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Home My WebLink AboutBraewick of Tuscawilla \ ~ " d~ ~ cP .^2~O V' - r- ~~'4'''' 2 8 ~ a (j~ .J Q.. ol.l- Vl~ct "- c!~ ~ ~~~~ '2o\/,(J. ,- ..J 0.. 3~~ \11 e>+n.~c! Or'W ~ ,~..,5)2 5~~2 ~ z ~ ~ UJ ct CP :;0 -.l rr'I C? the ::t: 0 ,.~ :;0 ~ 0 ---.. f"T1 ~-,'1 0 ~ -0 < ":t: rr'I - ::0 .. .,., U1 I"1'l C) Cl THIS INSTRUMENT PREPARED BY PAUL R. GOUGELMAN III, Esq. Broad and Cassel Fourth Floor 1051 Winderley Place Maitland, Florida 32751 DECLARATION OF CONDITIONS, COVENANTS EASEMENTS AND RESTRICTIONS FOR BRAEWICK OF TUSCAWILLA THIS DECLARATION is made this j L /1 h day of4 '~t 'I J 1987, by Braewick of Tuscawilla Development, Inc'., a Florida corporation, which declares hereby that "The Properties" described in Article II of this Declaration are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. , ARTICLE I DEFINITIONS The following words when used in this Declaration (unless context shall prohibit) shall have the following meanings: (a) "Assessment" means and refers to a share of the funds required for payment of the expenses of the Association, which funds shall be assessed against a Lot Owner from time to time. (b) "Association" means and refers to BRAEWICK HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for profit, which is to be incorporated. (c) "Common Areas" means and refers to the property as shown on the Plat less the Lots, plus all property designated as Common Areas in any future recorded supplemental declaration; together with the landscaping and any improvements thereon, including, without limitation, all structures, recreational facilities, open space, masonry walls, walkways, entrances markers, signs, sprinkler systems and street lights, if any, but excluding any public utility installations thereon. (d) "Communities" means and refers to Creekside Villas, Golfside Villas, and parkside Villas. The Lots comprising 1 n ;,..,..,... "l,1CCnD,..",.C C'lI1UII /L'TJT ur (.r) Q:) r.1 -r-- z co D .- rt1 () C r:n C> 0._ :;x.'-,"i ::;.: . ' . '. ,.-- "', r-~ , . '" .." -..J 1- -.. -.. -J' , ~.. .... ) C) 1'1 +=- c:> . ,,- ..;~.. i.....t , '::-00 . :~?: ~_.':.~ ~;: ;:-: ;~ :~.:. ..-;..' ~ ',< ~Jo~ ~ ~...,;.t:: "") ''Tl . 'C13: .- -- - ...... c::;, '" , Creekside Villas, GOlfside Villas.,..~.~4Lkside Villas are icle1t,Tr"fedon 'Exhibit" "AN attached hereto and made a part hereof. (e) "Declaration" means and refers to this Declaration of Conditions, Covenants, Easements, and Restrictions for Braewick as recorded in the Public Records of SEMINOLE County, Florida, and as the same may be amended from time to time. (f) "Developer" means and refers to BRAEWICK OF TUSCAWILLA DEVELOPMENT, Inc., a Florida corporation, its successors and such of its assigns as to which the rights of Developer hereunder are specifically assigned by written instrument recorded in the Public Records of SEMINOLE County, Florida. Developer may assign only a portion of its rights~ hereunder, or all or a portion of such rights in connection~ with appropriate portions of The Properties. In the event ~ such a partial assignment of its rights, the assignee shal~~ not be deemed the Developer, but may -exercise such rights ~ Developer specifically assigned to it. Any such assignment~ may be made on a non-exclusive basis. A Lot purchaser, LO~ Owner or Lot mortgagee shall not be deemed to be the Developer by the mere act of purchase or mortgage of a Lot. (g) "Entitled To Vote" means and refers to that Lot Owner who shall cast a vote for a Lot at an Association meeting. If more than one person or legal entity shall own any Lot, the Owners thereof shall determine among themselves who shall be the Member Entitled To Vote. Said determination shall be manifested upon a voting certificate, signed by all Owners of said Lot, and given to the Association Secretary for placement in the Association records. Notwithstanding anything contained herein, all Lot Owners whether Entitled To Vote or not are assured of all other privileges, rights, and obligations of Association membership and shall be Members of the Association. - Q:) ~ Q:) c:l o e. x ~.:; -,.~ , .. .,-.: /" -.., -.., CO -,-; t- ,~ <, C' :1.; .,...... . l'~i.; C";) rn (h) "Institutional Lender" or "Institutional Mortgagee" means and refers to a bank, savings and loan association, insurance company, mortgage company, real estate investment trust, pension fund, pension trust, or any other generally recognized institutional-type lender or its loan correspondent, the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), or any agency of the United States Government or any lender providing funds to the Developer for the purpose of constructing improvements upon the Properties (and such lender's successors and assigns) or any other lender approved by the Association Board of Directors as an "Institutional Lender" or "Institutional Mortgagee." (1.") "Lot" d f t L t th PI t of means an re ers 0 any 0 on e a portions of The Properties, which Plat is designated by the 2 n/~~~.~Accn~~_ C ~~un 1~"TUr # Developer hereby or by any other recorded instrument to be subject to these covenants and restrictions (and to the extent the Developer is not the Owner thereof, then designated by the Developer joined by the Owner thereof), any Lot shown upon any resubdivision of any such Plat, and any other property hereafter declared as a Lot by the Developer and thereby made subject to this Declaration. To the extent the Developer is not the Owner thereof, then such declaration shall be made by the Developer joined by the Owner thereof. (j) "Member" means and refers to all those Owners who are Members of the Association as provided in Article III hereof. - ...- ~o C) !.~,._, -' ", (-'") co co , " ,- (k) "Owner" means and refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon The Properties. Co r- n', r- G :'T"I' c :. r- (1) "Plat" means and refers to the plat of Braewick of Tuscawilla - Phase I, as recorded in Plat Book , Pages and , Public Records of SEMINOLE County, Florida;-together with any plat of additional land made subject to this Declaration and to the jurisdiction of the Association .. -" -... -." c..o '\) -.'; 1:'...(,) (.) ,., '"' (m) "The Properties" means and refers to all such existing properties as described in Article II, Section 1 of this Declaration, and additions thereto, as are now or hereafter made subject to this Declaration and to the jurisdiction of the Association, except such as are withdrawn from the provisions hereof in accordance with the procedures hereinafter set forth. (n) "Residence" means and refers to any residential building constructed on a Lot. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO Section 1. Legal Description. The real property which, initially, is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows: All of BRAEWICK OF TUSCAWILLA - PHASE I, according to the plat thereof, as recorded in Plat Book -:; 1 , Page '5'; t. 5+ of the Public Records of SEMINOLE County, Florida. ( all of which real property, and all additions thereto, is herein referred to collectively as "The Properties". To the extent all or any portion thereof is not owned by the Developer, the respective Owners thereof shall have joined in this Declaration 3 n /,...,.,,... .., A r rnT";'l"_ t: ~....,._" IT.'1TTT '''r' for the purpose of subjecting that portion of The Properties owned by each of them to this Declaration. Section 2. Supplements. Developer may from time to time bring other land under the provisions hereof by recorded supplemental declarations (which shall not require the consent of then existing Owners or the Association, or any mortgagee, except in the case of property not then owned by the Developer but prposed ~ to be added to The Properties, in which case the Owner thereof fTl r shall join in the applicable supplemental declaration) and ~ thereby add to The Properties. To the extent that additional ,_ real property shall be made a part of The Properties as a common scheme, reference herein to The Properties should be deemed to be a reference to all of such additional property where such reference is intended to include property other than that legally described above. Nothing herein, however, shall obligate the Developer to add to the initial portion of The Properties, to develop any such future portions under such common scheme, nor to prohibit the Developer from rezoning and changing the development plans with respect to such future portions and/or the Developer from adding additional or other property to The Properties under such common scheme. All Owners, by acceptance of a deed to their Lots, thereby automatically consent to any such rezoning, change, addition or deletion thereafter made by Developer and shall evidence such consent in writing if requested to do so by the Developer at any time. co 1't1 (/) C) (' . .. -t-:-- '':"' -~ ::x: " co -... v . OJ ~~!. a ..,.f'l ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section 1, any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member of the Association. Membership in the Association shall be appurtenant to each Lot and may not be separated from ownership of said Lot. The record title holder to each Lot shall automatically become a Member of the Association and shall be assured of all rights and privileges thereof upon presentation of a photostatically or otherwise reproduced copy of said Owner's deed to the Association Secretary for placement in the records of the Association. To the extent that said deed shall pass title to a new Lot Owner from an existing Lot Owner, membership in the Association shall be transferred from the existing Lot Owner to the new Lot Owner. Section 2. Voting Rights. The Association shall have two (2) classes of voting membership: Class A. Class A Members shall be all those Owners as defined in Section 1 with the exception of the Developer (as long as the Class B Membership shall exist, and thereafter, the Developer shall be a Class A Member to the extent it 4 " I,...,...,... . .., II C C T"\r,o,... ~ C r,ololV" Ir,oTTl""'" would otherwise qualify). Except as provided below, Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised only by that one person who is Entitled To Vote. In no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Developer. The Class B member shall be entitled to one (1) vote, plus two (2) votes for each vote entitled to be cast in the aggregate at any time and from time to time by the Class A Members. The Class B membership shall cease and terminate: ri 1) at such time as 75% of all Lots to be ultimately subject ~ to Association membership within The Properties have been f' sold and conveyed by the Developer; or 2) five (5) years fro~ the date of the first conveyance by Developer of a Lot; or 31- sooner at the election of the Developer, whichever event shall first occur, whereupon the Class A Members shall be obligated to elect the Board and assume control of the Association. Upon termination of the Class B membership as provided for herein, the Class B membership shall convert to Class A membership with voting strength as set forth above for Class A membership. - (l'~ I C"O r;n r:) -:::-- ~) ;.:;..,; Co - " t" " '., , " ~ ..' -. " . - 1".) 11] ""-l co - Section 3. General Matters. When reference is made herein, or in the Articles, By-Laws, Rules and Regulations, management contracts or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majority or specific percentage of the votes of Members Entitled To Vote and not of the Members themselves. ARTICLE IV PROPERTY RIGHTS IN THE COMMON AREAS; OTHER EASEMENTS Section 1. Members Easements. Each Member, and each tenant, agent and invitee of such Member or tenant, shall have a nonexclusive permanent and perpetual easement over and upon the Common Areas for the intended use and enjoyment thereof in common with all other such Members, their tenants, agents and invitees, in such manner as may be regulated by the Association. If any Lot Owner's sole ingress to or egress from his Lot is through the Common Areas, any transfer or conveyance thereof herein or hereafter made or made on the Plat shall be subject to such Lot Owner'~ ingress and egress rights. Without limiting the generality of the foregoing, such rights of use and enjoyment are hereby made subject to the following: (a) The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Areas and facilities in compliance with the provisions of this Declaration and with the restrictions on 5 n I,..,..,...., /I CCT"\'[;'I"'~_c. '[;'Il.'UI\ 1'[;'IT:rT U,.. the Plats of portions of The Properties from time to time recorded. (b) The right of the Association to suspend the Owner's (and his permitees') voting rights and right to use the recreational facilities (if any) for any period during which any Assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of lawfully adopted and published rules and regulations. (c) The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Lots and Common Areas and all co facilities at any time situated thereon, including the right~ ~~ to fine Members as hereinafter provided. Any rule and/or ; O~ regulation so adopted shall apply until rescinded or modifieW as if originally set forth at length in this Declaration. ~ c I" <::) .' ;i~ " , " ~. -r; , " . , (d) The right to the use and enjoyment of the Common Areas and facilities thereon shall extend to all permitted user's immediate family who reside with him, subject to regulation from time to time by the Association in its lawfully adopted and published rules and regulations. r- -r ~ O~ I'..) ;~ '-~ ill Section 2. Easements Appurtenant. The easements provided in Section I shall be appurtenant to and shall pass with the title to each Lot. Section 3. Maintenance. The Association shall at all times maintain in good repair and manage, operate and insure, and shall replace as often as necessary, the Common Areas and the paving, drainage structures, masonry walls, lighting fixtures and appurtenances, landscaping, entrance markers, signs, improvements and other structures situated on the Common Areas, if any, all such work to be done as ordered by the Board of Directors of the Association. Maintenance of the aforesaid lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. Without limiting the generality of the foregoing, the Association shall assume all of Developer's responsibility to Seminole County or the City of Winter Springs of any kind with respect to the Common Areas and shall indemnify and hold the Developer harmless with respect thereto. As hereinafter provided, the Association may at its option, maintain, repaint, and repair other portions of the Lots and improvements constructed thereon, in the manner hereinafter contemplated, and easements over such Lots are hereby reserved in favor of thge Association and its designees to effect such maintenance, painting, and repair. The Owner shall be responsible, however, for themaintenance, replacements, and repair of all paving, structures and improvements located on his Lot. 6 n/""".~~rrn~"_ C ~Mu~/~UTU~ All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through Assessments (either general or special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for Assessments by non-use of the Common Areas or Lots or abandonment of the right to use the Common Areas. Section 4. Utility Easements. The Association shall have the right to grant permits, licenses, and easements over the Common Areas for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of The Properties. Use of the Common Areas for utilities, as well as use of the other utility easements as shown on relevant plats, shall be in accordance with the applicable provisions of this U; Declaration. Perpetual, nonexclusive easements are reserved ~ ~ across the Common Areas to the Developer and/or the Association,S or such utility, security, and cable television companies to ~ which the Developer or Association may convey easement rights, 8 for and on behalf of the Developer, the Association, and the "" grantee utility companies, as may be required for the entrance 1- upon, construction, connection to, disconnection from, replacement of, maintenance, and operation of utility services, surface and storm water management and drainage facilities, cable television system, security, and such other equipment as may be required to adequately serve the Properties, any other lands subject to ownership by the Association or the Developer, it being expressly agreed that the Developer and any of its successors or assigns, the Association, utility companies and any other person benefitted hereby making the entry shall restore the property as nearly as practicable to the condition which existed prior to commencement of construction of such utility or storm water management and drainage facilities. An easement is reserved over, under, and across each of the Lots for the placement and operation of electric utility meters and lines connected to the meters serving any and all Lots within the Block upon which said Lot is located, all of which Lots and Blocks are depicted upon the Plat. The easements herein reserved shall include, but shall not be limited to, an easement for purposes of construction, maintenance, restoration, connection to or disconnection from and when appropriate, deactivation of such utilities, security, or cable television within the Common Areas. In addition, easements are reserved to the Association and the Developer, and may be created from time to time by the Developer during any period that the Developer shall own at least one (1) Lot, for such further utility, egress, ingress, or drainage easements over and across the Properties as may be required from time to time to serve any of the Communities, and/or any other or additional lands during the course of development of same, whether such additional lands become subject to the jurisdiction of the Association and part of the Properties or not. Regarding any easement conveyed by the Developer, the joinder of the Association or any Lot Owner or Lot Owner1s mortgagee shall not be required. 7 n /,...,...,.... .,.....,.......T;'I,..._ C T;'I"lUI\ /T;'ITn".',.. co r.n CI Or"'l :."" ...., ".', co c. 1- r- .., f.":; ""J co (..A.) " =--... ., C) PI -:1 Section 5. Public Easements. Fire, police, health and sanitation, park maintenance and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas. Section 6. Ownership. As shown on the Plat, the Common Areas are hereby dedicated free and clear of all liens, non-exclusively to the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of The Properties to such Owners' tenants, guests and invitees. Notwithstanding anything to the contrary contained in this Declaration, the Association shall have the right but not the obligation to assig~~ parking spaces and and change parking space assignments. If ~~.,o:::- parking spaces in one of the Communities are assigned, there ~; shall be a minimum of one parking space assigned per Lot for eac~ Lot in the subject Community. All parking space assignments n C) shall be done by reference to the numbered parking spaces as shown on the Plat. The Common Areas (or appropriate portions thereof) shall, upon the later of completion of the improvements thereon or the date when the last Lot within ~he Properties has been conveyed to a purchaser (or at any time and from time to time sooner at the sole election of the Developer), be conveyed to the Association, which shall accept such conveyance. The Association is hereby granted an easement over and across all Lots for access of personnel and equipment to maintain, repair, renovate or construct improvements upon, or achieve the objectives of Article IV, Section 3 hereof, upon all parts and parcels of the Common Areas. Beginning from the date these covenants are recorded, the Association shall be responsible for the maintenance of such Common Areas (whether or not then conveyed or to be conveyed to the Association) and for the maintenance of Lot landscaping and Residence exteriors, such maintenance to be performed in a continuous and satisfactory manner without cost to the general taxpayers of the City of Winter Springs and Seminole County. It is intended that all real estate taxes, if any, assessed against that portion of the Common Areas owned or to be owned by the Association shall be proportionally assessed against and payable as part of the taxes of the applicable Lots within The Properties. However, in the event that, notwithstanding the foregoing, any such taxes are assessed directly against the Common Areas, the Association shall be responsible for the payment of the same, including taxes on any improvements and any personal property located thereon, which taxes accrue from and after the date these covenants are recorded, and such taxes shall be prorated between Developer and the Association as of the date of such recordation. Developer shall have the right from time to time to enter upon the Common Areas and other portions of The Properties for the purpose of construction, reconstruction, repair, connection to, disconnection from, replacement and/or alteration of any improvements or facilities on the Common Areas or elsewhere on The Properties that Developer elects to effect, and to use the Common Areas and other portions of The Properties for sales, co ro C) r-:) -...,,: ~-:~ 1 l , co 1_ r - ':tJ c:- ;~ ---.J ..., j ~ 0,:) ~ C") /11 ..:=- 8 O/~~~.~A~~n~~~_~ ~~M~/~UTM~ displays and signs or for any other purpose during the period of construction and sale of any portion of The properties. Without limiting the generality of the foregoing, the Developer shall have the specific right to maintain upon any portion of The Properties sales, administrative, construction or other offices without charge, and appropriate easements of access and use are expressly reserved unto the Developer and its successors, assigns, employees and contractors, for this purpose. Any obligation to complete portions of the Common Areas shall, at al~ times, be subject and subordinate to these rights and easements ~ ~ and to the above-referenced activities. Accordingly, the ~ Developer shall not be liable for delays in such completion to ~ the extent resulting from the above-referenced activities. The g Common Areas cannot be mortgaged. Section 7. Other Easements. The Owner of each Lot shall have an easement of access over and upon adjoining Lots and the Common Areas, and the Association, its agents and employees, shall have a perpetual easement over and across all Lots for access and for the purpose of allowing such Owner or the Association to: mow a Lot lawn, maintain landscaping, maintain and keep said Owner's Lot and the improvements thereon in good operating order and repair and maintain and repair air-conditioning compressors, air- conditioning equipment, meters and other equipment serving such Owner's Lot which may be located on such adjoining Lots and/or the Common Areas. Easements are reserved over each Lot and the Common Areas in favor of each other Lot and the Common Areas in order to permit drainage and run-off from one Lot (and its improvements) to- another or to the Common Areas or from the Common Areas to any Lot or Lots. There shall be reciprocal appurtenant easements of encroachment as between each Lot for the unwilling placement, shifting, or settling of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration), to a distance of not more than ten (10) feet, as measured from any point on the common boundary between adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point; provided however, that in no event shall an easement for encroachment exist if such encroachment is caused by the willful misconduct on the part of the Owner, or Owner's tenant, of the encroaching Lot. Section 8. Additional Easements. The Developer, during any period in which there are any unsold Lots on the Properties as now or hereafter defined, and thereafter the Association, each shall have the right to grant such additional electric, security, telephone, gas, cable television or other utility easements, and to relocate any existing easements in any portion of the Properties, and to grant access easements and relocate any existing access easements in any portion of the Properties, as the Developer or the Association shall deem necessary or desirable for the proper operation and maintenance of the Properties of, or for the general health or welfare of the Lot Owner, or for the purpose of carrying out any provisions of this Declaration; provided, that such easements or the relocation of 9 O/~~~.7A~~n~~~_~ ~~Mn/VUTMr ~ (D o " ~~.~ "' co 1~ r - _r~ (- .~ ,- ""'J co C-[l ~ ~~ "Y' ......... C-J III existing easements will not prevent or unreasonably interfere with the use of the Lots for their intended purposes. The joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required in the event the Developer declares an additional easement pursuant to the provisions hereof. Section 9. General. All easements, of whatever kind or character, whether heretofore or hereafter created, shall ~ ~ constitute a covenant running with the land and, notwithstanding ~ any other- provisions of this Declaration, may not be ~ substantially amended or revoked in a way which would m unreasonably interfere with its proper and intended use and ~ purpose. The Lot Owners do hereby designate Developer and/or the;-~ Association as their lawful attorneys-in-fact to execute any and' all instruments on their behalf for the purpose of creating a~l such easements as are contemplated by the provisions hereof. co rn <:> ~'-~ .." co , , :- " ,., , : -... co 0') r) III ARTICLE V PARTY WALLS; REAR FENCES Section 1. General. Each wall and fence built as part of the original construction of the Residences or Lots upon The Properties and placed on the dividing line (as shown on the plat(s) of The Properties) between the Lots thereof and acting as a commonly shared wall or fence shall constitute a party wall, and each Owner shall own that portion of the wall and fence which stands on his own Lot, with a cross easement of support in the other portion. If a wall or fence separating two (2) Residences or Lots, and extensions of such wall or fence, shall lie entirely within the boundaries of one Lot, such wall or fence, together with their extensions, shall also be a party wall and the Owner of the adjacent Lot sball have a perpetual easement to maintain the encroachment, and the encroaching Owner shall have a perpetual easement for use and enjoyment of the area within such adjacent Owner's Residence or Lot from the Lot boundary line to the center of such wall or fence. Easements are reserved in favor of all Lots over all other Lots and the Common Areas for overhangs or other encroachments resulting from original construction and reconstruction. Anything to the contrary herein notwithstanding, where adjacent Residences share only a portion of a wall (e.g., where a one-story Residence abuts a two-story Residence) only that portion of the wall actually shared by both Residences shall be deemed a party wall. That portion of the wall lying above the one-story Residence and used exclusively as a wall for the second floor of the abutting two-story Residence shall not be deemed a party wall, but shall be maintained and repaired exclusively by the Owner of the two-story Residence even if lying in whole or in part on the abutting Lot; provided, however, that the Association shall maintain the exterior of said wall. Easements are reserved over the abutting Lot on which the one-story Residence is 10 O/~~~.~A~~n~~~_~ ~~Mn/~UTM~ constructed and over the roof and other portions of such abutting one-story Residence to permit the upper portion of the wall of the two-story Residence to be maintained and repaired by the Owner of the Lot on which such two-story Residence is constructed: provided, however, that the Association shall maintain the exterior of said wall. Section 2. Sharing of Repair and Maintenance. The costs of maintenance of Lot landscaping and Residence exteriors shall be ~ paid for by the Association through Assessments (either general ~ or special) imposed in accordance with this Declaration. All - other costs of reasonable repair and maintenance of a party wa1~ shall be shared equally by the Owners who make use of the wall. 8 ...,~ Section 3. Destruction by Fire or Other Casualty. If a par~y wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore same, but shall not construct or extend same to any greater dimension than that existing prior to such fire or other casualty, without the prior written consent of the adjacent Lot Owner. The extension of a party wall used by only a two-story Residence abutting a one-story Residence shall be repaired and/or replaced by the Owner of the two-story Residence at his sole cost and expense even if lying in whole or in part on the abutting Lot. No part of any addition to the dimensions of said party wall, or of any extension thereof already built, that may be made by any of said Owners, or by those claiming under any of them, respectively, shall be placed upon the Lot of the other Owner, without the written consent of the latter first obtained, except in the case of the wall of a two-story Residence. If the other Owner thereafter makes use of the party wall, he shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, any Owner who, by his negligent or willful act, causes that part of the party wall not previously exposed to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owners' successors in title. Upon conveyance or other transfer of title, the liability of the prior Owner shall cease. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbiter, and such arbiters shall choose one additional arbiter, and the decision of a majority of all the arbiters shall be final and conclusive of the question involved. If a panel cannot be designated pursuant hereto, the 11 n I,.,,.,,.,. .., It r: rT"\r.o,.,~ r: r.o","", Ir.oTTT'''''' co -&==- co m o (~ 7.~ .., < ) ,. r.o-< ~.,., ~ ., r . - .,.." -., 00 ......, "1.: ...... '/) r.J Ifl matter shall be arbitrated pursuant to the rules of the American Arbitration Association, or its successors in function, then obtaining. Any decision made pursuant to this Section shall be conclusive and may be entered in any court of competent jurisdiction in accordance with the Florida Arbitration Code. tn co r..-, -i=="" ...... Section 1. Creation of the Lien and Personal Obligation of ttbeco Assessments. Except as provided elsewhere herein, the Develope~ (and each party joining in this Declaration or in any g supplemental declaration), for all Lots within The Properties, ", -.. ,- hereby covenant and agree, and each Owner of any Lot by 00 acceptance of a deed therefor, whether or not it shall be so 00 expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Assessments or charges for the maintenance, management, operation and insurance of the Common Areas and the maintenance of Lot landscaping and Residence exteriors as provided elsewhere herein, including such reasonable reserves as the Association may deem necessary, capital improvement Assessments, as provided elsewhere herein, Assessments for maintenance as provided in Section 4 hereof and all other charges and Assessments hereinafter referred to, all such Assessments to be fixed, established and collected from time to time as herein provided. In addition, special Assessments may be levied against particular Owners and Lots for fines, expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special and other Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the Assessment fell due but shall not be a personal obligation of any subsequent Owner unless assumed by such subsequent Owner. Except as provided herein with respect to special Assessments which may be imposed on one or more Lots and Owners to the exclusion of others, all Assessments imposed by the Association shall be imposed against all Lots subject to its jurisdiction equally. Reference herein to Assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned. ARTICLE VI ASSOCIATION-COVENANT FOR MAINTENANCE ASSESSMENTS r:tl C) Qc:, (~ ;.. , .- .-r: r-' . . \.-" :T~~ ~.... ') '.--) 111 Section 2. Purpose of Assessments. The regular Assessments levied by the Association shall be used exclusively for maintenance, repair, rennovation, and construction upon the Common Areas, for Lot landscape and lawn care and Residence exterior maintenance, for capital improvements, reserves and to promote the health, safety, welfare and aesthetics of the Members 12 Q/rrr.~A~~n~r~-~ ~MMn/~RT.Mr of the Association and their families residing with them, their guests and tenants, all as provided for herein. (a) Reserves for Replacement. The Association shall be required to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Areas. The reserve fund shall be maintained from annual Assessments. (b) Working Capital. Upon the closing of the sale of ~ Lot, the buyer of such Lot shall pay to the Association an amount equal to two monthly assessments of the Association ~ for such Lot, which amount shall be maintained in an accoun~ by the Association as working capital for the use and benef~ of the Association. Said amount shall not be considered as ~ advance payment of annual Assessments. 8 " Section 3. Specific Damage. Owners (on their behalf and on !- behalf of their children and guests) causing damage to any portion of the Common Areas as a result of misuse, negligence, failure to maintain or otherwise shall be directly liable to the Association, and a special Assessment may be levied therefor against such Owner or Owners. Such special Assessments shall be subject to all of the provisions hereof relating to other Assessments, including, but not limited to, the lien and foreclosure procedures. Section 4. Exterior Maintenance. The Association shall maintain and improve, as the Association may deem appropriate, all landscaping, masonry walls, and improvements as initially placed by the Developer on the Common Areas and provided, specifically, that such landscape areas on the Lots enclosed by walls or fences constructed by Developer (whether opened or not) and such landscape areas enclosed by masonry walls or fences constructed by the Developer (whether opened or not), and such walls or fences themselves, shall be maintained by the Owner of the Lot. The Association, through action of the Board of Directors taken by not less than two thirds (2/3) favorable vote of such Board, may also provide exterior maintenance upon all such Lots for all or any of the following: paint, repair, replace and care for roofs, exterior building surfaces, fences, other landscaping, trees, shrubs, grass, walls, drives and parking places and other exterior improvements. The cost of the exterior maintenance referred to in this Section performed by the Association shall be deemed a special Assessment, charges with respect to each Lot so maintained. The Board of Directors of the Association shall estimate the cost of any such exterior maintenance for each year and shall fix the assessment therefor for each year, but the Board shall, thereafter, make such adjustments with the Owners as are necessary to reflect the actual cost of such exterior maintenance. The Owner, except as contemplated specifically herein, shall maintain the structures and grounds not maintained by the Association on each Lot at all 13 'Q/(,(,(,.1A~~n'l<'(,:::!-~ 'l<'tJMn. /F'HT.Mr co ..:=- co en o Qr:; ., f -.. ;... ,- '"' -." co CD , . ,; l.~ ':-~ -. f;; rl1 lve menn~r and as provided elsewhere t.iluf~ to do so, the Association may the Own~r five (5) days' written addre~s, or to the address of the portion of the grass, weeds, shrubs r is to maintain cut when and as ry in its judgment, and have dead ..-oved from such Lot and other areas .......1 portion of the Lot and other are~s . 1 expenses of the Association under and special Assessment charged ~ 00 work was done and shall be the ~ ~ <....rs of such Lot. If the u co '0 provide the exterior maintenance~ t.nce of this Section, then upon t~ "... exterior of the Lot in good ~\ ~ eiation may, at its option, aftezr c..o c~ "ys' written notice sent to his 0 f11 r. and improve the appearance in a ere The cost of any of the work n the Owner's failure to do so 1ng from the Owner of the Lot and lament against the Lot on which ible in a lump sum and secured by t@in provided. No bids need to be any such work and the Association in its sole discretion. c:1 C) 0.-... :;.; ." -., c ") }. , - -:,"'" '-'J , : ~J '-' nts. Funds in excess of $20,000.00 sry for the addition of capital tom repairs and maintenance) ~r the jurisdiction of the teviously been collected as hIe to the Association shall be ~Ial Assessments only upon atd of Directors of the ~wo-thirds (2/3) favorable vote voting at a meeting or by ~Y-LawS of the Association. II of Annual Assessments: Due ~'lded for in this Article shall I 'nth next following the , shall be applicable through I'sequent annual Assessment "n ing January 1 and ending Ig shall be payable in advance ~'a 1, semi- or quarter-annual "0 Board of Directors of the I (and applicable installments) _ ~oard from that originally 'ltlpnt that is in the future .~Jr any year shall be levied ~ l,lpred and amended, if , ,t-J~4AI '\~'\'\ ' n /roror I \ ~~". . I, necessary, every six (6) months), but the amount of any revised Assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of months (or other appropriate installments) remaining in such calendar year. The due date of any special Assessment shall be fixed in the Board resolution authorizing such assessment. Section 7. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Assessment against each Lot subject to th~ Association's jurisdiction for each assessment period, to the ~ extent practicable, at least thirty (30) days in advance of sucij2 date or period, and shall, at that time, prepare a roster of th{l Lots and Assessments applicable thereto which shall be kept in ~ the office of the Association and shall be open to inspection b~ any Owner. Written notice of the Assessment shall thereupon be' sent to every Owner subject thereto thirty (30) days prior to payment of the first installment thereof, except as to emergency Assessments. In the event no such notice of a change in the Assessments for a new Assessment period is given, the amount payable shall continue to be the same as the amount payable for the previous period, until changed in the manner provided for herein. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an Assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of any Assessment to the Association therein stated to have been paid. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more persons, firms or corporations (including affiliates of the Developer) for management services. The Association shall have all other powers provided in its Articles of Incorporation and By-Laws. Section 8. Effect of Non-Payment of Assessment; the Personal Obligation; the Lien; Remedies of the Association. If the Assessments (or installments), whether general or special, are not paid on the date(s) when due (being the date(s) specified herein), then such Assessments (or installments) shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such property in the hands of the then Owner, his heirs, personal representatives, successors and assigns. Each Assessment against a Lot shall also be the personal obligation of the Owner at the time the Assessment fell due. Such personal obligation of the then Owner to pay such Assessment shall not pass to his successors in title unless assumed by them. If any installment of an Assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than the amount of such 15 n ,''',...,.,. ..,,,crnr.o,..._ c r.o'lnU"r.oTTT"U(' ex:> ..;::- ex:> m C) ~r<~ "'1 <., J- ":''1;'"' '-., (--: . ) :1': """ (.Q .~ .-.. -;.....;.J C) rq ~ unpaid installment may be imposed (provided that only one late charge may be imposed on anyone unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to additional late charges, provided further, however, that each other installment thereafter coming due shall be subject to one late charge each as aforesaid) or the next 12 months' worth of installments may be accelerated and become immediately due and payable in full and all such sums shall bear interest from the dates when due until paid at the highest lawful rate and the ~ fT1 Association may bring an action at law against the Owner(s) -, personally obligated to pay the same or may record a claim of 0 lien (as evidence of its lien rights as hereinabove provided for~ against the Lot on which the assessments and late charges are g unpaid or may foreclose the lien against the Lot on which the . assessments and late charges are unpaid, or may pursue one or r more of such remedies at the same time or successively, and attorneys' fees and costs of preparing and filing the claim of lien and the complaint, if any, in such action shall be added to the amount of such assessments, late charges and interest, and in the event a judgment is obtained, such judgment shall include all such sums as above provided and reasonable attorneys' fee to be fixed by the court together with the costs of the action, and the Association shall be entitled to attorneys' fees in connection with any appeaL of any such action. In the case of an acceleration of the next 12 months' worth of installments, each installment so accelerated shall be deemed, initially, equal to the amount of the then most current delinquent installment, provided that if any such installment so accelerated would have been greater in amount by reason of a subsequent increase in the applicable budget, the Owner of the Lot whose installments were so accelerated shall continue to be liable for the balance due by reason of such increase and special Assessments against such Lot shall be levied by the Association for such purpose. In addition to the rights of collection of Assessments stated in this Section, any and all persons acquiring title to or an interest in a Lot as to which the Assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Areas until such time as all unpaid and delinquent Assessments due and owing from the selling Owner have been fully paid and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all Assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section 9 of this Article. It shall be the legal duty and responsibility of the Association to enforce payment of the Assessments hereunder. 16 ~/rrr.~~~~n~r~-~ ~MMa/~QT,Mr co t:I:l o O~... :;;>: .-, -., ,~ ~ co J~ r- :.r -..., <.0 """ c; c:. .:,' ""tl -, ~~-':' C) ;~Il Failure of the Association to send or deliver bills shall however, relieve Owners from their obligations hereunder. shall not be the duty of any mortgagee of any part or all Properties to collect Assessments. All Assessments, late charges, interest, penalties, fines, attorney's fees and other sums provided for herein shall accrue to the benefit of the Association. Owners shall be obligated to deliver the documents originally received from the Developer, containing this and other declarations and documents, to any grantee of such Owner. not, It of The Section 9. Subordination of the Lien. The lien of the assessments provided for in this Article shall be subordinate to~ m tax liens and to the lien of any first mortgage to any ~ Institutional Lender and which is now or hereafter placed upon 0 any property subject to Assessment; provided, however, that any ~ such mortgagee when in possession or any receiver, and in the g event of a foreclosure, any purchaser at a foreclosure sale, an~ any such mortgagee acquiring a deed in lieu of foreclosure, and!- all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment coming due after such foreclosure (or conveyarice in lieu of foreclosure). Any unpaid Assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and a lien against all Lots subject to Assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. cc 1='- co m o ~~ :::i ,-") l~ ,-- or r'l r- -., CO ~ -I.' ;:,. I C) PI c) Section 10. Access at Reasonable Hours. For the purpose solely of performing the Lot and exterior Residence maintenance authorized by this Article, the Association, through its duly authorized agents or employees or independent contractors, shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours on any day to accomplish such work. Section 11. Collection of Assessments. The Association shall collect the Assessments of the Association. Section 12. Effect on Developer. Notwithstanding any provision that may be contained to the contrary in this instrument, for as long as Developer is the Owner of any Lot, the Developer shall not be liable for Assessments against such Lot, provided that Developer funds any deficit in operating expenses (exclusive of reserves and management fees) of the Association. Developer may at any time and from time to time commence paying such Assessments as to Lots that it or they own and thereby automatically terminate its obligation to fund deficits in the operating expenses of the Association, or at any time and from time to time elect again to fund deficits as aforesaid. When all Lots within The Properties are sold and conveyed to purchasers, Developer shall not have further liability of any kind to the Association for the payment of Assessments or deficits. 17 n/~~~.~~~~n~~~_~ ~~U~/~UTMr Section 13. Trust Funds. The portion of all regular Assessments collected by the Association for reserves for future expenses, and the entire amount of all special assessments, shall be held by the Association for the Owners of all Lots, as their interests may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the deposits of which are insured by an agency of the United States. ARTICLE VII CERTAIN RULES AND REGULATIONS (/) co ~ -+=- co en o 0..-. ;x -'1 -" Section 1. Applicability. The provisions of shall be applicable to all of The Properties but applicable to the Developer or property owned by this Article V~ shall not be n Q the Developer. :.... r- ;- r - ...... , -~- ,-" .~-c Section 2. Land Use and Building Type. No Lot shall be used except for residential purposes. No building constructed on a Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Residence. Temporary uses by Developer for model homes, sales displays, parking lots, sales offices and other offices, or anyone or combination of such uses, shall be permitted until permanent cessation of such uses takes place. No changes may be made in buildings erected by the Developer (except if such changes are made by the Developer) without the consent of the Architectural Control Board as provided herein. ~ <..0 -+=- "''''1 _ )- G) PI Section 3. Opening Blank Walls; Removing Fences. No Owner shall make or permit any opening to be made in any Developer or Association erected blank wall, or masonry wall or fence, except as such opening is installed by Developer. No such building wall or masonry wall or fence shall be demolished or removed without the prior written consent of the Owner of the adjoining Lot, Developer and the Architectural Control Board. Developer shall have the right but not be obligated to assign all or any portion of its rights and privileges under this Section to the Association. Section 4. Easements. Easements for installation, replacement, connection to, disconnection from, and maintenance of utilities are reserved as shown on the recorded Plats covering The Properties and as provided herein. Within these easements, no structure, planting or other material may be placed or permitted to remain that will interfere with or prevent the maintenance of utilities, unless said structure, planting or other material has been so placed by the Developer or has been so placed by the Developer or Association or with the permission of the Architectual Control Board. The area of each Lot covered by an easement and all improvements in the area shall be maintained continuously by the Owner of the Lot, except as provided herein to the contrary and except for installations for which a public authority or utility company is responsible. The appropriate 18 n/~~~.~~~~n~~~_~ ~Mun/~UTur water and sewer authority, electric utility company, telephone company, the Association, and Developer and their respective successors and assigns, shall have a perpetual easement for the installation, replacement, connection to, disconnection from, and maintenance, all underground, of water lines, sanitary sewers, storm drains, and electric, telephone and security lines, cables and conduits, under and through the utility easements as shown on the Plats. Developer and its designees, successors and assigns, shall have a perpetual easement for the installation and maintenance of cable and community antennae, radio, television and security lines within Platted utility easement areas. All utilities and lines within the subdivision, whether in street rights-of-way or utility easements, shall be installed and maintained underground. Section 5. Nuisances. No noxious, offensive or unlawful activity shall be carried on upon The Properties, nor shall !- ~ anything be done thereon which may be or may become an annoyance CJ:) or nuisance to other Owners. ~ (fl eo ~ ..f:- eo c:: r- fT1 r. Cc rn C) S,?,....,. .-. ., -., ( , ,. , - .:'1[~ ,,~ 1 t-'" .--; -.T.' .':;.>>".' I.) Pi Section 6. Temporary Structures. No structure of a temporary character, or trailer, tent, mobile home, motor home, or recreational vehicle, shall be permitted on The Properties at any time or used at any time as a residence, either temporarily or permanently, except by the Developer during construction. No gas tank, gas container or gas cylinder shall be permitted to be placed on or about the outside of any Residence or on or about any ancillary building. Section 7. Signs. No sign of any kind shall be displayed to the public view on The Properties, except any sign used by the Developer to advertise the company during the construction and sales period. No sign of any kind shall be permitted to be placed inside a home or on the outside walls of the home or on any fences on The Properties, nor on the Common Areas, nor on dedicated areas, if any, nor on entryways or any vehicles within The Properties, except such as are placed by the Developer. Section 8. Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in The Properties, nor on dedicated areas, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in The Properties. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. Section 9. Pets, Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that no more than one (1) household pet not exceeding 29 pounds may be kept on a Lot; provided it is not kept, bred or maintained for any commercial purpose, and provided that it does not become a nuisance or annoyance to any neighbor. No dogs or 19 ,.., I,...,...,.... ., 1/ rr.....T;11"_ t:: T;1"~"1\ IT;1TTT..I" other pets shall be permitted to have excretions on any Common Areas, and Owners shall be responsible to clean-up any such improper excretions. For purposes hereof, a "household pet" means a dog, a cat, two (2) domestic birds, or six (6) small fish. Pets shall also be subject to applicable rules and regulations. Section 10. Visibility at Intersections. No obstruction to visibility at street intersections or Common Area intersections shall be permitted. Section 11. Architectural Control. No building, wall, fence or other structure or improvement of any nature (including landscaping or exterior paint or finish) shall be erected, placed or altered on any Lot until the construction plans apd specifications and a plan showing the location of the structure and landscaping or of the materials as may be required by the Architectural Control Board have been approved in writing by the Architectural Control Board named below and all necessary ~ co governmental permits are obtained. Each building, wall, fence o~ ~ other structure or improvement of any nature, together with the ~ landscaping, shall be erected, placed or altered upon the ~ premises only in accordance with the plans and specifications an~ plot plan so approved and applicable governmental permits and ~ ~ requirements. Refusal of approval of plans, specifications and : Uj plot plans, or any of them, may be based on any ground, including en purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control Board seem sufficient. Any change in the exterior appearance of any building, wall, fence or other structure or improvements, and any change in the appearance of the landscaping, shail be deemed an alteration requiring approval. The Architectural Control Board shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this paragraph. The Architectural Control Board shall be a committee composed of the Board of Directors of the Association. ro Cl '-'.-, :;-= " "., (-~ 1. -;r: : .~ , - 'r . - C) ill The address of said Board shall be the address of the Association's registered agent. A majority of the Board of Directors may designate a representative to act for the Board and may employ personnel and consultants to act for it. The members of the Board shall not be entitled to any compensation for services performed pursuant to this covenant. The Architectural Control Board shall act on submissions to it, or request further information thereon, within thirty (30) days after receipt of the same (and all further documentation required) or else the request shall be deemed approved. Members of the Board shall be appointed by the Board of Directors of the Association as a committee thereof. Without limiting the generality of Section 1 hereof, the foregoing provisions shall not be applicable to the Developer or to construction activities conducted by the Developer. 20 n/~~~.~ACCn~~~ C ~~U~/~UTU~ Section 12. Exterior Appearances and Landscaping. The paint, coating, stain and other exterior finishing colors on all residential buildings may be maintained as that originally installed, without prior approval of the Architectural Control Board, but prior approval by the Architectural Control Board shall be necessary before any such exterior finishing color is changed. Section 13. Commercial Trucks, Trailers, Campers and Boats. No trucks or commercial vehicles, or campers, mobile homes, motorhomes, house trailers or trailers of every other description, recreational vehicles, boats, boat trailers, horse trailers or vans, shall be permitted to be parked or to be stored at any place on The Properties, nor in dedicated areas. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pick-up and deliver~ and other commercial services, nor to vans for personal use whic~ are in acceptable condition in the sole opinion of the Board ~ (which favorable opinion may be changed at any time), nor to any~ vehicles of the Developer. No on-street parking shall be g permitted. :"'1 r Section 14. Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. The requirements from time to time of the applicable governmental authority for disposal or collection of waste shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Containers must be rigid plastic, no less than 20 gallons or more than 32 gallons in capacity, and well sealed. Such containers may not be placed out for collection sooner than 24 hours prior to scheduled collection and must be removed within 12 hours of collection. Section 15. Fences. No fence, wall or other structure shall be erected in the front yard, back yard, or side yard setback areas, except as originally installed by Developer or except as approved by the Architectural Control Board as above provided. Section 16. No Drying. To the extent lawful, no clothing, laundry or wash shall be aired or dried on any portion of The Properties. Section 17. Unit Air Conditioners and Reflective Materials. No air conditioning units may be mounted through windows or walls. No building shall have any aluminum foil placed in any window or glass door or any reflective substance or other materials (except standard window treatments) placed on any glass, except such as may be approved by the Architectural Control Board for energy conservation purposes. Section 18. Exterior Antennas. No exterior antennas shall be permitted on any Lot or improvement thereon, except that Developer shall have the right to install and maintain community 21 Tl I,..,..,.. . ., ... C cn1:",..... '"_ C 1:""111" I1:"UT ...,.. eo -r:- eo ro C> 0.-- "7" .., ( J ,. "r; r ";! ( "')' -,. -... c.o -... l~ c~ rn antenna, microwave antenna, dishes, satellite antenna and radio, television and security lines. Section 19. Chain Link Fences. No chain link fences shall be permitted on any Lot or portion thereof, unless installed by Developer during construction periods. Section 20. Leases. No portion of a Lot and Residence (other than an entire Lot and Residence) may be rented. Each Owner wishing to lease his Lot and Residence must give prior written notice to the Association of such fact and the names and addresses (and such other information required from time to tim~ by the Association) of the occupants under such lease. The ~ Association has the right (but not the obligation) to promulgat~ standard provisions to be included in all lease forms, in whichm case all leases must include such standard provisions or be ~ deemed to include same. Furthermore, the Association reserves r the right to reject for reasonable cause any proposed lease of a Lot and Residence, and if so rejected, no such lease shall be permitted. Section 21. Additional Rules and Regulations. Attached hereto as Schedule A are certain additional rules and regulations of the Association which are incorporated herein by this reference and which, as may the foregoing, may be modified, in whole or in part, at any time by the Board without the necessity of recording an amendment hereto or thereto in the public records. The Association may promulgate rules and regulations governing each of the Communities, may adopt different Assessment schedule and rate for each of the Communities or for each Lot therein, and may set up a separate budget for each of the Communities. . co .p- 00 m o 0...., ;x ....., :., , , t>o 'r; ~ r., 1:"';- r: ~ c.o co -" :.,.;. :.>, L-; it' ARTICLE VIII RESALE RESTRICTIONS No Owner may sell or convey his interest in a Lot unless all sums due the Association shall be paid in full and an estoppel certificate in recordable form to such effect shall have been received by the Owner. If all such sums shall have been paid, the Association shall deliver such certificate within ten (10) days of a written request therefor. The Owner requesting the certificate shall pay to the Association a reasonable sum to cover the costs of examining records and preparing the certificate. ARTICLE IX ENFORCEMENT Section 1. Compliance by Owners. Every Owner shall comply with the restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board of Directors of the Association. 22 n/~~~.~AcCn~~~ c ~~u~ l~nTU~ Section 2. Enforcement. Failure of an Owner to comply with such restrictions, covenants or rules and regulations shall be grounds for immediate action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. The Association shall have the right to suspend voting rights and use of Common Areas (except for legal access) of defaulting Owners. The offending Lot Owner shall be responsible for all costs of enforcement including attorneys' fees actually incurred and court costs. Section 3. Fines. In addition to all other remedies, in th~ sole discretion of the Board of Directors of the Association, a ~ fine or fines may be imposed upon an Owner for failure of an ~ Owner, his family, guests, invitees or employees, to comply wit~ any covenant, restriction, rule or regulation, provided the g following procedures are adhered to: ~ ~ CD c...o CX) oF- CX) OJ C) O,~ ~'-l -., '" ') ,. 1 - -". ~ ,. 1.- r,. .:'"} rn (a) Notice: The Association shall notify the Owner of the alleged infraction or infractions. Included in the notice shall be the date and time of a special meeting of Board of Directors at which time the Owner shall present reasons why penalties should not be imposed. At least 6 days' notice of such meeting shall be given. the (b) Hearing: The alleged non-compliance shall be presented to the Board of Directors after which the Board Of Directors shall hear reasons why penalties should not be imposed. A written decision of the Board of Directors shall be submitted to the Owner by not later than twenty-one (21) days after the Board of Director's meeting. The Owner shall have a right to be represented by counsel and to cross examine witnesses. If the impartiality of the Board is in question, the Board shall appoint three (3) impartial Members to a special hearing panel. (c) Penalties: The Board of Directors (if its or such panel's findings are made against the Owner) may impose special assessments against the Lot owned by the Owner as follows: (1) First non-compliance or violation: a fine not in excess of One Hundred Dollars ($100.00). (2) Second non-compliance or violation: a fine not in excess of Five Hundred Dollars ($500.00). (3) Third and subsequent non-compliance, or a violation or violations which are of a continuing nature: a fine not in excess of One Thousand Dollars ($1,000.00). (d) Payment of Penalties: Fines shall be paid not later than five (5) days after notice of the imposition or assessment of the penalties. 23 n/~~~.?ACCn~~~_c ~~un/~UTU~ (e) Collection of Fines: Fines shall be treated as an assessment subject to the provisions for the collection of assessments as set forth herein. (f) Application of Penalties: All monies received from fines shall be allocated as directed by the Board of Directors. (g) Non-exclusive Remedy: These fines shall not be construed to be exclusive, and shall exist in addition to akl m other rights and remedies to which the Association may be ~ otherwise legally entitled; provided, however, any penalty ~ paid by the offending Owner shall be deducted from or offse~ against any damages which the Association may otherwise be g entitled to recover by law from such Owner. ~ co .p- C::) en '=> ~:.. ~, ..~ ,. <."1 . c ARTICLE X GENERAL PROVISIONS co :- c::> c::> >~..;. COO) nl Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind The Properties, and shall inure to the benefit of and be enforceable by the Developer, the Association, the Architectural Control Board and the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of 75% of all the Lots subject hereto has been recorded, agreeing to revoke said covenants and restrictions. Provided, however, that no such agreement to revoke shall be effective unless made and recorded three (3) years in advance of the effective date of such revocation, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Section 2. Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 3. Enforcement. Enforcement of these covenants and restrictions may be by any Lot Owner, the Association, the Association Board of Directors, the Architectural Control Board or the City of Winter Springs, Florida and may be accomplished by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain a violation or to recover damages, and against 24 n/~~~.~A~~n~~~_~ ~~M~/~UTM~ the Lots to enforce any lien created by these covenants; and failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The City of Winter Springs, Florida shall not be obligated or bound by any of the covenants herein or be liable to or for any person or persons under the covenants herein. Section 4. Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. co Section 5. Amendment. In addition to any other manner her~n ~ provided for the amendment of this Declaration, the covenants, ~: co restrictions, easements, charges and liens of this Declaration ~ may be amended, changed or added to at any time and from time t~ time upon the execution and recordation of an instrument executed-- by the Developer alone, for so long as it holds title to any Lo~ co affected by this Declaration; or alternatively by approval at a' ~ meeting of Owners holding not less than 66 2/3% vote of the membership in the Association, provided, that so long as the Developer is the Owner of any Lot affected by this Declaration, the Developer's consent must be obtained if such amendment, in the sole opinion of the Developer, affects its interest. The foregoing may not be amended. en o (::' ("'""4 ;;A ., -" < , .';- -;t.. '"'7"' -' >;.-:- c-) rn Section 6. Effective Date. This Declaration shall become effective upon its recordation in the Seminole County Public Records. Section 7. Withdrawal. Developer reserves the right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of The Properties then owned by the Developer or the Association from the provisions of this Declaration to the extent included originally in error or as a result of reasonable changes in the plans for The Properties desired to be effected by the Developer. Section 8. Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and By-Laws of the Association and the Articles shall take precedence over the By-Laws. Section 9. Standards for Consent, Approval, Completion, Other Action and Interpretation. Whenever this Declaration shall require the consent, approval, completion, substantial completion, or other action by the Developer, the Association or the Architectural Control Board, such consent, approval or action may be withheld in the sole and unfettered discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially 25 n/~~~.'~ccn~~~_c ~Mu~/~UTMr completed by the Developer or the Association shall be deemed so completed or substantially completed when such matters have been completed or substantially completed in the reasonable opinion of the Developer or Association, as appropriate. This Declaration shall be interpreted by the Board of Directors and an opinion of counsel to the Association rendered in good faith that a particular interpretation is not unreasonable shall establish the validity of such interpretation. Section 10. Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in ~ being having the capacity to take and hold such easement, then ~ any such grant of easement deemed not to have been so created ~ shall nevertheless be considered as having been granted directl~ to the Association as agent for such intended grantees for the ~ purpose of allowing the original party or parties to whom the r- easements were originally intended to have been granted the benefit of such easement and the Owners designate hereby the Developer and the Association (or either of them) as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. co ~ co m o ~'7; -., , , ". 'r < ; . . ~ ~... co <::J N :0:-. "0': l.J n~ Section 11. Covenants Running with The Land. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 1 HEREOF, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES. WITHOUT LIMITING THE GENERALITY OF SECTION 4 HEREOF, IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID, SUCH PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LANDi BUT IF SUCH PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED. Section 12. Dissolution of Association. In the event of a permanent dissolution of the Association, all assets of the Association shall be conveyed to a non-profit organization with similar purposes. Failing the ability to find a non-profit organization to succeed to the Association within 90 days of dissolution of the Association, all Association assets may, upon 26 n/~~~~~A~~n~~~_~ ~Mu~/~UTur approval of and at the sole option and in the sole discretion of the City of Winter Springs, be dedicated to the city government of Winter Springs, Florida. Said successor non-profit organization or governmental entity shall pursuant to this Declaration provide for the continued maintenance and upkeep thereof. Anything to the contrary herein notwithstanding, this Section may not be amended without the written consent of the City of Winter Springs, Florida. ARTICLE XI INFORMATION AND FINANCIAL STATEMENT co 0l=- eo rn o ~-;~ -" (- ~~ (/l m Section 1. Information. The Association shall make ~ available to Owners and any Institutional Lender granted a first~ mortgage on any Lot, and to holders, insurers or guarantors of m any first mortgage on any Lot, current copies of the Declaration~ rules and regulations for Braewick, Articles of Incorporation and Bylaws of Braewick Homeowner's Association, Inc., and the books,: records and financial statements of the Association. The term "available" as used in this section, means available for inspection, upon request, during normal business hours or under other reasonable circumstances. r. , .. . 't~. , ') (': . :: ":t. co c:::::> U,) ::. ~:.-- ~ (:-) Pl Section 2. Financial Statement. Any holder of a first mortgage on a Lot is entitled, upon written request, to a financial statement of the Association for the immediately preceding fiscal year. ARTICLE XII CONTRACTS Section 1. Contracts. The Association, prior to assumption of control of the Association by the Class A members as provided in Article III, Section 2, is not bound either directly or indirectly to contracts or leases (including a management contract) unless there is a right of termination of any such contract or lease, without cause, which is exercisable without penalty at any time after transfer of control, upon not more than ninety days' notice to the other party. ARTICLE XIII INSURANCE AND LENDER'S NOTICES Section 1. Insurance and Fidelity Bonds. The Association shall obtain and maintain in effect casualty and liability insurance and fidelity bond coverage as specified in the Federal National Mortgage Association Lending Guide, Chapter Three, Part 5, Insurance Requirements, as such shall be amended from time to time. Section 2. Lender's Notices. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the lot number or address, any mortgage holder, insurer or guarantor shall be entitled to timely written notice of: 27 T') /,..,..,.. . ., /I r: t:...... 1';'''' _ r: 1';'''''' l\ /1';'TTT U,.. (a) any condemnation or casualty loss that affects either material portion of The Properties or the Lots securing its mortgage; (b) any sixty day delinquency in the payment of Assessments or charges owed by the Owner of any Lot on which it holds the mortgage; (c) a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; tD C> ~r:~ .., (d) any proposed action that requires the consent of a specified percentage of mortgage holders. c.n 00 I'T1 .:::- 3: _ 00 C) r I'T1 n o <., 1_ ,- or. , ., ARTICLE XIV LIMITATIONS ON ASSOCIATION r- ""; 00 <::) ~ .' . v,.-- l- ...) C) P1 Section 1. Limitations on Actions of Association. Unless at least two thirds of the first mortgagees of Lots (based on one vote for each first mortgage owned) or two thirds of the Members Entitled to Vote (other than the Class B Member) have given their prior written approval, the Association shall not be entitled to take any of the following actions: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Areas. The granting of easements for public utilities or other public purposes consistent with the intended use of the Common Areas by the members is not a transfer in the meaning of this clause. (b) Change the method of determining the obligations, Assessments or other charges that may be levied against Owner. (c) By act or omission, change, waiver, abandon any scheme of regulations or their enforcement pertaining to the architectual design or the exterior appearance of units, the exterior maintenance of units, the maintenance of the Common Areas, walks, fences, and driveways, and the upkeep of lawns and plantings in The Properties. (d) Fail to maintain fire and extended coverage on insurable Common Areas on a current replacement cost basis in an amount of at least 100% of the insurable value (based on current replacement costs). (e) Use hazard insurance proceeds for losses to any Common Areas for other than the repair, replacement or reconstruction of the Common Areas. 28 T"l I,..,..,... .., ~ r r.......,.,.._ r .,."..'u" IT.'TTT Uf"' ARTICLE XV PAYMENT OF CHARGES BY FIRST MORTGAGEES Section 1. Payment of Charges by First Mortgagees. First Mortgagees of Lots may: (a) Jointly or singly pay taxes or other charges that are in default and that mayor have become charges against any Common Areas; and (b) Pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Common Areas in the case of lapse of a policy. ARTICLE XVI AGREEMENT FOR PROFESSIONAL MANAGEMENT co CJ:l (/l C) m .:=- o~~ 3:: :;-t "1 duly:;..: co ...., ~,-; c: \. r- ; - rr: .,. n ,"1 0 .: : T co ~1 ::.> :- ~~ c:::J c.., CJ1 111 First Mortgagees making such payments are due immediate reimbursements from the Association. The Association shall execute an agreement reflecting such entitlement to reimbursement. Section 1. Agreement for Professional Management. Any agreement for Professional Management for The Properties or any other contract providing for services of the Developer may not exceed three years. Any such agreement must provide for termination by either party without cause and without payment of the termination fee on ninety days or less written notice. EXECUTED as of the date first above written. I / / ' .' . : . : I . I \ \ I . ~I I'. \ ~ I \ I \, I J: \,: (V',. C/- Lit" 13.,-j ! BRAEWICK OF TUSCAWILLA DEVELOPMENT, INC., a Florida corforation Signed, Sealed and Delivered , , (, "" ",.,......,. "'1, Ilt' P ,. Alan H. Gin~burg ,,' ~~Rside~t " " ~. ..' '\ cc. .. f' : :~j b'-': (CORPORATE SE~~):':; <'71:;; I':' ~ :. .' (l j i _, (~l . - - . ~ / ): /- .= 6~.. ~"... '. .... ,.)' ")... v .. _ - ,(...:;:... '-::. . ".. '.. .,.....::~~. ~,... .... ~'. :~~'1")' ,,~' '. .,I \' .. .,.,........'1"'\'" 29 n /rororo.'")llccnr.>ro_ c 1';11\lU7\ /1';1TTTUro STATE OF FLORIDA ) ) SS: ) COUNTY OF SEMINOLE Tge, Joregoing instrument was acknowledged before me, this ,.:J1(ft\ day of( 'ft' ( , 1987, by Alan H. Ginsburg, as prestdent of BRAEW CK OF TUSCAWILLA DEVELOPMENT, INC., a Florida corporation, on behalf of the corporation. , l( .".<;;~~~'o;:::~:~~'.'.~~":"""", , ,:1 jl',:..( 'Ii \ /c,.~\;.......~.\, an........ " , i : 0 j 0 ~ NOtary Pu ! 2.: ... = State o~ F~orida ~~t9~~\"lC My comml.SSl.on expl. res:. . Notary Pubiic. Slate of Flonda (it l"rn.. I~"o.......,' My Commission E>:pires ;"p~ 15, 1Lf.A ......,~.. \" ,.-.. """ 'l0NC;:O THRIJ AC-ENT'S NOT AnY BF,Or<Efv\G:!: '., Of -' , co ttl Ul Cl nl -l=:- (".J .... 3: ;"IC ....., - CO ~~ u ~~ r- ,::r.- p, ("") .~, ) , C'J ,- ~1 c::> ., r- ~.:.~' c::> C, C1) no 30 p/~~~.~~~~n~~~_~ ~~Mn/~UT.M~ CONSENT AND JOINDER OF MORTGAGE Barnett Bank of Central Florida, N.A., a national banking corporation, being the owner and holder of that certain Mortgage and Security Agreement and security interest created by a Uniform Commercial Code (UCC-l) - Filing Statement on the property referenced in the Declaration of Conditions, Covenants, Easements and Restrictions for Braewick, which Mortgage and Security Agreement was recorded on February 27, 1987 in Official Records Book 1822, Page 1884, Public Records of Seminole County, Florida, and which UCC-l Filing Statement was recorded on February 27, 1987 in Official Records Book 1822, Page 1893, Public Records of Seminole County, Florida, does hereby join in and consent to the foregoing Declaration of Conditions, Covenants, Easements and ~ Restrictions for Braewick and agrees that the lien of said ~ Mortgage and Security Agreement and the UCC-l Filing Statement g shall be subject to the provisions of said Declaration of ~ Condi tions, Covenants, Easements and Restr ictions for Braewick; ~ _ provided, however, that nothing herein shall be deemed to ~ constitute a waiver of any rights reserved or granted to the Mortgagee (or similarly situated parties) in said Declaration of Conditions, Covenants, Easements and Restrictions for Braewick. - Q) -r::- Q) Q'l Cl o ~ :..-~ ~~~ i ~ ? ,~ ~. , .. ,. co o ........, :...~ ;;; ~:,;- C, 01 WITNESSES: BARNETT BANK OF CENTRAL FLORIDA, N.A., a national banking corporation By: ~ c-~_~L. V' J.~... L.. --re.... (I.~.' , i ts ~'" "1&4. -President .., ... ...." CORPORATE SEAL ...I'.~.~~~: :~.. .. ... . '. . / ~/...41 .:" . . . . t".", . :..;: -- .' : ]I>,. : _..,.. .... . :-. (.,. ;,,'!: LLl . ~ . . The fo~going instr~e~t.was acknowledged ~e~b~e ~ th1s () <i '- day of 1:!:Pj)J. ( ,1987 . .' t' ". . by ~~h() L. Trd(lIIlJ,"'1017 ' as:s~ -President of Ba.F~e'tt.. ~~nk of Central Florida, N.A., on behalf corporatilon~.. _ . , h (7 ,'riJ- l-rrvrh / otary Pub ;Ic.C..,T.. State 0 . Flor ida ......\CHl-lI '. "'. My comtni.~si'on Exp5~.l;'.e.s: . .. Notary ~~bJjSi St8~IoCi,da aUa,g,: My- Commissilp~Exl)ires Ju(~'21. 'rtlJa . ., I " . : : U.... . ~ 'J /, : ~ .' : /1 . !/:irr~-('v<-.{ ;;; tk; 0-.i -~. . :. t~ STATE OF FLORIDA COUNTY OF .0 hLl/}"~g~ ;. ~ ... . -. . ;.... };. .' \ . ... , . C ...." .....r.. Fir....,.. . ' "1, ",;"" I' 31 n /rof-.ro. .., It C c.,....r.oro.. C 1:'..1..11 /1:'T],], U" EXHIBIT "A" COMMUNITIES The following Blocks and Lots comprise Creekside Villas: As shown on the Plat: Block A Block B Block C Block 0 Block E Block F Block G Lot 1 Lot 1 Lot 1 Lot 1 Lot 1 Lot 1 Lot 1 Lot 2 Lot 2 Lot 2 Lot 2 Lot 2 Lot 2 Lot 2 Lot 3 Lot 3 Lot 3 Lot 3 Lot 3 Lot 3 Lot 3 Lot 4 Lot 4 Lot 4 Lot 4 Lot 4 Lot 4 Lot 4 Lot 5 Lot 5 Lot 5 Lot 5 Lot 5 Lot 6 Lot 6 Lot 6 Lot 6 Lot 6 The following Blocks and Lots comprise parkside Villas: Block 0 Block P Lot 1 Lot 1 Lot 2 Lot 2 Lot 3 Lot 3 Lot 4 Lot 4 Lot 5 Lot 5 Lot 6 Lot 6 The following Blocks and Lots comprise Golfside Villas: Block H Block I Block J Block K Block L Block M Block N Lot 1 Lot 1 Lot 1 Lot 1 Lot I Lot 1 Lot 1 Lot 2 Lot 2 Lot 2 Lot 2 Lot 2 Lot 2 Lot 2 Lot 3 Lot 3 Lot 3 Lot 3 Lot 3 Lot 3 Lot 3 Lot 4 Lot 4 Lot 4 Lot 4 Lot 4 Lot 4 Lot 5 Lot 5 Lot 6 Lot 6 32 n/~~~.'~ccn~~~ c ~~~~ I~UTM~ (I) co 1""1 ~ S co o r r-1 (J o l".!l o ~=; ...., r. r- -'r:, , ; -r; co r C) co -..." -u - :t> ~;; <.;-) f1~ SCHEDULE A TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR BRAEWICK OF TUSCAWILLA 1. The Common Areas and facilities shall not be obstructed nor used for any purpose other than the purposes intended - therefor. No carts, bicycles, carriages, chairs, tables or any other similar objects shall be stored therein. co ~ co CtI a c">~ ~~, :'} (J') m 7" 2. The personal property of Owners must be stored in thei~ respective Residences or in outside storage areas (if any are ~ provided by Developer). n CJ '" ~. ,- 3. No garbage cans, supplies, milk bottles or other articles shall be placed on the exterior portions of any Residence or Lot and no linens, cloths, clothing, curtains, rugs, mops, or laundry of any kind, or other articles, shall be shaken or hung from or on the Residence, the Lot or any of the windows, doors, fences, balconies, patios or other portions of the Residence or Lot, except as provided in the Declaration with respect to refuse containers. ~ co c::::> (Q -,- r:- , : -, ,-' '.; :... e-, Q rTf 4. No Owner shall permit anything to fall, nor sweep or throw, from the Residence any dirt or other substance onto the Lot or Common Areas. 5. Employees of the Association are not to be sent out by Owners for personal errands. The Board of Directors shall be solely responsible for directing and supervising employees of the Association. 6. No motor vehicle which cannot operate on its own power or unlicensed motor vehicle, boats, recreational vehicles or trailers shall remain on The Properties for more than twenty-four (24) hours, and no repair of such vehicles shall be made thereon. No portion of the Common Areas, including but not limited to the internal road system of Braewick and grassy areas, may be used for parking purposes, except those portions specifically designed and intended therefor. Areas designated for guest parking shall be used only for this purpose and neither Owners nor occupants of Residences shall be permitted to use these areas. Vehicles which are in violation of these rules and regulations shall be subject to being towed by the Association as provided in the Declaration. 7. No Owner shall make or permit any disturbing noises in the Residence or on the Lot by himself or his family, servants, employees, agents, visitors or licensees, nor permit any conduct by such persons that will interfere with the rights, comforts or conveniences of other Owners. No Owner shall play or permit to I o /,..,..,.. . '1 A ~ ~DnT h_ 1 be played any musical instrument, nor operate or permit to be operated a phonograph, television, radio or sound amplifier or any other sound equipment in his Residence or on his Lot in such a manner as to disturb or annoy other residents. No Owner shall conduct, nor permit to be conducted, vocal or instrumental instruction at any time which disturbs other residents. 8. No electronic equiprnent may be permitted in or on any Residence or Lot which interferes with the television or radio reception of another Residence. 9. No awning, canopy, shutter, enclosure projection shall be attached to or placed upon or roof of the Residence or on the Lot, except Architectural Control Board. or other the outside as approved CX) ~ co m (;.) o ~~ -" (J') I'Tl wall~ by t~ I'Tl r;. o 10. No Owner may alter in any way any portion of the Commo& Areas, including, but not limited to, landscaping, without r obtaining the prior written consent of the Architectural Control Board. t-"') r~ ...... , ., c-~ Q:) .::....:.. ;:." o ~- ,., CJ (11 11. No vegetable gardens shall be permitted except in fully enclosed patio areas. 12. No commercial use shall be permitted in the Development even if such use would be permitted under applicable zoning ordinances. 13. No flammable, combustible or explosive fluids, chemicals or substances shall be kept in any Residence, on a Lot or on the Common Areas. 14. An Owner who plans to be absent during the hurricane season must prepare his Residence and Lot prior to his departure by designating a responsible firm or individual to care for his Residence and Lot should the Residence suffer hurricane damage, and furnishing the Association with the name(s) of such firm or individual. Such firm or individual shall be subject to the approval of the Association. 15. An Owner shall not cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, balconies or windows of his Residence. 16. All persons using any pool on the Common Areas (if any) shall do so at their own risk. All children under twelve (12) years of age must be accompanied by a responsible adult. Bathers are required to wear footwear and cover over their bathing suits in any enclosed recreation facilities (if any). Bathers with shoulder-length hair must wear bathing caps while in the pool, and glasses and other breakable objects may not be utilized in the pool or on the pool deck, if any. Pets are not permitted in the pool or pool area (if any) under any circumstances. All persons using the pool, pool area or bath house (if any) shall 2 o /,..,..,.. . ") A c: corn ~_, comply with all rules promulgated by the Board of Directors from time to time and posted in the pool area. 17. Children will be the direct responsibility of their parents or legal guardians, including full supervision of the~ while within The Properties and including full compliance by them with these Rules and Regulations and all other rules and regulations of the Association. Loud noises will not be ~ tolerated. All children under twelve (12) years of age must be ~ accompanied by a responsible adult when entering and/or utilizin~ recreation facilities (if any). ~ co oF:- co co C) 0,- ;lit.., .." C~ ~. , - .'-" 18. Pets and other animals shall neither be kept nor maintained in or about The Properties except in accordance with r the Declaration and with the following: G o , " (.." ~" ..,.. co ,," ..; ;._ ::'."J C;j n, (a) Under no circumstances shall more than one (1) household pet not exceeding 29 pounds be permitted for each Lot. No pet shall be permitted outside of its Owner's Residence unless attended by an adult and on a leash of reasonable length. Said pets shall only be walked or taken upon those portions of the Common Areas designated by the Association from time to time for such purposes. In no event shall said pets ever be allowed to be walked or taken on or about any recreational facilities (if any) contained within the Common Areas. (b) Any pet deemed to be objectionable by the Board of Directors for any reason shall be removed promptly by the Owner on fifteen (15) days' notice. 19. Every Owner and occupant shall comply with these rules and regulations as set forth herein, any and all rules and regulations which from time to time may be adopted, and the provisions of the Declaration, By-Laws and Articles of Incorporation of the Association, as amended from time to time. Failure of an Owner or occupant to so comply shall be grounds for action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. The Association shall have the right to suspend voting rights and use of recreation facilities, if any, in the event of failure to so comply. In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon an Owner for failure of an Owner, his tenants, family, guests, invitees or employees, to comply with any covenant, restriction, rule or regulation herein or in the Declaration, or Articles of Incorporation or By-Laws, as provided in the Declaration. 20. These rules and regulations shall not apply to the Developer, nor its affiliates, agents or employees and contractors (except in such contractors' capacity as Owners), nor to institutional first mortgagees, nor property while owned by either the Developer or its affiliates or such mortgagees. All 3 n /,.,,.,,., . "') " t: t:nTlT h_ 1 of these rules and regulations shall apply, however, to all other Owners and occupants even if not specifically so stated in portions hereof. The Board of Directors shall be permitted (but not required) to grant relief to one or more Owners from specific rules and regulations upon written request therefor and good cause shown in the sole opinion of the Board. co Cl'l U'l C> fT1 -J::'- 0 ~ ;:T.: :'W~ co ~"l 0 ~ ~ f- l. fT1 r:> -r-' 1'1 Q ...: '_J '"Tl co -:"l~~ \;'I' r- ' - :.. c ; C-:l '" r" 4 o I""" . < II t:. t:.OTlT ...._, This instrument prepared by: C. David Brown, II, P.A., Esquire Broad and Cassel 1051 Winder ley Place Fourth Floor Maitland, Florida 32751 FIRST AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS This First Amendment, made on the date hereinafter set forth by Winter Springs Development Corporation, a Florida corporation, hereinafter referred to as the "Developer" and Braewick of Tuscawilla Development, Inc., a Florida corporation, hereinafter referred to as the "Owner". WIT N E SSE T H: Whereas, Developer executed that certain Declaration of ~ Covenants and Restrictions (the "Declaration") on February 26,~ 1987; g n; Whereas, the Declaration was recorded February 27, 1987 ins Official Records Book 1822, Page 1859 of the Public Records o~ Seminole County, Florida. ex> -t::- co c;-, a 8....... ..............., -, tj "!- ,.- co 't. ;:! c; -;l' ;~i.--; (.") fll w Whereas, Owner purchased all that real property subject to the Declaration from Developer; Whereas, Article IV, Section 7 of the Declaration provides that Declaration may be amended by the Developer and the Owner; and Whereas, the Developer and the Owner are desirous of amending the Declaration, as set forth herein. ~ Now, therefore, the Developer and the Owner hereby declare as follows: 1. Each and all of the foregoing recitals are acknowledged to be true and correct and are incorporated herein all as set forth above. 2. Article IV, Section 4 of the Declaration is hereby amended in its entirety to read as follows: "Section 4. Enforcement. If any person, firm or corporation or their heirs, successors or assigns shall violate or attempt to violate any of the easements, covenants or restrictions of this Declaration, it shall be the right of the Developer, its heirs, successors or assigns, any person or persons owning any adjacent 1 property, or the City of Winter Springs, Florida, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate this Declaration, whether such proceeding is to prevent such person from so doing, or to recover damages, and if such person is found in the proceedings to be in violation of or attempting to violate this Declaration, he shall bear all expenses of the litigation, including court costs and reasonable attorneys' fees (including those incurred in post-judgment or appellate proceedings) incurred by the party enforcing this Declaration. Neither Developer nor the City of Winter~ Springs, Florida, shall be obligated to enforce this ? Declaration and shall not in any way or manner be held~ liable or responsible for any violation of this ~ Declaration by any person other than itself. Failure ~ Developer or any other person or entity to enforce anY~l provisions of this Declaration upon breach thereof, : however long continued, shall in no event be deemed waiver of the right to do so thereafter with respect to such person, or as to similar breach occurring prior to or subsequent thereto. The City of Winter Springs, Florida shall not be obligated or bound by any of the covenants herein or be liable to or for any person or persons under the covenants herein." co .;::- co co o ~~ ...., 4". "j }~ ,- -.~ !., ~ .... co ".'f; ~i~ C") (11 ~ 3. Except as specifically amended hereby, the Declaration shall remain in full force and effect. 4. This First Amendment to the Declaration of Covenants and Restrictions shall become effective only upon the recording of this First Amendment to the Declaration of Covenants and Restrictions in the Public Records of Seminole County, Florida. 5. This First Amendment may be executed in counterparts, each of which counterparts shall be deemed an original. In witness whereof, the Declarant and the Owner have caused this First Amendment to be executed this ,,)_:;,' day of April, 1987. ~ Winter Springs Development Corpor9~ion, a F~ id~,t?rlor~ti~m, I' I / ::. .....,.., BY.: v'< . /,_ 4~\.'\" ' . .~l., " L ,//,/ P ," ' \.. __" I ~ . ,1....1(.. " ., . ~ . .of ~ l" ~~. f,'-- . . . ," .' '-- : --- . f, ..- . .. :, L~' ,...." >')11" 2 - .... . ,:"..., I I /, ,,' I /. i/' tJ f I I I \' J 0 -', " . . / ! .,.,.,.".." Braewick of Tuscawilla .,...... cQ" P,v ;"1<'k Development, Inc. ,.., ~~,:...........: "'1\. a Flor i!i, corporation; "'.... <~" bo..... , i'Ol'.;'r (--'. j , :. ~:~ . "1: I z,_J.O ,..- ,# :: ..t ~ (). UJ r' J : ~ .~ '.. ~ 'n - , ':: .'( j - '- f (, i j..! Ilflt, 'I . "', ' ,/ r 1 ) J '\ , I " ) r )'. ; -1 \ ... .' ( '. i ts(....~ ; ~ STATE OF FLORIDA COUNTY OF ORANGE f I hereby certify that on this date personally appeared before, an officer duly authorized tOpdminister oath and take ~ acknowledgments ,j'~nf.A\~~~ as exec.. v ,'ee f,.e:.,'der1t of Winter ~ Springs Development Corporation, a Florida corporation, to me 0 ,- well known to be the person described in and who executed the m foregoing instrument and he acknowledged before me that execute~ the same for the purposes therein expressed. ~ r- co -t='- co C3 o C:) x~~; ..,., ~2 ..... r - Or' ;': co (:/ .. Witness my hand an~ficial seal in , last aforesaid this a ~ day of e County and State .s" 19~ 7 . c..n '"1J ,_c ):.... v) C) fl1 ,,"'''h.. \" '" , ,\" ,"'\ \... ".. .' ' '. " "'. , ". " ... ,/ . N~'r;.:',:' :T:'..;'~. ,-::" i~!Y (\.::;~ H:'I~':LLC ':;J~.:.. ,,"..:' ::'" ".~". Notary Pulic .... ;",' 0 I 19/) " Sta te of Flor iga::- at Large<> " :-': ~ My Commission ~~pi~s: ; ;'; ~ .'; '.L l)!\\ : f'. " , - . \ , . .. , , '"> ," ,......... " '--\, ".:'..''-j.-. ..... '.... c: 1\'= ,} 1,. ,\' Ilfthd;"'\ STATE OF FLORIDA COUNTY OF ORANGE I hereby certify that on this date personally appeared ~: before, an officer. dUlY" authorized tp' a,dmin, ii~te1 oath and ta~e acknowledgments, I,' , .' , " I Ji as L \. : '_ .r 1.. I \.::t:.:..-- of BraewIck of Tuscawilla Development, 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 executed the same for the purposes therein expressed. Witness my hand anA oN~icial last aforesaid this ",- " day ,.1""', seal, 'in, the County and Sta'~'~'Ht-.: , " of I J Ii.'.;-' iA 1987. ....,0;", I . '.'. ". . :f ,. , '.:: :'>; \ -:t a r;" . / ~'~' " , l. 1.1/ k f ei::" Notary Pulic !. . '. ~~ I State of Flor iaa at La'r.~"., My Commission expIres: ~.~' ""I" f.b'i;\' F'u"jr C>'d'e 0' 1:'(lj ....~ '-' I.. r". ~~},' G);-:r.l;';C~~~'~:"[~~ii :~I.' >,'.'~'.. 1:<' l~~.:"":~'" "~t-::~[~. ::-t~~ \;~~:.:.;.,; il(,r,\h' ;:~;,-'<El:_-~"":c.: 3 . " . CONSENT AND JOINDER OF MORTGAGEE Barnett Bank of Central Florida, N.A., a national banking corporation, being the owner and holder of that certain Mortgage and Security Agreement, which Mortgage and Security Agreement was recorded on February 27, 1987 in Official Records Book 1822, Page 1884, Public Records of Seminole County, Florida, and that certain security interest created by a Uniform Commercial Code (UCC-l) - Filing Statement, which UCC-l Filing Statement was recorded on February 27, 1987 in Official Records Book 1822, Page 1893, Public Records of Seminole County, Florida, does hereby join in and consent to the foregoing First Amendment to Declaration of Covenants and Restrictions and agrees that the lien of said Mortgage and Security Agreement and the UCC-l Filing Statement shall be subject to the provisions of said First Amendment to Declaration of Covenants and Restrictions; provided, however, that nothing herein shall be deemed to constitute a waiver of any rights reserved or granted to the Mortgagee (or similarly situated parties) in said First Amendment to Declaration of Covenants and Restrictions. -- Co g; .~ ? 00 :., WITNESSES: (r) nJ !2 a ,-. 'ns BARNETT BANK OF CENTRAL FLORIDA, N.A., a national banking corporation c-~ ~ - , -:.~ CX> -:-, r- -u ~..~--, r;") 0') rl1 t: ~~:~ ' By: J ~:<.. ,~ f""..! ~t ~ ,........... CORPORATE SEA1"t.~.~ ~,^. ~;:""_" .. . . '."" --. '" . I) ,. . STATE OF FLORIDA _ . I #.,", ':.. ~ r' .: .~- : . ___ . \ . ,... . ~ f\ '. . COUNTY OF JhO,,/1{ [/>f-- ~ ~ : ~', :~: If- : t, ;\11. L1) ': . The./o.t:.egoing instru91~,nt- was aCknowl"~ijg~?~"~'e.forE(/tJ)e ..':' / thIS ?<~/b-. day of f~.I'w..-t ,1987i!~.' '.', ". ..\:-...~.: by .jj1f~ . r()m!/~)sl!/7 as S, I!,-pr..esident Of.,~~'r\e~~'B~~""Of Central Florida, N.A., on behalf oft e corporabi, Ke 11.':.," . , -. ') ,,\ ,/ ,t' I,.... -f.",/ / . \ ~~ . . J ) j Notary' ~ lic tate 0, ,/ Florida ~ My ,CQ!fI. mi,~.si'On'''E.~pi r-es: . " "., "", ~\1~UII ", , ., f .N~'T'u~e, Sfaf~ of~~ er ra~; ~' My.~rnrnjs~joQ);fyir~s Jul121, 1969 : ~',.' . I' : ,,0 · " :.~', U"" . -. '-, .J ~/;\~ ' "'.:' ...... "....... ."" -.J-" f'l (". " " , If. I I I I .' , . .~ . , ; , ' \ . ' 4