved by the other as above set forth in order to
become enacted as an amendment.
8.3 No modification or amendment to these By-Laws shall be adopted which would affect or
impair the priority of any Preferred Lender as that term is defined in the Declaration ,the validity of the
mortgage held by any such Preferred Lender as that term is defined in the Declaration, or any of the rights of
the Declarant.
8.4 As long as there is a Class B membership, as that term is defined in the Declaration, no
modification or amendment to these By-Laws shall be adopted without the prior consent of the Federal
Housing Administration and the Veterans Administration.
Section 9. Corporate SeaL
The Association shall have a seal in a circular form having within its circumference the words: THE
LANDINGS AT P ARKSTONE OWNERS ASSOCIATION, INC., a Florida corporation not-for-profit 2004.
THE LANDINGS AT PARKS TONE OWNERS
ASSOCIATION, INe., a Florida corporation not-for-profit
~
B. .
Prm No. ~ r
As itS: \ e.
::esivL/*
Print Name: L<.:) ; \\ l CLM ~ ')
As its:!f P n~lLV~Y
(CORPORATE SEAL)
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10
THIS INSTRUMENT PREPARED BY:
NAME "' T e 5> S e. [(.} t'-Cl.{,J\i.l. H-'I s:~,.
ADDR. ;3fa q ,(/. A!l?t..U if) r J... fh'l:{/lLd_
ill.lra HoIJ(. liJu.t'1-er f'Ctrl;J=t 3.~ 7ft;'!
fIlMy.. ~, Qt:RK iJ" CIRCUIT cwn
SEMINtU COOO'y
BK 05877 PG 1408
CLE RK' S =I c'.005147158
RtmfUlt."D 081~~ 09:55:37 AM
REClIklllNa f-tt:S 10..00
~QO"lJf-:D BY t hold."
JOINDER AND CONSENT TO DEDIC A TION
The undersigned hereby certifies that it is the holder of a mortgage, lien or other
encumbrance upon the above described property, and that the undersigned hereby joins in and
consents to the dedication of the lands described above by the owner thereof, and agrees that its
mortgage, lien or other encumbrance, which is recorded in Official Records Book 5526, Page
845, Public Records of Seminole County, Florida, shall be subordinated to the dedication set
forth on the Plat of Landings at Parkstone, as recorded in Plat Book ~, Page5-B , Public
Records of Seminole County, Florida.
STATEOF~
COUNTY OF 6J ~
This is to certify that on this ~ay of /1 b . 2005, before me, an officer duly
ai. a !boozed ~OWledgments in the tate ~ af?resaid, personall~. ap.p. eared
, ~ and , respectIvely, as
and orrIson Homes, Inc.,
a Delaware corporation on behalf of the company, personally known to me, or wh() produced
t2<as identification_ '
~ VP~~~
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Notary Seal: ~ ~
CHERYL A LONG
~ MY COMMISSIO~ # DD3942SS otary PUbl# .
~ EXPIRES: Aprill8. 2009
1-IOI).J.NOTAIlY PI. ~ ~l AIooc. Co.
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J:\CUENTS\Morrison HQmes\.'i667-635 Landings at Parhtonc\Joinder and consent to plat. Morrison.doc
MORRISON HOMES, INC., a Delaware
corporation
By ~~
Pri~t Name: fl?4,,~l ~4. ",(AOA.OO
As ItS: , I I') / ~
v. /', CI~TI-.s
Attest:
By:
Print ame: 741/(. 11.tJL.I.),,.)
As its: V. p. -{,,4~ 0
{CORPORATE SEAL}
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THIS INSTRUMENT PREPARED BY: MARyANtt: ..ti, l1.ERK f.F CIRCUIT CWRT
i"': r; /' -..... L ~' - S€MINtJlE t.;(lt(fy
NAME di'SSG C:. DI~'AlV' ~ .
BK 05877 P6 1409
AD DR. 3~9 tJ Ale,,} Vt(~ A li't'v1.Ue.. CLERK'S =II ,'005147159
. I Vcl ~'(" LA~("~~~-% H .3/1~) RECORDED 0812612005 09155137 AM
"f1A...\;'i I I RECORDINB FEES 10.00
JOINDER AND CONSENT TO DEDI~y t holdtn
The undersigned hereby certifies that it is the holder of a mortgage, lien or other
encumbrance upon the above described property, and that the undersigned hereby joins in and
consents to the dedication of the lands described above by the owner thereof, and agrees that its
mortgage, lien or other encumbrance, which is recorded in Official Records Book 5512, Page
0008, Public Records of Seminole County, Florida, shall be sUbordinaZsto the dedication set
forth on the Plat of Landings at Parkstone, as recorded in Plat Book , Page&' - 8 , Public
Records of Seminole County, Florida.
PEOP~E~~~~Z__ IT -BANKJl_
By: ({ft-U<O-<A K(rcY>ff"' ,
Pri~t Name: N9~N p, . I.-lU"--'-PSCiN .1~ .
As ItS: ~{;:S\t::.: . ~
Pri(]J;P~ rh~as
Print Name: 0 _ .pA-LE~(Yl.,O
Attest:
By: ahUatru ---rrc j(jj (]}U
Print Name: ~hn5hiu IV( F'CU6'{LR.
As its: f,15~/J,J al)~ V Jlj P(tJ/dfaf
{CORPORATE SEAL}
STATE OF rlov.-.-JCt
COUNTY OF ~I MI-c.
This is to certify that on this ~ day of J/) '1 ' 2005, be~ore me, an officer duly
authorized to take acknowledgments In the State and County aforesaid, personally appeared
NOVMJHl p ~m1p5on and ~t(s~ f1 {4.tor-_, respectively,. as
tl t---G\ PV...tSI dJ..^ and __ I _^_ tlC( -.r&:lt4f Peoples First
Community Bank on behalf of the company, p~rsonally known to ~e, or who produced
as identification.
eve .. MICHELE THOMAS
~ NoIIry PubIc . StItt of FIorldI
~ . ,., CommIIIlon ExpIres Jul18, 2009
ColM'-I'OO410402
...... NIIIlN ~.
J:\CLlENTS\Morrison Homes\5667-635 Landings at Parkstone\Joinder and ca15enl to plat. People's.doc 1