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HomeMy WebLinkAboutHighland Village One \ r\ \> )e--) ~v 0-,.) r- >I~ I ;1 / ~ ';j :.;. ['1I d-~ ." .~ --.1;, c- / ~):.k, P u 0- -I (. n I rV .J VJ--.lJ 'j . J (-) -/ ~- I~ '.... D /','\ . , -/ ,-I _/ I I '~I / F', ~ /.J IJ --- " . - _,I .J ',,_/ (9' r~ ~ ~.' 7'1 ..) .~~ c..;...), f:..!-.J "-:'1 ... --.......... .".' ~- '''';I '~.... ;... - ,-' ; "e: C ' " f' :u. j ( .. ,. :,;:11' " .....1 . r. ei"r!CI&' p':'r~:!~ Jr l. ,'\ _ ;.._..; v I.. -' BOOK r~3~ CtTV OF WINTEAtRING 1';~:~;r:::1J~:'~'~~'I::~~!o~' ~~q-~ , SrO\./l.~R, \'i1~L:A...l:. &. I.HUH, P.. RECEPJED P0St O;j;,~e Boy, 1215 Orl~nc!o. FL. 32802 MAR 0 9 1984 Phone: (305) 425.2684 1533 I l} 0 0 SEMIHOlE co. FL. DECLARATION OF COVENANTS, CONDITIONS EASt:.m1'hT~,,'r.. AND ttt~IONS TIllS DECLARATION, made this o 1" fv... .J. day of I I A (?C J-) , 198f by XEWLANDO, INC., a Florida corporation, hereinafter called "Developer." WIT N E SSE T H: mIEREAS, Developer is the sole owner of that certain parcel of real property situate in Seminole County, Florida, described in Exhibit "A" attached hereto and incorporated by reference " herein; and WHEREAS, Developer desires to im~pse a common plan of development on said real property for the purpose of protecting the value and desirability thereof, and for the purpose of enhancing the marketability thereof; NOW, THEREFORE, Developer hereby declares that all of the real property. ciescribed in Exhibit "A" attached hereto and in- corporated by reference herein shall be held, sold and conveyed subject to the following easements, conditions, covenants and restrictions, which are for the purpose of protecting the value and desirability of, and which shall run with, said real property and be binding upon all parties having any right, title or interest therein, or any part thereof, their respective heirs, successors, and assigns; and which shall inure to the benefit of the Association and each Owner thereof, as said ::x ,'r ter~s r-r~e ::0 r--'-.) .=:g r~ -..I~:><: ~ . 1-') 0 . -- rn - _, ~ .} 0 .,C:: ~90 ~ ~~l ~ 3C _.0 '';; ""'lC: - . ,-::0 . m co . -i 0 -c:.. o W N I'\..) to -";I: \~ hereinafter mo~e particularly defined. ~ ,J ;<.:, .,', YJ ARTICLE I DEFINITIONS AND CONSTRUCTION Section 1. "Association" means HIGHLAND VILLAGE ONE ~ : ASSOCIATION, INC., a corporation not for profit organized pursuant '~to Chapter 617, Florida Statutes (1979), its successors and assigns. - I 1 Section 2. "Owner means the record Owner, whether one or .j more persons or entities, of the fee simple title to any lot or unit which is part of the Properties, including contract sellers, RETURN TO: FOWLER, WILLlAli.S & A:RTH, P.A. 28 W. CENTRAL BLVD. P.O. BOX 1215 ORLANDO, fL 32802 e - i;r~,C:,I,l ~ECCR~:; BOCK PAGE /533 140 / Oth excluding any other party holding such fee sim~~~hOt~t~JL. merely as security for the performance of an obligation and the Developer. Section 3. "Properties" means that certain parcel of real property described in Exhibit "A" attached hereto and incorporated by reference herein, together with such additions and deletions thereto as may hereafter be annexed or deannexed by amendment to this Declaration. Such annexation or deannexation shall be permitted without approval of Owners. Section 4. "Lot" means any plot of land shown upon any recorded subdivision map or plat of the Properties, together with all improvements thereon, with the exception of the Common Area. Section 5. "Unit" shall mean and refer to any building or portion of a building situated upon the properties designed and intended for use and occupancy as a residence by a single family, including but not limited to condominium unit, patio homes, . :...:1- cluster homes, multi-family attached or detached homes and rental units. Section 6. "Developer" means NEWLANDO, INC., a Florida corporation and its successors and assigns. Section 7. "Easement Area" shall include but not be limited to the retention ponds, landscape buffers, drainage easement, utility easement, common parking facilities, common landscaped area, and all appurtenances thereto (pumps, electric, drainage t facilities) and other facilities used by the Owners for the benefit of the Properties. Section 8. "Mortgage" means any mortgage, deed of trust or other instrument transferring any interest in a fot, or any portion thereof, as security for performance of an obligation. Section 9. "Mortgagee" means any person named as the Obligee under any Mortgage, as hereinabove defined, or any successor in interest to such person under such Mortgage. Section 10. "Highland Homeowner's Association" means the association which controls the common areas of the planned 2 ,j e AF!Ci11 ~.r:':~".~ ,., ,~'1 ,"',f, nO"K' - '''-"~,,;-)v'G'''' w U r i.. c: /533 I 402 un i. t development ]mown as the "Highlands" anSdM~~I~:,cch['s recorded covenants and restrictions at Official Records Book 969, Page 734, as amended in the Public Records of Seminole County, Florida. Said Covenants shall be superior to these Covenants and any conflict shall be resolved in favor of the Covenants previously recorded. Section 11. "FHA" means the Federal Housing Administration. Section 12. "VA" means the Veterans :Administration. Section 13. "The Work" means the initial development of the Properties as a residential community by the construction and installation thereon of streets, buildings and other improvements by Developer. Section 14. "Recorded" means filed for record in the Public Records of Seminole County, Florida. Section 15. "Interpretation." Unless the context otherwise requires, the use herein of the singular shall include the plural and vice versa; the use of one gender shall include all genders; ':~,1 and the use of the term "including" shall mean "including, without limitation." This Declaration shall be liberally construed in favor of the Developer. The headings used herein are for indexing purposes only and shall not be used as a means of interpreting or construing the substantive provisions hereof. ARTICLE II PROPERTY RIGHTS Section 1. Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as:Letween each Lot and such portion or portions of the Easement Area adjacent thereto, or as between adjacent Lots, or both, for the unwillful placement, settling, of shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms hereof), to a distance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Easement Area or as between said adjacent Lots, as the case may be, along a line perpendicular to such 'I. 3 I: I 533 I 403 I I e BO.O'.'" i i.. '... iJ h ~~ .) P~\GE Sniii'1GLE co. FL. boundary at such point; provided, however, that in no event shall an easerrent for encroachrrent exist if such encroachment is caused by willful reisconduct on the part of an Owner, Tenant or the Association. . ~~J t, . t."' Section 2. Use of Easement Area. There shall be no obstruction of the Easement Area (except for landscapin8> nor shall anything be kept or stored on any part of the Easement Area without the prior written consent of the Association except as specifically provided herein. Nothing shall be altered on, constructed in or removed from the Easement Area except upon the prior written consent of the Association. However, automobiles shall be permitted to be placed in the areas designated for park- ing and the landscape buffer areas shall be maintained by each lot owner. Section 3. Prohibition of Damage and Certain Activities. Nothing shall be done or kept in any Lot or in the Easement Area or any part thereof to increase the rate of insurance on the Properties or any part thereof over what the Association or ~vners, but for such activity, would pay, without the prior written consent of the Association. Nothing shall be done or kept in any Lot or in the Easement Area, or any part thereof, which would be a violation of any Statute, rule, ordinance, refu- lation, permit or other validly imposed rec.uirement of any ~overn- mental body or of the Declaration of Covenants and'~estrictions of the "Highlands". No damage to or waste of, the Easement Area or any part thereof or of the exterior of the Properties and buildings shall be committed by any Owner or any Tenant or in- vitee of any Owner; and each Owner shall indemnify and hold the Association and other Owners harmless against all loss resultinr from any such damage or waste caused by him or his Tenants or invitees, to the Association or other Owners. No noxious, de- structive or offensive activity shall be permitted on any Lot or in the Easement Ar~a or any part thereof, nor shall anything be done therein which ~ay be or may becorre an annoyance or nuis- ance to any other Owner or to any ot~~r person at any tiree law- fully residing on the Properties. 4 e ."'r:L:" ><"".,:, . ;~, '- "L...l.J' , \... B ~'r~ , .\.... '- I 533 I h 0 4 SE~llnOLE co. FL. Section 4. Provisions Inoperative as to Initial Construction. :;othing contained in this Declaration shall be interpreted or construed to prevent Developer, its transferees, or its or their contractors, or sub-contractors, from doing or perfor~ing on i all or any part of the Properties owned or controlled by Developer "ithin the Highlands, or its transfe~ees, whatever they determine to be reasonably necessary or advisable in connection with the co~pletion of the Work, including, without limitation: (a) erecting, constructinr, and maintaining thereon such structures as way be reasonably necessary for the conduct of Developer's business of completing the Work and establishing the Properties as a residential comrnu- nity and disposing of the same in parcels by sale, lease, or otherwise; or (b) conducting thereon its or their business of com- pleting the Work and establishing the Properties or con- tiguotis"'property as a residential community and disposing of the Properties in parcels by sale, lease, or other- wise; or (c) maintaining such sign or signs thereon as may be reasonably necessary in connection with the sale, lease or other transfer of the Lots either on the Properties or other property of Developer, including the use of units or carports (if permitted) as models and sales offices either by Developer or specified transferees of Developer. Fe:erence herein to Developer shall mean its successors and as- signs not to include purchasers of residential units. Notwith- standing anything contained herein to the contrary, Developer shall be subject to terms and conditions of the Declaration of Covenants, Conditions and Restrictions of the "Highlands". Section 5. Rules and Regulations. No Owner shall violate the rules and regulations for the use of the Lots and the Ease- ~ent Area, as the same are from time to time adopted by the !-.5 sociation. 5 e ITF,.,a"rC"I~ ,,' 'L..t...... r\l,J BOG~ P^CE . 1533 I 405 SE~11hO!..E co. FL. Section 6. Ownership Rights Limited to Those Enumerated. In the event any Lot is shown or described as bounded by any stream, pond, or any other body of water situated in whole or in part upon the Easement Area, all riparian rights therein shall be appurtenant to the Easement Area and no attempted grant thereof to an Owner shall be effective as to the Associa- tion or the other Owners. AFTICLF. III ME1-ffiERSHIP AND VOTING RIGHTS Section 1. Y-embership. Every Owner shall be entitled and required to be a member of the Association and to be a member of the Highland Homeowners Association, which is found and controlled by the Declaration of Covenants, Conditions and Restrictions referred to in Article I, Section 2. If title to a Lot is held by more than one person, each of such persons shall be members. An Owner of more than one Lot shall be entitled to one member- .... .:....~ ship for each Lot owned by him. Each such membership shall be appurtenant to the Lot upon which it is based and shall be trans- ferred automatically by conveyance of that Lot. Np person or entity other than Owner or Developer may be a wember of the Association, and a membership in the Association may not be transferred except in connection with the transfer of title to a Lot; provided, however, the foregoing shall not be construed to prohibit the assignment of membership and voting rights by an Owner who is a contract seller to his vendee in possession. Section' 2. VotinR. The Association shall have two (2) classes of voting rrembership: (a) Class A. Class A members shall be all Owners with the exception of the Developer and shall be entitled to one (1) vote for each Lot owneff' When more than one per- son holds an interest in any Lot, all such persons shall be wembers. The vote for such Lot shall be exercised as they among themselves determine; but in no event shall more than one (1) vote be cast with respect to any Lot. There shall be no split vote. Prior to the time of any 6 e !:e,~L Pf.GO~,:~ BOOK P~GE 1533 I 406 SEMiNOLE CO. FL. meeting at which a vote is to be taken, each co- Il o\vner with the Secretary of the Association in order to be entitled to vote at such meeting, unless such co-owners have filed a general voting authority with the Secretary applicable to all votes until rescinded. (b) Class B. The Class B member(s) shall be the Developer and shall be entitled to five (5) votes for each Lot owned or (12) votes for each acre of undivided land. The Class B membership shall cease and be converted to Class A mem- bership on the happening of either of the following events, whichever occurs earlier: (i) when the total votes outstanding in the Class A rr.embership equal the total votes outstanding in the Class B membership; or (ii) on June 1, 1990; or (iii) if the Developer, at its option, desires to turn . .. .~... "- over control of the Association. ARTICLE IV RICHTS AND OBLIGATIONS OF THE ASSOCIATION Section 1. Easement Area. The Association shall be respon- sibile for the maintenance and repair of the retention areas, drainage easements, co~mon parking area and common landscaped areas located within the Properties, such maintenance shall as- sure the free flow of water throughout the drainage easements and shall include but not be limited to the rr.aintenance of the pipes which are part of the drainage system within the Properties. The City of Winter Springs shall have the right, but not the obliga- tion, if required by emergency conditions, to assure the func- tional operation of the drainage system on the Properties and such costs of such emergency procedures shall be charged to the Association. Should a Lot Owner fail to properly maintain the area desip- nated as landscape buffer on the plat of record, the Association shall also be responsible for the maintaining of such areas con- tained within the Properties. 7 e .,-., R',,,,~.,~. ~~~H;" .,:_~j:',~.:~ BOer\ :1:. SE I 533 140 7 Section 2. Services. The AssociatiSJ~:N~~\rC06b~'ain and pay for the services of any person or entity to manage its affairs or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Properties, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connec- tion with the operation of the Properties or the enforceITent of this Declaration. The Association may arran~e with others I to furnish water, trash collection, sewer service and other com- mon services to each Lot, if necessary. Section 3. Personal Property for Common Use. The Associa- tion from time to tiwe ~ay adoPt, alter, amend and rescind rea- .. I sonable rules and regulations governing the use of the Lots and of the Commo~ Area, which rules and regulations shall be con- sistent with the rights and duties established by this Declara- tion and the Declaration of Covenants, Conditions and Restrictions of the "Highlands". m ~ Section 5. %1~'1'~1fP7 Restriction on Capital Improvements. Except for replacement or repair of those items installed by Developer as part of the Work, and except for personal property related to the maintenance as set forth herein, the Association may not ,I authorize capital improve~ents without Developer's consent during a period of seven (7) years from thn date of this Declaration. At all times hereafter, all capital improvements except for re- placement or repair of those items installed by Developer as part of the Work and except for personal property related to the maintenance of the Easement Area, shall require the approval of two-thirds (2/3) of the persons eligible to vote. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of a Lien and Personal Obligation of Assess~ents. The Developer, for each Lot owned within the Proper- ties, and generating incowe to the Developer, hereby covenants 8 e "r. ofr:'~"~ :.;fl i...;._~~):\~'J EGGK r~CE I 533 I 408 SEMj~WLE co. FL. and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; and (2) special assess- ments for capital improve~ents, such assessments to be es- tablished and collected as herein provided; and (3) special a-sessments against any particular Lot which are established pursuant to the terms of this Declaration; and; (4) all excise taxes, if any, which may be imposed on all or any portion of the foregoing by law. All such assessments, together with interest and all costs and expenses of collection, including reasonable attorney's fees, shall be a charge on the land and shall be con- tinuin~ lien upon the property against which each assessment is made. Each such asdessment, together with interest and all costs and expenses of collection, including reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner oT"'such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner's successors in title unless expressly as- sumed by them, however, the land shall still be subject to fore- closure for failure of a previous Owner to pay any obligation due under this Declaration. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the re- cr~ation, health, safety and welfare of the residents in the Properties; for the improvement and maintenance of the Easement. I Area for payment of all taxes assessed to the Association, if any, in respect to the Easement Area, or the improvements of personal property thereon, or both; and for the Association's general activities and operations in promoting the recreation, health, I ' safety and welfare of the residents in the Propercies. Section 3. ~aximu~ Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot by Developer to an Owner, the annual assessment shall not be in excess of One Hundred Twenty and No/IOO Dollars ($120.00) 9 . A"I !H"n~"~ SOOP'I"~ "'-"U".;~\GE 1533 I 409 SEMINOLE CO. FL. ~Jt including the Highlands Association fees. (a) Prom and after January 1 of the year iwmediately following the conveyance of the first Lot by Developer to an ~vner, the annual asssess~ent may be increased each year not more than four percent (4%) above the assess~ent for the previous year without vote of the I rrembership. (n) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the annual assessment may be increased above four per- cent (4%) by a vote of two-thirds (2/3) of each Class of merrbers who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors of the Association may fix the annual assessment.at an amount not in excess of the aITounts set forth herein. Section 4. Special Assessments for Capital Improvements. ,< :..." In addition to the annual assessments authorized above, the Association rray levy, in any assess~ent year, a special assess- rrent applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, II repair or replacement of a capital improvement upon the Easement Area, including fixtures and personal property related thereto, or the Properties. provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each Class of vo't ing members who are vot ing in person or by proxy at a meet- ing duly called for this purpose and, during the first seven (7) years frorr the date hereof, the same shall be approved by Devel- oper. Notwithstanding anything contained herein to the contrary the Association may levy an assessment for the repair or main- tenance of the drainage system. Section 5. Notice of ~eetings. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 hereof shall be sent to all members not less than fifteen (15) days nor more than thirty-five (35) days in advance of the meeting. At the first such meeting 10 - niF:rA rO(i~'I~ ".w...."..I\l.,'" BOOK P~CE 1533 1 4 1 0 SEMI~iOLE co. FL. called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes shall constitute a quorum. If the required quorum is not present, another ~eeting may be called subject to the same notice require- rr.ent, ano the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the pre- ceding meeting. No such subsequent meeting shall be held ITore than thirty-five (35) days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both special assessments for capital irr.provements, and annual assessments, shall be fixed at a uniform rate for all lots and may be collected on a monthly basis; provided, however, the fore- going requirement of uniformity shall not prevent special assessments against any particular lot which are established pursuant to;_Jpe terms of this Declaration. Notwithstanding anything contained herein to the contrary should part of the Properties be developed into garden type residential units the assessment for the units may be readjusted in the sole discretion of the Developer. Section 7. Developer's Assessment. Notwith~tanding the foregoing requirement of uniformity, or any other provision of this Declaration, or the Association's Articles of Incorp- oration or By-Laws, to the contrary, the annual assessment , against any Lot in which Developer owns any interr~t shall, as long as Developer owns the Lot and is not desiring any income from the same shall be zero. Upon transfer of title of a Developer-owned Lot, such Lot shall be assessed in the amount established against Lots owned by the Class "A" members of the Association, prorated as of, and commencing with, the month following the date of transfer of title. Notwithstand- ing. the foregoing, those Lots from which Developer derives t 11 Ii e Or. Fie. !"./r~cQW:. . .......-.;011<.'... BOO~ PAGE 1533 1 4 I 1 SEMINOLE CO. FL. any rental income, or holds an interest as mortga~ee or contract seller, shall be assessed at the same a~ount as in hereinabove established for Lots owned by Class "A" members of the Association, prorated as of, and comwencing I I with, the month following the execution of the re1 ~al agreement or mortf.age, or the contract purchaser's entry into possession, as the case may be. Section 8. Date of Commencerrent of Annual Assessments to the Association. The annual assessments provided for herein shall commence as to all Lots within that portion of the Properties described in Exhibit "A" attached hereto no later than the first day of the second month following notice by the Developer that such assessments shall begin. Developer shall file an Affidavit stating the commencement of the annual assessments. Developer shall give Owner thirty (30) days notice. The annual assessAents within any addition I, ;.. ,;6t." to the Properties created by annexation, as hereinafter pro- vided, shall commence as to all Lots included within each such annexation on the first day of the month following annexation. Both annual and special assessments may be collected on a monthly basis, in the discretion of the Board of Directors of the Association, which shall fix the amount of annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. The Asso- ciation shall, upon demand, and for a reasonable charge, fur- nish to any interested party a certificate signed by an offi- cer of the Association setting forth whether the assessments against a specific Lot have been paid and,if not, the amount of the delinquency thereof. The Board of Directors of the Association shall establish the due date of all assessments contemplated by this Declaration. Notwithstanding anything contained herein to the contrary, Developer shall not be requested to pay any assessments whatsoever so long as the 12 e O~F'e' p'i'r.~.,. r ;,lv.JKl:,) BOOK PAGE 1533 I 4 I 2 SEMir-iOLE co. FL. annual assessments to Owners is not increased and Developer controls one-half or more of the votes of the Association. Annaul assessments payable to the Highlands shall be- gin pursuant to the terms and conditions of the Highlands Covenants and Restrictions as referred to at Article I. Section 10 herein. Section 9. Lien for Assessments. All sums assessed to any Lot pursuant to this Article. togehter with interest and all costs and expenses of collection, inc illding reasonable attorney's fees. shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except only for: (a) Liens of general and special taxes; and I (b) .A.lien for all sums unpaid on a first mortgage. or on any lfurtgage to Developer. duly recorded, in- cluding all unpaid obligatory advances to be made pursuant to such Hortgage and all amounts advanced pursuan t to such l~ortgage and secured by the ~ien thereof in accordance with the terms of such in- strument; and (c) Construction liens filed prior to the making of any such assessment. Except for said liens of general and special taxes, liens for all sums secured by a first ~ortgage and Mortgages to Developer and construction liens as more particularly defined in sub-paragraphs (a) through (c) hereof. all It other lienors acquiring liens on any Lot after the record- ation of this Declaration in the Public Records of Seminole h 13 e "'"F'Ci" .~,~[!~ IJf : ,"~ vr"c,J BOOK. P I,CE' 1533 1413 SEMINOLE CO. FL. County, Florida, shall be deemed to consent that such liens shall be inferior to leins for assessments, as provided herein, whether or not such consent is specifi- cally set forth in the instruments creating such liens. The recordation of this Declaration in the Public Records of Seminole County, Florida, shall constitute construct- ive notice to all subsequent purchasers and creditors, or either, of the existence of the lien hereby created in favor of the Association and the priority thereof. Ii Section 10. Effect of Nonpayment of Assessment: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the .-.,~':' same, or foreclose the lien against the property or both. No Owner may waive or otherwise escape liability for the assessments provided for herein. A suit to recover a money judgment for unpaid assessments hereunder shall be ~aintainable without foreclosing or waiving the lien securing the same. Section 11. Foreclosure. The lien for sums assessed pursuant to this Declaration may be enforced by judicial foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed in Florida. In any such foreclosure, the Owner shall be required to pay all costs and expenses of foreclosure, including reasonable attorney's fees. All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be re- quired to pay to the Association any assessments against the Lot which shall become due during the period of foreclosure, and the same shall be secured by the lien 14 e -.a., I.>~r""-'" L_ML :.Lo.IUr,;~~ BOOK PAGE /533 / 4/4 SEH1IWLE co. FL. foreclosed and accounted for as of the date the Owner's title is divested by foreclosure. The Association shall have the right and power to bid at the foreclosure or other legal sale to acquire the Lot foreclosed, and thereafter to hold, convey, lease, rent, encumber, use and otherwise deal with the same as the Owner thereof for the purposes of resale only. In the event the fore- closure sale results in a deficiency, the Court ordering the same may, in its discretion, enter a personal judgment against the Owner thereof for such deficiency, in the same manner as is provided for foreclosure of Mortgages in the State of Florida. Section 12. Homestead. By acceptance of a Deed thereto, I, the Owner of each Lot shall be deemed to acknowledge conclusively that the obligations evidenced by the assessments provided for in this Declaration are for the improving and maintenance of any homestead maintained by such Owner on such Owner's Lot. I Section 13. Subordination of the Lien to Mortgages. The lien of the as~essments provided for herein shall be subordinate to the lien of any first mortgage and mortgages to Developer. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of any such first mortgage, or Developer Mortgage or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for t assessments thereafter becoming due or from the lien thereof. The Association shall, upon written requeflt, report to any encumbrancer of a Lot any unpaid assessments remaining unpaid for a period longer than thirty (30) days after the same shall have become due and shall give such encumbrancer a period of thirty (30) days in which to cure such delinquency before instituting foreclosure proceedings against the Lot; provided, however, that such encum- brancer first shall have furnished to the Association written notice of the existence of the encumbrance, which notice shall designate the Lot encumbered by a proper legal description and shall state 15 e .'C", p'0r[),,~ . . JIM.... .\L;......n....) . BOu . PAGE I 533 I 4 I 5 SEMINOLE co. FL. the address. to which notices pursuant to this section shall be given to the encumbrancer. Any encumbrancer holding a lien on a Lot may pay, but shall not be required to pay, any amounts secured II, by the lien created by this Section; and, upon such payment, such encumbrancer shall be subrogated to all rights of the Association Ij ~ith respect to such lien, including priority. ARTICLE VII C=TY \VALLS ') Section 1. General Rules of Law to Apply. Each wall or appurtenant as a unit which is built as part of the original con- struction of the buildings upon the Properties and placed on the dividing line between the Lots, shall constitute a party wall or structure subject to this clause, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls or unit structures and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall or structure shall be shared by the Owners who make use of the wall or structure in proportion to such use. Section 3. (~truction by Fire or Other casualty) If a party wall or structure is destroyed or damaged by fire or other casualty and it is not covered by insurance, any Owner who has used the wall ~ay restore it, and shall contribute to the cost of restoration thereof in proportion to their use without prejudice,' however, to the right of any such Owners to call for a larger contribution from the others under any rule or law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or willful act causes the party wall or structure to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 16 e sttriV,'L fH 0nRl"!0 ,... .1._>.1,' ,..) PAGE 1533 I 4 I 6 SEMiNOLE CO. FL. Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's in title. Section 6. Fencing. Fencing between units shall be treated as a party wall. Ii ARTICLE VIII INSURANCE Section 1. Obligation of Owners. Each Owner ; ~.all carry fire and extended coverage insurance on his Lot in the amount of the full insurable value (replacement value) of such Lot, and such policy or policies of insurance shall name the Association as a co-insured to the extent its interest may appear. Within thirty (30) days after acquiring title to a Lot, each Owner shall submit to the Association a certificate evidencing such insurance coverage and "providing that the same cannot be cancelled without at least ten (10) days written notice to the Association. The foregoing provision shall be inoperative if, and only if, the I~, Association itself maintains such insurance on such Lot as part of a blanket or master policy insurinB all or any portion of the Properties. Such master or blanket coverage may be maintained by the Association on any portion of the Properties, with the written consent of the Owners of all Lots in such portion; and, in such event, the costs of such coverage shall be specially assessed prorata against each Lot enjoying the benefit thereof. Such blanket or master coverage may be maintained by the Association on all of the Properties if approved by thre€-fourths (3/4) of each class of members who are voting in person or by proxy at a meeting duly called for such purpose pursuant to notice given not less than thirty (30) days, nor more than sixty (60) days, in advance of such meeting. In such event, the cost of such blanket or master coverage may either be paid from general Association funds or may be specially assessed prorata against each Lot within ~he Properties, in the discretion of the 17 e 'nlll Pfl"nR",n viM;" .....i...v l:y 80 j -P,\GE 1533 141 7 jj SE/~INOLE co. Fl. Association's Board of Directors. Notwithstanding the foregoing, no government agency as an Owner shall be required to carry insurance on any Lot. Section 2. Association's Obligations. The Board of Directors may provide workmen's compensation insurance and fidelity bonds on its officers and employees in such amounts as is determined by the Board of Directors to be necessary or desirable from time to time. Section 3. Destruction and Reconstruction. In the event of a partial or total destruction of a building or buildings, the same shall be rebuilt and repaired as soon as practicable and substantially to the same design, plan and specifications as originally built, unless, within ninety (90) days of the date of the damage or destruction, all Owners and first mortgage holders agree not to rebuild or repair. On reconstruction, the design, plan and specifications of any building or Lot may vary from that of the original. upon approval of the Association, provided however, that the number of square feet of any Lot may not vary by more than five percent (5%) from the number of square feet for such Lot as originally constructed, and the location of the buildings shall be substantially the same as prior to the damage or destruction. (Subject to ARB approval). In the event any Owner fails to rebuild or reconstruct the building which is located on his Lot pursuant to this Section, then and in such event the Association may undertake said reconstruction or rebuilding and levy a special assessment against such Lot for the cost thereof. ARTICLE IX STAGE DEVELOPMENTS AND ANNEXATION I Section 1. Annexation without Association Approval. The additional lands described in Exhibit "B" attached hereto may be annexed, thereafter deannexed, in whole or in part, by Developer and made subject to or removed from being subject to the governing I ' provisions of this Declaration without the consent Ot the Class "A" members of the Association so long as there is Class "B" 18 e &; 'i prca. ~,,~ [JoolFJ"~.,- rlpAGE /533 / 4 / 8 SEMINOLE CO. FL. membership or the Developer still owns property or has an option to purchase any property described in Exhibit "B". The Properties, buildings and Owners situated upon all or any portion of the lands described in Exhibit "B" attached hereto may at the1option of the Developer, become subject to the provisions of this Declaration or removed from being subject to the same upon recording of an appropriate amendment hereto executed by Developer without the consent of Owners. Until such an amendment is so recorded, no provisions of this Declaration shall be effective as to all or any portion of the lands described in Exhibit "B", nor shall this Declaration constitute a cloud, doubt, suspicion or encumbrance on the title to said lands and there shall be no requirement that Developer annex all or any part of the balance t of the Property into their Association. Section 2. When Association App~oval Required. If, within seven (7) years from the date of this Declaration, an application for FHA mortgage insurance or VA mortgage guarantees has been made and not withdrawn, and the FHA or VA determines that Developers' detailed plan for the annexed property or this Declaration is not in accordance with the requirements of such agency and either agency so advises the Association and Developer, Developer shall have the absolute right to amend this Declaration to permit the Properties and those lands described in Exhibit "B" to be FHA and VA approved. Developer retains the right to apply or not to apply, or to withdraw application, for either FHA mortgage insur~nce or VA mortgage guarantee at any time hereafter. Section 3. Effect of Annexation. When completed, any annexation pursuant to this Article shall extend the jurisdiction, functions, duties, and membership of the Association to the real property thereby annexed; and the Owners of the Lots within the lands described in Exhibit "A" attached hereto shall have equal duties and equal rights in and to the Easement Area in the lands annexed with the Owners of the Lots in the annexed lands, and vice versa. 19 e .CiIL t)'0n0r'~ ",1'"'\ :.L...:.J,r..:_~.) 'BOOK f',~CE J533 /4/9 SEMINOLE CO. FL. ARTICLE X GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by, or pursuant to, the provisions of this Declaration; and the party enforcing the same shall have the right to recover all costs and expenses incurred, including reasonable attorney's fees. In the event the Association enforces the provisions hereof against any Owner, the costs and expenses of such enforcement, including reasonable attorney's fees, may be assessed against such Owner's Lot as a special assessment pursuant to the provisions hereof. Failure by the Association or by any Owner to enfo~ce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so at any time. If these restrictions are enforced by appropriat.€,....proceedings by any such Owner or Owners, such Owner or Owners may be reimbursed by the Association for all or any part of the costs and expenses incurred, including reasonable attorney's fees, in the discretion of the Board of Directors of the Association. Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the A~~ociation, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be- amended during the first thirty (30) year priod by an instrument signed by not less than 20 'l. e ~'"L Urrr.k':~ .,1" ..~.l".," BOO~PAGE 1533 I 420 SEMINOLE CO. FL. seventy-five percent (75%) of the Lot Owners, and thereafter by an instrument signed by not less than sixty-five percent (65%) of the Lot Owners, except as provided herein for annexation or deannexation. Any amendment must be properly recorded. Notwith- standing anything contained herein to the contrary, so long as ~he Developer is a member or is in control of the Association, the Developer may amend'the Declaration for the purposes of curing l any ambiguities or inconsistencies among or between the provisions contained in said Declaration or amendments thereto or Articles Ii of Incorporation of Highland Village Une Association, Inc. or the By-Laws or to bring the Declaration into compliance with standards set out by Federal National Mortgage Corporation, Federal Home Loan Mortgage Corporation, VA or FHA, and make any reasonable - amendments thereto, so long as such~amendments conform to the g~neral purposes and standards of the Declaration. Developer shall also have the absolute right to amend the Declaration for annexat ion or-.,deannexa t ion purposes.. Section 4. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval - of the Federal Housing Administration or the Veterans Administration if application for FHA mortgage insurance or VA mortgage guarantees has been made and not withdrawn: Annexation of additional Properties, dedication of common areas, and amendment of this Declaration. Section 5. Effect of Recording. Any Lot situated within the real property described in Exhibit "A" attached hereto shall be deemed to be "~ubject to assessment" as such term is used in this Declaration, or in the Association's Articles of Incorporation or By-Laws, upon recording of ths Declaration; and any Lot annexed pursuant to the provisions hereof shall be deemed "subject to assessment" upon recording of the amendment to this Declaration annexing the same. Section 6. Dedication. In the event any portion of the Properties is dedicated for use by any public agency, or franchisee thereof. for the purpose of installing utility facilities servicing 21 e e O"F'Ci'L Dtrr~il" r :.1'1 ;., :.yJ n. .) BOOK . PAGE /533 1421 SEMINOLE CO. FL. - - the Properties then the provisions of this Declaration shall - be inoperative to the extent that they conflict with the terms -: of such dedication. Should any of the easements for utilities lie within the Lots, a right of access to said easements is .. _granted to the entity or person owning the utility installa- tion. Subject to the requirements of Article II, Section 1, of this Declaration, the Association may dedicate all streets and roads to public use and, upon acceptance of such dedica- tion by the public agency having jurisdiction of the same, the-~erms and provisions of this Declaration shall not apply ,.:; :~to the areas so dedicated to the extent that the provisions of - this Declaration are inconsistent with such dedication. ._~ r" -- - Section 7. Conflict with Declaration of Covenants, Con- -- ~. .;ditions and Restrictions of the Highlands. In the event any . r - __provision in this Declaration is in conflict with the terms and conditions of the rules, regulations, covenants, conditions : and.restrictioJ4s existing for the Highlands Homeowners Associa- tion, such provision shall be null and void and the Highlands - - Homeowners Association rules, regulations covenants, conditions and restrictions shall control. IN WITNESS WHEREOF, the Developer has caused this instru- ment to be duly executed the day and year ~~ STATE OF FLORIDA COUNTY OF ORANGE The firsgoing instrument was acknowledged before me this - ~ day of .-L1A R ( H 198;', by WARREN E. WILLIA?iS, Vice President of NEWLANDO, INC., a Florida corporation, on behalf of the corporation. \\;'IIUt~" . '- "\.J1III6t 1,/ ",\' \''8'' '~~D' """.. ~, .o\C\' .... .\ " .,.~ ~- ~..... -" " .. Jr{. lJ;J\l-:f & '~"""'~; i · ~~4-A- : :'~~ ~ ~7 ~~.J -.. .: ~.-' ~~ ". ~t110"'" i ':.:. J' -. .. .-,. ,~ ., ,.. ':-.& I, ';" r "',,, 'I) -' ^ ..... .....;. + "'-"""T" ".' lj.' . "If)' C1' l.d~S" ~. 1"1 'v,l.;lll:,~,,, XI)I~-i ~ffll('j ~l'g ,,\\' Bonde~ <I, ld"',ers Surtf~,~.\,\" 22 --e-- - ...-- --.-1l1fitl~nr.t'J'r\"-.---~~~ BOOK P~GE -. 'fI 1533 . ..-. ...., -..- .. 1 ' 4' I It 220ft UF vm~iZ~ SPR!nG~ t' :i:t:.::rV2D EXHIBIT "A &HIIIIOLE CO. 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Q. . . ... ^ I' I ,.. m C) > r- C m fA o :0 - -0 ... - o z i (J I ...'~ ~r.a ~~ ~!' ~~ ~ :;r~ ~ ,J'~~ nQ ~ :44' ~ ,J' . :;r..(,I ~~ ., '. ~(,I ~ ~-: ~~ ,"" 'on .". . ~(,I .....g, ;;1J~ nQ ~ ~_Ift ....'~ ~~ ~{} '..,~ .~on ., . 'F'd1 ~ ~~ <~n .~::!1/ ...~ :;:'\~ ~~ ~~ ~~ :r~ .... 'on ., w ~~{} ""~ ~~ ~:dfI ~ ". ~ ~ :'~(,I '..,~ ~~ ~(,I ....,~ ~e-- ~";:r) ~ '"', Ie-- ~~ ~~ ~~ ~ " . ~(,I ~ ~.!, ;::r:,.,~ ~ ."..~ ~Q ~ ~"-;(,I ~ .,..!, e ltoo~fiCj,\L.R ECOR~~GE t EXHIBIT liB" /533 /423 aegi:l at ~'1e So\:.theast Corner of Lot 6 ~n BlockSl~ND6~C~Jtth Orlando Ranches Secticn 11, as recor~ed i~ plat Book 13, Pages 22 and 23 of the Public Records of Semi~ole County, Florida, thence run s. 8605';"58" E. along the ~orth line .of said Block 16, a distance of 594.84 feet to a point on the Westerly right of way li~e of State Road No. 419, said point being on a curve concave Northeast- erlv, and having a radius of 2425.71 feet, t~ence from a tangent bea;i..~g 0: S.27006'3S" E. rU:l Southeasterly along the ar:: or said curve and s<Jid -;.;esterly right of .....a~' :'.:..~e 280.79 feet through a central angle of 06037'S6" to the point of reverse curvature of a curve concave Westerly and having 3 radius of 25.00 feet, thence run Southerly along the arc of said curve 38.62 feet through a central angle of d8030'32" ~o the point of tangen~I on the Northerly right of '/'Iay line of Edgemon .~venue: thence run S. S40 46' 01" W. along said Sort~erly right of way line 721.15 feet, thence N.35013' 59" ~.;. 175.00 feet, t1':.ence S.S4~46'Ol" w. 210.00 feet, thence ~.35013'S9" W. 32.05 feet, t~ence S.5~o46'01" w. 155.00 !~~t_~o. t1':.~ ~ Westerly coundary line of said North Orlando Ranches Sec~ion 11, ~ thence run Nor~herly and Westerly along said Westerly boundary ~ line the following courses: run N.3s013'59" W.l19.96 feet to the ~ point of curvature of a curve concave Easterly anc having a radius ~ of 1715.00 fe~t, thence run Northerly along the arc or said curve ~ 383.46 feet through a central angle of 12048'39", thence run ~ 5.67034'40" W.234.44 feet, thence 5.80018'19" W. 225.00 feet, ~ ~ thence leaving said Westerly boundary line run 5.26056'03" W. :;f 580.15 feet, toit~e Nort~west corner.of Lot One, Block "3", North ~ Orlando 5th Addition, as recorded in Plat Book 13, Pages 77 and 78 ~ of t~e Public Re~rds of Seminole County, Florida, thence run ~/ South 105.00 feet to a point on the Northerly right of way line of ~ ~. North 3rd Street, as per plat of- "North 3rd Street and Sheoah ~ Boulevard", recorded in Plat Book 19, pages 33 and 34, Public ~ Records of Seminole County, Florida, said point bei:lg on a curve ~, concave Southerly and having a radius of 701.77 feet, thence run ~ ~, Westerly along said Northerly right of way line, the following ~ courses: t~ence from a tangent bearing of West, run ~esterly along ~ the arc of said curve 367.45 feet through a central angle of 300 f~ 00' 00" to the point of reverse curvature of a curve concave .- ~e ;,?,r. Northerly and having a radius of 432.82 feet, thence run Westerly-'. ~ along the arc of said curve 201.99 feet through a central angle ~ of 26044'22" to the point of tangency, thence run 5.86044'22" W. ~~ 199.82 feet to the point of c~=vature of a curve concave North- .. ~ easterly and having a radius 0= 25.00 feet, thence run ~orthwesterl7~ - . ";:r) r. along the arc of said curve 37.30 =eet through a central angle of ~~ 86037' 42" to the .ooint of reverse curvature to a curve concave ~r. ~esterly and havi~g a radius of 910.23 feet, said poL~t also beL~g ~ on the Easterly right of way line of Sheoah 30ulevarc: thence ~ leavL~g said Yortherly right of way :ine of North 3rd Street, run ~ Northerly along the arc of said curve and said Easterly right of ~ way line 227.42 feet through a central angle of 14018'SS" to the ~ Sout.~erly line 0= Tract "A ", of The Sighlanc.s Sectiol) Two, as ~ recor~ed in Plat 3cok 17, oa~e 47 of the ?ublic Recor:s of Semi~ole ~~ .. j ""..... County, Florida, thence run Northerly along the Southerly and ~ Easterly li.o:e 0: said Tract "AU the following courses: run N.75044-' ~~ 09" E. 408. i4 feet, 'Chence ~l.lSo 30' 18" E.' 804.27 feet, thence ~, ''1 3' 0 45 ' ., , " l:' 2 .4 6 08 f t th ''1 600' l' 43" E 5 Q 3 - , L:e t ~~ .'t... _........,.. .. ee, . ence ..... _ . _ .:J_ ... e . .....::. (continued on next page) i . :r.., ~~ -:r.Q !.~ ., " -:-;!1 ~~ ;\~ :r..(1 ~ wi" ..~. '.r.(1 ~{:\ ., . "-"1 ~ ~ .. ~r.(~ :.r;. ., . "-:'Q 1.(-n ., " ......ufl ;r~ ~r.q ~ ..,., ;'f4~ ~' '.~t? !.~ ., . ;.r.g . .-. ....." <<I Y:;1 :{';; or . --../ ~n. ~ '. YOfJ ~r-~ ~on ~ - "~''1 ~ ~!'1 .~ ~;fl .~- -. .~ '" . .,. 'I ... .:.... ~..~. :'If".!' . -. . . . ,. . ....:.!, ;..~, " '. ..,-.,:} .~- ;..~. ..,... , " -- ,.. . ~.~ ., . ':'; - ~ ~i;; ., o. :.~~~~ :.t"n ~o, ~.-.i~ ~{"!i ';r"1 ~.~ .....n ",. :r.:? ..-- ..... ".. " o. .... ,..,. ... ~ . . OFFJCIAL RECORDS BOOK PAGE " 1533 1 424 1-::\111 BIT "B" SEMlttoLE CO. FL. :hence N.23037146" E. 87.32 fect, thence N.:3049127" W.420.SG feet, thence N.l~o41'21" W.706.32 feet, thence N.01019'S6" E.430.1: feet, =b~nce ~.49045'';9" 1-1.170.29 feet to the Southerly boundar.! line of "The r...i;hl.ands Section Four", as recorded in Plat Book 19, page 44, of ~~e Public Records of Seminole County, Florida, thence lea'/inq said Easterly line of "Tract A", run Easterly along said Southerly ~cur.dary line of rhe HighlandD Section Four the fcllowing courses: r~n 9.35025'56" E. 143.04 feet, th~nce N.22029'36" E. 115.42 feet, ~he~ce S.66049'30" E.219.93 fe~t, t~encQ1~aving said Southerly boundary li:lQ run 5.26002'31" E. 288.92 feet, thence 5.22022109" 200.00 feet, thence 5.02059'12" W.71.S8 fect, thence 5.50008148" 1:'1.09 feeto, th~r.ce 5.78052'S8" E. 277.53 feet to a point on a o::u:".pe concave Easterlv and having a radius of 633.88 fet:'!t, thence - I =r~r:l a ~angent ~e~=iI~q of ~.11007102" E. r\1."1 ~ortherly along the a=~ of said cu=ve 2l~.46 feet through a central angle of 19012'16", ~hence ru..'l 5.59040 I 42" E. 270.00 feet, thence N. 890 05 1 02 II E .0, l39.~3 feet to a ?oL~t on the Easterly boundary line of North Qrlanco aanc~~s Sec~ion 12, as recorded in Plat Book 13, Pages 24 a~c 25, of the Public 0= Seminole CO~"1ty, Florida, thence run 5.00054' 58" E. along said :~sterly bouncary line of ~orth Orlartdo ~anche~ S~c~ior. 12, and the ~asterly boundary line ~i aforesaid ~10:---";1 O.lanco Ranches S(!ction 11, a dist3.nce of 1564.39 feet to ::'0 ~oL~t of b~gi.-..ni:1g 0, LESS THE LEGAL DESCRIPTION DESCRIBED IN EXllljnT~ "A" ~....;,... /l - -- ..... ~ ~ (; r: c; or r. .... ., c c; ...,. . lor. f;' Y .. f;' ?;. C;' ~. ~ .... ...- G~ ~ ~ ~~ ~ ?;J ~ :--;. Co( or. ~ ~, ___ "1'("- . ".' . oJ' ,-:, . Cb- ~~ ~ ~:; ~.~ ~~ ~,;. ~.~ ~" . .. . ., 0 ;r:.. ~ ~:v ~ ~~ W ~r; c:~ ~r. C%' ~~f ~r.- ;;;;'l1'" ~i;l ~~- ... .' ~r.;,l ~~