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HomeMy WebLinkAbout2002 03 25 Consent N Amend Declaration of Covenant, Conditions and Restrictions COMMISSION AGENDA ITEM N Consent X Informational Public ~earing Regular March 25.2002 Meeting (J---' /JfMA )/4 ()~ Mgr. / Au. / Dept. REQUEST: The City Attorney is presenting a request by the Georgetowne Homeowners Association, Inc., seeking approval to amend its Declaration of Covenants, Conditions and Restrictions ("DCCR's") for Georgetowne Unit II. PURPOSE: To approve an amendment to the DCCR's of Georgetown Unit II. APPLICABLE LAW AND PUBLIC POLICY: 1. Chapter 720, Florida Statutes permits a Homeowners Association to amend its DCCR's. 2. Georgetowne Unit II DCCR's, Article III, Section 1, requires that the City approve amendments to the Unit II DCCR's prior to recording with the Clerk of the Court. CONSIDERA TIONS: 1. The Georgetowne Homeowners Association, Inc. consists of three separate units, each with substantially similar DCCR's. Page 1 of 2 2. Approval by two-thirds (2/3) of the members of the Association is required to amend the DCCR's. 3. The DCCR's, however, are inconsistent with respect to the City's role in amending the DCCR's after two-thirds (2/3) of the members approve the amendment. Unit III DCCR's can be amended only by providing written notice to the City. Unit I DCCR's can be amended without notice or approval by the City. Unit II DCCR's can only be amended with prior City Approval. 4. According to Ms. Debby Weage, the required number of member signatures (2/3) have been obtained to amend the DCCR's. As such, Units I and III have been amended and the amendment of Unit II is pending, awaiting City approval. 5. Approval of the proposed DCCR amendment would make the DCCR's for Units I, II, and III consistent by removing the City's role in future DCCR amendments and approving the new vehicle and repair restrictions. STAFF RECOMMENDATION: City Staff recommends approval. Upon approval, the City Clerk shall send the Georgetowne Homeowners Association a letter confirming approval. ATTACHMENT: 1. January 11, 2002, letter from Debby Weage, Community Association Manager of Georgetowne Homeowners Association, Inc. 2. Proposed Amendment to DCCR's. COMMISSION ACTION: Page 2 of 2 GEORGETOWNE HOMEOWNERS ASSOCIATION, INC. c/o E PM Services P.O. Box 915322, Longwood, FL 32791-5322 (407) 327-5824 January 11, 2002 Debbie Gillespie, Deputy City Clerk City of Winter Springs 1126 E. SR 434 Winter Springs, FL 32708 Re: Georgetowne Amendment to Declaration Dear Debbie: This will follow up on our telephone conversation of this afternoon. Georgetowne is a community in Tuscawilla, and consists of three units established under three sets of documents. As stated in our conversation, the deed restrictions for Georgetowne Unit II require City approval of amendments to its Declaration of Covenants, Conditions and Restrictions. That requirement is found in Article III of the Supplemental Declaration for Unit II. Unit III is simply required to give the City notice of an amendment for it to be effective. The documents of Unit I do not address the issue. The Association is currently working on passage of an amendment that relates to parking. ) ., It also removes the requirement of City approval of any amendment relating to Unit II, to bring it in line with the provisions relating t~ Units I and III, which do not require City [ approval. _. .' 0. / Attached please find: · Proposed amendment. · Copies of existing documents. The Association has obtained the required member signatures on the pro prosed amendment, and all that is needed for that amendment to become effective is: 1. Approval by the City of Winter Springs, Florida, 2. Recording the amendment in the Public Records, with the City's approval attached. Copies of the member signature sheets have not been enclosed, as there are almost 100 pages. If you need copies, please let me know and they will be provided. Please present this proposed amendment to the City for its approval, and forward a letter of confirmation of approval, or certified copy of minutes of the meeting wherein approval was granted, so that it can be recorded with the Amendment document. Thank you for your help. If you require any additional information, or have any questions, please contact me at (407) 327-5824. Sincerely, By: ECTORS E HOMEOWNERS ASSOCIATION, INC. "VEHICLES AND REPAIR" AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEORGETOWNE, UNIT I; SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEORGETOWNE, UNIT II; SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FORGEORGETOWNE UNIT III KNOW ALL MEN BY THESE PRESENTS, that this Amendment to Article XI, Section 8 of the Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit J; Article 1, Section 8 of the Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit II; and Article I, Section 8 of the Supplemental Declaration of Covenants, Conditions and Restrictions For Georgetowne Unit III, made this day of , 2002, by the members of GEORGETOWNE HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as Association, WITNESSETH: WHEREAS, the Association was incorporated within the State of Florida, by the filing of Articles of Incorporation which were filed with the Secretary of State on April 16, 1987; and WHEREAS, the Association was established to provide for maintenance, preservation and architectural control of the residential lots and common area within the Georgetowne community, and to promote the health,.safety and welfare of the members of the Association; and WHEREAS, the initial Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit I was filed March 25, 1987, in Official Records Book 1830, pages 1485 through 1502 of the Public Records of Seminole County, Florida; and Prepared by : Anthony Gargamese, Esq., 705 Barrington Circle, Winter Springs, FL 32708 Return to: Georgetowne Homeowners' Association, Inc., c/o EPM Services P. O. Box 915322, Longwood, FL 32791-5322 WHEREAS, paragraph 4 of the First Amendment to Declaration of Covenants, Conditions and Restrictions For Georgetowne, Unit 1, recorded September 29, 1987 in Official Record Book 1891, pages 236-240 of the Public Records of Seminole County provides that the Declaration may be amended within the first 20 years from the time the Declaration was filed, by an instrument signed by not less that sixty-six and two-thirds percent (66-2/3%) of the members of the Association; and WHEREAS, a Second Amendment to Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit I was recorded March 10, 1989 in Official Records Book 2049, pages 277 through 279 of the Public Records of Seminole County, Florida; and WHEREAS, a Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit II was filed January 13, 1993 and recorded in Official Records Book 2532, pages 1239-1244 of the Public Records of Seminole County, Florida; and WHEREAS, said Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit II under Article III, Section 1, provides that the Supplemental Declaration may be amended within the first 20 years from the time it was filed, by an instrument signed by not less that sixty-six and two-thirds percent (66-2/3%) of the members of the Association; and WHEREAS, a Third Amendment to Declaration of Covenants, Conditions and Restrictions for Georgetowne Unit I and First Amendment to Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne Unit II was recorded September 13, 1993 in Official Records Book 2645, pages 553-555, Public Records of Seminole County, Florida; and WHEREAS, a Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne Unit III was filed October 29, 1993 in Official Records Book 2670, pages 203- 208 of the Public Records of Seminole County, Florida; and WHEREAS, said Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit III under Article III, Section 1, provides that the Supplemental Declaration may be amended within the first 20 years from the time it was filed, by an instrument signed by not less that sixty-six and two-thirds percent (66-213%) of the members of the Association; and WHEREAS, a Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Georgetowne Unit I and First Amendment to Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne Unit III was recorded February 2, 1994, in Official Records Book 2722, pages 1580-1581, Public Records of Seminole County, Florida; and WHEREAS, Georgetowne Units I, II and III include a total of 229 lots; and WHEREAS, two-thirds or 662/3% of 229 lots equals 153 lots; and WHEREAS, the owners of record of at least 153 lots have consented in writing to this Amendment, and their signatures are attached hereto and made a part hereof; and WHEREAS, written notice of this Amendment has been sent to the City of Winter Springs, Florida the day of ,2002, by way of sending a copy of this signed document to City Hall, Winter Springs, Florida; and NOW, THEREFORE, the Declaration, as previously amended, and Supplemental Declarations, as previously amended, shall be and are hereby modified and amended as follows: ONE: The existing Article XI, Section 8 of the Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit I; and Article I, Section 8 of the Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit II; and Article I, Section 8 of the Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne Unit III; are hereby deleted. TWO: The following covenant, condition and restriction is adopted in lieu of the deleted covenant, condition, and restriction, and the following Section 8 shall apply to all Lots and Improved Lots in Georgetowne Units I, II, and III: Section 8. Vehicles and Repair. Detail Provision are hereinafter defined. a. No truck, bus, trailer, or other "commercial vehicle" (as that term is hereafter defined) and no mobile home, motor home, house trailer, camper, van, boat, boat trailer, other type detached trailer, or other recreational vehicle or the like shall be permitted to be parked or stored on or adjacent to any Improved Lot unless the same shall be parked or stored entirely within and fully enclosed by a garage; nor shall any such commercial or recreational vehicle or the like be permitted to be parked or stored on any street in front of or adjacent to an Improved Lot or common area. .Notwithstanding the foregoing, however, it is expressly provided that recreational and commercial vehicles shall be permitted to park on, in front of, or adjacent to Improved Lots on which bona fide ongoing construction activity is taking place; nor shall the foregoing provisions of this subparagraph (a) apply to parking on "a temporary or short-term basis" (as that term is hereinafter defined). b. No passenger automobile, commercial, recreational or other motorized vehicle, or the like, shall be dismantled, abandoned, serviced, rebuilt, repaired, and/or repainted on an Improved Lot. No passenger automobile, commercial, recreational or other motorized vehicle, or the like shall be parked or stored without a valid license plate on any Improved Lot. No inoperative automobiles, trucks, trailers, or other types of vehicles shall be allowed to remain either on or adjacent to any Improved Lot or Common Area for a period in excess of forty-eight (48) hours. Notwithstanding the foregoing provisions of this subparagraph (b), however, it is expressly provided that the foregoing restriction shall not be deemed to prevent or prohibit those activities normally associated with and incident to the day-to-day maintenance, washing, waxing or polishing of such vehicles, and minor repairs such as changing a vehicle's tire, air filter and similar type repairs. Oil changes are permitted inside a garage. c. No motorcycle, motor scooter, moped, A lV (all terrain vehicle) or other two- wheeled, three-wheeled or four-wheeled motorized vehicle, or the like, shall be permitted to be parked or stored on an Improved Lot unless the same shall be parked or stored within and fully enclosed by a garage. d. No passenger automobile, commercial, recreational or other motorized vehicle, or the like shall be parked on any grass turfed area, nor be parked other than parallel to the side edges of the driveway of an Improved Lot. e. In the context of this section 8, parking on "a temporary or short-term basis" shall mean and be defined as parking, on a non-recurring basis and for a single period not exceeding twenty-four (24) hours in duration, or commercial or recreational vehicles belonging to guests of Owners, commercial vehicles used in connection with the furnishing of services and/or the routine pick-up and delivery respectively, of materials from and to Improved Lots (including those commercial vehicles used in connection with any bona fide current on-going construction of Improvements on Improved Lots) and commercial or recreational vehicles belonging to or being used by Owners for loading and unloading purposes only. f. In the context of section 8, the term "commercial vehicle" shall mean and be defined as a truck, motor home, bus or van of greater than three-quarter (3/4) ton capacity and any vehicle, including passenger automobile, with a sign displayed on . any part thereof advertising any kind of business or on or within which any commercial materials and/or tools are visible. g. The Association shall be entitled and is hereby empowered to remedy any violation of these provisions, including removing the offending vehicle. Entrance on an Improved Lot to remedy a provision shall not be considered trespassing. The Association is also hereby empowered to seek any remedy pursuant to Florida Law for each violation of these provisions. The Association is hereby granted a right-of- entry onto any Improved Lot to remedy any violation of this section, after the Owners or tenants of the Improved Lot have been provided notice of the violation and given a reasonable opportunity to correct the violation. THREE: The following portion of the covenant, condition, and restrictions of the Second Amendment to Supplemental Declaration of Covenants, Conditions, and Restrictions for Georgetowne Unit" as stated and stricken below is hereby deleted in its entirety. ARTICLE III - GENERAL PROVISIONS SECTION 1. Amendment. The Declarant reserves and shall have the sole right (a) to amend this Supplemental Declaration with respect to Lots still owned by it at the time of the amendment, but all such amendments shall conform to the general purposes and standards of the covenants and restrictions herein contained; (b) to further amend this Supplemental Declaration for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein; (c) to include in any contract or deed or other instrument hereafter made additional covenants and restrictions applicable to any Lot which do not lower the standards of the covenants and restrictions herein contained; and (d) to release any Lot from any part of the covenants and restrictions which have been violated (including, without limiting the foregoing, violations of building restriction lines and provisions hereof relating thereto) if the Declarant or the Association in its judgment, determines such violation to be a minor insubstantial violation. This Supplement Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than sixty-six and two-thirds percent (66 2/3%) of both classes of members, and thereafter by an instrument signed by not less than sixty percent (60%) of the members. Any amendment must h:l':e prior approval of the City of '.f\Jinter Springs, Florida and must be recorded in the Public Records of Seminole County, Florida. The City of Winter Springs is a third party beneficiary with the right to legally enforce these documents or any part or provisions thereof. Nothing contained herein permits or authorizes any violations or deviations from the City Code, City of Winter Springs, Florida. FOUR: In all other respects the Declaration of Covenants, Conditions and Restrictions, as amended from time to time, and the Supplemental Amendments to said Declaration, as amended from time to time, shall remain in full force and effect. IN WITNESS WHEREOF, the President and Secretary of the GEORGETOWNE HOMEOWNERS ASSOCIATION, INC. have affixed their hands and seals, and have caused these presents to be executed as required by law on this 200 . day of WITNESSES: GEORGETOWNE HOMEOWNERS ASSOCIATION, INC. By: Witness Signature President Printed Name Printed Name Address: Winter Springs, Florida 32708 Witness Signature Printed Name Attest: Secretary Printed Name Address: Winter Springs, Florida 32708 STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY certify that on this date before me personally appeared , as President, and ~ as Secretary of GEORGETOWNE HOMEOWNERS ASSOCIATION, INC., a Florida corporation, and who are personally known to me, and who executed the foregoing Amendment for the purposes therein mentioned. WITNESS my hand and seal in the County and State aforesaid this day of ,200_. Notary Public State of Florida At Large My Commission Expires: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 March 28,2002 Ms. Debby We age, LCAM Georgetowne Homeowners Association, Inc. c/o EPM Services Post Office Box 915322 Longwood, Florida 32791-5322 Dear Ms. Weage, This is to confirm that on Monday, March 25, 2002, the City Commission of the City of Winter Springs approved the request from the Georgetowne Homeowners Association, Inc. to amend its Declaration of Covenants, Conditions and Restrictions ("DCCR's") for Georgetowne Unit II. Please feel free to contact me at (407) 327-5955 should you have any questions or concerns. Sincerely, ~~1L=S Andrea Lorenzo-Luaces, CMC City Clerk COPY: Mr. Ronald W. McLemore, City Manager Mr. Anthony A. Garganese, City Attorney DOCS/cilyclcrklcorrcspondence/2002/0331.doc