Loading...
HomeMy WebLinkAboutHighlands Glen Association, INC c8' 0'0 . , ' ~~ ~~ ~ UF:CAL r::cc~rl~ BOG~ PAGE 161 7 1403 SEt.1INOLE co. Fl. DECLARATION OF EASEMENTS COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this J5r day of _F~6t~~KV by JAMES C. LEWIS and ROGER A. PIERCE, hereinafter called , 1985, "Developer". WIT N ESE T H: ~,,,,,,.~/Mt,. - W. that certain parcel of WHEREAS, Developer is the sole owner of real property situate in Seminole County, Florida, described in Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, Developer desires to impose a common plan of development on said real property for,the purpose of protecting the value and de- sirability thereof, and for the purpose of enhancing the marketability thereof; NOW, THEREFORE, Developer hereby declares that all of the real property described in Exhibit " A" attached hereto and incorporated by reference herein shall be held, sold and 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 terms are hereinafter more particularly defined. ARTICLE I DEFINITIONS AND CONSTRUCTION Section 1. "Association" means HIGHLANDS GLEN ASSOCIATION, INC., a corporation not for profit organized pursuant to Chapter 617, Florida Statutes (1979), its successors and assigns. Section 2. "Owner" means the record Owner, whether one or more persons or entities, of the fee simple title to any lot or unit which is part of the Properties, including contract sellers, but excluding any other party holding such fee simple title merely as security for ~ (.0<) .. W xf;; _ ~ ::;';C~ U"'l S:x 00 ~.~ f .., c:ij .b, ,_,(") 0<:: ~ ~:::j ex> -0 ~g CD ::z:: ",,<:: 0:;) r =: Q) '-n. :2 "'1 ~ 1 . e if";:"" V.,,-:- . ,1"",,..._ .' _' I,. ~CQ~ i~i'.G~ 161 7 I 404 SEr.iil,Ci..E co. FL. 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 here- after 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 subdivison map or plat of the Properties, together with all improve- ments 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, cluster homes, multi-family attached or detached homes and rental units. Section 6. "Developer" means JAMES C. LEWIS and ROGER A. PIERCE, and their sucessors and assigns. Section 7. "Easement Area" shall include but not be limited to the retention ponds, landscape buffers, drainage easement, utility ease- ment, common parking facilities, common landscaped area, and all appur- tenances thereto (pumps, electric, drainage facilities) and other fa- cilities 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 lot, or any portion thereof, as security for performance of an obligation. Section 9. "Hortgagee" 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 associa- tion which controls the common areas of the planned unit developement known as the "Highlands" and also has recorded covenants and restric- tions 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. 2 . , e "'trr", 't "', _eA, . rJLJ,"" ,:....:.. BOO~ ' ~.~~ I :.:~ 161 7 ,I !j. 05 Section 11. "FIlA" means the Fedei~rijNfb15JBiHq 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 in- stallation 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. "Interpretatio.n." 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; and the use of the term "including" shall mean "including, without limitati.on." This Declaration shall be liberally construed in . ' ' favor of the DeveloRer. 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 recip- rocal.appurtenant easements of encroachment as between 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 dis- tance 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 boundary at such point; provided, however, that in no event shall an,easement for encroachment exist if such encroachment is caused by willful misconduct on the part of an Owner, Tenant or the Association. Section 2. Use of Easement Area. There shall be no obstruction of the Easement Area (except for landscaping) 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 3 e (~~:r>', i ,e, 'c ( j , ,I,.. t,.... .. ~ '.... BOCIK ", ",-.. r j'-, ...10... '61 7 Ih06 SEhit,UlE co. FL. 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 parking 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 Owners, but for such activity, would pay, without the prior written consent of the Association. Nothing shal~ 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, regulation, permit or other validly imposed requirement of any governmental body or of the Declaration of Covenants, Conditions and Restrictions of the "Highlands". No damage to or waste of the Easement Area or any part thereof or of the exterior of the Propertie and buildings shall be committed by any Owner or any Tenant or invitee of any Owner; and each Owner shall indemnify and hold the Association and other Owners harmless against all loss resulting from any such damage or waste caused by him or his Tenants or invitees, to the Association or otl Owners. No noxious, destructive or offensive activity shall be permittee on any Lot or in the Easement Area or any part thereof, nor shall anythir be done therein which may be or may become an annoyance or nuisance to ar other Owner or to any other person at any time lawfully residing on the Properties. Section 4. provisions Inoperative as to Initial Construction Nothing contained in this Declaration shall be interpreted or construed to prevent Developer, its transferees, or its or their contractors, or sub-contractors, from doing or performing on all or any part of the Properties owned or controlled by Developer within the Highlands, or its transferees, whatever they determine to be reasonably necessary or advisable in connection with the completion of the Work, including, without limitation: (a) erecting, constructing, and maintaining thereon such structures as may be reasonably necessary for the conduct of Developer's business of completing the Work and establishing the 4 e I'..,'.... ....e CJd;-~ ttt,;,...L -....~:,', ;; ~ I"i':" . 1.....- I 6 I 7 I 4. 0 7 SEf.:;;;CLE co. FL. Properties as a residential community and disposing of the same in parcels by sale, lease, or otherwise; or (b) conducting thereon its or their business of completing the Work and establishing the Properties or contiguous property as a residential community and disposing of the Properties in Parcels by sale, lease, or otherwise; 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. Reference herein to Developer shall mean its successors and assigns not to include purchasers of residential units. Notwithstanding anything contained herein to the contrary, Developer shall be subject to terms and conditions of the Declaration of Covenants, Conditions and Restrictio of the "Highlands". Section 5. Rule and Regulations. No Owner shall violate the rules and regulations for the use of the Lots and the Easement Area, as the same are from time to time adopted by the Association. 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 Association or the other Owners. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner shall be entitled and required to be a member of the Association and to be a member of the Highland Homeowner's Association, which is found and controlled by the Declaration of Covenants, Conditions and Restrictions referred to in Article I, Section 10. 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 5 e (ir~,n" LJ i ",C ,e I. rll.t,nl.. ,_.... ~ .--~ BGij,,\ ;':,:,:E I 6 I 7 I It 0 8 entitled to one membership for e~r~N&~tO?r~ed by him. Each such membership shall be appurtenant to the Lot upon which it is based and shall be transferred automatically by con- veyance of that Lot. No person or entity other than Owner or Developer may be a member of the Association, and a mem- bership in the Association may not be transferred except in connection with the transfer of title to a Lot; provided, however, the foregoing shall not ~e 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. Voting. The Association shall have two (2) classes of voting membership: (a) Class A. Class A members shall be all Owners with the exception of the Developer and shall be en- titled to lone (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be'exercised as they among themselves,'determine; but in no event shall more than one (1) vote be cast with respect to any Lot. There shall be no split vote. Prior to the time of any meeting at which a vote is to be taken, each co-owner shall file the name of the vot- ing member 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 four (4) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following event$, whichever occurs earlier: (i) when the total votes outstanding ~n the Class A membership equal the tota~ votes outstanding in the Class B ~embership; or (ii) on June 1, 1990; or (iii) if the Developer, at its option, desires to turn over control of the Association. 6 e i.'! :r~~~'. B ~iW',_ ....., ":', .Ojj'\ :-. ~ ,..,... I ..-.. \.~ ::. 161 7 11:09 SE;'-Wi.JLE co. Fl. RIGHTS AND OBLIGATIONS OF 'rIlE ASSOCIJI.TION ARTICLE IV Section 1. Easement Area. The Association shall be re- sponsible for the maintenance and repair of the retention areas, drainage easements, common parking area, streets, street lights and common landscaped areas located within the Properties. Such maintenance shall assure the free flow of water throughout the drainage easements and shall include but not be limited to the maintenance of the pipes which are part of the drainage sys- tern within the Properties. The City of winter springs shall have the right, but not the obligation, if required by emergency con- ditions, to, assure the functional operation of the drainage sys- tern 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 desig-. 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. Section 2. Services. The Association may obtain and pay for th~ 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 con- tracts. The Association may obtain and pay for legal and account- ing services necessary or desirable in connection with the opera- tion of the Properties or the enforcement of this Declaration. The Association may arrange with others to furnish water, trash collection, sewer service and other common' services to each Lot, if necessary. Section 3. Personal Property for Conunon Use. The Associatior from time to time may adopt, a~ter, amend and rescind reasonable rules and regulations governing the use of the Lots and of the Common Area, which rules and regulations shall be consistent with 7 e r_:,1. BOc.f\ F:~::=r."!_: ~"" .. (' 1= I J.l....__ 161 7 I 4 I 0 the rights and duties established by thist:f.~lJfret:~t~on and the Declaration of Covenants, Conditions and Restrictions of the "Highlands" and the City of Winter springs. section 5. 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 authorize capital improvements without Developer's consent during a period of three (3) years from the date of this Declaration. At all times hereafter, all 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 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 Assessments. The Developer, for each Lot owned within the Properties, and generating income to the Developer, hereby 90venants and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to ~ovenant and agree to pay to the 'Association: (1) annual assessments or charges; ,and (2) special assessments for capital improvements, such assessments to be established and co11ected as herein provided; and (3) special assessments against any particular Lot which are established pursuant to the terms of this Declaration; and; (4) all excise taxes, if any, which may be imposed on all or any portion of the foregoing by law. All such assessments, together with interest and all costs and expen- ses of collection, including reasonable attorney's fees, shall be a charge on the land and sh~ll be continuing lien upon the propert~ against which each assessment is made. Each such assessment, to- gether with interest and all costs and expenses of collection, including reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the 8 e A.. "I ~"''''',:'rc n(')-~~~"'" ".......,I'.!I\' U.JII, " e.'.GE 1617 1411 time when the assessment fell due. The pe.J;Spn,a,...l obligation for ~tl~r,ltiU;..t CO. FL. delinquent assessments shall not pass to an Owner's successors in title ~nless expressly assumed by them, however, the land shall still be subject to foreclosure for failure of a previous Owner to pay any obligation due under this Declaration. Section 2. purpose of Assessments. The assessments levied creation, health, safety and welfare of the residents in the by the Association shall be used exclusively to promote the re- properties; for the improvement and maintenance of the Easement and Common Area including construction items; for payment of all taxes assessed to the Association, if any, in respect to the Areas, or the improvements of personal property thereon~ or both; and for the Association's general activities and operations in promoting the ~ecreation, health, safety and welfare of the resi- I . dents in the Propertles. section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot by Developer to an Owner, the annual assessment shall not be in ex- cess of One Thousand Two Hundred and No/100 Dollars ($1,200.00) not including the Highlands Association fees. (a) From and after January 1 of the year immediately following the conveyance of the first Lot by Developer to an Owner, the annual assessment may be increased each year not more than five percent (5%) above the assessment for the previous 'year without vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Ldt to an Owner, the annual assessment may be increased above five percent (5%) by a vote of simple majority of each Class.,of members 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 amounts set forth herein. Section 4. Special Assessments for Capital Improvements. 9 e -~.r'tl rr,'~ . r .r;....,~, -, I;..,!I, Bry,,;'....:.. rr.:' oJ_, I M'_iL: I 6 I 7 I 4 ! 2 In addition to the annual assessments aut~~~~~dt~f~ve, the Association may levy, in any assessment year, a special assessment applicaule to that year only for the purpose of defraying, in whole"or in part, the cost of a~y construction, reconstruction, repair or replacement of a capital improve- ment upon the Easement Area, including fixtures and personal property related thereto, or the Properties, provided that any such assessment shall have the assent of a simple majority of the votes of each Class of voting members who are voting in person or by proxy at a meeting duly called for this purpose and, during the first three (3) years from the date hereof, the same shall be approved by Developer. Section 5. Notice of Meetings. Written notice of any meeting called'f9r 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 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 meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than thirty-five (35) days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both special" assessments for capital improvements, and annual assessments, shall be fixed at a uniform rate for all lots and may be col- lected on a monthly basis; provided, however, the foregoing re- quirement of uniformity shall not prevent special assessments against any particular lot which are established pursuant to the terms of this Declaration. section 7. Developer's As~essment. Notwithstanding the foregoing requirement of uniformity, or any other provision of this Declaration, or the Association's Articles of Incorporation 10 e -r"'" 'l ,,-f'H '," W ;....." '_..:J~\~,,\ no~~~ . I....'.."...,... .... J.-d_ :: 161 7 I 4 I 3 or By-Laws, to the contrary, the annual a~~essment aqainst .Jti~:JN0LE CO. FL. - any Lot in which Developer owns any interest 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 any rental income, or holds .an ihterest as mo~tgagee or con- tract seller, shall be assessed at the same amount as in hereinabove established for Lots owned by Class "A" members of the Association, prorated as of, and commencing with, the month following the execution of the rental agreement or mortgage, or the contract purchaser's entry into possession, as the case may be. section 8. Date of Commencement of Annual Assessments to the Association~ The annual 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. Commence- ment of the annual assessments shall be at time of title transfer from Developer to Class "A" owner. The annual assessments within any addition to the Properties created by annexation, as hereinafter provided, shall commence as to all Lots included within each suell annexation on the first day of the month following annexation. Annual assessments shall be collected on a monthly basis. Special assessments may be col- lected on a monthly basis in the discretion of the Board of Directors of the Association, which shall fix the amount of annual assessment against eaell Lot at least thirty (30) days in advance of each annual assessment period. The Association shall, upon demand, and for a reasonable charge, furnish to any interested party a certificate signed by an officer of the 11 e -:i" 4 L c'; ~ .", ',.' .;";I'~ ,._tl" 800:\ . ~'" ,;u4[,,_ :-{ -;.:: 1617 /414 Association setting forth whether the ass&6sm~ptp against a ~C.i';!NJLt CU. FL. specific Lot have been paid and, if not, the amount of the delinquency thereof. The due date of all assessments con- templated by this Declaration shall be the first day of each calendar month. Notwithstanding anything contained herein to the contrary, Developer shall not be requested to pay any assessments whatsoever so long as the annual assessments to Owners is not increased and Developer controls one-half or more of the votes of the Association. Annual assessments payable to the Highlands shall begin 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, together with interest and all costs and ~xpenses of collection, including reasonable attorney's fees, shall be secured by alien 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 (b) A lien for all sums unpaid on a first mortgage, or on any Mortgage to Developer, duly recorded, including all unpaid obligatory advances to be made pursuant to such Mortgage and all amounts advanced pursuant to such Mortgage and secured by the lien thereof in accordance with the terms of such instrument; 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 Mortgage and Mortgages to Developer and construction liens as more part~cularly. defined in sub- paragraphs (a) through (c) hereof, all other lienors acquiring liens on any Lot after the recordation of this Declaration in the Public Records of Seminole County, Florida, shall be deemed to consent that such liens shall be inferior to liens for assessments, as provided herein, whether or not such consent is 12 e e specifically set forth in the instruments creating such liens. The recordation of this Declaration in the Public Records of Seminole County, Florida, shall constitute constructive notice rp. 0') ?J :?' ""'I t...; r- nl CJ 0 "Tf -+='- r- (J1 to all subsequent purchasers and creditors, or either, of the existence of the lien hereby created in favor the Association and the priority thereof. 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 botll. No Owner may waive or otherwise escape liability for the assessments provided for herein. A suit to recove~ a money judgment for unpaid assessments here- under shall be maintainable without foreclosing or waiving the lien securing the same. section 11. Foreclosure. The lien for sums assessed pursuant to this Declaration may be enforced by judicial fore- closure 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 ~easonable attorney's fees.' All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be required 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 foreclosed and accounted for as of the date the Own.er's title is divested by foreclosure. The Association shall have the right and power to bid at the foreclosure or other legal sale to acquir~ the Lot foreclosed, and thereafter to hold, convey, lease, rent, encumber, use and otherwise deal with the same as the Owner the~eof for the purpose of resale only. In the event the foreclosure sale results in a deficiency, the Court ordering the same may, in its discretion, enter a 13 e e 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, en nl 0') the Owner of each Lot shall be deemed to acknowledge conclusivelY ,- n1 that the obligations evidenced by the assessments provided for n o in this Declaration are.for the improving and maintenance of any -.. -I==- homestead maintained by such Owner on such Owner's Lot. 0') Section 13. subordina tion of the Lie~l to Mor tgages . The lien of the assessments 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 fir.st mortgage, or Developer Mortgage or any proceed- ing in lieu the'reof, shall extinguish the lien of such assess- ments as to payments ~lich became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from lia- bility for assessments thereafter becoming due or from the lien thereof. The Association shall, upon written request, report to any encumbrancer of a Lot any unpaid assessments remaining un- paid 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 in- stituting foreclosure proceedings against the Loti provided, however, that such encumbrancer 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 the address to which notices pursuant to this section shall be given to tIle encumbrancer. Any encum- brancer holding a lien on a Lot may pay, but shall not be required to pay,. any amounts secured by the lien created by this Section; and, upon such payment, such encumbrancer shall be subrogated to all rights of the Association with respect to such lien, including priority. 14 e e r't(':'L r~.'''''" Borl.. ",", . ".c:..~ . u.\, ...... J r-,- r i,I::: ARTICLE VII 161 7 I 4 f 7 PARTY WALLS SEHlt/CJLE: CO. Fl. Each wall or Section 1. General Rules of Law to Apply. appurtenant as a unit which is built as part of the original construction of the buildings upon t.he 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 struc- tures 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 struc- ture shall be shared by the Ovmers who make use of the wall or structure in proportion to such use. Section 3. Destruction 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 may 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. 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. 15 e .. (,rr-"l ., "r:~' Jj"f'r,",~ 00"" ""L~,,,,, ,) l) U.\ ~; , r,;:: I "., '- '- ARTICLE VIII 16' ? I If , 8 INSURl\NCE SEMltiGLE co. fL. Each Owner shall carry Section 1. Obligation of Owners. fire and extertded 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 Associa- tion 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 Association itself maintains such insurance on such Lot as,part of a blanket or master policy insuring all or any portion lof the Properties. Such master or blanket cov- erage 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 three-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 the Properties, in the discretion of the 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 Di- rectors may provide workmen's c~mpensation insurance and fidelity bonds on its officers and employees in such amounts as is de- termined by the Board of Directors to be necessary or desirable 16 e e rrriC:!~1 ~;'(l'-f:.:'" fJDJr\ . .--"..:;.~_~ f- , \ !.~.: Section 3. I 4 I 9 Destruction and Reconstruction. sa;n;c~. 'f.ent 161 7 from time to time. 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, pro- vided 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 I . damage or destruct~on. (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 re- building and levy a special assessment against such Lot for the cost thereof. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. Th~'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 rigllt to recover all costs and expenses in- curred, including reasonable attorney's fees. In the event the Association enforces the provisions" hereof ~gainst any Owner, the costs and expenses of such enforcement, including reasonable attorney's fees, may be assessed against such Owner's Lot as a special assessment pursuant to the provisions hereof. Failure by the Association or by any Owner to enforce any covenant or re- striction herein contained shall in no event be deemed a waiver 17 e . e. of the right to do so at any time. If these restrictions are enforced by appropriate proceedings by any such Owner or Own- ers, such Owner or Owners may be reimbursed by the Association for all or any part of tIle costs and expenses incurred, in- en Section 2. Severability. Invalidation of anyone of u-, 1TI ~~ Z u r 1TI C"? ~ ~ .;::- N C) -... cluding reasonable attorney's fees, in the discretion of the Board of Directors of the Association. these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall re- main in full force and effect. Section 3. Amendmen t. The covenants and res tr ictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enfotceable by the Association, or the Owner of a?y Lot subject to tllis Declaration, their re- spective 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 automat- ically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five percent (75%) of the Lot OWners, and thereafter by an instrument signed by not less than sixty-five percent (65%) of ~I~e. Lot Owners. Any amendment must be properly recorded. Notwithstanding anything contained herein to the contrary, so long as the Developer is a member or is in control of the Association, the Developer may amend the Declaration for the purposes of curing any ambiguities or in- consistencies among or between the provisions contained in said Declaration or amendments thereto or Articles of Incorporation of Highlands Glen Association, Inc. or the By-Laws or to bring the Declaration into compli~nce with standards set out by Federal National Mortgage Corporation, Federal Home Loan Mortgage Corporation, VA or FHA, and make any reasonable amendments there- to, so long as such amendments conform to the general purposes and standards of the Declaration. Developer shall also have the absolute right to amend the Declaration for annexation or 18 e -;,~'" "r'^^',~ -, :l.n~l :',L~.:J;'\l!.; EOJ~ ~!rC I '"'~_ Section 4. FHA/VA Approval. , 6 I 7 142 , As long ~~I<j~j~~~. h.~ a Clas s deannexation purposes. B membership, the following actions may require the prior ap- proval 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: Annexa- tion 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 "subject to assessment" as such term is used in this Declaration, or in the Association's Articles of Incorporation or By-Laws, upon recording of this Declaration; and any Lot anrtex,ed 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 fran- .chisee thereof, for the purpose of installing utility facili- ties servicing the Properties then the provisions of this Declaration shall be inoperative to the extent that they con-' fIict with the. terms of such dedication. Should any of the easements for utilities lie withiq,the Lots, a right of access to said easements is granted to the entity or person owning the utility installation. 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 ac- ceptance of such dedication by the public agency having juris- diction of the same, the terms and provisions of. this Declara-' tion shall not apply to the areas so dedicated to the extent that the provisions of this Declaration are inconsistent with such dedication. Section 7. Conflict with Declaration of Covenants, Con- ditions and Restrictions of the liighlands. In the event any provision in this' Declaration is in conflict with the terms and conditions of the rules, regulations, covenants, conditions 19 e e frrJC:!.! ~;r(l;":;':f'" r~(\rf' .... ..~""')'.l.~' ~V~~ ?AGE 16' 7 1422 and restrictions existing for the Highlands HomeownersS~~~~~~FL. tion, such provision shall be null and void and the Highlands Homeowners Assocation rules, regulations, covenants, conditions and restrictions shall control. IN WITNESS WHEREOF, the Developer has caused this instru- ~~ U ~ . - \ "1' I, ;/' (J.1{ ,_ f\ A<D A ~ ~.~, C~..-'\-::J:"::.&",-~~c<- .1-- J ment to be duly executed the day a~d year firs~ab~p wrireno ~~.. \, r: . / " \ \, f \ , ^ I 1 " J' (,_ J' I I. -1;.' _, '. ~ '''-......_. l_ L "\..j l JA C. LEWIS, Developer ,# STATE OF FLORIDA COUNTY OF O~~ltJCI,..C /S,( The foregoing instrument was acknowledged before me this - day of ,~ t"G-{j'l( lli4l V , 1985, by JAMES C. LEWIS. ...... '" , '1 ./ () , . "'~ .. :) I I " E' Notary tate of A&'icA xplres: Mv Commissi6,,~ip~ Nov. 20, 19& ....lIed ThL, :rIO' fli.......,..... I... \' \. OJ f>'J. . '. \ . 0 l\ ' ~. :~,f . r .. .. ,""," .' 0' '-\I"/" &.,.A . ,.. W 1',-" \,,, ..t......... I ~,\,,, STATE OF FLORIDA COUNTY OF Of2/J./~~ The foregoing instrument was acknowledged before me this /~r day of FEI3f2U.A.r2/ ' 1985, by ROGER A. PIERCE. /. --::> /) C' j 4!~' . I -r:;~., /.; . L; (".~'/ ,~. . ~"-a/c-L ,. h<(~'~()"CC~~ '.. NOT}} Y PUBLIC ~h "{,,' .,...., ~.... r...... .. . - I n ..I' - My Commlsslon xplres: f :: 'J \ . 0 r; ~, ~ Notary Public, Slate of Florida ai ~r~ .. .- My Commissior. Expires f~ov. 11~ iG8e..{ J ''''',1 0 .' BONDED THRU HUCi;LEBERRY, SIBLEY. ( .... - ., I" ~ HARV~Y INSURANCI; & BONDS, INC '\ '. . '.,.. I ..' .''''''' 'JJ..~."~ "...... "..'4 I ~,.,," <I. ',~~... It~" 20 ~ BCJ~[iiC!~ C:~~Fn,G~ e u, ~ lJW -, . ~., . . e t..'." , -:.... " ; ,'.,';:. ~,~ 161 7 till\'{:I J rm4 II;. 2 3 Continual Maintenance SEhiNCLE CO. FL. ; I;:, f;.' 1\.~t;~:..:R In the event of a permanent dissolution of the Association, the Owners shall immediately thereupon hold title to the Common Area as tenants in common and shall collectively provide for the continued maintenance and upkeep thereof in a manner or under a procedure acceptable to the City of winter Springs. In no event shall the City of Winter Springs be obligated to accept any dedi- cation offered to it by the Association or the Owners pursuant to this section, but the City of Winter Sp.!"ings may accept such a dedication and any such acceptance must be made by formal resolu- tion of the then empowered City Commission of Winter Springs. Anything to the contrary herein notwithstanding, this section may not be amended without the written consent of the City of Winter Springs. :',"-. ....: .. .. e . . , LEGAL DESCRIPTION . . "C,_.,,, - .;L . I 0001-;. .. 161 7 SEHJ.L;CLE co. Fl. 14.2lt rrRACT B, THE HIGHLANDS SECTION TI~REE as recorded in Plat Book 17, Page 49 of the Public Records of Seminole County, Florida, being more particularly described as follows: Beginning at the Southeast of said Tract B, thence along th5 boundary thereof the following courses: Run N.82 40'26"W. for 140.95 feet; thence N.Olo34'10"\'1. for 365.14 feet; thence N.32058'10''E. for 220.51 feet; thence S.89031'52"E. for 232.81 feet to the Westerly right-of-way line of Sheoah Boulevard (80 foot right-of-way); thence along said Westerly righ t-of-way line the 'following courses: Run Southerly along the arc of a circular curve concave to the Northwest haging a radius of 830.23 feet, a central angle of 07 19'42" and a chord bearing of S.18022'19"W. for 106.19 feet to the Point of ~arigency. Thence S.22002'10"W. for 263.55 feet' to a Point of Curvature wi th a circular curve concave to the Southeast; thence Southwesterly along the arc of said curve having a radius of . 1545.74 feet and a central angle of 08036'39" for 232.31 feet to the Point of Beginning. Containing 2.898 acres, more or less.. Exhibit "A" ) "") t. _ \ 1il....oiiliiWl __:). ' ~ .~. .,.,.. ~_, .:. VI :;; ";;~' J, -f;'::u 3: fJ) "T1 -I fJ) "'::{"'~:;i~ > ~ ~ ~ ~ '<'; : fJ) ::u - 3: 0 r- ! "~ >r- OJ 0fJ) a::u 0 ~r<>' ~o mx~ -I. z >- 'e. ; ~ "1m ::u "T1 :0 ~ 3: ,.. i:lS ' , 0 'z z-l '01 0 0 o'~ 0 z mfJ) m 0 ,.. . < ::u m> m-l < ~ ,.. x > 0 0 j 0 ~ o - m z ~ z - -I o Z '~~ &' - T" ,.JR;' ~'j;, t ::~ ~, r" --::;>;"' ., ~' .51 1; ~"f "'i ;~. .._ .i.'[" " , .'. l.. .r"" ~ Q I, ." 9 g~' ~~ g'~ OQ -' -'::J ::I,... 1(1) ..."'" ,-en 1"0 "CJ ~~ . :;,' r.a ,'" ij~ ~~:"~ ~ ~ 'I ..... t,-' ~ y, jf,'::- ;., t,~: ~$;~~~~'ir g ~.:-,;u 0 (i) ~ ~ ~ [!!!i' - < 18 ! a i I , , ;tJ ~ rn en (') ~ fT\ ~ :< . ~.~- ".m ..-. _. ~ 0 ~ "0 E Ii "!B,e l~li; 1 ~ - ~-- .' ..... .~, '..' -...I ......"-.... '''' ^"'.... ~-- '_'''4..._.., .c.... . ~~-~~~ -,..,..'_.......-...~..~""_M,..'.., At "", 'i1~ \ ..... ... . ~ ~ . I ;';;,;~!';, '-",- , , N.890 / ~ I ,~ I 0 A ...... ........ :": .'. .... h:" :..... I '-1- ..-:.i ~... i .... 'llc.n....m:lS c: m~ ~ PHn;; ~ :! ,,6~-I~ !: :0 X:o -I O~OnCOt -< -IfJ)Z fJ) fJ) m-lm"m ~ OmOJO~ <' -I o(~m _ 'O~,,~:o Q z .. OJ fJ) C:COt-< .~r-!fJ)" .. 0 -I ...... ~ . ,~ ~ :0 ~ Or- m... - -1m.... -f"T1m-l-l -<:0 r-,.. x o>moO "T1;;~:z:::o ~:z:o:!s: --zzz ~~mog m OOJ :0 0-<fJ) fJ) 3:".. m "" , :IS :0 ~"T1m - ,..::0 Z -<0 o . :oCOt fJ) _~ 0> >-1 "m ' o .... ' :Eo mO ::0. j if fJ) ,0 .t. r= '.' w ..' lI1 . " " 3:~'\id ; ~rrn" i: ,>>>I~m;;;u - ~~~~ ,'::0::0)( lio>1oiIo. ~" z. ::oZ " " - ' 1;0::a m z t.,' fJ) m _ --3: .t..".~. /-1 " . -c>z Z Z c: J i....~ ' '.' '. . : -f Z 0 o 0 3: " : ::0 "'. -< _ 0 .. j i , . 0 ',"" -I m " ::a CD, ,OJ ,',\ . . "V ;i." fJ) .. ::a m .r'" "':;" 00 = ,'0 .'. .,' ::a. < c: rCl'" .....,.~ ... N N " - - 0.; 0 '" "'. 0( 0 10' . o ::a -"",;"" "~'I. . i~.. oct c: Omo m ~ r~. 1';!J~' . C" i. 10'0 a.t.l.'~'.r. -"')1 . .. .. ~~-n ..' --f- _ . :z: . ,..,; r .'1, ml '. -I m ~ . '1"':. fJ) -'. "",:- ~., ~'~': ~ -I ') OJ- ;0 ;;;S >'1 m + ..' n'w tI"'".'... ~~. ""; ~ N ~ ,r;..' ~r~l o en ~ ~ . . J'<.fi,j c: >" > '" o. 'It 0 Iii ....mfJ) fJ)_ ~_c:, >...~ On"" r;:~1I 11m'" ::0 oct , en m fJ) NO" -f.....> 0-0 -10m- >"fJ) r-m Z' . -.: r o o '.' ;0 . " , . fJ)"" om. -0 " r- z'. fJ)-n c:- ;oz <m mCOt -< 'fJ) " :IS :OfJ)> >~s: 0>" .-13:> -" . 0 -< fJ). m fJ)>z · :0 0 m- >0. c.n> -f-f om o CDoJ' m-< fJ) m 3: - Z <0 mr- m >0 o c Z :0-1 00( - z: Cl.. . '~ \ r/~ I~ ~ ~ . . . .. ~ , '. .:. . . '. .: ~, ,,':..1f~ _ ~...." .. t., ~\';:"4~;~.1~"'!~~{)..*,/i~_..'':r.." .. ~---.._-.__. .. .. ,-lI., " "'..... ,.....'. _._...:;.._.......__~ ==~:'-"'''.--t\.t 4'" .. "', ~~~~'" 0,'." H"" . ,. '-'. 1-'" i~ ~ ~~ \ ~~~ ~I~ a\o~ ~~~ ,~~ ~cl~ ~~lC w''f ONlfIII ",01 , ~ ~~ . ~ ::) lIi It ~1:: i!2 ~::i . .... ;{ .... .,..... ,. ~ ~ .~. ." ~i . ~ l;lJ ~ ~ (j~ S:~ ~ ~~. ~~ . lIj~ '~~ ~C\ ~~ ~~ tI) , ::s :t ' l ~ ~~ ,;,'?,;,;". ~.~~, ~. ,,".,"....,..',... ~..,J . ~ ~,I~~J~I;~~.:~,. ~ il ~ -, n. ,,~, ~~" 1111_ "'Ii'" " ~;~- ~,....., ""~,,..... ~~. -. ' ~ ... ". "'-1 .- '- .". ~~ ._.. .....--. '-.-.-....--.., . '.....r -'-'...---"., r' o Z o t-. ....-. :;~ z W .( '~ _ 0 u- O 0 l- x..J Vl 0( .... Vl> ~ W .( ~ ~ ~ VlW o 0:,0 o 0 w:o t- z z, 0 0( ;:1 .J :E..J 0: u. 0: W ow' :E\ 0: LL X .(Oie( Z vi .... I- Xi W 8 0 0 0.( >-' ~ o:....~QCD 0 ..J.( 0 ..JQ:E~~Vl .... .(zo:o:~.(w X .( 0 Q. .... w X Vl .... LL Vl :E ~.' I- ' zCI)zo:x i)-, o 00 w U Zl CD - 0 U .... Z 01 tiu..JZW:E 0 .... ..... ..J ::0.. CD:E W . -' u.. -< -- ,... I- 0: W X U. 0:: U U """"VlOO W Vl 0( LL..J U. Z ;: z >- 0::..J u. o~Q....w.( W U ....-wu..... o::O::uuzo 0 " WW::>W- z ",,,,,;:o::x(,)w CI)., <w........zu Vl W ~VlVl wz- .... dzU.l-.( W . 0 ,"~OOOUZ.... Z Z U IJl .( Wi - ..J ffi .( W...."" Vl .( ~..JWOz~ w 0: Wo:!::OO,( X W VlOVlUU:E"" z W . . . o. (,) ..= N rt\.# II'l saNI' .J.O'7 , .. '41) .1 ., "::~ '-;-b .:':' '.:- e! , i,t ~ t .~{ .;':-i. ".:>;~. ",;';\4- <l :~; .\ .i. ..~ , .~, f:i ~ 0'. ~~ ~ .'>> ~ 19' ~1IJ .".",';, ~ ' ..,.........-<,...,,:.1';,. ..J J! ..~. .'" . . 0 , .' ;::.;-_",':i:'~.i#.,t"" .:_ '1. ~- R' Q; :".;/1'1.;.~.'.~' '.\.0,: ':.'- .. ,.... 1" ..~"..k"!4\'l/ii:q'~::::- . "0 ". ~'---~1',,-,