HomeMy WebLinkAboutArrowhead at Tuscawilla Unit 1
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816612
SH1INOU:. COUNT Y. t- L.
RECORDED & VERIFIED
96 MAR I 3 AM": '5
HARYAHHE HORSE ~
CLERK OF CIRCUIT COURT
DECLARATION OF COVENANTS, CONDITIONS
RESTRICTIONS, EASEMENTS AND RESERVATIONS
FOR
ARROWHEAD AT TUSCAWILLA-UNIT I
THIS DECLARATION is made and executed as of March 13, 1996, by TUSCAWILLA LAND COMPANY,
a Florida corporation (referred to as "Developer"), and is joined in by FLORIDA COUNTRY CLUBS, INC., a Florida
corporation (referred to as "Club Owner" and collectively with the Developer referred to as the "Declarants"), which
is the fee title owner of the Subject Property, hereinafter defined.
WITNESSETH:
WHEREAS, Developer is the developer of and Club Owner is the record owner of fee simple title to certain
real property (referred to as the "Subject Property") situate in Seminole County, Florida, which is all land included
within the plat of "Arrowhead at Tuscawilla-Unit I", to be recorded in Plat Book 50, PageL\.2.-~ Q of the Official
Records of Seminole County, Florida.
WHEREAS, Declarants intend that the Subject Property be subdivided, developed, improved, occupied,
used and enjoyed as an exclusive, unique and attractive single family residential community of the highest quality
known as "Arrowhead at Tuscawilla-Unit I", containing nineteen (19) Lots, which shall be subject to these
covenants, conditions, restrictions, easements and reservations, pursuant to a uniform plan of development with
consistently high architectural, ecological, environmental and aesthetic standards so as to create a unique,
pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality of life
for all residents of and visitors to Arrowhead at Tuscawilla-Unit I and to provide for the preservation and
enhancement of the quality and character of the Tuscawilla Country Club which abuts the Subject Property.
WHEREAS, Developer also has developed or contemplates development of additional neighborhoods with
comparable quality lots, which also are or will be known as "Arrowhead at Tuscawilla", but designated as Units
2, 3, 4 or 5. Such other neighborhoods share a common name and quality standards with Arrowhead, but have
completely separate associations, with assessment authority with separate common properties. It is intended that
the neighborhoods with the common name of "Arrowhead at Tuscawilla" and their associations will work together
to enhance their overall community.
WHEREAS, the Subject Property is not currently contemplated by the Developer to have Common
Property as the term is defined herein, and this Declaration contains references to powers and grants authority
to the Association for matters which may never be required such as authority concerning Common Property.
However, it is deemed advisable to create the mechanism to administer such matters if ever needed.
NOW THEREFORE, for and in consideration of the premises hereof, Declarants do hereby declare that
the Subject Property shall be and is hereby encumbered by and made subject to those covenants, conditions, . oJ
restrictions, easements and reservations hereinafter set forth. ::> co
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For the purposes of this Declaration, the following terms shall have the following definitions and meanin!8
ARTICLE 1
DEFINITIONS
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1.1 "ARB" shall mean the Architectural Review Board created and established by and pursuant to t~
Declaration which is responsible for the review and approval of all plans, specifications and other materials
describing or depicting improvements proposed to be constructed on the Subject Property.
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1.2 "Arrowhead" and "Arrowhead at Tuscawilla" shall mean Arrowhead at Tuscawilla-Unit I, the
single family residential community planned for and developed on the Subject Property as reflected on the plat
recorded or to be recorded in the Official Records of the County.
1.3 "Assessment" shall mean any assessment of an Owner and a Lot by the Association for Common
Expenses and other items pursuant to, in accordance with and for the purposes specified in this Declaration.
1.4 "Association" shall mean "Arrowhead at Tuscawilla-Unit I Property Owners Association, Inc.",
a corporation not-for-profit organized and existing under the laws of the State of Florida.
1.5 "Board" shall mean the Board of Directors of the Association.
1.6 "City" shall mean the City of Winter Springs, a political subdivision of the State of Florida,
specifically including each and all of its departments and agencies.
1.7 "Club" shall mean Tuscawilla Country Club, and such properties, improvements and related
amenities as may now or hereinafter be constructed, acquired or made part of the Club.
1.8 "Club Owner" shall mean Florida Country Clubs, Inc., a Florida corporation, its successors and
assigns, and such other entities or persons that may now or hereinafter own or acquire the Club.
1.9 "Common Expenses" shall mean those costs and expenses of the Association more particularly
identified and described in this Declaration. :_.J
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1.10 "Common Property" shall mean all real and personal property from time to time owne~by.~
Association for the common use, enjoyment and benefit of all Owners. ;::f G)
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1.11 "County" shall mean Seminole County, a political subdivision of the State of Florida, sp~ltically
including each and all of its departments and agencies. fT1
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1.12 "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, Easeme~ afi8>
Reservations for Arrowhead at Tuscawilla-Unit I and all amendments thereto and modifications thereof as are fram
time to time recorded among the Official Records of the County. 0:>
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1.13 "Design Standards" shall mean those architectural and landscape design standards,
specifications and other criteria adopted, promulgated and published by the ARB to be used as the standard for
determining compliance with this Declaration and the acceptability of those components of buildings, structures,
landscaping and all other improvements, constructed, erected, placed or installed upon the Subject Property as
more particularly provided in this Declaration.
1.14 "Developer" shall mean Tuscawilla Land Company, a Florida corporation, together with its
successors, legal representatives, grantees and assigns, including the purchaser of its interest at a foreclosure
sale.
1.15 "Governmental Regulations" shall mean all applicable laws, statutes, codes, ordinances, rules,
regulations, limitations, restrictions, orders, judgments or other requirements of any governmental authority having
jurisdiction over the Subject Property or any Improvements constructed or located thereon.
1.16 "Improvements" shall mean any buildings, outbuildings, structures, driveways, walkways,
swimming pools, patios, decks, fences, walls, landscaping, and any and all other appurtenances, facilities and
improvements of any kind, nature or description constructed, erected, placed, installed or located on the Subject
Property and any replacements thereof and all additions or alterations thereto.
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1.17 "Institutional Lender" shall mean (a) any state or Federal savings bank, commercial bank or
savings and loan association, any real estate investment trust, any insurance company, any mortgage banking
company, any mortgage company, any pension and/or profit sharing plan or any other lending or investing
institution generally and customarily recognized as being engaged, in the ordinary course of its business, in
making, holding, insuring or guaranteeing first lien priority real estate mortgage loans, and (b) the Developer, to
the extent that Developer shall hold a mortgage upon any portion of the Subject Property, and all successors,
assigns, assignees and transferees of Developer who shall own or hold any mortgage upon the Subject Property
or any portion thereof which was originally executed and delivered to and owned and held by Developer.
1.18 "Lot" shall mean a separate single family residential building site within the Subject Property as
the same is subdivided and described pursuant to and in accordance with the Plat and shall include any
Improvements from time to time constructed, erected, placed, installed or located thereon.
1.19 "Maintenance" shall include, but shall not be limited to, care, cleaning, painting, structural upkeep,
restoration and replacement in connection with all Common Property, sidewalks, right-of-way and similar facilities.
1.20 "Owner" shall mean one or more persons or entities who or which are alone or collectively the
records owner of fee simple title to any Lot, including the Developer, but excluding those having an interest in any
such Lot, merely as security for the payment of a debt or the performance of an obligation.
1.21 "Plat" shall mean the Plat of Arrowhead at Tuscawilla-Unit I, as recorded or to be recorded in the
Official Records of the County, together with easement plats for off-site detention of storm water.
1.22 "Surface Water Management System" shall mean all land, easements and other facilities wb.12h
together comprise the master surface water and drainage system for Arrowhead as reflected on the plansdcr s~
system on file with the City and approved by the City and the S1. John's River Water Management DistR~1. . t .
a system which is designed and constructed or implemented to control discharges which are necessitjed y
rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water t~event
or reduce flooding, overdrainage. environmental degradation and water pollution or otherwise affect the qaantity
and quality of discharges. g _
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1.23 "Turnover" shall mean the transfer of operation of the Association by the Developer as pfBvid.cd'
in this Declaration. . \.0
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ARTICLE 2
PURPOSES
2.1 The covenants, conditions, restrictions, easements and reservations set forth in the Declaration
are hereby imposed for the following purposes; to wit:
2.2 To establish Arrowhead as a premier single family residential community;
2.2.1 To create, develop, foster, maintain, preserve and protect within Arrowhead a unique,
pleasant, attractive and harmonious physical environment which will contribute to and enhance the quality
of life for all residents of and visitors to Arrowhead;
2.2.2 To maintain those portions of the Subject Property which are wooded predominantly in
its wooded condition;
2.2.3 To ensure that the development of Arrowhead will proceed pursuant to a uniform plan of
development with consistently high architectural, environmental, ecological and aesthetic standards;
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2.2.4 To ensure the proper and appropriate subdivision, development, improvement,
occupation, use and enjoyment of each Lot within Arrowhead;
2.2.5 To protect each Lot against the improper, undesirable, unattractive, or inappropriate
subdivision, development, improvement, occupation, use and enjoyment of contiguous, adjacent or
neighboring Lots;
2.2.6 To encourage the development, construction, maintenance and preservation of
architecturally and aesthetically attractive and harmonious Improvements on each Lot;
2.2.7 To guard against the development and construction of improper, undesirable, unattractive
and inappropriate Improvements;
2.2.8 To provide for the future ownership, management, administration, improvement, care,
maintenance, use, regulation, preservation and protection of all Common Property (if any) and to provide
for and assure the availability of the funds required therefor;
2.2.9 To provide for the establishment, maintenance, preservation, protection and
enhancement of consistently high property values within Arrowhead;
2.2.10 To accomplish, meet, satisfy and fulfill certain Governmental Regulations and other
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governmental requirements; and (.f) C:>
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2.2.11 To provide Developer with effective control over the development, mana&JlI~
administration, care, maintenance, use, appearance, marketing and sale of and the construction of
Improvements for so long as Developer shall own substantial portions of the Subject Property. f2
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3.1 Covenants Runnina with Land. This Declaration and each and every one of the covenants,
conditions, easements, restrictions and reservations contained herein are hereby declared to be and shall hereafter
continue as, covenants running with the title to the Subject Property.
ARTICLE 3
EFFECT OF DECLARATION
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3.2 Property Affected. This Declaration and the covenants, conditions, restrictions, easements and
reservations set forth herein shall be binding upon, inure to the benefit of and constitute a burden upon all of the
Subject Property in accordance with the terms set forth herein. All Lots, pieces, parcels and tracts of land within
the Subject Property shall hereafter be owned, held, transferred, sold, conveyed, demised, devised, assigned,
leased, mortgaged, occupied, used and enjoyed subject to and benefitted and burdened by the terms and
provisions of this Declaration.
3.3 Parties Affected. Except as hereinafter specifically provided, this Declaration shall be binding
upon and inure to the benefit of all Owners, including the Developer and the Association, and all other persons
having or claiming any right, title or interest in such property. Accordingly, each and every person or party who
or which shall hereafter acquire, have or claim any right, title or interest in or to any Lot, parcel or tract of land
within the Subject Property, whether by, through or under the Developer or any subsequent Owner, shall, by virtue
of the acceptance of any such right, title, interest or claim, whether by deed or other instrument, or by operation
of law or otherwise, and whether voluntarily or involuntarily, be deemed to have acquired and accepted such right,
title, interest or claim subject to and benefitted and burdened by the covenants, conditions, restrictions, easements
and reservations set forth in and specifically joined in and agreed and consented to each and every one of the
terms and provisions of this Declaration and the same as if each and every one of the covenants, conditions,
easements, restrictions and reservations set forth in this Declaration had been fully set forth in the deed or any
other instrument of conveyance pursuant to which such right, title, interest or claim was acquired.
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ARTICLE 4
PROPERTY SUBJECT TO DECLARATION
4.1 Subiect Property. The property which shall be subject to, and encumbered, governed, benefitted
and burdened by this Declaration shall be all of the Subject Property.
4.2 Addition of Property. The Developer hereby reserves to itself and shall hereafter have the right,
but not the obligation, at any time and from time to time, in its sole and absolute discretion, and without notice to
or the approval of any party or person whomsoever or whatsoever, to impose this Declaration or a substantially
similar declaration upon additional property whether or not adjacent or contiguous, notwithstanding any right of
way, to the Subject Property, which is now or may hereafter be owned byeither Declarant, by the filing of an
appropriate instrument to that effect among the Official Records of the County.
4.3 Withdrawal of Property. The Developer hereby reserves unto itself and shall hereafter have the
right, at any time and from time to time, in its sole and absolute discretion, and without notice to or the approval
of any other person or party whomsoever or whatsoever, to withdraw any property, including portions of the
Subject Property, from the purview, operation and effect of this Declaration, including any property previously
subjected to and encumbered by this Declaration, which shall be owned by the Developer at the time of such
withdrawal, by the filing of an appropriate instrument to that effect among the Official Records of the County.
4.4 Menler. In the event of a merger or consolidation of the Association, with any other property
owners association or corporation (or similar organization) existing for a similar purpose as provided in its bylaws,
its properties, rights and obligations may be transferred to another surviving or consolidated property owW
association or corporation. Alternatively, the properties, rights and obligations of another property oW~~ji
association or corporation may, by operation of law, be added to the properties, rights and obligatio~ofJ..Re
Association, as a surviving corporation pursuant to a merger. The surviving or consolidated property;~w~
association or corporation may administer the covenants, con-conditions, restrictions, easements, reserWtions,
Assessments, terms and provisions established by this Declaration, together with the covenants and re~tions
established upon any other properties as one scheme. No such merger or consolidation, however, shall etmct any
revocation, change or addition to the covenants, conditions, restrictions, easements, reservations, Asses~ellts7
terms and provisions established by this Declaration with respect to any real property subject to this DeC4vat~
at the time of such merger or consolidation, except upon express amendment to this Declaration. : U1
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ARTICLE 5
USE CLASSIFICATIONS .. PERMITTED USES
5.1 Classifications of Subiect Property. All of the Subject Property shall be classified by category
of use as either Lots or Common Property.
5.2 Lots. Except as provided in this Declaration, the Subject Property (with the exception of the
Common Property) shall be improved as and used, occupied and enjoyed solely and exclusively for single family
residential dwelling purposes and no other uses or purposes whatsoever.
5.3 Common Property. Common Property (if any) shall be improved, maintained, used and enjoyed
for the common health, safety, welfare, benefit and convenience of all Owners and residents of Arrowhead and
their guests and invitees, subject to the easements created herein.
ARTICLE 6
USE RESTRICTIONS
The use, occupation and enjoyment of the Lots and Common Property shall be subject to and governed
by the following covenants, conditions and restrictions:
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6.1 Simile Family Only. Except as specifically provided in this Declaration, no use shall be made of
Lots or Common Property other than for single family residential dwelling purposes.
6.2 Ownership and Leasina. Ownership of Lots shall be for single family residential dwelling
purposes only.
6.3 Subdivision. No Lot shall be subdivided nor shall any portion of a Lot less than the whole thereof
be sold, conveyed or transferred without the prior written approval and consent of the Developer and the
Association. Nothing herein contained, however, shall prevent the subdivision of a Lot by the Developer in such
manner that any portion of a Lot may be sold, transferred and conveyed by the Developer, together with the whole
of an adjacent or contiguous Lot such that the whole of one Lot and a portion of another Lot which are owned in
common by the same Owner may be combined, developed and improved by such Owner as a single unified home
site. Once so combined, developed and improved as a single unified residential home site no such combination
of a Lot and a portion of another Lot or combination of two (2) or more Lots shall thereafter be resubdivided into
more than one (1) single family residential home site, without the consent of the Developer and Association. The
remaining portion of any Lot so divided shall either be added to the Lot contiguous to the other side of the divided
Lot, or may be treated as a separate Lot, but only if of sufficient size to be comparable to the other Lots, in the sole
discretion of the Developer.
6.4 Commercial Activity. Except as specifically provided in this Declaration, no businest,
commercial, industrial, trade, professional or other non-residential activity or use of any nature, type(~in~r
description shall be conducted upon or from any Lot or within any Improvements located or constructed tl;ierebii.
The Developer and its assignees shall be permitted to maintain model homes; provided, that, no sig~ f1~,
banners and like shall be permitted unless approved by the ARB, and if so approved, shall be removed Jnl!>mptly
at the request of the ARB; the interior and exterior of all model homes shall be kept clean and free of deJifis and
all landscaping and other site improvements shall be well maintained at all times; and no builder shallcuse ~
model home for any aspect of his business other than the selling and marketing of products in ArroWheacb
Developer (and any builder or party designated by Developer) is specifically permitted to maintain a re~st&\
sales office (or offices) for other real estate ventures unrelated to Arrowhead and a general administrative o~
in a model home on anyone or more of the Lots.
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6.5 Offensive Activitv. No illegal, noxious, unpleasant, unsightly or offensive activity shall be
carried on or conducted, upon or from any Lot nor shall anything be done thereon which may be or tend to become
or cause an unreasonable annoyance or nuisance, or which may be or tend to become an interference with the
comfortable and quiet use, occupation or enjoyment of any other Lot or the Club.
6.6 Animals and Pets. No animals of any kind shall be kept, bred or raised upon any Lot, except for
dogs, cats, birds or other usual and customary household pets which may be kept, raised and maintained upon
any Lot; provided that the same are not kept, raised or maintained thereon for business or commercial purposes
or in number deemed unreasonable by the Developer or the Association. Nor shall they constitute an
unreasonable annoyance, hazard, or nuisance in the vicinity or an unreasonable interference with the comfortable
and quiet use, occupation and enjoyment of other Lots or the Club. The following shall prima facia be considered
unreasonable: (i) numbers in excess of two (2) household pets (other than aquarium-kept fish); (ii) any poisonous
creature; or (iii) any reptile in excess of three (3) feet in length.
6.7 Commercial, Recreational and Other Vehicles.
6.7.1 No truck, bus, trailer or other "commercial vehicle" (as that term is hereinafter defined) and
no mobile home, motor home, house trailer, camper, van, boat, boat trailer, horse trailer or other
recreational vehicle or the like shall be permitted to be parked or stored on a Lot or Common Property
unless the same shall be parked or stored entirely within and fully enclosed by a garage; nor shall any
such commercial or recreational vehicle or the like be permitted to be parked or stored on any street in
front of or adjacent to a Lot. Notwithstanding the foregoing, however, commercial vehicles shall be
permitted to be parked on, in front of, or adjacent to a Lot on which bona fide ongoing construction activity
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is taking place; nor shall the foregoing provisions of this Section apply to parking on "a temporary or short-
term basis" (as that term is hereinafter defined).
6.7.2 Vehicles shall be parked in garages whenever possible with the door closed. Garages
spaces for vehicles shall not become permanent storage space for any other items. No passenger
automobile, commercial, recreational or other motorized vehicle, or the like, shall be dismantled,
abandoned, serviced, rebuilt, repaired, repainted, or parked or stored without a license plate on a Lot or
Common Property unless fully enclosed in a garage. Notwithstanding the foregoing provisions of this
Section, however, the foregoing restriction shall not be deemed to prevent or prohibit those activities
normally associated with the day-to-day maintenance, washing, waxing and polishing of such vehicles.
6.7.3 No motorcycle, motor scooter, moped, all terrain vehicle or other two-wheeled, three-
wheeled or four-wheeled motorized vehicle, including but not limited to golf carts or the like, shall be
permitted to be parked or stored on a Lot or the Common Property unless parked or stored entirely within
and fully enclosed by a garage.
6.7.4 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, of vehicles
belonging to guests of Owners, vehicles used in connection with the furnishing of services and/or \~
routine pick-up and delivery respectively, of materials from and to a Lot (including those vehicles used::iJ
connection with and bona fide current on-going construction of Improvements on a Lot), and ~'1icl~
belonging to or being used by Owners for loading and unloading purposes only (Le., such as ovifnigbO
packing or unpacking of a motorhome in connection with a vacation trip). 2i
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6.7.5 The term "commercial vehicle" shall mean and be defined as a truck, motor home,~s or
van of greater than three-quarter (3/4) ton capacity and any vehicle with a sign displayed on a~ parr
thereof advertising any kind of business of on or within which any commercial materials and/or to~ a~
visible. r v.>
6.7.6 The Association shall, subject to approval by the City, be entitled and ,is hereby
empowered to adopt additional reasonable rules and regulations governing the admission to and parking,
use and storage of commercial and recreational vehicles within Arrowhead, and if so adopted the same
shall be binding upon the Subject Property and all Owners and their guests and invitees.
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6.7.7 Any vehicle parked or stored in violation of these restrictions or in violation of any rules
and regulations adopted by the Association concerning the same may be towed away or otherwise
removed by or at the request of the Association and at the sole expense of the owner of such commercial,
recreational or other vehicle in violation of this Declaration. In the event of such towing or other removal,
the Association and its employees or agents shall not be liable or responsible to the owner of such vehicle
for trespass, conversion, or damage incurred as an incident to or for the cost of such removal or otherwise;
nor shall the Association, its employees or agents by guilty of any criminal act or have any civil liability by
reason of such towing or removal, and neither its towing or removal nor the failure of the owner of the
towed or removed vehicle to receive any notice of the violation of the provisions of this Section shall be
grounds for relief of any kind.
6.8 Maintenance. Each Lot and all Improvements, including landscaping, located thereon shall at all
times be kept and maintained in a safe, clean, wholesome and attractive condition shall not be allowed to
deteriorate, fall into disrepair or become unsafe or unsightly. In particular, no weeds, underbrush or other unsightly
growth and no trash, rubbish, refuse, debris or unsightly objects of any kind shall be permitted or allowed to
accumulate on a Lot or Common Property.
6.9 Reconstruction of Dama~ed Improvements. In the event that Improvements on a Lot or
Common Property shall be damaged or destroyed by casualty, hazard or other cause, including fire or windstorm,
then, within a reasonable period, not exceeding six (6) months following the occurrence of the offending incident,
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the Owner of the affected Lot shall cause the damaged or destroyed Improvements to be repaired, rebuilt or
reconstructed or to be removed and cleared from such Lot and Common Property.
6.10 Garbaae and Garbaae Containers. All garbage and trash containers and their storage areas
and the like shall be kept within a garage or placed inside of an enclosure approved by the ARB or behind opaque
walls attached to and made a part of the single family residential dwelling constructed on each Lot and otherwise
in conformity with applicable rules and regulations. In no event shall any of the same be visible from any adjacent
or neighboring property including the Club property. Further, all garbage and trash containers and their storage
areas shall be designed and maintained so as to prevent animals from gaining access thereto. All such containers
shall be put out for pickup and trash removal, and shall be removed from the street and placed back in their
storage areas the night of such pickup or removal.
6.11 Burnina. No burning of leaves, trash, rubbish, garbage or other waste materials of any type shall
be permitted or conducted on a Lot or Common Property. Nothing herein contained, however, shall be deemed
to prohibit the burning of wood, logs or charcoal in properly constructed or installed fireplaces, barbecue cookers
or the like, whether inside or outside of any building or other structure located on a Lot or Common Property.
6.12 Storaae Tanks. No storage tanks or structures, shall be permitted outside of a building on a Lot
or Common Property unless the same shall be placed inside of walls, fences or similar type enclosures in
conformity with applicable rules and regulations. In no event shall any of the same be visible from any adjacent
property, or the Club property. (/) l:::>
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6.13 Mineral Exploitation. No exploration, mining, quarrying, or drilling for or exploitation of ~s, ~P,
phosphate or other minerals of any type or kind shall be permitted or conducted on a Lot or Common P(Qperty.
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6.14 Laundrv and Clothes Drvina. No laundry or clothes drying lines or areas shall be pE\ffl1itted
outside of any building on a Lot or Common Property unless the same shall be placed inside of walls, fE?nc~
landscaping screens or similar type enclosures in conformity with applicable rules and regulations adopteO ae91
promulgated by the Association with respect thereto. I n no event shall any of the same be permitted if visit:Ae fro,f1-
any adjacent property or the Club property.
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6.15 Radio Transmission Eauipment. No radio, microwave or other electronic transmission
equipment shall be operated on a Lot or Common Property without the prior written consent of the Association.
Such consent, once given, may be revoked in the event that the operation of any such equipment interferes with
ordinary radio and television reception or equipment, within Arrowhead. No exterior radio or television mast, tower,
pole. wire, aerial, satellite receiving station or dish, antenna or appurtenances thereto. nor any other exterior
electronic equipment, structures or of any kind shall be installed or maintained on the exterior portion of any Lot
without prior approval of the ARB.
6.16 Sians. No sign of any kind shall be displayed to public view on a Lot or the Common Property
without the prior written consent of the ARB; except as follows: (a) one (1) discreet professionally prepared sign
not exceeding four (4) inches high and eighteen (18) inches long identifying the name of the Owner of a particular
Lot; (b) one (1) discreet, professionally prepared sign of not more than four (4) square feet placed on the street
side of a Lot identifying the architect and general contractor responsible. respectively, for the design and
construction of a dwelling under construction on a particular Lot (provided, however, that such sign is first approved
in writing by the ARB); and (c) one (1) discreet, professionally prepared "for sale" sign of not more than three (3)
square feet placed on the street side of a Lot (provided, however, that such sign is first approved in writing by the
ARB). Notwithstanding the foregoing provisions of this Section, the Developer specifically reserves the right, for
itself and its agents. employees, nominees and assigns the right, privilege and easement to construct, place and
maintain upon any Lot or the Common Property signs as it deems appropriate in connection with the development,
improvement, construction. marketing and sale of any Lot and improvements thereon (or with the approval of the
Developer for any other real estate venture or development). All signs shall comply with the City's codes and
requirements, including but not limited to obtaining applicable permits.
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6.17 Trees. No trees shall be removed from any Lot or the Common Property without the prior written
consent of the ARB; provided, however that such removal shall be in compliance with Governmental Regulations.
Such approval shall be reasonably given, however, if such removal is necessary in connection with the location
of the main residential dwelling on a particular Lot where the preservation of any tree would work a hardship or
require extraordinary design measures in connection with the location of such dwelling on the Lot and the plans
and specifications for and location of one dwelling on the Lot have been approved by the ARB. As used herein
the term "tree" shall mean and be defined as any tree equal to or greater than six (6) feet in height or two (2)
inches in diameter measured one foot above ground. Any tree(s) removed in violation of this provision shall be
immediately replaced with a tree of similar size, quality and type. In the event that any tree not permitted to be
removed hereunder or which is installed pursuant to this Declaration dies or is severely damaged, the Owner of
the Lot shall remove and replace the tree (with a tree of comparable size, quality and species) within thirty (30)
days following the death or damage.
6.18 Drainage. All storm water from any Lot shall drain into or onto contiguous or adjacent street rights-
of-way, drainage easements, or retention areas. Storm water from any Lot shall not be permitted or allowed to
drain or flow unnaturally onto, over, under, across or under any contiguous or adjacent Lot unless a drainage
easement shall exist therefor. No Owner shall be permitted to alter the grade of or original drainage plan for any
Lot, or change the direction of, obstruct or retard the flow of surface water drainage, nor shall any Owner alter or
remove any drainage or environmental berm or swale or divert any storm water drainage over, under, throug~ or
around any such berm or swale. ::;
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6.19 Wells, Effluent Water, Pesticides and Herbicides. No well shall be permitted on any L~~or'~
Common Property. The Association and all Lot Owners shall be required to accept and use (when avail~le) as
their sole source of irrigation water effluenUreclaimed water provided from the City's sewage treatme{if plant
through the distribution system installed on the Subject Property as further provided in this Declaration. rrt
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6.20 Fences, Walls and Hedges. There shall be no fence, wall or hedge on any Lot unless aPl?hovEb
by the ARB. .r-' U1
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6.21 Rules and Regulations. In addition to the foregoing restrictions on the use of the Lots and
Common Property, the Association shall have the right, power and authority, subject to the prior written consent
and approval of Developer, to promulgate and impose reasonable rules and regulations governing and/or
restricting the use of the Lots and Common Property and to thereafter change, modify, alter, amend, rescind and
augment any of the same; provided, however, that no rules or regulations so promulgated shall be in conflict with
the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be
applicable to and binding upon all Lots and Common Property and the Owners thereof and their successors and
assigns, as well as all guests or invitees of and all parties claiming by, through or under such Owners.
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6.22 Enforcement. In the event of a violation of or failure to comply with the foregoing requirements
of this section and the failure of the Owner of the affected Lot, within fourteen (14) days following written notice
by the Association of such violation or non-compliance and the nature thereof, to cure or remedy such violation,
then the Association or its duly appointed employees, agents or contractors, shall have and are specifically granted
the right and privilege of and an easement and license to enter upon the affected Lot or any portion or portions
thereof or Improvements thereon, without being guilty of any trespass therefor, for the purpose of undertaking such
acts or actions as may be reasonably necessary to cure or eliminate such violation; all at the sole cost and
expense of the Owner of the affected Lot. Such costs and expenses, together with an overhead expense to the
Association of fifteen percent (15%) of the total amount thereof shall be assessed by the Association as an
Individual Lot Assessment as provided in this Declaration to the affected Lot and the Owner thereof. Any such
I ndividual Lot Assessment shall be payable by the Owner of the affected Lot to the Association within ten (10) days
after written notice of the amount thereof. Any such Individual Assessment not paid within said ten (10) day period
shall become a lien on the Affected Lot in accordance with the provisions of this Declaration. The Association shall
promptly enforce the terms of this Declaration upon the request of the Club Owner.
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6.23 Precedence Over Less Strinaent Governmental Reaulations. In those instances where the
covenants, conditions and restrictions set forth in this Declaration set or establish minimum standards or limitations
or restrictions on use in excess of Governmental Regulations, the covenants, conditions and restrictions set forth
in this Declaration shall take precedence and prevail over less stringent Governmental Regulations. Governmental
Regulations which are more stringent than the regulations contained in this Declaration shall take precedence over
the less stringent regulations.
ARTICLE 7
BUILDING RESTRICTIONS AND"~EqVIR~M~NTS
A." . '. "'. .'. .... '. ". .,',
The erection, placement, construction and installation of alii mprovements on any Lot or Common Property
shall be subject to and governed by the following covenants, conditions, requirements, restrictions and
reservations:
7.1 Buildina Tvpe. No building or structure other than one (1) single family residence and its related
appurtenances facilities and Improvements shall be placed, located, erected, constructed or installed or permitted
to remain on any Lot, except that, if deemed appropriate by,.tM ARB by virtue of the size and location of a
particular Lot and the type of residence constructed thereon, detached garages and guest houses may::..b1e
permitted as an appurtenance to the main dwelling constructed on ~ L:CU.
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7.2 Governmental Reaulations. All Improvements placed, located, erected, constructed and installed>
upon any Lot or Common Property shall conform to and comply with all applicable Governmental Regul~ons.
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7.3 Desian Standards and ARB Approval. All Improvements must be constructed in acco(dpnce
with detailed plans and specifications approved by the ARB prior to the commencement of construction afh1O~
particularly provided in this Declaration. ~ (.Jl
7.4 Construction. The construction of all Improvements must be performed by builders, g~ner~
contractors and subcontractors as are licensed in the State of Florida and the County or City to engage in the
business or residential building and construction. The general contractor is responsible for the conduct of the
workers on the job and the condition of the site. To ensure the construction quality and safety of all workers, drugs
and intoxicants are not permitted on any construction sites. A job" toil~t'IJlY~t, be located on all lots during
construction. When possible the toilet should be located out of the front yard with the door facing away from the
street. The contractor is responsible for trash and debris. Trash should be stored in a dumpster on the job site
and be emptied on a regular basis. Fires are not permitted on construction sites. At the end of each day, workers
must clean up the trash at the site and keep construction materials neatly stored. Construction trailers are
permitted but their appearance must be approved by the ARB and are to be used as on-site offices only and not
as living quarters. During construction of the driveway every effort must be made to preserve the pavement and
curb along the roadway in front of the home. The back edge of the curb must be carefully cut and the new
driveway poured to transition smoothly from the curb. To preserve the natural areas of the Lot, barricades should
be constructed. Additionally, all vehicular traffic should be kept away from the area within the dripline of existing
trees to prevent soil compaction of the root zones. Damaged limbs and dead vegetation should be removed.
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7.5 Exterior Heiaht Limitation and Interior Ceilina Heiahts. No Improvement shall exceed forty
(40') feet (or such lower height as required by the City) in height, as measured from the finished grade of first floor
(i.e., excluding basement, if any) to the roof peak at its highest point, except as expressly permitted by the ARB.
Each residential dwelling on a Lot shall consist of not more than two (2) full stories (not including basement) unless
otherwise approved in writing by the ARB.
7.6 Buildina Setback Lines. It is the intent of this Declaration to preserve and enhance natural
features of all Lots and golf course vistas. The siting of a home should emphasize these natural features by
carefully preserving as many trees and other existing vegetation as possible. Notwithstanding the stated setbacks,
the ARB shall have wide discretion in requiring greater or lesser setbacks where appropriate, including siting
Improvements to enhance vistas of Improvements located on other Lots. No part of any building (except as
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provided herein) shall be constructed, erected, placed or installed any closer to the property boundary lines of any
Lot than as follows: No closer than thirty (30') feet t()the front yard (street side) property boundary line; twenty-five
(25') feet to the rear yard property boundary line;'fWelve(12'tf$et'1d"'the side yard property boundary lines. If a
Lot abuts the Club property, the minimum setback on the rear or side abutting the Club property shall be thirty (30')
feet ~l')dJarger where the flight of errant golf balls may be a problem. Notwithstanding the foregoing, the.ARB sh~11
have wide discretion in establish in reater or lesser setb cks frail Lots which, are not rectangularly shaped.'"
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7.7 Other Setback Lines. Improvements other than the main dwelling on a Lot shall be placed,
located, erected, constructed or installed no closer to the property boundary lines of Lots, as follows, subject to
l) the wide discretion of the ARB to adjust such setbacks;
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7...7 A.Swimmina"'Pool$. No closer than the otherwise established side yard building setback line
. I~ I plus an additional five.(5')f~et, and no closer than fi~een (15') feet to any rearr~operty bo~.ndary line
S 11>1: 't 'Q frQrn the water's edge, and In the case of Lots abutting the Club property, a mJlilfrlUm of twenty (20') feet.
~ I - No swimming pools shall be constructed in front or side yards. No swimming pool deck or patio, shall be
~"Pe-;: 7 n: constructed nearer than ten (10') feet (fifteen (15') feet if adjacent to the Club property unless the Club
Owner consents in writing to a lesser setback) to any rear yard property line or nearer than the otherwj>>
foL-15 Pr. established side yard building setback line to any side yard property line. A screen enclosure shall~'
- constructed no closer than ten (10') feet to any rear property line or side yard setback, nor clo~ tQan
f4:".~ ~ 20 Pr. twenty (20') feet to the Club property unless approved in writing by the Club Owner. ~ (>>
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7.7.2 Accessory Structures. All accessory structures shall be located within the f5ilding
setback lines established for the main dwelling on any Lot unless approved in writing by the AR'B and
provided they meet applicable City requirements. g -
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7.7.3 Drivewavs. No closer than five (5') feet to any side yard property boundary line, ~cePr
when a common driveway pursuant to Section 13.2. No driveway shall be wider than twelve (12') feetiTrJ
the area from the Lot right of way boundary to the road pavement, and in the first five (5') feet of the Lot
adjacent to the right of way.
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7.7.4 Walkwavs. No closer than five (5') feet to any side yard property boundary line.
7.8 Minimum Open Areas. Each Lot shall have no more than forty percent (40%) of its total land area
(thirty five percent (35%) if the Lot is larger than twenty five thousand (25,000) square feet) covered by buildings,
structures, driveways, parking areas, sidewalks, swimming pools, decks or other impervious surfaces.
7.9 Dwellina Size. Each single family residential dwelling constructed on a Lot shall have a minimum
heated and cooled living area (exclusive of porches, garages, storage rooms and outbuildings) of three thousand
(3,000) square feet, although a larger space is encouraged.
7.10 Temporary Improvements. No buildings, structures, improvements or other facilities of a
temporary nature, including trailers, tents or shacks shall be permitted on a Lot; provided, however, that temporary
improvements or facilities used solely in connection with and during the period of the construction, marketing and
sale of approved permanent Improvements shall be permitted during the period of the construction of such
permanent Improvements so long as the same are located as inconspicuously as possible and are removed
immediately following the completion of such construction.
7.11 Garaaes and Carports. No carports shall be permitted. Each single family dwelling shall have
an attached garage. All garages shall be for not less than two (2) nor more than four (4) standard size passenger
automobiles. Each garage shall have a minimum width, as measured from inside walls, of ten (10') feet per car
and a minimum depth for each car of twenty-one (21') feet. All garages shall be "side entrylloaded" in such
manner that the garage doors shall not face any public street, the front of the dwelling or the Club property. All
garages must have garage doors that are operated by electric door openers kept in operable condition. Vehicles
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shall be stored inside of garages whenever possible, and all garage doors shall remain closed at all times; except
for the temporary opening for ingress and egress of vehicles. No garage shall be converted to another use (e.g.,
living space or storage) without the substitution, on the Lot involved, of another garage meeting the requirement~
of this Declaration. Because of the peculiarities of the size, shape, configuration, location ~-..: "'~IIt:r physical
characteristics of many Lots, it may be impossible or impractical to design, erect, construct, install or maintain
garages in such manner that the garage doors thereof do not face and are not visible from any public street, the
front of any resiaence or the Club property. The ARB, in their sole discretion, shall be entitled to grant waivers of
and/or variances from such restriction with respect to any particular Lot or Improvement. To the extent that any
such waiver and/or variance is granted, the same shall not be deemed to be a precedent for the granting of such
or any similar waiver or variance in any other particular instance or with respect to any other Lot or Improvement.
7.12 Curb Cuts and Drivewavs. The location, size and angle of the approach of all driveways and curb
cuts shall be subject to the approval of the ARB, and shall meet all requirements of the City. Driveways must be
~esigned to preserve existing trees as well as trees required to be planted by this Declaration. Curved, meandered
and offset driveways with adequate turn around space are suggested. It is suggested that concrete, brick or paver
blocks in warm earth tones be used for all driveways. The use of asphalt and exposed aggregate as a paving
surface is not recommended. All driveways, turnarounds and parking areas shall have a concrete base and shall
be paved or finished with a hard dust-free material approved by the ARB. Each driveway shall extend the entire
distance from the garage door to the paved portion of the street or roadway in front of or adjacent to the Lot on
which such driveway is constructed. Where entering a multi-car garage a maximum of twelve (12') feet of drive~~y
width will be allowed for each garage stall. The entry walkway should be wide enough to provide aJI e~
statement to the front door. Walkway materials should be the same as, or compatible with, the dri~a[jr
structure material. z
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7.13 Sidewalks. The Owner of each Lot shall construct at the time of the original construooon of a
dwelling on the Lot, a sidewalk in the right of way abutting said Lot at the location which is approved by m.e ARB
in such fashion as to connect with the sidewalk previously constructed or otherwise planned for adjacenM..otw
properties. All sidewalks, if any, shall be four feet (4') wide and four inches (4") thick, and shall run tt}e1el'\tiA
length of the street or road frontage of each Lot or pursuant to such other specifications as may be establisl1eO
by the ARB from time to time. Sidewalks shall comply with all City requirements.
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7.14 Roofs. No flat roofs shall be permitted without the approval of the ARB. The ARB may approve
flat roofs on part of the main body of a building if architecturally compatible with the remainder of the roof structure,
the particular building on which it is to be constructed and all adjacent residences and other structures. The pitch
of all roofs shall be not less than (and are suggested to be greater than) eight inches (8") in twelve inches (12")
(8/12 vertical/horizontal). All roofs shall be constructed of clay, tile, cement tile, slate, standing seam copper, cedar
shake shingle, or other materials approved by the ARB. All roof colors must be approved by the ARB. Chimneys
should be considered as important design elements of the elevation. They must be constructed of brick, stone,
stucco or wood to match the elevation. If a prefabricated metal fireplace is used, the flue and metal spark arrestor
must be shrouded by a material approved by the ARB. Plumbing stacks and roof vents should match the roof color
and be placed in inconspicuous locations. Substantial facias with detail as well as wide overhangs are
encouraged.
7.15 Roof Structures. No antennas, windmills, appliances or other rooftop installation or structure of
any type shall be located upon the exterior of the roof of any building or structure unless first approved by the ARB
and be located in such manner that they shall not be visible from any street, neighboring residences or the Club
property. Rooftop attic ventilators and fans and solar collector panels which are designed and architecturally
treated in an aesthetically acceptable manner may be approved by the ARB.
7.16 Antennas. Etc. No antennas, aerials, discs, dishes or other devices for the transmission or
reception of radio or television signals or any other form of electromagnetic radiation or communication shall be
located outside of any building or structure on Lots, with prior approval of the ARB.
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7.17 Awninas. Shutters. Windows and Glass. It is encouraged that the windows on all buildings (on
the street or golf course elevations) be constructed using frames made of wood. Vinyl or metal exterior cladding
is allowed subject to review by the ARB. No windows shall give the appearance of being constructed of metal.
Metal cladding must have an anodized or factory applied color submitted to the ARB for approval. It is encouraged
that windows have muntins where appropriate to the architectural style, which shall give the appearance of a true
muntin bar on the exterior window face. Window openings shall not give the appearance of being flush with the
surrounding facade. Windows be depressed (or the facade be built out) as much as possible in order to
emphasize shadow lines to create visual interest. Windows in the side elevations (facing adjacent lots) shall be
the same style and type as those in the front elevation windows. Recommended window types include: casement,
single or double hung, bay windows and pivoting. Jalousie windows will not be allowed. The general header
height of the windows shall be a minimum of 7'4" above the finished floor on the first level. No reflective or
mirrored glass (or coatings) shall be used on, in or for the windows or doors of any buildings or other
Improvements. No tinted windows or doors shall be permitted unless first approved by the ARB, taking into
account the degree of tinting and the aesthetics of the Improvements involved. No window shall be covered by
awnings, canopies, shutters, boards, or similar type window coverings, except as approved by the ARB or such
as may be required for protection from storms and only then during the period of any such storm.
7.18 Exterior Air Conditionina Eauipment. All air conditioning compressors and other equiPmen5
located outside of a residential dwelling shall be screened from the view of street and road rights-of-way, th~luta-.:-
property, and adjacent Lots by opaque walls attached to and made a part of each single family dwelling:J;lncL:>
otherwise approved by the ARB. No window or roof mounted air conditioning units shall be permitted. X'
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7.19 Fences and Walls. Each Lot is encouraged to have a brick wall (at the front Lot line) consistent
with the standards established by the ARB extending across the entire road side, with an opening for the driv~y-
in common with the adjacent Lot as specified by the ARB (as provided in the Common Drive Easement set fgrthCO
in Section 13.12). One additional opening shall be permitted with the approval of the ARB when appropriat"or(J1
the particular Lot. No other fences or walls shall be erected on any Lot or Common Property unless approved in \.D
writing by the ARB. The height of all fences or walls shall be subject to the control and approval of the ARB. All
fences and walls shall be constructed of wrought iron, coated aluminum, brick, stucco or other masonry materials
and shall conform to guidelines and specifications otherwise set by the ARB. In no event shall uncovered or
exposed (whether concrete or concrete blocks, painted or not), chain link or prefabricated wooden fences be
permitted. The use of fences and walls should be limited to small courtyards and service areas near the house
and may not exceed a height of six (6') feet. Extensive use of fenced areas is not encouraged. Preservation of
natural vegetation and planted shrub masses are the preferred methods of creating privacy and defining spaces.
Fences and hedgerows which obstruct vision sight lines at driveways, street intersections and on corner lots are
dangerous for vehicular traffic and are prohibited, as are side yard obstructions which impede the view of the golf
course from the street. All fences and walls shall comply with the requirements of the City, including any permit
requirements.
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7.20 Exterior Buildina Materials. Finishes and Colors. All exterior building materials, finishes and
colors shall be approved by the ARB. Uncovered or exposed (whether painted or not) concrete or concrete block
shall not be permitted as the exterior finish of any building structure or wall unless approved by the ARB. The
foregoing restriction shall be equally applicable to the initial as well as any subsequent painting of any
Improvements. All dwelling units shall have a minimum of twenty five percent (25%) of the front elevation (and
rear and side elevations visible from the Club property) covered in brick, stone or stucco approved by the ARB.
Exterior finishes should be applied consistently to all sides of the home. Brick, stone, stucco and wood materials
can be used on all elevations. Simulated brick or stone or plywood wood siding products are not permitted. Finish
paints and stains must be applied to all exterior wood surfaces and all stucco walls must be painted. Door and
window trim should be finished to match or complement the materials of the elevations. Fascias, gutters and
downspouts are to be designed as integral parts of the architecture and finished to complement the house.
Swimming pools and enclosures should not be obtrusive. All screen enclosures should be designed to
complement the architecture of the house. Aluminum enclosures should have painted or anodized finishes; no
mill finish aluminum is permitted.
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7.21 Exterior Liahtina. Exterior lighting or illumination of buildings, yards, parking areas, sidewalks
and driveways on a lot shall be designed and installed so as to avoid visible glare (direct or reflected) from street
and road rights-of-way, other lots and the Club property. Exceptions may be approved by the ARB upon a
showing of good cause. Site lighting may be incorporated in the landscape and architectural plans for a dramatic
night time effect. lighting fixtures should be concealed in shrub beds and lighting wells. lighting layout and
product specifications should be included on the landscape plans and all lighting should be directed within the lot,
with no spillover onto adjacent lots. The use of colored lenses is prohibited, except when used in holiday displays.
7.22 Mailboxes and Other Deliverv Boxes. Until such time as the United States Post Office
Department shall approve mail delivery service to Arrowhead to or at wall receptacles or mailboxes attached to
each single family residential dwelling, each lot on which a single family residential dwelling is constructed and
completed shall have a roadside mailbox for the delivery of United States Mail. The design, construction and
location of such mailbox shall be as approved by the ARB and be consistent for all mailboxes in Arrowhead; it
being expressly provided, however, that the ARB must approve a location consistent with the rules and regulations
of the United States Post Office Department. At such time as the United States Post Office Department shall
approve and make mail deliveries within Arrowhead to or at wall receptacles or mailboxes attached to each single
family residential dwelling, each Owner, upon notice and request of the Association, shall remove and replace the
roadside mailbox on his lot with a receptacle or mailbox attached to the single family residential dwelling
constructed on his lot. All other delivery boxes or receptacles of any kind, including those for newspapers, ~Ik
and other similar home deliveries, shall also be designed, constructed and located as approved by the AAB.~e ~~
ARB shall have the right to require that all roadside mailboxes shall be of one particular type or design ~ec i d ~ ~
by the ARB so long as such designated type or design meets the rules and regulations of the United St9.@s . st ~
Office Department. If required by the City, all mailboxes shall be of a "breakaway" type. Mailboxes a~to be a ~
part of a consistent design throughout Arrowhead. Only the surname of the homeowner and street numt:Jer may :::0
be displayed on the mailbox. Newspaper tubes and reflectors are not to be placed on mailboxes. g _ ~
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7.23 Underaround Utilities. All utility lines and facilities shall be located and installed und~r~ ~~
or concealed under or within a building or other on-site Improvements approved by the ARB; provided, nowem, Pl(f)
that the foregoing restriction shall not be deemed to prohibit the following: (a) temporary electric power and
telephone service poles and water lines which are incident to the ongoing construction of approved permanent
improvements, and, provided further, that the same are removed immediately following the completion of such
construction; (b) above-ground electric transformers, meters and similar apparatus properly screened as approved
by the ARB; or (c) permanent outdoor safety light poles located and installed as approved by the ARB.
7.24 Landscapina. Each lot shall be landscaped in accordance with a landscape plan which is
approved by the ARB, which landscaping shall be perpetually maintained by the lot Owner in as good condition
as indicated on the plan. All landscaping approved by the ARB shall be installed within thirty (30) days after the
substantial completion of construction of the main dwelling on a lot. landscape plans must show all natural areas,
proposed planting beds, sodded lawn, and all tree locations. The plans must also include a plant list with common
and botanical names, plant sizes and material spacing. lawn areas are to be sodded with approved St. Augustine
(Stenotaphrum secundatum) species. Bitter Blue and Floratam are recommended species, though other hybrids
of St. Augustine may be approved by the ARB. The planting of grass shall be accomplished by the installation of
full sod covering the entire area required to be grassed. Partial sodding, sprigging, plugging or seeding shall not
be permitted. All areas which are not sodded, paved or left in natural vegetation, must be covered with three
inches of mulch or pine straw.
7.25 Existina Trees and Tree PlantinQ ReQuirements. All existing trees are to be retained on each
lot to the greatest extent possible. Removal of existing trees at any time (regardless of size) must be approved
by the ARB. The builder or lot Owner shall install and permanently nurture and maintain new trees, sod and
irrigation along the street frontage of the lot and right of way regardless of the size of the lot or the amount of
street frontage. Removal of any tree shall require compliance with applicable City requirements, including the
issuance of an arbor permit.
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7.26 Irriaation Systems. All landscaped and grassed open areas on a Lot shall be irrigated by means
of an automatic underground irrigation system capable of regularly and sufficiently irrigating all lawns and
plantings. The plans and specifications for each such irrigation system shall be approved by the ARB as part of
the landscape plan. Such irrigation system shall be installed prior to or simultaneously with the implementation
of the landscape plan approved by the ARB; but in any event within the time provided in this Declaration for the
installation of landscaping. Such system may not be connected to a well, and shall be connected to the central
effluent/reclaimed water main installed by the Developer. Each Lot shall be required to be irrigated with
effluent/reclaimed water from the City's system at rates and upon terms as the City may hereafter impose. In the
interest of water conservation, the irrigation system shall include a rain sensing mechanism which shall regulate
the operation of the system to not irrigate when sufficient quantity of rain has fallen.
7.27 Artificial Veaetation. No artificial vegetation shall be permitted on the exterior of any building on
any Lot or Common Property.
7.28 Berm and Swale System. The Surface Water Management System contemplates a berm and
swale system as a requirement of the St. John's River Water Management District and the City. To the extent
required on any Lot, the system shall be constructed and maintained by the Owner of the Lot. ,:...J
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7.29 Waivers. Exceptions and Variances by Developer. Notwithstanding anything to the ~nt[~
set forth in or which may otherwise be implied from the terms and provisions of this Declaration, the D6j[elops
specifically reserves exclusively unto itself, for the duration hereinafter specified, the right and privil~ (b'ut
Developer shall have absolutely no obligation), upon a showing of good cause therefor, to: (a) grant waivers with
respect to any existing or proposed future deviation from, or violation or infraction of, the building res@S:tions
specified in this Declaration where, in the reasonably exercised good faith judgement and discretion::Df tmr
Developer, the Developer shall determine or decide that such deviation, violation or infraction is de minimusrlJ1in~
or insignificant, (b) grant waivers of, exceptions to, or variances from, the building restrictions specifiecfih trm;"
Declaration where special conditions and circumstances exist which are peculiar to a particular Lot and nor
generally applicable to other Lots (e.g., because of its unusual size, configuration or location) or where a literal
interpretation or application of any such building restriction to a particular Lot would be inappropriate, inequitable
or otherwise work or result in a hardship or deny such Lot and the Owner thereof specific rights which are generally
enjoyed by other Lots and Owners; is being expressly provided, however, that, in all cases, the Developer, in its
exercise of such right and privilege shall, in its reasonably exercised good faith judgment and discretion determine
or decide that its grant of any such waiver, exception or variance shall not result in, represent, be or constitute a
significant deviation of or derogation from (a) the uniform plan of development for Arrowhead, (b) the high
architectural, ecological, environmental and aesthetic standards otherwise established for Arrowhead or (c) the
objects and purposes of this Declaration. Notwithstanding anything to the contrary contained in this Section, any
waivers of, exceptions to, or variances from said building restrictions shall be in compliance with Governmental
Regulations. The Developer shall have such right and privilege to grant waivers, exceptions and variances, as
aforesaid, until either (a) the expiration of a period of fifteen (15) years from the date of the recordation of this
Declaration among the Official Records of the County, or (b) the sale by the Developer or its successors or assigns
in the ordinary course of business, and not in bulk, of ninety-five percent (95%) of all Lots in Arrowhead, whichever
shall last occur. Following the occurrence of the last of the foregoing events to occur, the right and privilege of the
Developer to grant waivers, exceptions and variances, shall be delegated and assigned by the Developer to and
thereafter vest in the ARB. To the extent that any such waiver, exception or variance is granted in a particular
instance or with respect to any such Lot or Improvement pursuant to the provisions of this Section, the same shall
not be deemed to be a precedent for the granting of such or any similar waiver, exception or variance in any other
particular instance or any other particular Lot or Improvement. Notwithstanding the foregoing, no waiver, exception
or variance may be granted without the approval of the Club Owner if the act would adversely impact the Club
property.
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ARTICLE 8
COMMON PROPERTY
8.1 Preface. There is currently no Common Property included within the Subject Property, however,
this Declaration provides for Common Property administration should there ever be Common Property.
8.2 Additional Property. In addition to the Common Property, the Developer, in its sole discretion,
shall have the right to convey to the Association and the Association shall be obligated to accept any other portion
of the Subject Property or any other real property owned by the Developer so long as such property is used or
useful for any of the objects and purposes for which the Association has been created and established. Should
the Developer so convey any such additional property, the same shall thereupon become and thereafter continue
to be Common Property which shall be subject to all covenants, conditions, restrictions, easements and
reservations set forth in this Declaration with respect to all other Common Property.
8.3 Restriction on user Subsequent to the conveyance of any Common Property to the Association
by the Developer, the Common Property shall, subject only to the easements specified in this Declaration, be
developed, improved, maintained, used and enjoyed solely for the purposes specified in this Declaration 'iilRlf in
the instrument of conveyance and for the common health, safety, welfare and passive recreation of thfV)eS1~nts~~
of and visitors to Arrowhead and for no other purpose or purposes whatsoever. No other use shall tI~maae 01'0 ~
the Common Property without the prior written consent of the Developer. ?2 '--:? A ~
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8.4 Restriction on Conveyance./ Subject only to the provisions of Section 11.5 of this D~aration, ;0
subsequent to the conveyance of any Common Property to the Association by the Developer, the~om"!!!'pn ~
Property may not be subdivided, partitioned, sold, transferred, conveyed, alienated, leased, morfghgEChor-oo
hypothecated by the Association in any manner whatsoever without the prior written consent of the ~el~r. ~.E5
Neither shall the Common Property be abandoned by the Association without the prior written consent oNj1e fT1V>
Developer. Upon a violation of the provisions of this Section, title to any Common Property so subdivided,
partitioned, sold, transferred, conveyed, alienated, leased, mortgaged or hypothecated by the Association without
the prior written consent of the Developer shall automatically revert to and become revested in the Developer upon
the filing by the Developer among the Official Records of the County of an appropriate declaration of this intention
to accept such reversion.
8.5 Encumbrance as Security. Notwithstanding the provisions of Section 8.4 above, the Association
shall have the right in accordance with this Declaration and Its Articles of Incorporation and By-Laws to (a) borrow
money for the purpose of improving, replacing, restoring or expanding the Common Property and to mortgage or
otherwise encumber the Common Property solely as security for any such loan or loans, and (b) engage in
purchase money financing with respect to personal property and equipment purchased by the Association in
connection with the performance of its duties and obligations pursuant to this Declaration and to secure the
payment ofthe purchase price therefor by the encumbrance ofthe personal property and equipment so purchased;
it being expressly provided, however, that any such mortgage or other encumbrance shall be subject in all respects
to the terms and provisions of this Declaration and any amendments hereto and, provided further, that in no event
shall the Association be entitled or empowered to mortgage or otherwise encumber any easements granted to it.
8.6 Use by Owners. Subject to any reasonable rules and regulations adopted and promulgated by
the Association pursuant to and in accordance with this Declaration, and subject always to any and all easements
granted by or reserved to the Developer in this Declaration, each and every Owner shall have the non-exclusive
right, privilege and easement to use and enjoy the Common Property for the purpose or purposes for which the
same is conveyed, designated and intended by the Developer and maintained by the Association, and such
nonexclusive right, privilege and easement shall be an appurtenance to and shall pass with the title to each Lot.
8.7 Deleaation of Use. Any Owner shall be entitled to and may delegate his right, privilege and
easement to use and enjoy the Common Property to the members of their family, tenants, guests or other invitees;
subject, at all times, however, to such reasonable Rules and Regulations governing such delegation as may be
established, promulgated and enforced by the Association pursuant to this Declaration. In the event and for so
16
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long as an Owner shall delegate such right, privilege and easement for use and enjoyment to tenants who reside
on the Lot, the Association shall be entitled, after the adoption and promulgation of appropriate rules and
regulations with respect thereto, to limit or restrict the right of the Owner making such delegation to a tenant in the
simultaneous exercise of such right, privilege and easement of and for the use and enjoyment of the Common
Property .
8.8 Waiver of Use. No Owner may exempt themself from personal liability for or exempt their Lot from
any Assessments duly levied by the Association, or release the Lot owned by them from the liens, charges,
encumbrances and other provisions of this Declaration, or the rules and regulations of the Association by (a) the
voluntary waiver of the right, privilege and easement for the use and enjoyment of the Common Property, (b) the
abandonment of their Lot or (c) by conduct which results in the Association's suspension of such right, privilege
and easement as provided in this Declaration.
8.9 Administration and Care. The administration, regulation, care, maintenance, repair, restoration,
replacement, preservation and protection of the Common Property shall be the responsibility of the Association
as more particularly provided in this Declaration and in the Articles of Incorporation of the Association.
8.10 Rules and Reaulations. In addition to the foregoing restrictions on the use of the Com~n
Property, the Association shall have the right, power and authority, subject to the prior written con~ntaDId
approval of Developer, to promulgate and impose reasonable rules and regulations governing and/or reetridfng
the use of Common Property and to thereafter change, modify, alter, amend, rescind and augment any o!J~e
same; provided, however, that no rules or regulations so promulgated shall be in conflict with the provisio~ of this
Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to an~inding
upon all Common Property and all Owners and their successors and assigns, as well as upon all member~f their
families, their tenants, guests, and other invitees and upon all other parties claiming by, through or un~r s~
Owners. ." '""'
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8.11 Payment of Assessments Not Substitute for Taxes. The payment of Assessments from time
to time established, made, levied, imposed and collected by the Association pursuant to this Declaration, including,
without limitation, those for the maintenance of the Common Property, including those Assessments for
maintenance of the landscape and wall easements shall not be deemed to be a substitute for or otherwise relieve
any Owner of the Subject Property from paying any other taxes, fees, charges or assessments imposed by the
County, the City, or any other governmental authority.
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8.12 Exculpation from Liability and Responsibilitv. The Surface Water Management System is
private, not public. It has not been and shall not be dedicated to or accepted or maintained by any governmental
authority, including the City. It is contemplated that title to the Common Property shall be granted and conveyed
to the Association, which shall, subject to the terms of this Declaration, shall have sole and exclusive jurisdiction
over and responsibility for the ownership, administration, management, regulation, care, maintenance, repair,
restoration, replacement, improvement, preservation and protection of the Common Property. By acceptance of
the deed to their Lot, each Owner shall be deemed to have agreed that neither the Developer, Club Owner, City
or other party shall have any liability or responsibility whatsoever with respect to the Common Property and shall
look solely to the Association with respect to such liability or responsibility. Notwithstanding the foregoing, no
change to the Surface Water Management System may be made without the approval of the City and the St. Johns
River Water Management District.
ARTICLE 9
ASSESSMENTS
9.1 Assessments for Common Expenses. It is not currently contemplated that (other than the cost
of maintaining storm water facilities on the Club property) there will be any Common Expenses for the Association,
however, this Declaration makes provision for assessments should there ever be a need to obtain funds to pay
for any Common Expenses. The Initial Fee will be collected to provide a reserve fund should it ever be required.
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In order to provide for and assure the availability of the funds necessary to pay Common Expenses as may be
associated with and otherwise necessary for the Association to perform its duties and other obligations pursuant
to and in accordance with this Declaration and its Articles of Incorporation and By-Laws and to otherwise carry out
and accomplish the objects and purposes for which the Association has been created and established, each Lot
and each Owner of such Lot shall, by the acceptance of a deed or other conveyance of title to his Lot, whether or
not it shall be expressly stated in any such deed or other conveyance, be obligated for and be deemed to have
covenanted and agreed to pay the Association all Assessments, whether the Initial Fee, Regular Assessments,
Capital Expenditure Assessments, Special Assessments or Individual Lot Assessments, established, levied, made
and imposed by the Association pursuant to this Declaration. All such Assessments shall be established, levied,
made, imposed, enforced and collected pursuant to the provisions of this Declaration and the Articles of
Incorporation, By-Laws and Rules and Regulations of the Association.
9.2 Common Expenses. The Common Expenses for which Assessments shall be established, made,
levied, imposed, enforced and collected by the Association pursuant to this Declaration shall be all costs and
expenses incurred by the Association in the discharge and performance of the duties and obligations of the
Association pursuant to this Declaration and the Articles of I ncorporation and By-Laws of the Association has been
formed, created and established, including, without limitation, the following costs and expenses, if any, to wit:
9.2.1 Those incurred in the management and administration of the business and affairs o.f the
Association, including, but not limited to, the salaries of any employees of the Association and the:~es cri '"
or other compensation paid to consultants to the Association, including, without limitation, ~hit~s, o~
engineers, accountants and attorneys. 3: 0,) ~~
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9.2.2 Those incurred in connection with the ownership, administration, management, rqgtJlation, ~
care, maintenance, repair, restoration, replacement, improvement, preservation, and protecti6i\ of the ;0
Common Property, or the storm water facilities located on the Club property as depicted on thgplat.- .~
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9.2.4 Those incurred for utility services, if any, to the Association and the Common Property.
9.2.5 Those incurred as premiums on or for any insurance obtained by the Association,
including, without limitation, fire, casualty, liability, health, medical, workman's compensation and other
insurance.
9.2.6 All taxes, paid by the Association, including, without limitation, ad valorem real and
personal property taxes on the Common Property, if any.
9.2.7 Those incurred in connection with any payments by the Association for the discharge of
any lien or encumbrance upon the Common Property or any portion thereof.
9.2.8 Those incurred by the ARB in the performance of its duties and obligations pursuant to
this Declaration, including, without limitation, the fees of or other compensation paid to consultants to the
ARB, including architects, landscape architects, engineers and attorneys.
9.2.9 Those incurred from time to time by any committees of the Association which are
reasonably connected to the discharge of the duties and obligations of the Association pursuant to this
Declaration.
9.2.10 Those incurred in connection with the acquisition and repayment of any loans made to the
Association, including the principal of, interest on and closing costs and other charges associated with any
such loan or loans and/or purchase money financing engaged in by the Association.
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9.2.11 Those incurred in connection with the enforcement of the provisions of this Declaration,
including the fees, costs and expenses of any attorney retained or employed by the Association for that
purpose.
9.2.12 Those incurred for the maintenance, operation and repair of the Surface Water
Management System, including but not limited to retention areas, drainage structures and easements.
9.3 Use of Assessments. The funds received and derived from any and all Assessments made by
the Association shall be used exclusively for the performance of the duties and obligations of the Association
pursuant to this Declaration, the payment of Common Expenses, the operation and administration of the
Association and the promotion of the health, safety, and general welfare of the residents of Arrowhead.
9.4 Prohibited Use of Assessments. Notwithstanding anything to the contrary set forth in or
otherwise implied from the terms and provisions of this Declaration, the Association shall not have the power or
authority to use, make, levy, impose, enforce and collect and is hereby expressly prohibited from using, making,
levying, imposing, enforcing and collecting any Assessment for the purpose, in whole or part, of financing the
prosecution of or otherwise supporting any actual or contemplated litigation, including any and all appeals related
thereto, against the Developer or the Club Owner with respect to matters related to Arrowhead or its develoPrr'~e t
or operation or the Club. If, notwithstanding the foregoing prohibition, the Association shall atte":lpt to use, m, e,
levy, impose, enforce and collect any Assessment for such prohibited purpose or use, the Developer an~ny t
or other property owned by Developer shall be and are hereby exempted from any such Assessment or a~mf!2P
Assessment. z
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9.5 Lien for Assessments. All Assessments established, made, levied, and imposedTby the
Association pursuant to this Declaration, together with interest, late charges, costs and expenses, igludiRg
attorneys' fees associated with the collection thereof (whether suit be brought or not), shall be a char~ and.cB
continuing lien upon each Lot against or with respect to which any such Assessment is made or levied., '"
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9.6 Personal Liability for Assessments. In addition to the foregoing lien for such Assessments, each
such Assessment, together with interest, late charges, costs and expenses, including attorneys' fees associated
with the collection thereof (whether suit be brought or not), as aforesaid, shall also be the personal obligation and
liability of the Owner of the Lot against or with respect to which any Assessment is made, levied or imposed at the
time such Assessment is so made, levied or imposed. Such personal liability for Assessments made, levied or
imposed pursuant to this Declaration prior to the sale, transfer or other conveyance of a particular Lot shall not,
by virtue of any such sale, transfer or other conveyance, pass to such Owner's successor or successors in title
unless such personal liability of the Owner shall be expressly assumed as the personal obligation of such
successor or successors in title; provided, however, that no such assumption of personal liability by such
successor or successors in title shall relieve any Owner otherwise personally liable for payment of Assessments
from the personal liability and obligation for the payment of the same.
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9.7 Types of Assessments. The Association is hereby authorized and empowered to establish,
make, levy, impose, enforce and collect Regular Assessments and Individual Lot Assessments forwhich provision
is made is in this Declaration.
9.8 Reaular Assessments. The Association shall be and is hereby authorized, empowered and
directed to establish, levy, make, impose, enforce and collect during each calendar year a Regular Assessment
for Common Expenses to be incurred by the Association during such calendar year in the performance of its duties
and obligations pursuant to this Declaration. Such Regular Assessments shall be established, made, levied,
imposed, enforced, collected and otherwise governed by the following provisions, to wit:
9.8.1 Initial Reaular Assessment. There shall be no Regular Assessment until expressly
established by the Board.
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9.8.2 Rate of Regular Assessments. Subsequent to calendar year 1995, the amount of the
Regular Assessment for each calendar year shall be established and determined by the Board not later
than thirty (3D) days prior to the beginning of each calendar year. The Board shall establish the Regular
Assessment for each calendar year based upon a pro forma operating statement or estimated budget for
such calendar year which in turn shall be based, among other things, upon an estimate of the total
Common Expenses likely to be incurred during such calendar year, taking into account the previous
operating history of and any surplus funds held by the Association. The Association shall, at least thirty
(3D) days prior to the establishment of the Regular Assessment for the next succeeding calendar year,
provide to each Owner a copy of the pro forma operating statement or estimated budget to be used by the
Association in the establishment of the Regular Assessment for the next succeeding calendar year. The
total amount of the Common Expenses so estimated shall be divided by the total number of Lots within
the Subject Property in order to determine the amount of the Regular Assessment for each Lot for such
calendar years, it being expressly provided, however, that in the case of the common ownership of more
than one (1) platted Lot (L e., one (1) Lot and a portion of another Lot and (2) or more Lots) and ~
combination, development and improvement of the same as a single unified home site as othervv:I.~5
provided in this Declaration, the same shall be deemed, for Assessment purposes, to be a sing~Lol-
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9.8.3 Notice of Regular Assessments. Not later than fifteen (15) days prior to the b~ning
of each calendar year, the Association shall provide written notice to each Owner of the amou~f the
Regular Assessment established, made, levied and imposed for the next succeeding calendar yeHr and
the dates upon which installments for the same shall become due and payable. g -
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9.8.4 Commencement of Regular Assessments. Unless otherwise determined by thaloafa'
of Directors of the Association, Regular Assessments shall commence as to all Lots on the first day of t~
month following the first conveyance of a Lot by the Developer to any third-party individual Owner.
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9.8.5 Insufficient Regular Assessments. In the event that the Association shall determine
during any calendar year that the Regular Assessment established for such calendar year is or will
become inadequate or insufficient to meet all Common Expenses for such calendar year, for whatever
reason, the Association shall be entitled to immediately determine the approximate amount of the
deficiency or inadequacy of the Regular Assessment for such fiscal year, issue a supplemental estimate
of Common Expenses to all members of the Association and within thirty (3D) days thereafter establish,
make, levy, impose, enforce and collect a supplemental or revised Regular Assessment for such calendar
year.
9.8.6 Payment of Assessments. Regular Assessments shall be due and payable in advance
in monthly, quarterly, semi-annual or annual installments as determined by the Board of Directors of the
Association, in its reasonable discretion. Such installments shall be due and payable without any further
notice other than that notice specified in Section 9.8.3 above.
9.8.7 Developer Option. Notwithstanding anything set forth in this Declaration to the contrary,
until such time as Class B membership in Association is converted to Class A membership as provided
in Section 12.6.2 of this Declaration, the Developer shall have the option of either: (a) paying the Regular
Assessment with respect to each Lot owned by the Developer from time to time, the same as any other
Owner, or (b) paying the difference between the actual Common Expenses incurred by the Association
for a particular calendar year over the total amount of Regular Assessments levied by the Association
against all other Lots (Le., Lots not owned by Developer) and Owners during such year.
9.8.8 Reserves. The Regular Assessments shall include reasonable amounts as determined
by the Board of Directors of the Association to be collected as reserves for such other purpose or purposes
as shall be determined by the Board of Directors of the Association, in its reasonable discretion. Such
portion of Regular Assessments representing amounts collected as reserves, whether pursuant to this
Section or otherwise, shall be deposited by the Association in a separate interest bearing bank account
20
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to be held in trust by the Association for the purpose or purposes for which the same are collected and are
to be segregated from and not commingled with any other funds of the Association.
9.9 Capital Expenditure Assessments. In addition to the other Assessments for which provision is
made in this Declaration, the Association shall be and is hereby authorized and empowered to establish, make,
levy, impose, enforce and collect from time to time Capital Expenditure Assessments for the purpose of defraying,
in whole or in part, the cost of any construction or reconstruction or the unexpected repair or replacement of any
capital improvement to or upon the Common Property; provided, however, that any such Capital Expenditure
Assessment shall have the prior approval of two-thirds (2/3) of all classes of members who are voting in person
or by proxy at a meeting of the Association duly called for such purpose and of which written notice specifying the
nature of the proposed capital expenditure and the amount of the proposed Capital Expenditure Assessment is
sent to all members of the Association at least thirty (30) days in advance of such meeting. All sums collected as
Capital Expenditure Assessments shall be used only for the capital improvements or purchases for or with respect
to which such Capital Expenditure Assessment has been approved and such sums shall be deposited byc!eP
Association in a separate interest bearing bank account, not commingled with any other funds of the Associati.Q!}.
to be held in trust by the Association for such purposes. ~. ..~
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9.10 Special Assossments. In addition to other Assessments for which provision is mad~n this
Declaration, the Association shall be and hereby is authorized and empowered to establish, make, levy, impose,
enforce and collect from time to time Special Assessments for any purpose directly related to the dischar&?' of its
duties and obligations pursuant to this Declaration; provided, however, that any such Special AssessmeQl shalt
have the prior approval of two-thirds (2/3) of all classes of members of the Association who are voting in~rseF?
or by proxy at a meeting of the Association duly called for such purpose and of which written notice specifWi.'ig tt;e\
nature and amount of the proposed Special Assessment is sent to all members of the Association at least thirtV' ,
(30) days in advance of such meeting.
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9.11 Individual Lot Assessments. In addition to any other Assessments for which provisions are
made in this Declaration, the Association shall be and hereby is authorized and empowered to establish, make,
levy, impose, enforce and collect against and from a particular Lot and the Owner of such Lot an Individual Lot
Assessment for:
9.11.1 costs and expenses incurred by the Association in bringing a particular Owner of his
particular Lot into compliance with the provisions of this Declaration, including any action taken or cost or
expense incurred by the Association to cure and eliminate any violation of or non-compliance with the
provisions of this Declaration, following the failure of such Owner, within fourteen (14) days following
written notice from the Association of the nature of the violation of or non-compliance with this Declaration,
to cure or remedy such violation or non-compliance.
9.11.2 costs and expenses, including reasonable attorneys' fees, whether or not suit be brought,
incurred by the Association in the enforcement of the provisions of this Declaration against a particular Lot
or the Owner of such Lot;
9.11.3 costs and expenses incurred by the Association in furnishing or providing labor, services
and materials which benefit a particular Lot or the Owner of a particular Lot provided that such labor,
services or materials can be accepted or rejected by such particular Owner in advance of the Association's
furnishing or providing the same such that upon such Owner's acceptance of any such labor, services or
materials such Owner shall be deemed to have agreed that the costs and expenses associated therewith
shall be made, levied, imposed, collected and enforced as an Individual Lot Assessment against such
particular Owner and his particular Lot; and
9.11.4 reasonable overhead expenses of the Association associated with any Individual Lot
Assessment, established, made, levied, imposed, collected and enforced pursuant to this Section 9.11,
in an amount not to exceed fifteen percent (15%) of the actual costs and expenses incurred by the
Association for any Individual Lot Assessment specified in this Section.
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9.12 Quorum for Action Authorized Under Sections 9.8. 9.9 and 9.10. The quorum required at any
meeting ofthe Association for any action authorized pursuant to Sections 9.8, 9.9 and 9.10 of this Declaration shall
be as follows: At the first meeting called for the purpose of taking any such action the presence at such meeting,
in person or by proxy, members of the Association entitled to cast fifty percent (50%) of all of the votes of the
members of the members shall constitute a quorum. If the required quorum is not forthcoming at such first
meeting, a subsequent meeting may be called for the same purpose, subject to the notice requirements set forth
in said Sections 9.8, 9.9 and 9.10, and the required quorum at any such subsequent meeting shall be one-half (1/2)
of the required quorum at the first meeting; provided, that no such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
9.13 Uniformity of Assessments. Except for I ndividual Lots Assessments for which provision is made
in Section 9.11 of this Declaration, all Assessments shall be uniformly fixed at an equal amount per Lot and shall
be collected on a uniform basis from the Owner of each Lot. W':
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9.14 Exempt Property. Any property, other than a Lot, which is owned by or dedicated to and aGG:epfed
by any governmental body or agency, shall be exempt from any Assessments. ~ W
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9.15 Subordination of Assessment Lien. The lien of and for all Assessments provided f~n this
Declaration shall be and is hereby made junior, inferior and subordinate in all respects to the lien of any bpqa fide
mortgage held by an Institutional Lender upon a particular Lot. The sale, transfer or conveyance of $1e tM
particular Lot shall not affect the effectiveness, viability or priority of any Assessment lien or the personal-liBbi~
of the Owner of such Lot for the payment of any Assessment; provided, however, that the sale, trarfSfer dS
conveyance of title to a particular Lot pursuant to judicial proceedings in foreclosure of a bona fide first mortgage
on such Lot held by an Institutional Lender shall extinguish the lien of such Assessments (but n9t the personal
liability of the Owner of such Lot) as to payments on account thereof which became due and payable prior to such
foreclosure sale, transfer or conveyance. However, no such foreclosure sale, transfer or conveyance shall relieve
such Lot or the Owner of that Lot from the personal obligation or liability for the payment of any Assessments
accruing or becoming due and payable subsequent to such sale, transfer or conveyance from the lien thereof.
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9.16 Certificate of Assessments Due. The Association shall, upon the request of an Owner or any
other interested party, furnish a certificate executed by its President, Secretary, Treasurer or any other officer
thereunto duly authorized, setting forth whether Assessments payable with respect to a particular Lot have been
paid, the amount of the delinquency, if any, and the amounts of any outstanding and unpaid interest, late charges,
penalties, costs of collection, including attorneys' fees and court costs, if any, associated with any such delinquent
Assessments. A properly executed certificate of the Association as to the status of Assessments, as aforesaid,
shall be binding upon the Association as conclusive evidence of the status of the payment of any Assessment
therein stated to have been paid or to be delinquent as of the date of the issuance of such certificate. The
Association shall be entitled to charge and collect a reasonable fee for and as a condition precedent to the
issuance of any such certificate.
9.17 No Defenses or Offsets. All Assessments shall be payable in the amounts and at the time
specified in any Notice of Assessment and no defenses or offsets against the payment of such amount shall be
permitted for any reason whatsoever, including" without limitation, any claim by an Owner that (i) the Association
is not properly exercising its rights and powers or performing or discharging its duties and obligations as provided
in this Declaration or its By-Laws; (ii) an Owner and his family has made or elected to make no use of the Common
Property; (iii) the Owner and their family have otherwise waived or elected to waive their membership in the
Association; or (iv) the Association has suspended the right, privilege and easement or such Owner and their
family to use the Common Property as provided in Section 8.6 of this Declaration.
9.18 Waiver of Homestead and other Exemptions. Each Owner, by the acceptance of a deed or
other conveyance to his Lot, shall, to the extent permitted by applicable law, be deemed to have waived, to the
extent of any lien for Assessments at any time imposed upon such Lot pursuant to this Declaration, the benefit of
any homestead or similar exemption laws of the State of Florida or the United States of America now in effect or
hereafter enacted.
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ARTICLE 10
NON-PAYMENT OF ASSESSMENTS
10.1 Delinauencv. Any Assessment established, made, levied or imposed by the Association pursuant
to and in accordance with this Declaration which is not paid on its due date shall be delinquent. With reasonable
promptness after any Assessment becomes delinquent, the Association shall provide written notice of such
delinquency to the Owner of the Lot with respect to which such delinquent Assessment has been made, levied and
imposed. If the delinquent Assessment is not paid within ten (10) days following the delivery of such notice of
delinquency, the Association, in its discretion, shall be entitled to immediately impose a reasonable late charge
associated with the administration of such delinquent Assessment. Additionally, any such unpaid Assessment
shall bear interest from the date of delinquency at the highest rate then allowed by the laws of the State of Florida
or such lesser rate as shall be determined by the Board of Directors of the Association, in its discretion.
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10.2 Notice of Lien. The Association shall, at any time following the expiration of a period of,tj;n (.to)
days following the aforesaid delivery of the notice of delinquency, be entitled to cause a Claim of Lien rror sQCh
delinquent Assessments to be filed among the Official Records of the County. Any such Claim of Lieli sKaR,
among other things, state and identify the legal description of the Lot against or with respect to which ttii lien is
claimed, the name of the records Owner of such Lot as best known to the Association as determined wpm its
records. the amount of the lien claimed, including interest, late charges, and costs and expenses associa~ with
collection, including attorneys' fees, if any, accrued to the date of the execution of such Claim of Lien. sUc.WC1i""'-
of Lien shall be executed by the President, Secretary, Treasurer or other officer of the Association thereunto
authorized by the Association or by the attorney for the Association. Within seven (7) days of the recordirlg of
same, a copy of such Claim of Lien shall be sent to the Owner of the Lot against or with respect to which such lien
is claimed by either: (a) United States certified or registered mail with return receipt requested and with postage
prepaid or (b) hand delivery to the owner.
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10.3 Foreclosure of Assessment Lien. The Association shall, at any time subsequent to the filing
of the aforesaid Claim of Lien among the Official Records of the County against or with respect to a particular Lot,
be entitled to bring an action in the Circuit Court of the Eighteenth Judicial Circuit in and for the County, to
foreclose the lien of the Association for delinquent Assessments evidenced by such Claim of Lien in the same
manner as mortgage liens are foreclosed. Any judicial sale pursuant to such foreclosure action shall be conducted
as ordered by the Court or in accordance with the provisions of Section 45.031 Florida Statutes, as amended or
replaced from time to time. The Association shall have the right and power to bid at any foreclosure sale with
respect to any lien foreclosed by it using its judgment for the delinquent Assessment, Association funds, or funds
otherwise borrowed by the Association for that purpose, and if the successful bidder at such foreclosure sale, to
acquire, own, hold, lease. sell, mortgage and convey any Lot upon or with respect to which it has foreclosed its
lien for delinquent Assessments.
10.4 Collection from Owner. The Association shall, at any time following the delivery of the aforesaid
notice of delinquency, also be entitled to bring an action at law for the recovery and collection of such delinquent
Assessment in the Circuit Court of the Eighteenth Judicial Circuit in and for the County, against the Owner of the
Lot personally obligated for the payment of such delinquent Assessment. Each Owner of a Lot shall be deemed
to have agreed and consented to the jurisdiction of said Court over the person of such Owner for purposes of any
action at law for the recovery and collection of any delinquent Assessment for the payment of which he is
personally obligated.
10.5 Judgment Amount. Whether in an action at equity to foreclose the lien of the Association for
delinquent Assessments or in an action at law for the recovery and collection of any such delinquent Assessment
from the Owner of the Lot personally obligated for the payment of the same, the Association shall be entitled to
recover in such proceedings the amount of such delinquent Assessment, together with late charges and interest
thereon, if any, and such costs and expenses, including reasonable attorneys' fees, associated with the
enforcement. recovery and collection thereof as may be awarded by the Court.
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10.6 Remedies Cumulative. The remedies herein provided for the collection and enforcement of
Assessments and the foreclosure of the lien thereafter shall be cumulative and not alternative; it being expressly
provided that any suits brought for the collection of assessments against the Owner personally obligated and liable
for the payment of the same and for the foreclosure of the lien herein provided against the Lot involved may be
brought simultaneously as separate counts in the same action.
10.7 Satisfaction of Lien. Upon payment or other satisfaction of (a) all delinquent Assessments
specified in the Claim of Lien, (b) interest, late charges, costs and expenses of collection, including attorneys' fees,
as aforesaid, which have accrued to the date of such payment or satisfaction, and (c) all other assessments which
have become due and payable with respect to the Lot with respect to which a Claim of Lien has been recorded,
the President, Secretary, Treasurer or other officer of the Association thereunto duly authorized, or the attorney
for the Association, shall cause an appropriate release of such Claim of Lien to be filed and recorded among the
Official Records of the County, upon the payment by the Owner of the Lot with respect to which such Claim of Lien
was recorded of a reasonable fee to be determined by the Association to cover the costs associated withdbe
administration of the satisfaction of such lien including, without limitation, the cost of preparing and recordID9 sUCh
release. ("11 ~
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11.1 Obiects, Purposes and Function. The Association will be created and established forthe~je~
and purposes of and shall have exclusive jurisdiction over and the sole responsibility for the establish mer[" le~,
imposition, enforcement and collection of all Assessments for which provision is made in this Declaration, tl'ie
payment of all Common Expenses, as defined in this Declaration, and the promotion and advancement of the
health, safety and general welfare of the members of the Association; all as more particularly provided in this
Declaration and in the Articles of Incorporation, By-Laws and Rules and Regulations of the Association.
ARTICLE 11
ASSOCIATION - PURPOSES, DUTIES AND POWERS
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11.2 Duties and Powers, Generallv. In addition to those duties and powers conferred by law and
those specified and enumerate din its Articles of Incorporation and By-Laws, the Association shall also have such
duties and powers as are, respectively, imposed and conferred upon its pursuant to this Declaration, including,
without limitation, such duties and powers as may be reasonably implied from, necessary for and incidental to the
accomplishment of the objects and purposes for which the Association has been created and established.
11.3 Duties of Association. The Association, acting by and through its Board of Directors, shall, in
addition to those general and specific duties, responsibilities and obligations imposed upon it by law and those
specified in its Articles of Incorporation and By-Laws, have the following specific duties, responsibilities and
obligations:
11.3.1 Ownership and Management of Common Property. To own, hold, control, administer,
manage, operate, regulate, care for, maintain, repair, replace, restore, preserve and protect all Common
Property, whether real, personal or mixed.
11.3.2 Payment of Common Expenses. To pay all Common Expenses associated with the
management and administration of the business and affairs of the Association and all other Common
Expenses for which provision is made in this Declaration.
11.3.3 LevY and Collection of Assessments. To establish, make, levy, impose, enforce and
collect all Assessments for which provision is made in this Declaration or which shall otherwise be
necessary to provide and assure the availability of such funds as may be reasonably necessary to pay all
Common Expenses or otherwise conduct the business and affairs of the Association.
11.3.4 Other Services. To provide and perform such other services and tasks, the responsibility
for which has been expressly and impliedly delegated to the Association pursuant to this Declaration.
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11.3.5 Insurance. To provide adequate insurance protection on and for the Common Property
and, consistent with their respective duties, responsibilities and liabilities, provide adequate insurance
protection on and for the Association itself and on and for its members, officers and directors, as well as
for the members of the ARB established pursuant to this Declaration.
11.3.6 Preserve and Enhance Beauty of Arrowhead. To preserve, protect, maintain and
enhance the appearance and natural beauty of the Common Property and the Arrowhead community
aenerally.
11.3.7 Promotion of Health. Safety and Welfare. To advance, promote, enhance and protect
the health, safety and general welfare of the members of the Association, the residents of Arrowhead;
provided, however, that the Association shall be and hereby is specifically prohibited from engaging in ~
political activity or any other activity whereby its status as a corporation not-for-profit or its exemptieq froOll
Federal or state income taxation, if any, shall be forfeited or jeopardized. .." -~-
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11.3.8 Establish and Enforce Rules and Reaulations. To make, establish, promulg<ii and
publish, and to enforce such rules and regulations for the protection and governing the use of the C~mon
Property as the Board of Directors of the Association deems to be in the best interest of the AssQC:lation
and its members. p ~
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11.3.9 Other Activities. To engage in any and all other activities permitted to be engageldin~-,
a corporation not-for-profit under the laws of the State of Florida as may be necessary or appropriate for
the achievement of the objects and purposes for which the Association has been created, formed and
established.
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11.3.10 Operate Without Profit. To operate without profit for the sole and exclusive benefit of
its members and the Arrowhead community generally.
11.3.11 Surface Water Manaaement System The Association shall be responsible for the
maintenance, operation and repair of the surface water or stormwater management system. Maintenance
of the surface water or stormwater management system(s) shall mean the exercise of practices which
allow the 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. Any repair or
reconstruction of the surfaces water or stormwater management system shall be as permitted or, if
modified, as approved by the St. Johns Water Management District.
11.4 Powers of Association. The Association, acting by and through its Board of Directors, shall, in
addition to those general and specific powers conferred upon it by law and those powers specified in its Articles
of Incorporation and By-Laws, have the following specific powers:
11.4.1 Own and Deal with Common Property. Except as may be limited by the terms of this
Declaration and the Articles of Incorporation and By-Laws of the Association, to acquire, own, hold,
control, administer, manage, operate, regulate, care for, maintain, repair, replace, restore, preserve,
protect, buy, sell, lease, transfer, convey, encumber or otherwise deal in or with real or personal property
(or any interest therein, including easements), which is, or upon its acquisition by the Association shall
thereupon become Common Property as defined in this Declaration.
11.4.2 Levy and Collect Assessments. To establish, make, levy, impose, enforce and collect
all Assessments and impose, foreclose and otherwise enforce all liens for Assessments for which provision
is made in this Declaration and the Articles of Incorporation and By-Laws of the Association.
11.4.3 Establish Reserves. To create, establish, maintain, and administer such capital
expenditure reserve and other reserve funds or accounts as shall, in the discretion of the Board of
Directors, be reasonably necessary to provide and assure the availability of the funds necessary for the
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care, maintenance, repair, replacement, restoration, preservation, and protection of all Common Property,
including all easements and facilities, and for such other purposes as the Board of Directors of the
Association, in its reasonable discretion shall deem necessary or appropriate.
11.4.4 Sue and Be Sued. To sue and be sued and to defend any suits brought against it.
11.4.5 Borrow Money. Subject to the limitations specified in Section 11.5 ofthis Declaration and
in the Articles of Incorporation of the Association, to borrow such money as may reasonably be required
to discharge and perform the duties, responsibilities and obligations imposed upon the Association
pursuant to this Declaration and the Articles of Incorporation of the Association. W
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11.4.6 Employ and Contract. To employ such persons or to contract with such ind~ndent
contractors or managing agents as shall be reasonably required in order for the Association to cl{fry &ul,
perform and discharge all or any part of its duties, obligations and responsibilities pursuanEio this
Declaration and the Articles of Incorporation of the Association; provided, however, that aJiM such
employment contract or contract with any independent contractor or managing agent for a term ci m~
than one (1) year shall, by its express terms, be terminable (i) for cause at any time upon not m~ t1(35
thirty (30) days written notice by the Association and (ii) without cause at any time after one (1) ye~ up~
not more than sixty (60) days written notice by either party; and, provided further, that any such eontr~
shall otherwise be subject to the provisions of Section 11.5 of this Declaration.
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11.4.7 Proyide Insurance. To provide and contract for such insurance protection on and for the
Association and the Common Property and, consistent with their respective duties, responsibilities and
liabilities, on and for the members, officers and directors of the Association as well as on and for the
members of the ARB established pursuant to this Declaration.
11.4.8 Provide Public or Quasi Public Services. To itself provide equipment, facilities and
personnel for or to contract with an independent contractor or independent contractors for such public or
quasi-public services as may be deemed by the Association to be reasonably necessary or desirable for
the common health, safety and general welfare of the residents of Arrowhead generally.
11.4.9 Enforce Declaration. To take such steps as may be necessary to enforce the provisions
of this Declaration, including, without limitation the employment of counsel and the institution and
prosecution of litigation to enforce the provisions of this Declaration including, without limitation, such
litigation as may be necessary to collect assessments and foreclose liens for which provisions are made
in this Declaration.
11.5 Limitations and Restrictions on Power of Association. In addition to such other restrictions
or limitations on the powers of the Association as may be imposed by law, elsewhere in this Declaration or in the
Articles of Incorporation or By-Laws of the Association, and without limiting the generality of any thereof, the
Association shall be prohibited from taking any of the following actions without the prior approval of a majority of
the total voting power of the Association:
11.5.1 Contracts for a Term in Excess of One Year. The entry into any employment contracts
or other contracts for the delivery of services or materials to the Association having a term in excess of
one (1) year, except in the case of prepaid insurance, casualty or liability contracts or policies for not more
than three (3) years duration; provided that the applicable contract or policy provides for and permits short
rate cancellation by the insured.
11.5.2 Pledge of Assessment Rights. The borrowing of any funds secured by a pledge,
assignment or encumbrance of the right and duty of the Association to exercise its power to establish,
make, levy, impose, enforce and collect any Assessments for which provision is made in this Declaration
whereby as a result of such pledge, assignment or encumbrance such right and power of assessment may
be exercised by a party other than the Association or whereby the Association shall become obligated to
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establish, levy, enforce and collect any Assessment or Assessments in a particular amount or within a
particular time so as to effectively divert from the Association and its Board of Directors the right, duty and
discretion to establish, make, levy, impose, enforce and collect Assessments in such amounts and within
such time periods as the Board of Directors of the Association, in its discretion, shall deem to be necessary
and reasonable. It is expressly provided, however, that the foregoing limitation and restriction upon the
pledge, assignment or encumbrance of the assessment rights herein contained shall not preclude the
Association from pledging or making an assignment of or otherwise encumbering any Assessment which
is then payable to or which will thereafter, in the ordinary course of the Association's business, become
payable to the Association provided that any such assignment, pledge or encumbrance, though then
presently effective, shall allow and permit any such Assessments to continue to be paid to and used by
the Association as set forth in this Declaration unless and until the Association shall default on the
repayment of the debt which is secured by such pledge, assignment or encumbrance. ~
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11.5.3 Sale or Transfer of Real Property. The sale, transfer or other disposition, w~ef?;
not for consideration, of any real property owned by the Association as Common Property; prIYidecr,
however, in no event shall the Association be entitled or empowered to sell, conveyor transfer pay real
property constituting Common Property transferred and conveyed by the Developer to the Assotliation
pursuant to the provisions of this Declaration without first receiving the prior written conseng>f tba
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11.5.4 Payment of Compensation to Officers or Directors. The payment to the electeQ),
directors or to officers of the Association for services performed in the conduct of their duties as such
director or officer of the Association; provided, however, that nothing herein contained shall preclude the
Association from reimbursing any such elected director or officer for reasonable expenses actually incurred
and paid by any such elected director or officer in the conduct of the business and affairs of the
Association; and provided, further, that nothing herein contained shall preclude the employment by the
Association and payment of compensation to a manager or executive director of the Association who shall
not be an elected director or officer of the Association.
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ARTICLE 12
ASSOCIATION: MEMBERSHIP AND VOTING RIGHTS
12.1 Membership. Every Owner shall automatically and mandatorily be a member of the Association
upon becoming an Owner. Additionally, the Developer shall automatically and mandatorily be a member of the
Association. Membership may not be refused, waived or surrendered, but a member's voting rights and use and
enjoyment of the Common Property may be regulated or suspended as provided in this Declaration and the
Articles of Incorporation, By-Laws and rules and regulations of the Association.
12.2 Transfer of Membership. Membership in the Association shall be appurtenant to and may not
be separated from the ownership interest of an Owner in the Lot, piece, parcel or tract of land within the Subject
Property owned by such Owner. The membership of an Owner in the Association shall not be transferred, pledged
or alienated in any way, except that such membership automatically be transferred and assigned to a transferee
upon the transfer of the ownership interest required for membership in the Association. The Association shall have
the right to record any such automatic transfer upon the books and records of the Association without any further
action or consent by the transferring Owner or any transferee Owner. Any attempt to make a prohibited transfer
of membership, however, shall be void and of no force and effect and will not be reflected upon the books and
records of the Association.
12.3 Members' Riahts. The rights of every member of the Association shall be subject to and
governed by the terms and provisions not only of this Declaration, but, in addition, shall at all time be subject to
the terms and provisions of the Articles of Incorporation, By-Laws and Rules and Regulations of the Association.
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12.4 Builders Excluded. A builder or building contractor who, in the normal course of his or its
business, purchases and thereby becomes the record Owner of a Lot for the purposes of constructing thereon a
residential dwelling and related improvements for resale to and occupancy by a third party, shall thereby become
a member of the Association.
12.5 Votina Riahts. An Owner's right to vote shall vest immediately upon such Owner's qualification
for membership as provided in this Declaration and the Articles of Incorporation and By-Laws of the Association.
All voting rights of a member shall be exercised in accordance with and subject to the restrictions and limitations
provided in this Declaration and in the Articles of Incorporation, By-Laws and Rules of the Association. (j') :..:.J
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12.6 Classes ofVotina Membership; Number of Votes. The Association shall have two (2)irIaSge~
of voting membership as follows: a
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12.6.1 Class A. Class A members shall be all Owners of Lots with the exception~f the
Developer, until Class B membership has been converted to Class A membership, as provided in secti~
12.6.2 ofthis Declaration and in the Articles of Incorporation of the Association, and after such con'1B"siQ!lj
all Owners of Lots shall be Class A members. Class A members shall be entitled to one (1) vote f&"" ea~
Lot in which they hold the ownership interest required for membership; provided, however, that in the event
that two (2) or more contiguous Lots or one (1) Lot and a portion of another Lot are owned in common by
the same Owner and combined, developed and improved by such Owner as a single unified residential
homesite, the Owner of any such combination of Lots shall only be entitled to one (1) vote for each such
combination of Lots so owned. When more than one person or entity holds the ownership interest required
for membership in the Association, each such person or entity shall be a member, but the single vote of
such members with respect to the Lot owned by them shall be exercised as they, among themselves,
determine. However, in no event shall more than one (1) Class A vote be cast with respect to any Lot
which is owned by more than one person or entity. The Association may, but shall not be obligated to,
recognize the vote or written assent of any co-owner of a Lot, but the Association shall recognize the vote
or written assent of a particular co-owner who or which is designated by all co-owners entitled to cast the
vote attributable to the Lot owned by such co-owners, provided that such written designation shall be
delivered to the Association not less than twenty-four (24) hours prior to the taking of the particular vote
in question.
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12.6.2 Class B. The Class B member shall be the Developer. The Class B member shall be
entitled to one (1) vote for each Lot in which the Developer holds the ownership interest required for
membership; provided, however, that Class B membership shall cease and be converted to Class A
membership when the total votes outstanding in Class A membership equals the total votes outstanding
in Class B. Membership at which time Class B membership shall be terminated and the Class B member
shall be entitled and required to vote as a Class A member.
12.8 Approval bv Members. Unless elsewhere otherwise specifically provided in this Declaration or
the Articles of Incorporation or By-Laws of the Association, any provision of this Declaration of the Articles of
Incorporation and By-Laws of the Association which requires the vote or approval of a majority or other specified
fraction or percentage of the total voting power of the Association or any class or classes of membership therein
shall be deemed satisfied by either, both or a combination of the following:
12.7.1 The vote in person or by proxy of the majority or other specified fraction or percentage of
the membership at a meeting duly called and noticed pursuant to the provisions of the By-Laws of the
Association dealing with annual or special meetings of the members of the Association.
12.7.2 Written consents signed by the majority or other specified fraction or percentage of
members.
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ARTICLE 13
EASEMENTS
13.1 Easements Generallv. The Developer, on behalf of itself and for the benefit, where so stated,
of the County, the City, the Association, all Owners, the Club Owner, and other specified parties, and also for the
benefit of all real property from time to time included within the Subject Property, hereby creates, declares and
reserves the following easements upon those affected portions of the Subject Property hereinafter specifie~'...d
13.2 Utility Easements. There are hereby created, declared, granted and reserved for the benefi~ ~ ~
the Developer, the Club Owner, the County, the City, the Association, all Owners and any public oqriv~ ~~
providers of utility services to the Subject Property and their respective successors and assigns an non-e~sive j;
easement for utility purposes over, under, within and upon all other utility easements and easement area~own r-
on the Plat or Declaration for the purposes of constructing, installing, inspecting, maintaining, repairing and :Xl
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replacing from time to time any and all utility lines, systems and facilities from time to time located th~in .Q.I:.. ("')
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13.3 Drainaae Easements. There is hereby created, declared and reserved for the benefit~f thfafl. ITlV>
Developer, the Association and all Owners a non-exclusive easement for storm water collection, retention,
detention and drainage over, upon and within all drainage easements shown on the Plat or otherwise reserved,
declared or created pursuant to this Declaration, together with an easement and license to enter upon such
easements and easement areas for the purposes of constructing, installing, inspecting, maintaining, repairing and
replacing any and all storm water drainage systems, improvements and facilities from time to time located therein
or thereon. Additionally, the Developer for the benefit of itself, the Association and all Owners hereby reserves
easement over any and all other portions of the Subject Property; provided, however, that any such additional
drainage easements shall not unreasonably interfere with the use and enjoyment by any Owners of the particular
Lots or any Improvements from time to time placed, located, constructed, erected or installed thereon. The Club
Owner has also created certain drainage easements for the benefit of Arrowhead on the Club property as depicted
on the Plat and separate drainage easement plats. In addition to the foregoing, the Association shall have a
perpetual non-exclusive easement over all areas of the surface water or stormwater management system for
access to operate, maintain or repair the system. By this easement, the Association shall have the right to enter
upon any portion of any lot which is a part of the surface water or stormwater management system, at a reasonable
time and in a reasonable manner, to operate, maintain or repair the surface water or stormwater management
system as required by the St. Johns River Water Management District permit. Additionally, the Association shall
have a perpetual non-exclusive easement for drainage over the entire surface water or stormwater management
system. No person shall alter the drainage flow of the surface water or stormwater management system, including
buffer areas or swales, without the prior written approval of the St. Johns River Water Management District.
13.4 Access and Drainaae Easement. There is hereby created, declared, granted and reserved for
the benefit of the City, a non-exclusive easement over and upon all drainage easements comprising an
appurtenant to the Surface Water Management System for the purpose of undertaking emergency maintenance
and repairs to the Surface Water Management System in the event that inadequate maintenance or repair of the
Surface Water Management System shall create a hazard to the public health, safety or general welfare. To the
extent that the City or the St. Johns River Water Management District shall in fact undertake any such emergency
work because of inadequate maintenance and repair by the Association, the City shall have a lien upon the
Common Property as security for the payment by the Association of those costs reasonably incurred by the City
in connection therewith. It is expressly provided, however, that the creation, declaration and reservation of such
Emergency Access and Drainage Easement shall not be deemed to impose upon the City or the St. Johns River
Water Management District any obligation, burden, responsibility or liability to enter upon the Subject Property or
any portion thereof to take any action to maintain or to repair the Surface Water Management System or any
portion or portions thereof.
13.5 Side Yard Drainaae and Utilitv Easements. There is hereby created, declared, granted and
reserved for the benefit of the Developer, the Association, all Owners and all public or private providers of utility
services to the Subject Property and their respective successors and assigns a non-exclusive easement for
29
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drainage and utility purposes in that area which is adjacent to and within seven and one-half (7.5') feet on either
side of any side boundary or lot line and long all rear lot lines, except adjacent to street rights of way, unless
otherwise shown on the Plat. It is expressly provided, however, that to the extent that any two (2) or more
contiguous Lots or portions of contiguous Lots which share a common side yard Lot or boundary line are owned
in common by a single Owner and are combined, developed and improved by the Owner thereof as a single unified
residential home site, any Side Yard Drainage and Utility Easement lying adjacent to the boundary between the
Lots so combined shall automatically be terminated, cancelled and extinguished without the requirement of any.....)
separate instrument and without the necessity for the joinder of the Developer, the Association or the City; provided..:) OJ 0
and to the extent that any such side yard Drainage and Utility Easement is not then in use. ~ + g~
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13.6 Golf Course Easement. The Lots are located within a golf course community and wi~e :P
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subjected to the usual and common noise level associated with playing the games of golf, tennis and swim~g
and with maintenance of the Club, including, but not limited to, such odors and noises caused by any machi~ry
and equipment used in maintaining the Club. Such noise may occur on or off the Club facilities, including early - -0
morning and late evening. There is hereby created, declared, granted and reserved for the benefit of the ~b ~ ~
Owner, and its employees, agents, invitees, members and guests a non-exclusive easement with respect to sUCh 0')" rn
noise and for ingress and egress, to, from and over and upon all portions of the Subject Property, which are ..
located nearby and adjacent to the Club property for the purpose of allowing golf balls to travel over and into and
to come to rest upon and be retrieved from any and all portions of the Subject Property. Neither the Developer,
nor the Club Owner nor their respective employees, agents, invitees' members or guests shall have any liability
or responsibility whatsoever for any property damage occasioned by or personal injury to any person, whether an
Owner, a member of such Owner's family or any employee, guest or invitee of such Owner, who or which is
accidentally struck by a golf ball which shall travel beyond the boundaries of the golf course located on the Club
property. Moreover, the travel, entry within and coming to rest of golf balls over, upon or within any property
nearby or adjacent to the Club property shall not be deemed to be or constitute a nuisance or hazard to the health,
safety or welfare of any Owner and no injunctive relief or damages therefor shall be recoverable by any party or
granted by any court; it being expressly agreed by each Owner that the risk of such personal injury or damage to
property has been assumed by such Owner on behalf of himself, the members of his family and his employees,
guests and other invitees at the time of the acceptance of a deed or other conveyance to a Lot.
13.7 Berm and Swale Easements. There is hereby created, declared, granted and reserved for the
benefit ofthe Developer, the County, the City, the Club Owner and the Association a drainage easement over and
upon all berm and swale easement areas, if any, ~hown on the Plat, together with an easement and license to
enter upon such berm and swale easement areas for the purposes of constructing, installing, inspecting,
maintaining, repairing or replacing environmental berms and swales and their associates storm water drainage
retention/detention areas constituting a part of the Surface Water Management System for the Subject Property.
Alteration and/or removal of the berm, swale and associated storm water retention/detention system constructed
and installed within such berm and swale easement areas shall be prohibited. The Developer has constructed a
drainage swale upon certain Lots for the purpose of managing and containing the flow of excess surface water,
if any, found upon such lot from time to time. Each Lot Owner, including builders, shall be responsible for the
maintenance, operation and repair of the swales on the Lot. Maintenance, operation and repair shall mean the
exercise of practices, such as mowing and erosion repair, which allow the swales to provide drainage, water
storage, conveyance or other stormwater management capabilities as permitted by the St. Johns River Water
Management District. Filling, excavation, construction of fences or otherwise obstructing the surface water flow
in the swales is prohibited. No alteration of the drainage swale shall be authorized and any damage to any
drainage swale whether caused by natural or human-induced phenomena, shall be repaired and the drainage
swale returned to its former condition as soon as possible by the Owner(s) of the Lots(s) upon which the drainage
swale is located.
13.8 Association Easement. There is hereby created, declared and granted to the Association, such
easements over and upon all or any portion of the Subject Property, as may be reasonably necessary to permit
the Association to carry out and discharge its duties, obligations and responsibilities under and pursuant to this
Declaration and the Articles of Incorporation, By-Laws and Rules and Regulations of the Association.
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13.9 Common Property Easement. There is hereby created, declared, granted and reserved for the
benefit of the Developer, the Association of each Owner a non-exclusive easement upon and the right and privilege
of using any or all of the Common Property, if any.
13.10 Effluent Water Irri~ation Easement and Covenant. For the benefit of the City and the Club
Owner, each Lot Owner shall be ob~gated to irrigate (and pay the applicable recurring fees established by the City
for such effluent) the landscaped areas of his/her Lot with effluent water provided through the mains constructed
for such purpose by the Developer, City or Club Owner. The rules and procedures for such irrigation and the fees
shall be established by the City in its discretion, including but not limited to a requirement to spray a design~3d
minimum amount of effluent water on each Lot, irrespective of the amount of rainfall which may have occur~.
Nothing herein contained shall obligate the City, or the Declarants to provide such effluent water to the~ots+.-
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13.11 Construction and Sales Easement. Developer reserves for its benefit and for the bsr.:lefit of
its' agents, employees, builders, contractors and other parties, and easement for construction activities, m~eting
and sales, signs and a sales and administrative center from which Developer and its' authorized ageffis and
builders may engage in sales and construction activities during the development and sales of Arrowhecg lfle
location may be changed from time to time by the Developer in its' sole discretion. .." 0)
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ARTICLE 14
ARCHITECTURAL AND LANDSCAPE CONTROL
14.1 Reservation of Architectural and Landscape Control. To ensure that the development of
Arrowhead will occur with construction of the highest quality in accordance with consistently high architectural,
ecological, environmental and aesthetic standards to create and thereafter maintain, preserve and protect within
Arrowhead a unique, pleasant, attractive and harmonious physical environment, the Developer hereby reserves
exclusively unto itself, for the duration hereinafter specified, the right, privilege, power and authority to review,
approve and control the design, placement, construction, erection and installation of all Improvements of any kind,
nature of description, including landscaping, upon all Lots and all Common Property. Such control of the
Developer shall be exercised through the Board in the manner hereinafter provided in this Article.
14.2 Architectural Review Board Established. The Association at all times shall have the ARB as
a standing committee, consisting of at least three (3) persons. ARB members are appointed by, and serve at the
pleasure of, the Board, unless the Board from time to time constitutes itself as the ARB. The Board from time to
time may designate alternate members, to serve in the absence of any regular member. Absent Board action to
the contrary, the Board is deemed to have constituted itself as the ARB. ARB members need not be Directors of
the Association or Association members. No ARB member is entitled to compensation for services performed;
but the Board may employ independent professional advisors to the ARB and allow reasonable compensation to
such advisors from Association funds. Any ARB action may be taken by a simple majority of its members, with
or without a formal meeting or joint deliberation, so long as each member is informed in advance of the action
proposed.
14.3 ARB Authoritv. The ARB has full authority to regulate the exterior appearance of the Lots and
Improvements to: (i) assure harmony of external design and location in relation to surrounding buildings and
topography; and (ii) to protect and conserve the value and desirability of the Subject Property as a residential
community. The power to regulate includes the power to prohibit those exterior uses, structures, conditions or
activities inconsistent with the provisions of this Declaration or otherwise contrary to the best interests of all
Owners in maintaining the value and desirability of the Subject Property as a residential community. The ARB's
authority includes any matter affecting the exterior appearance of Lots and Improvements.
14.4 ARB Approval. No building, improvement, structure, addition, landscaping, attachment, condition,
excavation, alteration, or change (including any color change) may be made, installed, maintained, restored, or
permitted to remain on or to the exterior of any Lot, unless made, installed, maintained, or restored, as the case
may be, substantially in compliance with plans and specifications reviewed and approved by the ARB in advance.
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Notwithstanding the foregoing, ARB approval is not required for (i) restoration of any previously approved building,
structure, or other item that is substantially identical in all respects to the original work, as approved, or (ii) for any
item that is concealed from view from the frontage streets, the Club property and any adjoining Lots by
improvements, structures, fencing, vegetation, or other items previously approved by the ARB.
14.5 Obiective Standards. In addition to any other express standard that may be provided by this
Declaration, all actions by the ARB must: (i) assure harmony of external design, materials, and location in relation
to surrounding buildings, trees and topography within the Subject Property; and (ii) protect and conserve the v.alJlIe
and desirability of the Subject Property as a residential community; and (iii) not conflict with the express Pffivisi01lls
of this Declaration, the Articles and the By-Laws; and (iv) otherwise be in the best interests of all Owner&ln
maintaining the value and desirability of the Subject Property as residential community, and the best ir1&re~f
the Club and Club Owner. ~
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14.6 Rules and Reaulations. The ARB from time to time may adopt and amend reasonable, cI=VIiform
rules and regulations as to all matters within the scope of its authority, including procedural matters, and may adSiiii
and amend Design Standards at any time and from time to time, with any such adoption or amendment to be1wit:@l
the sole and absolute discretion of the ARB, so long as such rules and regulations and any amendment~to ~
Design Standards are: (i) consistent with the provisions of this Declaration, the Articles, and the By-Laws; andll1)
if the Board has not constituted itself as the ARB, approved by the Board before taking effect. Rules and
regulations adopted pursuant to this Section have the same force and effect as the Association's other rules and
regulations and are enforced by the Board in the name of the Association.
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14.7 Subiective Judament. In addition to complying with the objective standards of this Declaration,
any applicable Design Standards, and any applicable rules and regulations, Developer specifically intends the ARB
members to exercise an informed, subjective aesthetic judgment as to any matters within the ARB's authority that
is conclusive and binding upon any person affected, absent bad faith, mistake, or deliberate, intentional
discrimination that cannot be justified on any rational basis. Without limitation, and in recognition of the fact that
each Lot is unique, no ARB action with resect to any particular Lot necessarily is of any precedential value with
respect to any other Lot. Specifically, the fact that the ARB may have approved or denied a particular installation,
condition, activity, or item with respect to any particular Lot does not, by itself, constitute grounds for requiring such
approval or denial with respect to any other Lot. Each application for ARB action must be evaluated on its own
merits, with the ARB exercising the broadest discretionary judgment that is consistent with the requirements of this
Declaration. The intention is not to discourage creativity upon the builders and Lot Owners nor to impose a uniform
appearance within Arrowhead. The ARB's right to disapprove any proposed matter for any reason shall not be
precluded by the inclusion of any recommendation in this Declaration. Questions with regard to interpretation of
any subject shall be directed to the ARB, which will make every effort to clarify and interpret the covenants and
guidelines.
14.8 Review. The Board from time to time may appoint one or more persons to make preliminary
review of any applications to the ARB and report such applications with such person's advisory recommendations
for ARB action. If the Board has not constituted itself as the ARB, provision must be made for review by the Board
of ARB decisions at the request of the applicant, subject to such reasonable limitations and procedures as the
Board considers appropriate. The Association's procedures for review and enforcement of the provisions of this
Article in all events and at all times must provide any affected person with reasonable advance notice and a
reasonable opportunity to be heard in person and through appropriate representatives of such persons's choosing
in a reasonably impartial manner. The design and construction review process includes Conceptual Approval,
Final Approval and Inspection of Improvements, inCluding but not limited to the analysis of a Lot based on its
orientation and natural features, and the siting of a home on the Lot and proposed hardscape and landscape
elements; the style, building materials, detailing and colors; and directions to be followed by the builder to assure
the quality of construction and the maintenance of a well kept job construction site.
14.9 Conceptual Approval. The plans and materials for all Improvements are submitted to and
reviewed by the ARB before construction may begin. Application forms are available from the ARB, which forms
furnish the ARB with the basic information needed to review plans, and function as a checklist so that all design
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aspects are considered. A Conceptual Approval shall not constitute approval for the commencement of
construction. A Conceptual Approval is not mandatory, but shall be provided as a convenience for the Lot Owners
and builders. Three (3) sets of the following shall be submitted for Conceptual Approval (which shall be designed
by a licensed architect or person of comparable professional competence): (i) conceptual site plan reflecting the
approximate dimensions and locations of any and all improvements; (ii) floor plan concept; (iii) concept exterior
elevations; (iv) concept landscape plan; and (v) any and all other data, information and drawings as reasonably
requested by the ARB.
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14.10 Final Approval. No construction of any Improvement shall be commenced upon any Lot un~ hemo
final specifications and plans reflecting the proposed nature, design, shape, kind, color, size, materials al'Jdlloc n o-r,
of same have been submitted to and received Final Approval by the ARB. Construction must comme~e ..yr~qin ~~
ninety (90) days from date of Final Approval or Final Approval is void. Should Final Approval be granteflfsuOject ~
to conditions, such conditions shall be satisfied within sixty (60) days of issuance or Final Approval shafEbe void. r
Submittals for Final Approval include a minimum of three (3) sets of the following (which shall be designed by a :::0
licensed architect or person of comparable professional competence): (i) plans, types of materials, eleva@nS-aRd ~
other information associated with any other ornamentation or other site improvement, including exterior IightilQJ, ~~
mailboxes, walls, fencing and screening, decks, patios, pools, porches and sign age; (ii) color pieces and;sli~ C>~
of all exterior finishes and materials to be incorporated into the plan; (iii) plans at a minimum scale of 1/4" equallitilJ CTI
1'0" for all cross section, floors and elevations including projections and wing walls showing total square feet of
air conditioned living areas; (iv) irrigation and landscape plans at a minimum scale of 1" equalling 20' stating the
type, size and location of existing tree and proposed New Tree locations; the location of all planting areas including
existing plant materials incorporated into the plan; the quantity, size and specie of all stock at the time of planting;
also an irrigation plan including the water source supply; location and size of any trees having a diameter of two
(2") inches or more proposed to be removed from the site; (v) site plan at a minimum scale of 1" equalling 20'
reflecting a grading and clearing scheme with proposed and existing land grades, contours and flow of the site
drainage system; and the locations and dimensions of all building, access drives, parking, utilities (water, power,
septic system, telephone, cable, etc.), street pavement location and all other proposed improvements to said site.
Site plans shall show the location of existing storm water inlets, street lights and telephone, cable T.V. and electric
power junction boxes; and data, drawings and other such information as may be requested by the ARB. The ARB
may require a rough stakeout of the proposed construction prior to providing Final Approval.
14.11 Inspection and Construction. Construction of all Improvements must be commenced not later
than three (3) months (or such longer time period as the ARB may specify) from the date that the ARB issues its
written approval of the final plans and specifications therefor. If construction does not commence within such
period, the plans and specifications must once again be reviewed and approved by the ARB and any prior approval
of the same by the ARB shall no longer be binding on the ARB. Upon commencement of construction, such
construction shall be prosecuted diligently, continuously and without interruption to completion within a reasonable
time; but in no event more than eight (8) months from the date of the commencement of such construction. The
ARB may extend the period permitted for construction, as aforesaid; provided that the Lot Owner and general
contractor involved make written application for such extension stating the reasons for the requested extension
of time and the ARB determines that the request is reasonable and the extension is warranted. Upon completion
of construction, a Lot Owner or builder shall give written notice to the ARB using the transmittal form provided by
the ARB. The ARB will retain the right to enter upon and inspect any property at any time before, during or after
the completion of work for which approval is required. With reference to the completion of construction notice
supplied to the ARB, a final survey and a copy of the certificate of occupancy for the newly constructed
Improvement shall be attached to same. Upon completion of construction, the ARB will complete a formal
inspection of the home and site improvements. Intermediate inspections may also be done by the ARB at any time
during construction to verify compliance with the approved construction drawings. As soon as a foundation survey
is obtained, a copy is to be forwarded to the ARB. No foundation for a building shall be poured unless the same
complies with the site plan approved by the ARB.
14.12 Applications. Any applications for ARB approval must be accompanied by three (3) sets of plans
and specifications, together with such renderings, samples, models, and other information as the ARB reasonably
may require.
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14.13 Procedure. Within thirty (30) days after receiving an application, the ARB either must approve
the application submitted or notify the application of (1) the ARB's intent to deny the application, or (ii) any
additional plans, specifications, drawings, or other items that the ARB will require to act upon the application, or
(iii) both of the foregoing. The ARB's failure to so notify the applicant operates as an approval of the application
as submitted. Upon receiving the foregoing notice, the applicant may request a hearing before the ARB, at which
the applicant, personally and through representatives of the applicant's choosing, is entitled to a reasonable
opportunity to be heard in a reasonably impartial manner, after reasonable advance notice. No particular formality
is required for any of the ARB's proceedings, including any hearing, nor is any record required other than a wrl~n
statement fairly summarizing the material features of any ARB action. Unless the applicant agrees otherwise,::1be
ARB must approve or disapprove any application within thirty (30) days after receipt. g~ ~
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14.14 Approval. The ARB's approval is deemed given under any of the following circumstanceS (i) the
ARB fails to deny any application within thirty (30) days after receipt, unless the applicant agrees to a longterperiod
of time; or (ii) the committee fails to notify the applicant of its intent to deny an application, or thaLJurther
information is required, within thirty (30) days after receipt of an application, as provided in the preceding ~ctlmr,
or (iii) no suit, action, or other proceeding is instituted by the Association within one year after su~arffiQ
completion with respect to any use, activity, structure, installation, condition, or other item installed, mai6fain~
or restored without application to the ARB. In all other events, the ARB's approval must be in writing and endorsea
upon two sets of the plans and specifications, one of which must be returned to the applicant and one retained in
the Association's permanent records for a period of at least five years. Upon completion of the approved work,
the applicant and any architect, engineer, contractor, or other reasonable professional must certify to the
Association in writing that the work has been completed substantially according to the approved plans and
specification; and no statute of limitations begins to run in favor of Owner or other applicant with respect to any
substantial non-conformity to the approved plans and specifications until such certificate is filed.
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14.15 Chanaes. Any material change to any plans and specifications previously approved by the ARB
also must be approved by the ARB as provided in this Article, except that the ARB will expedite, to the extent
practical, any such application that is made while construction is in progress. The ARB in no event is required to
act upon any such application in less than ten (10) days.
14.16 Noncompliance and Notice of Action. This Declaration has granted to the ARB vast
discretionary powers regarding the removal or remedy of any noncompliance. Should the ARB discover that any
Improvement was not constructed or performed in substantial compliance with the submittals that received final
approval, the Association or the ARB may remove or remedy the noncomplying improvement and charge the
action to the Lot Owner or builder. No suit, proceeding, or other action to enforce the provisions of this Article may
be commenced or continued, nor may any of the provisions of this Article be enforced, against any person who
acquires any interest in a Lot without actual knowledge that a building or other structure (including walls and
fencing) was installed, maintained, or restored, as the case may be, in violation of the requirements of this Article
unless such suit, action, or other proceeding is commenced within one year after such building or other structure
was substantially complete and a lis pendens or other notice of the pendency of such action is recorded within
such time period. No such action may be commenced, continued, or otherwise enforced against any purchaser
or creditor who acquires an interest in, or a lien upon, any Lot for value, other than pre-existing indebtedness, and
without actual knowledge of any such violation, if such purchaser or creditor obtained a statement under oath from
the applicable Owner that no violation existed on such Lot at the time value was given or paid. Upon payment of
any reasonable uniform charge that the Association from time to time may impose to defray its costs, the
Association within ten (10) days after request will issue an appropriate certificate of compliance or noncompliance,
as the case may be, with the provisions of this Article that is binding and conclusive as to the information it sets
forth upon both the Association and any person without actual knowledge to the contrary.
14.17 Developer Action. Notwithstanding any provision of this Article, no ARB approval is required for
any residential dwelling or any of its appurtenances constructed by Developer on any Lot as part of the
development of Arrowhead, so long as it otherwise conforms to the applicable requirements of this Declaration.
The foregoing exemption is for the exclusive benefit of a Developer and may not be extended by a Developer to
any building or any Owner other than a Developer.
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14.18 Exculpation for Approval or Disapproval of Plans. Developer, any and all members ofthe ARB
and any and all officers, directors, employees, agents and members of the Association, shall not, either jointly or
severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever
or whatsoever by reason or on account of any decision, approval or disapproval of any plans, specifications or
other materials required to be submitted for review and approval pursuant to the provisions of this Article, or for
any mistake in judgment, negligence, misfeasance or nonfeasance related to or in connection with any such
decision, approval or disapproval. Each person who shall submit plans, specifications or other materials to the
ARB for consent or approval pursuant to the provisions of this Article, by the submission thereof, and each Owner
by acquiring title to any Lot or any interest therein, shall be deemed to have agreed that he or it shall not be enti~d
to and shall not bring any action, proceeding or suit against the Developer, the ARB, the Club Owner,:~e
Association nor any individual member, officer, director, employee or agent of any of them for the pU~p'ps~f
recovering any such damages or other relief on account of any such decision, approval or disappro~
Additionally, plans, specifications and other materials submitted to and approved by the ARB, or by Dev~er or
Board of Directors of the Association on appeal, shall be reviewed and approved only as to their complia~ with
the provisions of this Declaration and their acceptability of design, style, materials, appearance and locatiofi'ln light
of the standards for review and approval specified in this Declaration and the Design Standards, and shaf0,ot-be
reviewed or approved for their compliance with any applicable Governmental Regulations, including, ~ithQ)
limitation, any applicable building or zoning laws, ordinances, rules or regulations. By the approval of a~ sLlQll'
plans, specifications or materials, neither the Developer, the ARB, the Association, nor any individual member,'
officer, director, employee or agent of any of them, shall assume or incur any liability or responsibility whatsoever
for any violation of Governmental Regulations or any defect in the design or construction of any building, structure
or other Improvement, constructed, erected, placed or installed pursuant to or in accordance with any such plans,
specifications or other materials approved pursuant to this Article.
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ARTICLE 15
AMENDMENT
15.1 Amendment bv Developer. Subject to the provisions of Section 15.5 of this Declaration, until
December 31, 2010 the terms and provisions of and the covenants, conditions, restrictions, easements and
reservations set forth in this Declaration may be changed, amended or modified from time to time by the Developer
in its sole, but reasonable discretion, and without requiring the joinder or consent of any person or party
whomsoever, including the Association or any Owner or Owners.
15.2 Amendment bv Association. Subject to the provisions of Section 15.5 of this Declaration, the
terms and provisions of an the covenants, conditions, restrictions, easements and reservations set forth in this
Declaration may be changed, amended, or modified at any time and from time to time by the Association upon the
affirmative written consent or the vote of not less than seventy-five percent (75%) of the total voting power of the
members of the Association; provided, however, that until December 31, 2010 no such change, amendment or
modification by the Association shall be effective without the Developer's express written joinder and consent. No
Amendment is permitted which would adversely impact the Club, without the consent of the Club Owner.
15.3 Manifestation of Requisite Consent. The case of any change, amendment or modification of
this Declaration by the Association which requires the affirmative written consent or vote of members of the
Association as hereinabove provided in Section 15.2, the acquisition of the requisite written consent or vote of
members shall be manifested on the face of the amending instrument in a certificate duly executed and sworn to
before a Notary Public by the President and Secretary of the Association affirmatively stating that such requisite
affirmative written consent or vote has, in fact, been acquired or obtained prior to the recordation of such amending
instrument among the Official Records of the County. Such certificate shall be and constitute conclusive evidence
of the satisfaction of the provisions of Section 15.2 of this Declaration with respect to the change, amendment or
modification of this Declaration effected by the amending instrument of which such certificate is made a part.
15.4 Effectiveness of Amendments. All changes, amendments or modifications of this Declaration
shall be manifested in a written amending instrument duly executed by the Developer or the Association, or both,
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as may from time to time be required pursuant to the provisions of this Article, and shall be duly recorded among
the Official Records of the County. Such change, amendment or modification of this Declaration shall be effective
as of the date of such recordation or such later date as may be specified in the amending instrument itself.
15.5 Limitations on Amendments. Notwithstanding anything to the contrary set forth in this
Declaration, the rights of the Developer and the Association to change, amend or modify the terms and provisions
of and covenants, conditions, restrictions and easements and reservations set forth in this Declaration and any.,)
amendment hereof shall at all time be subject to and limited and restricted as follows: .:::::>
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15.5.1 This Declaration and any amendment hereof shall at all times be subject to the rulesJ~w~
ordinances and codes of the City, the County and all other applicable governmental entities, an~his
Declaration shall not be amended without the approval of the City if the amendment shall impact the ft\ty's
rights with respect to the Subject Property. C')
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15.5.2 To the extent that particular rights or interests are expressly conferred upon or grant~ toCO
the Club Owner, or the City to this Declaration, the particular terms and provisions of this Declar5tion~
pursuant to which any such rights and interests are conferred upon and granted to the Club Owner, or the
City shall not be changed, amended or modified without the prior written consent and joinder of the Club
Owner, and/or the City, as the case may be.
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15.5.3 To the extent that any term or provision of this Declaration may be included herein in
satisfactipn of any conditions to approval of the Land Use Plan for the Tuscawilla PUD, as any conditions
to approval may, from time to time, be changed, amended or modified by the City pursuant to appropriate
law or by action of the Board of Commissioners of the City, such terms or provisions of this Declaration
shall not be changed, amended, or modified or otherwise deleted or eliminated from this Declaration
without the prior written consent and joinder of the City, as the case may be.
15.5.4 This Declaration may not be changed, amended or modified in such manner as to
terminate or eliminate any easements granted or reserved herein to the Developer, the Association, the
Club Owner, or the City, respectively, without the prior written approval of the Developer, the Association,
the Club Owner, or the City, as the case may be, and any attempt to do so shall be void and of no force
and effect.
15.5.5 This Declaration may not be changed, amended or modified in any fashion which will result
in or facilitate the dissolution of the Association or the abandonment or termination of the obligation of the
Association to maintain the Common Property, and/or the obligation of the Association to establish, make,
levy, enforce and collect Assessments for such purposes.
15.5.6 This Declaration may not be changed, amended or modified in any fashion which would
affect the Surface Water Management System, or its maintenance by the Association, without the prior
written consent and approval of the St. Johns River Water Management District.
15.5.7 This Declaration may not be changed, amended or modified in such fashion as to change,
amend, modify, eliminate or delete the provisions of this Section 15.5 of this Declaration without the prior
written consent and joinder of the Developer, in any case, and to the extent of any proposed change,
amendment or modification which shall affect the rights of the County, the City, or the St. Johns River
Water Management District hereunder, the same shall require the written consent and joinder of the City,
or the St. Johns River Water Management District, as the case may be.
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ARTICLE 16
DURA TION
The terms and provisions of and covenants, conditions, restrictions and reservations set forth in this
Declaration shall continue and be binding upon the Developer and the Association and upon each Owner C\'25all
Owners from time to time of any portion of the Subject Property and their respective successors and assign~nd CD C)
all other persons, parties or legal entities having or claiming any right, title or interest in the Subject Pr~e~y, g~
through. or under any of them, for a period of sixty (60) years from the date this Declaration is recordat. ar'l!QSlg ~n
the Official Records of the County, after which time this Declaration and the covenants, conditions. restrictIOns and :t>
reservations set forth herein, as the same shall have been changed, amended or modified from time to tfMe, shall r-
be automatically extended for successive periods of ten (10) years unless an instrument of termination is mecuted ~
by the Developer and Association upon the affirmative written consent or the vote of note less than ~ty-fi'te ('")
percent (95%) of the total voting power of the members of the Association (certified as provideUr,inaais ~~
Declaration), with the consent and joinder of the City, shall be recorded among the Official Records ofth~oQity ~~
at least one (1) year prior to the end of the initial term or any subsequent extension term of this Declaration. ~
of the easements herein declared to be created, granted or reserved shall continue to be binding upon the
Developer and the Association and upon each Owner and all Owners from time to time of any portion of the
Subject Property and their respective successors and assigns and all persons, parties and legal entities claiming
by, through or under any of them in perpetuity, unless any such easement shall have been changed. amended,
modified, released or terminated by the execution and recordation among the Official Records of the County of
a written instrument or court order, as the case may be, which, in either case, is otherwise legally sufficient in all
respects to effect any such change, amendment, modification, release or termination of any such easement.
ARTICLE 17
ENFORCEMENT
17.1 Parties Entitled to Enforce. Subject to the provisions of Section 17.2 of this Declaration, the
terms. provisions, covenants, conditions, restrictions, easements and reservations set forth in this Declaration, as
changed, amended or modified from time to time, shall be enforceable by the Developer, the Association, any
Owner, the Club Owner and the City. Additionally, to the extent that particular rights or interests are expressly
conferred upon or granted to the County, the City or the Club Owner pursuant to this Declaration, the particular
terms and provision of this Declaration conferring or granting such rights or interests to the Club Owner, or the City
shall also be enforceable by the Club Owner, the City and/or as the case may be. Those so entitled to enforce
the provisions of this Declaration shall have the right to bring proceedings at law or in equity against the party or
parties violating or attempting to violate any of said covenants, conditions, restrictions. easements or reservations
or against the party or parties defaulting or attempting to default in his. its or their obligations hereunder in order
to (a) enjoin any such violation or attempted violation or any such default or attempted default, (b) cause any such
violation or attempted violation or default or attempted default to be cured, remedied or corrected, (c) recover
damages resulting from or occasioned by or on account of any such violation or attempted violation or default or
attempted default and (d) recover costs and expenses, including attorneys' fee, incurred in connection with the
enforcement of this Declaration.
17.2 Limitations on Enforcement Ri~hts. Notwithstanding the foregoing provisions of Section 17.1
of this Declaration, the right to enforce the provisions of this Declaration shall be subject to and limited as follows.
The Association shall have the exclusive right to collect Assessments and enforce Assessment liens. Only the
Developer. the Association and the Club Owner shall have the right to enforce the provisions of Article 14 of this
Declaration with respect to Architectural and Landscape Control. It is expressly provided, however, that if both
the Developer and the Association fail, refuse or are unable to commence enforcement of such provisions within
thirty (30) days following written demand to do so from any Owner, any Owner who makes such demand and who
otherwise has standing to do so, shall have the right to enforce the provisions of said Article 14; provided, however,
that such right of enforcement shall not include the right to seek judicial review or discretionary decisions made
either by the Developer, the Association or the ARB where the discretion to make such decision is expressly
conferred pursuant to this Declaration. To the extent that specific rights, interests or reservations are conferred
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upon or granted or reserved to specific parties pursuant to this Declaration only those parties upon or to whom or
which such rights, interests or reservations are conferred, granted or reserved shall have the right to enforce the
provisions of this Declaration relating to such rights, interests or reservations.
17.3 Attornevs' Fees. In the event that legal or equitable proceedings are instituted or brought to
enforce any of the provisions set forth in this Declaration, as changed, amended and modified from time to time,
or to enjoin any violation or attempted violation or default or attempted default of the same the prevailing pa!y in
such proceeding shall be entitled to recover, from the losing party such reasonable attorneys; fees and cou~~st5roo
as may be awarded by the court rendered judgment in such proceedings. ~ .c:- g~
~ w :An
17.4 No Waiver. Failure by the Developer, the Association, any Owner, the Club Owner ~the City );
(only to the extent any right of enforcement is otherwise granted to or conferred .upon the City or the CI~ Owner r
pursuant to this Declaration), to enforce any term, provision, covenant, condition, restriction, easWnent or ~
reservation herein contained in any particular instance or on any particular occasion shall not be deemecQ waiver g
of the right to do so upon any subsequent violation or attempted violation or default or attempted def~ <>me j;.:;o
same or any other term, provision, covenant, condition, restriction, easement or reservation containedrfTeretn? ~8
. ~
17.5 Nuisance. The result of every act or omission, where any term or provision of, or covenant,
condition. restriction, easement, or reservation set forth in, this Declaration is violated, breached or in default in
whole or in part, is hereby declared to be and constitute a nuisance, and every remedy allowed by law or equity
against a nuisance. either public or private, shall be applicable against every such result, and may be exercised
by the Developer, the Association, the Club Owner or any Owner.
17.6 Cumulative Ri~hts and Remedies. In connection with the enforcement of this Declaration, all
rights, remedies of the Developer. the Association, the Owners, the Club Owner, and the City to the extent
provided herein. shall be cumulative, and no single right or remedy shall be exclusive of any other, and Developer,
the Association, the Owners, and the City to the extent specifically provided in this Declaration, shall have the right
to pursue anyone or all of such rights or remedies or any other remedy or relief which may be provided by law,
whether or not expressly stated in this Declaration or otherwise.
17.7 Effect of I~validation. If in the course of an attempt to enforce this Declaration, any particular
provision of this Declaration is held to be invalid by any court, the invalidity of such provisions shall not affect the
validity of the remaining provisions hereof.
17.8 Exculpation. The Developer, the Association, the Club Owner, the ARB. and the individual
members, officers, directors, employees or agents of any of them, shall not, jointly or severally, be liable or
accountable in damages or otherwise to any Owner or other party affected by this Declaration, or to anyone
submitting plans or other material for any required consent or approval hereunder, by reason or on account of any
decision, approval or disapproval required to be made, given or obtained pursuant to the provisions of this
Declaration, or for any mistake in judgment, negligence or nonfeasance related to or in connection with any such
decision, approval or disapproval. Each person who shall submit plans or other materials for consent or approval
pursuant to this Declaration, by the submission thereof, and each Owner of any Lot, by acquiring title thereto or
an interest therein, shall be deemed to have agreed that he or it shall not be entitled to bring and shall not bring
any action. proceeding or suit against the Developer, the Association, the Club Owner, the ARB, or any individual
member or members or officer of officers, director or directors, employee or employees or agent or agents of any
of them for the purpose of recovering any such damages or other relief on account of any such decision, approval
or disapproval.
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ARTICLE 18
MISCELLANEOUS PROVISIONS
18.1 Constructive Notice and Acceptance. Every person, corporation, partnership, limited
partnership, trust, association or other legal entity, who or which shall hereafter have, claim, own or acquire any
right, title, interest or estate in or to any portion of the Subject Property, whether or not such interest is reflected
upon the Official Records of the County, shall be conclusively deemed to have consented and agreed to ea~an'b 0
every term, provision, covenant, condition, restriction, easement and reservation contained or by<.refei!bceO-Tl
incorporated in this Declaration, whether or not any reference to this Declaration is contained in the d~m~N o~~
instrument pursuant to which such person, corporation, partnership, limited partnership, trust, associati~ orOTher );
legal entity shall have acquired such right, title, interest or estate in the Subject Property or any portiqf2thereof. I
rr1 ;0
rr1
18.2 Personal Covenants. To the extent that the acceptance or conveyance of a Lot ~aw.. a ('")
personal covenant between the Owner of such Lot and the Developer, the Association or any other b'wneo:>r .~.~
Owners, such personal covenant shall terminate and be of no further force or effect from or after the d~ wtJan ~~
a person or entity ceases to be an Owner except to the extent that this Declaration may provide otherWise <a81
respect to the personal obligation of such Owner for the payment of Assessments for which provision is expressly
made in this Declaration.
18.3 Governina Law. This Declaration and the interpretation and enforcement of the same shall be
governed by and construed in accordance with the laws of the State of Florida.
18.4 Construction. The provisions of this Declaration shall be liberally construed so as to effectuate
and carry out the objects and purposes of this Declaration.
18.5 Article and Section Headinas. Article and Section headings contained in the Declaration are
for convenience and reference only and in no way define, describe, extend or limit the intent, scope or content of
the particular Articles or Sections in which they are contained or to which they refer and, accordingly, the same
shall not be considered or referred to in resolving questions of interpretation or construction.
18.6 Sinaular Includes Plural, Etc. Whenever the context of this Declaration requires the same, the
singular shall include the plural and the plural the singular and the masculine shall include the feminine and the
neuter.
18.7 Time of Essence. Time is of the essence of this Declaration and in the performance of all
covenants, conditions and restrictions set forth herein. Whenever a date or the expiration of any time period
specified herein shall fall on a Saturday, Sunday or legal holiday, the date shall be extended to the next succeeding
business day which is not a Saturday, Sunday or legal holiday.
18.8 Notice. Any notice required or permitted to be given pursuant to the provisions of this Declaration
shall be in writing and may be delivered as follows:
18.8.1 Notice to an Owner shall be deemed to have been properly delivered when delivered to
the Owner's Lot, whether said Owner personally received said notice or not, or placed in the first class
United States mail, postage prepaid, to the most recent address furnished by such Owner in writing to the
Association for the purpose of giving notice, or if not such address shall have been furnished, then to the
street address of such Owner's Lot. Any notice so deposited in the mail within the County shall be
deemed delivered forty-eight (48) hours after such deposit. In the case of co-owners any such notice may
be delivered or sent to anyone of the co-owners on behalf of all co-owners and shall be deemed to be and
constitute delivery on all such co-owners.
18.8.2 Notice to the Association shall be deemed to have been properly delivered when placed
in the first class United States mail, postage prepaid, to the address furnished by the Association orto the
address of its principal place of business.
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18.8.3 Notice to the Developer shall be deemed to have been properly delivered when placed in
the first class United States mail, postage prepaid, to the address furnished by the Developer to the
Association or the address of its principal place of business.
18.8.4 The affidavit of an officer or authorized agent of the Association declaring under penalty
or perjury that a notice has been mailed to any Owner or Owners to the address or addresses shown on
the records of the Association, shall be deemed conclusive proof of such mailing, whether nor nQ.t;such
notices are actually received. 0 ~~
Cfl..- ___
fT\..... c). .,
18.9 Development and Construction by Developer. Nothing set forth in this Declaratien s~ bC~
deemed, either expressly or impliedly, to limit the right of the Developer to change, alter or amend its d~lopment ~
plan or plans for the Subject Property, or to construct such improvements as the Developer deems adviP.Able prior ;0
to the completion of the development of all of the Subject Property. Developer reserves the right ~ alter its ~
development and construction plans and designs as it deems appropriate from time to time; subject, h~eva; to-oo
all applicable Governmental Regulations, including, without limitation, those of the City. -n 0:> ~~
r 1'T'1CJ)
18.10 Assianment of Developer's Riahts and Interests. The rights and interests of the Devel~er
under this Declaration may be transferred and assigned by the Developer to any successor or successors to all
or part of the Developer's interest in the Subject Property by an express transfer, conveyance or assignment
incorporated into any recorded deed or other instrument, as the case may be, transferring, conveying or assigning
such rights and interests to such successor.
18.11 No Warranties. This Declaration is made for the objects and purposes set forth in this Declaration
and the Developer makes no warranties or representations express or implied as to the binding effect or
enforceability of all or any portion of the terms and provisions of or the covenants, conditions, restrictions,
easements and reservations set forth in this Declaration, or as to the compliance of any of the same with public
laws, ordinances and regulations applicable thereto.
18.12 Surface Water Manaaement System. The Association shall be responsible for the
maintenance, operation and repair ofthe Surface Water Management System. Maintenance of the Surface 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 stormwater management capabilities as permitted by the St. John's
River Water Management District. The Association shall be responsible for such maintenance and operation. Any
repair or reconstruction of the Surface Water Management System shall be as permitted, or, if modified, as
approved by the St. John's River Water Management District and the City. Any amendment which ;alters the
Surface Water Management System, beyond maintenance in its 'original condition, including the water
management portions of the common areas, must have the prior approval of the St. John's River Water
Management District and the City. The St. John's River Water Management District shall have the right to enforce,
by a proceeding at law or in equity, the provisions in this Declaration which relate to the maintenance, operation
and repair of the Surface Water Management System.
18.13 Riahts of the City. Notwithstanding any other provisions contained herein, no amendment to
this Declaration shall be effective until notification of the City of such amendment and providing the City with a copy
thereof. The City is a third-party beneficiary of this Declaration and shall have the right to enforce its provisions.
Nothing contained herein permits or authorizes any violations or deviations from Federal, State, County or City
law, statutes, ordinances or codes.
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IN WITNESS WHEREOF FCC has caused this Declaration to be made and executed as of the day and
year first above written.
FLORIDA COUNTRY CLUBS,
a Florida 0 poration
L L
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Print Name: "'t),~~'-b R, \...e.~ ~"-~
By:
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STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to
administer and take acknowledgements, James R. Mikes, as President of Florida Country Clubs, Inc., a Florida
corporation, to me well known to be the person described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes therein expressed.
1:3 :jJ-
WITNESS my hand and official seal in the County and State last aforesaid, this,Gth day of March, 1996.
My Commission expires:
~~~~ p~UPTAnCH
l~i" ~\ MY COMMISSION' CC389399 EXPIRES
-.' ~.. 1998
;; ~ I,,: Se-mber 3,
~ ',,' 1'- .._......... lIIC.
. ...... ''ff.>~ BONllEDlllRUTRO't'fAIN...........-
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This document prepared by: ~
James Mikes % .&:""
1500 Winter Springs Boulevai:Q:. W
Winter Springs, FL 32708 :;c.
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