HomeMy WebLinkAboutParkstone
"".",,,,,..
~\f ;,;'~ a~:~:~~~i~';~=~ tn.
Burgess N. Trank, Jr.
Centex Homes
385 Douglas Avenue, Suite 1000
Altamonte Springs, Florida 32714
,Jl
JJ"
/
~
~
'I
..
c-
J'
rl
.
w
;.,
-I
;;>
.' .~
3
~
tl
.../
]
..J-
()
. "
J
('
>
,J
,.,.
1
\J
('{
-
u.>
-J ale
Cfl 0""
'rT\ 0 0""
~ \D ~n
%
o
I
rr'
("')..-'\ <:
Cl - -oC
eN ~::
~ ", Cl~
I '-- fY1 4
o
RECEIVED
SEP 1 3 1999
CITY OF WINTER SPRINGS
BUILDING DEPARTMENT
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR PARKSTONE
SEMINOLE COUNTY, FLORIDA
r-...)
(.I.)
THIS DECLARATION is made on the date hereinafter set forth by Centex Homes, ~
a Nevada general partnership, hereinafter referred to as the "Declarant". (.I.)
WITNESSETH
WHEREAS, Declarant is the owner of certain real property in Seminole County,
Florida, described on Exhibit "A" attached hereto and incorporated herein by reference;
and
to
f.Q
f.Q
WHEREAS, Declarant desires to create an exclusive planned residential community ~
C")
known as Parkstone on the land described on Exhibit "A" and such other land as may be
added thereto pursuant to the terms and provisions of this Declaration; and
>"
r
....
:-'
..;::-
I. .~
,..01
, "II') _p
'J: :.1.l-4
..- :;.::1>-
~r:. CJ ::0
.,.--<:
'l-'
q12~
C') :';I;Z
i=J l) fT1
r~s= -:t
~'~-"-1e
~,)
..< 0 (fl
~f1Cif1
....' c.:
,"
..,\
<..0
:::0
~
n
o
;;:0
o
fT1
o
s;>o
<
,."
;;:0
"'T1
r..,
:.:0-
:3:
WHEREAS, Declarant desires to establish a not-for-profit corporation to be known c.p
as the Parkstone Community Association, Inc., to own, operate and maintain the Common
Areas herein described for the use and benefit of the Owners of Lots within the Property Ul
as herein described; se-r-;3~~ 'P~. S3 .
-
g~. J2.. Z3,
G:ILegal\A\lSIOrlandoIParkstoneI080499 prkstn deer irrig revwpd
revised 080499 6 p,m. -1-
1)6 ,18~#'f"tO Sr;tZ-( rn~..
9 IDu.:::::. (!;"'Fr-
(2.p"L ::::. ~ Pro
F ::. '20 F""
(Z. '::1 a.t!J PI'
,:r
<3 '::= 6' ~r:
(?~r'A.::a I G'
-"7__'.."""____~
ff'
.-
NOW THEREFORE, Declarant declares that the real property described on
attached Exhibit "A" shall be held, sold and conveyed subject to the restrictions, covenants
and conditions declared below, which shall be deemed to be covenants running with the
land and imposed on and intended to benefit and burden each Lot and other portions of
the Property in order to maintain within the Property a planned community of high
standards. Such covenants shall be binding on all parties having any right, title or interest
therein or any part thereof, their respective heirs, personal representatives, successors and
assigns, and shall inure to the benefit of each owner thereof.
U')
",
3:
z
o
r
m
n ::u
Section 1.1. "Articles of Incorporation" or "Articles" shall mean and refe?to<+Re ~
Articles of Incorporation for Parkstone Community Association, Inc., a FIoridarlJ...t-!- i2~
~ (;)0
profit corporation in the form attached hereto as Exhibit "B" and incorporated herei y filet)
reference.
ARTICLE 1
c.u
-.J
o
\D
we
0.."
0."
A-
n
l>
r-
DEFINITIONS
Section 1.2. "Association" shall mean and refer to Parkstone Community
Association, Inc., a Florida not-for-profit corporation established for the purposes set forth
herein.
Section 1.3. "Board" shall mean the Board of Directors of the Association, appointed
or elected in accordance with the Bylaws of the Association.
Section 1.4. "Builder" shall mean and refer to Centex Homes, a Nevada general
partnership and any other residential building company acquiring Lots from the Declarant
for the purpose of construction and sale of homes.
Section 1.5. "Bylaws" shall mean and refer to the Bylaws of the Parkstone
Community Association, Inc. in the form attached hereto as Exhibit "C" and incorporated
herein by reference.
Section 1.6. "Common Areas" or "Common Property" shall mean and refer to that
portion of the Property, if any, conveyed to the Association for the use and benefit of the
Owners, including without limitation, the property and improvements described in
Exhibit "D" attached hereto and incorporated herein by reference.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -2-
.
.
Section 1.7. "Common Maintenance Areas" shall mean and refer to the Common
Areas, if any, and drainage facilities and detention ponds and any areas within public
rights-of-way or easements that the Board of Directors of the Association deems it
necessary or appropriate to maintain for the common benefit of the members.
Section 1.8. "Declarant" shall mean and refer to Centex Homes, a Nevada general
partnership, its successors and assigns who are designated as such in writing by Declarant, W
and who consent in writing to assume the duties and obligations of the Declarant "'ihth-a
respect to the Lots acquired by such successor or assign. ~ 0
- \D
:z:
Section 1.9. "Declaration" shall mean and refer to this Declaration of Covena~,
Conditions and Restrictions for Parkstone, and any amendments, annexations ~d
supplements thereto made in accordance with its terms. P 0
...."CN
r-CN
Section 1.10. "Lot" shall mean and refer to any of the plots of land indicated upon N
the recorded subdivision map of the Property or any part thereof creating single-family
homesites, with the exception of the Common Area and areas deeded to a governmental
authority or utility, together with all improvements thereon.
we
0'"
0'"
:A-
n
1>
r-
::u
fTl
("")
-wo
'p.:;;tl
C'O
rrHr.
Section 1.11. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot, including contract sellers, but
excluding those having an interest merely as security for the performance of an obligation.
Section 1.12. "Plat" shall mean and refer to the recorded plat of Parkstone, and/ or
any other subdivision plat applicable to the Undeveloped Parcel which is later annexed
to this Declaration and made a part of the Association.
Section 1.13. "Private Street" shall mean and refer to the Common Property
identified as such on Exhibit "D", including without limitation, the paved streets, curbs,
gutters, drainage facilities, landscaping, sidewalks and other improvements, if any
constructed or installed within the platted rights-of-way of such Private Streets, if any.
Section 1.14. "Property" shall mean and refer to the real property described on the
attached Exhibit "NI, and such additions thereto as may be brought within the jurisdiction
of the Association and be made subject to this Declaration.
Section 1.15. "Supplemental Declaration" shall mean any supplement, amendment
or modification of this Declaration.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -3-
Section 1.16. II Surface Water and Stonn Water Management System" shall mean
and refer to a system of swales, inlets, culverts, retention ponds, detention ponds, lakes,
outfalls, storm drains and the like, and all connecting pipes and easements, which is
designed and constructed or implemented to control discharges which are necessitated by
rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use
or reuse water to prevent or reduce flooding, overdrainage, environmental degradation,
and water pollution or otherwise affect a quantity and quality of discharges from the
system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, Florida
Administrative Code. W
en ........,
r"10
Section 1.17. "Undeveloped Parcel" shall mean and refer to the lands describ~ in.o
Exhibit "E" attached to this Declaration, portions of which are presently unimpr~ed
parcels of land which Declarant may, but is not obligated to, develop and which, by ftffure
annexation, may be subjected to this Declaration. !;5 0
'""'~
Section 1.18. "UnW' shall mean a portion of the Properties, whether develop;d ~
undeveloped, intended for development, use and occupancy as a detached residence for
a single family, or as an attached townhome or villa home, or as an attached or detached
condominium residential unit, and shall, unless otherwise specified, include within its
meaning (by way of illustration but not limitation) single-family detached houses on
separately platted Lots, attached townhomes or villa homes, and condominium residential
units as well as vacant land intended for development as such, all as may be developed,
used, and defined as herein provided or as provided in Supplemental Declarations
covering all or part of the Property. The term shall include all portions of the Lot together
wi th all improvements thereon. In the case of a parcel of vacant land or land in which
improvements are under construction, the parcels shall be deemed to contain the numbers
of Units designated for such parcel on the Plat or site plan approved by Declarant,
whichever is more recent, until such time as a certificate of occupancy is issued on all or
a portion thereof by a local government entity having jurisdiction, after which the portion
designated in the certificate of occupancy shall constitute a separate Unit or Units as
determined above, and the number of Units in the remaining land, if any, shall continue
to be determined in accordance with this paragraph.
Section 1.19. "Architectural Control Committee" or "Ace" shall mean the
committee established by the Association according to the provisions of Article 8 of this
Declaration.
ARTICLE 2
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -4-
..
CUe
0.."
0.."
~-
('j
1>
(-
:::;J
:T1
-r"-..
~g
c;,O
r'I'JCi)
PROPERTY SUBJECT TO DECLARATION
Section 2. 1. Property Subject to this Declaration. From and after the time that
this Declaration is recorded in the Public Records of Seminole County, Florida, the
Property shall be subject to the terms and conditions of this Declaration. The Property
shall be held, sold and conveyed subject to the easements, restrictions, covenants and
conditions contained in this Declaration, which shall run with the land and be binding on
all parties having any right, title or interest in the Property or any part thereof, their heirs,
successors or assigns and shall inure to the benefit of each owner thereof.
k.....
Section 2.2. Annexation. (,..)
eft.....
fT1 0
2.2.1. Within the period beginning with the date this Declaratio~s \.0
recorded in the Public Records of Seminole County, Florida and ending either~ (a) se~
(7) years thereafter, or (b) five (5) years from the date of recording of the last record~
Supplemental Declaration annexing additional land to this Declaration, whichever eveS 0
(a) or (b), occurs later, the Declarant may, without the consent or joinder of the Owners~ c.,,)
any other person or entity, annex additional real property (including Common ProperfY) c..>
..
within the Undeveloped Parcel to the Properties. Annexations under this Subsection 2.2.1
shall be accomplished by filing a Supplemental Declaration describing the real property
to be annexed (or withdrawn pursuant to Section 2.3 of this Article 2, as the case may be),
and shall become effective when such Supplemental Declaration is filed among the Public
Records of Seminole County, Florida, unless otherwise provided therein. Declarant shall
have the unilateral right to transfer to any other person or entity the right, privilege, and
option to annex additional property which is herein reserved to Declarant, provided that
such transferee or assignee shall be the developer of at least a portion of the Properties and
that such transfer is memorialized in a written, recorded instrument executed by the
Declarant.
co c:.
0""
0""
xc=;
l>
r-
;0
rr:
(j
'''0 0
~::o
ClO
p'l(n
2.2.2. Subject to the consent of the owner thereof, the Association may annex
real property, other than property within the Undeveloped Parcel, to the provisions of this
Declaration and the jurisdiction of the Association. Such annexation shall require the
affirmative vote of two-thirds (2/3) of the votes of each class of Members of the
Association. The annexation of land under this Subsection 2.2.2 shall be accomplished by
the recordation in the Public Records of Seminole County, Florida, of a Supplemental
Declaration describing the property being annexed and signed by the President and
Secretary of the Association and by the owner of the property being annexed. Any such
annexation shall be effective upon filing unless otherwise provided therein.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -5-
(JFfICIA~ "~~.OROS
~OOK PAGE
3709
0335
SEMINOLE CO. FL
2.2.3. No provIsIOn of this Declaration shall be construed to require
Declarant or any other person or entity to annex any real property to this Declaration.
Further, the Declarant is not obligated to bring all or any part of the remaining real estate
in the Undeveloped Parcel into the Association.
2.2.4. The Declarant intends to develop the Property, the Undeveloped
Parcel and adjoining lands in accordance with applicable ordinances and regulations, and
hereby reserves the right to develop and use any or all of the Undeveloped Parcel or
adjoining lands in any manner permitted by such ordinances and regulations, and without
any obligation to the Owner of any Lot which is subject to this Declaration. The Declarant
shall not be required to follow any predetermined order of improvement and development
of the Undeveloped Parcel or adjoining lands; and it may annex additional lands within
the Undeveloped Parcel in any order, and construct improvements thereon before
completion of all improvements on the Property or any previously annexed lands.
2.2.5. Covenants and restrictions applicable to annexations to the Property
shall be compatible with, but need not be identical to, the covenants and restrictions set
forth in this Declaration.
2.2.6. In the event that either the Federal Housing Administration (the
IIFHAII) or the Department of Veterans Affairs (the IIV A") insures or guarantees any
mortgage encumbering a Lot, and the regulations or procedures of such agency require
under such circumstances approval of annexations by such agency or determination by
such agency that such annexation is consistent with the general plan of development for
the Parkstone, then such approval or determination as described in Article 16, Subsection
16.2.5 shall be a prerequisite to such annexation.
Section 2.3. Withdrawal. Within the period beginning with the date this
Declaration is recorded in the Public Records of Seminole County, Florida and ending
either (a) seven (7) years thereafter, or (b) five (5) years from the date of recording of the
last recorded Supplemental Declaration annexing additional land to this Declaration,
whichever event (a) or (b) occurs later, the Declarant may, without the consent or joinder
of the Owners or any other person or entity, when necessary or desirable to accommodate
changes in the plan of development of Parkstone, withdraw from the provisions of this
Declaration any of the Property that continues to be owned by the Declarant, and its
successors or assigns, and which has not been dedicated or designated as Common
Property. Withdrawals under this Section 2.3 shall be accomplished by filing a
Supplemental Declaration describing the real property to be withdrawn and shall become
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -6-
0fC"ICIA:.. RECORDS
Bl \ PAGE
3709 0336
SEMINOLE CO. FL
effective when such Supplemental Declaration has been recorded in the Public Records of
Seminole County, Florida, unless otherwise provided therein.
Section 2.4. Conveyance of Common Areas to the Association. When Declarant
conveys title to the first Unit within each phase of development to be conveyed to a Class
"A" Member, the Declarant shall be obligated to convey title to all of the Common Areas
located in such phase of development to the Association which shall be obligated to accept
such conveyance pursuant to Article 7.
ARTICLE 3
CREATION OF ASSOCIATION~ MEMBERSHIP~ VOTING RIGHTS
Section 3.1. Creation of Association. Upon execution of this Declaration, Declarant
shall cause the Association to be created by recording the Articles of Incorporation and
Bylaws thereof with the Secretary of State of Florida in the forms attached hereto as
Exhibits "B" and "C" , respectively, and incorporated herein by reference.
Section 3.2. Membership. Every Owner of a Unit or Lot, and every Builder
owning any Unit or Lot, by virtue of the ownership of such Unit or Lot, and the Declarant
and its successors and assigns, shall be Members of the Association, and by acceptance of
a deed or other instrument evidencing an ownership interest, each Owner, Builder and
Declarant accepts membership in the Association, acknowledges the authority of the
Association as herein stated, and agrees to abide by and be bound by the provisions of this
Declaration, the Articles of Incorporation, the Bylaws and other rules and regulations of
the Association. The term "Member" shall include each person or entity owning any right,
title or interest in any Unit or Lot, except persons or entities holding mortgages or other
security or trust interests unless such persons or entities also have the right of possession.
Tenants or others occupying any Unit who do not have an ownership interest therein shall
not be Members for the purposes of this Declaration. Membership in the Association is
appurtenant to, and may not be severed from, the Unit or Lot. The rights and obligations
of a Member may not be assigned or delegated except as provided in this Declaration, the
Articles of Incorporation or Bylaws of the Association, and shall automatically pass to the
successor-in-interest of any Owner upon conveyance of such Owner's interest in the Lot
or Unit. Members shall be responsible for compliance with the terms and conditions of
this Declaration, the Articles of Incorporation and Bylaws, and rules and regulations of the
Association by all occupants, tenants, guests, invitees and family members while residing
in or visiting any Unit, Common Area or other portion of the Property.
G:\LegaI\AVS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -7-
Jf ~IAL REC:OROS
BOll" PAGE
3709 0337
SEMINOLE CO. FL
Section 3.3. V oting Rights. Members of the Association shall be allocated votes
as follows:
3.3.1. Classes.
Class A. Class A Members shall be all Owners with the exception of the
Declarant and any Builders. Each Class "A" Member shall be entitled to one vote for each
Lot or Unit owned.
Class B. The Class B Member shall be the Declarant, or its specifically
designated (in writing) successor. The Class B Member shall be allocated three (3) votes
for each Lot or Unit owned by it within the Property which is subject to assessment by this
Association; provided, that the Class B membership shall cease and become converted to
Class A membership as setforth in Section 3.5 of this Article 3. Upon conversion to Class
A membership, the Declarant shall have one vote for each Unit or Lot owned by it within
the Property so long as said Unit or Lot is subject to assessment by this Association.
Class C. All Builders, as defined herein, except the Declarant, shall be Class
C Members. Class C Members shall have one (1) vote for each Lot or Unit they own in the
Property .
3.3.2. Joint Ownership. When any Unit or Lot is owned of record in the
name of two or more persons or entities, whether fiduciaries, joint tenants, tenants in
common, tenants in partnership, or in any other manner of joint or common ownership,
or if two or more persons or entities have the same fiduciary relationship respecting the
same property, then unless the instrument or order appointing them or creating the
tenancy otherwise directs, and a copy thereof is filed with the secretary of the Association,
such Owner shall select one official representative to qualify for voting in the Association
and shall notify in writing the Secretary of the Association of the name of such individual.
The vote allocated to any Unit or Lot (including Units or Lots owned by the Declarant or
a Builder) may not be divided or cast in any fraction, and the vote of each official
representative shall be considered to represent the will of all the Owners of that Lot or
Unit If the Owners fail to designate their official representative, then the Association may
accept the person asserting the right to vote as the voting Owner until notified to the
contrary by the other Owner(s). Upon such notification no affected Owner may vote until
the Owner(s) appoint their official representative pursuant to this paragraph.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -8-
OFFICIAL RECORDS
80"1.( PAGE
3709 0338
SEMINOLE CO. FL
Section 3.4. Change of Membership.
3.4.1. Ownership. Change of membership in the Association shall be
established by recording in the Public Records of Seminole County, Florida, a deed or
other instrument conveying record fee title to any Lot or Unit, and by the delivery to the
Association, of a copy of such recorded instrument. The Owner designated by such
instrument shall, by acceptance of such instrument, become a Member of the Association,
and the membership of the prior Owner shall be terminated. In the event that a copy of
said instrument is not delivered to the Association, said Owner shall become a Member,
but shall not be entitled to voting privileges until delivery of a copy of the conveyance
instrument to the Association. The foregoing shall not, however, limit the Association's
powers or privileges and the new Owner shall be liable for accrued and unpaid fees and
assessments attributable to the Lot or Unit acquired. Notwithstanding the foregoing, the
Declarant, or any Builder, shall have the right to notify the Association in writing of
conveyance of a Unit to an Owner without the requirement of providing a copy of the
deed, and the Association shall recognize the Owner identified in such written notice as
a Member of the Association and Owner of the Unit.
3.4.2. Interest in Association. The interest, if any, of a Member in the funds
and assets of the Association shall not be assigned, hypothecated or transferred in any
manner except as an appurtenance to the Owner's real property. Membership in the
Association by all Owners shall be compulsory and shall continue, as to each Owner, until
such time as such Owner of record transfers or conveys his interest in the real property
upon which his membership is based or until said interest is transferred or conveyed by
operation of law, at which time the membership shall automatically be conferred upon the
transferee. Membership shall be appurtenant to, run with, and shall not be separated from
the real property interest upon which membership is based.
Section 3.5. Class B Membership Status.
3.5.1. Duration. The Declarant's Class B membership status shall continue,
and shall be in effect, during the period from the inception of this Declaration until either
(1) seven (7) years from the date this Declaration is recorded; or (2) five (5) years after the
date of recording of the last Supplemental Declaration annexing additional property into
this Association, whichever event, (1) or (2) occurs later; or (3) upon recording of a
voluntary written notice executed by the Declarant or its duly authorized successor or
assignee electing to convert its Class B status to Class A; or (4) in any event, ninety (90)
days after the conveyance of the Unit to a Class A Member that causes the total number of
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -9-
OFFiCIAL REC.ORDS
BOO PAGE
3709 0339
SEMINOLE CO. FL
votes held by all Class A Members of this Association to equal the number -of votes held
by the Class B Member, whichever event, (1), (2), (3) or (4), occurs first; provided however,
that if Class B status is converted to Class A pursuant to clause (4) and, subsequent to such
event, the Declarant annexes additional property within the Undeveloped Parcel to the
Association or annexes additional Lots developed within the Undeveloped Parcel to the
Association, and such annexation causes the number of Lots or Units owned by the
Declarant within the Property, as increased by the annexation, to exceed twenty-five
percent (25%) of the total number of Lots and Units within the Property, Declarant's Class
B status shall be restored as to all Lots and Units then owned by Declarant, and shall
continue until the next occurrence of an event of conversion described above.
3.5.2. Assignment. The Declarant shall have the right to partially assign its
status as Declarant and Class B Member, by recorded instrument executed by the original
Declarant and acknowledged and accepted by the assignee Declarant, to any person or
entity acquiring any portion of the Property for the purpose of development of a
residential subdivision, and any such assignee shall thereafter be deemed to be the
Declarant as to the Lots or Units owned by such person or entity, and shall have the right
to exercise all of the rights and powers of the Declarant as to such Lots and Units, while,
at the same time, the original Declarant shall continue to exercise the rights and powers
of the Declarant as to all Lots and Units owned by such original Declarant. If any action
of the Association requires the approval, consent or vote of the Declarant, and the original
Declarant has partially assigned its rights as Declarant to others pursuant to this
paragraph, the consent or vote of all such Declarants shall be required to satisfy the
requirement of consent by the Declarant.
ARTICLE 4
FUNCTIONS OF ASSOCIATION
Section 4.1. Common Maintenance Areas. The Association, subject to the rights
of the Owners set forth in this Declaration, shall be responsible for the exclusive
management and control of the Common Maintenance Areas and all improvements
thereon (including, without limitation, furnishings and equipment related thereto and
common landscaped areas), and shall keep the Common Maintenance Areas in good,
clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and
conditions hereof and any agreement with another association or governmental agency.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -10-
o CIAL RECORDS
BOuK PAGE
3109
0340
SEMINOLE CO. Fl
Section 4.2. Personal Property and Real Property for Common Use. The
Association, through action of its Board, may acquire, hold, and dispose of tangible and
intangible personal property and real property. The Board, acting on behalf of the
Association, shall accept any real or personal property, leasehold, or other property
interests within the Property conveyed to it by the Declarant.
Section 4.3. Services. The Association shall have the following powers:
4.3.1. Maintenance of Common Maintenance Areas, Surface Water
and Storm Water Management Systems, recreation parcels, and all city, county, district or
municipal properties and rights-of-way (to the extent permitted by any governmental
authority) which are located within or in a reasonable proximity to the Properties where
deterioration of any of the described items would adversely affect the appearance of the
Properties or the operation of systems appurtenant to Parkstone.
4.3.2. Maintenance of any real property located within Parkstone
upon which the Association has accepted an easement for said maintenance.
4.3.3. Maintenance of beaches, lakes and canals owned by or
dedicated for the use of the Association within the Properties, as well as maintenance of
bodies of water if and to the extent permitted or required by any contract or by any
governmental authority having jurisdiction thereof.
4.3.4. Insect, pest and aquatic control where necessary or desirable
in the judgment of the Board to supplement the service provided by the state and local
governments. The provisions of this paragraph shall not be construed as an obligation on
the part of Association to provide such services.
4.3.5. Taking any and all actions necessary to enforce all covenants,
conditions and restrictions affecting the Properties and to perform any of the functions or
services delegated to the Association in any covenants, conditions or restrictions applicable
to the Property or in the Articles or Bylaws.
4.3.6. Conducting business of the Association, including but not
limited to administrative services such as legal, accounting and financial, and
communication services informing Members of activities, Notice of Meetings, and other
important events. The Association shall have the right to enter into management
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -11-
OFF'
BOOh
3709
\L RECORDS
PAGE
,034 I
SEMINOLE CO. FL
agreements with companies affiliated with the Declarant in order to provide its services,
and perform its functions.
4.3.7. Establishing and operating the Architectural Control
Committee, pursuant to Article 8.
4.3.8. Adopting, publishing and enforcing such Rules and
Regulations as the Board deems necessary.
4.3.9. Lighting of roads, sidewalks, walking and bike paths
throughout the Properties as deemed necessary by the Board. The provisions of this
paragraph shall not be construed as an obligation on the part of Association to provide
such services.
4.3.10. At the sole option and discretion of the Board, con-
ducting recreation, sport, craft, and cultural programs of interest to Members, their
families, tenants and guests and charging admission fees for the operation thereof.
4.3.11. Constructing improvements on Common Property
and easements as may be required to provide the services as authorized in this Article.
4.3.12. Employment of guards, maintenance of control centers
for the protection of persons and property within the Properties, installation, operation and
maintenance of communication systems by the Association or a contractual designee of the
Association, and assistance in the apprehension and prosecution of persons who violate
the laws of Seminole County or the State of Florida within the Properties. However,
neither the Association, nor the Declarant shall be obligated to provide any security
measures to the Properties nor shall they be held liable for any loss or damage by reason
of failure to provide adequate security or ineffectiveness of security measures undertaken.
All Owners, tenants, guests, and invitees of any Owner, as applicable, acknowledge that
the Association and the Declarant are not insurers and that each Owner, tenant, guest, and
invitee assumes all risk of loss or damage to persons, to Units and to the contents of Units
and further acknowledge that Declarant has made no representations or warranties, nor
has any Owner, tenant, guest, or invitee relied upon any representations or warranties,
express or implied, including any warranty of merchantability or fitness for any particular
purpose relative to any security measures recommended or undertaken.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -12-
O~~ICIAL. REGORDS
~,( PA' GC
t;.\ . ~
3709
'0342
SEMINOLE CO. FL
4.3.13. The Association shall also provide exterior landscape
maintenance for the Lots within the Association pursuant to Article 10, Section 10.3 of this
Declaration, and may perform other maintenance upon other improvements located on the
Lot that are not part of the Unit to be maintained by the Association which, in the
reasonable opinion of the Board of Directors of the Association, requires such maintenance
because said improvements are being maintained in a manner inconsistent with the overall
appearance and standards prevailing within the Association. The Association shall notify
the Owner of said improvements in writing, specifying the nature of the condition to be
corrected, and if the Owner has not corrected the condition within fifteen (15) days after
date of said notice, the Association (after approval of a majority of the Board) may correct
such condition. Said maintenance shall include but not be limited to painting, repairs,
replacement and maintenance of roofs, gutters, down spouts, exterior building surfaces,
trees, shrubs, grass, walks and other exterior improvements. For the purpose of
performing the landscape maintenance authorized by this Article, the Association, through
its duly authorized agents or employees, shall have the right, after reasonable notice to the
Owner, to enter upon any Lot at reasonable hours on any day; provided, however, the
Association shall have the right of entry without notice if necessary to correct an
emergency situation. The cost of any maintenance performed on improvements, except
those services described in Article 10, Section 10.3 of this Declaration, shall be assessed
against the Lot upon which such maintenance is performed as a Special Assessment as
provided in Article 6, Section 6.7.
4.3.14. Establish use fees and promulgate rules and
regulations respecting the use of Common Property and Association facilities by Members
and persons other than Members.
4.3.15. Engage in any activities reasonably necessary and
legally required to remove from the Common Maintenance Areas, Common Property,
Surface Water and Storm Water Management System and other open space any pollutants,
hazardous waste or toxic materials, and by Special Assessment, recover costs incurred
from the Owner(s) causing such condition or upon whose property such materials were
located or generated.
4.3.16. Accept conveyance of all Common Areas from the
Declarant, including all improvements, structures, equipment, apparatus or personal
property thereon, and cooperate with and assist Declarant, its agents, employees and
contractors in periodic inspection and maintenance thereof pursuant to Article 7.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -13-
'':"FICIA:.. REC.ORDS
~ ..I0K PAGE
3709 0343
SEMINOLE. CO. Fl
The functions and services allowed in this Section to be carried out or offered by the
Association at any particular time shall be determined by the Board taking into
consideration proceeds of assessments and the needs of the Members of the Association.
The functions and services which the Association is authorized to carry out or to provide,
may be added to or reduced at any time upon the affirmative vote of a majority of the
Board; provided, however, the Board may not vote to reduce or abrogate the Association's
responsibility to maintain Common Maintenance Areas. The Association may provide the
permitted services by contract with third parties, including agreements with applicable
governmental agencies.
Section 4.4. Conveyance to Association. The Association shall be obligated to
accept any and all conveyances to it by Declarant of fee simple title, easements or leases
to open space, parks, lakes, recreation parcels, Surface Water and Storm Water
Management Systems or Common Property as set forth in Article 7.
Section 4.5. Conveyance by Association. The Association may conveyor
dedicate lands or easements that are part of the Common Properties owned by the
Association to Seminole County, the State of Florida, or other governmental authority or
agency. The Association may also convey lands or easements that are part of the
Common Properties owned by the Association to the Declarant in connection with any
replatting of any portion of the Property.
Section 4.6. Contracts with Other Associations. The Association is authorized to
enter into any contracts or easement arrangements with other associations that may
subsequently be formed for portions of the Parkstone property that are not annexed hereto
and made subject to this Declaration provided that such contracts or easements are
necessary or beneficial for the operation of the Association or the maintenance of the
Properties; provided that the costs or expenses of operating, performing, or maintaining
such contracts or easements shall be allocated between this Association and such other
associations in accordance with the cost incurred or benefit received by each association.
Any such contracts or easements shall be approved by the vote or written consent of a
majority of the Board of the Association.
Section 4.7. Security Services and Gatehouse. In the event that Declarant
constructs a gatehouse at the entrance to the Properties, the Association shall have the
right, but not the obligation to provide a security guard and/or other gate control
measures. The Board of Directors of the Association shall determine the extent of security
services, if any, to be provided by the Association as part of its annual budgeted expenses.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -14-
OFFICIAL RECORPS
aor PAGE
3709
o 3 4 I.
SEMINOLE CO. FL
No Owner shall have any claim or cause of action whatsoever against the Association or
the Declarant for the absence of security guards or other gate control measures at the
entrance to the Properties. The Association Board of Directors shall establish all rules and
regulations concerning gate operation and access, provided that the Association shall not
restrict access to the Properties by Declarant, its agents, employees, contractors, customers
or invitees at all reasonable hours. Any security gate or gatehouse erected by the Declarant
shall be dedicated to the Association, and shall be accepted by the Association pursuant
to Article 7 and maintained, repaired and replaced by the Association as part of the
Common Maintenance Area.
ARTICLE 5
GENERAL POWERS AND DUTIES OF
BOARD OF DIRECTORS OF THE ASSOCIATION
Section 5.1. Purpose of Maintenance Fund. The Board, for the benefit of the
Owners, shall provide and shall pay for out of the maintenance fund provided for in
Article 6 above the following:
a. Taxes and assessments and other liens and encumbrances which shall
properly be assessed or charged against the Common Areas rather than against the
individual Owners, if any.
b. Care and preservation of the Common Maintenance
Area, including without limitation, the Private Streets and drainage facilities.
c. The services of a professional person or management firm to manage
the Association or any separate portion thereof to the extent deemed advisable by
the Board, (provided that any contract for management of the Association shall be
terminable by the Association, with no penalty upon no more than ninety (90) days
prior written notice to the managing party) and the services of such other personnel
as the Board shall determine to be necessary or proper for the operation of the
Association, whether such personnel are employed directly by the Board or by the
manager.
d. Legal and accounting services.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -15-
JfFI
aGOK
,L RECORDS
PAGE
3109 0345
SEMINOLE CO. FL
e. A policy or policies of insurance insuring the Association against any
liability to the public or to the Owners (and/ or invitees or tenants) incident to the
operation of the Association in any amount or amounts as determined by the Board
of Directors, including a policy or policies of insurance as provided herein in Article
15.
f. Workers compensation insurance to the extent necessary to comply
with any applicable laws.
g. Such fidelity bonds as may be required by the Bylaws or as the Board
may determine to be advisable.
h. Any other materials, supplies, insurance, furniture, labor, services,
maintenance, repairs, structural alterations, taxes or assessments (including taxes
or assessments assessed against an individual Owner) which the Board is required
to obtain or pay for pursuant to the terms of this Declaration or by law or which in
its opinion shall be necessary or proper for the enforcement of this Declaration.
Section 5.2. Powers and Duties of Board. The Board, for the benefit of the
Owners, shall have the following general powers and duties, in addition to the specific
powers and duties provided for herein and in the Bylaws of the Association:
a. To execute all declarations of ownership for tax assessment purposes
with regard to the Common Areas, if any, on behalf of all Owners.
b. To borrow funds to pay costs of operation secured by assignment or
pledge of rights against delinquent Owners if the Board sees fit.
c. To enter into contracts, maintain one or more bank accounts, and
generally to have all the power necessary or incidental to the operation and
management of the Association.
d. To protect or defend the Common Areas from loss or damage by suit
or otherwise and to provide adequate reserves for replacements.
e. To make reasonable rules and regulations for the operation of the
Common Maintenance Areas and to amend them from time to time; provided that,
any rule or regulation may be amended or repealed by an instrument in writing
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -16-
:l~ :At Rc:rOROS
'Jt. j ~ .......' .
BOOt\ PAGE
3709
0346
SEMINOLE CO. FL
signed by a majority of the Owners, or with respect to a rule applicable to less than
all of the Common Areas, by the Owners in the portions affected.
f. To make available for inspection by Owners after the end of each
fiscal year an annual report and to make all books and records of the Association
available for inspection by Owners at reasonable times and intervals.
g. To adjust the amount, collect and use any insurance proceeds to repair
damage or replace lost property, and if proceeds are insufficient to repair damage
or replace lost property, to assess the Owners in proportionate amounts to cover the
deficiency.
h. To enforce the provisions of any rules made hereunder and to enjoin
and seek damages from any Owner for violation of such provisions or rules.
i. To collect all assessments and enforce all penalties for non-payment
including the filing of liens and institution of legal proceedings.
Section 5.3. Board Powers Exclusive. The Board shall have the exclusive right to
contract for all goods, services and insurance, payment of which is to be made from the
maintenance fund and the exclusive right and obligation to perform the functions of the
Board except as otherwise provided herein.
Section 5.4. Maintenance Contracts. The Board, on behalf of the Association, shall
have full power and authority to contract with any Owner or other person or entity for the
performance by the Association of services which the Board is not otherwise required to
perform pursuant to the terms hereof, such contracts to be upon such terms and conditions
and for such consideration as the Board may deem proper, advisable and in the best
interest of the Association.
ARTICLE 6
ASSESSMENTS
Section 6.1. Creation of the Lien and Personal Obligations of Assessments.
Declarant covenants, and each Owner of any Lot or Unit shall by acceptance of a deed
therefor, regardless of whether it shall be so expressed in any such deed or other
conveyance, be deemed to covenant and agree to all the terms and provisions of this
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -17-
, JfflCIAL t~EC;ORO~
BOOK PAG...
3109 0341
SEMINOLE CO. FL
Declaration and to pay the Association: (1) Annual Assessments, (2) Landscape
Maintenance Assessments, (3) Special Assessments and (4) an Initial Working Capital
Assessment, all fixed, established and collected from time to time as hereinafter provided.
The Annual Assessments, Landscape Maintenance Assessments, Special Assessments and
Initial Working Capital Assessment, together with such interest thereon and costs of
collection provided herein shall be a charge and continuing lien as provided herein on the
real property and improvements of the Owner against whom each such assessment is
made. Each such assessment, together with such interest thereon and cost of collection,
shall also be the personal obligation of the person who is the Owner of such real property
at the time when the assessment first becomes due and payable. In the case of co-
ownership of a Unit or Lot, all of such co-owners shall be jointly and severally liable for
the entire amount of the assessment.
The liability for assessments may not be avoided by waiver of the use or enjoyment
of any Common Property or by the abandonment of the property against which the
assessment was made. No diminution or abatement of assessment or set-off shall be
claimed or allowed by reason of any alleged failure of the Association or Board to take
some action or perform some function required to be taken or performed by the
Association or Board under this Declaration or the Bylaws, or for inconvenience or
discomfort arising from the making of repairs or improvements which are the
responsibility of the Association, or from any action taken to comply with any law,
ordinance, or with any order or directive of any municipal or other governmental
authority.
Section 6.2. Purpose of Assessments. The Annual Assessments levied by the
Association may be used for the improvement, maintenance, enhancement and operation
of the Common Maintenance Area, Surface Water and Storm Water Management Systems,
Common Property and public areas located in, on or about the Property to the extent that
deterioration of the public areas would adversely affect the appearance of the Property or
the operation of systems appurtenant to the Property, and further to provide services
which the Association is authorized or required to provide by contract or otherwise,
including, but not limited to, the payment of taxes and insurance thereon, construction,
repair or replacement of improvements, payment of the costs to acquire labor, equipment,
materials, management and supervision necessary to carry out its authorized functions,
and for the payment of principal, interest and any other charges connected with loans
made to or assumed by the Association for the purpose of enabling the Association to
perform its authorized or required functions. The Landscape Maintenance Assessments
shall be used to pay for the landscape maintenance obligations of the Association. The
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -18-
, \" I (Jt ('uROS
;jfFIC I"'\i.. I' .\.'?~GE
oom<.
3109 0348
SEM\~OLt co. FL
Initial Working Capital Assessments described in Section 6.8 of this Article 6 shall be
placed in escrow as explained in Section 6.8.
Section 6.3. Duty of the Board. It shall be the duty of the Board, at least thirty (30)
days in advance of each fiscal year of the Association, to establish the annual budget and
to fix the amount of the Annual Assessment and Landscape Maintenance Assessment
against each Lot or Unit for the coming fiscal year, and to prepare a roster of the Lots and
Units and assessments applicable thereto which shall be kept in the office of the
Association and shall be open to inspection by the Owner. Failure to fix the amount of the
Annual Assessment and Landscape Maintenance Assessment within the time period set
forth above will not preclude the Board from fixing the Annual Assessment and Landscape
Maintenance Assessment at a later date. In the event the Board fails for any reason to
determine the budget for any year, then and until such time as a budget shall have been
determined as provided herein, the budget in effect for the immediately preceding year
shall continue for the current year, and the Annual Assessment and Landscape
Maintenance Assessment for the immediately preceding year shall continue for the current
year. Written notice of the Annual Assessment shall be sent to every Owner subject thereto
not later than seven (7) days after fixing the date of commencement thereof.
Section 6.4. Rate of Assessment. Annual Assessments shall be established by
dividing the total expenses of the Association by the total number of Lots or Units subject
to assessment to derive a uniform base assessment amount applicable to all Lots.
Landscape Maintenance Assessments shall be established by dividing the total Landscape
Maintenance Expenses of the Association by the total number of Lots or Units owned by
Class A Members to derive a uniform base assessment amount applicable to all Lots
owned by Class A Members adjusted as deemed appropriate to the Board on a lot-by-Iot
basis to account for material differences in the cost of maintenance of landscaping on
individual lots. Landscape Maintenance Assessments shall not apply to Units owned by
the Declarant or any Builder until such Units are occupied. Special Assessments for capital
improvements or expenses applicable to all Lots within the Properties shall be established
in the same manner; however, Special Assessments applicable to a particular Lot for
expenses attributable exclusively to such Lot shall be determined by dividing the
applicable expense by the number of Lots to which it applies. After such amounts have
been determined, the amounts due from the Class "B" and Class "C" Members shall be
adjusted according to the following provisions. Declarant will have the following option
for each assessment year:
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -19-
JfFIC'
aOOK
3109
. Rf. C.ORDS
PAGE
0349
SEMINOLE CO. FL
6.4.1. During the period in which Declarant has the status of the
Class B Member, all Lots and Units owned by Declarant, unless otherwise elected in
writing by Declarant, shall be assessed for the purposes of Annual Assessments and
Special Assessments at twenty-five percent (25%) of the rate of assessment applicable to
units owned by Class A Members, provided however, that in the event that the actual
operating expenses of the Association covered by the Annual Assessments during the year
for which the Declarant's Annual Assessment rate is 25% of the Class A Membership
Annual Assessment exceed the actual income of the Association derived from all Annual
Assessments imposed on all Members, Declarant shall reimburse the Association the
difference between its actual operating expenses (that would normally be covered by
Annual Assessments, but not those covered by Landscape Maintenance Assessments) and
its actual Annual Assessment income for such year, save and except any portion of such
deficit attributable to delinquent Annual Assessments owed by Class A Members.
Payment of such reimbursement shall be made by Declarant within 30 days after receipt
of the Association's annual statement of accounts. Notwithstanding the foregoing, the
Declarant shall have the right, but not the obligation, to reimburse the Association for
deficits attributable to delinquent Annual Assessments owed by Class A Members, and,
in that event, the Association shall promptly institute collection proceedings, including
legal action if necessary, to recover such unpaid amount(s) from such Owner(s), and, upon
receipt of such recovery, the Association shall reimburse Declarant the amount(s) so
recovered up to the amount of any operating deficit funded by Declarant which arose from
such non-payment.
6.4.2. In the alternative, Declarant may elect by written notice to
the Board to pay the full Class A rate of Annual Assessment for each Unit owned by
Declarant within the Association and subject to Annual Assessments for any assessment
year without thereby waiving its Class B status or its right to elect to pay Annual
Assessments pursuant to Subsection 6.4.1 for any ensuing assessment years, and, in such
event, shall not be liable for the operating deficit of the Association as provided in
Subsection 6.4.1.
6.4.3. At such time as Class B status shall cease, all Lots and Units
owned by Declarant shall be assessed for Annual Assessments at the full Class A rate and
Declarant shall have no obligation to fund any operating deficit of the Association
thereafter. Landscape Maintenance Assessments shall not apply to Units owned by the
Declarant or any Builder until such Units are occupied.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -20-
f IC1AL REGORDS
BOOK PAGE
3709 0350
SEMINOLE. CO. Fl
Section 6.5. Builder Assessments. Lots or Units owned by Class C Members shall
be assessed for Annual Assessments at twenty-five percent (25%) of the Annual
Assessment rate fixed for Class A Units during the period of Class B membership. Upon
conversion of Class B membership to Class A, Class C shall also be converted to Class A,
and full Annual Assessments shall apply. Landscape Maintenance Assessments shall not
apply to Units owned by the Declarant or any Builder until such Units are occupied.
Section 6.6. Initial Maximum Annual Assessment: Increases in Maximum
Assessment: and Annual Assessment Rates.
6.6.1. Initial Maximum Annual Assessment and Maximum Landscape
Maintenance Assessment. Until January 1 of the year immediately following the
conveyance of the first Unit by the Declarant or a Builder to a Class A Member, the
maximum Annual Assessment per Unit imposed by the Association shall be $632.00, and
the maximum Landscape Maintenance Assessment shall be $1,200.00.
6.6.2. Increases in Maximum Annual Assessment and Landscape
Maintenance Assessment - Without Consent of the Members. From and after such date,
the maximum Annual Assessment and Landscape Maintenance Assessment may be
increased each year by the Board without a vote of the Membership of the Association by
an amount not more than either (a) ten percent (10%) above the sum of (1) the maximum
Annual Assessment or Landscape Maintenance Assessment for the previous year, plus (2)
increases mandated by governmental agencies and/ or increased fixed costs incurred for
insurance, taxes, recycling, waste disposal, or to obtain services from utility companies,
plus (3) increases in the cost of providing the landscape maintenance services herein
described, or (b) the percentage increase, if any, in the current U.S. Government's
Consumer Price Index (Urban Price Index - All Urban Consumers), herein referred to as
the "CPI", over the CPI published for the preceding period, or other statistical index
providing similar information if the CPI ceases to be published, whichever amount, (a) or
(b), is greater.
6.6.3. Increases in Maximum Annual Assessment and Landscape
Maintenance Assessment - Requiring Consent of the Members. The maximum Annual
Assessment and Landscape Maintenance Assessment may not be increased above the
amount described in Subsection 6.6.2 above without the approval of a simple majority of
each class of Members who are either voting in person or by proxy, at a meeting of the
Association duly called for this purpose, or whose approval is evidenced by the written
consent of the majority of such Members.
G:\LegaIIAVS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -21-
(l::F/CIAL RECORDS
)K PAGE
3709 -035 I
SEMINOLE" CO. FL
6.6.4. Establishing the Annual Assessment and Landscape Maintenance
Assessment. The Board of Directors of the Association shall set the Annual Assessment
and Landscape Maintenance Assessment for each fiscal year at an amount not in excess of
the maximum allowable Annual Assessment and Landscape Maintenance Assessment then
in effect as established pursuant to Subsections 6.6.1, 6.6.2 or 6.6.3 above. If the Board sets
the Annual Assessment or Landscape Maintenance Assessment at an amount which is less
than the allowable maximum Annual Assessment or maximum Landscape Maintenance
Assessment, the Board shall have the right to increase the Annual Assessment or the
Landscape Maintenance Assessment to any amount not greater than the allowable
maximum then in effect without the consent of the Members upon thirty (30) days written
notice. The election of the Board to set the Annual Assessment or Landscape Maintenance
Assessment at an amount less than the maximum shall not affect the calculation of the
maximum Annual Assessment or maximum Landscape Maintenance Assessment for
ensuing years pursuant to this Section 6.6.
Section 6.7. Special Assessments. In addition to the Annual Assessments and
Landscape Maintenance Assessments authorized herein, the Association may levy in any
fiscal year a Special Assessment applicable to that fiscal year only for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Property, including fixtures and
personal property related thereto; provided, such assessment shall have the affirmative
vote or written consent, or combination thereof, at least a simple majority of the votes of
each class of Members as evidenced by the result of a vote taken by the Association. The
obligation to pay Special Assessments shall be computed on the same basis as for Annual
Assessments. Special Assessments shall be payable in such manner and at such times as
determined by the Board, and may be payable in installments extending beyond the fiscal
year in which the Special Assessment is approved, if the Board so determines.
The Association (by simple majority vote of the Board) may also levy a Special
Assessment against any Member to reimburse the Association for costs incurred pursuant
to Article 4, Section 4.3.13 and 4.3.15, in bringing a Member and his Unit or Lot into
compliance with the provisions of the Declaration, any amendments thereto, the Articles,
the Bylaws, and the Association rules and regulations, or for the recovery of expenses
incurred pursuant to Section 6.14 of this Article 6, which Special Assessment may be levied
upon the vote of the Board after notice to the Member and an opportunity for a hearing.
Section 6.8. Initial Working Capital Assessment. There is hereby established an
assessment, herein referred to as the "Initial Working Capital Assessment", applicable to
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -22-
OFfk..~~ REC:OHOS
aD OK PAGE
3109
0352
SEMINOLE CO. FL
each Lot or Unit owned by a Class A Member (except the Declarant if the Declarant shall
become a Class A Member) in the amount of $350.00 per Lot or Unit which shall become
due and payable by the Class A Owner of each Lot or Unit upon first occupancy of such
Lot or Unit as a place of residence by a Class A Member. For purposes of clarity, the Initial
Working Capital Assessment is a one-time assessment due at the closing at which the Lot
is conveyed to a Class A Member for the purpose of construction of a residential dwelling
by the Class A Member or any Builder, or at which the completed Unit is conveyed to a
Class A Member for use as a residence, whether occupied or not. No further Initial
Working Capital Assessment shall be due for any subsequent transfer of ownership of any
Unit from one Class A Member to a successor Class A Member. As long as the Declarant
retains its Class B membership status, all Initial Working Capital Assessments collected for
closings occurring during Declarant's Class B membership status shall be deposited in a
separate escrow account (herein referred to as the "Initial Working Capital Escrow
Account") and shall remain in such account, and shall not be used by the Association until
the Declarant's Class B membership is converted to Class A. After Class B membership
has ceased, the Association shall have the right to use the funds in the Initial Working
Capital Escrow Account in any manner consistent with the provisions of this Declaration,
its Articles of Incorporation and Bylaws, and shall have the right to close the Initial
Working Capital Escrow Account and deposit all future Initial Working Capital
Assessments in its general operating accounts.
Section 6.9. Notice and Quorum Requirements. Written notice of any proposed
action to be taken pursuant to Subsection 6.6.3 or Section 6.7 shall be delivered to each
Member at least 30 days in advance of (1) any meeting at which such matter is to be
discussed or (2) any action which is to be taken by written approval of the Members in
lieu of a meeting. The notice shall state the purpose of the meeting or proposed written
approval and shall contain a written description of the of the proposed assessment. The
notice shall also contain a copy of a proxy that can be cast in lieu of attendance at the
meeting. If the Association has, or is planned to have, 250 Members or less - the quorum
for any such meeting shall be no less than 20% of the total number of votes. If the
Association has, or is planned to have, more than 250 Members but less than 1000
Members - the quorum for any such meeting shall be no less than 10% of the total number
of votes. If the Association has, or is planned to have, more than 1000 Members - the
quorum for any such meeting shall be no less than 5% of the total number of votes. The
foregoing requirements are minimum requirements, however, more stringent
requirements imposed elsewhere in this Declaration, or pursuant to applicable laws or
regulations shall supersede the requirements contained in this Section and the Association
shall be bound by such more restrictive requirements as if fully reproduced herein.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -23-
.
DFFICIAL RECORDS
aOOK PAGE
3709
0353
SEHINOLE co. FL
Section 6.10. Date of Commencement of Annual Assessments; Due Dates. Tl:;1e
Annual Assessments and Landscape Maintenance Assessments provided for herein shall
commence as to each Lot or Unit on the first day of the month next following the month
in which the Lot or Unit is subjected to the terms and conditions of this Declaration by
recordation of this Declaration or any Supplemental Declaration annexing Lots or Units
into the Association, or on the date the Association Articles of Incorporation are filed with
the Secretary of State of Florida, whichever occurs later. The dates when such Annual
Assessments shall become due shall be established by duly adopted resolution of the
Board. The Annual Assessment and Landscape Maintenance Assessments shall be adjusted
according to the number of days remaining in the fiscal year at the time assessments
commence on the Unit The Association may delegate to a mortgage company, financial
institution or management company responsibility for collection of assessments with the
express written consent and agreement of such financial institution or management
company. The Annual Assessments and Landscape Maintenance Assessments shall be
payable in advance in monthly installments, or in annual, semi-annual or quarter-annual
installments if so determined by the Board of Directors of the Association (absent which
determination they shall be payable monthly).
Section 6.11. Records of Payment. The Board shall prepare a roster of Owners and
Annual Assessments, Landscape Maintenance Assessments and Special Assessments
applicable thereto which shall be kept in the office of the Association and shall be open
to inspection by any Owner at reasonable times with reasonable notice. Any Owner shall
have the right to request the Association to issue a written statement signed by an officer
of the Association, setting forth whether all Annual Assessments and/ or Landscape
Maintenance Assessments Special Assessments owed by such Owner have been paid. The
Association shall have the right to impose a fee for the issuance of such statements not to
exceed $50.00 per statement. Requests for such statements shall be in writing addressed
to the address to which Annual Assessment payments are made. Each request shall
contain the street address and legal description (by platted lot and block) of the property
and the full name of the Owner. The Association shall issue the requested statement
within 30 days after receipt of the written request, subject to the payment of any fee for
such service imposed by the Association. Such written statement issued by the
Association shall be prima facie evidence of payment of any assessment therein stated to
have been paid.
Section 6.12. Effect of Non-Payment of Assessment: The Personal Obligation of
the Owner; The Lien: Remedies of Association.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -24-
OFF .A'.... RECORDS
aOOK PAGE
31 0 9 0 3 st.
SEMINOLE CO. FL
6.12.1. If any assessment (e.g. any Annual Assessment, Landscape
Maintenance Assessment, Special Assessment or Initial Working Capital Assessment) is
not paid on the date due, then such assessment shall become delinquent and the entire
assessment shall, together with interest thereon and cost of collection thereof as hereinafter
provided, become due and payable and be a continuing lien on the property which shall
bind such property in the hands of the then Owner, the Owner's heirs, devisees, personal
representatives and assigns. The obligation of the Owner to pay such assessment is a
personal obligation and any assessments that are due but remain unpaid at the time the
Owner disposes of his or her ownership interest shall be enforceable by the Association
against such person or against such person's successor in interest to the property subject
to the assessment unless such successor in interest is a bona fide purchaser for value without
notice of the assessment, or acquires title to the property by foreclosure of a lien securing
a purchase money mortgage or home equity mortgage, or by deed or conveyance in lieu
of foreclosure of such lien.
6.12.2. The Association may record a notice of lien for delinquent
assessments in the public records and foreclose the lien in the same manner as a mortgage.
The lien shall not be valid against subsequent bona fide purchasers or mortgagees for value
unless so recorded. Upon recording, the lien shall secure the amount of delinquency stated
therein and all unpaid assessments due thereafter until satisfied of record, together with
interest thereon, as provided herein, and the reasonable cost of (a) notices of delinquency,
(b) demands for payment, (c) notices of liens, (d) assignment of liens, (e) releases of liens,
(f) recording costs, (g) attorney's fees, and (h) management company fees.
6.12.3. If the assessment is not paid within thirty (30) days after the
due date it shall be deemed delinquent and shall bear interest from the date of
delinquency at the rate of eighteen percent (18 %) per annum. The Association may bring
an action at law against the Owner personally obligated to pay the same for collection of
the amounts due, or an action to foreclose the lien against the property. Suit to recover a
money judgment for delinquent amounts owed to the Association and attorney's fees and
costs shall be maintainable without foreclosing or waiving the lien securing the same. In
the event that the Association turns the account over to an attorney for collection, there
shall be added to the amount due the reasonable fees and charges of such attorney,
including, but not limited to, charges for issuing notice of legal action or demands for
payment, negotiation and preparation of settlement agreements and/ or releases, costs of
preparation of legal action, court costs, filing fees and all other expenses incurred by the
Association for enforcement of its lien and/ or collection of amounts owed.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -25-
QFFIC\t~:'" RECORD~
BOOK PAG~
3109 0355
SEMINOLE CO. FL
6.12.4. In the event that the Association elects to foreclose its lien
against any Unit, the Association, acting on behalf of the Owners, shall have the power
to bid for the Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey
the same. During the period in which a Unit is owned by the Association following
foreclosure: (a) no rightto vote shall be exercised on its behalf; (b) no assessment shall be
assessed or levied on it; and (c) each other Unit shall be charged, in addition to its usual
assessment, its pro rata share of the assessment that would have been charged such Unit
had it not been acquired by the Association as a result of foreclosure.
Section 6.13. Subordination of the Lien to Mortgages; Mortgagees' Rights. The
lien of the assessments provided for herein is subordinate to the lien of any purchase
money or home equity Mortgage given to an Institutional Lender now or hereafter placed
upon a Unit or Lot recorded prior to the recording of a notice of lien pursuant to Section
6.12 of this Article 6; provided, however, that such subordination shall apply only to the
assessments which have become due and payable prior to a sale or transfer of such
property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure.
Such sale or transfer shall not relieve such property from liability for any assessments
thereafter becoming due, nor from the lien of any such subsequent assessment.
Each Owner hereby authorizes and instructs the Association that an Institutional
Lender holding a secured mortgage lien on a Unit, upon delivery of written request from
the Institutional Lender to the Association, shall be entitled to written notification from the
Association of any default of an Owner of any obligation hereunder which is not cured
within sixty (60) days. The Association may provide such notice without receiving a
request from the Institutional Lender without further notice to the Unit Owner. An
Institutional Lender holding a mortgage on a Unit may pay any past due assessment or
other obligation of the Unit Owner to the Association on behalf of such Owner, and, upon
request from the Institutional Lender, the Association shall assign its lien rights herein
established to such Institutional Lender.
An Institutional Lender may pay taxes or other charges which are in default and
which mayor have become a charge against any Common Property and may pay overdue
premiums on hazard insurance policies, or secure new hazard insurance coverage on the
lapse of a policy for such Common Property and Institutional Lenders making such
payments shall be owed immediate reimbursement therefor from the Association.
Section 6.14. Damage to Common Property by Owners. Any maintenance, repairs
or replacements within the Common Property arising out of or caused by the willful or
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -26-
or :IA!... RECORDS
aour; PAGE
3709
0356
SEMINOLE co. FL
negligent act of the Owner, his family, guests or invitees shall be done at said Owner1s
expense or a Special Assessment therefore shall be made against his Lot or Unit.
Section 6.15. Exempt Property. The following property subject to this Declaration
shall be exempted from all assessments, charges and liens created herein: (a) all -
easements, rights-of-way or other interest dedicated and accepted by the local public
authority and devoted to public use; and (b) all Common Property.
Section 6.16. Irrigation System Fees. Neither the Declarant nor the Association
shall have any obligation to install a common master irrigation system to serve the
Property, and nothing in this Section 6.16 or elsewhere in this Declaration shall create an
obligation for the Declarant or the Association to install such a common master irrigation
sytem, however, the Declarant and the Association desire to reserve the right to install
such a master irrigation system, and to collect fees for the use of such a system by the
Members. Therefore, in the event that either the Declarant or the Association installs the
Irrigation System described in Article 7, Section 7.11 hereof, the Association shall have the
right to charge a fee for Irrigation Water (hereinafter defined) used by the Owners, which
fee shall be in addition to , and separate from the Annual and Special Assessments
described in this Article 6. Such fee shall be established by the Board of Directors of the
Association, and shall be sufficient to cover the cost to the Association of acquiring the
Irrigation Water, plus the cost of operation and maintenance of the Irrigation System, plus
a reasonable reserve for repair or replacement of the transmission lines, pipes, valves,
pumps, controls, meters and other distribution and delivery apparatus, equipment or
fixtures that supply Irrigation Water to the Property, plus a minimum monthly reservation
or access fee applicable to those Owners who elect not to utilize the Irrigation System. The
Board shall have the right to set or adjust the Irrigation System Fees on a month-to-month
basis provided that no adjustment in the fee shall be effective until 30 days after written
notice thereof has been delivered to Owners of Lots or Units. The Association shall have
the right to enter into agreements with the other persons or entities owning adjacent lands
to supply Irrigation Water to the adjacent lands owned by such persons or entities, in
which case, payment of the Irrigation System Fees shall be made by such users in amounts
not less than the Irrigation System Fees charged by the Association to its Members.
Irrigation System Fees may be assessed at a flat rate without consideration of usage or they
may be allocated among the Owners in proportion to their actual usage, and the
Association shall have the right to employ methods of determining the allocation of such
fees in a fair and equitable manner, including, without limitation, installation of meters,
timers, or other control devices, or allocation on the basis of area coverage. The
Association shall bear its own share of the Irrigation System Fees attributable to its usage
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -27-
UFflCIA
. BOOK
'C"OCOe.
."\I._~' 1\ ...,
PAGE
3109 0351
SEMiNOLE. CO. FL
for irrigation of Common Properties or Common Maintenance Areas, and shall pay its fair
share of such fees from its operating funds. Irrigation System Fees may be averaged
throughout the calendar year to ameliorate changes in the fee attributable to weather
patterns or landscape needs. The Association shall send statements to the Owners or users
responsible for payment of the Irrigation System Fees at such intervals as may be
established by the Board, provided that statements shall not be sent more often than
monthly, or less often than annually. Payment shall be due within 30 days after receipt of
such statements. The Association shall have the right to impose late payment fees and
interest charges on payments that are more than 30 days past due, which fees and charges
shall be established by the Board and disclosed to the Owners and users responsible for
payment. All amounts due hereunder shall be secured by the right of the Association to
impose a lien against the property of an Owner whose payment is delinquent as set forth
in this Article 6.
ARTICLE 7
TITLE TO COMMON AREAS: ACCEPTANCE AND MAINTENANCE OF
COMMON PROPERTIES
Section 7.1. Construction and Ownership of Common Property Improvements.
It is anticipated that Declarant will designate certain portions of the Property to be
Common Property or Common Area (collectively referred to in this Article 7 as the
"Common Properties") that will be improved or developed in phases in association with
the development and annexation of the additional property. Subject to the requirements
of the City of Winter Springs, as more fully described in Article 17, Declarant shall have
the absolute right and power to determine what improvements or facilities, if any, it will
install or construct on the Common Properties at all times prior to conveying such
Common Properties to the Association, and within two (2) years thereafter. In accordance
with its agreement with the City of Winter Springs, Declarant will construct the
improvements to the park area described on page 6 of 30 of the approved engineering
plans at the time it obtains its one-hundredth building permit for homes constructed
within the Properties, provided however, that the Declarant shall have the right, without
the consent or joinder of the Association or any Owner, to modify or amend its agreement
with the City of Winter Springs concerning the timing of construction of the park and the
improvements to be installed as more fully described in Article 17. All lands designated
by the Declarant as Common Properties shall be conveyed to, and title shall be held by, the
Association, together with all improvements or facilities constructed or installed thereon.
Apart from the park, other Common Property improvements may be subject to agreements
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -28-
OffiCIAL R
BOOK
ROS
) -
PAGt.
3109 0358
(_. .
. SEH\HOLE. co. Fl
between the Declarant and the City of Winter Springs, however; Declarant reserves the
right to amend or modify such agreements, subject to the consent of the City, and such
amendments or modifications may impact the obligation of the Declarant concerning
Common Property improvements. Further provisions affecting the obligations of the
Declarant are found in Article 17, Section 17.2. Except as required in compliance with its
agreements with the City of Winter Springs, which agreements may be amended from time
to time by mutual agreement of the City of Winter Springs and Declarant without the
consent or joinder of the Association or any Owner, Declarant does not represent that it
will construct any improvements to Common Properties.
Section 7.2. Acceptance of Common Properties. Within thirty (30) days after
receipt of written notice from the Declarant informing the Association that Declarant has
completed construction or installation of improvements upon any portion of Common
Properties, the President of the Association, or in the absence of the President, any Vice
President of the Association, together with a duly authorized representative of the
Declarant, shall conduct a thorough inspection of the improvements or facilities, and shall
report in writing any incomplete or defective conditions. The Association shall have the
right to engage the service of a professional engineer, or other qualified inspector, to assist
with the inspection and preparation of the written report. Upon completion or correction
of any incomplete or defective conditions by Declarant, and re-inspection and approval
by the President (or Vice President, as the case may be), or, in the event that the Declarant
and the representative of the Association disagree about the completion or correction of
allegedly incomplete or defective conditions, upon written certification of completion by
a licensed engineer or architect engaged by the Declarant, Declarant shall convey all of its
right, title and interest in and to the Common Properties in question, including the
improvements or facilities, to the Association free and clear of all liens, claims or expenses
arising from the construction or installation of improvements on the Common Properties
by Declarant, and the Association shall accept and acknowledge the deed of conveyance,
and/ or the certificate of completion, and shall thereafter own all right, title and interest in
the Common Properties and improvements or facilities then conveyed.
Section 7.3. Maintenance of the Common Properties. The Association shall own,
operate and maintain all Common Properties and the improvements or facilities
constructed or installed thereon in first class condition, subject to normal wear and tear,
depreciation, and the elements. Maintenance of the Common Properties shall include
periodic inspection and preventive maintenance for the improvements and facilities
thereon.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -29-
UFF
BOOK
t'\l RECORDS
PAGE
3109 '0359
SEMiNOLE CO. FL
Section 7.4. Inspections of the Common Properties by Declarant. Declarant
hereby reserves the right, at all times after conveyance of the Common Properties to the
Association, to enter the Common Properties, without prior notice, and to inspect the
condition of the improvements and facilities thereon. If Declarant determines, in its sole
judgement, that the improvements or facilities are in need of repair or maintenance, it may
so notify the Association in writing, and it shall be the sole obligation of the Association
owning such Common Properties to promptly complete such repairs or maintenance.
Failure of the Association to properly maintain and repair the Common Properties shall
relieve the Declarant of any liability to the Association or to any Member for any condition
of the Common Properties. Declarant shall have the right to make a record of its
inspections by photographing and/ or videotaping the Common Properties, and shall have
the right to perform tests or examinations to determine the condition of the Common
Properties, provided that Declarant shall indemnify the Association from any claims for
personal injury, death, property damage or non-payment asserted by persons claiming by,
through or under the Declarant for injury, death or damage occurring as a result of such
examinations or tests. Notwithstanding the foregoing, Declarant shall have no obligation
to perform inspections of the Common Properties owned by the Association. The deeds
conveying the Common Properties to the Association may contain a recitation of this
reservation, however failure to recite such reservation in such deeds shall not affect the
rights of Declarant herein reserved.
Section 7.5. Maintenance and Repair Records. The Association shall keep records
of maintenance and repairs performed on the Common Properties, and such records shall
be made available to the Declarant and to any Member upon written request. Failure of
the Association to maintain appropriate records of maintenance and repairs shall be
conclusive evidence that such maintenance and repairs were not performed.
Section 7.6. Operation. Maintenance and Monitoring of Drainage Facilities. The
Association shall maintain, as part of the common elements, drainage structures for the
properties and comply with conditions of the permits from the St. Johns River Water
Management District ("SJRWMD") and the City of Winter Springs for the drainage system.
The Association, shall, when requested by Declarant, accept transfer of the SJRWMD
permit identified as Number 4-117-0482A-ERP for the Parkstone property and shall be
designated as the "permittee" thereof. The conditions of the permits include monitoring
and record keeping schedules, and maintenance. The drainage facilities and
improvements, including without limitation, the retention/ detention ponds, underground
pipes, inlets and outfall structures, if any, shall be collectively referred to herein as the
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig revwpd
revised 080499 6 p.m. -30-
JfFICIA~_ RECORDS
BOOK PAGE:
3709
0360
SEMINOLE CO. fl
"Surface Water and Storm Water Management System". The following additional
conditions shall apply:
a. The Association shall hold and save the SJRWMD and the City of Winter
Springs harmless from any and all damages, claims, or liabilities which may arise
by reason of the operation, maintenance or use of any facility authorized by the
permit.
b. The Association shall at all times properly operate and maintain the systems
of treatment and control ( and related appurtenances) that are installed or used to
achieve compliance with conditions of the permit, as required by the SJRWMD or
the City of Winter Springs. This provision includes the operation of backup or
auxiliary facilities or similar systems when necessary to achieve compliance with
the conditions of the permit and when required by SJRWMD or the City of Winter
Springs rules.
c. The Association, specifically agrees to allow authorized SJRWMD or the City
of Winter Springs personnel, upon presentation of credentials or other documents
as may be required by law, access to the Common Maintenance Area premises, at
all reasonable times, where the permitted activity is located or conducted; for the
purposes of inspection and testing to determine compliance with the permit and
SJRWMD or the City of Winter Springs regulations, such as:
1. Having access to and copying any records that must be kept under the
conditions of the permit; and
2. Inspecting the facility, equipment, practices, or operations regulated
or required under the permit; and
3. Sampling or monitoring any substances or parameters at any location
reasonably necessary to assure compliance with the permit or SJRWMD
rules; and
4. Gathering of data and information.
Reasonable time may depend on the nature of the concern being investigated.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -31-
:JFF\C\A~- t,._~:OR~~
BOOI', PA t
3109 036\
SEM\t\OLt. co. f~
d. Establishment and survival of littoral areas provided for storll1 "Yater quality
trea tment in wet detention systems shall .beassured by proper and continuing
maintenance procedures designed to promote viable wetlands plant growth of
natural diversity and character. Following as-built approval, perpetual
maintenance shall be provided for the permitted system.
e. The Association shall submit inspection reports in the form required by
SJRMWD or the City of Winter Springs, in accordance with the following schedule
unless specified otherwise here or in permit application:
1. For systems utilizing effluent filtration or exfiltration, the inspection
shall be performed eighteen (18) months after operation is authorized and
every eighteen (18) months thereafter.
2. For systems utilizing retention and wet detention, the inspections shall
be performed two (2) years after operation is authorized and every two (2)
years thereafter.
f. It shall be the responsibility of each Lot Owner within the subdivision at the
time of construction of a building, residence, or structure, to comply with the
construction plans for the surface water management system pursuant to Chapter
40D-4, F.A.C., approved and on file with the SJRWMD and the City of Winter
Springs.
g. It is the Lot Owner's responsibility not the remove native vegetation
(including cattails) that become established within the wet detention ponds abutting
their property. Removal includes dredging, the application of herbicide, and
cutting. Lot Owners should address any question regarding authorized
activities within any wet detention pond to SJRWMD, Surface Water Permitting
Department or the City of Winter Springs.
h. No Owner of a Lot within the subdivision may construct or maintain any
building, residence, or structure, or undertake or perform any activity in the
wetlands, buffer areas, and upland conservation areas described in the approved
permit and recorded Plat of the subdivision, unless prior approval is received from
the SJRWMD or the City of Winter Springs pursuant to Chapter 40D-4, F.A.C.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig revwpd
revised 080499 6 p.m. -32-
UF, .vIAL RECORDS
8001'\ PAGE
:3709
0362
,SEMINOLE CO. FL
Section 7.7. Effect of Dissolution. In the event of the termination, dissolution or
final liquidation of the Association, the responsibility for the operation and maintenance
of the Surface Water and Storm Water Management System must be transferred to and
accepted by an entity which would comply with Section 40C-42.027, Florida
Administrative Code, and be approved by the SJRWMD or the City of Winter Springs
prior to such termination, dissolution or liquidation.
Section 7.8. Special Amendments Relating to Surface Water and Storm Water
Management System. Any amendment to this Declaration which alters the Surface Water
and Storm Water Management System, beyond maintenance in its original condition,
including the water management portions of the Common Properties, must have the prior
written approval of the SJRWMD and the City of Winter Springs. This section may not
be amended without the consent of such District.
Section 7.9. Shared Facilities. It is expected that certain portions of the Surface
Water and Storm Water Management System will serve the drainage needs of adjacent
lands not owned by Declarant and not within the Properties subject to this Declaration.
Declarant reserves the right to grant such drainage and/ or use easements and rights as
Declarant may deem necessary or appropriate for accomplishing the drainage needs of the
Properties and/ or lands owned by others provided that such agreements shall not
unreasonably interfere with the use of the system by the Owners or unreasonably increase
the cost of maintenance of the system by the Association, and provided further, that such
uses are approved by the SJRWMD and/ or the City of Winter Springs if such approvals
are necessary.
Section 7.10. Water Levels in Retention Ponds: Flooding. The Surface Water and
Storm Water Management System is designed to provide drainage for the Properties.
Neither the Association nor the Declarant shall have any liability whatsoever to any Owner
for claims or damages alleged by an Owner due to water levels in the lakes and/ or
retention ponds, if any, being below normal or otherwise unacceptable to the Owner.
Recreational use and aesthetic appearance of the retention ponds is secondary to their
intended drainage function, and during periods of prolonged drought or other unusual
weather events water levels in the retention ponds may recede, and neither the Association
nor the Declarant shall have any liability for such conditions. Provided that the Surface
Water and Storm Water Management System is constructed in substantial compliance with
the plans and specifications therefor approved by the appropriate governmental
authorities, neither the Declarant, nor the Association nor any governmental authority
shall be liable to the Association or any Owner for damage caused by flooding, and each
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -33-
OfFICIAL;
BOOK
~.OROS
PAGE
3109 0363
SEMINOLE CO. Fl
Owner acknowledges and agrees that as long as the Declarant and the Ass,ociation have
acted in good faith in reliance on reasonable engineering criteria approved by the
governmental authorities in the design and construction of the Surface Water and Storm
Water Management System, they shall not be liable for damages sustained by any Owner
caused by weather events not taken into consideration in the design or construction of such
system and facilities.
Section 7.11. Common Irrigation System. Neither the Declarant nor the
Association shall have any obligation to install a common master irrigation system to serve
the Property, and nothing in this Section 7.11 or elsewhere in this Declaration shall create
an obligation for the Declarant or the Association to install such a common master
irrigation sytem, however, the Declarant and the Association desire to reserve the right to
install such a master irrigation system, and to collect fees for the use of such a system by
the Members. Therefore, the Declarant or the Association shall have the right, but not the
obligation, to construct, install, operate and maintain a master irrigation system (herein
referred to as the "Irrigation System") for the delivery of Irrigation Water to the Property,
together with the right to modify, extend or improve the transmission lines, pipes, valves,
pumps, controls, meters and other distribution and delivery apparatus, equipment or
fixtures that supply Irrigation Water to the Property. If installed by Declarant, the
Irrigation System shall be subject to the provisions of this Article 7 regarding conveyance
of Common Property to the Association including the provisions concerning operation,
maintenance, repair and inspection.
7.11.1. The Irrigation System, if installed, shall include all
transmission lines, pipes, valves, pumps, controls, meters and other distribution and
delivery apparatus, equipment or fixtures that supply Irrigation Water located on the
Common Property or within an easement or right-of-way from the point of connection of
the Irrigation System with the source of supply through the points of delivery of Irrigation
Water to its users.
7.11.2. If the Irrigation System is installed, the Owners shall be
exclusively responsible for installing and maintaining any irrigation systems on their Lots
from the point of attachment to the Irrigation System. If meters are installed, the point of
attachment to the Irrigation System shall be on the Owner's side of the meter. If meters are
not installed, the point of attachment to the Irrigation System shall be on the Owner's side
of a shut-off valve attaching the Owner's irrigation system to the Irrigation System. The
Association shall be responsible for leaks or malfunctions occurring within the Irrigation
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig revwpd
revised 080499 6 p.m. -34-
Rr- r )<:'
Uff \,CIAL c-v G~
800K ?A ...
3109 036l~
SEMINOLE:. CO. FL
System, and each Owner shall be responsible for leaks or malfunctions- occurring on the
Owner's side of the point of attachment to the Irrigation System.
7.11.3. If the Irrigation System is installed, the Declarant or the
Association shall have the right to determine the locations and services to be supplied by
the Irrigation System, and all Owners of Lots that are supplied with a point of attachment
to the Irrigation System shall be obligated to pay the Irrigation Fees established by the
Board in accordance with Article 6, whether such Owner elects to use Irrigation Water or
not Owners who elect not to use Irrigation Water shall be obligated to pay the reservation
or access fee, maintenance, operation and reserve cost portions of the Irrigation System
Fees.
7.11.4. If the Irrigation System is installed, neither the Association,
nor any Owner shall install or operate any irrigation system, apparatus or device that does
not receive Irrigation Water from the Irrigation System. If the Irrigation System is
installed, water may not be drawn from any lake or retention pond for irrigation purposes
unless approved by the ACC, and approved by the City of Winter Springs and any other
Governmental Authority having jurisdiction of such matters as evidenced by the issuance
of a permit or other form of written authorization. Even if the City or other Governmental
Authority issues its approval of such use, the ACC may refuse to allow an Owner to install
or use pumps, lines or irrigation systems that draw water from lakes or other bodies of
water. If the Irrigation System is installed, no water wells shall be permitted on any Lot,
Unit or Common Property, except those wells belonging to the governmental authorities,
if any, and wells installed by the Declarant or its predecessors in title, or by the
Association, which are for the purpose of providing a source of Irrigation Water for the
Irrigation System. If the Association provides irrigation services through an Irrigation
System, no Owner may connect any irrigation system on the Owner's property to any
source except the Irrigation System unless approved by the ACe.
7.11.5. If the Irrigation System is installed, the Association shall have the
right to establish rules and regulations governing the usage of Irrigation Water, including
without limitation, restrictions on the amounts, times and frequency of use.
7.11.6. If the Irrigation System is installed, the Association shall
have the right to employ such personnel, machinery, equipment and vehicles as the Board
of Directors shall deem appropriate for the operation and maintenance of the Irrigation
System, and/or to enter into agreements with contractors for the provision of such
serVIces.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -35-
JfF ICIA~_
BOOK
.C:OROS
PAGE
3109 0365
SEHIHOLt co. Fl
7.11.7. If the Irrigation System is installed, the Association shall
have the right to enter into or assume the obligation of Declarant under any agreements
authorized by approval of the Board of Directors with suppliers of Irrigation Water. Water
introduced into the Irrigation System shall be referred to as II Irrigation Waterll, and may
be obtained from wells existing on the Property or installed by Declarant or the
Association or from sources such as so-called lire-use water II or "gray waterll suppliers, and
is intended strictly for irrigation use, and not for human consumption, drinking or bathing.
Section 7.12. Condemnation. In the event of condemnation or a sale in lieu thereof
of all or any portion of the Common Areas, the funds payable with respect thereto shall
be payable to the Association and shall be used by the Association to purchase additional
Common Areas to replace that which has been condemned or to take whatever steps it
deems reasonably necessary to repair or correct any damage suffered as a result of the
condemnation. In the event that the Board of Directors of the Association determines that
the funds cannot be used in such a manner due to the lack of available land for additional
Common Areas or for whatever reason, any remaining funds may be distributed to the
Owners on a pro rata basis.
ARTICLE 8
ARCHITECTURAL REVIEW
Section 8.1. Architectural Control Committee. A committee to be known as the
Architectural Control Committee (the IIACCII) shall be established consisting of three (3)
persons who need not be members of the Association.
a. The committee members of the ACC shall be appointed, terminated
and/ or replaced by the Declarant so long as there is Class B membership.
Thereafter the committee members of the ACC shall be appointed, terminated
and/ or replaced by the Board of Directors. The persons appointed to the ACC are
Greg LePera
Mike Kane
Dan Kaiser
b. The purpose of the ACC is to enforce the architectural standards of the
community and to approve or disapprove plans for improvements proposed for the
Lots.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -36-
LlfFI(" ~ ~ REC:ORDS
aOOK PAGE
3109 0366
SEMINOLE CO. FL
c. The ACC shall act by simple majority vote, and shall have the
authority to delegate its duties or to retain the services of a professional engineer,
architect, designer, inspector or other person to assist in the performance of its
duties.
Section 8.2. Scope of Review. No building, fence, wall, outbuilding, landscaping,
pool, athletic facility or other structure or improvement shall be erected, altered, added
onto or repaired upon any portion of the Property without the prior written consent of the
ACC, provided however, that improvements erected, altered, added onto or repaired by
Declarant shall be exempt from the provisions of this Article 8.
Section 8.3. Submission of Plans. Prior to the initiation of construction upon any
Lot, the Owner thereof shall first submit to the ACC a complete set of plans and
specifications for the proposed improvements, including site plans, grading plans,
landscape plans, floor plans depicting room sizes and layouts, exterior elevations,
specifications of materials and exterior colors, and any other information deemed
necessary by the ACC for the performance of its function. In addition, the Owner shall
submit the identity of the individual or company intended to perform the work and
projected commencement and completion dates.
Section 8.4. Plan Review. Upon receipt by the ACC of all of the information
required by this Article 8, it shall have twenty-one (21) days in which to review said plans.
The proposed improvements will be approved if, in the sole opinion of the ACC: (1) the
improvements will be of an architectural style and material that are compatible with the
other structures in the Property; (2) the improvements will not violate any restrictive
covenant or encroach upon any easement or cross platted building set back lines; (3) the
improvements will not result in the reduction in property value, use or enjoyment of any
of the Property; (4) the individual or company intended to perform the work is acceptable
to the ACC in the exercise of its reasonable discretion, provided however, that the right of
the ACC to consent to the individual or company selected to perform the work shall not
be used to require any Owner to retain the Declarant or its employees, agents, contractors
or affiliated companies or any Builder, nor shall such consent be deemed approval or
endorsement of the quality of work or performance of the company or individual
performing such work; and (5) the improvements will be substantially completed,
including all cleanup, within three (3) months of the date of commencement [6 months for
the construction of a complete house]. In the event that the ACC fails to issue its written
approval within twenty-one (21) days of its receipt of the last of the materials or
documents required to complete the Owner's submission, the ACe's approval shall be
deemed to have been granted without further action.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -37-
lJfF,CIA~.
BOOK
3109
,... ROC
.....0 .'"
PAGE
0361
<;.EMIHOLf. co. Fl
Section 8.5. Non-conforming Structures. If mere slla11 be a material deviation
from the approved plans in the completed improvements, such improvements shall be in
violation of this Article 8 to the same extent as if erected without prior approval of the
ACe. The ACC, the Association or any Owner may maintain an action at law or in equity
for the removal or correction of the non-conforming structure and, if successful, shall
recover from the Owner in violation all costs, expenses and fees incurred in the
prosecution thereof. The ACC shall have the right to grant a waiver or variance excusing
the Owner of minor immaterial deviations from approved plans upon written request from
the Owner accompanied by a complete set of plans or drawings depicting the deviation
in sufficient detail to enable the ACC to determine its materiality. The ACC shall have 90
days after receipt of such a request for waiver or variance in which to inspect the structure
or improvement and render its opinion. If the ACC refuses to grant the requested waiver
or variance in writing within the 90-day period it will be deemed rejected. An Owner
whose request for a variance or waiver has been rejected, or deemed rejected, by the ACC
shall have 30 days after receipt of notice of rejection from the ACC (expiration of the 90-
day review period without approval, whichever shall apply) in which to either (1) correct
the violation, or (2) petition the Board of Directors in writing for reconsideration. Any
such petition for reconsideration shall be accompanied by complete copies of all approved
plans and plans or drawings of the deviation as submitted to the ACe. The Board of
Directors shall have 90 days after receipt of such a petition for reconsideration in which
to overrule or affirm the decision of the ACe. If the Board of Directors refuses to overrule
the ACC or fails to issue a written resolution overruling the ACC within the 90-day period,
the Owner's petition shall be deemed rejected, and the Owner shall correct the violation
within 30 days thereafter. Notwithstanding the foregoing, neither the ACC nor the Board
of Directors has the right, power or authority to approve conditions that violate the
ordinances, codes or regulations of the City of Winter Springs or other Governmental
Authority.
Section 8.6. Immunity of ACC Members. No individual committee member of the
ACC shall have any personal liability to any Owner or any other person for the acts or
omissions of the ACC if such acts or omissions were committed in good faith and without
malice. The Association shall defend any action brought against the ACC or any
committee member thereof arising from acts or omissions of the ACC committed in good
faith and without malice.
Section 8.7. Address for Notice. Requests for ACC approval or correspondence
with the ACC shall be addressed to the Parkstone Architectural Control Committee and
mailed or delivered to the principal office of Centex Homes at 385 Douglas Avenue, Suite
2000, Altamonte Springs, Florida, 32714, or such other address as may be designated from
time to time by the ACe. No correspondence or request for approval shall be deemed to
have been received until actually received by the ACC in form satisfactory to the ACe.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -38-
OF F Il
BOOK
3709
· REi:OROc
.- . _\. . ....,
PAGE
0368
SEMINOLE CO. FL
ARTICLE 9
EASEMENTS
Section 9.1. Utility Easements. As long as Class B membership shall be in effect,
the Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the
benefit of Declarant or its designees, upon, across, over, through and under any portion
of the Common Area for ingress, egress, installation, replacement, repair, maintenance, use
and operation of all utility and service lines and service systems, public and private,
including, without limitation, cable television. Declarant, for itself and its designees,
reserves the right to retain title to any and all pipes, lines, cables or other improvements
installed on or in such easements. Upon cessation of Class B membership, the Association
shall have the right to grant the easements described herein.
Section 9.2. Declarant's Easement to Correct Drainage. Declarant hereby reserves
for the benefit of Declarant and any Builder a blanket easement on, over and under the
ground within the Property to maintain and correct drainage of surface waters and other
erosion controls in order to maintain reasonable standards of health, safety and appearance
and shall be entitled to remove trees or vegetation, without liability for replacement or
damages, as may be necessary to provide adequate drainage for any Lot Notwithstanding
the foregoing, nothing herein shall be interpreted to impose any duty upon Declarant or
any Builder to correct or maintain any drainage improvements within the Property.
Correction of drainage or erosion or removal of trees or vegetation by Declarant shall
be subject to compliance with the permitting and approval requirements of the City of
Winter Springs, if any.
Section 9.3. THIS SECTION HAS BEEN INTENTIONALLY OMITTED.
Section 9.4. Right of Entry. The Association shall have the right, but not the
obligation, to enter any Unit for emergency, security, and safety, which right may be
exercised by the Neighborhood Board, officers, agents, employees, managers, and all
policemen, firemen, ambulance personnel, and similar emergency personnel in the
performance of their respective duties. Except in an emergency situation, entry shall only
be during reasonable hours and after notice to the Owner. This right of entry shall include
the right of the Association to enter a Unit to cure any condition which may increase the
possibility of a fire or other hazard in the event an Owner fails or refuses to cure the
condition upon request by the Neighborhood Board.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -39-
OFF
800/\
III p.........,)rJO~
"\ __ I \ t. ~.l r\ o"J
PAGE
3109 0369
SEMINOLE CO. Ft
Section 9.5. Drainage Easements. Easements for installation and maintenance of
utilities, storm water retention/ detention ponds, and/ or conservation areas are reserved
as may be shown on any recorded Plat. Within these easement areas, no structure,
landscaping or other material shall be placed or permitted to remain which may damage
or interfere with the installation and maintenance of utilities, or which may hinder or
change the direction of flow of drainage channels or slopes in the easements. The easement
area of each Lot and all improvements contained therein shall be maintained continuously
by the Owner of the Lot, except for those improvements for which a public authority,
utility company or the Association is responsible.
Section 9.6. Temporary Completion Easement. All Lots shall be subject to an
easement of ingress and egress for the benefit of the Declarant, its employees,
subcontractors, successors and assigns, over and upon the front, side and rear yards of the
Lots as may be expedient or necessary for the construction, servicing and completion of
dwellings and landscaping upon adjacent Lots, provided that such easement shall
terminate 24 months after the date such Lot is conveyed to the Owner by the Declarant.
Declarant shall repair and restore any damage to the Lot or Unit or other improvements
on the Lot caused by its use of the Lot for ingress and egress during completion of
construction of improvements on adjacent Lots.
Section 9.7. Community WalL Fence. Signage and Landscape Easement. An
easement is hereby created for the use and benefit of the Association and the Declarant for
the erection and maintenance of a wall or fence, and the installation of landscaping and
the erection of signs over, across and upon the area described in Exhibit "F" attached hereto
and incorporated herein by reference (herein referred to as the "Fence/Landscape
Easement"). The Declarant and/ or the Association shall have the right to install, erect,
construct, operate and maintain within such Fence/Landscape Easement, a fence or wall,
sidewalks, paths, landscaping, irrigation systems, signs, lighting and other improvements,
subject to the requirements and limitations of ordinances or regulations of the
governmental authorities. All improvements permanently installed in such
Fence/Landscape Easement by Declarant or the Association shall be and remain the
property of the Association, and the Association shall operate and maintain all such
permanent improvements as part of the Common Maintenance Property of the Association
as a common expense. No Owner shall unreasonably inhibit access by the Association or
the Declarant for inspection or maintenance of the wall, fence or other improvements in
the Fence/Landscape Easement, and no Owner shall erect or install any permanent
improvement within the Fence/Landscape Easement without the prior written consent
of the Declarant as long as the Declarant retains Class "B" membership status, or by the
Association thereafter, and such approval shall not be unreasonably withheld provided
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -40-
flFFIC/AL RECOHDS
}OK PAGE
3709 0370
SEMINOLE CO. FL
that the proposed improvements are approved by the Architectural Control Committee,
and do not materially affect the use of the easement by the Association or Declarant': In
those areas where the Fence/Landscape Easement described herein affects easements for
utilities or drainage, this Fence/Landscape Easement, and the rights of the Declarant,
Association and Owners, as herein described, shall be subordinate to the easements for
utilities or drainage, and nothing set forth in this Section 9.7 shall limit or affect the rights
of the beneficiaries of easements for utilities or drainage, nor shall the Association, the
Declarant or any Owner, by virtue of this Section, have any right to erect any
improvement, temporary or permanent, within the Fence/Landscape Easement in
violation of the rights of the beneficiaries of utility or drainage easements. All
improvements installed in the Fence/Landscape Easement that are designed, constructed
and intended to remain indefinitely are deemed to be permanent improvements for the
purposes of this Fence/Landscape Easement. Declarant's marketing signs and
paraphernalia intended to remain only as long as Declarant continues to market new
homes in the Properties, are not deemed to be permanent improvements, and shall be
erected, maintained and removed by Declarant at its sole expense, and shall not be or
become the property of the Association.
Section 9.8. Service Easements. Declarant hereby grants to delivery,
pickup and fire protection services, police and other authorities of the law, United States
mail carriers, representatives of electrical, telephone, cable television and other utilities
servicing the Property, and to such other persons as Declarant from time to time may
designate, the nonexclusive right of ingress and egress over and across the Common
Property for the purposes of performing their services and investigations.
ARTICLE 10
USE AND OCCUPANCY
Section 10.1. Single Family Residential Use Only. All Lots and dwellings shall be
used and occupied for single family residence purposes only. No Lot or dwelling may be
used for commercial, institutional or other non-residential purpose if such use involves the
attendance or entry of non-residents upon the Lot or otherwise diminishes the residential
character of the Lot or neighborhood. This prohibition shall not apply to "garage sales"
conduded with the prior written consent of the Board of Diredors of the Association
provided that no Owner shall conduct more than one (1) garage sale of no more than two
(2) days duration during any six (6) month period or, the use of any Unit by Declarant or
any Builder as a model home or sales office, or the use of any Lot as a site for a
construction office trailer or sales office trailer by Declarant or any Builder. The living area
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -41-
OFFICIAL RECORDS
aOOK PA GE
3709 0371
SEMINOLE' CO. fl
of each Unit, exclusive of garages, porches, patios and other areas not designed for human
habitation, shall be 1200 square feet or larger measured to the outside of the exterior walls.
Notwithstanding the foregoing, Owners are advised that garage sales are regulated by
ordinances of the City of Winter Springs, valid permits for garage sales must be obtained,
and the approval of the Board of Directors does not authorize any Owner to hold a garage
sale without first obtaining a valid permit Likewise, no Owner holding a valid permit for
a garage sale issued by the City shall conduct such garage sale without also obtaining the
written consent of the Board of Directors as herein required. The Association will not be
liable to any Owner or to the City of Winter Springs for failure of an Owner to obtain the
proper permit before holding a garage sale.
Section 10.2. Rental of Units: Leases: Time Share. All rentals of Units by Owners
shall be documented by written leases, and a copy of each such lease shall be delivered by
the Owner to the Secretary of the Association shoWing, among other things, the address
of the Unit, the name(s) of the tenants, the date of commencement, and the term. No Unit
may be rented for a term of less than 30 days. No Unit may be used as a rooming house,
hostel or hotel. Time share ownership or occupancy of less than 30 consecutive days
duration are prohibited. No more than three (3) leases may be executed for any Unit
during any twelve (12) month period based on the date of commencement of the lease.
Rentals of less than 30 days duration or operation of a rooming house, hostel or hotel shall
be deemed to be commercial uses for the purposes of enforcement of this Declaration, and
are prohibited. No more than three (3) time share occupancies shall occur during any
twelve (12) month period, and each such occupancy shall be for a period of 30 days or
more, based on the first date of such occupancy. Written notice of time share ownership
shall be delivered to the Secretary of the Association prior to occupancy stating the address
of the Unit, the names of the time share owners and the schedule of occupancy.
Section 10.3. Common Maintenance. The Property has been established as a
community in which the Association provides certain exterior maintenance services for the
residents as part of its normal function in order to create a life-style for the Owners
providing freedom from the burden of such maintenance responsibilities. The expense of
such maintenance services is included in the Landscape Maintenance Assessments of the
Association. The responsibility for maintenance of the Units is described as follows.
10.3.1. Owners' Obligations. Each Owner shall be exclusively
responsible for performance of all maintenance obligations for their Unit that is not
specifically assumed by the Association pursuant to this Declaration, including, without
limitation, repair and replacement of all interior elements of the Unit, including but not
limited to the roof, paint, all garage doors, entry/exit doors, window screens, all glass
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -42-
[JF~ICIAL REGORDS
8 i'~ PAGE
3709
0372
SEMINOLE CO. FL
surfaces and windows, all swimming pools, pool equipment and machinery, swimming
pool screen enclosures, swimming pool decks, all planters and landscaping incorporated
into swimming pool decks or enclosures, or affixed to the Unit or any patio or extension
of the Unit, patios, walkways and driveways, outbuildings or other improvements that
are not specifically described in this Section 10.3.
10.3.2. Alterations. Owners shall not make any alterations or
additions to any Unit or Common Area, including any changes or alterations of
landscaping, ground cOVer or grass, without first obtaining the written consent of the ACC
pursuant to Article 8. Alterations or additions to Units that would affect the expense of
the maintenance. obligation of the Association may be rejected for that reason alone,
without consideration of the aesthetics or benefits of the proposed alteration or addition.
10.3.3. Duty to Report. Owners shall promptly report to the
Association, any condition of the landscaping of any Unit in need of maintenance or repair.
10.3.4. Liability for Actions. Each Owner shall be liable for the
expense incurred by the Association for any maintenance, repair or replacement of any real
or personal property made necessary by the act, neglect or carelessness of the Owner or
the Owner's tenants or any member of their families, or their guests, employees or agents
(normal wear and tear excepted) but only to the extent that such expense is not met by the
proceeds of insurance carried by the Association. Each Owner shall also be liable for any
personal injuries caused by his negligent acts or those of his tenants or any member of their
families, or their guests, employees or agents. Nothing herein contained, however, shall
be construed so as to modify any waiver by insurance companies of rights of subrogation.
10.3.5. Responsibilities of the Association. The Association shall be
responsible for the performance of the following services for the maintenance of the
landscaping of the Units as part of its Landscaping Maintenance Assessments:
(a) Applicable Areas. The Association shall perform the following
services only within the areas of the Lots that are between the street bordering the front
of the Lot and a line from each outside comer of the Unit on the Lot to the side boundaries
of the Lot, provided however, that for comer Lots, the Association shall also provide such
services for the area of the comer Lot between the street bordering the side of the Lot and
the Unit constructed on the Lot except areas made inaccessible by fences or other approved
im provements. Each Owner shall be responsible for maintaining the lawn and
landscaping located in areas of the Lot not maintained by the Association.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -43-
~\r...t:IClA' ....t:"....OF nt:
'..J I . ~ r,,_~. {... v
SOOK PAGE
3709 0373
SEMINOLE CO. fL
(b) Lawn Care. Mowing, trimming, edging of lawns, including
application of fertilizers, pesticides, herbicides, fungicides and other agents within areas
accessible to lawn care crews, and excluding planters, flower pots, rock gardens, or other
landscaping or plantings enclosed within pool enclosures or integrated into the Unit or any
patio or attachment to a Unit;
(c) Landscape Maintenance. Pruning, trimming, weeding, of trees,
shrubs and flower beds installed by the Association or the Declarant or Builder of the Unit
in accordance with landscape plans and specifications approved by the ACC, including
the application of pesticides, herbicides, fungicides and other agents.
10.3.6. Scheduling and Control. The Association shall have the
exclusive right to control the timing of the performance of the services described herein,
incl uding the hours of the day and days of the week on which such services will be
performed, as well as the schedule of irrigation and application of fertilizers, pesticides,
herbicides, fungicides and other agents. No Owner shall interfere with the performance
of the services by the Association or its contractors, agents or employees, or alter the
schedule of irrigation established by the Association.
10.3.7. Indemnification. The Association covenants and agrees that
it will indemnify and save harmless Declarant, all Builders and the members of the Board
from and against any and all claims, suits, actions, damages, and/ or causes of action
arising from any personal injury, loss of life, and/ or damage to property sustained in or
about any Unit within the Property, and from and against all costs, legal fees, expenses
and liabilities incurred in and about any such claim, the investigation thereof or the
defense of any action or proceeding brought thereon, and from and against any orders,
judgments and/ or decrees which may be entered therein. Included in the foregoing
provisions of indemnification are any expenses that Declarant may incur in bringing suit
for the purpose of compelling the specific enforcement of the provisions, conditions and
covenants contained in this Neighborhood Declaration to be kept and performed by the
Association.
10.3.8. Exculpation of Declarant and Builders. Neither the
Declarant nor any Builder shall have any obligation whatsoever for the performance of
any service described in this Declaration, or for the failure or refusal of the Association to
perform such services.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -44-
~ICIAL RECORDS
BuOK PAGE
3 7 0 9 (J 3 7 f~
SEMINOLE CO. Fl
10.3.9. Events of Force Majeure. Notwithstanding anything herein
to the contrary, neither the Association, nor its officers or directors, nor Declarant shall be
liable for any damages suffered by any Owner resulting from acts of God, natural disaster,
bad weather or other events or conditions beyond the control of the Association, including
but not limited to, damage or destruction of landscaping (including trees, shrubs and other
plants), or damage caused by wind blown debris. In the event of loss or damage to
landscaping on any Lot, the Owner of said Lot shall be exclusively responsible for
payment of all costs of restoration or replacement, and shall cause such damage to be
completely repaired within six (6) months after the event. If any Owner shall fail to repair
such damage within such time period, the Association shall have the right, but not the
obligation, to perform such restoration, repair or replacement, and the cost thereof shall
be assessed against the Lot as a Special Assessment. By acceptance of the deed to the Lot,
each Owner, for and on behalf of himself/herself and any insurer, hereby waives all rights
of subrogation against the Association, its officers and directors, and Declarant, for
recovery of costs expended by any such insurer for the restoration, repair or replacement
of damage to, or caused by, any landscaping (including trees, shrubs and other plant) or
wind blown debris.
ARTICLE 11
PROPERTY RIGHTS
Section 11.1. Owners' Easements of Enjoyment. Every Owner shall have a right
and easement in and to the Common Areas and a right and easement of ingress and egress
to, from and through said Common Areas, and such easement shall be appurtenant to and
shall pass with the title to every Lot, subject to the following provisions:
a. The right of the Association to establish and publish rules and
regulations governing the use of the Common Areas affecting the welfare of
Association members.
b. The right of the Association to suspend the right of use of the
Common Areas of an Owner for any period during which any assessment against
his Lot remains unpaid; and for a period not to exceed sixty (60) days for any
infraction of its published rules and regulations, provided however, that such right
to suspend the use of Common Property shall not include the right to suspend or
interfere with the use of the private streets owned by the Association for normal
ingress and egress to the Owner's Unit.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -45-
dUOK
PAGE~-.
37v9 fJ375
SEMiNOLE CO. FL
c. The right of the Association, subject to the provIsIOns hereof, to
dedicate or transfer all or any part of the Common Areas, if any, to any public
agency, authority or utility for such purposes and subject to such conditions as may
be agreed to by the Owners. No such dedication or transfer shall be effective unless
an instrument signed by Owners entitled to cast two-thirds (2/3) of the votes of
each class of membership has been recorded agreeing to such dedication or transfer.
d. All easements herein described are easements appurtenant to and
running with the land; they shall at all times inure to the benefit of and be binding
upon the undersigned, all of their grantees, and their respective heirs, successors,
personal representatives and assigns, perpetually and in full force.
Section 11.2. Effect of Declaration. Reference in any deed, mortgage, trust deed
or any other recorded documents to the easements, restrictions and covenants herein
described or to this Declaration shall be sufficient to create and reserve such easements and
covenants to the respective grantees, mortgagees, or trustees of said parcels as fully and
completely as if those easements, restrictions and covenants were fully related and set
forth in their entirety in said documents.
Section 11.3. Rezoning Prohibited. No Lot shall be rezoned to any classification
allowing commercial, institutional or other non-residential use without the express consent
of the Association and Declarant, which may be withheld in Declarant's sole discretion.
Declarant or the Association may enforce this covenant by obtaining an injunction against
any unapproved rezoning at the expense of the enjoined party. Notwithstanding the
foregoing, Owners are advised that the authority to rezone land is a governmental function
of the City of Winter Springs, and the Association has no power to rezone land. This
provision is contractual in nature, and all Owners agree that they will not apply for
rezoning by the City without the express written consent of the Declarant and the
Association.
ARTICLE 12
USE RESTRICTIONS
Section 12.1. Nuisances. No noxious or offensive activity shall be carried on upon
any Lot, nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -46-
ut j illAL ~tC.U!\U~
aor PAGE
3709
{)376
SEMINOLE CO. fL
Section 12.2. Development Activity. Notwithstanding any other provision herein,
Declarant and its successors and assigns, including Builders, shall be entitled to conduct
on the Property all activities normally associated with and convenient to the development
of the Property and the construction and sale of dwelling units on the Property.
Section 12.3. Temporary Structures. No structure of a temporary character,
including, without limiting the generality thereof, any trailer, tent, shack, garage, barn,
motor home or mobile home or other outbuilding, and no prefabricated or relocated
structure shall be used on any Lot at any time as a residence, either temporarily or
permanently. This restriction shall not be interpreted to limit the right of Declarant or any
Builder to use trailers or outbuildings as sales offices, construction offices or material
storage facilities.
Section 12.4. Signs. No sign or emblem of any kind may be kept or placed upon
any Lot or mounted, painted or attached to any Unit, fence or other improvement upon
such Lot so as to be visible from public view or mounted on any vehicle or trailer parked
or driven in the Property or carried by any person or by any other means displayed within
the Property except the following. In addition to the following restrictions, the City of
Winter Springs may impose additional requirements for permits, content, size or duration
of display of signs that may otherwise satisfy the requirements of this Declaration, and
nothing in this Declaration shall relieve the Declarant or any Owner from the obligation
to comply with applicable laws and ordinances.
a. Address Signs. An Owner may display an address sign or marker in
the form and style first installed by the Declarant or Builder of the
Unit, or in such other form or style approved by the ACC pursuant to
Article 8.
b. For Sale Signs. An Owner may erect one (1) sign not exceeding 2' x
3' in area, fastened only to a stake in the ground and extending not
more than three (3) feet above the surface of the ground advertising
the property for sale.
c. Declarant's Signs. Signs may be erected by the Declarant or any
Builder.
d. Political Signs. Political signs may be erected upon a Lot by the
Owner of such Lot advocating the election of one or more political
candidates or the sponsorship of a political party, issue or proposal
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -47-
. "
cr~ S
. OFFICIA'.- R.....Lp .t
aOO\<. ~\.J...
3109 0311
" SEM\NOlt. co. Fh
provided that such signs shall not be erected more than ninety (90)
days in advance of the election to which they' pertain and are
removed within fifteen (15) days after the election. See Article 17,
Section 17.4 for additional information concerning political signs.
Section 12.5. Campers. Boats and Recreational Vehicles. No campers, boats, boat
trailers, recreational vehicles and other types of non-passenger vehicles, equipment,
implements or accessories may be kept on any Lot unless the same are fully enclosed
within the garage located on such Lot and/ or said vehicles and accessories are screened
from view by a screening structure or fencing approved by the ACC, and said vehicles and
accessories are in an operable condition. The ACC, as designated in this Declaration, shall
have the absolute authority to determine from time to time whether a vehicle and/ or
accessory is operable and adequately screened from public view. Upon an adverse
determination by said ACC, the vehicle and/ or accessory shall be removed and/ or
otherwise brought into compliance with this paragraph. No dismantling or assembling
of motor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment
shall be permitted in any driveway or yard adjacent to a street. No commercial vehicle
bearing commercial insignia or names shall be parked on any Lot except within an
enclosed structure or a screened area which prevents such view thereof from adjacent lots
and streets, unless such vehicle is temporarily parked for the purpose of serving such Lot.
Section 12.6. Pets. Livestock and Poultry. No animals, livestock or poultry of any
kind shall be raised, bred or kept on any Lot, except for cats, dogs or other generally
recognized household pets of a reasonable number, provided that they are not kept, bred,
or maintained for any commercial purpose; and provided further, than no more than two
(2) dogs and (2) cats may be kept on a single Lot. All such animals shall be kept in strict
accordance with all local laws and ordinances (including leash laws) and in accordance
with all rules established by the Parkstone Community Association.
Section 12.7. Garbage and Refuse Disposal. No Lot shall be used or maintained
as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except
in sanitary containers. All equipment and containers for the storage or disposal of such
material shall be kept in a clean and sanitary condition. No cans, bags, containers or
receptacles for the storing or disposal of trash, garbage, refuse, rubble, or debris shall be
stored, kept, placed or maintained on any Lot where visible from any street except solely
on a day designated for removal of garbage and rubbish and on which days only, such
cans, bags, containers, and receptacles may be placed in front of a residence and beside a
street for removal but shall be removed from view before the following day.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -48-
Off
800K
A'.... RECORDS
PAGE
3109 n318
SEMINOLE CO. F~
Section 12.8. Sight Distance at Intersections. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between three (3) and ten (10) feet 'above
the roadways shall be placed or permitted to remain on any corner Lot within the
triangular area formed by the street property lines and in a line connecting them at points
thirty-five (35) feet from the intersection of the street lines, or in the case of a rounded
property comer, from the intersection of the street property lines extended. The same sight
line limitations shall apply on any Lot within ten (10) feet from the intersection of a street
property line with the edge of a driveway or alley pavement. No tree shall be permitted
to remain within such distances of such intersections unless the foliage line is maintained
at sufficient height to prevent obstruction of such sight lines.
Section 12.9. Parking. No vehicles, trailers, implements or apparatus may be
driven or parked in the Common Maintenance Areas or on any easement (except areas
intended for vehicular access) unless in use for maintaining such Common Maintenance
Areas.
Section 12.10. Commercial or Institutional Use. No Lot, and no building erected
or maintained on any Lot shall be used for manufacturing, industrial, business,
commercial, institutional or other non-residential purposes, except for construction offices,
model homes and sales offices as set forth in this Declaration or in the Articles of
Incorporation or Bylaws of the Association.
Section 12.11. Detached Buildings. No detached accessory buildings, including,
but not limited to, detached garages and storage buildings, shall be erected, placed or
constructed upon any Lot without the prior consent of the ACe. Every outbuilding,
inclusive of such structures as a storage building, greenhouse or children's playhouse shall
be compatible with the dwelling to which it is appurtenant in terms of its design and
material composition. In no instance shall an outbuilding exceed twelve (12) feet in height,
nor two hundred forty (240) square feet in size. No outbuilding shall be erected or
permitted to remain within five feet (5') of a side Lot boundary line, or within six feet (6')
of a rear Lot boundary line, and no outbuilding shall be permitted to encroach on any
easement depicted on the Plat or created by this Declaration or other instrument of record.
In addition to the foregoing restrictions, the City of Winter Springs may impose additional
requirements concerning the location, size, number, use, construction or maintenance of
outbuildings, and nothing in this Declaration shall relieve any Owner from the obligation
to satisfy all applicable laws, ordinances and regulations of the City concerning such
outbuildings. Likewise, the ACC shall have the right to refuse to approve any outbuilding
even if the City issues its approval for such outbuilding, and, in such cases, all Owners
shall abide by the decision of the ACC and shall not erect such outbuildings.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -49-
UFF.
800K
.!\~ RECORDS
PAGE
3709 {)319
SEHIHOLt co. FL
Section 12.12. Fences. No fence, wall or hedge shall be erected or maintained on
any Lot nearer to the street than the building setback lines for the front yard, except for
fences erected in conjunction with model homes or sales offices. Except as may be
necessary to maintain the sight distances required by Section 12.8, side yard fences on
comer Lots must be erected inside the side street setback line of the Lot. All fences shall
be constructed of wood or masonry except for retaining walls installed by Declarant or
retaining walls or decorative walls approved by the ACe. All fences shall be of uniform
height except sales office or model home fences. No chain-link, metal cloth or agricultural
fences may be built or maintained on any Lot. Unless otherwise agreed between Owners,
side and rear yard fences that separate adjacent lots shall be owned and maintained by the
Owner on whose Lot the fence exists, or if the location is indefinite, such fence will be
maintained by the Owners whose Lots are involved jointly with expenses being shared
equally.
Section 12.13. Landscaping. Decorative ground cover rock in the front and side
yard may not exceed ten (10) percent of the total area of the front and side yard. Lawns
must be properly maintained (not to exceed six (6) inches in height).
Section 12.14. Television and Radio Receiving Devices. No exterior radio or
television antenna, satellite dish, microwave antenna or other antenna or device for
sending or receiving television or radio signals may be erected or maintained on the
exterior of any Unit in the Properties in such a manner as to be visible to an observer from
the street in front of the Unit. Television and/ or radio receiving devices may be erected
on the exterior of a Unit in a location that does not allow them to be visible to an observer
from the street in front of the Unit if such devices are approved for installation by the ACC,
provided however, that satellite receiving dishes in excess of 39 inches in diameter shall
be prohibited on all Lots. Notwithstanding the foregoing, the Board of Directors of the
Association shall have the authority to establish size limitations for television and radio
receiving devices that do not have a material effect upon the appearance of the Unit which
devices may be approved for use in areas that are visible to an observer from the street if
advances in technology create devices that are unobtrusive and do not materially affect the
appearance of the Unit. By acceptance of a deed to a Unit within the Properties, each
Owner agrees that this restrictive covenant is a reasonable limitation on the Owners' ability
to receive television and/ or radio transmissions, and (1) does not unreasonably delay or
prevent installation, maintenance or use of television or radio receiving devices, (2) does
not unreasonably increase the cost of installation, maintenance or use of television or radio
receiving devices, (3) does not preclude reception of an acceptable quality television or
radio signal, and (4) does not impose an unnecessary burden, expense or delay on any
Owner. Each Owner covenants with Declarant and every other Owner that the rights of
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -50-
OFfll
BOOK
.L RECORDS
PAGE
3109 10380
SEMINOLE CO. FL
the Association and all other Owners of Units in the Properties in the protection of
property values and the architectural character and aesthetics of the Properties supersedes
and takes precedence over the interests of each individual Owner in the placement of
television and radio receiving devices, and that the limitations established in this
Declaration provide each Owner reasonable alternatives for receiving quality television
and radio signals without the necessity of erecting receiving devices in locations that are
visible to observers from the street in front of the Unit or otherwise materially affect the
appearance of the Unit Therefore, each Owner agrees to be bound by this limitation and
waives the benefits of any contrary rule or regulation promulgated by the Federal
Communications Commission or other governmental body or agency.
Section 12.15. Exterior Finish. All exterior walls of all dwellings, garages and
approved accessory buildings shall be completely finished with wood, stucco, brick, stone,
paneling or other material acceptable to the ACe. No unpainted concrete block surfaces
shall be visible on any exterior wall. The first floor exterior walls of the main residence
building constructed on any Lot shall be composed of at least 100% masonry or masonry
veneer (including stucco), said percentage to apply to the aggregate area of all first floor
exterior walls, excluding windows, doors or other openings and gable ends. The
minimum masonry requirement specified shall apply to the lower floor only for a two-
story dwelling. Masonry or masonry veneer includes stucco, ceramic tile, clay, brick, rock
and all other materials commonly referred to in the Seminole County, Florida area as
masonry. Notwithstanding the foregoing, the ACC is empowered to waive this restriction
if, in its sole discretion, such waiver is advisable in order to accommodate a unique or
advanced building concept, design, or material, and the resulting structure will not detract
from the general appearance of the neighborhood.
Section 12.16. Chimneys. All fireplace flues shall be completely enclosed and
concealed from public view in finished chimneys of materials architecturally compatible
with the principal finish material of the exterior walls of the dwelling or otherwise
approved by the ACe.
Section 12.17. Clothes Hanging Devices. Clothes hanging devices exterior to a
dwelling shall not exceed six (6) feet in height and shall not be placed nearer to any street
abutting the Lot than the side yard setback line or the back of the Unit constructed on the
Lot Clothes hanging devices shall be screened from public view by a fence approved by
the ACe. Such fence shall be erected by the Owner before any clothes hanging device is
erected.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpderevised 080499 6 p.m. -51-
UFFICIA~ ~'C:OROS
. BOOK PAGE
3109 ()381
SEMINOLE. CO. FL
Section 12.18. Window Treatment. No aluminum foil, reflective film or similar
treatment shall be placed on windows or glass doors.
Section 12.19. Oil and Mining Operations; Hazardous Materials. No oil drilling,
oil development operations, oil refining, quarrying or mining operation of any kind shall
be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations,
or shafts be permitted upon any Lot. No derrick or other structure designed for uSe in
boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. No
tank for the storage of oil or other fluids may be maintained on any of the Lots above the
surface of the ground. No hazardous, flammable or explosive materials shall be kept,
stored or disposed of on any Lot except household chemicals, cleansers, lubricants and the
like, which may be kept and used in conventional domestic applications and amounts in
accordance with applicable environmental laws and regulations. Notwithstanding
anything in this Section 12.19 to the contrary, the terms "tank" and "tank for the storage
of oil or other fluids" shall not be deemed to mean or include domestic propane/butane
gas storage cylinders typical for domestic use, including but not limited to, heating
swimming pools and spas. The placement of such gas storage cylinders shall be subject
to approval by the ACC, and the Owner of the Lot on which such cylinder is placed shall
comply with all requirements of the Governmental Authorities, including obtaining all
required permits and observing all applicable safety and use requirements. Neither the
Association nor the Declarant nor any member of the Board of Directors or ACC shall have
any liability whatsoever for the condition or location of any propane/butane cylinder
allowed pursuant to this Declaration.
Section 12.20. Mail Boxes. Mail boxes shall be erected and maintained upon areas
determined by the u.S. Postal Service in accordance with the current postal authority
standards and the approval of the ACe.
Section 12.21. Garages. An enclosed garage able to accommodate at least two (2)
automobiles must be constructed and maintained for each residence. The openings of such
garages must be situated within the setback lines set out herein. If the garage is detached
from the house, it shall be located entirely in the rear yard area and not less than five (5)
feet from any side or rear Lot line and in the case of corner Lots, not less than the distance
required for dwellings from side streets. Garages may be used as the Declarant's or
Builder's sales offices prior to permanent occupancy of the main structure, however, sales
offices must be converted to garages prior to permanent occupancy. Detached garages
may not exceed a height of eighteen feet (18') at the highest ridge point of the roof
measured from the existing ground unless prior written approval is obtained from the
Architectural Control Committee. With the exception of periods when garages are used
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -52-
*
DF FlelA:... :..c:op~g~
BOOK
3109 038~
, SEMINOLt co. FL
by the Builder as sales offices, all garages shall be maintained for the storage of
automobiles, and no garage may be enclosed or otherwise used for habitation.
- ,
Section 12.22. Roof. No exposed roof surfaces on any principal and/ or secondary
structures shall be of wood shingles or wood shakes unless rated by the State Insurance
Board as meeting fire retardant standards. The Architectural Control Committee shall
have the authority to approve roof treatments and materials when in its determination
such treatments and materials, in the form utilized will not be a detriment to the quality
of the neighborhood.
Section 12.23. Minimum Unit Size, Maximum Height and Setback Lines:
Maximum Area of Coverage. The living area of each residential Unit shall be no less than
1200 square feet in area, as set forth in Article 10, Section 10.1. No residential Unit shall
exceed thirty-five feet (35j in height measured from the top surface of the foundation to
the highest point of the roof. Allbmldings or other structures (except fences), permanent
or temporary, habitable or uninhabitable, must be constructed, placed and maintained in
conformity with setback lines imposed herein. In no event shall any such building or other
structure be constructed, placed or maintained ithin five feet 5' of the side bound a
of a Lot (except for Lots bordering a side street, in which case the side street setbac
~all be fifteen feet (15')), or within twen feet 20' of the rear bo ~
setback lines for one storvJlOmes are hereby established atJWenty feet (20'}{ and for two
story homes at twenty feet (20'). Detached garages and temporary structures shall be
located entirely in the rear yard area and not less than five feet (5') from any side Lot line
and in the case of comer Lots, not less than the distance req-uired f~r dwellings from side
streets, and not less the six feet (6') from any.rear Lot line. The eaves, steps and porches
of buildings shall not be deemed to be a part of a building or structure for the purpose of
this covenant Notwithstanding the foregoing, the ACC shall have the right and authority
to approve variances from the setback requirements for reasonable cause or to alleviate a
hardship. The maximum residential impervious surface ratio er Lot for the rinci al
residential buil in and accesso . , the Unit and any outbuildings, shall be
65% gf the total area encompassed by the Lot.
-
-
Section 12.24. Athletic and Recreational Facilities. Outdoor atWetic and
recreational facilities such as basketball goals, swing sets and sport courts of either a
permanent or temporary nature shall not be placed on any Lot between the street right-of-
way and the front of a Unit and must be approved by the Architectural Control Committee
pursuant to Article 8. Tennis court lighting and fencing shall be allowed only with the
approval of the ACe.
G:\LegaIIAVS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -53-
""'CIC\~I Rf.C:OKD~
ljt I p'" PAGt.
aoaK .
3109 0383.
SEM\NOLE co. fL
Section 12.25. Security. Neighborhood security patrols may be provided by
independent contractors through the Association, from time to time; however the
Association is not responsible for security of the neighborhood or any Unit and the Owners
are exclusively responsible for security for their homes and property.
Section 12.26. Water and Sewage Systems. No individual water supply system
or sewage disposal system shall be permitted on any Lot, including but not limited to
water wells, cesspools or septic tanks.
Section 12.27. Exterior Holiday Decorations. Lights or decorations may be erected
on the exterior of Units in commemoration or celebration of publicly observed holidays
provided that such lights or decorations do not unreasonably disturb the peaceful
enjoyment of adjacent Owners by illuminating bedrooms, creating noise or attracting sight-
seers. All lights and decorations that are not permanent fixtures of the Unit which are part
of the original construction or have been properly approved as permanent improvements
by the ACC shall be removed within thirty (30) days after the holiday has ended.
Christmas decorations or lights may not be displayed prior to November 15th of any year.
For other holidays, decorations or lights may not be displayed more than two (2) weeks
in advance of the holiday. The Association shall have the right, upon thirty (30) days prior
written notice to enter upon any Lot and summarily remove exterior lights or decmations
displayed in violation of this provision. The Association, and the individuals removing
the lights and decorations, shall not be liable to the Owner for trespass, conversion or
damages of any kind except intentional misdeeds and gross negligence.
Section 12.28. Solar Energy Devices. No Owner may erect or maintain solar
collector panels or other solar energy devices or equipment upon any Lot unless such
apparatus is erected and maintained in such a way that it is screened from public view at
a point in the center of the public street right-of-way directly in front of the house erected
on such Lot; and no such apparatus shall be erected without the prior written consent of
the ACe.
Section 12.29. Upland Buffer and Conservation Area. Lots abutting the
Conservation Area (as indicated on the recorded Plats) adjacent to Lake Jesup are subject
to a 25 foot wide Upland Buffer (also as indicated on the recorded Plats). No
improvements are to be constructed or installed within the Upland Buffer or Conservation
Easement, and no landscaping, planting, filling, excavation, grading, irrigation or other
improvements or disturbance shall be made within such Upland Buffer or Conservation
Easement without the prior written consent and approval of the SJRWMD. In addition,
according to the Land_Development Coordinator of the City of Winter Springs, the City's
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -54-
OFFICIAL RECOK'
BOOK ?AG~
3109 {)381~
SEHIHOLt co. fL
Comprehensive Plan establishes requirements for "vegetative buffers" as follows: "The
first is a minimum twenty-five (25) foot vegetative buffer area upland from any wetlands
area. The second is a minimum fifty (50) foot vegetative buffer upland from the lake."
Section 12.30. hnprovements Over Water. No docks, piers, boardwalks, launching
ramps, boathouses, bathhouses, beaches or other improvements or structures of any kind
may be constructed or installed on, over or under the waters of Lake Jesup without the
prior written consent and approval of the SJRWMD and other agencies as may be required.
ARTICLE 13
PICKETING AND DEMONSTRATIONS
By acceptance of the deed to any Lot covered by this Declaration, the Owner
covenants and agrees with the Owners of all other Lots within the subdivision, that no
Owner or resident of any Lot shall engage in picketing, protest marches, sit-in
demonstrations, protest speeches or other forms of public protest, including without
limitation, displaying signs or placards within public view, upon any Lot or within any
Common Area, easement or street adjacent to any Lot, or affixed to any vehicle or
apparatus upon or adjacent to any Lot, street, easement or Common Area. This prohibition
shall not affect the right of any person to participate in any other form of public protest
conducted outside the area depicted on any recorded subdivision Plat. No Owner or
resident of any Lot shall engage in conduct that tends to vilify, ridicule, denigrate, or
impugn the character of any other Owner or resident if such conduct occurs on any Lot,
Common Area, easement or street depicted on the subdivision Plat. Each Owner, by
acceptance of the deed to any Lot, shall be deemed to have accepted the foregoing
prohibitions as reasonable limitations on his or her constitutional right of free speech and
to recognize and agree that all Owners have the right to the peaceful enjoyment of their
property; the right of privacy; the right to practice their own religion; the freedom of
association; the right to engage in a profession, business or life-style of their own choosing
provided that the conduct of such profession, business or life-style is not illegal and does
not otherwise violate any provision of this Declaration.
ARTICLE 14
MORTGAGEE PROVISIONS
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -55-
JFFIC!A~
BOOK
3109
_CORDS
PAGE
0385
SEMINOLE CO. FL
The following provisions are for the benefit of holders of first Mortgages on Units
in the Properties. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
Section 14.1. Rights of Eligible Holders. An institutional holder, insurer, or
guarantor of a first Mortgage (herein referred to as an "Institutional Lender") that provides
a written request to the Association (such request to state (1) the name and address of such
holder, insurer, or guarantor; (2) the name of the Owner; (3) the address of the Unit; and
(4) the Lot and Block numbers and identification of the Unit, thereby becoming an
"Eligible Holder"), will be entitled to:
a. the right to inspect Association documents and records on the same
terms as Members;
b. copies of all written notices to the Unit Owner of material
amendments to the Declaration, Articles of Incorporation or Bylaws of the Association
when such notices are required to be given to Owners pursuant to such documents;
c. copies of written notices to the Unit Owner of extraordinary actions
to be taken by the Association when such notices are required to be given to Owners
pursuant to this Declaration or the Bylaws;
d. copies of written notices to the Unit Owner of (i) any property loss,
condemnation or eminent domain proceeding affecting the Common Property resulting
in losses greater than ten percent (10%) of the current annual budget, or (ii) any Unit
insured by the Association in which the Eligible Holder has an interest;
e. copies of written notices to the Unit Owner of any termination, lapse
or material modification of an insurance policy held by the Association;
f. written notice of any default by an Owner of a Unit subject to a
mortgage held by the Eligible Holder in paying assessments or charges to the Association
which remains uncured for sixty (60) consecutive days;
g. written notice of any proposal to terminate the Declaration or dissolve
the Association at least thirty (30) days before such action is taken;
G:\Legal\AVS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -56-
OFF,
BOOK
3709
AL RECORDS
PAGE
{)386
SEMINOLE CO. fl
h. the right of a majority of Eligible Holders (determined on the basis of
one vote for each Unit standing as security for a mortgage held by the Eligible Holder) to
demand that the Association retain a professional management company; and
i. the right of a majority of Eligible Holders (determined on the basis
of one vote for each Unit standing as security for a mortgage held by the Eligible Holder)
to demand an audit of the Association's financial records.
Section 14.2. Voting Rights of Eligible Holders. For purposes of this Section, an
Eligible Holder of a Mortgage shall be entitled to one (1) vote for each first Mortgage
owned.
14.2.1. Unless at least two-thirds (2/3) of the Eligible Holders
consent, the Association shall not:
a. by act or omission abandon, partition, subdivide, encumber, sell, or
transfer all or any portion of the real property comprising the Common Property which
the Association owns, directly or indirectly (The granting of easements for public utilities
or other similar purposes consistent with the intended use of the Common Property shall
not be deemed a transfer within the meaning of this subsection.);
b. change the method of determining the obligations, assessments, dues,
or other charges which may be levied against an Owner (A decision, including contracts,
by the Board or provisions of any supplemental declaration subsequently recorded on any
portion of the Properties regarding assessments for Lots to be annexed or other similar
areas shall not be subject to this provision where such decision or subsequent
supplemental declaration is otherwise authorized by this Declaration.);
c. by act or omission change, waive, or abandon any material aspect of
the scheme of regulations or enforcement thereof pertaining to the architectural design or
the exterior appearance and maintenance of Units and of the Common Property (The
issuance and amendment of architectural standards, procedures, rules and regulations, or
use restrictions shall not constitute a change, waiver, or abandonment withing the meaning
of this provision.);
d. fail to maintain insurance, as required by this Declaration; or
e. use hazard insurance proceeds for any Common Property losses for
other than the repair, replacement, or reconstruction of such property.
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -57-
OFFICI~
aOOK
3109
<EC.OHOS
PAGE
0387
SEMINOLE CO. FL
14.2.2.
Association shall require:
Any election to terminate the legal status of the
a. the approval of at least fifty-one percent (51 %) of the Eligible Holders
if the election to terminate the legal status is the result of substantial destruction or a
substantial taking in condemnation of the Common Property; or
b. the approval of at least sixty-seven percent (67%) of the Eligible
Holders if the termination is sought for any other reason.
14.2.3. In the event a portion of the Common Property is
either condemned or destroyed or damaged by a hazard that is insured against, restoration
or repair shall be performed substantially in accordance with the provisions of the
Declaration and the original plans and specifications for the project unless fifty-one (51 %)
of the Eligible Holders approve the taking of other action by the Association.
14.2.4. The affirmative vote fifty-one percent (51 %) of the
Eligible Holders shall be sufficient to require the Association to engage a professional
management company.
14.2.5. The affirmative vote fifty-one percent (51 %) of the
Eligible Holders shall be sufficient to require the Association to conduct an audit of its
financial records.
Section 14.3. Voluntary Payments by Eligible Holders. Eligible Holders may,
jointly or singly, pay taxes or other charges which are in default and which mayor have
become a charge against the Common Property and may pay overdue premiums on
casualty insurance policies or secure new casualty insurance coverage upon the lapse of
a Association policy, and Eligible Holders making such payments shall be entitled to
immediate reimbursement from the Association.
Section 14.4. No Priority. No provision of this Declaration or the Bylaws gives or
shall be construed as giving any Owner or other party priority over any rights of the
Eligible Holder of any Unit in the case of distribution to such Owner of insurance proceeds
or condemnation awards for losses to or a taking of the Common Property.
Section 14.5. Notice to Association. Upon request, each Owner shall be obligated
to furnish to the Association the name and address of the Eligible Holder of any Mortgage
encumbering such Owner's Unit.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -58-
OFFICI
BOOK
. RECORDS
PAGE
3709 0388
SEMINOLE CO. FL
Section 14.6. Amendment by Board. Should the Federal Housing Administration,
Department of Veterans Affairs, Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation subsequently modify any of their respective
requirements which necessitate the provisions of this Article, the Board, without approval
of the Owners, may cause an amendment to this Article to be recorded to reflect such
changes.
Section 14.7. Applicability of this Article. Nothing contained in this Article shall
be construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, the Bylaws, or Florida corporate law for any of the acts set out in this Article.
Section 14.8. Failure of Eligible Holder to Respond. Any Eligible Holder who
receives a written request from the Board to respond to or consent to any action shall be
deemed to have approved such action if the Association does not receive a written
response from the Eligible Holder within thirty (30) days of the date of the Association's
request.
ARTICLE 15
INSURANCE AND CASUALTY LOSSES
Section 15.1. Common Areas. The Association shall keep all improvements,
facilities and fixtures located within the Common Areas insured against loss or damage
by fire or other casualty for the full insurable replacement value thereof (with reasonable
deductibles and normal exclusions for land, foundations, excavation costs and similar
matters, and may obtain insurance against such other hazards and casualties as the Asso-
ciation may deem desirable. The Association may also insure any other property, whether
real or personal, owned by the Association, against loss or damage by fire and such other
hazards as the Association may deem desirable, with the Association as the owner and
beneficiary of such insurance for and on behalf of itself and all Members. The insurance
coverage with respect to the Common Areas shall be written in the name of, and the pro-
ceeds thereof shall be payable to, the Association. Insurance proceeds shall be used by the
Association for the repair or replacement of the property for which the insurance was
carried. Premiums for all insurance carried by the Association are Common Expenses and
shall be included in the Association's annual budget and collected as part of the Annual
Assessment.
To the extent obtainable at reasonable rates, the insurance policy(ies)
maintained by the Association shall contain provisions, or be accompanied by
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig revwpd
revised 080499 6 p.m. -59-
Qff It .L RECORDS
BOOK PAGE
3709
0389
SEMINOLE CO. Fl
endorsements, for: agreed amount and inflation guard, demolition costs, contingent lia-
bility from operation of building laws and increased costs of construction.
All insurance policies shall contain standard mortgagee clauses, if applicable.
The Association shall also maintain, to the extent any insurable
improvements to Common Areas are within an "A" flood zone, flood insurance in an
amount equal to the lesser of 100% of the replacement costs of all insurable improvements
(if any) within the Common Areas or the maximum amount of coverage available under
the National Flood Insurance Program, whichever is less.
Section 15.2. Waiver of Subrogation. As to each policy of insurance maintained
by the Association which will not be voided or impaired thereby, the Association hereby
waives and releases all claims against the Board, the Members, Declarant and the agents
and employees of each of the foregoing, with respect to any loss covered by such
insurance, whether or not caused by negligence of or breach of any agreement by said
persons, but only to the extent that insurance proceeds are received in compensation for
such loss.
Section 15.3. Liability and Other Insurance. The Association shall have the
power to and shall obtain comprehensive public liability insurance, including medical
payments and malicious mischief, with coverage of at least $1,000,000.00 (if available at
reasonable rates and upon reasonable terms) for any single occurrence, insuring against
liability for bodily injury, death and property damage arising from the activities of the
Association or with respect to property under its jurisdiction, including, if obtainable, a
cross liability endorsement insuring each Member against liability to each other Member
and to the Association and vice versa. The Association may also obtain Worker's
Compensation insurance and other liability insurance as it may deem desirable, insuring
each Member and the Association and its Board of Directors and officers, from liability
in connection with the Common Areas, the premiums for which shall be Common
Expenses and included in the assessments made against the Members. The Association
may also obtain such other insurance as the Board deems appropriate. All insurance
policies shall be reviewed at least annually by the Board of Directors and the limits
increased in its discretion.
The Board may also obtain such errors and omissions insurance, indemnity
bonds, fidelity bonds and other insurance as it deems advisable, insuring the Board or any
management company engaged by the Association against any liability for any act or
omission in carrying out their obligations hereunder, or resulting from their membership
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -60-
OfFICIA- ,{ECORDS
800K PAGE
3109 0390
SEMINOLE CO. FL
on the Board or any committee thereof. At a minimum, however, there shall be blanket
fidelity bonding of anyone (compensated or not) who handles or is responsible for funds
held or administered by the Association, with the Association to be an obligee
thereunder. Such bonding shall cover the maximum funds to be in the hands of the
Association or management company during the time the bond is in force. In addition, the
fidelity bond coverage must at least equal the sum of three (3) months' of regular
assessments, plus all reserve funds.
Section 15.4. Damage and Destruction.
15.4.1. Immediately after damage or destruction by fire or
other casualty to all or any part of the Common Property covered by insurance written in
the name of the Association, the Board or its duly authorized agent shall proceed with the
filing and adjustment of all claims arising under such insurance and obtain reliable and
detailed estimates of the cost of repair or reconstruction of the damaged or destroyed
Properties. Repair or reconstruction, as used in this paragraph, means repairing or
restoring the Properties to substantially the same condition in which they existed prior to
the fire or other casualty, allowing for any changes or improvements necessitated by
changes in applicable building codes.
15.4.2. In the event of damage or casualty loss to the
improvements, if any, erected on the Common Properties, which in the opinion of the
Board of Directors, should not be repaired or reconstructed, the Board shall deliver written
notice thereof to each Member stating (1) the amount of the insurance proceeds to be paid
to the Association by the insurer as a result of the loss; (2) the estimated cost of repair or
reconstruction; and (3) a request that each Member deliver a written response voting for
or against repair or reconstruction within 30 days after receiving the Board's notice. Such
notice shall be sent to each Member within 60 days after the Board has received the
settlement offer of the insurer and the estimated cost of repair or reconstruction from a
qualified contractor . The Association shall make the repairs or reconstruct the
improvements unless at least 75% of the Members of each class of membership vote not to
do so. No Eligible Holder shall have the right to participate in the determination of
whether the damage or destruction to the Common Area shall be repaired or
reconstructed; provided, however, this provision shall not apply to construction
Mortgagees, if any, providing construction financing for such damaged Common Property.
15.4.3. In the event that it should be determined in the
manner described above that the damage or destruction to the Common Area shall not be
repaired or reconstructed and no alternative improvements are authorized by the
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -61-
OfFICI.
aOOK
REC:OROS
?AGE
3109 039\
SEMltWLt co. FL
Mem bers, then and in that event the affected portion of the Common Property shall be
restored to its natural state and maintained by the Association in a neat and 'attractive
condition.
Section 15.5. Disbursement of Proceeds. If the damage or destruction for which
the proceeds of insurance policies are paid is to be repaired or reconstructed, the proceeds,
or such portion thereof as may be required for such purpose, shall be disbursed in
payment of such repairs or reconstruction. Any proceeds remaining after defraying such
costs of repair or reconstruction to the Common Property shall be retained by and for the
benefit of the Association and placed in a capital improvements account. In the event no
repair or reconstruction is made, any proceeds remaining after making such settlement as
is necessary and appropriate with the affected Owner or Owners and their Eligible
Holders as their interests may appear, shall be retained by and for the benefit of the
Association and placed in a capital improvements account. This is a covenant for the
benefit of any Eligible Holder of a Unit and may be enforced by such Mortgagee.
Section 15.6. Repair and Reconstruction. If the damage or destruction to the
Common Area for which insurance proceeds are paid is to be repaired or reconstructed,
and such proceeds are not sufficient to defray the cost thereof, the Board shall, without the
necessity of a vote of the Members, levy a Special Assessment against all Owners on the
same basis as provided for Annual Assessments. Additional assessments may be made
in like manner at any time during or following the completion of any repair or reconstruc-
tion.
ARTICLE 16
GENERAL PROVISIONS
Section 16.1. Duration. The covenants, conditions and restrictions of this
Declaration shall run with and bind the Properties, and shall inure to the benefit of and be
enforceable by the Association, the Declarant and any Owner, their respective legal
representatives, heirs, successors, and assigns, for a period of thirty (30) years from the
date this Declaration is recorded. Upon the expiration of said thirty (30) year period, this
Declaration shall be automatically renewed and extended for successive ten (10) year
periods. The number of ten (10) year renewal periods hereunder shall be unlimited with
this Declaration being automatically renewed and extended upon the expiration of each
ten (10) year renewal period for an additional ten (10) year period; provided, however,
that there shall be no renewal or extension of this Declaration if during the last year of the
initial thirty (30) year period, or during the last year of any subsequent ten (10) year
G:\Legal\AVS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 0804996 p.m. -62-
.:ICIA~. REC.DROS
BOOK PAGE
3109 0392
SEMINOLE CO. FL
renewal period, Voting Members representing three-fourths (3/4) of the votes of the
Association vote in favor of terminating this Declaration at the end of its then current term.
Termination of this Declaration is deemed to be an "Extraordinary Action" subject to the
provisions of Section 16.2.
Written notice of any meeting at which such proposal to terminate this Declaration
is to be considered, setting forth the fact that such a proposal will be considered, shall be
given at least sixty (60) days in advance of said meeting. In the event that the Association
votes to terminate this Declaration, the President and Secretary of the Association shall
execute certificate which shall set forth the resolution of termination adopted by the
Association, the date of the meeting of the Association at which such resolution was
adopted, the date that notice of such meeting was given, the total number of votes of
Members of the Association, the total number of votes required to constitute a quorum at
a meeting of the Association, the total number of votes necessary to adopt a resolution
terminating this Declaration, the total number of votes cast in favor of such resolution, and
the total number of votes cast against such resolution.
Said certificate shall be recorded in the Public Records of Seminole County, Florida,
and may be relied upon for the correctness of the facts contained therein as they relate to
the termination of this Declaration. Termination of the Association shall not have the effect
of terminating easements herein provided or granted prior to such termination, or
terminating contractual rights created prior to termination which from the context of the
contract were meant to survive termination.
Section 16.2. Material Amendments and Extraordinary Actions. The Association
may amend this Declaration in regard to the matters identified herein as "Material
Amendments", or may undertake the actions herein listed as "Extraordinary Actions" only
in the following manner.
16.2.1. Material Amendments. The matters listed below are deemed
to be material to this Declaration, and any proposed amendment concerning such matters
shall be deemed to be a "Material Amendment":
a. the manner of determining the basis for assessments
or the administration of assessment liens;
b. any method of imposing or determining any charges
to be levied against individual Unit Owners;
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -63-
dFFICIAL RECORDS
BOOK PAGE
3109
0393
c.
Common Area improvements;
SEMINOLE. CO. fl
reserves for maintenance, repair or replacement of
d.
maintenance obligations;
e.
allocation of rights to use Common Areas;
f. any scheme of regulation or enforcement of standards
for maintenance, architectural design or appearance of improvements on Units;
g. reduction of insurance requirements;
h. restoration or repair of Common Area improvements;
1. the addition, annexation or withdrawal of land to or
from the project;
J.
voting rights;
k.
restrictions affecting leasing or sale of a Unit; or
1.
Mortgagees, or Eligible Holders.
any provision which is for the express benefit of
16.2.2. Extraordinary Actions. The matters listed below are deemed
to be extraordinary under this Declaration, and any proposed action concerning such
matters shall be deemed to be an "Extraordinary Action":
a. merging or consolidating the Association (other than
with another non-profit entity formed for purposes similar to the Association);
b. determining not to require professional management,
if that management has been required by the Association documents, a majority of Eligible
Holders or a majority vote of the Members;
c. expanding the Association to include land not
previously described as Undeveloped Parcel which increases the overall land area of the
project or number of Units by more than 10%;
G:\Legal\AVS\Orlando\Parkslone\080499 prksln deer irrig rev.wpd
revised 080499 6 p.m. -64-
JFFI
BOOh
" ....,... r ,)r:.Oc::
\_ :\::~.(.. 1\ ~
PAGE
31 0 9 0 3 9 I.
SEMINOLE CO. FL
d. abandoning, partitioning, encumbering, mortgaging,
conveying, selling or otherwise transferring or relocating the boundaries of the Common
Areas (except for (1) granting easements which are not inconsistent with, or which do not
interfere with the intended Common Area use; (2) dedicating Common Area as required
by a public authority; (3) limited boundary line adjustments made in accordance with the
provisions of this Declaration; or (4) transferring Common Area pursuant to a merger with
a non-profit entity formed for purposes similar to the Association);
e. using insurance proceeds for purposes other than
reconstruction or repair of insured improvements;
f. making capital expenditures (other than for repair or
replacement of existing improvements) during any period of 12 consecutive months
costing more than 20% of the annual operating budget for that period;
g. termination of the Declaration or other termination
of the planned unit development; or
h. dissolution of the Association.
16.2.3. Notice Required for Material Amendment or Extraordinary
Action. Written notice of any proposed Material Amendment or Extraordinary Action
shall be delivered to each Member at least 30 days in advance of (1) any meeting at which
such matter is to be discussed or (2) any action which is to be taken by written approval
of the Members in lieu of a meeting. The notice shall state the purpose of the meeting or
proposed written approval and shall contain a summary of any Material Amendment or
Extraordinary Action to be considered. The notice shall also contain a copy of a proxy that
can be cast in lieu of attendance at the meeting. If the Association hast or is planned to
have, 250 Members or less - the quorum for any such meeting shall be no less than 20% of
the total number of votes. If the Association hast or is planned to have, more than 250
Members but less than 1000 Members - the quorum for any such meeting shall be no less
than 10% of the total number of votes. If the Association hast or is planned to have, more
than 1000 Members - the quorum for any such meeting shall be no less than 5% of the total
number of votes. The foregoing requirements are minimum requirements, however, more
stringent requirements imposed elsewhere in this Declaration, or pursuant to applicable
laws or regulations shall supersede the requirements contained in this Section and the
Association shall be bound by such more restrictive requirements as if fully reproduced
herein.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 0804996 p.m. -65-
Ur,
aOOK
I"! H!:'r-(j....O<.:
. M '- t \~... \", t, tJ
PAGE
3709 0395
SEMINOLE CO. fL
16.2.4. Approval Required for Material Amendment or
Extraordinary Action. Material Amendments and Extraordinary Actions may be
approved by the Members, after receipt of notice as set forth above, either (1) by the
affirmative vote of at least 67% of the Class A Members (i.e. all Members except the
Declarant and any Builder who retain Class B or Class C status) who are present, in person
or by proxy, and voting at the meeting called as described in the notice at which a quorum
is present, and the vote of the Declarant, or (2) by the written consent of at least 67% of all
Class A Members and the Declarant (if the Declarant then retains Class B status) to any
action taken in lieu of a meeting.
16.2.5. Additional Approval Requirements. In addition to the
approval of the Members and the Declarant set forth above, the following conditions shall
apply:
a. Any Material Amendment or Extraordinary Action
that changes the rights of any specific class of Members (i.e. Class A; Class B; or Class C)
must also be approved either (1) by the affirmative vote of at least 51 % of the Members of
such Class who are present, in person or by proxy, and voting at a meeting called as
described in the required notice at which a quorum of such Class of Members is present,
or (2) by the written consent of at least 51 % of all Members of such Class to any action
taken in lieu of a meeting.
b. Any Material Amendment or Extraordinary Action
proposed during the period in which the Declarant retains its Class B status must also be
approved by the Federal Housing Administration ("FHA"), and the Department of
Veterans Affairs ("V A") if any Unit within the Properties has been financed by a mortgage
insured by FHA or guaranteed by VA. The Association shall deliver written notice of the
proposed Material Amendment or Extraordinary Action to the FHA and VA
simultaneously with its notice to the Members. If the FHA or V A fails to deliver written
notice to the Association of its objection to the proposed Material Amendment or
Extraordinary Action within 30 days after receipt of the notice, FHA and V A will be
deemed to have approved the matters contained in the notice, and the Association shall
be entitled to record an affidavit signed by an authorized officer averring that written
notice was delivered to the FHA and V A and no objection was timely received from such
agencIes.
16.2.6. Notice of Material Amendment or Extraordinary Action.
Upon approval of a Material Amendment or Extraordinary Action, the Association shall
record appropriate written notice thereof in the Public Records of Seminole County,
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev_wpd
revised 080499 6 p.m. -66-
J F Fie If\., ~ R E C. 0 Fi 8 S
aoo~, PAGE
3109 D396
SEMINOLE CO. FL
Florida, and take all such further action as may be prudent or necessary to implement and
carry out the Material Amendment or Extraordinary Action.
Section 16.3. Non-Material Amendments. The Association may amend this
Declaration in regard to all matters, except those identified in Section 16.2 as "Material
Amendments", in the following manner.
16.3.1. Amendments by Members - Notice Required for Non-
Material Amendment. Written notice of any Non-Material Amendment proposed by the
Board of Directors of the Association shall be delivered to each Member at least 30 days
in advance of (1) any meeting at which such matter is to be discussed or (2) any action
which is to be taken by written approval of the Members in lieu of a meeting. The notice
shall state the purpose of the meeting or proposed written approval and shall contain a
summary of any Non-Material Amendment to be considered. The notice shall also
contain a copy of a proxy that can be cast in lieu of attendance at the meeting. If the
Neighborhood Association has, or is planned to have, 250 Members or less - the quorum
for any such meeting shall be no less than 20% of the total number of votes. If the
Association has, or is planned to have, more than 250 Members but less than 1000
Members - the quorum for any such meeting shall be no less than 10% of the total number
of votes. If the Association has, or is planned to have, more than 1000 Members - the
quorum for any such meeting shall be no less than 5% of the total number of votes. The
foregoing requirements are minimum requirements, however, more stringent
requirements imposed elsewhere in this Declaration, or pursuant to applicable laws or
regulations shall supersede the requirements contained in this Section and the Association
shall be bound by such more restrictive requirements as if fully reproduced herein.
16.3.2. Approval Required for Non-Material Amendment by
Members. Non-Material Amendments proposed by the Board of Directors pursuant to
Subsection 16.3.1 may be approved by the Members, after receipt of notice as set forth
above, either (1) by the affirmative vote of at least 51 % of the Class A Members (i.e. all
Members except the Declarant and any Builder who retain Class B or Class C status) who
are present, in person or by proxy, and voting at the meeting called as described in the
notice at which a quorum is present, and the vote of the Declarant, or (2) by the written
consent of at least 51 % of all Class A Members and the Declarant (if the Declarant then
retains Class B status) to any action taken in lieu of a meeting.
16.3.3. Amendments by Declarant Without Consent by Members.
During the period in which the Declarant retains the status of the Class "B" Member,
Declarant shall have the right to amend this Declaration, without the necessity of consent
G:\legallA VS\Orlando\Parkslone\080499 prksln deer irrig rev.wpd
revised 080499 6 p.m. -67-
UFf h.dAL RECORDS ,
BOOK PAGE
,3109 0391
SEMINOLE CO. fL
or joinder by Owners or any other persons or entities, to make nonsubstantial changes that
do not materially or adversely affect the interests of other Owners or other affected parties,
and to clarify any ambiguities or conflicts, or correct any scriveners' errors in this
Declaration. No approval by the Association or by any Member shall be required for
Declarant to amend this Declaration pursuant to this Subsection 16.3.3. Declarant agrees
to provide copies of any such amendments to the City Commission of the City of Winter
Springs for its review.
16.3.4. Notice of Non-Material Amendment. Upon approval of a
Non-Material Amendment by the Members pursuant to Subsection 16.3.2, or delivery of
notice of amendment by Declarant pursuant to Subsection 16.3.3, the Association shall
record appropriate written notice thereof in the Public Records of Seminole County,
Florida, and take all such further action as may be prudent or necessary to implement and
carry out the Non-Material Amendment.
Section 16.4. Assignment of Rights and Duties. Any and all of the rights, powers
and reservations of the Association and Declarant may be assigned to any person,
corporation or association which will assume the duties of the Association or Declarant
pertaining to the particular rights, powers and reservations assigned. Upon such assignee
evidencing its consent in writing to accept such assignment and assume such duties, he or
it shall to the extent of such assignment have the same rights and powers and be subject
to the same obligations and duties as are herein given to and assumed by the Association
or Declarant. Further, the Association or Declarant may from time to time delegate any
and all of its rights, powers, discretion and duties hereunder to such agent or agents as it
may nominate.
Section 16.5. Municipal Service Taxing Units. In order to perform the services
contemplated by this Declaration, the Association or Declarant, in conjunction with
Seminole County, Florida and the City of Winter Springs, may seek the formation of
special purpose municipal service taxing units (IMSTUs"). The MSTUs will have
responsibilities defined in their enabling resolutions which may include, but are not
limited to, maintaining roadway informational signs, traffic control signs, benches, trash
receptacles and other street furniture, keeping all public roadways and roadside
pedestrian easements clean of windblown trash and debris, mowing, payment of electrical
charges, maintenance of drainage canals, ponds and structures, maintenance of designated
landscape areas, payment of energy charges for street and pedestrian lighting, and other
services benefitting the Properties. In the event such MSTUs are formed, the Properties
will be subject to assessment for the cost of services performed within the MSTU and
personnel working for or under contract with Seminole County shall have the right to
G:\LegaIlAVS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -68-
'Jt. . .;IAL RECORDS
aOOK PAGE'
3709
0398
SEMINOLE' CO. Fl
enter upon lands within the Properties to affect the services contemplated. Each Owner
by acquiring lands within the Properties agrees to pay each and every MSTU assessment
imposed upon the Owner's land in a timely manner, failing which such assessments and
special charges shall be a lien upon those lands. The Association retains the right to
contract with Seminole County to provide the services funded by the MSTUs. Services
performed by an MSTU that would otherwise be performed by the Association and for
which the MSTU imposes assessments on the Owners shall be removed from the
Association's budget and the Board shall reduce the Annual Maintenance Assessment
accordingly.
Section 16.6. Enforcement. Enforcement of these covenants, conditions and
restrictions shall be by any proceeding at law or in equity and may be instituted by
Declarant, its successors or assigns, the Association, its successors or assigns, or any Owner
against any person or persons violating or attempting to violate or circumvent any
covenant, condition or restriction, either to restrain violation or to recover damages, and
to enforce any lien created by these covenants; and failure by the Association or any
Owner or Declarant to enforce any covenant, condition or restriction herein contained for
any period of time shall in no event be deemed a waiver or estoppel of the right to enforce
same thereafter. Further, the Association shall have the right of self help to cure any
violations that remain uncured after any required notice is given. If the Association elects
to commence enforcement proceedings after delivery of notice thereof to any Owner in
violation hereof, and incurs any expenses in the commencement of such proceedings, the
Association shall prosecute such enforcement proceedings to conclusion notwithstanding
subsequent voluntary compliance by the Owner until the Association shall have recovered
its expenses from such Owner.
Section 16.7. Severability. Should any covenant, condition or restriction herein
contained, or any Article, Section, subsection, sentence, clause, phrase or term of this
Declaration be declared to be void, invalid, illegal, or unenforceable, for any reason, by the
adjudication of any court or other tribunal having jurisdiction over the parties hereto and
the subject matter hereof, such judgment shall in no way affect the other provisions hereof
which are hereby declared to be severable and which shall remain in full force and effect.
Section 16.8. Interpretation. The Board shall have the right except as limited by
any other provisions of this Declaration or the Bylaws to determine all questions arising
in connection with this Declaration and to construe and interpret its provisions, and its
good faith, determination, construction or interpretation shall be final and binding. In all
cases, the provisions of this Declaration shall be liberally construed to effectuate its
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -69-
JfflC.
BOOK
i~EC:OKOS
- PAGE
3109 0399
SEHINOLE co. fL
purpose of creating a uniform plan for the maintenance of Common Areas and the facilities
located thereon.
Section 16.9. Disposition of Common Property on Termination of Declaration.
Should the Members of the Association vote not to renew and extend this Declaration as
provided for herein, all Common Property owned by the Association at such time shall
be transferred to another association or appropriate public agency having similar
purposes. If no other association or agency will accept such property then it will be
conveyed to a Trustee appointed by the Circuit Court of Seminole County, Florida, which
Trustee shall sell the Common Property free and clear of the limitations imposed hereby
upon terms established by the Circuit Court of Seminole County, Florida. That portion of
the Open Space or Common Property consisting of the Surface Water and Storm Water
Management System cannot be altered, changed or sold separate from the lands it serves
except that Declarant shall be obligated to and shall convey that portion of the Open Space
consisting of the Surface Water and Storm Water Management System to the Association
upon completion and approval of such system by all applicable governmental authorities.
The proceeds of such a sale shall first be used for the payment of any debts or obligations
constituting a lien on the Common Property, then for the payment of any obligations
incurred by the Trustee in the operation, maintenance, repair and upkeep of the Common
Property. The excess of proceeds, if any, from Common Property shall be distributed
among Owners in a proportion which is equal to the proportionate share of such Owners
in Common Expenses.
Section 16.10. Execution of Documents. The approved plan for the development
of the Properties may require from time to time the execution of certain documents
required by governmental authorities. To the extent that said documents require the
joinder of Owners, Declarant by its duly authorized officers may, as the agent or the
attorney-in-fact for the Owners, execute, acknowledge and deliver such documents and
the Owners, by virtue of their acceptance of deeds, irrevocably nominate, constitute and
appoint Declarant, through its duly authorized officers, as their proper and legal attorneys-
in-fact for such purpose. Said appointment is coupled with an interest and is therefore
irrevocable. Any such documents executed pursuant to this Section shall recite that it is
made pursuant to this Section.
Section 16.11. Indemnification. The Association shall indemnify every officer,
director, and committee member against any and all expenses, including counsel fees,
reasonably incurred by or imposed upon such officer, director or committee member in
connection with any action, suit, or other proceeding (including settlement of any suit or
proceeding, if approved by the then Board) to which he or she may be a party by reason
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig revwpd
revised 080499 6 p.m. -70-
Jr ";iA~ RECORDS
BOOK PAGE,
,3109 0400
SEMINOLE CO. FL
of being or having been an officer, director, or committee member. The officers, directors,
and committee members shall not be liable for any mistake of judgment, negligent or
otherwise, except for their own individual willful misfeasance, malfeasance, misconduct,
or bad faith. The officers and directors shall have no personal liability with respect to any
contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent that such officers or directors may also be Members of the
Association), and the Association shall indemnify and forever hold each such officer and
director free and harmless against any and all liability to others on account of any such
contract or commitment. Any right to indemnification provided for herein shall not be
exclusive of any other rights to which any officer, director, or committee member, or
former officer, director, or committee member may be entitled. The Association shall, as
a Common Expense, maintain adequate general liability and officers' and directors'
liability insurance to fund this obligation, if such insurance is reasonably available.
Section 16.12. Prohibited Actions. Notwithstanding anything contained herein
to the contrary, the Association will perform no act nor undertake any activity which will
violate its non-profit status under applicable state or federal law.
Section 16.13. Singular, Plural and Gender. Whenever the context so permits, the
use of the singular shall include the plural and the plural shall include the singular, and
the use of any gender shall be deemed to include all genders.
Section 16.14. Construction. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the operation of the
Property .
Section 16.15. Conflicts. In the event of conflict between the terms of this
Declaration and any Bylaws, rules, regulations or Articles of Incorporation of the
Association, this Declaration shall control.
Section 16.16. Partial Invalidity. The invalidation of anyone of these covenants
by judgment or court order shall in no way affect any of the other provisions, which shall
remain in full force and effect.
ARTICLE 17
PROVISIONS FOR THE BENEFIT OF THE CITY OF WINTER SPRINGS
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. -71-
Jff It:-.
BOOK
"";.0"'0. ~
_ !\'-'-' I' v
PAGE
3109 0401
SEHINOLt co. fL
The following provisions have been required by the City of Winter Springs as a
condition of approval of the Plat.
Section 17.1. Rights of City of Winter Springs; Violations of Statutes. Laws.
Ordinances. Codes and Regulations. Declarant hereby authorizes the City of Winter
Springs to enforce the provisions of Article 7, Sections 7.1,7.6,7.7,7.8, 7.9 and Subsection
7.11.4; Article 9, Sections 9.2 and 9.8; Article 10, Sections 10.1 and 10.2; Article II, Section
11.3; all of Article 12; all of Article 13; and all of this Article 17, as a third party beneficiary
of such provisions. Notwithstanding any covenant, condition, easement or restriction
established herein to the contrary, all Owners shall comply with all applicable laws,
statutes, ordinances, regulations and codes affecting the Lots, and no Owner shall have the
right to violate any applicable law, statute, ordinance, regulation or code.
Section 17.2. Declarant's Obligation to Comply with City Requirements.
Notwithstanding anything contained in Article 7, Section 7.1; Article 11, Section 11.3;
Article 12, Sections 12.4, 12.29 and 12.30, or elsewhere herein to the contrary, the
Declarant, or its successors or assigns who assume responsibility for development of the
Property, shall comply with the conditions for development established by the City of
Winter Springs, including, but not limited to, creation of all landscape buffers, vegetative
buffers and Common Area improvements required by the City, and compliance with all
zoning ordinances and sign ordinances. These matters, and others, are governed by
ordinances, codes or regulations of the Governmental Authorities having jurisdiction of
the Property, or are contractual between the Declarant and the City, and this provision
does not (1) constitute any warranty or representation by the Declarant to any Owner or
to the Association, (2) make the Association or any Owner a third party beneficiary of any
commitments or agreements between the City and Declarant, (3) create any private right
of enforcement for the benefit of the Association or any Owner, or (4) otherwise amend,
modify or affect any applicable agreement, order, ordinance, code or regulation.
Complaints by Owners or by the Association alleging violations of City ordinances, codes,
requirements or regulations shall be addressed to the City of Winter Springs or other
appropriate Governmental Authority, and shall not be presented to the Board of Directors.
Unless the lands involved are Common Property that has been conveyed to the Association
by the Declarant pursuant to this Declaration, the Association shall not intervene in any
dispute involving the City and the Declarant concerning development of the Property or
com pliance with City ordinances, codes, regulations or agreements to which the
Association is not a party.
Section 17.3. Owners' Obligation to Comply with City Requirements.
Notwithstanding anything contained in Article 10, Section 10.1; Article 11, Section 11.3; or
G:\Legal\A VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 0804996 p.m. - 72-
Jr- r- . ..... I .) 1
t r l'vIM~
BOOK
· 'OuO'
. c..... J\ v
PAGE
3109 0402
SEMINOLE. CO. fL
Article 12, Sections 12.1 through 12.30, or elsewhere herein to the contrary, all Owners
shall comply with the ordinances, codes and regulations of the City of Winter Springs as
applicable to ownership, use and maintenance of their Units, including, but not limited to,
compliance with all zoning ordinances and sign ordinances. These matters, and others,
are governed by ordinances, codes or regulations of the Governmental Authorities having
jurisdiction of the Property, and this provision does not (1) constitute any warranty or
representation by any Owner to the Declarant or to the Association, (2) make the
Association or Declarant a third party beneficiary of any rights of the City, (3) create any
private right of enforcement for the benefit of the Association or the Declarant, or (4)
otherwise amend, modify or affect any applicable agreement, order, ordinance, code or
regulation. Complaints by the Declarant or by the Association alleging violations of City
ordinances, codes, requirements or regulations shall be addressed to the City of Winter
Springs or other appropriate Governmental Authority, and shall not be presented to the
Board of Directors. Unless the lands involved are Common Property that has been
conveyed to the Association by the Declarant pursuant to this Declaration, the Association
shall not intervene in any dispute involving the City and an Owner concerning compliance
with City ordinances, codes, regulations or agreements to which the Association is not a
party.
Section 17.4. City Ordinance Conceming Political Signs. According to the Land
Development Coordinator of the City of Winter Springs, the following language is
contained in Section 16-80 of the City Code, and such Code is in effect and applies to the
Units to be developed on the Property as of the date of recording this Declaration:
"Political signs may be erected as individual candidates qualify. Signs may remain
erected unit (sic) [until?] forty-eight (48) hours after the last election in which the
candidate is entered. Each sign ......, except on developed residential lots each sign
shall not exceed six (6) square feet in area." (sic)
Nothing contained in Article 12, Section 12.4 shall be deemed to authorize any
Owner to violate the provisions of the City Code or other applicable ordinances or
regulations of the Governmental Authorities concerning political signs. In the event of a
conflict between the terms and conditions of this Declaration, as it may be amended from
time to time, and any City Code, ordinance or regulation as they may be amended from
time to time, all Owners by acceptance of a deed to their Unit are deemed to agree that the
more restrictive conditions (either the Declaration or the City Code, ordinance or
regulation) shall take precedence over any less restrictive conditions.
G:\LegallA VS\Orlando\Parkstone\080499 prkstn deer irrig rev.wpd
revised 080499 6 p.m. - 73-
.
ijFF IClt
aOOK
U:':C:OROS
PAGE
3,09 0403
SEMINOLE CO. FL
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed
on its behalf as of this ~ day of '-:Y \,<.-y> e I 19 ? 9.
WITNESS
DECLARANT
S~~L
:J'jl.l Sc.LL",~--r;-/
CO . \..,D~~jJ-'\.
CO . \~c\u)r,( ~
CENTEX HOMES, a Nevada general
partnership
By: Centex Real Estate Corporation,
a Nevada corporation, its managing
general partner
ePera, Division President
STATE OF FLORIDA ~
COUNTY OF SEMINOLE ~
The foregoing instrument was acknowledged before me this 'd.\.\.~" day of
~,");"e I 193I1, by Gregory L. LePera, Division President of Centex Real Estate
Corporation, a Nevada corporation, managing general partner of Centex Homes, a Nevada
general partnership, who is personally known to me, or who produced a valid Florida
driver's license as identification, and did not take an oath.
S.WC10J~~
Notary Public, State of Florida
Notary's Name Printed:
My Commission Expires:
,.'$.9.\:'ft.~o S. WOODWORTH
~:( ~.; :.~ MY COMMISSION # CC 579327
<.J.i~~~' EXPIRES: September 20, 2000
'.,9r.,r,(," Bonded TI1ru Notary Public Underwrlt8rs
9 :\legal\dccr\prkstn6. dcr
revised 61599
-75-
'~
Jft ,CIA:" RECORDS,
BOOK PAGE
3109 0404
SEMINOLE. CO. FL
EXHIBIT" A"
DESCRIPTION OF PROPERTY SUBJECTED TO THE PROVISIONS OF THIS
DECLARATION
Lots 1 through 142, both inclusive, and Tracts E, F, H, I, J, K and L of
Parkstone, Unit I, a subdivision of the City of Winter Springs, Florida,
according to the Plat thereof recorded in Plat Book e;(., , Pages_
\l- 'l.t of the Public Records of Seminole County, Florida.
)
>0) 487-60"13 06/24/99 10: Fl Dept of State pI /2 EXHIBIT".B "
"~H~~~HHHH~~HHH~HH.~H~
..~ f ~ ~
.~~ te 0 _,.JJ I, H
.~ ~ta .,,- ~- ~.... Orilla B
~ ~ B
~ ~
.~ ~
~ B
.~ jrpartmrnt of t;tatr ~
~ ~
'Y{5 ~
!~ I certify the attached is a true and correct copy of the Amended and ~
~ Restated Articles of Incorporation, filed on June 24, 1999, for PARKSTONE ~
.~ COMMUNITY ASSOCIATION, INC., a Florida corporation, as shown by the ~
~ records of this office. ~
,~ I further certify the document was electronically received under FAX aUdit~Bg
~ number H99000014598. This certificate is issued in accordance with ~~
~~8 section 15.16, Florida Statutes, and authenticated by the code noted below~~B~
~ ~
~ The document number of this corporation is N98000003689. ~
~ Given under my hand and the ~
.~ Great Seal of the State of Florida, ~
~ at Tallahassee, the Capital, this the ~
~ Twenty-fourth day of June, 1999 ~~~~
.~ Authentication Code: 099A00033611-062499-N98000003689-1/1 ~
~ ~
~ ~
.~ 0
I ~
.~
~
~
I~
;~
~
.'~
i :JC.~ :#4' ,>'.5
,~ ~", co~.;; ~ ~ ~tllerilte ~urri5 ~
}I CR2E022 (1-99) c~~hcrpfHrlJ of~hxtt' ~
~~K~~~~~~~~~~~~~~~~~~
EXHIBIT. B
I.CONTINUED
H990000145989
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF
PARKSTONE COMMUNITY ASSOCIATION, INC.,
a Florida corporation, Not-for-Profit
Whereas, the original Articles of Incorporation ofthe Association were filed, and the
Certificate of Incorporation was issued by the Secretary of State of Florida on June 24, 1998,
under document number N98000003689 and
Whereas, the Directors of the corporation are Greg LePera, Mike Kane and Dan
Kaiser, and
Whereas, on the date of execution of these Amended and Restated Articles of
Incorporation the sole owner of all of the lands made subject to the Association and the sole
Member of the Association is Centex Homes, a Nevada general partnership, acting herein
by and through its managing general partner, Centex Real estate Corporation, a Nevada
corporation, and
U)
.......
o
U)
00<
O'
O'
?l:'
1
(/)
f'Tl
Whereas, the Board of Directors and sole Member of the Association desire to~
amend and restate the Articles of Incorporation to change the names and addresses of the 5
principal office of the corporation, and to provide additional information and governance ~
to the corporation, now g
...,
Therefore, the Association, acting herein through its duly appointed Board of .-
Directors, and joined by the sole Member, hereby adopts the following Amended and
Restated Articles of Incorporation.
C)
.s:-~
o G)
CJ'\fT1
In compliance with the requirements of Chapter 617, Florida Statutes, the
undersigned persons do hereby make, subscribe and acknowledge that they have
voluntarily associated thewselves together for the purpose of forming a corporation not-
for-profit, the articles of incorporation of which read as follows. All capitalized words or
phrases used herein shall have the meanings herein ascribed, and if not defined in this
Burgess N, Trank, Jr.
Centex Homes
385 Douglas Avenue, Suite 1000
Altamonte Springs, FL 32714
H990000145989
1
EXHIBIT U B
U.CONTINUED
H990000145989
instrument, such capitalized words or phrases shall have the meanings given in the
Declaration of Covenants, Conditions and Restrictions for Parkstone, hereinafter identified.
ARTICLE I
NAME
The name of the corporation is Parkstone Community Association, Inc., hereinafter
referred to as the "Association" or the "Community Association".
ARTICLE II
PRINCIPAL OFFICE
"
The principal office ofthe Association is located at 385 Douglas Avenue, Suite 2000,
Altamonte Springs, Florida, 32714.
ARTICLE III
REGISTERED OFFICE AND REGISTERED AGENT
The registered office of the Association shall be at 385 Douglas Avenue, Suite 2000, ~
Altamonte Springs, Florida, 32714, with the privilege of having its office and branch offices
at other places within or without the State of Florida. The registered agent at that address
shall be CENTEX REAL ESTATE CORPORATION (herein referred to as "Centex").
ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or profit to the members
thereof, will make no distribution of income to its members, directors or officers and the
specific purposes for which it is formed are to provide for the ownership, operation,
maintenance and preservation of the Common Area, Common Maintenance Areas, and for
the maintenance and improvement of any easements granted to the Association within the
H990000145989
2
(fl
fT\
:t
%
o
r-
~
(")
o
w
...... ale
C)-T
0 0""
'-.0 ~~
:;
;
-
~
.
C) {
-Vi
.- ~:
0 G>'
~
-J
CXHIBIT II B
U.CONThqUED
H990000145989
lands identified as Parkstone (the "Association Properties ") pursuant to that certain
Declaration of Covenants, Conditions and Restrictions for Parkstone, recorded in the Public
Records of Seminole County, Florida, (hereinafter called the "Declaration"), and such
additional properties as may be added thereto from time to time by annexation or
otherwise as provided in the Declaration and in these Articles. The Association is formed
to promote the health, safety and welfare of its members and the residents within the
Association Property and any additions thereto as may hereafter be brought within the
jurisdiction of this Association, and to:
(a) Exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in the Declaration which is hereby incorporated
into this instrument as is fully reproduced herein;
(b) Fix, levy, collect and enforce payment of, by any lawful means, all charges
or assessments pursuant to the terms of the Declaration; to pay all expenses in connection
therewith and all office and other expenses incident to the conduct of the business of the
Association, including all licenses, taxes or governmental charges levied or imposed
against the property of the Association;
(c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon,
operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose
of real or personal property in connection with the affairs of the Association;
(d) Borrow money, and with the assent of two-thirds (2/3) of the votes of each
class of Members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or
personal property as security for money borrowed or debts incurred;
(e) Dedicate, sell or transfer all or any part of the Common Area to any Public
Agency or authority or utility for such purposes and subject to such conditions as may be
agreed to by the Members. Such dedication or transfer shall only be effective with the
assent of two-thirds (2/3) of the votes of each class of Members, agreeing to such
dedication, sale or transfer;
(f) Participate in mergers and consolidations with other not-for-profit
corporations organized for the same purposes or annex additional residential property and
Common Area, provided that any such merger, consolidation or annexation shall have the
assent of two-thirds (2/3) of the votes of each class of Members; and
H990000145989
3
CoA)
....! 014
(.I) O'
(T\ <:) 0"
:t \.0 ~
%
0
r
......
(") C)
0 '1
." .::- ):
0 G
r- r-
eo
l:XH1BIT II
B li-CONTIj\jJcU
H990000145989
(g) Purchase, lease, hold, sell, mortgage or otherwise acquire or dispose of
interests in, real or personal property, except to the extent restricted hereby; to contract for
the management and maintenance of the Common Area and Common Maintenance Areas
and to authorize a management agent to assist the Association in carrying out its powers
and duties by performing such functions as the submission of proposals, collection of
assessments, preparation of records, enforcement of rules and regulations, repair and
replacement of the Common Area and Common Maintenance Areas with funds as shall be
made available by the Association for such purposes. The Association and its officers
shall, however, retain at all times the powers and duties granted by the Declaration,
including but not limited to the making of assessments, promulgation of rules and
execution of contracts on behalf of the Association;
(h) Have and to exercise any and all powers, rights and privileges which a
corporation organized under the corporation not.for profit law of the State of Florida, by
law may now or hereafter have to e?<ercise.
i
ARTIC~E V
w
.......
o
\D
OJ'~
0"'"
0-"
~-
("':
~
r-
(f)
rn
;E
Section 5.1 Every Owner of a Lot or Unit within the lands subjected to ~
Declaration (as defined in the Declaration), including Declarant and any Builders, shall ~
a Member ofthe Association. Memberships in the Association shall be appurtenantto ang
may not be separated from ownership of any Lot or Unit. :."
r-
MEMBERSHIP
C)
~
o
\J)
-
...
f"1
(-
-oc
l>;:
oc
r"l(,
Section 5.2 There shall be three (3) classes of Members as follows:
(a)
Class A Members. Class A Members shall be all Owners with the
exception of Declarant and any Builders.
(b)
Class B Members. The Class B Member shall be Declarant or its
specifically designated (in writing) successor who shall remain a
member so long as it owns a Lot or Unit subject to the Declaration;
provided that the Class B membership shall cease and be converted
to Class A membership as set forth in Section 6.3 hereof.
H990000145989
4
EXHIBIT II B
II.CONTINUED
H990000145989
(c) Class C Members. The Class C Members shall be all Builders, except
the Declarant, owning Units or Lots subject to the Declaration;
provided that the Class C membership shall cease and be converted
to Class A membership as set forth in Section 6.3 hereof.
ARTICLE VI
VOTING RIGHTS
Section 6.1. Members of the Association shall be allocated votes as follows:
Class A. Each Class A Member shall be entitled to one vote for each Lot or
Unit owned. For the purposes of determining voting rights, each Lot or Unit owned by a
Class A Member shall be deemed entitled to one (1) vote regardless of the number of
persons sharing common ownership interests.
Class B. The Class B Member shall be allocated three (3) votes for each Lot
or Unit owned by it within the Association Property; provided, that at such time as ~
Class B membership shall cease and become converted to Class A membership as setfor~
in Section 6.3, the Declarant shall have one vote for each Unit or Lot owned by it within t~
Association Property. ,....,
("'")
o
, . .
Class C. Class C Members shall have one (1) vote for each Lot or Unit the~
own in the Association Property; provided, that at such time as the Class C membership
shall cease and become converted t<;> Class A membership as set forth in Section 6.3, the
Builders shall have one vote for each Unit or Lot owned by it within the Association
Property .
W
-...I
<:::)
\D
o
..
O.lc.;
0""
0""
::J:.n
>>
r
-;:J
fT'
C
\lC
J>:X
C>C
~u
-
c
Section 6.2. When any Unit or Lot is owned of record in the name of two or more
persons or entities, whetl;1er fiduciaries, joint tenants, tenants in common, tenants in
partnership, or in any other manner of joint or common ownership, or if two or more
persons or entities have the same fiduciary relationship respecting the same property, then
unless the instrument or order appointing them or creating the tenancy otherwise directs
and it, or a copy thereof, is filed with the secretary of the Association, such Owner shall
select one official representative to qualify for voting in the Association and shall notify in
H990000145989
5
i:XH1l3lT II 13
i,. GONlll~U I:.LJ
H990000145989
writing the Secretary of the Association of the name of such individual. The vote allocated
to any Unit or Lot (including Units or Lots owned by the Declarant or a Builder) may not
be divided or cast in any fraction, and the vote of each official representative shall be
considered to represent the will of all the Owners of that Lot or Unit. If the Owners fail to
designate their official representative, then the Association may acceptthe person asserting
the right to vote as the voting Owner until notified to the contrary by the other Owner(s).
Upon such notification no affected Owner may vote until the Owner(s) appoint their
official representative pursuant to this paragraph.
Section 6.3. The Declarant's Class B membership status shall continue, and shall
be in effect, during the period from the inception of the Declaration until either (1) seven
(7) years from the date the Declaration is recorded; or (2) five (5) years after the date of
recording of the last Supplemental,Declaration annexing additional property into this
Association, whichever event, (1) or (2) occurs, Jater; or (3) upon recording of a voluntary
written notice executed by the Declarant or its duly authorized successor or assignee
electing to convert its Class B status to Class A; or (4) if the Declarant's Class B membership
status in the Association as described in the Declaration has been converted to Class A,
then, ninety (90) days after the conveyance of the Unit within this Association to a Class
A Member that causes the total number of votes held by all Class A Members of this
Association to equal the number of votes in this Association held by the Class B Memb~
whichever event, (1), (2), (3) or (4), occurs first; provided however, that if Class B status ~
converted to Class A pursuant to clause (4) and, subsequent to such event, the Declara~
annexes additional Lots to this Community Association which annexation causes th{f
num ber of Lots or Units owned by the Declarant to exceed twenty-five percent (25 % ) of th~
total num ber of Lots and Units within all Association Property, Declarant's Class B statuS"'l
shall be restored as to all Lots and Uruts then owned by Declarant, and shall continue untif
the next occurrence of an event of conversion described above.
UJ
-J
o
\D
CP~
o-M
0-'-
~-
c-:
>:
r'
o
.t::"'
".
r
(
~(
~:
C')l
rTl'
-
-
Section 6.4. The Declarant shall have the right to partially assign its status as
Declarant and Class B Member by recorded instrument executed by the original Declarant
and acknowledged and accepted by the assignee Declarant to any person or entity
acquiring any portion of the Property, or adjacent lands eligible for annexation into the
Property, for the purpose of development of a residential subdivision, and any such
assignee shall thereafter be deemed to be the peclarant as to the Lots or Units owned by
such person or entity, and shall have the right to exercise all of the rights and powers of the
Declarant as to such Lots and Units, while, at the same time, the original Declarant shall
continue to exercise the rights and powers of the Declarant as to all Lots and Units owned
H990000145989
6
EXHIBIT II B
II.CONTINUED
H990000145989
by such original Declarant. If any action of the Association, requires the approval, consent
or vote of the Declarant, and the original Declarant has partially assigned its rights as
Declarant to others pursuant to this paragraph, the consent or vote of all such Declarants
shall be required to satisfy the requirement of consent by the Declarant.
ARTICLE VII
BOARD OF DIRECTORS
Section 7.1 The names and addresses ofthe members ofthe Board of Directors who
shall hold office until the annual meeting of the members and until their successors are
elected or appointed and have qualified, are as follows:
Mike Kane
,
ADDRESS
W
385 Douglas Avenue" Suite 2000, U> -.J C1C
tT1 C) O"Tl
Altamonte Springs, Florida 32714 :r 0"
\.0 A-
:z: 0
0 1>
385 Douglas Avenue" Suite 2000, r r
I'T!
Altamonte Springs, Florida 32714 (") :::u
rT1
0 0 ('")
";Tf .z:- -uo
l>~
385 Douglas Avenue" Suite 2000, r - Po.
N "1(1)
Altamonte Springs, Florida 32714
NAME
Greg LePera
Dan Kaiser
Section 7.2 The affairs of the Association shall be managed by a Board of Directors
as provided in and subject to the requirements of Article IV the Bylaws. Such Board of
Directors shall consist of an odd number of directors with a minimum of at least three (3)
directors and a maximum of no more than seven (7) directors. Directors need not be
Members of the Association and need not be residents of the Association Property. Each
Director shall serve for a term from the date of the meeting at which he is elected until the
next annual meeting subject to the provisions governing resignation, death, disability,
removal and replacement set forth in the Declaration, Bylaws and this instrument.
ARTICLE VIII
AMENDMENTS
H990000145989
7
EXHiBIT II 13
II-CONT1NUtiD
H990000145989
Section 8.1 Proposal. An amendment or amendments to these Articles of
Incorporation may be proposed by the Board of Directors of the Association acting upon
a vote of the majority of the Directors, or by a majority of the Members of the Association,
whether meeting as Members or by instrument in writing signed by them. Upon any
amendment or amendments to these Articles of Incorporation being proposed by the
Board of Directors or Members, such p.roposed amendment or amendments shall be
transmitted to the President of the Association, or the acting chief executive officer in his
absence, and a Meeting of the Members of the Association shall be called not later than
sixty (60) days from the receipt by him of the proposed amendment or amendments.
Section 8.2 Notice. It shall be the duty of the Secretary to give each Member written
notice of such meeting, stating the proposed amendment or amendments in reasonably
detailed form, which notice shall be prepared by and at the expense of the Community
Association and mailed by the Community Association or presented personally to each
Member not less than thirty (30) days nor more than sixty (60) days before the datesetfor W
the meeting. If mailed, such notice shall be deemed to be properly given when deposites., -.1
in the United States mail, addressed to the Member at his post office address as it appea~ 0
on the records of the Association, with postage thereupon prepaid. Any Member J;l1ay, b)t:. \.0
written waiver of notice signed by such Member, waive such notice, and such waiver whe:?
rn
filed in the records of the Community Association, whether before, during or after th~
holding of the meeting, shall be deemed equivalent to the giving of such notice to suc!!? ~
Member. The notice shall also contain a copy of a proxy that can be cast in lieu of] c'_
attendance at the meeting. If the Community ,Association has, or is planned to have, 250 c.w-
Members or less - the quorum for any such meeting shall be no less than 20% of the total
number of votes. If the Community Association has, or is planned to have, more than 250
Members but less than 1000 Members - the quorum for any such meeting shall be no less
than 10% of the total number of votes. If the Community Association has, or is planned
to have, more than 1000 Members - the quorum for any such meeting shall be no less than
5% of the total number of votes. The foregoing requirements are minimum requirements,
however, more stringent requirements imposed elsewhere in these Articles of
Incorporation or in the Declaration, or pursu~nt to applicable laws or regulations shall
supersede the requiremenf$ contained in this S~ction and the Association shall be bound
by such more restrictive requirements as if fully reproduced herein.
we
0""
0""
~c=
::t;
r
:::
~
'=
-0::
J;>>;;
ClC
rq~
Section 8.3 Resolution. At the meeting at which the amendment is to be proposed
and considered, a resolution for the adoption of the proposed amendment may be made
by any member of the Board of Directors of the Association, or by any Member of the
H990000145989
8
EXH,OI (l' 73
". ~ONT'INul:D
H990000145989
Association, present in person or by proxy. The approval of a resolution for the adoption
of a proposed amendment to these Articles of Incorporation shall require the affirmative
vote of a majority of the members of the Board of Directors of the Association.
Section 8.4 Approval. Amendments may be approved by the Members, after receipt
of notice as set forth above, either (1) by the affirmative vote of at least 67% of the Class A
Members (Le. all Members except the Declarant and any Builder who retain Class B or
Class C status) who are present, in person or by proxy, and voting at a meeting called as
described in the notice and conducted by the Community Association at which a quorum
is present, and the vote of the Declarant, or (2) by the written consent of at least 67% of all
Class A Members and the Declarant (if the Declarant then retains Class B status) to any
action taken in lieu of a meeting. In addition to the approval of the Members and the
Declarant set forth above, the following conditions shall apply:
a. Any Material Amendment or Extraordinary Action (as
defined in the Declaration) that changes the rights of any specific class of Members (Le.
Class A; Class B; or Class C) must also be approved either (1) by the affirmative vote of ah
least 51 % of the Members of such Class who are present, in person or by proxy, and votin~
at meetings called as described in the required notice at which a quorum of such Class ~
Members is present, or (2) by the written consent of at least 51 % of all Members of suc~
Class to any action taken in lieu of a meeting. n
o
--n
b. Any Material Amendment or Extraordinary Actiorr
proposed during the period in which the Declarant retains its Class B status must also be
approved by the Federal Housing Administration ("FHA"), and the DepartmE!nt of
Veterans Affairs ('IV A") if any Unit within the Property has been financed by a mortgage
insured by FHA or guaranteed by VA. The Association shall deliver written notice of the
proposed Material Amendment or Extraordinary Action to the FHA and VA
simultaneously with its notice to the Members. 'If the FHA or VA fails to deliver written
notice to the Association of its objection to tl1e proposed Material Amendment or
Extraordinary Action within 30 days after receipt of the notice, FHA and VA will be
deemed to have approved the matters contained in the notice, and the Association shall be
entitled to record an affidavit signed by an authorized officer averring that written notice
was delivered to the FHA and V A and no objection was timely received from such
agencIes.
c.-:>
..;.J
o
u:)
mc
o~
0""
=^C=
J;
r-
o
.s:-
"
~
.
(
-0::
J;l-;
CH
rn<
...-
-
H990000145989
9
EXHiBiT II ,8
Ii-CONTINUED
H990000145989
Notwithstanding the foregoing, during the period in which the Declarant
retains the status of the Class "B" Member, the Declarant shall have the right to amend
these Articles of Incorporation, without the necessity of joinder by the Members or any
other persons or entities, to make nonsubstantial changes that do not materially or
adversely affect the interests of other Members or other affected parties, and to clarify any
am biguities or conflicts, or correct any scriveners' errors in these Articles of Incorporation.
Section 8.5 Limitation. No amendment shall make any changes in the qualification
for membership nor in the voting rights or property rights of Members, nor any changes
in the provisions of Article N hereof, without approval of sixty-seven percent (67%) of the
votes of each class of Members and the joinder of all Eligible Holders (as defined in the
Declaration) of mortgages upon Units. No amendment shall be made that is in conflict
with the Declaration, nor shall any amendment make any changes which would in any way
affect any of the rights, privileges, powers or options herein provided in favor of or
reserved to the Declarant, or the designated successor of the Declarant, unless the
Declarant or such successor shall join in the execution of the amendment.
(n
Section 8.6 Recording. Any amendment or amendments of these Articles oft.
Incorpora tion shall be transcribed and certified in such form as may be necessary to file theS
same in the office of the Secretary of State of the State of Florida. A certified copy of each~
amendment of these Articles of Incorporation shall be recorded in the Public Records ofg
Seminole County, Florida, within thirty (30) days from the date on which the same is filed :."
and returned from the office of the Secretary of State. .-
W
-.J
o
\.0
WC
o-n
C> ."
::Y.(=3
J;>
r-
o
.r:-
.0"-
r'"
C
"'tl~
~;:
c;")c
rot.
c.n
ARTICLE IX
OFFICERS
The affairs of the Association will be administered by the officers designated in the
Bylaws of the Association. Said officers will be elected by the Board of Directors at its first
meeting following the annual meeting of Members of the Association and will serve atthe
pleasure of the Board of Djrectors. The names and addresses of the Officers who are to
manage the affairs of the Association until the annual meeting of the Board of Directors
and until their successors are duly elected and qualified are:
PRESIDENT - Greg LePera
VICE PRESIDENT - Mike Kane
H990000145989
10
EXHiBiT II P
li.CONTINUEO
H990000145989
SECRETARY/TREASURER - Dan Kaiser
ARTICLE X
INDEMNIFICATION
Section 10.1 IndemnihJ. The Association shall indemnify any person who was or is
a party or is threatened to be made a party to any threatened, pending or completed action,
suit or proceeding, whether civil, criminal, administrative, or investigative, by reason of
the fact that he is or was a Director, employee, officer or agent of the Association, against
expenses (including attorneys fees and appellate attorneys' fees), judgments, fines and
amounts paid in settlement actually and reasonably incurred by him in connection with
such action, suit or proceedings, if he acted in good faith and in a manner he reasonably
believed to be in or not opposed to the best interest of the Association, and, with respect
to any criminal action or proceedings, has no reasonable cause to believe his conduct was
unlawful, except that no indemnification shall be made in respect of any claim, issue or W
matter as to which such person shall have been adjudged to be liable for gross neglige~ -.J
or misfeasance or malfeasance in the performance ~f his duty to the Association, unless a~ ~
only to the extent that the Court in which such action or suit was brought shall determi~
upon application that despite the adjudication of liability, but in view of all of t~
circumstances of the case, such person is fairly and reasonably entitled to indemnity f~ 0
such expenses which such Court shall deem proper. The termination of any action, suit [if ~
proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendre <iP -
its equivalent shall not, of itself, create a presumption that the person did not act in good C1'
faith and in a manner which he reasonably believed to be in or not opposed to the best
interest of the Association, and with respect tq any criminal action or proceeding, had
reasonable cause to believe that his conduct was unlawful.
03C
0'"
0'"
~c=;
.-
~
r--
::0
r"'
(-:
-u:=
"P':;X
ClC
f-" ('
Section 10.2 Expenses. To the extent that a Director, officer, employee or agent of the
Association has been successful on the merits or otherwise in defense of any action, suit or
proceeding referred to in Section 10.1 above, or in defense of any action, suit or proceeding
referred to in Section 10.1 above, or in defense ot any claim, issue or matter therein, he shall
be indemnified against expenses (including attorneys' fees and appellate attorneys' fees)
actually and reasonably incurred by him in connection therewith.
Section 10.3 Approval. Any indemnification under Section 10.1 above (unless
ordered by a Court) shall be made by the Association only as authorized in the specific case
upon a determination that indemnification of the Directors, officers, employees or agent
H990000145989
11
EXHIBIT II B
II.CONTU~UED
H990000145989
is proper under the circumstances because he has met the applicable standard of conduct
set forth in Section 10.1 above. Such determination shall be made (a) by the Board of
Directors by a majority vote of a quorum consisting of Directors who were not parties to
such action, suit or proceeding, or (b) if such quorum is not obtainable, or, even if
obtainable, if a quorum of disinterested Directors so directs, by independentlegal counsel
in a written opinion, or by a majority of the Members.
Section 10.4 Advances. Expenses incurred in defending a civil or criminal action, suit
or proceeding may be paid by the Association in advance of the final disposition or such
action, suit or proceeding as authorized by the Board of Directors in any specific case upon
receipt of an undertaking by or on behalf of the affected Director, officer, employee or
agent to repay such amount unless it shall ultimately be determined that he is entitled to
be indemnified by the Association as authorized in this Article X.
Section 10.5 Miscellaneous. The indemnification provided by this Article shall not
be deemed exclusive of any other rights to which those seeking indemnification may be ~ 0:
entitled under any Bylaw, agreement, vote of Members or otherwise, and shall continue ~ 0 ~
as to a person who has ceased to be a Director, officer, employee or agent and shall inure ~ \.0 :;:l
to the benefit of the heirs and personal representatives of such person. E
r-
rT'I
00
Os;:-
..,,-
r-
Section 10.6 Insurance. The Association shall have the power to purchase and
maintain insurance on behalf of any person who is or w~s a Director, officer, employee or
agent of the Association, as a Director, officer, employee or agent of another corporation,
partnership, joint venture, trust or other enterprise, against any liability asserted against
him and incurred by him in any such capa~ity, or arising out of his status as such, whether
or not the Association would have the power to indemnify him against such liability under
the provisions of this Article.
ARTICLE XI
BYLAWS
The first Bylaws of the Association will be adopted by the Directors named herein,
and may be altered, amended, or rescinded in the manner provided by said Bylaws. Any
Bylaws adopted by the Board of Directors shall be consistent with these Articles.
ARTICLE XII
H990000145989
12
-..J
EXHIBIT 11:B II.CONTINUED
H990000145989
TRANSACTIONS IN WHICH DIRECTORS OR OFFICERS
ARE INTERESTED
Section 12.1 No contract or transaction between the Association and one or more of
its Directors or officers, or between the Association and any other corporation, partnership,
or Association, or other organization in which one or more of its Directors or officers are
Directors or officers have a financial interest, shall be invalid, void or voidable solely for
this reason, or solely because the Director or officer is present at or participates in the
meeting of the Board or committee thereof which authorized the contract or transaction,
or solely because his or their votes are counted for such purpose. No Director or officer of
the Association shall incur liability by reason of the fact that he is or may be interested in
any such contract or transaction.
Section 12.2 Interested Directors may be counted in determining the presence of a
quorum at a meeting of the Board of Directors or of a committee which authorized the
contract or transaction.
ARTICLE XIII
SUBSCRIBER
The name and address of the subscriber to these Articles of Incorporation is:
Centex Homes
385 Douglas Avenue" Suite 2000,
Altamonte Springs, Florida 32714
ARTICLE XIV
DISSOLUTION
The Association may be dissolved with the assent given by not less than two-thirds
(2/3) of the votes of each Class of members. Upon dissolution of the Association, other
than incident to a merger or consolidation, the assets of the Association shall be disposed
of or transferred to another association or appropriate public agency having similar
purposes. Dissolution of the Association shall be deemed an Extraordinary Action and
H990000145989
13
(.f)
f11
:t
X
o
I
fT!
("')
o
"'Tl
r-
W
-J WC
o~
(:) 0"'"
\D ~o
:P
I
:x
fT
(:) C
-uc
~ ~~
- C>c
CO mt.
EXHIBIT II B
II-CONTINUED
H990000145989
shall be subject to the provisions of these Articles of Incorporation and the Declaration
governing Extraordinary Actions.
ARTICLE XV
AMENDMENT AND RESTATEMENT OF ARTICLES
The foregoing Amended and Restated Articles of Incorporation having been duly
approved and adopted by the Board of Directors and the sole Member do hereby
supersede and completely replace the original Articles of Incorporation filed June 24, 1998.
IN WITNESS WHEREOF, the undersigned, being all of the duly appointed Directors
and the sole Member of the Association have executed these Amended and Restated
Articles of Incorporation this ) i.;J .day of ~ J(J..(I e..- , /? r 1 .
~EcfoR
~/~
MIKE KANE, DIRECTOR
c.f)
rTl
:t.
~
(")
,
~
("')
o
W
-J
<::)
\D
OJC
o-n
o-n
~c=:
-
'J>
\'
?
o
.",s:-
r-
<::
-0-':
~-.
C'>~
rnl
-
\D
~
DAN KAISER, DIRECTOR
CENTEX HOMES
a Nevada general partnership
By: Centex Real Estate Corporation
A Nevada corporation
By:
H990000145989
14
EXHiBIT II h
".CONTINUED
H990000145989
STATE OF FLORIDA
COUNTY OF SEMINOLE
J The foregoing instrument was acknowledged before me this &th day of _
\'<'1'1 e.... , 1999, by Greg LePera, Division President of Centex Real Estate
Corporation, a Nevada corporation, managing general partner of Centex Homes, a Nevada
general partnership, on behalf of the corporation. Said person did not take an oath and is
personally known to me.
/-r:- -
h jill Sc hL(L~ (~
Print e:
Notary Publi , State of Florida
Commission No.: .\\'"11111'111
~,\\, CHLA "I/.
My Commission Expires: :-.~~)-.~ .....~f:.i~/..
~ ..' ...v.\SS/ON J:'~..?> ~
~ .\:)~. ~. ~
~ ..:...r;] ~\.22.<a ~'. ~
::: :~ ~ ~ ~~ ~
~*: ..... :*~
::: 'Z . ICG . :::
:::~..~ 640749 :~::: (j')
~.-d.OA~ ~.s;:- ~
~ ~ ..~...,.. ol/ded \,,~ ~~.' 9:' ~ .. .
~:;t-,oc;.~lJbIiC Ul\\\t~.~ <<,~ 'Z
~IIII 'Blic oST~*- ~ ""~ %.
II"";""11\""~ ~
I The foregoing instrument was acknowledged before me this I ~ th day of :"
",U-t'l<:- , 1999, by Greg LePera, Mike Kane and Dan Kaiser who are person~
personally known to me, and did not take an o~ ~
STATE OF FLORIDA
COUNTY OF SEMINOLE
W
-.J
o
\.0
we;
C)-r
C)'"T"
~-
c-:
:t:
r-
?
o
.e-
r",)
o
(:
--u:
~::
CH
f"lC
I xh.l (''jd-e. r
Notary Publi , State of Florida ""'\111""",,,
Commission No.: f"''':...S~~}~~t7.III~~
~ ~ ..' ~\SSION ...[.-9 ~
My Commission Expires: :::.' _<:0~ €/-.o '0 ~
~ .. :.... ~ ~~ 22, <'a ~ -. -.:::.
= :~ ~ ~ ~~ :
=*: ..... :*=
- . . -
- ~ . ICG 0 49 . '<t"-
~o ..~ 64 7 ~:f;:~
-;;,:;:.\,o~8. ~,~'9=';::-
"',.~'. '" Ol/ded\i' ~(:'.' c:s;::-
..~ J-A'o.PlJbIiCUl\6t..~<<,v~
1'//. (,t8;......~ \)'~.:$f'
"/1, ~'C STI\\" """
III'" I; '" II \I ,,"
H990000145989
15
EXHIBIT II ,B II-CONTINuED
H990000145989
CERTIFICATE DESIGNATING PLACE OF BUSINESS
FOR SERVICE OF PROCESS WITHIN THIS STATE,
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
Pursuant to Chapter 48.091, Florida Statutes, the following IS submitted In
compliance with said Act:
That, Parkstone Community Association, Inc., desiring to organize under the laws
of the State of Florida, with its principal offices at 385 Douglas Avenue, Suite 2000,
Altamonte Springs, Florida 32714, has named Centex Real Estate Corporation, whose office
is located at385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida 32714, as its agent
to accept service of process within the State.
ACKNOWLEDGMENT
(".)
Having been named to accept service of process for the above stated corporatiw-, -J
at the place designated in this Certificate, Centex Real Estate Corporation hereby acce@ 0
to act in this capacity, and agrees to comply with the provisions of said Act relative ~ \D
keeping open said office. ;2
r"I"
go
.r;:-'
N
(pC
o-n
0"'"
~n
:Po
r
CENTEX REAL ESTATE CORPORATION, ~
Nevada corporation
BY:~
Division President
""
r'
('
-oC
~;
c)C
rnc
-
H990000145989
16
E)\rUUI I" B "-CONTINUED
H990000145989
CERTIFICATE OF ADOPTION OF AMENDED AND RESTATED ARTICLES OF
INCORPORATION FOR
PARKSTONE COMMUNITY ASSOCIATION, INC.
a Florida not-for-profit corporation
Pursuant to Section 617.1007, Chapter 617 of the Florida Statutes, the Parkstone
Community Association, Inc., a Florida not-for-profitcorporation (herein referred to as the
1/ Association"), hereby certifies the following matters unto the Secretary of State of Florida.
The attached and foregoing Amended and Restated Articles of Incorporation bf
Parkstone Community Association, Inc., a Florida not-for-profit corporation, have been
duly adopted and approved by the Board of Directors of the Association, and by the sole
member of the Association.
c.,.)
-J
o
\D
O)'C
o~
o-r.
~.C::
-
);
f-
(f)
As of the date of approval of the Amended and Restated Articles of Incorporation,~
Centex Homes, a Nevada general partnership, is the owner of all of the land made subject~
to the Association, and, as such, is the sole member of the Association whose approval is ~
required. g
.
<::)
.r:-
~N
f')
?
.
r.
-at
J;>-:
C')l
rn
Pursuant to Section 617.1006, Chapter 617 of the Florida Statutes, Centex Homes, as
the sole member of the Association, has joined in the execution of the Amended and
Restated Articles of Incorporation to confirm its approval thereof, and hereby certifies to
the Secretary of State of Florida that it has approved the adoption of the Amended and
Restated Articles of Incorporation by the Board of Directors as of the date of execution of
this Certificate.
IN WITNESS WHEREOF, the undersigned, being all of the duly appointed Directors
and the sole Member of the Association have executed this Certificate of Adoption of
Amended and Restated Articles of Incorporation this ) ~ day of " iLL-VI c.-- ,
Iq 0i .
ERA,DIRECTOR, DIV. PRESIDENT
H990000145989
17
H990000145989
H990000145989
EXHIBIT U B u.CONTINUED
~L
MIKE KANE, DIRECTOR
~
DAN KAISER, DIRECTOR
CENTEX HOMES
a Nevada general partnership
By:
Centex Real Estate Corporation
A Nevada corporation
By:
18
ifl
f'T\
Z
:i:
o
.-
~
("")
o
.
c..w
-J
o
\.0
O]C
0'"
0"
~(
o
z:-j;
~ N ~
U)
EXHIBIT" C-
"
BYLAWS OF
P ARKSTONE COMMUNITY ASSOCIATION, INC.,
a Florida corporation, Not-for-Profit
ARTICLE I
GENERAL PLAN OF OWNERSHIP
Section 1. Name. The name of the corporation is PARKSTONE COMMUNITY
ASSOCIATION, INC., a Florida corporation, and is hereafter referred to as the
"Association" or "Community Association". The principal office of the corporation shall be
located in the State of Florida.
Section 2. Bylaws Applicability. The provisions of these Bylaws are applicable to the
Association created pursuant to the Declaration of Covenants, Conditions and Restrictions
for Parkstone recorded in the Public Records of Seminole County, Florida (herein referr~
to as the "Declaration"). All capitalized words or phrases used herein shall have t~
meanings herein ascribed, and if not defined in this instrument, such capitalized words q2
phrases shall have the meanings given in the Declaration or Articles of Incorporation of thlr
Association. g
."
I
Section 3. Personal Application. All present and future Owners of Lots or Units
within the Association Property (as defined in the Articles of Incorporation and Decl<;tration
of the Association) and their tenants, guests and invitees are subject to the regulations set
forth in these Bylaws.
The recording of a declaration authorizing the creation of a Community Association
and the mere acquisition of a Lot or acquisition or rental of any Unit or the mere act of
occupancy of any Unit signify that these Bylaws are accepted, ratified, and will be
complied with.
ARTICLE II
MEMBERSHIP, VOTING RIGHTS, MAJORITY
OF QUORUM, QUORUM, PROXIES
g: \ legal\ deer\ articles \PKSTN2. byl
revised 6159999
CN
......
C)
\D
OJC
C)"'T1
O"'T1
~O
:P
,-
o
s:-
N
;:.:
tT
("
-uc:
):O-~
c:>c
M(J
-
-
EXHIBIT II G "-CONTINUED
Section 1. Membership. Every Owner of a Unit or Lot, and every Builder owning any
Unit or Lot, by virtue of the ownership of such Unit or Lot, and the Declarant and its
successors and assigns, shall be Members of the Association, and by acceptance of a deed
or other instrument evidencing an ownership interest, each Owner, Builder and Declarant
accepts membership in the Association, acknowledges the authority of the Association as
herein stated, and agrees to abide by and be bound by the provisions of the Declaration,
the Articles of Incorporation, these Bylaws and other rules and regulations of the
Association. The term "Member" shall include each person or entity owning any right, title
or interest in any Unit or Lot, except persons or entities holding mortgages or other
security or trust interests unless such persons or entities also have the right of possession.
Tenants or others occupying any Unit who do not have an ownership interest therein shall
not be Members for the purposes of these Bylaws. Membership in the Association is
appurtenant to, and may not be severed from, the Unit or Lot. The rights and obligations
of a Member may not be assigned or delegated except as provided in the Declaration, the
Articles of Incorporation or these Bylaws of the Association, and shall automatically pass
to the successor-in-interest of any Owner upon conveyance of such Owner's interest in t~
Lot or Unit. Members shall be responsible for compliance with the terms and condition~
of the Declaration, the Articles of Incorporation and these Bylaws, and rules and5
regulations of the Association by all occupants, tenants, guests, invitees and familr
members while residing in or visiting any Unit, Common Area or other portion of theg
~~. ~
J
W
-J
o
\.0
toe
o~
0-
::J::.(
J
r
Section 2. Voting Rights. Members of the Association shall be allocated votes as
follows:
C>
1)
,f:"' >>:.
-f".) C)
tJ1rTf
Class A. Class A Members shall be all Owners with the exception of the
Declarant and any Builders. Each Class" A" Member shall be entitled to one vote for each
Lot or Unit owned.
Class B. The Class B Member shall be the Declarant, or its specifically
designated (in writing) successor. The Class B Member shall be allocated three (3) votes
for each Lot or Unit owned by it within the Property which is subject to assessment by this
Association; provided, that the Class B membership shall cease and become converted to
Class A membership as set forth in Section 4. Upon conversion to Class A membership,
the Declarant shall have one vote for each Unit or Lot owned by it within the Property so
long as said Unit or Lot is subject to assessment by the Association.
g: \ legal\ dccr\ articles \ PKSTN2. byl
revised 6159999
2
EXHIBIT II G a.CONTINUED
Class C. All Builders, as defined herein, shall be Class C Members. Class C
Members shall have one (1) vote for each Lot or Unit they own in the Property.
When any Unit or Lot is owned of record in the name of two or more persons
or entities, whether fiduciaries, joint tenants, tenants in common, tenants in partnership,
or in any other manner of joint or common ownership, or if two or more persons or entities
have the same fiduciary relationship respecting the same property, then unless the
instrument or order appointing them or creating the tenancy otherwise directs and it or a
copy thereof is filed with the secretary of the Community Association, such Owner shall
select one official representative to qualify for voting in the Community Association and
shall notify in writing the Secretary of the Community Association of the name of such
individual. The vote allocated to any Unit or Lot (including Units or Lots owned by the
Declarant or a Builder) may not be divided or cast in any fraction, and the vote of each
official representative shall be considered to represent the will of all the Owners of that Lot
or Unit. If the Owners fail to designate their official representative, then the Community u.>
Association may accept the person asserting the right to vote as the voting Owner untih -J ~~
notified to the contrary by the other Owner(s). Upon such notification no affectedOwn~ ~ ~c=
may vote until the Owner(s) appoint their official representative pursuant to thi~ J
paragraph. ~ I
~
C'>c::>
o z:- ~
N~
Cf'\
Section 3. Change of Membership.
-:q
r-.
3.1. Change of membe.t;~hip in the Association shall be established
by recording in the Public Records of Seminole County, Florida, a deed or other instrul1lent
conveying record fee title to any Lot or Unit, and by the delivery to the Community
Association, of a copy of such recorded instrument. The Owner designated by such
instrument shall, by acceptance of such instrument, become a Member of the Community
Association, and the membership of the prior Owner shall be terminated. In the event that
a copy of said instrument is not delivered to the Community Association, said Owner shall
become a Member, but shall not be entitled to voting privileges until delivery of a copy of
the conveyance instrument to the Community Association. The foregoing shall not,
however, limit the Association's powers or privileges and the new Owner shall be liable
for accrued and unpaid fees and assessments attributable to the Lot or Unit acquired.
3.2. The interest, if any, of a Member in the funds and assets of the
Association shall not be assigned, hypothecated or transferred in any manner except as an
appurtenance to the Owner's real property. Membership in the Association by all Owners
shall be compulsory and shall continue, as to each Owner, until such time as such Owner
g: \ legal\ dccr\ articles \ PKSTN2. by!
revised 6159999
3
EXhiBIT U ~ n.CONTINUE:u
.......
of record transfers or conveys his interest in the real property upon which his membership
is based or until said interest is transferred or conveyed by operation of law, at which time
the membership shall automatically be conferred upon the transferee. Membership shall
be appurtenant to, run with, and shall not be separated from the real property interest
upon which membership is based.
Section 4. Class B Membership Status.
4.1. The Declarant's Class B membership status shall continue, and shall
be in effect, during the period from the inception of the Declaration until either (1) seven
(7) years from the date the Declaration is recorded; or (2) five (5) years after the date of
recording of the last Supplemental Declaration annexing additional property into the
Community Association, whichever event, (1) or (2) occurs later; or (3) upon recording of
a voluntary written notice executed by the Declarant or its duly authorized successor or
assignee electing to convert its Class B status to Class A; or (4) in any event, ninety (90) W
-1 OJC
days after the conveyance of the Unit to a Class A Member that causes the total number 00, g:
votes held by all Class A Members of this Community Association to equal the number o@ ~ ::s;.;
votes in the Community Association held by the Class B Member, whichever event, (I), (2), %
(3) or (4), occurs first; provided however, that if Class B status is converted to Class A ~
pursuant to clause (4) and, subsequent to such event, the Declarant annexes additional C"> c::>
Lots to the Property which annexation causes the number of Lots or Units owned by the ~ .r:- ~
Declarant in the Property to exceed twenty-five percent (25%) of the total number of Lots ~ N ~
-J
and Units within the Property, Declarant's Class B status shall be restored as to all Lots and
Units within the Property then owned by Declarant, and shall continue until the next
occurrence of an event of conversion described above.
4.2. The Declarant shall have the right to partially assign its status as
Declarant and Class B Member by recorded instrument executed by the original Declarant
and acknowledged and accepted by the assignee Declarant to any person or entity
acquiring any portion of the Property, or the adjacent land eligible for annexation into the
Property, for the purpose of development of a residential subdivision, and any such
assignee shall thereafter be deemed to be the Declarant as to the Lots or Units owned by
such person or entity, and shall have the right to exercise all of the rights and powers of the
Declarant as to such Lots and Units, while, at the same time, the original Declarant shall
continue to exercise the rights and powers of the Declarant as to all Lots and Units owned
by such original Declarant. If any action of the Community Association requires the
approval, consent or vote of the Declarant, and the original Declarant has partially
assigned its rights as Declarant to others pursuant to this paragraph, the consent or vote
g: \ legal\ dccr\ articles\ PKSTN2.byl
revised 6159999
4
EXh,srr Ii ~
Ii-CONTINUED
~-
of all such Declarants shall be required to satisfy the requirement of consent by the
Declarant.
Section 5. Majority of Quorum. Unless otherwise expressly provided in these Bylaws
or the Declaration any action which may be taken by the Association may be taken by a
majority of a quorum of the Members of the Association.
Section 6. Quorum. Each Community Association meeting required by the
Association pursuant to the Declaration shall require the presence, either in person or by
proxy, of a quorum of the members of the Community Association. If the Community
Association has, or is planned to have, 250 Members or less - the quorum for any such
meeting shall be no less than 20% of the total number of votes. If the Community
Association has, or is planned to have, more than 250 Members but less than 1000 Members
- the quorum for any such meeting shall be no less than 10% of the total number of votes.
If the Community Association has, or is planned to have, more than 1000 Members - the
quorum for any such meeting shall be no less than 5% of the total number of votes. The
foregoing requirements are minimum requirements, however, more stringent requirement~
imposed elsewhere in these Bylaws or in the Articles of Incorporation or in th~
Declaration, or pursuant to applicable laws or regulations shall supersede the requirement6
contained in this Section, and the Association shall be bound by such more restrictive~
requirements as if fully reproduced herein. g
.
c.J:>'
-.l
o
\D
0)(
0'.
o'
~i
....,
Section 7. Proxies. Votes may be cast in person or by proxy. Proxies must be in r-""
writing and filed with the Secretary at least twenty-four (24) hours before the appointed
time of each meeting. Every proxy shall be revocable and shall automatically cease 'after
completion of the meeting for which the proxy was filed, and upon conveyance by the
Member of his Unit.
C) -,:;
:r::- 'l'
[-..) C
11
ct) .
ARTICLE III
ADMINISTRATION
Section 1. Place of Meetings of Members. Meetings of the Members shall be held
within the Association Property or such other suitable place as close thereto as practicable
in Seminole County, convenient to the Owners as may be designated by the Board of
Directors.
g:\ legal\ dccr\ articles\ PKSTN2.byl
revised 6159999
5
E^n;=:'"l~ tl C~ 1I.CONTINUa;.u
Section 2. Annual Meetings. The first annual meeting of the Members shall be held
on the date at the place and at that the time, as determined by the Board of Directors,
provided, however, that said meeting shall be held, to the extent possible, within one (1)
year from the date of incorporation of the Association. Thereafter, the annual meeting of
the Association shall be held on the anniversary date of the first annual meeting; provided,
however, that should the anniversary date fall on a legal holiday, then such annual meeting
of the Members shall be held on the next day thereafter which is not a legal holiday.
Subject to the provisions of Article IV, Section 1 herein, at each annual meeting there shall
be elected by ballot of the Members a Board of Directors, in accordance with the
requirements of Section 5 of Article IV of these Bylaws. At the first annual meeting, the
Directors shall be elected to serve until the second annual meeting, and at the second
annual meeting, Directors shall be elected for a term of one (1) year beginning with the
second annual meeting. Unless a Director resigns before the expiration of his term of
office, each Director shall hold his office until his successor has been elected and the first
meeting involving such successor is held. The term of office of any Director elected to fill ~
a vacancy created by the resignation of his predecessor shall be the balance of the unserved .....J
term of his predecessor. The Members may also transact such other business of tfA 0
Association as may properly come before them. Each First Mortgagee of a Unit mi t.D
designate a representative to attend all annual meetings of the Members. 0
e-
rr'.
Section 3. Special Meetings of Members. Special meetings of the Members may b~ c:>
called at any time by the President or by a majority of a quorum of the Board of Directors~ .-;:;
or upon a petition signed by Class A Members holding at least ten percent (10%) of ther- \D
voting power of the Class A Members having been presented to the Secretary. Notice of
any special meeting shall state the time and place of such meeting and the purpose thereof.
O:JO
0""
0'"
~c;
-
J:;
r"
,.
~
.
~
~(
~;
C">1
rn
No business shall be transacted at a special meeting except as stated in the notice,
unless by consent of those Members holding at least four-fifths (4/5) of the voting power
of the Association, either in person or by proxy. Each First Mortgagee of a Unit may
designate a representative to attend all special meetings of the Members.
Section 4. Notice of Meetings of Members. It shall be the duty of the Secretary to mail
a notice of each annual or special meeting of Members stating the purpose thereof as well
as the day, hour, and place where it is to be held, to each Member of record and to each
First Mortgagee of a Unit which has filed a written request for notice with the Secretary,
at least fourteen (14) but not more than sixty (60) days prior to such meeting. The notice
may set forth time limits for speakers and nominating procedures for the meeting. The
mailing of a notice, postage prepaid, in the manner provided in this Section, shall be
g: \ legal\ dccr\ articles\ PKSTN2.byl
revised 6159999
6
EXr'HJI j';l C- Il.CONTINUeD
..
considered notice served, after said notice has been deposited in a regular depository of the
United States mail. If no address has been furnished to the Secretary, notice shall be
deemed to have been given to a Member if posted in a conspicuous place on the Common
Property.
Section 5. Adjourned Meetings. If any proposed meeting cannot be organized because
a quorum has not been attained, the Members who are present, either in person or by
proxy, may adjourn the meeting from time to time until a quorum is present, provided
notice of the newly scheduled meeting is given in the manner required for the giving of
notice of a meeting. Proxies given for the adjourned meeting shall be valid for the newly
scheduled meeting unless revoked for reasons other than the new date of the meeting.
Section 6. Order of Business. The order of business at all meetings of the Members
shall be as follows: (a) roll call to determine the voting power represented at the meeting; ~ roC
(b) proof of notice of meeting or waiver of notice; (c) reading of minutes of precedi~ 0 g~
meeting; (d) reports of officers; (e) reports of committees; (f) election of inspector ~ \D ~~
election; (g) election of Directors; (h) unfinished business; and (i) new business. Meeting;
of Members shall be conducted by the officers of the Association in order of their priority; ~
C"> 0 r.-
(:) -oC
Section 7. Action Without Meeting. Any action, which under the provisions of Florid<:tn z;:- ~~
law may be taken at a meeting of the Members, may be taken without a meeting ir ~ tn(
authorized by a writing signed by the required number of Members who would be entitled
to vote at a meeting for such purpose, and such writing is filed with the Secretary. '
:po
1-
Section 8. Consent of Absentees. The transaction of any meeting of Members, either
annual or special, however called and noticed, shall be as valid as though had at a meeting
duly held after regular call and notice if a quorum be present either in person or by proxy,
and if, either before or after the meeting, each of the Members not present in person or by
proxy, signs a written waiver of notice, or a consent to the holding of such meeting, or an
approval of the minutes thereof. All such waivers, consents or approvals shall be filed with
the corporate records or made a part of the minutes of the meeting.
Section 9. Minutes, Presumption of Notice. Minutes or similar record of the
proceedings of meetings of Members, when signed by the President or Secretary, shall be
presumed truthfully to evidence the matters set forth therein. A recitation in the minutes
of any such meeting that notice of the meeting was properly given shall be prima facie
evidence that such notice was given.
g: \ legal\ deer\ articles\ PKSTN2. byl
revised 6159999
7
EXHiBIT II c II.CONTINUED
10
ARTICLE IV
BOARD OF DIRECTORS
Section 1. Number, Term and Qualifications. The affairs of this Association shall be
governed by a Board of Directors composed of no fewer than three (3) nor more than seven
(7) persons as is determined from time to time by the Members. The term of each Director's
service shall extend until the next annual meeting of the Members, and thereafter until his
successor is duly elected and qualified, or until he is removed in the manner provided in
Section 3 below.
Section 2. Powers and Duties. The Board of Directors has the powers and duties
necessary for the administration of the affairs of the Association and may do all such acts
and things as are not by law or by these Bylaws directed to be exercised and done
exclusively by the Members.
U)
-J
o
\..0
OJ'
O'
O'
~.
<f)
Section 3. Special Powers and Duties. Without prejudice to such foregoing genera.fi
powers and duties and such powers and duties as are set forth in the Declaration andx
Articles of Incorporation, the Board of Directorsis vested with, and responsible for, the~
rT\
following powers and duties: ("')
o
(a) To select, appoint, and remove all officers, agents and employees of the ~
Association, to prescribe such powers and duties for them as may be
consistent with law, with the Articles of Incorporation, the Declaration and
these Bylaws; to fix their compensation and to require from them security for
faithful service when deemed advisable by the Board.
Q ""1
.r;:- ):
W~
-
(b) To conduct, manage and control the affairs and business of the Association,
and to make and enforce such rules and regulations therefor consistent with
law, with the Articles of Incorporation, the Declaration, and these Bylaws, as
the Board may deem necessary or advisable.
(c) To change the principal office for the transaction of the business of the
Association from one location to another with the State of Florida as
provided in Article I hereof; to designate any place within said State for the
holding of any annual or special meeting or meetings of Members consistent
with the provisions of Article III, Section 2 hereof; and to adopt and use a
corporate seal and to alter the form of such seal from time to time, as the
g: \lcgal\ dccr\ articlcs\ PKSTN2.byl
revised 6159999
8
EX -:-.._<- II
. hiDi I
C 1I.CONTINUt:.J
Board, in its sole judgment may deem best, provided that such seal shall at
all times comply with the provisions of law.
(d) To borrow money and to incur indebtedness for the purposes set forth in the
Declaration, and to cause to be executed and delivered therefor, in the
Associationls name, promissory notes, bonds, debentures, deeds of trust,
mortgages, pledges hypothecations or other evidences of debt and securities
therefor.
(e)
To fix and levy from time to time, Assessments upon the Owners, as
provided in the Declaration; to determine and fix the due date for the
payment of such Assessments, and the date upon which the same shall
become delinquent; provided, however, that such Assessments shall be fixed
and levied only to provide for the general benefit and welfare of the Associ-
ation and its Members in accordance with the provisions of the Declaration. W
The Board of Directors is hereby authorized to incur any and all s@1 ;;
expenditures for any of the foregoing purposes and to provide, or cause!o \D
be provided, adequate reserves for replacements as it shall deem to a5e
necessary or advisable in the interest of the Association or welfare of~s
Members. Disbursements from such trust reserve fund shall be made oQr 0
in accordance with the provisions of the Declaration. Should any Owner i.il s:-
to pay such Assessments before delinquency, the Board of Directors inrrts ~
discretion is authorized to enforce the payment of such delinquent
assessments as provided in the Declaration.
we
0-"
0-"
A-
n
l>
r-
:::0
:"T1
('
-uo
1>:::0
C)o
men
(f) To enforce the provisions of the Declaration covering the Common Area,
and areas on which the Association has an easement (the II Easement Areastl),
these Bylaws or other agreements of the Association.
(g) To contract for and pay fire, casualty, errors and omissions, blanket liability,
malicious mischief, vandalism, and other insurance, insuring the Members,
the Owners, the Association, the Declarant, the Board of Directors and other
interested parties, in accordance with the provisions of the Declaration,
covering and protecting against such damages or injuries as the Board deems
advisable, which may include without limitation, medical expenses of
persons injured on the Common Area and Easement Areas, and to bond the
agents and employees of any management body, if deemed advisable by the
Board. The Board shall review, not less frequently than annually, all
g: \ legal\ dccr\ articles \ PKSTN2. by I
revised 6159999
9
EArliwrj:l G lI-CONTINUi:D
"'-
insurance policies and bonds obtained by the Board on behalf of the -
Association.
(h) To contract for and pay maintenance, gardening, utilities, materials and
supplies, and services relating to the Common Area, public areas, and Ease-
ment Areas and to employ personnel necessary for the operation of the
Common Area, public areas and Easement Areas, including legal and
accounting services, and to contract for and pay for improvements to the
Common Area, public areas and Easement Areas.
(i) To delegate its powers according to law, and subject to the approval of the
Members, to adopt these Bylaws.
G)
To grant easements where necessary for utilities and sewer facilities over the
Common Area to serve the Association.
W
-.J
o
\OD
co c:.
o-n
0""
~0
~
,-
(k)
c;j)
fT\
To fix, determine and name from time to time, if necessary or advisable, tIt
public agency, fund, foundation or corporation which is then or the~
organized or operated for charitable purposes, to which the assets of thg
Association shall be distributed upon liquidation or dissolution, according;
to the Articles of Incorporation of the Association. The assets so distributecf:ra
r-
shall be those remaining after satisfaction of all just debts and obligations of
the Association, and after distribution of all property held or acquired by the
Association under the terms of a specific trust or trusts.
C)
.s:-
eN
eN
.~
~
c
-at:
J;o-:;::
C'>C
r~'Hj
(1) To adopt such uniform and reasonable rules and regulations as the Board
may deem necessary for the management of the Common Area and
Easement Areas which rules and regulations shall become effective and
binding after (1) they are adopted by a majority of the Board at a meeting
called for that purpose, or by the written consent of such number of Directors
attached to a copy of the rules and regulations of the Association, and (2)
they are posted in a conspicuous place in or near the Common Area. For so
long as the Declarant enjoys Class B Membership status, such rules and
regulations shall not materially adversely affect the rights, privileges or
preferences of any Member or owner as established by the Association, the
Articles of Incorporation of the Association and these Bylaws and such rules
and regulations shall be enforceable only to the extent that they are
g:\ legal\ dccr\ articles\PKSTN2.byl
revised 6159999
10
EX.-doiT II L II.CONTINUt:u
..
consistent with the Declaration, the Articles of Incorporation and these
Bylaws.
Section 4. Management Agent. The Board shall have the option to employ a
managing agent to manage the Common Area and Easement Areas and the affairs of the
Association. The managing agent shall perform such duties and services as the Board shall
authorize.
Section 5. Election and Term of Office. Subject to the provisions of Article IV, Section
1 herein, at the first annual meeting of the Association, and thereafter at each annual
meeting of the Members, Directors shall be elected by secret written ballot by a plurality
of Members as provided in these Bylaws, each Member voting being entitled to cast its
votes for each of as many nominees as there are vacancies to be filled. There shall be no
cumulative voting. In the event that an annual meeting is not held, or the Board is not
elected thereat, the Board may be elected at a special meeting of the Members held for that
purpose. Each Director shall hold office until his successor has been elected or until hisW
death, resignation, removal or judicial adjudication of mental incompetence. Any perWln;;
serving as a Director may be reelected, and there shall be no limitation on the numbe8Jf \.0
terms during which he may serve. 5
r-
~
Section 6. Books, Audit. The Board of Directors shall cause to be maintained a full gt 0
of books and records showing the financial condition of the affairs of the Association:iH r
manner consistent with generally accepted accounting principles, and at no greater than ~
-
annual intervals shall obtain an independent a:udit of such books and records. A copy of
each such audit shall be delivered to a Member within sixty (60) days after the completion
of such audit upon written request from a Member.
roc
o"'Tl
0"'"
~CS
l>
f"-
-.u
r1l
(1
-00
~::v
c>O
fTltn
Section 7. Vacancies. Vacancies in the Board of Directors caused by any reason other
than the removal of a Director by a vote of the Members of the Association shall be filled
by vote of the majority of the remaining Directors, even though they may constitute less
than a quorum; and such person so elected shall be a Director until a successor is elected
at the next annual meeting of the Members of the Association, or a special meeting of the
Members called for that purpose. A vacancy or vacancies shall be deemed to exist in case
of death, resignation, removal or judicial adjudication of mental incompetence of any
Director, or in case the Members fail to elect the full number of authorized Directors at any
meeting at which such election is to take place.
g: \ legal\ dccr\ articles\ PKSTN2. byl
revised 6159999
11
E"
'.
J\l ,,_
G L. vvi~ in~UtO
Section 8. Removal of Directors. At any regular or special meeting of the Members
duly called, anyone or more of the Directors may be removed with or without cause by
a majority vote of the Members of the Association, and a successor may then and there be
elected to fill the vacancy thus created. Any Director whose removal has been proposed
by the Members shall be given an opportunity to be heard at the meeting. If any or all of
the Directors are so removed, new Directors may be elected at the same meetings.
Section 9. Organization Meeting. The first regular ("organization") meeting of a newly
elected Board of Directors shall be held within ten (10) days of election of the Board, at such
place as shall be fixed and announced by the Directors at the meeting at which such
Directors were elected, for the purpose of organization, election of officers and the
transaction of other business. No notice shall be necessary to the newly elected Directors
in order legally to constitute such meeting, provided a majority of the whole Board shall
be present.
eN
Section 10. Other Regular Meeting. Other regular meetings of the Board of Direct~s -J
may be held at such time and place in or near the Association Property as shall !lie C)
determined, from time to time by a resolution adopted by a majority of a quorum of tie \D
Directors; provided, however, that such meeting shall be held no less frequently thit
annually. Notice of regular meetings of the Board of Directors shall be given to ea~
Director, personally or by mail, e-mail, telephonic facsimile, telephone or telegraph, at lec6l: ~
seventy-two (72) hours prior to the date named for such meeting, and shall be posted at;1l c.,J
prominent place or places within the Common Area. CJ1
we
O"'T1
o~
::J:'C=:.
J>
r-
::IJ
r'f1
(.
-00
J:oo. :4l
G')O
f1'1c.r.
Section 11. Special Meeting. Special meetings of the Board of Directors may be called
by the President (or, if he is absent or refused to act, by the Vice President) or by any two
(2) Directors. At least seventy-two (72) hours notice shall be given to each Director
personally or by mail, telephone or telegraph, which notice shall state the time, place (as
hereinabove provided) and the purpose of the meeting, and shall be posted at a prominent
place or places in or near the Association Property. If served by mail, each such notice shall
be sent, postage prepaid, to the address reflected on the records of the Association, and
shall be deemed given, if not actually received earlier, at 5:00 P.M. on the second day after
it is deposited in a regular depository of the United States mail as provided herein.
Whenever any Director has been absent from any special meeting of the Board, an entry
in the minutes to the effect that notice has been duly given shall be conclusive and
incontrovertible evidence that due notice of such meeting was given to such Director, as
required by law and as provided herein.
g: \ legal\ dccr\ articles\ PKSTN2.byl
revised 6159999
12