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AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS
REGARDING CYPRESS CLUB
KNOWN ALL MEN BY THESE PRESENTS:
That, this Amendment to Declarations of Easements, Covenants, Conditions
and Restrictions regarding Cypress Club made this day of October, 1985
by Group 3, Design and Construction, Inc. a Florida Corporation, hereinafter
referred to as Group 3.
ARTICLE X
Compliance With Code of Ordianances
City of Winter Springs, Florida
" The Developer and all parties to this Agreement and all subsequent
parties to this agreement, agree that nothing herein sha1.1 be construed as
a waiver of any section of the Code of Ordinances, City of Winter S~rinqs,
Florida and that the City of Winter Springs is a proper party to this
Agreement to the extent it deems it necessary to enforce same to protect
the citizens of the City of Winter Spirings, Florida."
6. Except as specifically modified herein, all terms and conditions
of the Declaration shall remain in full force and effect.
7. This Amendment shall only be effective upon the recording e
this Amendment in the public records of Seminole County, Florida. ~ t--
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IN WITNESS WHEREOF the Dec1 arant has caused thi s Amendment to b;' ~(~ ~;;, !
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executed this .J.y~ day of t:J~) , 1985. A ..~~~
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City of Hinter Springs
THIS INSTRUI/\U~T h;EPA~'[~. EY
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I 652
0511
DECLARATION OF EASEMENTS.
COVENANTS. CONDITIONS AND RESTRICTIONS
REGARDING CYPRESS CLUB
SL~~i:iOLE CO. FL.
THIS DECLARATION. made
this .5'~ day of r . .
& CONSTRUCTION. INC.. a Florida
1985. by GROUP 3, DESIGN
corporation. hereinafter called "Developer."
WIT N E SSE '1' H:
WHEREAS. Developer is the sole owner of that certain parcel
of real property' situate in Seminole County. Florida, described
in Exhibit "A" attached hereto and incorporated by reference
herein: and
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;~~: development on said real property for the purpose of protecting
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: '! ~:. the value and desirability thereof and its amenities. and for
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~-.:;~ the maintenance of said recreational facilities. streets. open
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. - ~ .8 spaces and other common facilities, and for the purpose of
~ .~ enhancing the marketability thereof:
WHEREAS.
Developer
desires
to
impose
a
common
plan
of
NOW, THEREFORE. Developer hereby declares that all of the
real property described in Exhibit "A" attached hereto and
incorporated by reference herein shall be held, sold and
cunveyed subject to the following easements. conditions.
covenants and restrictions. which are for the purpose of
protecting the value and desirability of. and which shall run
with, said real property and be binding upon all parties having
any right, title or interest therein. or any part thereof.
"
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This Instrument prepared by:
JAMES P. PAN~O
of James P. Panico & AsSociates. p..\.
111 S. M,itIand Ave.
MaJUand.. florila J21SE ",
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J theic respective heirs. successors. and assigns; and which
shall inure to the benefit of the Association and each Owner
thereof. as said terms are hereinafter more particularly
defined.
ARTICLE I
pursuant
to Chapter
617.
Florida
Statutes
(1979),
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DEFINITIONS AND CONSTRUCTION
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Section
1. "Association" means CYPRESS CLUB
ASSOCIATION,
INC., a corporation not for profit
successors and assigns.
Section 2.
"OWner II means the record OWner, whether one
or more persons or entities, of the fee simple title to any lot
which is part of the Properties, including contract sellers,
but excluding any other party holding such fee simple title
merely as security for the performance of an obligation and the
Developer.
Section 3.
.Properties" means that certain parcel of
real property described in Exhibit "A" attached hereto and
incorporated by reference herein. together with such additions
thereto as may hereafter be annexed by amendment to this
Declaration.
Section 4.
.Common Area" means all real property owned
by the Association for the common use and enjoyment of the
OW"ners. The Common Area to be owned by the Association at the
time of the conveyance of the first lot is shown in Exhibit "B"
attached hereto and incorporated by reference herein.
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~ection 5.
"Lot II means any plot of land shown upon any
/ recorded subdivision map or plat of the Properties. together
with all improvements thereon. with the exception of the Common
Area.
Section
"Developer"
GROUP
3.
DESIGN
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means
CONSTRUCTION. INC.. a Florida Corporation. and such of its ~
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successors and assigns who shall acquire lots for development. ~
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Section 7. "Mortgage" means any mortgage. deed of trust g
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or other instrument transferring any interest in a lot. or any
portion thereof. as security for performance of an obligation.
Section 8.
"Mortgagee" means any person named as the
Obligee under any mortgage. as hereinabove defined. or any
successor in interest to such person under such Mortgage.
section 9.
"Highlands Homeowners' Association" means the
association which controls the common areas of the planned unit
development known as the IIHighlandsll and also has recorded
covenants and restrictions at Official Records Book 969. Page
734. as amended in the Public Records of Seminole County.
Florida.
Said Covenants shall be superior to these Covenants
and any conflict shall be resolved in favor of the Covenants
previously recorded.
Section
the
Federal
Housing
10.
"FHA"
means
Administration.
Section 11. "VA" means the Veteran's Administration.
Section 12.
"The Work" means the initial development of
the Properties as a residential communi ty by the construction
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-and ,installation thereon of streets, buildinqs and other
improvements by Developer.
Section 13.
"Recorded" means filed for record in the
Public Records of Seminole County. Florida.
Section
Interpretation.
context
Unless
the
14.
otherwise requires, the use herein of the sinqular shall
include the plural and vice versa; the use of one qender shall
include all qenders; and the use of the term "includinq" shall
mean "includinq. without limitation." This Declaration shall
be liberally construed in favor of the party seekinq to enforce
the provisions hereof to effectuate the purpose of protectinq
and enhancinq the value, marketability, and desirability of the
Properties by providinq a common plan for the development
thereof.
The headinqs used herein are for indexinq purposes
only and shall not be used as a means of interpretinq or
construinq the substantive provisions hereof.
ARTICLE II
PROPERTY RIGHTS '-
Section 1.
owner I S Easements of En iovment.
Every OWner
shall' have a riqht and easement of enjoyment in and to to the
Common Area which shall be appurtenant to and shall pass with
the title to every Lot, subject to the riqht of the Association
tl) dedicate or transfer all or any part of the Common Area to
any public aqency, authority, or utility for such purpose and
subject to such conditions as may be aqreed to by the members.
No such dedication or transfer shall be effective unless an
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,instrument signed by two-thirds (2/3) of each class of members
agreeing to such dedication or transfer has been recorded.
Section 2.
DeleQation of Use.
Any Owner may delegate.
in accordance with the By-Laws of the Association. his right of
enjoYment to the Common Area and facilitie-s thereon to the
en at '
his family. his purchasers.~ a
members of tenants. or contract Con ac:
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provided the foregoing actually reside upon such Owner's Lot. a ,.
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Section 3. OWners' Other Easements. Each OWner s ha 11 p C) r.
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pedestrian vehicular ingress r-
have an easement for and and. -... C")
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egress over. upon and across the Common Area for access to his
Lot and parking area and shall have the right to lateral and
subjacent support of. his Lot. Such easements of ingress and
egress shall be non-exclusive as to all streets. roads and
parking lots situated on the Properties and adjacent to the
Properties but shall be exclusive as to any entranceway. or
portion thereof. providing access to a particular Lot or
covered parking area and si tuated on the Common Area.
There
shall be reciprocal appurtenant easements for the maintenance.
repair and reconstruction of any party wall or walls. as
hereinafter more particularly provided.
All such rights and
easements granted by this Declaration shall be appurtenant to.
and pass with. the title to each Lot.
Section 4.
Basements of Encroachment.
There shall be
r'~ciprocal appurtenant easements of encroachment as between
eclch Lot and such portion or portions of the Common Area
adjacent thereto, or as between adjacent Lots or both, for the
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.unwillful placement. settling. or shifting of the improvements
constructed. reconstructed. or al tered thereon (in accordance
with the terms hereof). to a distance of not more than five (5)
feet. as measured from any point on the common boundary betw~en
each Lot and the adjacent portion of the Common Area -or as
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between said adjacent Lots. as the case may be. along a l1ne~ (J1 0=
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perpendicular to such boundary at such point. provided.~ j;:
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however. that in no event shall an easement for encroachment!=> ~ ~..,
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exist if such encroachment is caused by willful misconduct on ....., C")
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the part of an OWner. Tenant or the Association.
Section 5.
Antennas.
No television or radio masts.
towers. poles. antennas. aerials. or appurtenances thereto.
shall be erected. constructed. or maintained on any Lot. (See
Highlands Covenants)
Section 6.
Use of Unl ts .
Each Lot shall be used for
single-family residential purposes only. and no trade or
business of any kind may be carried on therein.
Lease or
,
rental of a Lot for single-family residential purposes shall
not be construed as a violation of this Covenant.
Section 7.
Use ~f Common Area.
There shall be no
obstruction of the Common Area. nor shall anything be kept or
stored on any part of the Common Area without the prior written
consent of the Association except as specifically provided
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.herein. Nothing shall be altered on. constructed in or removed
from the Common Area except upon the prior written consent of
the Association. However. automobiles shall be permitted to be
placed in the areas designated for parking.
section 8. Prohibition of Dallaqe and Certain
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Activities. Nothing shall be done or kept in any Lot or i~
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the Common Area or any part thereof to increase the rate ofrrl
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insurance on the Properties or any part thereof over what the~
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Association or OWners. but for such activity. would "pay.
without the prior written consent of the Association. Nothing
shall be done or kept in any Lot or in the Common Area. or any
part thereof. which would be a violation of any Statute. rule.
ordinance.
regulation.
permit
other
validly
imposed
or
requirement of any governmental body. No damage to or waste
of. the Common Area or any part thereof or of the exterior of
the Properties a~d buildings shall be committed by any OWner or
any Tenant or invitee of any OWner: and each OWner shall
indemnify and hold the Association and other OWners harmless
against all loss resulting from any such damage or waste caused
by h~m or his Tenants or invitees. to the Association or other
"OWners. No noxious. destructive or offensive activity shall be
permitted on any Lot or in the Common Area or any part thereof.
"nor 'Shall anything be done therein which may be or may become
an annoyance or nuisance to any other owner or to any other
person at any time lawfully residing on the properties.
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Siqns Prohibited. No sign of any kind shall
Section 9.
,
be displayed to the public view on any Lot or the Common Area
wi thout the pr ior wr i tten consent of the Association. except
customary name and address signs and a lawn sign of not Blore
than five (5) square feet in size advertising the property for
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the 'Same are in accordance with
rules
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the
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adopted
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Section
Animals.
poultry
animals.
livestock or
No
10.
of any kind shall be raised. bred or kept on any Lot or the
Common Area except that dogs. cats and other household pets may
be kept on Lots subje~t to rules and regulations adopted by the
Association.
provided that they are not kept,
bred or
maintained
commercial
purpose.
(See
Highlands
for
any
Covenants) There shall be no more that two pets per unit. not
exceeding 20 pounds per pet. nor taller than 14 inches.
Section 11.' Rubbish.
No rubbish. trash. garbage or
other waste material shall be kept or permitted upon any Lot or
Common Area except inside the improvements on each Lot or in
sanitary containers concealed from view. and in accordance with
the rules and regulations adopted by the Association.
Section 12.
ParkinQ Reaulations.
Two parking spaces
shall be provided per unit. All vehicles shall be parked in
'the parking area and not on grassed areas or sidewalks. No
construction vehicles. boats. campers. trailers of any kind or
any unregistered vehicles shall be permitted to be parked
on-site at any time.
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Section 13. Exterior Chanqes.
OWner shall not paint or
otherwise decorate or change the appearance of any portion of
,., the exterior of any buildinq or structure. includinq balconies.
patios. terraces and any stucco portions of the unit.
OWner shall promptly report to the Association any defects 0") CJ
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needs for repairs for portion of the building :J: .,.,
or any the :T- ~ f1
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Association is responsible for maintaining. (See Highlands ~ :-a
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XI
Covenants) "'T1 U1 v~
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No OWner. other than the Developer. shall make any
alterations in the portions of the building which are to be
maintained by the Association. or remove any portion thereof or
make any additions thereto or do any work which would
jeopardize the safety or soundness of the building or impair
any easement. without first obtaining approval from the Board
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of Directors of the Association.
Section
14.
Provisions
Inoperative
as
to
Initial
Construction.
Nothing contained in this Declaration shall be
interpreted or construed to prevent Developer. its transferees.
or its or their contractors. or sub-contractors. from doing and
performing on all or any part of the Properties owned or
controlled
by Developer
within
the
Highlands.
or
its
transferees. whatever they determine to be reasonably necessary
br advisable in connection with he completion of the Work.
includinq. without limitation:
(a) erecting. constructing. and maintaining thereon such
structures as may be reasonably necessary for the conduct
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of Developer's business of completing the Work and
establishing the Properties as a residential community and
disposing of the same in parcels by sale. lease or
otherwise: OJ:
(b) conducting thereon its or theiJ: business of completing
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the Work and establishing the PJ:operties or contlguous~
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pJ:operty as a J:esidential community and disposing of them
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PJ:operties in parcels by sale. lease OJ: otherwise: OJ:
(c)
maintaining
may
be
sign
signs
such
thereon
or
as
reasonably necessary in connection with the sale. lease or
other transfer of the Lots either on the Property or other
Property of Developer. including the use of units as models
and sales offices either by Developer or specified
transferees of Developer.
As used in this Section and its sub-paragraphs. the terms "its
transferees II specifically does not include purchasers of Lots
improved as completed residences.
Section 15. .
Rules and Requlations.
No OWner shall
violate the J:ules and regulations for the use of the Lots and
the Common Area. as the same are from time to time adopted by
the Association.
Section
to
Those
OWDeJ:shil>
Enumerated. fio tJ:ansferof title to any Lot shall pass to the
Riqht1J
Limited
1.6.
owner thereof any rights in and to the Common Area except as
are expressly enumerated in this Declaration. In the event any
Lot is shown or descr ibed as bounded by any stream. pond. or
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.any ~ther body of water situated in whole or in part upon the
Common Area. all riparian rights therein shall be appurtenant
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to the Common Area and no attempted grant thereof to an Owner
shall be effective as to the Association or the other OWners.
ln the event any Lot is shown or described as abutting a
street. utility easement. or other area dedicated to pUblic en
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use. the underlying fee simple title to such area. if any. ~
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shall not pass as an appurtenance to such Lot. but shall be p
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construed as part of the Common Area and pass as an:
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appurtenance to the Common Area. No provision in any Deed or
other instrument of conveyance of any interest in any Lot shall
be construed as passirtg any right. title and interest in and to
the Common Area except as
expressly provided
in this
Declaration.
It is Developer I s express intent that the fact
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that any Lot is shown or described as bounded by any artificial
or natural monument on the Common Area shall not pass to the
Owner of each Lot any rights therein. except as herein
expressly provided. but that such monument shall be a part of
the Common Area and all rights therein shall inure to the
benefit of the Asosociation and all OWners.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1.
"IIembershi 1).
Every Owner. other than the
Developer. shall be required to be a member of the Highlands
Homeowners I Association. Inc.. a Florida Corporation. not for
.
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in addition to the Cypress Club Home OWner I s
Association, Inc., and shall pay all assessments and comply
with all of the rules, regulations, terms and conditions
pertaining thereto. If title to a Lot is held by more than one
person. each of such persons shall be members.
An OWner of
more than one Lot shall be entitled to one membership for eac~
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Lot owned by him. Each such membership shall be appurtenant toS
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the Lot upon which it is based and shall be transferred2
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other than an OWner or Developer may be a member of the
Association. and a membership in the Association may not be
transferred except in connection with the transfer of title to
a Lot: provided, however, the foregoing shall not be construed
to prohibit the assignment of membership and voting rights by
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an OWner who is a contract seller to his vendee in possession.
section 2.
VotinG.
The Association shall have two (2)
classes of voting membership:
(a) Class A.
Class A members shall be all OWners with
the exception of the Developer and shall be entitled to one
(.1) vote for each Lot owned. When more than one person
holds an interest in any Lot. all such persons shall be
members. The vote for such Lot shall be exercised as they
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among themselves determine: but in no event shall more than
one (1) vote be cast with respect to any Lot. There shall
be no split vote.
Prior to the time of any meeting at
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",hich a vote is to be taken. each co-owner shall file the
name of the voting co-owner with the Secretary of the
Association in order to be entitled to vote at such
meeting. unless such co-owners have filed a general vo~ing
authority with the Secretary applicable to all votes until
rescinded.
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(b) Class B.
The Class B member(s) shall be
Developer and shall ~e entitled to fifteen (15) votes
each Lot owned. The Class B membership shall cease and be
converted to Class A membership on the happening of either
~f the following events. whichever occurs earlier:
(i) when th~ total votes outstanding in the Class A
membership equal the total votes outstanding in the
Class B membership; or
(ii) on January 1. 1990; or
(iii) if the Developer. at its option. desires to turn
over control of the Association.
Section
'.
The
of
this
Declaration are amplified by the Articles of Incorporation and
Amplification.
3.
provisions
the BY-Laws of the Association. provided. however. no such
amplification shall substantially alter or amend any of the
rights or obligations of the OWners set forth herein.
I n the
event of any conflict between this Declaration and the Articles
~f Incorporation and the By-Laws. this Declaration shall
control.
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ARTICLE IV
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
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Section 1.
The Common Area. The Association. subject to
the rights of the Owners set forth in this Declaration. shall
be responsible for the exclusive management and control of the
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Common Area and all improvements thereon (including furnishing~
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and equipment related thereto) . and sha 11 keep the same iO:;;
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good. clean. substantial. attractive and sanitary condition.~
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order and repair.
The Association's duties shall extend to.
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and include. all streets and utility installations upon. over.
under and through the Common Area.
Section
2.
Exterior
Maintenance.
In
addition
to
maintenance on the Common Area. the Association shall provide
exterior maintenance upon each Lot which is subject to
I
assessment hereunder. as follows:
paint.
repair. replace and
care
for
roofs.
qutters.
downspouts.
exterior
building
surfaces. trees. grass. walks and other exterior improvements.
Such maintenance shall include the mowing and other care of any
lawn area including trees on any Lot. except that the
Association shall have no duty of replacement or maintenance as
to any shrubs. or as to any landscaped grounds or lawn area
within any enclosed or semi-enclosed area on any Lot. nor shall
the Association1s duty ~f exterior maintenance extend to glass
surfaces. 8creens. or replacement or maintenance of exterior
doors (screen or otherwise) or the fencing (if any). Should an
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. OWne.r neglect or fail to maintain any lawn area or landscaped
,
area wi thin an enclosed or semi-enclosed area. or neglect to
maintain or replace any glass surfaces. exterior doors or
screens. or neglect or fail to maintain patio or Lot fencing.
if .any. .then the Association may maintain. .repair. or replace
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the the case may be. at such OWner's and 0
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cost thereof -Jlha 11 be . added to and become a part of th~ i=
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assessment against that OWner's Lot. In the event that the? c::> =
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need for maintenance or repair is caused by the willful or . co ~
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negligent act of any OWner or any member of the OWner's family
or household. or any OWner's guest. invitees. or tenants. then
the cost of such maintenance or repairs shall be added to and
become a part of the assessment against that OWner's Lot.
Section 3. Services.
The Association may obtain and pay
t
for the services of any person or entity to manage its affairs.
or any part thereof. to the extent that it deems advisable. as
well as such other personnel as the Association shall determine
to be necessary or desirable for the proper operation of the
Properties. whether such personnel are furnished or employed
directly by the Association or by any person or entity with
whom or which it contracts. The Association may obtain and pay
for legal and accounting services necessary or desirable in
connection with the operation of the Properties or the
enforcement of this Declaration. The Association may arrange
wi th others to furnish water. trash collection. sewer service
and other common services to each Lot.
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-15-
Section 4.
Personal ProDerty for Common Use.
The
Association may acquire and hold tangible and intangible
,
personal property and may dispose of the same by sale or
otherwise. subject to such restrictions as may from time to
time be provided in the Association's By-Laws.
Section 5.
llulesAnd Reaulations.
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The Association fr'om~
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time to time may adopted. alter. amend and rescind reasonablef2
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and of thep
rules and regulations governing the use of the Lots
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Common Area. which rules and regulations shall be consistent: CX)
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with the rights and duties established by this Declaration.
Section 6.
ImDlied RiGhts. The Association may exercise
any other right or .privilege given to it expressly by this
Declaration. its Articles of Incorporation. or By-Laws. and
every other right or privilege reasonably to be implied from
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the existence of any right or privilege granted herein or
reasonably necessary to effectuate the exercise of any right or
privileges granted herein.
Section 7.
Restriction on CaDi tal ImDrovements.
Except
for replacement or repair of those items installed by Developer
as part of the Work. and except for personal property related
to the maintenance of the Common Area. the Association may not
authorize capital improvements to the Common Area without
Developer's consent during a period of three (3) years from the
.date of this Declaration. At all times hereafter. all capital
improvements to the Common Area. except for replacement or
.
-16-
,repair of those items installed by Developer as part of the
)
Work and except
for
personal property related
to the
maintenance of the Common Area. shall require the approval of
two-thirds (2/3) of the OWners.
ARTICLE V
COVENANT l'OR&SSESSMENTS
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Section 1. Creation of a Lien and Personal ObliGation
assessments.
The Developer. for each Lot owned within
Properties. hereby covenants. and each OWner of any Lot
acceptance of a deed therefor. whether or not it shall be so
expressed in such deed. is deemed to covenant and agree to pay
to the Association: (.1) annual assessments or charges; and (2)
special assessments for capital improvements. such assessments
to be established and collection as herein provided; and (3)
I
special assessments against any particular Lot which are
established pursuant to the terms of this Declaration; and (4)
all excise taxes. if any. which may be imposed on all or any
portion of the foregoing by law. ,All such assessments.
together .with interest and all costs and expenses of
coll~ction. including reasonable attorney' s "fees. shall be a
charge on the land and shall be a continuing lien upon the
property against which each assessment is made.
Each. such
assessment. together with interest and all costs and expenses
of collection. including reasonable attorney's fees. shall also
be the personal obligation of the person who was the owner of
such property at the time when the assessment fell due. The
.
-17-
. perspnal obligation for delinquent assessments shall not pass
to an OWner I s successors in t,itle unless expressly assumed by
-
them.
Section 2.
Purpose of Assessments.
The assessments
levied by the Association shall be used exclusively to promote
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.the recreation. health. safety and welfare of the residents i~
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~he Properties; for the improvement and maintenance of the~
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Common Area and appurtenant roadways and the exteriors of the"
f"
buildings
provided);
situated
upon
the
Properties
(as
hereinabove
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for
payment
of
all
taxes
assessed to
the
Association. if any. in respect to the Common Area. or the
improvements or personal property thereon. or both: and for the
Association's general activities and operations in promoting
the recreation. health. safety and welfare of the residents in
.
the Properties.
Section 3. Maximum Annual Assessment.
Until January 1
of the year immediately following the conveyance of the first
Lot by Developer to an OWner. the annual assessment shall not
exceed Nine Hundred Sixty Dollars ($960.00).
(a) From and after January 1 of the year immediately
following the conveyance of the first Lot by Developer to
an OWner. the annual assessment may be increased each year
Dot more than twenty percent (20~) above the assessment for
the previous year without vote of the membership unless
provided by statute.
(b) From and after January 1 of the year immediately
following the conveyance of the first Lot to an OWner. the
.
-18-
annual assessment may be increased each year not more than
-
twenty percent (20\) by a vote of two-thirds (2/3) of each
Class of members who are voting in person or by proxy,
unless otherwise provided by statute, at a meeting duly
-called for this purpose.
Section
4.
Special
'As s es sments
for
fix .thee" en m
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{c) ~he Board of Directors of the Association may
annual assessment at an amount not in excess of the
set forth herein.
'"Improvements.
In
addition
to
the
annual
assessments
authorized above, the Association may levy. in any assessment
year. a special assessment applicable to that year only for the
purpose of defraying, in whole or in part. the cost of any
construction.
reconstruction.
repair or replacement of a
I
capital improvement upon the Common Area. including fixtures
and personal property related thereto. or the properties,
provided that any such assessment shall have the assent of
two-thirds (2/3) of the votes of each'Class of voting members
who are voting in person or by proxy at a meeting duly called
"
for tbis purpose and. during the first five (5) years from the
.~ate hereof. the same shall be approved by Developer.
Section 5.
Notice of MeetinGs.
Written notice of any
:meeting called for the purpose of taking any action authorized
under Section3or 4 hereof shall be sent to all members not
less than fifteen (15) days nor more than thirty-five (35) days
in advance of the meeting. At the first such meeting called.
the presence of members or of proxies entitled to cast a
.
-19-
. majo.rity of all the votes shall constitute a quorum.
If the
,
require quorum is not present. another meeting may be called
subject to the same notice requirement. and the required quorum
at the subsequent meeting shall be one-half (1/2) of the
required -guOI:um at the preceding meeting.
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meeting shall be beld more than thirty five days following the~
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preceding meeting.
Section 6.
Uniform Bate of Assessment.
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Both special:-
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assessments for capital improvements. and annual assessments.
shall be fixed at a uniform rate for all Lots and may be
collected semi-annually. in advance. provided. however. the
foregoing requirement. of uniformity shall not prevent special
assessments against any particular Lot which are established
pursuant to the terms of this Declaration.
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Section 7.
Developer'S Assessment.
Notwithstanding the
foregoing requirement of uniformity. or any other provision of
this
Declaration.
or
the
Association's
Articles
of
Incorporation or
By-Laws.
to
the
contrary.
the annual
assessment against any Lot lnwhich Developer owns any interest
shall~ as long as there is Class DB" membership in the
Association. be fixed by the Board of Directors annually in an
amount not less than thirty percent (30~) . nor more than one
.hundred percent (lOO~) of the amount hereinabove established
against Lots
owned by the Class
"A" . members of the
Association. Upon termination of the Class liB" membership in
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-20-
, the Association, as hereinabove provided, the annual assessment
J
against any Lot in which Developer owns an interest shall be
thirty percent (30\) of the amount assessed against Lots owned
by Class ~A" members of the Association, other than Developer.
Vpon transfer of title of a Developer-owned Lot, such Lot shall
be assessed in the amount established against Lots owned by the
Notwi thstanding the foregoing, those Lots
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Class "A" members of the association, prorated
commencing with, the month following the date of
title.
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Developer derives any rental income, or holds an interest as
Mortgagee or contract Seller, shall be assessed at the same
amount as is hereinabove established for Lots owned by Class
"A" members of the Association, prorated as of, and commencing
with. the month fOllowing the execution of the rental agreement
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or mortgage, or the contract purchaser'S entry into possession,
as the case may be.
Section 8. Date of Commencement of Annual Assessments to
the Association..:.. The annual assessmeilts provided for herein
shall commence as to all Lots within that portion of the
Properties described in Exhibit RA" attached hereto no later
than the first uay of the sixth month following the ~ecording
of the conveyance to the Association by Developer of the Common
Area ~escribed in Exhibit"B" attached hereto or sooner at the
sole discretion of Developer.
Developer shall file an
Affidavit stating the commencement of the annual assessments if
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-21-
sooner than the six months. Developer shall give OWner thirty
,
(30) days notice. The annual assessments wi thin any addi tion
to the Properties created by annexation, as hereinafter
provided, shall commence as to all Lots included within -each
such annexation on the first day of the month' fOllowing the
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conveyance of the Common Area included within that annexatio~
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to the Association. The first annual assessment against an~
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remaining in the calendar year.
Both annual and special
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Lot shall be prorated according to the number of months then~
.
assessments may be collected on a semi-annua 1 bas is, in the
discretion of the Board of Directors of the Association, which
shall fix the amount. of annual assessment against each Lot at
least thirty (30) days in advance of each annual assessment
period.
The Association shall, upon demand, and for a
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reasonable
charge,
furnish
to
any
interested
party
a
certificate
signed
by an officer of the Association setting
forth whether the assessments against a specific Lot have been
"
paid and, if not, the amount of the delinquency thereof. The
Board of Directors of the Association shall establish the due
date -of all assessments contemplated by this Declaration.
Nothwithstanding anything contained herein to the contrary,
Developer shall not be requested to pay any assessments
whatsoever 80 long as the assessments to owners is not
increased and Developer controls one-half ~r more of the votes
of the Association.
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-22-
~nnual assessments payable to the Highlands Homeowners'
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.
Association shall begin pursuant to the terms and conditions of
the Highlands Covenants and Restrictions as referred to at
Article I. Section 9 herein.
Section 9 .
Lien for Assessments .
All sums assessed to
favor of the Association.
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Such Lien shall be superior to atl
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any Lot pursuant to this Article. together with interest af@
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all costs and expenses of collection. including reasonab~
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attorney's fees. shall be s~cured by a lien on such Lot ~
other liens and encumbrances on such Lot. except only for:
(a) Liens of general and special taxes; and
(b) A lien for all sums unpaid on a first Mortgage. or on
any Mortgage to Developer. duly recorded. including all
unpaid obligatory advances to be made pursuant to such
I
Mortgage and all amounts advanced pursuant to such Mortgage
and secured by the lien thereof in accordance wi th the
terms of such instrument; and
(c) Construction liens filed prior to the making of such
assessment.
. Except for said liens of general and special taxes. liens for
all sums secured by a first mortgage. and construction liens as
aore particularly described in sub-paraqraphs (a) through (c)
~-->'.bereof. all other lienors acquiring liens on any Lot after the
recordation of this Declaration in the Public Records ~f
Seminole County. Florida. shall be deemed to consent that such
liens shall be inferior to liens for assessments. as provided
herein. whether or not such consent is specifically set forth
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-23-
. in the instruments creating such liens.
The recordation of
J
this Declaration in the Public Records of Seminole County,
Florida, shall constitute constructive notice to all subsequent
purchasers and creditors. or either. of the existence of the
lien hereby
~. .
created
in
favor
of
the
Association and th~
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paid within thirty
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~rioritythereof.
Section 10.
Effect of Wonpavment ~f Assessments:
~f the Association.
Any
assessment
not
(30) days after the due date shall bear interest from the due
date at the maximum rate allowable by law, and if none, at
eighteen percent (18\) per annum. The Association may bring an
action at law against. the OWner personally obligated to pay the
same, or foreclose the lien against the property. No Owner may
waive or otherwise escape liability for the assessments
.
provided for herein by non-use of the Common Area or
abandonment of his Lot. A suit to recover a money judgment for
unpaid assessments hereunder shall be maintainable without
foreclosing or waiving the lien securing the same.
Section 11.
Foreclosure.
The lien for sums assessed
pursuant to this Declaration may be enforced by jUdicial
foreclosure by the Association in the same manner in which
- - -
.",>mortgages on real property may be foreclosed in Florida. In
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-,' .,:. >.:anY.8uchforeclosure. the owner shall be required to pay all
costs and expenses - of
foreclosure.
including reasonable
attorney's fees. All such costs and expenses shall be secured
by the lien being foreclosed. The OWner shall also be required
.
8
, -
-24-
,.,
,
~o pay to the Association any assessments against the Lot which
shall become due during the period of foreclosure, and the same
shall be secured by the lien foreclosed and accounted for as of
the date the Owner's title is divested by foreclosure. The
Association
shall
have
the
right
and
power
to
bid
at
the
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foreclosure or other legal sale to acquire the Lot foreclosed.
and thereafter to hold. convey.
lease.
rent. encumber. use and
otherwise deal with the
same as
the OWner thereof
for
purposes of resale only.
In the event the foreclosure sale
results in a deficiency. the Court ordering the same may. in
its discretion. enter a personal judgment against the OWner
thereof for such deficiency, in the same manner as provided for
foreclosure of Mortgages in the State of Florida.
Section
12.
Homesteads.
By acceptance
of
a Deed
.
thereto. the OWner of each Lot shall be deemed to acknowledged
conclusively that the obligations evidenced by the assessments
provided for in this Declaration are for the improving and
"-
maintenance of any homestead maintained by such OWner on such
OWner's Lot.
Section 13. 5ubordination of the Lien to MortCJaQ'es. The
lien of the assessments provided for herein shall be
"subordinate to the lien ~f any first mortgage.
Sale or
~" ' ~,:.
",./'';transfer of '..any Lot shall not affect "the assessment lien.
However. the sale or transfer of any Lot pursuant to the
foreclosure of any such first mortgage. or of any proceeding in
lieu thereof. shall extinguish the lien of such assessments as
.
-25-
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.
.to p(lyments which became due prior to such sale or transfer.
No sale or transfer shall relieve such Lot from liability for
aS6~essments thereafter becoming due or f rom the 1 ien thereof.
The Association shall. upon written request. report to any
encumbrancer of a Lot any unpaid assessments remaining unpaidcn
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for a period longer than thirty (30) days after the same shall~
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have become due and shall give such encumbrancer a period ofp
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thirty
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in which to
such delinquency
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before:
cure
(30)
instituting foreclosure proceedings against the Lot; provided.
however. that such encumbrancer first shall have furnished to
the Association written notice of the existence of the
encumbrance. which no~ice shall designate the Lot encumbranced
by a proper legal description and shall state the address to
which notices pursuant to this section shall be given to the
encumbrancer.
Any encumbrancer holding a line on a Lot may
pay. but shall not be required to pay. any amounts secured by
the lien created by this Section; and. upon such payment. such
encumbrancer sha 11 be subrogated to all rights of the
'.
Association with respect to such lien. including priority.
ARTICLE VI
PARTY WALLS
~Sectlon 1.
General Rules -of Law to Applv..
Each wall
vhich Is. .built .as part of the original construction of the
buildinqs upon the properties and placed on the dividing line
between the Lots. shall constitute a party wall. and. to the
extent not inconsistent with the provisions of this Article.
-26-
~he general rules of law regarding party walls and liability
>>
for. property damage due to negligence or willful acts or
omissions shall apply thereto.
Section 2.
Sharinq of Repair and Maintenance.
The cost
of reasonable repair and maintenance of a party wall shall be
"shared by the OWners who make use of the wall in proportion to
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~uch use. ~
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party wall is destroyed or damaged by fire or other casualtY?
and it is not covered by insurance. any Owner who has used the
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wall may restore it. and shall contributed to the cost of
restoration thereof
in proportion to their use without
prejudice. however. to the right of any such OWners to call for
a larger contribution from the others under any rule or law
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regarding liability for negligent or willful acts or omissions.
Section 4.
WeatherproofinQ'.
Notwithstanding any other
provisions of this Article. an OWner who by his negligent or
willful act causes the party wall to be exposed to the elements
shall bear the whole cost of furnishing the necessary
protection against such elements.
Section 5.
RiQ'ht to Contribution Runs vi th Land.
the
":riqht of any OWner to contribution from any other OWner under
:}~his Article,shall be appurtenant to the land and shall pass to
such OWner's in title.
Section 6.
FencinQ'.
Fencing between units shall be
treated as a party wall.
I
-27-
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ARTICLE VI I
.
INSURANCE
,
section 1. Obliaation of OWners. Each Owner shall carry
fiie and extended coverage insurance on his Lot in the amount
-of the full insurable value (replacement value) of such Lot.
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and such pOlicy or policies shall name the Association as ~
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eo-insured to the extent its interest may appear. Withi~
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thirty (30) days after acquiring title to a Lot. each owne?
shall submit to the Association a certificate evidencing such
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insurance coverage and providing that the same cannot be
cancelled without at least ten (10) days written notice to the
Association. The for~going provision shall be inoperative if.
and only if. the Association itself maintains such insurance on
such Lot as part of a blanket or master pOlicy insuring all or
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any portion of the properties. Such master or blanket coverage
may be maintained by the Association on any portion of the
properties. with the written consent of the OWners of all Lots
in such portion: and. in such event. the costs of such coverage
shall be specially assessed prorata against each Lot enjoying
the benefit thereof.
Such blanket or master coverage may be
aaintainedbY the Association on all of the Properties if
approved by three-fourths (3/4) of each class of members who
_. ~:~re voting in person or by proxy at a meeting duly called for
such purpose pursuant to notice given not less than thirty (30)
days. nor more than sixty (60) days. in advance of such
.
-28-
.
Geeti.ng.
In such event, the cost of such blanket or master
coverage may either be pa id from general Association funds or
.
may be specially assessed prorata against each Lot within the
Properties, in the discretion of the Association I s Board of
Directors. Notwithstanding the foregoing, no government agency
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a~ an OWner shall be required to carry insurance on any Lot. ~
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Section 2. Association's ObliQations. The Board Of~
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Di.rectors shall provide pUblic liability insurance and casualty!=3
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insurance covering the Common Area and facilities in such
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amounts as may be determined at the discretion of the Board of
Directors from time to time. The Board of Directors may also
provide workmen's compensation insurance and fidelity bonds on
its officers and employees in such amounts as is determined by
the Board of Directors to be necessary or desirable from time
.
to time.
Section 3. Destruction and Reconstruction.
In the event
of a partial or total destruction of a building or buildings,
the same shall be rebuilt and repaired as soon as practicable
and substantially to the same design, plan and specifications
as originally built, unless within ninety (90) days of the date
.of the damaqe or destruction all OWners and first 1Il0rtgage
holders aqree not to rebuild or repair. On reconstruction, the
design, plan and specifications of any bu11dinq or Lot may vary
from that of the original upon approval of the Association,
provided, however, that the number of square feet of any Lot
may not vary by more than five percent (5') from the number of
-29-
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. ------.......... ~ ~-------------~
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.squa~e feet for such Lot as originally constructed. and the
,
location of the buildings shall be sUbstantially the same as
~
prior to the damage or destruction.
In the event any OWner
fails to rebuild or reconstruct the building which is located
ARTICLE VIII
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cn his Lot pursuant to this Section. then and in such event the~
:x
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ASfl;ociation may undertake 'Said reconstruction or rebuilding and ~
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le~y a special assessment against 'Such Lot for the cost thereof. ?
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'STAGE DEVELOPMENTS MID ANNEXATION
Section 1.
Annexation.
Annexation of any lands must
have the approval of the Association. and the FHA and VA. if
applicable. The same shall become effective upon recording of
an appropriate amendment to this Declaration. executed by the
Association and the OWners of all interests in the lands
t annexed.
Section 2. Effect of Annexation. When completed. any
annexation pursuant to this Article shall extend the
jurisdiction. functions. duties and membership of the
Association to the real property thereby annexed. and the
Owners of the Lots within the lands described in Exhibit "A"
attached hereto shall have equal duties and equal rights in and
to the Common Area in the lands annexed with the OWners of the
:;~~ots' in,the annexed lands. and vice versa. except that annual
assessments shall not commence as to any Lot in the annexed
lands until the Common Area wi thin the annexed lands has been
conveyed to the Association.
.
-30-
. .~-
\
. . .
ARTICLE IX
GENERAL PROVISIONS
J
Section 1.
Enforcement.
The Association. or any OWner.
shall have the right to enforce. by any proceeding at law or in
.equity. all restrictions, conditions, covenants, -reservations,
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liens and charges now or hereafter imposed by, or pursuant t~
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the provisions of this Declaration: and the party enforci~
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. same shall have the right to recover all costs and expensei?
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incurred, including reasonable attorney's fees. In the event
the Association enforces the provisions hereof against any
OWner. the costs and expenses of such enforcement, including
reasonable attorney's fees, may be assessed against such
OWner's Lot as a special assessment pursuant to the provisions
hereof. Failure by the Association or by any OWner to enforce
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any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so at any time. If these
restrictions are enforced by appropriate proceedings by any
such OWner or OWners. such OWner or OWners may be reimbursed by
the Association for all or any part of the costs and expenses
incurred,
including
reasonable attorney's
fees.
in the
discretion of the Board of Directors of the Association.
Section 2.
Severability.
Invalidation of anyone of
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,,' ,c".,tbese"covenants or restrictions by judgment or court order
shall in no way affect any other provisions, which shall remain
in full force and effect.
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. ., s.ection 3. Amendment.
The covenants and restrictions of
this Declaration shall run with and bind the land, and shall
~ inure to the benefit of and be enforceable by the Association,
or the OWner of any Lot subject to this Declaration, their
respective
legal
representatives.
heirs.
successors
and
assigns. for a term of thirty (30) years from the date this
CI'l
Declaration is recorded. after which time said covenants shal~
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be automatically extended for successive periods of ten (10)'11
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years. The covenants and restrictions of this Declaration ma~
.
be amended during the first thirty (30) year period by an
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instrument signed by not less than ninety percent (90\> of the
Lot OWners. and ther~after by an instrument signed by not less
than seventy five percent (75\) of the Lot OWners, except as
provided herein for annexation. Any amendment must be properly
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recorded. Notwithstanding anything herein to the contrary. so
long as the Developer is a member or is in control of the
Association. the Developer may amend the Declaration with the
formalities as set forth in the Declar~tion for the purposes of
curing any ambiguities or inconsistencies among or between the
provisions contained in said Declaration or amendments thereto
~r Articles of Incorporation of Cypress Club Homeowners'
. .
Association. Inc.. or the By-Laws ~r to bring the Declaration
.-into compliance with "Standards -set out by Federal Wational
Mortgage Corporation. Federal Home Loan Mortgage Corporation.
VA or FHA. and make any reasonable amendments thereto. so long
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.~, such amendments conform to the general purposes and
standards of the Declaration.
Section 4. FHA/VA Approval. As long as there is a Class
B membership. the following actions will require the prior
approval of the Federal Housing Administration or the Veteran's
Administration if application for FHA mortgage insurance or ~
not withdraw~
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Annexation of additional Properties. dedication of Common Area~
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mortgage
guarantees
has
and
been
made
and amendment of this Declaration.
Section 5. Effect of BecordinQ. Any Lot situated within
"the real property descr ibed in Exhibit "A II attached hereto
shall be deemed to be "subject to assessment". as such term is
used in this Declaration. or in the Association I s Articles of
Incorporation or By-Laws, upon recording of this Declaration;
and any Lot annexed pursuant to the provisions hereof shall be
deemed "subject to assessment" upon recording of the Amendment
to this Declaration annexing the same.
Section 6.
Dedication.
In the event any portion of the
Common Area is dedicated for use by any pUblic agency. or
franchisee thereof. for the purpose of installing utility
facilities servicing the Properties in. over. upon or under the
Common Area. then the provisions of this Declaration shall be
inoperative to the extent that they conflict with the terms of
such dedication.
Each person or entity owning any utility
installations in. over. upon or under the Common Area is hereby
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4lr.ant.ed a right of access over. across and through the Common
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Area for the purpose of maintaining, repairing and replacing
~ the same. Should any of the easements for utilities lie within
the Lots. a right of access to said easements is granted to the
entity or person owning the utility installation.
the
Association
dedicate
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Dec1arat1otp..
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roads on t~
~he requirements of Article II. Section 1. of this
and
all
streets
may
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the
Common
pUblic
upon
acceptance
of
and.
Area
to
use
dedication
pUblic
of
jurisdiction
agency having
by
the
same. the terms and provisions of this Declaration shall not
apply to the areas so dedicated to the extent that the
provisions of this Declaration are inconsistent with such
dedication.
IN WITNESS WHEREOF.
the Developer
caused this
has
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instrument to be duly executed the day and year first above
written.
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Witnesses:
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing
this S- day of
.
Construction. Inc..
Corporation.
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NOTARY PUBLI
My Commission
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EXHIBIT "A"
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A replat of part of Tract "A" and Tract "C", THE HIGHLANDS SECTION TWO. iM
recorded in Plat Book 17. Page 47. of the Public Records of Seminole Count~
Florida (LESS CYPRESS VILLAGE 3RD REPLAT TRACT C - PHASE I. as recorded ~
Plat Book 26, Page 87, of the Public Records of Seminole County, Florid~
Described as follows: n
Beginnning at the northerly most corner of said CYPRESS VILLAGE 3RD REPLIft
TRACT C - PHASE 1, thence run along the northerly line thereof the fOllowingrl
courses South 61043 'IS" East for 102.33 feet, thence South 28016' 45" West
for 35.74 feet, thence South 61043 'IS" East for 143.97 feet, thence South
~1029'43" West, a distance of ~4.93 feet to an intersection with the
northerly right of way line of P'loree Loop, a 24 feet wide right of way as
described in Official Records Book 1003, Page 1441, of the Public Records of
Seminole County, Florida, said intersection being on the arc of a circular
curve concave Southeasterly, having a radius of 181.40 feet, thence
northeasterly, along the arc of said curve, through a central angle of
65051'53", a distance of 208.53 feet to the point of tangency of said curve,
said point of tangency being on the southerly line of said Tract C, THE
HIGhLANDS SECTION TWO, thence South 72038 I 21" East, along said southerly
line, a di stance of 350.68 feet to the southeast corner of said Tract C,
thence North 86028'31" East, for 46.38 feet, thence North 04039'34" West,
for 61.61 feet, thence North 22021' 19" West, for 57.16 feet, thence North
4204~i '35" West, for 41.49 feet, thence North 24007'32" West, for 133.56
feet, thence North 02001'28" West, for 96.06 feet, thence North 15010'47"
East, for 97.35 feet, thence Nor.th 23.00 feet, .thence Nor-th 14018'13" East,
for 200.17 feet, thence North 01020'25" East, for 73 .19 feet to a point
lying on the easterly prolongation of the northerly line of said Tract C, THE
HIGHLANDS SECTION TWO, thence North 81052 '12" West, along said Northerly
line for 297.90 feet '\;0 the Northwest corner of said Tract C, THE HIGHLANDS
SECTION TWO, thence South 65028' 26" West, fo~ 138.06 feet, thence South
38030' 16" West, for 87.24 feet, thence South 15051'59" West for 110.00
feet, thence South 32~4'21" West, for 221.26 feet, thence South 28037'32"
West, for 142.42 feet ~o the point of beginning.
~ntainiOg 8.423 acres more or less.
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EXHIBIT "A"
A replat of part of Tract "A" and Tract "C", THE HIGHLANDS SECTION TWO, as
recorded in Plat Book 17, Page 47, of the Public Records of Seminole County,
Florida (LESS CYPRESS VILLAGE 3RD REPLAT TRACT C - PHASE I, as recorded in
Plat Book 26, Page 87, of the Public Records of Seminole County, Florida)
Described as follows:
Beginnning at the northerly most corner of said CYPRESS VILLAGE 3RD REPLAT
TRACT C - PHASE I, thence run along the northerly line thereof the following 4
courses South 61043'15" East for 102.33 feet, thence South 28016'45" West
for 35.74 feet, thence South 61043'15" East for 143.97 feet, thence South
41029'43" West, a distance of 64.93 feet to an intersection with the
northerly right of way line of PIoree Loop, a 24 feet wide right of way as
described in Official Records Book 1003, Page 1441, of the Public Records of
Seminole County, Florida, said intersection being on the arc of a circular
curve concave Southeasterly, having a radius of 181.40 feet, thence
northeasterly, along the arc of said curve, through a central angle of
650!:;I'53", a distance of 208.53 feet to the point of tangency of said curve,
said point of tangency be-ing on the southerly line of said Tract C, THE
HIGHLANDS SECTION TWO, thence South 72038' 21" East, along said southerly
lir.I~, a distance of 3S0.68 feet to the southeast corner of said Tract C,
thence North 86028'31" East, for 46.38 feet, thence North 04039'34" West,
for 61.61 feet, thence North 22021'19" West, for 57.16 feet, thence North
42045'35" West, for 41.49 feet,. thence North 24007'32" West, for 133.56
feet, thence North 02001'28" West, for 96.06 feet, thence North IS010'47"
East, for 97.35 feet, thence North 23.00 feet, thence North 14018'13" East,
for 200.17 feet, thence North 01020'25" East, for 73.19 feet to a point
lying on the easterly prolongation of the northerly line of said Tract C, THE
HIGHLANDS SECTION TWO, thence North 81oS2 '12" West, along said Northerly
line for 297.90 feet to the Northwest corner of said Tract C, THE HIGHLANDS
SECTION TWO, thence South 6S028 '26" West, for 138.06 feet, thence South
38030'16" West, for 87.24 feet, thence South IS051' 59" West for 110.00
feet, thence South 32~4'21" West, for 221.26 feet, thence South 28037'32"
West, for l42~42 feet to the point of beginning.
Containing 8.423 acres more or less.