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1509
151 7
BY-LAWS
SE/oJii :C:LE co. FL.
OF
GREENS POINTE HOMEOWNERS' ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION. The name of the corporation is GREENS
POINTE HOMEOWNERS' ASSOCIATION, INC., hereinafter referred to as
the "Association". The principal office of the corporation
shall be located at ,
winter Springs, Florida " but meetings of members and
directors may be held-at- such places within the State of
Florida, Counties of Orange and Seminole, as may be designated
by the Board of Directors.
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to the
GREENS POINTE HOMEOWNERS' ASSOCIATION, INC., a Florida corpora-
tion not for profit, its successors and assigns.
Section 2. "Properties" shall mean and refer to that
certain real property described in the Declaration of Covenants,
Conditions and Restrictions, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
Section 3. "Common Area" shall mean all real property
owned by the Association for the common use and enjoyment of the
Owners.
Section 4. "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the Properties with
the exception of the Common Area.
Section 5. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee
simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obliga-
tion.
Section 6. "Declarant" shall mean and refer to PINE GROVE
HOLDING CORPORATION, a Florida corporation, its successors and
assigns if such successors or assigns should acquire more than
one undeveloped Lot from the Declarant for the purpose of
development.
Section 7. "Declaration" shall mean and refer to the
Declaration of Covenants, Conditions and Restrictions applicable
to the Properties recorded in the Public Records of Seminole
County, Florida, in Official Records Book /509-, ,Page
J1J-93 .
Section 8. "Member" shall mean and refer to those persons
entitled to membership as provided in the Declaration.
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of
the members shall be held within one year from the date of
incorporation of the Association, and each subsequent regular
annual meeting of the members shall be held on the same day of
<lfe<>~me month of each year thereafter. at- the hour of 7,00
\' /' LAw OFFICES
MASSEY, ALPER & WALDEN, P. A.
ONE DOUGLAS RLACE
112 WEST CITRUS STREET
(305) 869-0900
ALTAMONTE SPRINGS. FLORIDA 32714
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o'clock, P.M. If the day for the annual meeting of the members
is a legal holiday, the meeting will be heSri:lii::;j,l[EMLsame hour on
the first day following which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the
members may be called at any time by the president or by the
Board of Directors, or upon written request of the members who
are entitled to vote one-fourth (1/4) of all of the votes of the
Class A membership.
Section 3. Notice of Meetings. Written notice of each
meeting of the members shall be given by, or at the direction
of, the secretary or person authorized to call the meeting, by
mailing a copy of such notice, postage prepaid, at least 15 days
before such meeting to each member entitled to vote thereat,
addressed to the member's address last appearing on the books of
the Association, or supplied by such member to the Association
for the purpose of notice. Such notice shall specify the place,
day and hour of the meeting, and, in the case of a special
meeting, the purpose of the meeting.
section 4. Quorum. The presence at the meeting of
members entitled to cast, or of proxies entitled to cast, Twenty
percent (20%) of the votes of each class of membership shall
constitute a quorum for any action except as otherwise provided
in the Articles of Incorporation, the Declaration, or these
By-Laws. If, however, such quorum shall not be present or
represented at any meeting, the members entitled to vote thereat
shall have power to adjourn the meeting from time to time,
without notice other than announcement at the meeting, until a
quorum as aforesaid shall be present or be represented.
Section 5. Proxies. At all meetings of members, each
member may vote in person or by proxy. All proxies shall be in
writing and filed with the secretary. Every proxy shall be
revocable and shall automatically cease upon conveyance by the
member of his Lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number. The affairs of this Association shall
be managed by a Board of at least three (3) but no more than
nine (9) directors, who need not be members of the Association.
Section 2. Term of Office. At the first annual meeting
the members shall elect one director for a term of one year, one
director for a term of two years and one director for a term of
three years; and at each annual meeting thereafter the members
shall elect one director for a term of three years.
Section 3. Removal. Any director may be removed from the
Board, with or without cause, by a majority vote of the members
of the Association. In the event of death, resignation or
removal of a director, his successor shall be selected by the
remaining members of the Board and shall serve for the unexpired
term of his predecessor.
section 4. Compensation. No directors shall receive
compensation for any service he may render to the Association.
However, any director may be reimbursed for his actual expenses
incurred in the performance of his duties.
Section 5. Action Taken without a Meeting. The directors
shall have the right to take any action in the absence of a
meeting which they could take at a meeting by obtaining the
written approval of all the directors. Any action so approved
shall have the same effect as though taken at a meeting of the
directors.
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ARTICLE V
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NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the
Board of Directors shall be made by a Nominating Committee.
Nominations may also be made from the floor at the annual
meeting. The Nominating Committee shall consist of a Chairman,
who shall be a member of the Board of Directors, and two or more
members of the Association. The Nominating Committee shall be
appointed by the Board of Directors prior to each annual meeting
of the members, to serve from the close of such annual meeting
until the close of the next annual meeting and such appointment
shall be announced at each annual meeting. The Nominating
Committee shall make as many nominations for election to the
Board of Directors as it shall in its discretion determine, but
not less than the number of vacancies that are to be filled.
Such nominations may be made from among members or non-members.
Sec t ion 2. Elect ion. Elect ion to the Board of Directors
shall be by secret written ballot. At such election the members
or their proxies may cast, in respect to each vacancy, as many
votes as they are entitled to exercise under the provisions of
the Declaration. The persons receiving the largest number of
votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the
Board of Directors shall be held monthly without notice, at such
place and hour as may be fixed from time to time by resolution
of the Board. Should said meeting fall upon a legal holiday,
then that meeting shall be held at the same time on the next day
which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the
Board of Directors shall be held when called by the President of
the Association, or by any two directors, after not less than
three (3) days notice to each director.
Section 3. Quorum. A majority of the number of directors
shall constitute a quorum for the transaction of business.
Every act or decision done or made by a majority of the direc-
tors present at a duly held meeting at which a quorum is present
shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES Of THE BOARD OF DIRECTORS
Section 1.
power to:
Powers.
The Board of Directors shall have
(a) adopt and publish rules and regulations governing the
use of the Common Area and facilities, and the personal conduct
of the members and their guests thereon, and to establish
penalties for the infraction thereof;
(b) suspend the voting rights and right to use of the
recreational facilities of a member during any period in which
such member shall be in default in the payment of any assessment
levied by the Association. Such rights may also be suspended
after notice and hearing, for a period not to exceed sixty (60)
days for infraction of published rules and regulations;
(c) exercise for the Association all powers, duties and
authority vested in or delegated to the Association and not
reserved to the membership by other provisions of these By-Laws,
the Articles of Incorporation, or the Declaration;
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(d) declare the office of a memb~'r"'b'f- "'tnte-' Board of
Directors to be vacant in the event such member shall be absent
from three (3) consecutive regular meetings of the Board of
Directors; and
(e) employ a manager, an independent contractor, or such
other employees as they deem necessary, and to prescribe their
duties.
Section 2.
Directors to:
Duties.
It shall be the duty of the Board of
(a) cause to be kept a complete record of all its acts
and corporate affairs and to present a statement thereof to the
members at the annual meeting of the members, or at any special
meeting when such statement is requested in writing by
one-fourth (1/4) of the Class A members who are entitled to
vote;
(b) supervise all officers, agents and employees of this
Association, and to see that their duties are properly perform-
ed.
(c) as more fully provided in the Declaration, to:
(1) fix the amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual
assessment period;
(2) send written notice of each assessment to every
Owner subject thereto at least thirty (30) days in advance of
each annual assessment period; and
(3) foreclose the lien against any property for
which assessments are not paid within thirty (30) days after due
date or to bring an action at law against the owner personally
obligated to pay the same.
(d) issue, or to cause an appropriate officer to issue,
upon demand by any person, a certificate setting forth whether
or not any assessment has been paid. A reasonable charge may be
made by the Board for the issuance of these certificates. If a
certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
(e) procure and maintain adequate liability and hazard
insurance on property owned by the Association;
(f) cause all officers or employees having fiscal
responsibilities to be bonded, as it may deem appropriate;
(g) cause the Common Area to be maintained.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of this
Association shall be a president and vice-president, who shall
at all times be members of the Board of Directors, a secretary
and a treasurer, and such other officers as the Board may from
time to time by resolution create.
Section 2. Election of Officers. The election of
officers shall take place at the first meeting of the Board of
Directors following each annual meeting of the members.
Section 3. Term. The officers of this Association shall
be elected annually by the Board and each shall hold office for
one (1) year unless he shall sooner resign, or shall be removed,
or otherwise disqualified to serve.
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Section 4. Special Appointmerl)t~::~,;~~'t!).Ef"U3oard may elect
such other officers as the affairs of the Association may
require, each of whom shall hold office for such period, have
such authority and perform such duties as the Board may, from
time to time, determine.
section 5. Resignation and Removal. Any officer may be
removed from office with or without cause by the Board. Any
officer may resign at any time giving written notice to the
Board, the president or the secretary. Such resignation shall
take effect on the date of receipt of such notice or at any
later time specified therein, and unless otherwise specified
therein, the acceptance of such resignation shall not be
necessary to make it effective.
section 6. Vacancies. A vacancy in any office may be
filled by appointment by the Board. The officer appointed to
such vacancy shall serve for the remainder of the term of the
officer he replaces.
Section 7. Mul!iQle Offices. The offices of secretary
and treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices
except in the case of special offices created pursuant to
Section 4 of this Article.
section 8.
follows:
Duties.
The duties of the officers are as
President
(a) The president shall preside at all meetings of the
Board of Directors; shall see that orders and resolutions of the
Board are carried out; shall sign all leases, mortgages, deeds
and other written instruments and shall co-sign all checks and
promissory notes.
Vice-President
(b) The vice-president shall act in the place and stead
of the president in the event of his absence, inability or
refusal to act, and shall exercise and discharge such other
duties as may be required of him by the Board.
Secretary
(c) The secretary shall record the votes and keep the
minutes of all meetings and proceedings of the Board and of the
members; keep the corporate seal of the Association and affix it
on all papers requiring said seal; serve notice of meetings of
the Board and of the members; keep appropriate current records
showing the members of the Association together with their
addresses, and shall perform such other duties as required by
the Board.
Treasurer
(d) The treasurer shall receive and deposit in appro-
priate bank accounts all monies of the Association and shall
disburse such funds as directed by resolution of the Board of
Directors;shall sign all checks and promissory notes of the
Association; keep proper books of account; cause an annual audit
of the Association books to be made by a public accountant at
the completion of each fiscal year; and shall prepare an annual
budget and a statement of income and expenditures to be present-
ed to the membership at its regular annual meeting, and deliver
a copy of each to the members.
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ARTICLE IX
SE!':.::S~E CO. FL.
COMMITTEES
The Association shall appoint an Architectual Control
Committee, as provided in the Declaration, and a Nominating
Committee, as provided in these By-Laws. In addition, the Board
of Directors shall appoint other committees as deemed appro-
priate in carrying out its purpose.
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall at
all times, during reasonable business hours, be subject to
inspection by any member. The Declaration, the Articles of
Incorporation and the By-Laws of the Association shall be
available for inspection by any member at the principal office
of the Association, where copies may be purchased at reasonable
cost.
ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration, each member is
obligated to pay to the Association annual and special assess-
ments which are secured by a continuing lien upon the property
against which the assessment is made. Any assessments which are
not paid when due shall be delinquent. If the assessment is not
paid within thirty (30) days after the due date, the assessment
shall bear interest from the date of delinquency at the rate of
fifteen percent (15%) per annum, and the Association may bring
an action at law against the Owner personally obligated to pay
the same or foreclose the lien against the property, and
interest, costs, and reasonable attorney's fees of any such
action shall be added to the amount of such assessment. No
Owner may waiver or otherwise escape liability for the assess-
ment provided for herein by non-use of the Common Area or
abandonment of his Lot. In addition, assessments are due the
Highlands Homeowners Association.
ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words: "GREENS POINTE HOMEOWNERS'
ASSOCIATION, INC.", and "Corporation not for profit."
ARTICLE XIII
AMENDMENTS
Section 1. These By-Laws may be amended, at a regular or
special meeting of the members, by a vote of a majority of a
quorum of members present in person or by proxy, except that the
Federal Housing Administration or the Veterans Administration
shall have the right to veto amendments while there is Class B
membership.
Section 2. In the case of any conflict between the
Articles of Incorporation and these By-Laws, the Articles shall
control; and in the case of any conflict between the Declaration
and these By-Laws or the Articles, the Declaration shall
control.
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ARTICLE XIV
MISCELLANEOUS
The fiscal year of the Association shall begin on the 1st
day of January and end on the 31st day of December of every
year, except that the first fiscal year shall begin on the date
of incorporation.
IN WITNESS WHEREOF, we, being all of the directors of the
GREENS POINTE HOMEOWNERS' ASSOCIATION, INC., have hereunto set
our hands this day of\l \1\',\- \.._ , 1983.
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STATE OF FLORIDA
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COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments personally appeared PHILIP DIORIO ,
to me known to be the person described in and who executed the
foregoing instrument for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this 13th day of December ,1983.
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Notary Public
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My Commission Expires:
Notary Public, State of Florida at large
My Commission Expires Aug. 17, 1985
SO~IOEO THRU HUCKLEBEAAV, SIBLEV
& HARVEY IN9lJAANCE , BONUS, IHC.
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STATE OF' FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments personally appeared GARY E. MASSEY ,
to me known to be the person described in and who executed the
foregoing instrument for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this 13th day of December ,1983.
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Notary Public
My Commission Expires:
Notary Public. State of Florida at large
My C,ommlsslbn Expires Aug. 17, 1985
[V.lNOEO THRU HOCKLEBERRY, SIBLEY
& HARVEY INSUl'ANCE . BONDS. IHe.
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S:':. '<_l': CJ. FL.
STATE OF FLORIDA
COUNTY OF SililNOLE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments personally ap~earea MIGillL ES~ ,
to me known to be the person described in and who executed the
foregoing instrument for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this 13th___ day of Dec~r
1983.
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(Notat"ial S~al)
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Notary Public
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Commission Expires:
~taCory Pu~jc, State of Florida at Large
-, mITMSllon Expires Aug. 17, 1985
BONDEO THFtU HUCkLEBERAY. SIBLEY
, HAIt\llY 'lifSU"ANCE I BONOS. INC.
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CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am duly elected and acting secretary of GREENS
POINTE HOMEOWNERS' ASSOCIATION, INC., a Florida corporation, and
THAT the foregoing By-Laws constitute the original By-Laws of
said Association, as duly adopted at a meeting of the Board of
Directors thereof, held on the 13 day of J>'...
1983.
IN WITNESS WHEREOF, I have hereunto
affixed the seal of said Association
.:z>e4. , 1983.
subscribed my name and
this /.3 day of
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Secr ary
(Corporate Seal)
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1509
I !:- 9 3
DECLARATION OF COVENANTS, RESTRICTIOIlsr,i:xtm: CO. FL.
AGREEMENT OF MAINTENANCE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, PINE GROVE HOLDING CORP., a Florida corporation
is the owner of real property located in Seminole County,
Florida, described as follows, to-wit:
All of GREENS POINTE, according to the Plat
thereof as recorded in Plat Book 29 ,
pages'2~~5-,Z6,~ Publ ic Records of Seminole
County, Florida.
AND WHEREAS, Developer desires that all of the above
described real property be subject to like restrictions for the
mutual benefit and protection of itself and all parties,
individual, corporate or otherwise, who may hereafter purchase
or acquire said property or any part thereof or any interest in,
or lien upon said property or any part thereof.
NOW THEREFORE in consideration of the premises, Developer
does hereby declare the above described real property to be
subject to the following restrictions, reservations, covenants
and conditions binding upon said Developer and upon each and
every p~rty whether individual, corporate or otherwise, who or
which shall have any right, title or interest in said real
property or any part thereof, and their respective heirs,
personal representatives, successors and assigns, said restric-
tions, reservations, covenants and conditions being as follows:
1. DEFINITIONS.
(a) "Association" shall mean and refer to GREENS
POINTE Homeowners Association, Inc., a Florida corporation not
for profit, its successors and assigns.
(b) "Properties" shall mean and refer to that certain
real property described in the Declaration of Covenants, Condi-
tions and Restrictions, and such additions thereto as may
hereafter be brough within the jurisdiction of the Association.
(c) "Lot" shall mean and refer to any plot of land
shown upon the recorded subdivision map of the Properties with
the exception of the Common Area.
~~
LAw OFFICES
MASSEY, ALPER & WALDEN, P. A.
ALTAMONTE SPRINGS. FLORIDA 32714
ONE DOUGLAS PLACE
112 WEST CITRUS STREET
(305) 869-0900
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(d) "Member" shall mean and S:fsh:f:eLlfOOoFlthose persons
entitled to membership as provided in the Declaration.
Members
shall also be members of the Highlands Homeowners Association.
(e) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title
to any lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
(f) "Developer" shall mean and refer to PINE GROVE
HOLDING CORP., its successors, assigns, and transferees if such
successors, assigns, or transferees should acquire more than one
undeveloped lot from the Developer for the purpose of develop-
mente
(g) "Restrictions" shall mean and refer to these
Declaration of Covenants, Restrictions and Agreement of Main-
tenance applicable to the Development recorded in the office of
the Clerk of the Circuit Court, Seminole County, Florida.
(h) "Development" shall mean and refer to all of the
property as is hereinabove set forth and as from time to time
added to in conformance herewith.
( i )
"Maintenance Year" shall mean and
refer to a
year running from 1st day of January to the 31st day of Decem-
ber.
(j) "Highlands Homeowners' Association" means the
Association which controls and maintains the common areas and
amenities of the planned unit development known as "The High-
lands", of which development the real property subject to this
Declaration of Covenants, Restrictions is a part, and which has
recorded a "Declaration of Covenants, Conditions and Restric-
tions in the official records of Seminole County in Book 969,
Page 734, with amendments. The said Covenants shall be superior
to this Declaration of Covenants, Restrictions and any conflict
between the two shall be resolved in favor of the above referred
to Declaration of Covenants. The said Declaration of Covenants
is incorporated herein by reference, and made a part of this
Declaration of Covenants, Restrictions and Agreement of Main-
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2. ASSOCIATION MEMBERSHIP.
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Every person or entity who is a record owner of a fee
or undivided fee interest in any lot which is subject by
covenant of record to assessment by the Association, including
the Seller of an executory contract of sale, shall be a member
of the Association.
The foregoing is not intended to include
persons or entities who hold an interest merely as security for
the performance of an obligation. No owner shall have more than
one membership per lot owned. Membership shall be appurtenant
to and may not be separated from ownership of any lot which is
subject to assessment by the Association. Ownership of such lot
shall be the sole qualification for membership.
3. VOTING MEMBERSHIP.
The Association shall have two classes of voting
membership:
Class A. Class A nembers shall be all those owners as
defined in paragraph 2 hereof with the exception of the Develo-
per. Class A members shall be entitled to one vote for each lot
in which they hold the interest required for membership by
paragraph 2.
When more than one person holds such interest in
any lot, all such persons shall be members.
The vote for such
lot shall be exercised as they among themselves determine, but
in no event shall more than one vote be cast with respect to any
lot.
Class B.
The Class B member shall be the Developer.
The Class B member shall be entitled to three (3) votes for each
lot in which it holds the interest required for membership by
paragraph 2, provided that the Class B membership shall cease
and be converted to Class A membership on or before seven (7)
years from date hereof.
4. USE OF COMMON AREAS.
Every member shall have a right of enjoyment in and an
easement to and over the Properties and such easement shall be
appurtenant to and shall pass with the title to every assessed
lot, subject to the following provisions:
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(a) The right of the AssociationS~Hh':afiIfi(i.tfLthe number
of guests of members;
(b) The right of the Association, in accordance with
its Articles and By-laws, to borrow money for the purpose of
improving the Properties and facilities and in aid thereof to
mortgage said Properties, and the rights of such mortgagee in
said Properties shall be subordinate to the rights of the
homeowners hereunder;
(c) The right of the Association to suspend the
voting rights of and right to use the recreational facilities by
a membe r, (1)
for any period during which an assessment against
his lot remains unpaid; and (2) for a period not to exceed
thirty (30) days for any infraction of its published rules and
regulations;
(d) The right of the Association and/or Developer to
dedicate or transfer all or any part of the Properties to any
public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the members.
No such dedication or transfer by the Association shall be
effective unless an instrument signed by members entitled to
cast two-thirds (2/3) of the votes of the Class A membership and
two-thirds (2/3) of the votes of the Class B membership, if any,
has been recorded, agreeing to such dedication or transfer, and
unless written notice of the proposed action is sent to every
member not less than thirty (30) days nor more than sixty (60)
days in advance.
5. ASSESSMENTS.
(a) The Developer, for each lot owned within the
development, hereby covenants, and each owner of any lot by
acceptance of a deed therefor, whether or not it shall be so
expressed in any such deed or other conveyance, is deemed to
covenant and agree to pay the Association:
(1) annual assess-
ments or charges and (2)
special assessments for capital
improvements, such assessments to be fixed, established and
collected from time to time as hereinafter provided. The annual
and special assessments, together with such interest thereon and
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costs of collection thereof, as hereinafter pe~~~,F~hall be a
charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each such
assessment, together with such interest, costs and 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.
(b) The assessments levied by the Association shall
be used exclusively for the purposes of promoting the recrea-
tion, health, safety, and welfare of the residents in the
Development and in particular for the improvement and mainten-
ance of the Development services, and facilities devoted to this
purpose and related to the use and enjoyment of the homes
situated upon the Development.
(c) Immediately following the conveyance of the first
lot to an owner, the maximum annual; assessment shall be
$120.00 per lot.
Developer guarantees any shortage for two
years.
(d) Immediately following the conveyance of the first
lot to an owner, the maximum annual assessment shall be increas-
ed effective January 1st of each year without a vote of the
membership in conformance with the rise, if any, of the Consumer
Price Index (published by the Department of Labor, Washington,
D.C.) for the preceding month of July.
( e )
Immediately following
the conveyance of the
first lot to an owner, the maximum annual assessment may be
increased above that established by the Consumer Price Index
formula by a vote of the members for the next succeeding one
year, and at the end of each such period of one year, for each
succeeding period of one year, provided that any such change
shall have the assent of two-thirds (2/3) of the votes of each
class of members who are voting in person or by proxy, at a
meeting duly called for this purposes, written notice of which
shall be sent to all members not less than ten (10) days nor
more than thirty (30) days in advance of the meeting, setting
forth the purpose of the meeting.
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(f) After consideration of curre~~,niiRh~t1~JJ(mce costs
and future needs of the Association, the Board of Directors may
fix the annual assessment of an amount not in excess of the
maximum.
(g) The above assessments are in addition to those
of the Highlands Homeowners Association.
6. SPECIAL ASSESSMENTS.
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
or reconstruction, unexpected repair or replacement of a
described capital improvement upon the properties, including the
necessary fixtures and personal property related thereto,
provided that any such assessment shall have the assent of
two-thirds (2/3) of the votes of each class of members who are
voting in person or by proxy at a meeting duly called for this
purpose, written notice of which shall be sellt to all members
not less than ten (10) days nor more than thirty (30) days in
advance of the meeting setting forth the purpose of the meeting.
Both annual and special assessments must be fixed at a uniform
rate for all lots and may be collected on a monthly basis, as is
more specifically set forth herein; 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.
7. QUORUM FOR MEETINGS ON ASSESSMENTS.
At the first meeting called, as provided in sections
5(e) and 6, hereof, the presence at the meeting of members or of
proxies entitled to cast Twenty per cent (20%) of all the votes
of each class of membership shall constitute a quorum. If the
required quorum is not forthcoming at any meeting, another
meeting may be called subject to the notice requirement set
forth in sections 5(e) and 6. No such subsequent meeting shall
be held more than sixty (60) days following the preceding
meeting.
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8. TERM OF ASSESSMENTS.
SE!:,:;v~:: CO. FL.
The annual assessments provided for herein shall
commence immediately following the conveyance of the first Lot
to an owner.
The first annual assessment shall be adjusted
according to the number of months remaining in the maintenance
year. The Board of Directors shall fix the amount of the annual
assessment against each lot at least thirty (30) days in advance
of each annual assessment period. Written notice of the annual
assessment shall be sent to every owner subject thereto. The
due dates shall be established by the Board of Directors. The
association shall upon demand at any time furnish a certificate
in writing signed by an officer of the Association setting forth
whether the assessments on a specified lot have been paid. A
reasonable charge may be made by the Board for the issuance of
these certificates.
Such certificates shall be conclusive
evidence of payment of any assessment therein stated to have
been paid. The Developer, shall, however, maintain all unsold
and completed units, together with all vacant lots until a
transaction is completed in the name of an Owner-Occupant.
9. DELINQUENT ASSESSMENTS.
Any assessments which are not paid when due shall be
delinquent.
If the assessment is not paid within thirty (30)
days after the due date, the assessment shall bear interest from
the date of delinquency at the rate of fifteen per cent (15%)
per annum, and the Association may bring an action at law
against the owner personally obligated to pay the same, or
foreclose the lien against the property, and interest, costs,
and reasonable attorney's fees or any such action shall be added
to the amount of such assessment.
No owner may wa i ve or
otherwise escape liability for the assessments provided for
herein by non-use of the properties or abandonment of his lot.
10. MORTGAGES 1 FORECLOSURES. The lien of the assess-
ments provided for herein shall be subordinate to the lien of
any mortgage or mortgages, or lien of the Highlands Homeowners
Association. Sale or transfer of any lot shall not affect the
assessment lien. However, the sale or transfer of any lot which
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is subject to any mortgage, pursuant l:iR~\a.,~~fJ~. of foreclosure
under such mortgage or any proceeding in lieu of the foreclosure
thereof, shall extinguish the lien of such assessments as to
payment thereof which became due prior to such sale or transfer.
No such sale or transfer shall relieve such lot from liability
for any assessments thereafter becoming due or from the lien
thereof.
11. ASSESSMENT EXEMPTIONS.
The following property subject hereto shall be exempt
from the assessments created herein:
(a) All properties dedicated to and accepted by a
local public authority;
(b) The properties designated as "Common Area".
12. RESIDENTIAL USE ONLY.
No lot shall be used except for single family residen-
tial purposes. No building shall be erected, altered, placed,
or permitted to remain on any lot other than one single family
dwelling not to exceed two (2) stories in height and a private
garage for not more than two (2) cars.
13. ARCHITECTURAL CONTROL COMMITTEE.
The Architectural Control Committee shall be composed
of three (3) members of the Board of Directors of GREENS POINTE
Homeowners Association, Inc., (a Florida corporation not for
profit), or three (3) persons appointed by the Board of Direc-
tors of said corporation not for profit who shall not necessari-
ly be members of the Board of Directors.
In the event of death
of, or resignation of any member of the committee, the Board of
Directors shall designate a successor within sixty (60) days
from the date of said death or resignation.
14. PLAN APPROVAL.
Except for buildings and structures and all additions
and alterations thereto constructed by the Developer, no
building shall be erected, placed or altered on any lot until
the construction plans and specifications and a plan showing the
location of the structure have been approved by the Architec-
tural Control Committee as to quality of workmanship and
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materials, harmony of external design~1f'th-~!iIt.ing structures,
and as to location with respect to topography and finish grade
elevation. The approval of the Highlands Homeowners Association
Architectual Review Board is also required.
15. TIME FOR APPROVAL.
The committee's approval or disapproval as required in
these covenants shall be in writing.
In the event the committee
or its designated representative fails to approve or disapprove
within thirty (30) days after plans and specifications have been
submitted to it, or in any event if no suit to enjoin the
construction has been commenced prior to the completion thereof,
approval will not be required and the related covenants shall be
deemed to have been fully complied with.
16. SQUARE FOOTAGE.
No principal residence shall be erected or allowed to
rema in on any lot unless the square footage area thereof,
exclusive of screened porches, garages and storage rooms, shall
equal or exceed one thousand One Hundred (1,100) square feet;
provided, however, that two-story homes need only have seven
hundred (700) square feet on the ground floor.
17. TEMPORARY RESIDENCES.
No structure of a temporary character, trailer, boat,
motor home, tent, shack, garage, barn or other outbuilding shall
be used on any lot at any time as a residence or appendage to
such residence, either temporarily or permanently.
18. PROHIBITED VEHICLES.
No motor homes, recreational vehicles, boats, trailers
or motor vehicles in excess of a 3/4 ton rating, shall be
allowed to be kept or parked on any lot, common area, or private
road right of way, in excess of forty-eight (48) hours.
19. AERIALS/ANTENNAS.
No radio or television aerial or antenna nor any other
exterior electronic or electrical equipment or devices of any
kind shall be installed or maintained on the exterior of any
structure located on a lot or on any portion of any lot occupied
by a building or other structure.
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2. MAIL BOXES
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o mail box or other receptacle of any kind for use in
the delivery of mail or magazines, or similar material shall be
erected or located on any lot unless the size, location, design
and type of material for said boxes or receptacles shall have
been approved by the Architectural Control Committee of the
Homeowners Association.
21. NUISANCES PROHIBITED.
No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be or
may become an annoyance or nuisance to the neighborhood.
22. ANIMALS, ETC.
No animals, livestock, or poultry of any kind shall be
raised, bred, or kept on any lot, except that dogs, cats or
other household pets may be kept provided they are not kept,
bred or maintained for any commercial purpose. However, no more
than one (1) dogs or cats shall be kept in anyone household at
anyone time.
23. SIGNS.
No sign of any kind shall be displayed to the public
view on any lot except one professional sign of not more than
one (1) square foot, one (1) sign of not more than five (5)
square feet advertising the property for sale, or rent, or signs
used by a builder to advertise the property during the construc-
tion and sales period.
24. TRASH~ ETC.
No lot shall be used or maintained as a dumping ground
for rubbish. Trash, garbage, or other waste shall not be kept
except in sanitary containers.
All equipment for storage or
disposal of such materials shall be kept in a clean and sanitary
condition, and except during pick-up, if required to be placed
at the street, all containers shall be kept at the side or rear
of all dwellings out of sight from the street. There shall be
no burning of trash or any other waste materials.
25. WINDOWS AND FRONT FACADE.
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It is prohibited to hang and/OiP,;i:W.€1(ogjett;ments, rugs,
or any other materials from the windows or from the front facade
of any residence.
26. FENCES, WALLS, ETC.
No fence, wall or other structure shall be erected,
placed or altered on any lot between any private road right of
way and any building situated on said lot.
Pr ior to the
erection, placement, or alteration of any fence, wall, or other
structure behind said area. Owner shall obtain written approval
of the Architectural Control Committee.
The maximum allowable
height of any fence or wall, shall be six (6) feet.
27. SHRUBBERY.
It is prohibited for an Owner of a residence, member
of his family, or guests to plant any shrubbery, trees, or
plants in any position on the common areas, or private road
right of way, without the prior written consent of the Architec-
tural Control Committee.
28. SWIMMING POOLS.
No pool or screening shall be erected or placed on any
lot until the construction plans and specifications and a plan
showing their location have been approved by the Architectural
Control Committee.
~ 29. PARTY WALLS
(a) General Rules of Law to Apply. Each wall which
is built as a part of the original construction of the buildings
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, the general
rules of law regarding party walls and liability for property
damage due to negligence or willful acts or omissions shall
apply thereto.
(b) Sharing 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 ~all in proportion to
such use.
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(c) Destruction bY-.Iire or Other Casualty. If a
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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 wall
may restore it, and shall contribute to the cost of restoration
thereof in proportion to their use without prejudice, subject,
however, to the right of any such owners to call for a larger
contribution from the others under any rule or law regarding
liability for negligent or willful acts or omissions.
( d )
">lea t herproof i n9.
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.
(e) 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
owner's successors in title.
30. MAINTENANCE RESPONSIBILITIES.
( a )
Association.
The Association, subject to the
rights of the owners as set forth in this Declaration, shall be
responsible for the exclusive management and control of the
common areas and private road right of ways, street lighting and
storm water system, shown on the plat of GREENS POINTE and all
improvements thereon. The Association shall keep the same in
good, clean, attraction and sanitary condition, order and
repair. The Association's duties shall extend to and include
the streets, street lighting and storm water system, as shown on
said plat.
The Association shall semi-annually retain an
engineer to perform an inspection of the drainage system and
shall be responsible to maintain said system in a state of good
repair.
( b)
Owner's Responsibility.
Each lot owner shall
provide exterior maintenance of the dwelling unit upon his lot,
including painting, repairing, replacing and caring of roofs,
gutters, downspouts, exterior building surfaces, and other
exterior improvements, including patio fences, if any.
Each lot
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owner shall also maintain all shrUQM~~jCdnLhis lot, and all
patio areas and atrium areas.
Such maintenance shall include
the landscaping of his lot, patio and atrium, subject to the
approval of the Architectural Control Committee as herein
provided.
Should an owner neglect or fail to maintain any
shrubbery on his lot, patio areas or atrium areas, or neglect to
maintain the exterior of his dwelling unit, then the Association
may maintain or repair the same at such owner's expense. The
cost thereof shall become a special assessment against that
owner's lot, provided that the requirements for levying a
special assessment under paragraph 6 hereof are met prior to
actual maintenance or repair.
(c) Alterations. No change in color of any exterior
walls or change in siding, shingles or other exterior materials
installed by Developer shall be allowed.
The intent of this
subparagraph is to maintain the uniformity of color of exterior
walls and types of materials used to replace those installed by
Developer.
31. APPLICABILITY.
Each person or entity who is a record owner of a fee
or undivided fee interest in any lot shall be subject to these
restrictions, together with the provisions of the Declaration of
Covenants, Conditions and Restrictions, Articles,
By-.laws and
Rules and Regulations of The Highlands Homeowners' Association,
Inc.
32. AMENDMENT.
These covenants and restrictions shall run with and
bind the land, and shall inure to the benefit of and be enforce-
able by the Association, or the owner of any lot subject to this
Notice of Restrictions and Agreement of Maintenance, their
respective legal representatives, heirs, successors and assigns,
for a term of twenty (20) year:
from the date this document is
recorded after which time said covenants shall be automatically
extended for successive periods of ten (10) years. The covenants
and restrictions of this document may be amended during the
first twenty (20) year period by an instrument signed by not
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less than Seventy-five (75%) of the lot owners, and thereafter
by an instrument signed by not less than fifty per cent (50%) of
the lot owners.
33. REMEDIES FOR VIOLATIONS.
For violation or a breach of any provisions herein by
any person claiming under by, through or under the Developer
and/or Association or by virtue of any judicial proceedings any
owner and/or the Association or an institutional first mort-
Sjagee, or any of them, severally, shall have the right to
proceed at law for damages or in equity to compel compliance of
any of them, or for such other relief as may be appropriate.
In addition to the foregoing right, the Association shall have
the right whenever there shall have been built within the parcel
any structure which is in violation of this Agreement, to enter
upon the property where such violation of this Agreement exists,
and summarily abate or remove the same at the expense of the
owner, provided, however, the Association shall then make the
necessary repairs, construction, etc., necessary to insure that
the property and improvements where such violation occurred
shall be in the same condition as it was before said violation
occurred, and any such entry and abatement or removal shall not
be deemed a trespass. The failure promptly to enforce any of
the provisions of this agreement shall not bar their subsequent
endorsement.
34. CONVEYANCE OF COMMON AREAS.
The Developer hereby covenants for itself, its
successors and/or assigns, that it will convey in fee simple
title to the Association all properties designated "common area"
as delineated on the plat of GREENS POINTE, but no later than
December 31st, 1986.
IN WITNESS WHEREOF, we have hereunto set our hands and
day of
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, 1983.
seals this
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WITNESSES:
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PINE G~O~E HOLDING CORP.
By:' ,',." ' \L~~llJ~
PHILIP \ORIO
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(CORPORATE SEAL)
STATE OF FIDRIDA
COUNTY Of SfltlNOLE
BEFORE ME, a duly authorized Notary Public in and for the
State of Flor~~ at Large, personally appeared
PHILIP DIORIO, known to me personally and known to be the
President of PINE GROVE HOLDING CORP., the corporation described
in the foregoing Notice of Restrictions, and he acknowledged
before me that he executed the foregoing in his capacity as
President of PINE GROVE HOLDING CORP., for the purposes therein
expressed.
'l^IITNESS my hand and official seal at Altarronte Springs
Seminole County, Florida
13th day of DecEmber , 1983.
,
this
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(NOTARIAL~SE~L)
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Notary Public
,-
My Commission Expires:
Notary Public. State of Florida at large
My Commission Expires Aug, 17. 1985
BONDED THRU HUCKlEBERRV. SISLEY
& HARVEY INSURANCE & BONDS. INC.
v ~ -.
'. ". ~. . . . . . . .
This instrument was prepared by:
GARY E. MASSEY, ESQ.
MASSEY, ALPER & WALDEN, P.A.
One Douglas Place
112 West Citrus Street
Altamonte Springs, FL 32714
(305) 869-0900
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ARTICLES OF INCORPORATION
SD;.::CL.:: CJ. Fl.
OF
GREENS POINTE HOMEOWNERS' ASSOCIATION, INC.
The undersigned, by these Articles, associate themselves
for the purpose of forming a Corporation, not for profit, under
Chapter 617, Florida Statutes, and certify as follows:
ARTICLE I
NAME AND LOCATION. The name of the corporation is GREENS
POINTE HOMEOWNERS' ASSOCIATION, INC., hereinafter referred to as
the "Association". The principal office of the corporation
shall be located at
winter Springs, Florida , but meetings of members and
directors may be held-E;t--such places within the State of
Florida, Counties of Orange and Seminole, as may be designated
by the Board of Directors.
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to the
GREENS POINTE HOMEOWNERS' ASSOCIATION, INC., a Florida corpora-
tion not for profit, its successors and assigns.
Section 2. "Properties" shall mean and refer to that
certain real property described in the Declaration of Covenants,
Conditions and Restrictions, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
Section 3. "Common Area" shall mean all real property
owned by the Association for the common use and enjoyment of the
Owners.
Section 4. "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the Properties with
the exception of the Common Area.
Section 5. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee
simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obliga-
t ion.
Section 6. "Declarant" shall mean and refer to PINE GROVE
HOLDING CORPORATION, a Florida corporation, its successors and
assigns if such successors or assigns should acquire more than
one undeveloped Lot from the Declarant for the purpose of
development.
Section 7. "Declaration" shall mean and refer to the
Declaration of Covenants, Conditions and Restrictions applicable
to the Properties recorded in the Public Records of Seminole
County, Florida, in Official Records Book -'509, Page 11tQ3.
Section 8. "Member" shall mean and refer to those persons
entitled to membership as provided in the Declaration.
ARTICLE III
Purpose. The purpose for which
organized is to provide an entity for the
tenance of common areas, streets, street
to provide assessments for common property
the Association is
operation and main-
lights and sewers and
maintenance.
LAw OFFICES
MASSEY, ALPER & WALDEN, P. A.
ONE DOUGLAS PLACE
112 WEST CITRUS STREET
AL T AMONTE SPRINGS, FLORIDA 32714
(305) 869.0900
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ARTICLE IV
S::; ':,'.-!_L CJ. FL.
Powers. The powers of the Association shall be governed
by the following provisions:
The
powers of
terms of
following:
Association will have the common law and statutory
a corporation not for profit, not in conflict with the
these Articles including but not limited to the
A. To make and collect assessments against members as
unit owners to defray the costs, expenses and losses of the
Association.
B. To use the proceeds of the assessments in the exercis-
ing of powers and duties.
c. The maintenance, repair, replacement and operation of
the common area property including easements.
D. The purchase of insurance for the common area property
and insurance for the protection of the Association and its
members.
E. The reconstruction of improvements after casualty and
the further improvements of the common areas property.
F. To make and amend reasonable regulations respecting
the use of the common area property.
G. To enforce by legal means the provisions of these
Articles, the By-Laws of the Association, the Restrictions and
regulations for use of the common area property.
H. To contract for the management of the Association and
to delegate to such manager all such powers and duties of the
Association that are necessary in the opinion of the Directors
of the Association for the manager to effectively manage same.
I. To employ personnel to perform the services required
for the proper operation of the common area property.
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J. To acquire and enter into agreements, when approved by
the membership, whereby it acquires leaseholds, memberships or
other possessory or use interests in lands or facilities,
including but not limited to country clubs, golf courses,
marinas and other recreational facilities, whether or not
contiguous to the lands of GREENS POINTE intended to provide for
the enjoyment, recreation or other use for benefit of the
members.
All funds and the titles to all properties acquired by the
Association and their proceeds shall be held in trust for the
members.
Powers of the Association shall be subject to and shall be
exercised in accordance with the provisions of the Restrictions
and the By-Laws.
ARTICLE V
MEETING OF MEMBERS
section 1. Annual Meetings. The first annual meeting of
the members shall be held within one year from the date of
incorporation of the Association, and each subsequent regular
annual meeting of the members shall be held on the same day of
the same month of each year thereafter, at the hour of 7:00
o'clock, P.M. If the day for the annual meeting of the members
is a legal holiday, the meeting will be held at the same hour on
the first day following which is not a legal holiday.
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Section 2. Special Meetings. S~o:~~:t Ciaefi:ltings of the
members may be called at any time by the president or by the
Board of Directors, or upon written request of the members who
are entitled to vote one-fourth (1/4) of all of the votes of the
Class A membership.
section 3. Notice of Meetings. Written notice of each
meeting of the members shall be given by, or at the direction
of, the secretary or person authorized to call the meeting, by
mailing a copy of such notice, postage prepaid, at least 15 days
before such meeting to each member entitled to vote thereat,
addressed to the member's address last appearing on the books of
the Association, or supplied by such member to the Association
for the purpose of notice. Such notice shall specify the place,
day and hour of the meeting, and, in the case of a special
meeting, the purpose of the meeting.
section 4. Quorum. The presence at the meeting of
members entitled to cast, or of proxies entitled to cast, Twenty
percent (20%) of the votes of each class of membership shall
constitute a quorum for any action except as otherwise provided
in the Articles of Incorporation, the Declaration, or these
By-Laws. If, however, such quorum shall not be present or
represented at any meeting, the members entitled to vote thereat
shall have power to adjourn the meeting from time to time,
without notice other than announcement at the meeting, until a
quorum as aforesaid shall be present or be represented.
section 5. Proxies. At all meetings of members, each
member may vote in person or by proxy. All proxies shall be in
writing and filed with the secretary. Every proxy shall be
revocable and shall automatically cease upon conveyance by the
member of his Lot.
ARTICLE VI
BOARD OF DIRECTORS:
SELECTION: TERM OF OFFICE
section 1. Number. The affairs of this Association shall
be managed by a Board of at least three (3) but no more than
nine (9) directors, who need not be members of the Association.
section 2. Term of Office. At the first annual meeting
the members shall elect one director for a term of one year, one
director for a term of two years and one director for a term of
three years; and at each annual meeting thereafter the members
shall elect one director for a term of three years.
section 3. Removal. Any director may be removed from the
Board, with or without cause, by a majority vote of the members
of the Association. In the event of death, resignation or
removal of a director, his successor shall be selected by the
remaining members of the Board and shall serve for the unexpired
term of his predecessor.
section 4. Compensation. No directors shall receive
compensation for any service he may render to the Association.
However, any director may be reimbursed for his actual expenses
incurred in the performance of his duties.
section 5. Action Taken without a Meeting. The directors
shall have the right to take any action in the absence of a
meeting which they could take at a meeting by obtaining the
written approval of all the directors. Any action so approved
shall have the same effect as though taken at a meeting of the
directors.
The names and addresses for the first Board of Directors
who shall hold office until their successors are elected and
qualified or until removed are as follows:
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PHILIP DIORIO
631 N. Indigo Roaa:.:j:;~L.::CJ.FL.
Altamonte springs, FL 32701
GARY E. l'1ASSEY
One Douglas Place
112 West Citrus Street
Altamonte Springs, FL 32714
/'VlIGUEL ESTRELLA
631 N. Indigo Road
Altamonte Springs, FL 32701
ARTICLE VII
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the
Board of Directors shall be made by a Nominating Committee.
Nominations may also be made from the floor at the annual
meeting. The Nominating Committee shall consist of a Chairman,
who shall be a member of the Board of Directors, and two or more
members of the Association. The Nominating Committee shall be
appointed by the Board of Directors prior to each annual meeting
of the members, to serve from the close of such annual meeting
until the close of the next annual meeting and such appointment
shall be announced at each annual meeting. The Nominating
Committee shall make as many nominations for election to the
Board of Directors as it shall in its discretion determine, but
not less than the number of vacancies that are to be filled.
Such nominations may be made from among members or non-members.
section 2. Election. Election to the Board of Directors
shall be by secret written ballot. At such election the members
or their proxies may cast, in respect to each vacancy, as many
votes as they are entitled to exercise under the provisions of
the Declaration. The persons receiving the largest number of
votes shall be elected. Cumulative voting is not permitted.
ARTICLE VIII
MEETINGS OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the
Board of Directors shall be held monthly without notice, at such
place and hour as may be fixed from time to time by resolution
of the Board. Should said meeting fall upon a legal holiday,
then that meeting shall be held at the same time on the next day
which is not a legal holiday.
section 2. Special Meetings. Special meetings of the
Board of Directors shall be held when called by the President of
the Association, or by any two directors, after not less than
three (3) days notice to each director.
Section 3. Quorum.
shall constitute a quorum
act or decision done or
present at a duly held
shall be regarded as the
A majority of the number of directors
for the transaction of business. Every
made by a majority of the directors
meeting at which a quorum is present
act of the Board.
ARTICLE IX
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1.
power to:
Powers.
The Board of Directors shall have
(a) adopt and publish rules and regulations governing the
use of the Common Area and facilities, and the personal conduct
of the members and their guests thereon, and to establish
penalties for the infraction thereof;
(b) suspend the voting rights and right to use of the
recreational facilities of a member during any period in which
such member shall be in default in the payment of any assessment
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levied by the Association. Such rignt's~~may. a'1.so be suspended
after notice and hearing, for a period not to exceed sixty (60)
days for infraction of published rules and regulations;
(c) exercise for the Association all powers, duties and
authority vested in or delegated to the Association and not
reserved to the membership by other provisions of these By-Laws,
the Articles of Incorporation, or the Declaration;
(d) declare the office of a member of the Board of
Directors to be vacant in the event such member shall be absent
from three (3) consecutive regular meetings of the Board of
Directors; and
(e) employ a manager, an independent contractor, or such
other employees as they deem necessary, and to prescribe their
duties.
Section 2.
Directors to:
Duties.
It shall be the duty of the Board of
(a) cause to be kept a complete record of all its acts
and corporate affairs and to present a statement thereof to the
members at the annual meeting of the members, or at any special
meeting when such statement is requested in writing by
one-fourth (l/4) of the Class A members who are entitled to
vote;
(b) supervise all officers, agents and employees of this
Association, and to see that their duties are properly perform-
ed.
(c) as more fully provided in the Declaration, to:
(I) fix the amount of the annual assessment against
each Lot at least thirty (3D) days in advance of each annual
assessment period;
(2) send written notice of each assessment to every
Owner subject thereto at least thirty (3D) days in advance of
each annual assessment period; and
(3) foreclose the lien against any property for
which assessments are not paid within thirty (3D) days after due
date or to bring an action at law against the owner personally
obligated to pay the same.
(d) issue, or to cause an appropriate officer to issue,
upon demand by any person, a certificate setting forth whether
or not any assessment has been paid. A reasonable charge may be
made by the Board for the issuance of these certificates. If a
certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
(e) procure and maintain adequate liability and hazard
insurance on property owned by the Association;
(f) cause all officers or employees having fiscal
responsibilities to be bonded, as it may deem appropriate;
(g) cause the Common Area to be maintained.
ARTICLE X
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of this
Association shall be a president and vice-president, who shall
at all times be members of the Board of Directors, a secretary
and a treasurer, and such other officers as the Board may from
time to time by resolution create.
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Section 2.
officers shall take
Directors following
S~i.;:; ~~ :_E co. FL.
Election of Officers. The election of
place at the first meeting of the Board of
each annual meeting of the members.
Section 3. Term. The officers of this Association shall
be elected annually by the Board and each shall hold office for
one (1) year unless he shall sooner resign, or shall be removed,
or otherwise disqualified to serve.
Section 4. Special Appointments.
such other officers as the affairs of
require, each of whom shall hold office
such authority and perform such duties as
time to time, determine.
The Board may elect
the Association may
for such period, have
the Board may, from
Section 5. Resignation and Removal. Any officer may be
removed from office with or without cause by the Board. Any
officer may resign at any time giving written notice to the
Board, the president or the secretary. Such resignation shall
take effect on the date of receipt of such notice or at any
later time specified therein, and unless otherwise specified
therein, the acceptance of such resignation shall not be
necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be
filled by appointment by the Board. The officer appointed to
such vacancy shall serve for the remainder of the term of the
officer he replaces.
Section 7. Mul!iEle Offices. The offices of secretary
and treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices
except in the case of special offices created pursuant to
Section 4 of this Article.
Section 8.
follows:
Duties.
The duties of the officers are as
President
(a) The president shall preside at all meetings of the
Board of Directors; shall see that orders and resolutions of the
Board are carried out; shall sign all leases, mortgages, deeds
and other written instruments and shall co-sign all checks and
promissory notes.
Vice-President
(b) The vice-president shall act in the place and stead
of the president in the event of his absence, inability or
refusal to act, and shall exercise and discharge such other
duties as may be required of him by the Board.
Secretary
(c) The secretary shall record the votes and kept the
minutes of all meetings and proceedings of the Board and of the
members; keep the corporate seal of the Association and affix it
on all papers requiring said seal; serve notice of meetings of
the Board and of the members; keep appropriate current records
showing the members of the Association together with their
addresses, and shall perform such other duties as required by
the Board.
Treasurer
(d) The treasurer shall receive and deposit in appro-
priate bank accounts all monies of the Association and shall
disburse such funds as directed by resolution of the Board of
Directors; shall sign all checks and promissory notes of the
Association; keep proper books of account; cause an annual audit
of the Association books to be made by a public accountant at
the completion of each fiscal year; and shall prepare an annual
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budget and a statement of income and expenditures to be present-
ed to the membership at its regular annual meeting, and deliver
a copy of each to the members.
The names and addresses of the officers who shall serve
until their successors are designated by the Board of Directors
are as follows:
PHILIP DIORIO
631 N. Indigo Road
Altamonte Springs, FL 32701
PRESIDENT
GARY E. MASSEY
One Douglas Place
112 West Citrus Street
Altamonte Springs, FL 32714
SECRETARY
MIGUEL ESTRELLA
631 N. Indigo Road
Altamonte Springs, FL 32701
VICE-PRESIDENT/
TREASURER
ARTICLE XI
Indemnification. Every Director and every officer of the
Association shall be indemnified by the Association against all
expenses and liabilities including counsel fees reasonably
incurred by or imposed upon him in connection with proceeding or
settlement, or any proceeding to which he may be a party or in
which he may become involved by reason of his being or having
been a Director or officer of the Association whether or not he
is a Director or officer at the time such expenses are incurred
except when the Director or officer is adjudged guilty of
willful misfeasance or malfeasance in the performance of his
duties; provided that in the event of a settlement, the indemni-
fication shall apply only when the Board of Directors approve
such settlement and reimbursement is being for the best interest
of the Association. The foregoing right of indemnification
shall be in addition to and not exclusive of all other rights to
which such Director or officer may be entitled.
ARTICLE XII
By-Laws. The first By-Laws of the Association shall be
adopted by the Board of Directors and may be altered, amended or
rescinded by a majority of a quorum of members present in person
or by proxy except that the Federal Housing Administration or
the Veterans Administration shall have the right to veto
amendments while there is class "B" membership.
ARTICLE XIII
Amendments. Amendments to the Articles of Incorporation
shall be proposed and adopted in the following manner. Notice
of the subject matter of the proposed amendment shall be
included in a notice of any meeting at which a proposed amend-
ment is considered.
A resolution for the adoption of the proposed amendment
may be proposed either by the Board of Directors or by members
of the Association. Directors and members not present in person
or by proxy at the meeting considering the amendment may express
their approval in writing providing such approval is delivered
to the Secretary at or prior to the meeting. Except as else-
where provided, such approvals must be by not less than three
members of the Board of Directors and by not less than
seventy-five (75%) percent of the votes of the membership of the
Association.
A copy of each amendment shall be certified by the
Secretary of State and recorded in the Public Records of
seminole County, Florida.
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ARTICLE XIV
SL:ji-i::~C:LE CO. FL.
Term. The term of the Association shall be perpetual.
ARTICLE XV
BOOKS AND RECORDS
The books, records and papers of the Association shall at
all times, during reasonable business hours, be subject to
inspection by any member. The Declaration, the Articles of
Incorporation and the By-Laws of the Association shall be
available for inspection by any member at the principal office
of the Association, where copies may be purchased at reasonable
cost.
ARTICLE XVI
ASSESSMENTS
As more fully provided in the Restriction, each member is
obligated to pay to the Association annual and special assess-
ments which are secured by a continuing lien upon the property
against which the assessment is made. Any assessments which are
not paid when due shall be delinquent. If the assessment is not
paid within thirty (30) days after the due date, the assessment
shall bear interest from the date of delinquency at the rate of
fifteen percent (15%) per annum, and the Association may bring
an action at law against the Owner personally obligated to pay
the same or foreclose the lien against the property, and
interest, costs, and reasonable attorney's fees of any such
action shall be added to the amount of such assessment. No
Owner may waiver or otherwise escape liability for the assess-
men t prov ided for here in by non-use of the Common Area or
abandonment of his Lot. In addition, Assessments are due the
Highlands Homeowners Association.
ARTICLE XVII
CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words: "GREENS POINTE HOMEOWNERS'
ASSOCIATION, INC.", and "Corporation not for profit."
ARTICLE XVIII
MISCELLANEOUS
The fiscal year of the Association shall begin on the 1st
day of January and end on the 31st day of December of every
year, except that the first fiscal year shall begin on the date
of incorporation.
ARTICLE XIX
Subscribers. The names and addresses of the subscribers
of these Articles of Incorporation are as follows:
PHILIP DIORIO
631 N. Indigo Road
Altamonte Springs, FL
32701
GARY E. MASSEY
One Douglas Place
112 West Citrus Street
Altamonte Springs, FL
32714
MIGUEL ESTRELLA
631 N. Indigo Road
Altamonte Springs, FL
32701
ARTICLE XX
Resident Agent. The name and office of the Resident Agent
upon whom service of the Association may be affected is:
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GARY E. MASSEY
One Oou~las Place
112 West Citrus Street
A1tamonte Springs, FL 32714
s::r:;::._E CO. FL.
The above-named Resident Agent joins in execution of these
Articles to evidence his acceptance of his designation as
Resident Agent and his agreement to comply with Florida Statutes
governin~ corporate resident a~ents.
IN WITNESS WHEREOF, the subscribers to these Articles of
Incorporation have fixed their hands a90 seals this i2) day
of \'--'- '~~~..l=-~ _ , 1 9 8 3 .
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STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments personally appeared PHILIP DIORIO, GARY E.
MASSEY, MIGUEL ESTRELLA, to me known to be the person described
in and who executed the foregoing instrument for the purposes
therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this. \~q;l- day of ~- ~v~~q,- , 1983.
(I\jQTARli1~:(SE.AL )
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My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires Aug. 17. 1985
BONDED THRU HUCKLEBERRV, SIBlEV
& HARVEV INSURANCE & BONOS. IHe.
ACCEPTANCE BY RESIDENT AGENT
I, GARY E. MASSEY, hereby accept as res~den~.~gent, for
GREENS POINTE HOMEOWNERS' ASSOCIATION, INC., thlS ) \~ 1 day of
____._~-!._~._~ _ , 1983. ' t
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.CLERK OF CtRCUIT COURT
S[Ml;~OL[ COWHY. Fl.
eOROED & VERIFIED
329222
Amendment to Declaration of Covenants,
Restrictions and Agreement of Maintenance
This Amendment made as of this 18 th day of September, 1985
by Pine Grove Holding Corporation, whose principal place
of business is 500 E. Semoran Boulevard, Casselberry, Florida
( the "Developer" ) amending the Declaration of Covenants,
Restrictions, and Agreement of Maintenance of "Greenspointe"
Subdivision.
WHEREAS the Developer has heretofore recorded the
"Declaration" at Book 1509 Pages 1493 to 1507, inclusive,
of the Public Records of Seminole County, FLORIDA, and
WHEREAS Article 32 on Page 13 of the "Declaration" states
that "the covenants and restrictions of this document may
be amended during the first twenty (20) year period by
an instrument signed by not less than seventy-five (75%)
of the lot owners" and
WHEREAS the Developer is the owner of not less than seventy
five (75%) of the lots, and
WHEREAS the proposed amendment is not inconsistent with
the Declaration.
NOW, THEREFORE, the Developer declares that the DECLARATION
is amended as follows:
1. The following sub-paragraph shall be added
to paragraph 11 on page 8:
(c) all of those lots on which Certificates
of Occupancy have not yet been issued by the
Ci ty of Winter Springs. . (AME
. NDED MAR 27 J .1.2..2.Q.L
No article, paragraph, sub-paragraph or section is mo~
or amended hereby except as set forth above, and the
remainder of the Declaration remains in full force and
effect.
Executed the day and year first above written.
by:
fHIS IN~RUMENT PREPARED BY:
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Be fore me, the unders igned au thori ty, personally
appeared Philip A. Diorio, known to me to be the Pres iden t
of the corporation named above and he acknowledged executing
the foregoing Amendment freely and voluntarily under
authori ty duly vested in him by said corporation and that
the seal affixed thereto is the true corporate seal of
said corporation.
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STATE OF FLORIDA
COUNTY,OF SEMINOLE
Witness my hand and official seal in the County,
and State last aforesaid this 18th day of September, 1985.
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My Commission (xplres. Au&. ~2/ 1.988 J"
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.RECORDED & VERIFIED
\~,_ J985 SEP 23 \ P14 12: AD
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DAVID N, BERRIEN
CLERK OF CIECUIT COURT
sr:r'.;HOLE CQi;!iiY. FL.
Amendment to Declaration of Covenants,
Restrictions and Agreement of Maintenance
T his Am en dm e n t mad e as 0 f t his 1 8 t h day 0 f S e p t em be r , 19 8 5
by Pine Grove Holding Corporation, whose principal place
of business is 500 E. Semoran Boulevard, Casselberry, Florida
( the "Developer" ) amending the Declaration of Covenants,
Restrictions, and Agreement of Maintenance of "Greenspointe"
Subdivision.
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WHEREAS the Developer has heretofore recorde~,-. the
If Declaration" at Book 1509 Pages 1493 to 1507, inclusive,
of the Public Records of Seminole County, FLORIDA,-and
WHEREAS Article 32 on Page 13 of the "Declaration" states
that "the covenants and restrictions of this' document. may
be amended during the first twenty (20) year period by
an instrument signed by not less than seventy-five (75%)
of the lot owners" and
WHEREAS the Developer is the owner of not less than seventy
five (75%) of the lots, and
WHEREAS the proposed amendment IS not inconsistent with
the Declaration.
NOW, THEREFORE, the Developer declares that the DECLARATION
IS amended as follows:
1. In paragraph 12. on page 8-delete the following:
" a pri va te garage for not more than two (2)
cars."
and add the following:
" a private garage for not more than three
(3) cars.1f
No article, paragraph, sub-paragraph or section is modified
or amended hereby except as set forth above, and _the
remainder of the Declaration remains In full force ind
effect.
Executed the day and year
first above written.
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THIS 1t~~I,RUr~E~ PREPARED BY:
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STATE OF FLORIDA
COUNTY OF SEMINOLE
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Before me, the undersigned authori ty, personally
appeared .Philip A. Diorio, known to me to be the President
of the corporation named above and he acknowledged executing
the foregoing Amendment freely and voluntarily under
authori ty duly vested in him by said corporation and that
the seal affixed thereto is the true corporate seal of
said corporation.
Witness my hand and official seal in the County
and State last aforesaid this 18th day of September, 1985.
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SEMINOLE CO. FL.
SECOND ~ENDMENT TO D~TION OF
COVENANT, RESTRICTIONS AND AGREEMENT OF MAINTENANCE.
WHEREAS, pine Grove Holding Corp. recorded a Declaration of
Covenants, Restrictions and Agreement of Maintenance (hereinafter
"Declaration") in Official Records Book 1509, Pages 1493 to 1507,
Public Records of Seminole County, Florida, when it was the owner
of certain real property located in seminole County, Florida,
described as follows (hereinafter the "Neighborhood"):
All of Greens pointe, according to the Plat
thereof as recorded in Plat Book 29, Pages 24
to 27, Public Records of Seminole County,
Florida.
WHEREAS, the Declaration was amended by the Amendment to
Declaration of Covenants, Restrictions, and Agreement of
Maintenance (hereinafter the "Amendment"), recorded in Officia =c
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WHEREAS, the Declaration provided, among other things,
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the Declaration may be amended during the first twenty year
period by an instrument signed by not less than seventy-five
percent (75%) of the lot owners; and
WHEREAS, the undersigned constitutes not less than seventy-
five percent (75%) of the lot owners;
NOW, THEREFORE, the undersigned lot owners hereby declare
that the Neighborhood shall be held, sold, conveyed, leased,
mortgaged and otherwise dealt with subject to the easements,
This document was prepared by and
should be returned to:
MAUREEN A. AFAOO, Esquire
Post Office Box 1171
Orlando, FL 32802
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covenants, conditions, restrictions, reservations, liens and
charges of the Declaration as amended by this Second Amendment to
Declaration of Covenants, Restrictions and Agreement of
Maintenance as hereinafter set forth, all of which are for the
purpose of enhancing and protecting the value, desirability and
attractiveness of said real property. Said easements, covenants,
conditions, restrictions, reservations, liens and charges shall
run with the Neighborhood, shall be binding upon all parties I'J
benefit of each and every person or entity, from time to time, -n
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having or acquiring any right, title or interest in the
Neighborhood or in any part thereof, and shall inure to,the
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owning or holding an interest in said real property.
Amendment 1. Pursuant to Paragraph 3 of the Declaration,
Class B membership shall cease and be converted to Class A
membership.
Amendment 2. The following shall no longer be excluded from
assessments and shall be deleted from Paragraph 11(c) of the
Declaration which was added by the Amendment:
"AII of these lots on which certificates of
Occupancy have not yet been issued by the
city of winter Springs."
IN WITNESS WHEREOF, the undersigned lot owners and members
of the Greens pointe Homeowners Association, Inc. have executed
this document this 5th day of March, 1990.
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GREENS POINTE HOMEOWNERS
ASSOCIATION, INC.
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NOTARY PUBLIC
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'r : ~rGbrl1~9a.:. March, 1990. :A>"':',,~ 1 ' : 4..
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,My commission expires ~OTARY PVOLIC STATE OF FLORMtr commission expiresl{pr/A~/ri,pjJBm STATe OF, FLORIOA
. , '; .'" t1Y COMMISSION EXP. ,JULY 6,199t M'f COMMISSION E~P.~ULY 6,1991
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RICHARD BENNETT MARIE LIND':":',~ '\ c; .r,
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'r ;~fo!!"e.,.me this ~ day of before me this \-h,:da~" o~- ~"" ~\ -',
'M~h,;:'19,90. ~ March, 1990. #,1:"'.': C
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NOTARY PUBLIC STATE OF FLORIOA
MY COMMISSION EXP. JULY 6,1991
BONDED THRU GENERAL INS. UNO.
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NOTARY PUBLIC S
MY COMMISSION E::TE OF FLORIOA'~
801':DEO THRU G"N" . JULY 6.1991
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M,."A.HHE MOHSE
r; ~KK"rCIRCUIT COURT
-'~=MIHOLE COUNTY, FL.
RECOROEOe/ERIF1ED
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THIRD AMENDMENT TO DECLARATION OF COVENANTS,
RESTRICTIONS AND AGREEMENT OF MAINTENANCE
WHEREAS, Pine Grove Holding Corp. recorded a Declaration of
"Declaration") in Official Records Book 1509, Pages 1493 to 1507,
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Covenants, Restrictions and Agreement of Maintenance (hereinafter
~Q Public Records of Seminole County, Florida, when it was the owner
~~o~ of certain real property located in Seminole County, Florida,
pdescribed as follows (hereinafter the "Neighborhood"):
All of Greenspointe, according to the Plat th~reof as
recorded in Plat Book 29, Pages 24 ~o 27, Public Records
of Seminole County, Florida. (
WHEREAS, the Declaration was amended by the Amendment to
Declaration of Covenants, Restrictions, and Agreement of Maintenance,
recorded in Official Records Book 1773, Page 904, Public Records
of Seminole County, Florida;
WHEREAS, the Declaration was amended by the Amendment to
Declaration of Covenants, Restrictions, and Agreement of Maintenance,
recorded in Official Records Book 1773, Page 906, Public Records
of Seminole County, Florida;
WHEREAS, the Declaration was amended by the Amendment to
Declarations of Covenants, Restrictions, and Agreement of
Maintenance, recorded in Official Records Book 2165, Page 1460,
Public Records of Seminole County, Florida;
WHEREAS, the Declaration provided, among other things, that
the Declaration may be amended during the first twenty year period
by an instrument signed by not less
~THIS INSTRUMENT PREPARED BY I
) James H. Charles, Jr.
634 Nighthawk Circle
Winter Springs, Florida 32708
407-695-6192
than seventy-five percent (75%)
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of the lot owners;
WHEREAS, the undersigned constitutes not less than seventy-five
percent (75%) of the lot owners;
NOW, THEREFORE, the undersigned lot owners hereby declare that
the Neighborhood shall be held, sold, conveyed, leased, mortgaged
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and otherwise dealt with subject to the easements, covenants,
conditions, restrictions, reservations, liens and charges of the
Declarations as amended by this Amendment to Declarations of
Covenants, Restrictions and Agreement of Maintenance as hereinafter
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set forth, all of which are for the purpose of enhancing and
protecting the value, desirability and attractiveness of said real
property. Said easements, covenants, conditions, restrictions,
reservations, liens and charges shall run with the Neighborhood,
shall be binding upon all the parties having or acquiring any right
title or interest in the Neighborhood or in any part there of, and
shall inure to the benefit of each and every person or entity, from
time to time, owning or holding an interest in said real property.
Amendment 1. Pursuant to Paragraph 14 of the Declaration,
delete the following:
"Except for buildings and structures and all additions
alterations thereto constructed by the Developer,"
Paragraph 14 of the Declaration shall be a~ended to read:
"PLAN APPROVAL. No building or construction of any nature
shall be erected, placed or altered on any lot until the
construction plans and specifications and a plan showing
the location of the structure have been approved by the
Architectural Control Committee as to the quality of
workmanship and materials, harmony of external design
and exterior colors with existing structures, and as to
location with respect to topography and finish grade
elevation. The approval of the Highlands Homeowners
Association Architectural Review Board is also required."
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Amendment 2. Pursuant to Paragraph 16 of the Declaration,
delete the following:
"or allowed to remain on any lot unless the square footage
area thereof, exclusive of screened porches, garages and storage
rooms, shall equal or exceed one thousand one hundred (1,100)
square feet";
and add the following:
"unless the square footage area thereof, exclusive of screEined
porches, garages and storage rooms, shall equal or exceed one
thousand four hundred (1, 40Q,) square feet ";
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Amendment 3. Pursuant to Paragraph 30 (c) of the Declaration,
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30 (c) shall read as follows:
"Any changes in color of any exterior walls or changes in
siding, trim or other exterior materials shall be approved
by the Architectural Control Committee. Any changes of exterior
colors must be in harmony with colors of existing structures
in the Neighborhood and must also be approved by the Highlands
Homeowners Association Architectural Review Board."
IN WITNESS WHEREOF, the undersigned lot owners and members of
GREENSPOINTE Homeowners Association, Inc. have executed this document
this
IS d day of
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, 1991.
GREENSPOINTE HOMEOWNERS
SSOCIATION, INC.
Sworn and subscribed before m
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CtJK OF CIRCUIT COUR1
821243
SEMINOl: COUNTY. Fl
RECOWO & VERIFIED
96 MAR 25 PH 2: 08
AMENDMENT TO ARTICLES OF INCORPORATION
WHEREAS, Pine Grove Holding Corp. recorded Articles of Incorporation
(hereinafter "Articles") in Official Records Book 1509, Pages 1508 through 1516,
Public Records of Seminole County, Florida, when it was the owner of certain
real property located in Seminole County, Florida, described as follows
(hereinafter the "Neighborhood") :
All of Greens Pointe, according to the Plat thereof as
recorded in Plat Book 29, Pages 24 to 27, Public Records
of Seminole County, Florida.
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WHEREAS, the Articles provided, among other things, that the Articles:"
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may be amended by an instrument signed by not less than three members of the'
Board of Directors and by not less than seventy-five per cent (75%) of the votes of
the membership of the Association;
NOW THEREFORE, the undersigned President of the Greens Pointe
Homeowners' Association, Inc., hereby certifies that not less than three members
of the Board of Directors and that not less than seventy-five percent (75%) of the
lot owners have voted affirmatively that the Articles of Incorporation of the
Greens Pointe Homeowners' Association, Inc., be amended by this Amendment
to the Articles as set forth herein, which amendment is for the purpose of
enhancing and protecting the value, desirability and attractiveness of said real
property .
Amendment 1.
amended to read:
Article X, Section 8, (d) of the Articles shall be
" The treasurer shall receive and deposit in appropriate bank accounts all
monies of the Association and shall disburse such funds as directed by resolution
of the Board of Directors; shall sign all checks and promissory notes of the
Association; keep proper books of account; calise an aRRlial alidit gf tile
Association books to be made by a public accountant at the completigR ()f each
&cal year; and shall prepare an annual budget and a statement of income and
expenditures to be presented to the membership at its regular annual meeting,
and deliver a copy of each to the members. "
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GREENS POINTE HOMEOWNERS' .
ASSOCIATION INC. ,,{).~t rTt;---~l7:13d,7/1-t32(
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By: - oV"Wi1tiam R. rummond
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By: Margar~ Anderson -~'.
Vice President / Director
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Amendment 2.
Article XIII of the Articles shall be amended to read:
" Amendments to the Articles of Incorporation shall be proposed and
adopted in the following manner. Notice of the subject matter of the proposed
amendment shall be included in a notice of any meeting at which a proposed
amendment is considered.
A resolution for the adoption of the proposed amendment may be
proposed either by the Board of Directors or by members of the Association.
Directors and members not present in person or by proxy at the meeting
considering the amendment may express their approval in writing providing (.I)
such approval is delivered to the Secretary at or prior to the meeting. Except as E2
elsewhere provided, such approvals must be by not less than a majority of the z \..0
members of the Board of Directors and by not less than &e~:eRty five (75%) fifty i?
f2mQ2 percent of the votes of the membership of the Association. ~
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A copy of each amendment shall be certified by the Secretary of State and;!
recorded in the Public Records of Seminole County, Florida. " .
IN WITNESS WHEREOF, We, the undersigned President/ Director and
two Directors of the Greens Pointe Homeowners' Association, Inc. as further
authorized by the affirmative votes of not less than seventy-five (75%) percent of
the lot owners approving the above Amendments to the Articles of Incorporation
have executed this document this 19th day of March, 1996.
Sworn and subscribed
before me this
, 1 d day ofn~t ~ ~jL ,1996.
7)1. l '1.-~ -L-L--I..
NOTARY PUBLIC
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Secretary / Director
My commission expires:
#,^ ' MARCELLA H DOVE
My Commiaion CC35305e
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CLERK OF CIRCUIT COURT
82'244
FOURTH AMENDMENT TO DECLARATION OF COVENANTS,
RESTRICTIONS AND AGREEMENT OF MAINTENANCE
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WHEREAS, Pine Grove Holding Corp. recorded a Declaration of:
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Covenants, Restrictions and Agreement of Maintenance (hereinafter12
"Declaration") in Official Records Book 1509, Pages 1493 to 1507, Public Record~
of Seminole County, Florida, when it was the owner of certain real property~
located in Seminole County, Florida, described as follows (hereinafter thEf"
"Neighborhood") :
All of Greens Pointe, according to the Plat thereof as
recorded in Plat Book 29, Pages 24 to 27, Public Records
of Seminole County, Florida.
WHEREAS, the Declaration was amended by the Amendment to
Declaration of Covenants, Restrictions, and Agreement of Maintenance, recorded
in Official Records Book 1773, Page 904, Public Records of Seminole County,
Florida.
WHEREAS, the Declaration was amended by the Amendment to
Declaration of Covenants, Restrictions, and Agreement of Maintenance, recorde~
in Official Records Book 1773, Page 906, Public Records of Seminole County,
Florida.
WHEREAS, the Declaration was amended by the Amendment to
Declaration of Covenants, Restrictions, and Agreement of Maintenance, recorded
in Official Records Book 2165, Page 1460, Public Records of Seminole County,
Florida.
WHEREAS, the Declaration was amended by the Amendment to
Declaration of Covenants, Restrictions, and Agreement of Maintenance, recorded
in Official Records Book 2303, Page 1398 Public Records of Seminole County,
Florida.
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WHEREAS, the Declaration provided, among other things, that the :-J
Declaration may be amended during the first twenty year period by an (f) -=>
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instrument signed by not less than seventy-five per cent (75%) of the lot owners; ...
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NOW THEREFORE, the undersigned President of the Greens Pointe ~
Homeowners' Association, Inc., hereby certifies that not less than seventy-five ~
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percent (75%) of the lot owners have voted affirmatively that the Declaration be:-
amended by this Fourth Amendment to Declarations of Covenants, Restrictions
and Agreement of Maintenance as hereinafter set forth, and hereby further
declares that the Neighborhood shall be held, sold, conveyed, leased, mortgaged
and otherwise dealt with. subject to the easements, covenants, conditions,
restrictions, reservations, liens and charges of the Declaration as amended by this
Fourth Amendment to Declaration of Covenants, Restrictions and Agreement of
Maintenance as hereinafter set forth, all of which are for the purpose of
enhancing and protecting the value, desirability and attractiveness of said real
property. Said easements, covenants, conditions, restrictions, reservations, liens
and charges shall run with the Neighborhood, shall be binding upon all the
parties having or acquiring any right title or interest in the Neighborhood or in
any part there of, and shall inure to the benefit of each and every person or
entity, from time to time, owning or holding an interest in said real property.
Amendment 1.
Paragraph 5, (d) of the Declaration shall be amended
to read:
" (d) Immediately following the conveyance of the first lot to an owner,
the maximum annual assessment ~ may be increased effective January 1st of
each year without a vote of the membership in conformance with the rise, if any,
of the Consumer Price Index (published by the Department of Labor,
Washington D.C.) for the preceding month of July. "
Amendment 2.
to read:
Paragraph 30, (a) of the Declaration shall be amended
"(a) Association. The Association, subject to the rights of the owners as
set forth in the Declaration, shall be responsible for the exclusive management
and control of the common areas, private roads, street lighting and storm water
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system, shown on the plat of GREENS POINTE and all improvements thereon.
The Association shall keep the same in good, clean, attraction and sanitary ~
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condition, order and repair. The Association's duties shall extend to and includ~
the streets, street lighting and storm water system, as shown on said plat. Th~
Association shall !Semi aRR1:lally retain aR eRgiReer ta perfarm aR iR!SpeetieFF
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have qualified personnel periodically perform an inspection of the drainagEt->
system and shall be responsible to maintain said system in a state of gooce
repair." :-
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Amendment 3.
Paragraph 32 of the Declaration shall be amended to
read:
" These covenants and restrictions 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 Notice of Restrictions and Agreement of Maintenance,
their respective legal representatives, heirs, successors and assigns, for a term of
t'/lent)' (20) ten (10) years from the date this document is recorded after which
time said covenants shall be automatically extended for periods of ten (10) years.
The covenants and restrictions of this document may be amended during the first
hventy (20) ten (10) year period by an instrument signed by not less than
seventy five (75%) of the lot owners, and thereafter by an instrument signed by
not less that fifty percent (50%) of the lot owners. "
IN WITNESS WHEREOF, I, the undersigned President of the Greens
Pointe Homeowners' Association, Inc., as further authorized by the affirmation
of not less than seventy-five (75%) percent of the lot owners approving the above
Fourth Amendment to the Declaration of Covenants, Restrictions and Agreement
of Maintenance, have executed this document this 19th day of March,1996.
Sworn and subscribed
before me this -
/'1 zt day of 1) to. 'l ct..., 1996
Ifh.a 'I,~A_l..l~ _)!..J {'--t'-L-
NOTARY PUBLIC
M)'I~s~ire0'E
. ..' ~_... My CornmIMion CC353056
":fr * Elcpir- Mat. 08, 1GG1
Bonded by ANB
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GREENS POINTE HOMEOWNERS' """
ASSOCIATIOaN, INe. _ :.'. :-:; 1
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CL~ OF CIRCUIT caUR I
821245
AMENDMENT TO THE BY-LAWS
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RECORDED & VERIFIED
96 MAtS PH 2: Oti
WHEREAS, Pine Grove Holding Corp. recorded By-Laws of the Greens
Pointe Homeowners' Association, Inc. (hereinafter "By-Laws") in Official Records
Book 1509, Pages 1517 through 1524, Public Records of Seminole County,
Florida, when it was the owner of certain real property located in Seminole
County, Florida, described as follows (hereinafter the "Neighborhood") :
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All of Greens Pointe, according to the Plat thereof as
recorded in Plat Book 29, Pages 24 to 27, Public Records
of Seminole County, Florida.
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WHEREAS, the By-Laws provided, among other things, that the By-Law?
may be amended, at a regular or special meeting of the members, by a vote of the
majority of a quorum of members present in person or by proxy, and
NOW THEREFORE, the undersigned President of the Board of Directors
of the Greens Pointe Homeowners' Association, Inc., hereby certifies that these
By-Laws were amended at a regular meeting of the members on March 19, 1996,
by a vote of the majority of a quorum of members present in person or by proxy.
The By-Laws of the Greens Pointe Homeowners' Association, Inc., as amended
by this Amendment as set forth herein, are for the purpose of enhancing and
protecting the value, desirability and attractiveness of said real property.
Amendment 1.
Article VIII, Section 8, (d), of the By-Laws shall be amended to read as
follows:
(d) The treasurer shall receive and deposit in appropriate bank
accounts all monies of the Association and shall disburse such funds as directed
by resolution of the Board of Directors; shall sign all checks and promissory
notes of the Association; keep proper books of account; cal:lse aft arumal al:ldit of
the Association books to be made by a public accoufttant at th.e completioft of
each. fiscal year; and shall prepare an annual budget and a statement of income
and expenditures to be presented to the membership at its regular annual
meeting, and deliver a copy of each to the members. "
y~t.'?~tit:D 6'{ \ Page 1 of 2
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IN WITNESS WHEREOF, I, the undersigned President of the Greens
Pointe Homeowners' Association, Inc. certify that these By-Laws were amended
at a regular meeting of the members on March 19, 1996, by a vote of the majority
of a quorum of members present in person or by proxy. I have executed this
document this 19th day of March, 1996.
GREENS POINTE HOMEOWNERS'
ASSOCIA nON, INe. Pu. &-'1- I f'= .3:2:, I . _'
/' ~p)_ii%<S. 327/'1 -p~
B~ ~,~-- .
11m R. Drummond, Pre~dent .
p.. -i-~,.... ~ tLff. /:!. n.~~' ,,, . --r-YLk.,)
Sworn and s~bed before me this
.I q tt day of' f ).;,1 'K- 1;-'1996.
flJ -a L~li<t- ,jj.~I~cr1~
NOTARY PUBLIC
My commission expires:
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"'n""'l'r
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'?'1tt1ff\.'~"
MARCEllA H DOVE
My Cot... .;.... CC3530Se
Expir_ ,.,. 08, 1_
Bond.d by ANB
8OO-Il62-N78
Page 2 of 2
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