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HomeMy WebLinkAboutWildwood Homes INC J . 'V' '-' u [) (, (' '-, tJ 0,?l u ,_ .J , . B \.}: I SU11',C . C "L" /y~E. '. - II j . FLiJf\IO.~ . . DECLARATION :r:/ ..-<' e..:.... . ~; _ ~:. '_fo. '"\ . ......... ., . -~,-l"; ;/'-.. ell r >:, l:";"" -:- i/" SL"r-'. "" (CU,IT '\',", : ',';.JUIY,LA. , OF SEr 18 9 29 M; 'lJ COVENANTS, CONDITIONS AND RESTRICTIONS FOR WILDWOOD PLANNED UNIT DEVELOPMENT Made this 29th day of August, 1973, by National Homes Construction Corporation, an Indiana corporation, herein called Declarant. Declarant is the owner of certain real property in the City of l~inter Springs, County of Seminole, Florida, which is more particularly described in Exhibit "A". Declarant will convey said property subject to certa~n pro- tective covenants, conditions, restrictions, reservations, liens, and charges as set forth in Section 1 through Section 12 hereof for the purpose of obtaining for the owners and residents thereof the benefits of more attractive land use, privacy and security, and to release owners from the burdens of individual maintenance, repair, and upkeep of the grounds and exterior of structural im- provements. Declarant hereby declares that all of the described property shall be called Wildwood Planned Unit Development and shall ~, restrictions, covenants, and conditions, all of which are for the be held, sold, and conveyed subject to the following easements, ;", :) ,) ~, - 'J,.. ~. I , "..) - I' ,',.. , J ,- ) i ~ ~ 'j :., . J t-, ~ ~ !. purpose of enhancing and protecting the value, desirability, and attractiveness of the described property. These easements, covenants, restrictions, and conditions shall run with the described property and shall be binding on all parties having or acquiring any right, title or interest in the described property or any part thereof, and shall inure to the benefit of each owner thereof. SECTION 1 DEFINITIONS. The terms used herein and in Exhibits hereto c. , shall have the meaning stated as follows unless the context requires /' '. '" \ , otherwise: 1.1 ASSOCIATION means wildwood Homes, Inc., a not-for-profit Florida corporation, and its successors. 1.2 PUD means Wildwood Planned Unit Development. ,1 e . I /. 1.3 PROPERTY means the land and appurtenant easements, the .I lots, the bUildings, the houses, the drives and walks, the 0= (1'\ c.' In '..:~ CD swimming pool and club house, the improvements, and property of ...... to every kind and nature, real, personal or mixed, which is located '1'::':: r'o or- ;u n1 0("") 1...0 ,- _t--. ation, use, and enjoyment of the PUD. on the described property and used in connection with the oper- :.."': 7J -~ ;. -"'{.., '" ....~.. L, m 1.4 LOT shall mean and refer to any plot of land shown upon of the con~on areas. any recorded subdivision map of the Property with the exception tion for the common use and enjoyment of the members of the 1.5 CO}~10N AREA shall mean all property owned by the Associa- Association. of administration and management of the PUD, replacement and re- 1.6 COMMON EXPENSES means the estimated and actual expenses with the PUD Documents. pair of the Common Areas, and any other cost reasonably in accord 1.7 UTILITY SERVICES means electric service, gas, water, sewage, and garbage disposal. 1.8 REASONABLE ATTORNEYS. FEES means the cost of services of attorneys at law for judicial and administrative proceedings or review thereof and for other reasonable retained legal services. 1.9 DECLARANT means National Homes COnstruction Corporation, its SUccessors and assigns who assume responsibility for develop- ment or marketing of the PUD. and Restrictions of the PUD. 1.10 DECLARATION is the Declaration of Covenants, Conditions, 1.11 BUILDING means a structure containing two or more family units. the same bUilding. 1.13 PARTY \'lALL means the \'lall between the hlO townhouses in 1.12 T01~HOUSE means any individual family unit ~p a bUilding. 1.14 HOUSE means a detached single-family structure. 1.15 BY-LAh'S means the BY-Lav:s of tvi1dwood Homes, Inc. 1.16 MORTGAGEE means the holder of a first mortgage lien on a lot. - 2 - I. / I I / / / I I / I / ( / / ,I , e e 1.17 OWNER means the record owner, whether one or more per- sons or entities or combinations thereof, of the fee simple title to any lot in the PUD, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.18 MEMBER means one pe~son or entity who has been designated in writing by the owner as the voting representative of the owner, and who holds membership in the Association by virtue of ownership of a lot in the PUD. 1.19 PLAT means the recorded plat prepared by Land Surveying Company, a registered Florida surveyor, certified by DOMINICK F. CAVONE on June 28 , 1973. 1.20 SINGULAR shall include the plural, PLURAL shall include the singular, and the use of any GENDER shall include all genders whenever the context permits. 1.21 "Class I Lots" shall mean and refer to any lot upon \Vhich there is a residence or single family unit which has been completed as evidenced by a FHA or VA notice of final inspection or for which a certificate of occupancy has been granted. 1.22 "Class II Lots" shall mean and refer to any vacant lot or single family unit that has not been completed. SECTION 2 ANNEXATION. 2.1 Annexation of additional property shall require the assent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class B mernbers, if any, at a meeting duly called for this purpose, \Vritten notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The presence of members or of proxies entitled to cast sixty percent (60%) of the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice require~ent set forth above, and the required quorum at such subsequent meeting shall be one-half of the required quorum of the preceding ~ - 3 - "----/ (r) ::~ ( Plf :r.. .-. ( -., :": r"C") C) ,.- ::"'.Jrt1 on l> ~, ~- --;,'; c -... / ,/. /. /1 meeting. / / I I e e No such subsequent meeting shall be held more than 60 L' (n, 111 l . C. days following the preceding meeting. In the event that two- -" :::: r c.. c) r- :t~:-r~ thirds (2/3) of the Class A membership or two-thirds (2/3) of the ~ ~:~ c: Class B membership are not present in person or by proxy, members ., - :.l --I ;. ~.,,-, . , t q ,-. ~ c.~ not present may give their written assent to the action taken 2.2 If within four (4) years of the date of incorporation of this Association, Declarant shall develop additional lands described within the.area described in Plat Book 7, at Page 83, such phases may be annexed to the PUD without the assent of the Class A members. . 2.3 PROVISO. Declarant may file an affidavit in the public records of Seminole County, Florida, electing not to develop the addi- tional phases of the PUD as designated on the Plat and thereafter such phases shall be free of the provisions of this Declaration. SECTION 3 MEr-mERSHIP. 3.1 Every person oE-~n_~:JJ~.Y.lihQ..is ..~lX_~SQr~,L_9!lU~;;:.., Qf<$l~ f~~~ or ~---_.,----- ~ undivided fee interest in any lot which is subject by covenants of record to assessment by the Association, including contract sellers, ~iJ.] ,,~~~me~~J <;!,.,..the .~ss~,.i~ti.OIlA The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appur- tenant to and may not be separated from ownership of any lot which is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. 3.2 Po\-ffiRS. The Association ~.~be incorI?.<?E9t~d,.purC;:11=>rd" '~_"_ . ,."....:.....,. ._ ,.,..,..;;r. to Florida law, and fulfill its functions according to the Arti..sl!;.s of Incorporation, By-Laws, and said Florida law. 3.3 BOARD OF DIRECTOR~. The affairs of the Association shall be conducted by an elected Board of Directors who shall be desig- nated in a manner. provided in the By-Laws. 3.4 INDEMNIFICATION. Every Director and Officer of the Association shall be indemnified by the Association against all expenses and liabilities incurred by or imposed on him by reason - 4 - I .Ii I I I / J / I T ! .' - ----;:-,,-- e e of his being or having been a Director or Officer, except in cases. wherein the Director or Officer is adjudged guilty of gross negli- gence or malfea$~nce in the performance of his duties. ......,~ '. 3.5 MANAGER., The Association shall at all times retain . _._...J.!!Jt _ ~,'~_!.:f..V"'" a Manager to operate the PUD. The manager shall be responsible to the Board of Directors and shall provide fiscal management, and management of the maintenance and security of the PUD. 3.6 BUDGET. The manager shall prepare an annual budget. The Board of Directors shall approve said budget and submit the same to members for discussion at annual membership meetings as provided in the By-Laws. The manager shall report expenses in excess of the budget and the reasons therefor, 'and the Board of Directors shall determine a method for controlling such excess and make special assessments as required to defray the excess expenses. SECTION 4 VOTING RIGHTS. The Associ~tiQn shall have two classes of voting membership: . ,- " i 4.1 Class A! Class A members shall be all those Owners as defined in"S'e'ction 3 with the exception of the Declarant. Class A members shall be entitled to one vote for each lot in vlhich they hold the interest required for membership by section 3. ~~en more than one person holds such interest in any lot, the Owners shall designate one of themselves as the voting representative although all such owners shall be members. The vote for such. lot shall be exercised by the voting representative, in no event shall more than one vote be cast with respect to any lot. 4.2 Class B. The Class B member shall be the Declarant. The Class B member shall be entitled to three (3) votes ~oreacl}.,.,J.,.Q,J: -...... .-_..,,%.....~... in which it holds the interest for membership by Section 3, provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occur~ earlier: a) when the total_votes outstanding in the Class A rn~Inbership"'equaT'" the 't:otal.vofes outstanding in the Class B me~~ershjp, or .~ b) on December 31, 1977. .,) - 5 - (:" (I"l Cl rn'.1 :t: ..... co U:.J ." ;:; r'c, or :;::"n: _ ~ 't.::. c ;-, l> ('1 C :'.::. . ') -i -. -<. ~>J PI ........- Cl t.e / ,,/1 e e SECTION 5 PROPERTY RIGHTS. ~- 5.1 O\~ERS' EASEMENTS OF ENJOYMENT. Every member shall have ~ a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title r:' (j en _J '~l'_J U -,- .1; to every assessed lot, subject to the following provisions: fa) AII'of the property described and shown on the Plat ! shall be and is hereby subject to the covenants, agreements, easements, and restrictions set forth in this Declaration, to be and remain in effect until such time as amended, modified or revoked in accordance with the provisions of this Declaration; ~~. right of the Association to limit the number of guests of members; --i :..: r ~. -,~ ;;"(:: c'U) )~ :.-~ -- :,...- - . -~ 1- -<.. -;:-, P& '-.... c c) the right of the Association to charge reasonable admission and other fees for the use of any rec- reational facility situated upon'the COIT~on Area; d) the right of the Association, in accordance with its ,Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, and the rights of such mortgage in said properties shall be subordinate to the rights of the homeowners hereunder; e) the right of the Association to suspend the voting rights and right to use of the recreational fa- cilities by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed ninety (90) days for any infraction of its published rules and regulations; f) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of the Class A membership and tVlO-thirds (2/3) of the votes of the Class B membership, if any, has been recorded, agreeing to such dedication or transfer and unless written notice of the proposed action is sent to every member not less than 30 days nor more than 60 days in advance. 5.2 DELEGATION OF USE. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property. 5.3 TITLE TO THE COMMON AREA. The Declarant hereby covenants for itself, its heirs and assigns, that it will convey fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens, prior to the conveyance of the first lot. 5.4 TRADE OR BUSINESS. No trade or business shall be carried - 6 - . , e e on and no signs shall be placed upon or about any Residential Unit or on the Cornmon Area (other than designations, in such styles and materials as the Association shall by regulations approve, of street I addresses and names of owners) except that owners desiring to offer Residential Units for sale or rent shall have the right ~ (.r.C) In L:-l x~.J': to place upon the Residential Unit concerned such "for sale" ." :..-: r"L,) -.,. ::::::,,;r:-;; 5.5 PARKING RIGHTS. Each townhouse shall be entitled to one eC) ~o c ;.r.:.." -h~ ~;;.") III or "for rent" signs as the Association may approve. unassigned parking space in the co~mon access easement appurtenant to such townhouse lot. Other parking facilities shall be administered by the Association for the benefit of all lot owners. 5.6 EASEMENT FOR THE ASSOCIATION. Each Residential Unit is hereby declared to be subject to a reasonable easement and right to and in favor of the Association and its employees, agents or instrumentalities to go upon such Residential Unit for reasonable repair thereof for the purpose of carrying out any and all of the obligations and functions with respect to such Residential Unit as are herein imposed upon or permitted to the Association expressly including, the maintenance, repair, and replacement of any and all of the facilities for the supply of utilities and other faci- lities serving said Residential Unit and/or other Residential Units or the Cornmon Area. Further, the Association or its representative ,~'~~;':'~~I"~ shall have the obligation to provide the care and maintenance for ___IS", - ..~.........;..~, ~ l,k-, " all access easements as shown on the Plat for Wildwood. - 1 n ,,,,,,,,<~Ct 101. """ 5.7 UTILITY EASEMENTS. There shall be and hereby are reserved, whether shown on the Plat or not, easements and rights-of-way for the benefit of governmental agencies, authorities or instrumentalities, and for the benefit of public utilities, and for the benefit of the Association and for the benefit of the Residential Units, on, under, .... and through the Property for the ownership, use, operation, maintenance, repair and replacement of water, sewage, gas, electrical, and other facilities, including lines, pipes, wires, valves, switches, etc., and all parts of the Property may be entered under reasonable circumstances for the maintenance and repair of the aforementioned utilities or of the facilities. - 7 - fee 5.8 ADDITIONAL RULES AND REGULATIONS. The Property described and shown on the Plat and the use thereof shall be subject to such additional rules' and regulations as shall be in force from time to time by reason of action taken by the Association pursuant r (r>:;. m\.- .... . ~. CD u:::.: 5.9 DESTRUCTION OF A TO~~HOUSE. In the event a townhouse is -'1 ::;:: r-cJ .::;) ,- ?Jr, c.~ r) 1;>-0 C::. .!..... to the PUD Documents. destroyed, the owner thereof shall begin reconstruction within a ) --t .... -<. <.) PI ~. 0; r....:. reasonable time or excavate and clear away the remaining portions of the townhouse, and maintain the lot in a neat and orderly condition. If the owner fails to perform such clearance or mainten- ance for a period exceeding sixty (60) days, the Association shall perform the same and the expenses thereof shall be a lien on the particular lot as subject to collection under subsection 6.8 hereof. 5.10 RECONSTRUCTION OF TO\~HOUSE. In the event a townhouse is destroyed, no structure other than a townhouse of the same dimensions and similar architecture and as approved pursuant to Section 8 hereto shall be constructed in place of the original structure. 5.11 EASEMENT FOR ENCROACHMENTS. Each townhouse owner is entitled to an exclusive easement for the use and enjoyment of the air space within a reasonable distance above and below such townhouse, carport, and patio area on each respective lot such that: if a townhouse lot shall encroach on any common area or any other townhouse lot by reason of original construction or by the non- purposeful or non-negligent act of the townhouse owner, then such easement shall be appurtenant to such encroaching townhouse lot, to tpe extent of such encroachment, and such easement shall exist so long as such encroachment exists. If any common area shall similarly encroach on any townhouse lot, then an easement appurtenant to such COITIDOn area shall similarly exist. SECTION 6 COVENANT FOR MAINTENANCE ASSESS~lliNT~ '''''_h,,j 6.1 CREATION OF THE LIEN AND PERSONAL OBLIGATIONS OF ASSESS- MENTS. The Declarant, for each lot owned within the PUD, hereby covenants, and each owner of any lot by aciceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other - 8 - / e e conveyance, is deemed to cov~nant and agre~ to to th~ Association: ,/ (1) annual assessments or charges, and (2) special aSE!~"~~~~Dj:S.t'Q;t;: capital im~)roY~J:11E?I)..ts, such assessments to be fixed, estal::>:l:i,shecJ,. and collected from time to time as herein provided. The annual and special asse3sments, together with such interest thereon and costs of collection thereof shall be a charge on' the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of such property at the time when :!.: ." CD W the assessment fell due. ':I:'h~"p~Fs()nal obligation shall not pass to OJ (n':::""""J rnc) -q 7:. roc> 0:- ;;;:JFl on l> C' c ,-.. ''(1 :~;.; If! -D.. OJ W -!~ his successors in title unless expressly assumed by them. 6.2 PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in the PUD and in particular for the improvement and maintenance of the PUD, services, utilities, and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the homes situated in the PUD. 6.3 BASIS AND MAXIMUM OF ANNUAL ASSESSMENTS. Until January I of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be $ 250.00 '.'$~~>I!~il'ril@J~-;;V;;'~';-Jlioi-"""". . j ! ~ I "~ ';1 ~i per lot. a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be in- creased effective January 1 of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (pub- lished by the Department of Labor, Washington, D.C.) for the preceding month of July. ! i "'E :.':' , .~ b) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above that established by the Consumer Price Index formula by a vote of the members for the next succeeding three (3) years and at the end of each such period of three (3) years, for each" succeeding period of three (3) years, provided that any such change shall have the assent of two-thirds - (2/3) of the votes of each class of members who are voting in person or by proxy, at a meeting duly - 9 - A il ,'1 0'1 i 'j J ~ \ -- e e cu called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authoritzed to participate under its Articles of Incorporation. r'~ (... . '. Itl (~I :t: .... -'1 :": r :..-, CJ r- ;:u nl C',...., l~ 0 r= - .~- U) ::'i~:? .-...c.; r.~ (II ~. G.l -1:... c) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 6.4 SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. 6.5 UNIFORM RATE OF ASSESSMENT. Both annual and special assessments must be fixed at a uniform rate for all Class I Lots and all Class II Lots, although the assessments on all Class II Lots shall be fixed at 25% of the assessment upon all Class I Lots. 6.6 QUORUM FOR ANY ACTION AUTHORIZED UNDER SUBSECTIONS 6.3 AND 6.4. At the first meeting called, as provided in sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in sections 3 and 4, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. - 10 - e e 6.7 DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES. The annual assessments shall commence as to all lots on the first day of the month following the conveyance of the Common Area. CJ (nt' 1'1 ,:; "r- '..-. The "1';" rOC) '::>r- first annual assessment shall be adjusted according to the number ~~ ~ <.) c ([) tr. .. ~.... of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at " . -<. ~'I PI -~ m Ul least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified' lo~ have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. 6.8 EFFECT OF NONPAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of seven (7%) per annum, and the Association may bring an action at law against"the owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waive or other- wise escape liability for the assessments by non-use of the Common Area or abandonment of his lot. 6.9 SUBORDINATION OF THE LIEN TO THE MORTGAGE. The lien of the assessments shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any lot shall not affect the assessment lien. Hov.'ever, the sale or transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter - 11 - ,/ e e HH:IIG~:.. lCUHT'f fLORIDA becoming due or from the lien thereof. r-" 6.10 EXEMPT PROPERTY. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties dedicated to and accepted by a local public authority; (b) the Common Area; and (c) all properties owned bya charitable or nonprofit organization exempt. from taxation by the laws of the State of Florida. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. 6.11 SPECIAL ASSESSMENTS. The Association shall also carry out or cause to be performed or provided in or about the Property all such additional functions in the nature of maintenance, improvements, re- pairs and services, and recreational and other facilities for the use and benefit of the PUD and its inhabitants generally as shall be determined by its Board of Directors from time to time. The Association shall have power to impose upon the individuals actually using or benefiting therefrom such. additional charges for the use thereof as the Association shall from time to time deem appropriate. SECTION 7 PARTY WALLS. - ~ 7.1 GENERAL RULES OF LAW TO APPLY. Each wall which is built as a part of the original construction of the townhouses in the PUD and placed on the dividing line between the lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 7.2 SHARING OF REPAIR AND MAINTENANCE. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in equal proportion. 7.3 DESTRUCTION BY FIRE OR OTHER CASUALTY. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they sha~l contribute to the cost of restoration thereof ~n equal proportions, subject to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. - 12 - - T - -'" e e 7.4 WEATHERPROOFING. Notwithstanding any other provision of this Section, an ovmer who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. (n ~ CD j;' ~ (..(1 7.5 RIGHT TO CONTRIBUTION RUNS WITH LAND. The right of any -" :- r. .,p.A., ..=. :-- :::.':;-; owner to contribution from any other owner under this Section shal~:- c ~~~""l ~ be appurtenant to the land and shall pass to such owner's successor~'~~ r~ PI >....;~ in title. -.....:' 7.6 ARBITRATION. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one addi- tional arbitrator, and the decision shall be by a majority of all the arbitrators. Should any party refuse to appoint an arbitrator within ten (10) days after written request therefore, the Board of Directors of the Association shall elect an arbitrator for the refusing party. SECTION 8 ARCHITECTURAL CONTROL. . No buildin~ fen9~ wall or other structure shall be commenced, erected or maintained in the PUD nor shall any exterior addition to or change or alteration therein be made, except those constructed by or on behalf of ~he Declarant, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more rep- resentatives appointed by the Board. In the event said Board, or its designated committee fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to each body respectively, approval will not be required and this Section will be deemed to have been fully complied with. SECTION 9 EXTERIOR MAINTENANCE. The Association shall not assume any obligation to provide exterior maintenance for any lot or improvements thereon. The - 13 - " e It lot owner hereby assumes to provide all maintenance and upkeep of his lot and improvements thereon. If he fails to provide adequate maintenance and upkeep, the Association shall have the right to enter the property to make all necessary maintenance and repair CD <no m~) ::77 tD CD -~ and assess the lot owner for the cost of such maintenance and ....., :...- r ~- .::l ,~~ ;::., r' ~ repair. Such assessment shall be treated as a charge against the c -, >0 c:.~ _. ':1 -b.. OJ CD land and shall be a continuing lien upon the property until such -, ~- -<. C;~ III time as the assessment is paid. SECTION 10 USE RESTRICTIONS. The use of the property shall be in accordance with the following provisions as long as the PUD exists and the buildings exist in useful condition on the described property: 10.1 TOw~HOUSES. Each of the units shall be occupied only by a single family, its servants and guests, as a residence and for no other purpose. No townhouse may be divided or subdivided into a smaller unit, nor any portion thereof sold or otherwise transferred, without first amending this Declaration to show the changes in the townhouses to be affected thereby. 10.2 COMMON AREAS. The Common Areas shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the enjoyment of the owners. 10.3 NUISANCES. No nuisances shall be allowed upon the property nor any use or practice which is the source of annoyance to resi- dents or which interferes with the peaceful possession and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. No owner shall permit any use of the common elements ,vhich will increase the rate of insurance upon the property. 10.4 LAv~UL USE. All valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental bodies which require maintenance, modification or - 14 - '. \ - ..- ..._....--~-~_. v _.._....._~__~i-_~~____~.-:..~---...._---_.._.._---..- .. ,. ------_..--. e e repair of the property shall be the same as the responsibility for the maintenance and repair of the improvements concerned. 10.5 LEASING. All present or future owners, or any other person that might use the facilities of the PUD in any manner, are subject to the provisions of this Declaration and the mere acquisition or rental of any of the townhouses or house, or the mere act of occupancy of any townhouses or house shall signify that the provi- sions of the PUD Documents are accepted and ratified. C:J ( (nO mQ I~' The respective townhouses shall not be rented by the owners ""'1:;:: r'o or ;:u rrI on 1>-0 c ;.z:'"(1 -c...~ -< l." PI thereof for transient or hotel purposes, which shall be defined as a rental for any period less than sixty (60) days. Other .than the foregoing obligations, the owners of the respective townhouses shall have the absolute right to lease same provided that said lease is made subject to the covenants and restrictions contained in the PUD Documents. 10.6 REGULATIONS. Reasonable regulations for the use of the con~on area may be adopted from time to time by the Board of Directors. 10.7 PROVISO. Provided, however, that until the Declarant has , sold all of the townhouses of the PUD, neither the owners nor the Association nor the owner's use of the property shall interfere with the completion of any contemplated improvements and the sale of the townhouses. The Declarant may make such use of the unsold townhouses and Co~on Areas as may facilitate sales, including, but not limited to maintenance of a sales office, the showing of the units and the display of signs. SECTION 11 INSURANCE AND RECONSTRUCTION. The insurance other than title insurance which shall be carried on the Common Area shall be governed as follows: 11.1 AUTHORITY TO PURCF~SE. All insurance policies upon the Corr~on Areas shall be purchased by the Association for the benefit of the Association and the owners and their mortgagees as their interests may appear. Owners shall obtain insurance coverage at their o....:n expense upon their own townhouse, house, lot or personal property nnrt for the~r personal L liability and living expense. . 11. 2 COVERAGE. n) Casualty. The community facilities and improvcmcntR - 15 - ~ ,-.' v . r 'wi e ia', : ,~'~:: ....1 ti 0L ~ ':GU~1Tt rLGi\IUA upon the Common Area and all personal property in- cluded in the COMnon Areas shall be insured in an amount equal to or in excess of 80% of the naxi~~~ insurable replacement value, excluding foundation and excavation costs, as determined annually bv the Board of Directors of the Association. Such c~~erage shall afford protection against: 1) Loss or damage by fire and other hazards Cc\-ered by a standard extended coverage endorser.e~t, and 2) Such other -risks as from time to time shal! be customarily covered with respect to othe~ ~:2~ned Unit Developments in the region, includi~~. ~~t not limited to, vandalism and malicious =is~~ief. b) Public Liability in such amounts and with suc~ c~~erage as shall be required by the Board of Directo~s c~ the Association, including, but not limited to, hi~~~ automobile and non-owned automobile coverages, 2~j ~ith cross liability endorsement to cover liabilities of the owners as a group to an owner. c) Workmen's Compensation policy to meet the re~~~=2~~nts of law. 11.3 PAYMENT OF PREMIUM. Insurance premiums on said ~~S~=2nce shall be a common expense, and such payments shall be held separate escrow account of the Association and used solely =c= ~he payme~t of multi-peril insurance as such premiums become c~e. 11.4 DETERMINTATION TO RECONSTRUCT OR REPAIR. If ar.~ ~~:~ of the Common Areas shall be c1dlodged by casualty, whether or -' ~ - ~ shall be reconstructed or repaired shall be determined in --", '---- following manner: a) Partial destruction. If the damaged improvE=~~~ is the building, the damaged property shall ~~ reconstructed or repaired unless within sixty ~;) days after the casualty it is determined by.=.::-~.;:- ment of 75% of the owners that it shall not ~~ reconstructed. b) Total destruction. If the damaged improve~e~~ __ ~ building, then the damaged building will ~~~ =~ reconstructed or repaired, unless within six~~ .~,~} days after the casualty, owners who own seve==~-~~ve (75%) per cent of the interest agree in writ~-; --~ such reconstruction or repair. 11.5 ESTIMATE OF COSTS. Immediately after a deterrr.i::..=.-::....:..~j:: 'to rebuild or repair damage to property, the Association sha!: ~~~~~:: reliable and detailed estimates of the cost to rebuild or ::-:2=~.:'=. 11.6 ASSESSMENTS. If the proceeds of insurance are =c~ ~~~~i- cient to defray the estimated costs of reconstruction and =~?e~= ~y the Association, or if at any time during reconstruction a::.c =~~~~~r, - 16 - ,. . ' " I e 000r, a ::.F= S [H I /1 ~.. 0 U III Y ... fLGH/DA or upon completion of reconstruction and repair, the funds for the payment of costs thereof are insufficient, assessments shall be made against all owners in the case of damage to common areas, in sufficient amounts to provide funds for the payment of such costs. SECTION 12 GENERAL PROVISIONS. 12.1 ENFORCEMENT. The- Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restric- tions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration; other parties to specific sections shall have the same right of enforcement as to such section. Failure by the Association or by any owner or by other specified parties to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 12.2 AMENDMENT. The covenants and restrictions of this Declaratio shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) The covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety (90%) per cent of the lot owners, and there- after by an instrument signed by not less than seventy-five (75%) per cent of the lot owners. Any amendment must be properly recorded. No amendment shall amend Subsection 12.2. Notwithstanding the provisions of this Section 12.2, this Declaration may be amended by a writing signed only by the Declarant, provided such amendment is required by either the Secretary of Housing and Urban Development, the Veteran's Adminis- tration, the Federal Home Loan }1ortgage Corporation or the Federal National Mortgage Association to make the properties eligible for mortgage financing or insurance. - 17 - \ e s ~ 4 I 4 7 2_ ~;' . " . 1":: su ~ClE COUNTy"'- rLORIDA SEVERABILITY. Any part of this agreement held to be inoperative shall be severable and is to be severed, and such inoperative part shall not affect the remaining portions, which shall continue in- full force and affect as if the severed parties had never been in- cluded herein. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 29th day of August, 1973. '.' . \ ,,\. i:" \ \) , ""~,, ,- ~.. ' ... .' NATIONAL HOMES CONSTRUCTION CORPORATION , , 0 , . f . " . " \.. . . 0 )-.-< . J.fJ' ('> ~ -~ I) cf' ~ .' (l ,-; . -./ V' / /' By: 1'lt1/ /:9, Cf1UL- ~hn B ./~on~ey, Pre' dent // :/ '7.! / Attest: <-), :,/,,; ,/, /,...k.. -'- C. ''"'-.. -'-.---- Ruby FJI House, Asst. Sec. I' Da te: /-i /'1.../1 u.:::T" ')1 J 1; 3 , J ; :<- , r , , {, " I , . "" /" '. ,<( .....'- '? "- /J/ "'\ frll~(I,~~~ STATE OF INDIANA ) ) ss: ) COUNTY OF TIPPECANOE Before me, the undersigned, a Notary Public in and for said County and State this 29th day of August, 1973, personally appeared John B. Conley and Ruby F. House, personally known to me to be the President and Assistant Secretary of National Homes Construction Corporation, who, as such officers for and on behalf of said corporation, and acknowledged the execution of the foregoing in- strument. \vITNESS my hand and Notarial Seal the day and year first above written. '0/~/:,{()2?'fij.-~:~~~!.~. . P6TRJCiA A. I,icKlIiilW'Notary Pl:lb1fc/. '.J.-.l..., ....~ ~( - -- a- : >~ / : ~ , .G::~ ~..)-. ;:c:. . . r 'r / . ~. ~ ". ~7) .... <;;;[ :' '. 0 ". -< .,^, . ...., tV'" . '. ,.~ v . "" \ ..' I., .,;.... . ..... ~,.,..... My Commission Expires: My Commission Expires Oclober 19, 1976 - 18 - .. ..1 \ \ \ ., \ "- , , '\ \ \. \ \ f I ~ . 1473 Bu.,>. ... '~- '. '" 4,"'- S E H; I~ . ~ ,- ( ,'j; I L' ';:y-' ;;, . , t. :, I fL'JiUDt. ., , V....) .. EXHIBIT "A" ,/ Wildwood, a planned unit development, section 33, town5~ip 20 South, range 30 East, Winter Springs, Florida, Seminole County, Florida: Begin at the Northeast corner of Lot 21, Block "C", D. R. Hitchell Survey of the Moses E. Levv Grant, Recorded in Plat Book IIl", Page "51l, public records of Seminole County, Florida, said corner also being the N. W. Corner of Lot 19, Block 1131", North Orlando Ranches, Section 14, Recorded in Plat Book IIl31t, Pages 49 and 50. Public records of Seminole County, Florida, said corner also lying on the Southerly right of way line of Shepard Road. Thence S.- 050 58' 3611 W, 1860.76 feet along the East line of Lot 21, Block "C", of said D. R. Nitchell Survey of the Hoses E. Levy Grant, thence S. 830 08' 22" W, 1130.34 Feet to the Westerly line of the Florida Power Corporation right of way;- thence N. 100 00' 30" W, 1241.73 feet along the Westerly line of said Florida Power Corporation right of way; thence N. 630 57' 34" W, 276.42 feet along said right of way; thence N. 260 02' 26" E, 310.10 feet to the point of curvature of a curve concave Northwesterly, having a radius of 175.00 feet and a central angle of 290 59' 46"; thence run Northerly 91.62 feet along the arc of said curve to the point of tangency; thence N. 030 57' 20" W, 166.02 feet to the Southerly right of way line of Shepard Road; thence N. 860 02' 40" E, 1646.50 feet along the Southerly right of way line of Shepard Road to the point of beginning, containing 60.58 acres. ( \- e WILDWOOD HOMES, INC. P.O. Box 3486 Winter Springs, FL 32708 '7 D 2- //1 7111 f /--... Ph. ~:3 "I - ::1')../ ~ e .lyof WNoter $p;iniS BJdg. Dept , c c- ) \,-,-", b lJ ~.J" '-- SEP 1 51983 -FlhL",_~.__ C~~..:__ :J i J~ f/ RECEIVEQ September 12, 1983 Mr. Sam Smith, Building Inspector City of Winter Springs 400 North Edgmon Avenue Winter Springs, FL 32708 Dear Mr. Smith: Please be advised of the following: 1. The Wildwood Homeowners' Association has formed an Architectural Review Board (ARB). They will review all requests for building permits. 2. We have established guidelines to follow so that we have conform- ity in our development. 3. All requests for permits will be signed by the Association pres- ident after review by the ARB. We ask you and the City of Winter Springs not to approve any permits unless the plans, sketches or requests have the approval signature of the Association president affixed to them. sw~ Samuel A. Longo President SAL:jwm Attachment c;}~/ ~ (YL ~ ~s ~,. 1.- e e WILDWOOD HCMES, INC. P.O. Box 3486 Winter Springs, FL 32708 ARCHITECTURAL GUIDELINES I. PURPOSE OF GUIDELINES AND CHARACTER DESIRED A. Purpose The purpose of these design guidelines is to provide visual control and protect the character and integrity of the Wildwood Community. The desired result is the maintenance of high property values and the provision of a pleasant livable environment for all residents. B. Character The community character desired can be expressed in terms of the natural setting, manmade developments and overall maintenance. Regarding maintenance, the character desired is simply one of gen- eral good housekeeping and well-maintained properties, free of untidy clutter. I I. ARCHITECIURE A. Style 1. All building plans and elevations are to be reviewed by the Wildwood Architectural Review Board (ARB). 2. No specific architectural style is required. All styles should, however, be well suited to the continuity of the surrounding setting. B. Materials 1. All exterior materials are to be reviewed by the ARB. 2. The number and variety of exterior materials should be limited such that the design is perceived as a unified whole rather than a busy display of materials. C. Colors 1. All exterior colors are to be reviewed by the ARB. 2. Colors are to be rustic earth tones compatible with the setting of the subdivision. 3. All bare metal attachments on any visual exterior must be painted to conform with exterior colors. e e Architectural Guide~~nes Page Two D. Air Conditioning 1. No window air conditioners will be allowed unless installed in the rear or side of the home and properly screened from neighbors. E. Carports 1. Cluster home residents may not enclose their carports. 2. Single family residents may not alter the exterior "garage" appearance if they utilize their garage for living purposes. III. SITE PLANNING A. Site Plans Required Site plans for each building lot, pool and spa/hot tub are to be reviewed by the Wildwood ARB. B. Building Setbacks 1. Building setbacks for typical lots are to be as follows: a. Front yard: b. Side yard: c. Rear yard: 25 feet 10 feet 20 feet 2. If deemed desirable, the ARB may vary building setbacks for smaller lots by granting a special exception. C. Fencing 1. All plans for fencing and screenIng are to be reviewed by the ARB. 2. All fencing shall be wood. No chain link fencing is allowed. 3. Pool enclosure screening is to be gray or black. Green or ilver screens will not be allowed. 4. All clotheslines, sheds, boats, campers, trailers and unreg- istered vehicles are to be screened from view of the public by fencing. IV. LANDSCAPING A. Preservation of Existing Trees All trees larger than six inches caliper are to be preserved un- less they directly interfere with building construction. No trees larger than six inches caliper may be removed without permission of the ARB. ~G~ e e Architectural Guideline~ Page Three B. Planting and Paving 1. Use of color rock surfacing or paving in place of living plants will not be allowed. 2. Lawn ornaments must be approved by the Wildwood ARB. 3. Driveway paving is to be neutral colors. V. APPLICATION, PROCESSING AND APPEAL A. Application 1. No improvements of any kind, and no external alterations, additions or changes shall be made until an application, in- cluding plans and specifications for such improvements, has been submitted to the ARB and approved by it in writing. 2. .An application shall consL t of the required plan review fee, plus two complete sets of plans, specifications, plot plans and any other material required by the ARB to fully describe the proposed improvements. B. Approval 1. Upon receipt of a complete application, the ARB reviews and approves (or disapproves) the application in writing, regard- ing its satisfaction of these guidelines, and as to: a. Quality of design, workmanship and materials. b. The harmony of the external design. c. Location is relation to surrounding structures, topography and finished grade elevations. 2. When approved, one set of plans and specifications shall be returned to the applicant marked "Approved", and giving the date of approval. C. Appeal 1. A decision of the ARB may be appealed by the applicant In writing, to the board of directors of the Association. 2. The board will consider the appeal, and may affirm the action of the ARB or make such other determination as it deems appro- priate under the circumstances. e .. ,.- Architectural Guidel1fies Page Four PLAN REVIEW FEE Sa-mDULE A. Single Family Housing For each total set of plans, including site plan: B. Cluster Units For each total set of plans, including site plan: C. Improvements Including fencing, pools, spas/hot tubs, screen rooms, or any other external alteration: e $15.00 $40.00 No Charge rT- ~ . . STATE OF ~~<ORIDA~ DEPARTMENT. OF STATE ~.:~.r\~l .~-.~ \0 ~ t;... /.....-': ~~ ~ =--~. .~.....~ ~ ~ V~.,'''' :z . ....- .y.-____4;; 4r WILDWOOD HOMES, INC. P.O, Box 4016 Winter Springs, FL 32708 April 21, 1986 REeEI , )' Mr. Sam Smith Building Inspector City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 APo ') ,_ " f:.., <C,J 7'; .City Of. Wuner c' Bldrr D 0,...,r:r/{f$' (:). ept. Dear Sam: Please give Dottie Metcalf the authority to approve and sign all building requests from homeowners in Wildwood subdivision. President tiel . vid S. Wainwright Vice President ~.... -"- ---.--., '- t&f4Q~ ~ ;/Lpn//!! Cindy G ell Treasu r ~~ J dith Montross Secretary w,Idtt.104d (~ ~(.s) It-;t3 ,.;f.p D ttie Metcalf ARB Chairperson /jwm (' .~.~. >:' ::: l;'~?\~~~.,"~ .;! ~ .... ~'i ' ",,'k'j'~)'-~..~, ':JT .' ,.'~, ':"",\lJfltUr .:\, ' ~. ,/~/" ;,;,~\:-'I. '\'+~;~\~\l,~. ~'.~ ~. .~:, .~l~.".~,..\\..... J. , "; . '.It ',', " \ -- , \ I" - l"~~, J'~ ._t..L, .\ t..: . . \1-y J' .'. '. '), . !/. , . . \ ,t.t>. J\'f..2. . .. " \.... ,. .:1(,';0; '~:Y : "Ii -I . ~., ~~~ _._.~.;.I't/'" '..- .}iI, ~. /j.' , ..... . {.\. .', ./ l ..~..,. ..':":. -/. ~k... ::'; >-.../,'>',,' ',~. '.' Ii.'. ' ."~I~";t.'>i... ..... ...ov. ~~~,....' Tallahassee, the Capital, this the 14th day of August, AD., 1973. o (n. )\.A~ SECRETAR OF ~E "J"--v corp--94 329.72 \ (/ e e ,- , r # '~ .' HILm';OOD IIO~mS, INC. .~ L---' I : 1 : I , I H I ~ i, ~ 1 ! . ,I ~I , i I i "1 , . ...... l 1 I :l - , : 1 :4 'A ~ H b I ~ d 'J 1 t , , , 1\r{'i'Ic:r~ES OF n:co P..P 0 Ri\'.rI 01'; r. ., I ,- OF " r'. . C):~ ASSOCII~TIO:l (A Corporation Not for Profit) 'I.':' ~ . -' "T6 ..... Th8 und8rsigned incorporators, desiring to form a orporation (hcrein.).Eter referred to as the "Corporlltion") n conplianco \-li th the requircn.,mts of Cha?ter G17 of the lorida Statutes, e~~ecute the follo.",ing Articles of Incorporation. AIIT'ICr..E I .' ; . . Tho nnm~ of: the corpo!~~\tion if) Hil<hlood Hor:'.8s, Inc., creinafter c~111ed the If.l\suo..c.i..::l!;.lon ft. .-----.. -.....,..,"''''....... . \".,. AR7ICL}~ II The princip.:\l office of t..hc Association is located at !ational Hornes ConGtruction Corporation, P.o. Dra\.;er 9GOO, -il~vood, Florida, 32750, and it ~ay hnV3 officG~ in ot~cr citic3 .' ...;;; '. f the State of Florida and other stutos of the United States of m~rica 8S may be determined by the Board of Diroctors. ,.... ... ," .... ART!CLg III .' , --:.. .:.< ( i' f ~ .., NormZtn Harris, \-1hosc 5treet addross is 907 Lakevicw rive, Hinter Springs, Florida 32707 and Hhosc mailing andress s P.O. Drmver 9600, LongvlOod, Florida 32750, is hereby appointed ho initial registered ag<.;'".!nt of this As.sociation. :, ! ARTICLE IV \. " . ;.. ~ :' PURPOSE AND POHER:..1 OF TIlE l'~SSOCIATION This Association dOC3 not contemplate pecuniary gain to the members thereof, and elC specific purposcs for vhich it is formod are to prov!.~~....f.~.r main tonance, preservation d architectural control of tl1e residence Lots and Connon Area i I I f t I I J ~ ~ ~ f I 'I" " . . . . wi th:~_n that ccrti.:!.i:1 tr.:tct. of propcn:ty dQ~crlbod as: llilchlQOd, an a~dition in Sc~unolG County, Florida.as p~r ~~c plat rocorued Plat Book 19, <13 Docu;'~nt ~~r;tC 7,8,9 L.1.0in th~ offic~ of th~ Recorder of Semnole :ounty, Ploric<l,. ar.d to p!:o:~ot() the h~ulth, e.:lEety and l-lelfn.:.c of tho rcsi<lnnt~ vii t.hin ,t.'l-te CiboVG cbscrihod pror-.~rty and i!ny llJ..1i ti.ons thcroto a!1 may hc:r.:Jr:....ftcr h~ brought within the jurisdlction of t:'1is l..::'3ociatlon by ~nm~y.atlon, no p:c:::>vldc<1 (a) eXClrclsa all of: tho pO'.'"()i:D u!1<;t privilege!; and to .j '1 1 I . 1 t . . i I 1 J .1 i:~ \. ~ ~ ~ .. in Article XI h~rein, and for this pUr.pOBC to: porfol."1'.l all of tha dutieg and Obligations o-Z tho AGsocL:rtto!1 ~s sat. forth in that c~rt:.:1.in Daclarution of CO\T,:mnnts, Con(E tion8 and RCGtrictiont3, hcreinafb3r ct:llled tho "DCclc.~'ation tl I ar)plic~- hIe to tho prop.'?rty and. recordGd or to be recordod in the Offic3 or: th~ Recorder of Seminole Cou.~).ty, Plor1.da and ns t~o ~;~n~0 T:'lay be a~1enc10:J from t~-~-.3 to tii;1~ as th(~r'.:d\1 p=::-ovided, said . ~ . , , (b) flx; lev':;, ccll(;ct. aIld on[orcq D}:lYTiJ,~nt by .:lIlY -._---,,- ..-,,<.. . - ! t I ! !}.:;claration being .i nCOl:por.:ltocl hc:coin a~ if ~et forth at lengt.l1; 1~~'.vf41._~Iil:l.a.n.s., all chargo!'; or aGsossm,::mts plU."SUilnt to t.h0 tcrf'1.:1 ;. ..., of tho ~Doclaration; to pay all exponsc~ in connection th0rc~1i th . , I - tf and all offico and ot..~cr expr:nscB incic12nt to the conduct of - . - tho bu:?dnOB!l of tl1G Association, including nIl licenses, taxe3 ""-,..,_..------*~-._----------......,., or gov~mn~}nt(:11 chm:goG levied 01: ii.l:?(J~Jed agalnst the property of the AstJociation: (c) acquire (by gift, purchase or othcr'lTi30), o~'m, 1mprovo I build upon, op:~rate, J'!V:lintain, convay, acll, leasG, trans for, d~dicat~ for public use or othC~Jisa disposa f rOll! or persOnal proparty in connectIon with the affairs of , ~ ~' r , J\.gsociation; .r. " \". ..- " - ,', ......'.~ l -2- 'I; 1/ e e : , (d) borro\-1 money I to !:~0rt<JaCJ(1, pledge, deed in tr\.l:i t, or hypothecate any or all of its ro~l or por3onal prop~rty as seclrrity for ~ney borrowed or Gobts incurr.ed; and > (0) . hava and to cn:~~rci~;1} any a'1.d all pouers I rights and privileges which a corrNration orqanized Q~der the Non- Profit Corporation Lnw of the State of Florida by law nQY no~ . , - , '.' . -..... ~.' . - j i 1 i i I ~ or hereafter ha~~ or cxorci 50. :.. ". ~ .'.. ";." . I' ,". AP.TICI.E V , : rtF;~.mr:I{S nIP _EY~El...~;iE~PI2,or entity Hho in a record o\'lncr of a fee or undivided foe inb-:rcst in any Lot uhich 18 subject by COvonantg or record to a~..HOSSI;]'~nt by til,::! hJf:>ociZltion, inclucUn<; contract nellers, shall'be a D.'..C;abcr of tho Associntion. The IiIIoilIoo.- ",. .-.;.,..'"'..........'~._."M.,.."'. "__" '. "., < ',O"',_d '. '\ foregoing is not inb:~nc1cc1 to include pc:r:~ont; or entit5.oG Hho hold an int~rcst merely as socuri ty for the pcrfon::nncc of an oblign.tion. No O~'1l10r srlnll hrrvc more than one mam..':lcr5hip. ' '"-....-...:~~"lt'., '-'-='''_.....__,.~~.._ '111~-~- Tli>. T'f Mcmberl-3hip ohall be appurtenant 'to and may not be sl1parato<'l from O\.mership of nny Lot which is subject to assessment by the Ansociation. Ownership or S~L9Lsh;1' 1 ~ba-.the.....!.lo.JA_ quali fication for ~?!~,~r::sh;1J?~. f An.T!eLE VI ~ - ~ ~. .' ;.: . SUBSCIUBERS . : ; . . ~. :The nat~g and residences of the founuers nnd the subscrib~rs .to these articles ar.'J: ~ .'. f.....".." _. .t':' NPJ1E .~ ~ ~ i . 1. '":.7: RESIDBNCE I I I i l --: '0: ::: 1. i. Jimmy Rogers ," i.... P. O. Drawer 9600 Lon<y:lood, Florida 327Sa .~: :'{ ;~. t ~. .\,..,. , . Norman lIarris - ~ ~ . -j' P.o. Drawer 9600 LonS"o.;ood, Florida 32750 P. O. Drawer 9600 Lon~yood, Florida 32750 " , ,w -,-'... .~ " Carol Don tempo t .~ :; ~_-;~,,:.~,~)o _ . ). .' . f ; -. ." -w ~ .._' ~ . . . . ~ .'..' "! .-\ .~t '. .: .~. ... " . :.. ,'; .-: .I -..' . . , ~~: \.".~:~ . .....:. .~. ~:...~.:~~ (~;: l,i't>.~:"'-,:'~::; :. ~"~:~ :a..:~ .;.;::."_ '- ~>.: !. - - ,. :. . ~....:~.:. '~'",i.: ;--":...:~ ,;~ ~~~:~."'-" '. '-.l -' \.... ~- i,~ 1.:~ ":...', ~ . . . .;: .,' .'~ . '-j "<:.'"\JI Co. . " '.'-.' '. ~\ n CtJ "1. ~.,(, .:-- t '.'- ::. . i -)- \~. " e e ART I CL:8 VI I ,1 ,""'l ....... , '- OFFICERS Section.l. The officers of the corporation shall be a President, such n~bcr of Vice Preaid8nts, a Secretary, a Troasurer, and such other offic8rs uS may be provided in the byl.J.V1S. OPFICE NNill ~ ..... , "'. -. ,"..... ,.: ..1" -1 t ~ 1 1 j 1 Section 2. The na~es of the persons who are to serve as officers of the corporation tmti1 the first rnecting of th~ Board of Directors are: , President . ~". j , Norman Harris Vice Presidont Jim-:ny Rogers' - - Secretury/Trcasurcr ... - Carol Bontcrnpo Section 3. Th~ officers shall be elected at the annual loocting of the Board of Directors or as provided in the bylao;'ls. i ,. ~.. "'. -\ - , . ART ICr"E VIII ", ~,J. .' '.r ... vorrING RIGHTS ~. ',: . 1 membership: . ~ f The association shall have two classes o~/voting . . Class A. Class A n~Iooors shall be all those o-..mers as defined in Article V ",ith the exception of the Declarcmt. Class A membors shall be entitled to 'one vote for each Lot in \'1hich they hold the interest required fo-r Inemership by Article V. When nero than one person holds such interest in any Lot, all such persons shalX bo members. The vote for such - Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast \dth respect to any Lot. Class B. The Class B mombers shall be the Declarant (as defined in the Declaration). The Class B members shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by Artiole V, providod that the Class B membership shall cease and be converted to Class -4- 1/ e e A ffi3mbership on the h~pponing of eithor of the following e\~nts, whichever, occurs earlier: ,- - ~-~ ", Co.} l\?hen tho totCll votos outstaTlding in the Class -, A mBruJcrship equal tho total votes outstunding . ..... "." ; . ~'1 in tho Class B ffi9mbarship; or Cb) on Decc~bor 31, 1977 - ARTICLE IX BOARD OF DIlillCTORS The affairs of this Association shall be man.:!.ged by a Board of nine (9 >. Directors, ~lho nC'3d not b~ m2!Pbers of the Association. Ti10 nU1;b'.::!r of diroctors ffi:1.Y be changed by amend.- n1C~nt of the nY-Lo.~;-lS of the AS3ociation. The nCll~les and ndc1resses ~ ~ !1 :i I' ! of tho persons who are to net in thG cupncity of directors until the selection of thoir SUCC0ssors are: N2\.rAJ~ ~.. _ '.:-~' .~. i F....')DRESS Nornmn Harris P. o. Drcn17er 9600 . Lon9\'.'ooci, Florida 32750 I ,. John B. Conley -' Overton c. Harber ...., A. _, \., , . Rodney L. Jacobs ,- ,30 r.1ulberry Court Lafayette, Indiana 47905 a.'; 440 Glencourtney Drive Atlanta, GQorgia 30328 ( I 2129 Platt Drive Lafayett~, Indiana 47905 Ral~ond J. Lemnclnan 3547 S., Road 100 East Lafayette, Indiana 47905 Brian Hcinstock 300 Valley Street Lafayette, Indiana 47905 30 Cedar Dri vo Lafayette, Indiana 47905 3516 MulberrJ Drivo Lafayette, Indiana 47905 623 Rid(j'C!\'lood Drive W; Lafayette, Indiana , 1 I , ! James c. Noolery ,. - ~ '. . David n. Price .....""' :: .' ~ - Halter E. Pavlick . '. , '.' ~ ,- I -5- II --'" " I, o! e e ~) At the fir:Jt annu<ll nCJotinl] the m:3inbers shall elect throe directorn for a term of one year, three directors for a term of tvlO years - e..:'.'ld three directors for a term of three years; ARTICLr~ X 1 I t I and at each annual rneetin.g thereafter the rl1err.bers shall elect three direotors for a term of three years. ~~ ,- ...',. Lli'J'HLI?IES The highest aTflount of indebtec1n0S~; or liability, direct -, . - - one time shall not exceed $500.00 while there is a Clasg B 1 ! 1 l .j ! I 1 I or contingent, to 'Vihich this Association rn.ay be subject at any mcuiliership, and thereafter shull not o):ccea. 150 percent of its income for the previous fiscal year, E!-ovioccl-that additional amounts may be authorized by the a.ssont of tr,'lO-thirds (2/3) of the membership. ,- AR'.rICI..E XI ~: " . J ~.' ,. . .: I" ANNEXATION OP ADDlr.i.'IONAL PROPERTIES , -- " Tho Association may, at any timG, annex I -. ---_ : ~-. 1-- - Section 1. '.. . . additional residential properties and comr~on areas to the , . , - r Properties describcd.in Article IV, and so add to its m~mbGrship under the provisions of Article V,. providc~d that any ,such annex.- ation shall have the assent of: hlo-thirds (2/3) of the entlre Class A merrbership and blO-thirc1s (2/3) of the entire Class B : \ . membership, if any. ;.. ~ ~ : _. _ ; Section 2. If wi thin three (3) years of the da.t~ of incorporation of ~~is Association, the Declarant should develop additional lands within the '~~ea describod in Plat Dook 7, page 83, of the Records of the Recorder of Seminole Cotmty, Florida, such additional lands may be annexed to said Properties without ~~e assent of ~~e Class A merrhers, provided however, that the . '. ".. : -' , . '. ~ .. ... '. ...... ." '. t r.~~~..:'")..:. ~.: ....-....- -'-. .'.-..;-... -6- e e I' I: ! developr.l3l}t of the ad.ditional lands described in this section shall be i~ accoru~nce with a gGneral plan subrrdtted to the Federal Housj ng AdJ'1inistrati.on and the Vetcra!13 l\.dI'tinistration \./i th tho processing papers for the first section. Detailed plans for the dcv310pn1:<2nt of additional lands mus.t be submi ttcd to the Federal HOusing Administration and the Veterans Adain- istration prior to such development. If either the Federal Housing Administration or the Veterans Ad..rninistration determines . - that such detailed plans are not in accordance with the general plan on file and such agency or agencies so advises the Association and the Declv.rant, the development of the addi tiona! lands must have the as~;cnt: of two-thirds (2/3) of the Class 1\ members \-Iho ara voting in person or by proxy at a meeting duly called for this PUt"pose, "'ri ttcn notice of ",hich shall be sent to all members not less than 30 days nor hlore than 60 du.ys in advance of the meeting Gotting forth the purpose of the m3eting. At this meeting, the presence of members or of proxies entitled to cast sixty percent (60%) of all of the votes of the 11.-. Class A memborship shall consti tute a quorum. If the required ,----.,,-...--.-'...""" .-.,. .", . quorUIll is not forthcoming at any meoting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall bo held more than GO days fOllowing the pr~ccd.lng meeting. f' ARTICLE XIX ...... '..:'; HERGERS AND CONSOLIDATIO::~S ., . .' ,": -~... ..... i.". ,To. the extent parmi tted by la~", the Association rn.~y participate in mergers and consolidations \'l! th .other nonprofit corporations_orga.'1izcd for the sam3 purposes, provided ~ any -7- " J " ,) - (I e -" e such merger or con3olidation ohall hiHrC the aBsent of t~....o-third!3 e2/3) of the entire Clas!3 A rnenJ)~rship and two-t:hlrdg (2/3) of the entire Class B mcwbership, if any. ARl'~CLE XIII AU'TIIOIUTY TO I10RTG\GE 1 ~-- ~ 1. .... Any rr.ortgago by the Association of the Cornmon Area defined in the Declaration shall have the nSGcnt of two-thirds (2/3) of the entiro Class A membership and t'\-lo-thirc13 (2/3) of the Class B men~crDhip, if any. ARi'ICI,E XIV t j i ~ ~ ~ ~ J AUTHOJU'l'Y TO DE:DICl\.fl'E The Arisociat3.on shall have power to dedicate, sell or trans fer all or any part of the Comn:on 2\reu. to any public agQncy, authority, or utility for such purposes and nubject to such . conClitions as may be agreed to by tho members. . . No such dcdicatio or transfer shall be effective unless an instruI!ient has been , .:.~ ..... signed by met~3rs entitled to cast two-thirds (2/3) of the votes of the entire Class A membGrship and t\1o-thirds (2/3) of the entire Class D membership, if. any, agl,'eoin<J to such dedication, sale or transfer. AR'rlcr...E A'V DISSOLU'l.'ION ,~ : ': . The Association may be dissolved with the assent given .. in v.rriting and signed by not less than t",'o-thirds e2/3) of the . t , ci.- entire Class A membership and blO-thirds (2/3) of the entire . - Class B membership, if any. Upon dissolution of the Association, -----..--..'.. ,., ..- .':.'..'" -.% ; ~ '. . ~ '. . the assets, both real and personal of the Associ.a.tion, shall be dodicated to an- appropriate public agency to be devoted to pur120ses as nearly as practicable the same as thOse to 1;\'hich they . - i ,. -9- '. . I [. e e were required to bo devoted by the A5soci~tion. In tho event that such dedication is refused acc2ptanCG, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to purposes and uscs that \,]ould most nearly reflect the purposes and uses to .~lhich they \'lere required to be devoted by the Association. " ARTICLE XVI . -,- ". DUHJSION The c_orpor~1..tion shall e:d.~t p'2.~et~. ARTICLE XVII HEETINGS FOR 2l~CTIOl1S GOVEmmn BY ]\RTICLES X THROUGH XV In order to take action under 1\rticles X through XV, there must be a duly held m3eting. Written notice setting forth the purpose of the rr~eting shall b0 giv~n to all membcr3 not lCSG than 30 days nor !t10re than 60 days in advance of the meeting. The presence of members or of proxies' entitled to -'cast sixty percent (60%) of the votes of each clasS of membership 5h<11l constitute a quorwn, except for Article XI, section 2, where the quorum requirement is specificallY set forth. .- If tho rcqul't""cd; quorum 1a not. fo:ct.hcoming at any rn.ceting, another meeting TIk"1Y be called, subject to the notice requirem~nt set forth above, and the required quorum at such nubscquGnt meeting shall be one-half of the required quorum of the preceding me~ting. No such subsequent meeting shall be hold more than 60 days following the preceding meeting. In the event that two-thirds (2/3) of the Class A membership or t~u-ti1ird9 (2/3) of the Class B membership, if any, are not present in person or by proxy, members not present may give their written assent to the action taken thereat. -9- j , I : ] : 1 : I I . . I 'j . I . ~ 1 l i ; i ; i , ! .' I .- -; j I I I I - i . i , I : j . I ~ 1 i 1 - I I . j . j : j q ~ l t , , : i t I 1- ~ ! (, ,- \ ! .' r. { .~ ----I i I , f f , I ! r . e IN HI'l'NESS HEEREOF, for. the purp8n.~ of fOri;)ing thi~ orporation \L"1dor th'3 la~:s of the State of Florida, '\i~, the Q'3rsigned, constitl1tinq the incorporation of this l\3sociation, Articlos of Inco~)oration this ) day of lJ/1J., , 1973 . /"" '--_'_; .;7 . '1/" ,I' " uor:fI\:.~ ( _..~ " -' .~ ~-'r- (~~: ,"/"" ~ " 2_: J HARIut;-' -- /"/7 ---""=. ,.- -' ... ,,/ ~ .~~/..-~ - -/, ~ ( . L -J-l' ~;:~-:-lV-T)O--~~-:;-t)'0'--------"-':::'7---' , .. _ _ ...... :JJ.-I.,....~ ,~ ;. ..... -. .;" . - ~ / ) I i , 1 I 1 1 1 1 I 11 \ I j ("?, ._.r .,-i/- _ c.../--,~. _. -: ( - / '" ' .f ",I: .. /", /..' ( - CARCYL......nO-~Ti'i~;it).6>---~-7~------ L'~ TATE OP FLORID1\. 01~ ~'ro..!M( ~ BefOl:'e me, tho undorsigned Not<'l.ry Public, dnly . , uthorized in the State and COUi1.ty na!1.lcd aboV'~ to take fCknO\'lled9men ts, personally appeared Noru ti\N HARRIS, JrrW ROGSRS, rnc1 CAROL BONri'EJlIPO, to 1n8 known to bo the pcr:>ons d,~scl.'ibud as jrlIDsCrlbers in 2lnd who cxc".!cuted the foregoinq' Z\rticlco or I~ncorporation of WILmrOOD no:.ms, Inc., (A Corporation ~rot for Ii i?rofi t), and they acknm"lcdgen before me that th€:y executed II ;Iand nubscribed to these Articles of Incorporation.. \i J I ! 1 .'1 i 'l ~ '1 .. " ., aforosa.id t..his 9 and official seal in the County and day of ~lC{(~ , (j ~~, ~~- ~ary{ Public, Stato of F'lorh\<l :\ I '1 '" ~ I ., : WITnESS my .hand :S ta to I 1 1973. 1"'1 Cor~nission Expiresl .. . .. ~::-'... :.I'.~" .... <-......;,.:_ E..:p:,.l Apr:! 17, \977 l~..w I., ....""'...011 fir. .. ea..>ohr c.. -.,' ,. - II ~ '- - .. BY-LAHS OF WILDWOOD HOMES INC. ARTICLE I NN1E AND LOCATION. '1'he name of the corporation is l'JildvlOOd Homes, Inc., hereinafter referred to as the "Association". The principal office of the corporation shall be located at but meetings of members and directors may be held at such places wj.thin the State of Florida, County of S~ninole, as may be designated by the Board of Directors. ARTICLE II DEFINITIONS Sect.ion 1. "Association" shall mean and refer to "Jilchrood Homes, Inc., its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declarat.ion of Covenants, Conditions and Restrictions, and snch acldi tions trJereto as may hereafter be brought wit.hin the jurisdjction of the Association. Section 3. "Common 11J:-ea" shall mean all real property Q\.med by the Association for the COIT,nlon use and enjoyment of the members of the 1...s socia tions. Section 4. "Lot" sh~ll m(.'an and refer "co any plot oE land S;-Jc.,m upon any recorded subdivision map of the Properties vith the exception of the Common Area. e . section 5. "Member" shall mean and refer to every person or entity who holds a membership in the Association. section 6. "O\'lner" shall mean and refer to the record Q\.mer, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. section 7. "Declarant" shall mean and refer to National Homes Construction Corporation, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. section 8. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of County Recorder of Seminole County, Florida. ARTICLE III HEfilBERSHIP Section 1. MembershiE' Every person or entity who is a record owner of a fee or 1J.Ildivided.fee interest in any Lot which is subject ~... 1... ~.~"""-~ by covenants of record to assessment by the Association, including contract sellers,_ shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. ~lembership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. - 2 - r I e e Section 2. Susnension of Membership. ---"- During any period in which a member shall be in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use of the recreational facilities of such member may be suspended by the Board of Directors until such assessment has been paid. Such rights of a member may also be suspended, after notice and hearing, for a period not to exceed thirty days, for violation of any rules and regulations established by the Board of Directors governing the use of the Con@on Area and facilities. ARTICLE IV PROPERTY RIGHTS: RIGHTS OF ENJOYHENT Section 1. Each member shall be entitled to the use and enjoyment of the Common Area and facilities as provided in the Declaration. Any member may delegate his rights of enjoyment of the COlnffiOn Area and facilities to the members of his family, his tenants or contract purchasers, who reside on the property. Such member shall notify the secretary in writing of the name of any such delegee. The rights and privileges of such delegee are subject to suspension to the same extent as those of the member. Section 2. Irrespective of the fact that Section l(b) of Article V of the Declaration gives the Association the right to change reasonable admission and other fees for the use of any recreational facilities situated upon the Common Area, this right shall not be exercised as to members for a period of five years from the date of the recordation of the Declaration, and after this period, only upon written approval of two-thirds (2/3) of the entire Class A membership. - 3 - e e ARTICLE V BOARD OF DIRECTORS: SELECTION: TERH OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a Board of nine (9) directors, who need not be members of ~,,~~,,',",,;;..'1,...<,,-. the AssQcia,tion. Section 2. Election. At the first ~nnual meeting the members shall elect three directors for a term of one year, three directors for a term of two years three directors for term of three years; and at each annual meeting thereafter the members shall elect three directors for a term of three years. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. ComE.ensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. Action Taken Ivithout a Meeting. The directors shall have the right to take any action in the absence of a nleeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE VI ~illETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of - 4 - e e Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. ~Eecial Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director. A majority of the number of directors shall Section 3. Quorum. constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of birectors as it shall in its discretion detefmine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members. - 5 - e e Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the privisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VIII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power to: (a) adopt and publish rules and regulations governing the use of the Corunon Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; (b) suspend voting rights and right to use recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing for a period not to exceed ninety (90) days for infraction of published rules and regulations. (c) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration; (d) declare the office of member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and (e) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their - 6 - p- e e duties. section 2. Duties. Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the .members or at any special meeting, when such statement is requested in writing by one- fourth (1/4) of the Class A members who are entitled to vote; (b) supervise all officers, agents and employees of this Association, and to .see that their duties are properly performed; (c) as more fully provided herein, and in the Declaration, It shall be the duty of the Board of to: (1) fix the amount of the annual. assessment against each Lot at least thirty (30) days in advance of each annual assessment period, as hereinafter provided in Article XII~ and (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; (3) foreclos~ the lien against any property for which assessments are not paid within thirty (30) days after due date or bring an action at law against the owner personally obligated to pay the same. (d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; - 7 - e e (e) procure and maintain adequate liability and hazard insurance on property owned by the Association as well as workmen's compensation insurance; (f) cause all officers or employees having fiscal respon- sibi1ities to be bonded, as it may deem appropriate; (g) cause the Common Area to be maintained; and (h) keep a record book on all mortgaged lots and the name and address of the Mortgagee; (i) notify said mortgagee if assessment has not been paid within thirty (30) days. Section 1. The Association shall appoint an Architectural - ,-:- ,',<<, <, - Control Committee, as provided in the Declaration, and a Nominating r .. - .__,,-_~,,_"'"-'d-..-""" ...,.....,,,"';>'....~.,,~,>t.,.j"~~,.,.'/Il.<..,.,.1l......~,;,,,,,.t,1.'4,.""...~....Jfl!ll"~~~ CO!@littee, as provided in these By-Laws. In addition, the Board of Directors shall appoint other con~ittees as deemed appropriate in carrying out its purposes, such as: (a) A Recreation Committee which shall advise the Board of Directors on all matters pertaining to the recreational program and activities ,of the Association and shall perform such other functions as the Board, in its discretion, determines; (b) A Haintenance Committee which shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Properties, and shall perform such other functions as the Board in its discretion determines; (c) A Publicity Committee which shall inform the members of all activities and functions of the Association and shall, after con- suIting with the Board of Directors, make sure public releases and announcements as are in the best interests of the Association; and (d) An Audit Committee which shall supervise the annual audit of the Association's books and approve the annual budget and - 8 - e e statement of incoMe and expenditures to be presented to the membership at its regular annual meeting, as provided in Article XI, section B(d). The Treasurer shall be an ex officio member of the Corr~ittee. Section 2. It shall be the duty of each committee to receive complaints from members on any matter inv~lving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other con@ittee, director or officer of the Association as is further concerned with the matter presented. ARTICLE X MEETINGS OF MENBERS Section 1. Annua.l Heet~ings. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of o'clock, P.M. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the menmers may be called at any time by the president or by the Board of Directors, upon written request of the members who are entitled to vote onc-fourth (1/4) of all of the votes of the entire membership or who are entitled to vote one-fourth (1/4) of the votes of the Class A membership. Section 3. Notice of Ncetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least l5 days before such meeting to each - 9 - e e member entitled to vote thereat; addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease ?pon conveyance by the member of his Lot. ARTICLE XI OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of this Association shall be - 10 - e e elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled in the manner pres9ribed for regular election. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces. section 7. Multiple Offices. The offices of secretary and treasurer-may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the the case of special offices created pursuant to Section 4 of this Article. section 8. Duties. The duties of the officers are as follows: President (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. - 11 - ~- e e Vice-President (b) The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and dischvrge other duties as may be required of him by the Board. Secretary (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer (d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory'notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE XII ASSESS~lliNTS Section 1. Creation of the Lien and Personal Obligation of Assessments. By the Declaration each member is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements. The annual and - 12 - by the Consumer pric'Index formula by a vote' the. members for the next succeeding three (3) years and at the end of each such period of three (3) years, for each succeeding period of three (3) years, provided the. t any such change shall have the assent of blo-thirds (2/3) of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (c) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Method of Com~~ation When Using the Consumer Price Index. The Consumer Pr.ice Index establishes the United States City Average numerical rating for the month of July, 19___ as This will be the base rating. To determine the percentage to be applied to the maximum annual assessment for each subsequent year, divide this base rating into the numerical rating established by the Consumer Price Index for the month of July preceding the proposed assessment year. This adjustment percentage, if in excess of 100 percentum, is multiplied by the original maximum annual assessment to obtain the maximum for the subsequent year. Section 5. ~ia1 Assessments for Capital ImDrovements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that - 14 - , J e . year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days iD advance of the mesting setting-forth the purpose of the meeting. Section 6. Uniform Rate. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. HOvlever, no land or improvements devoted to d\"elling use shall be exempt from said assessments except that a).l assess~ents must be fixed at a uniform rate for all Class I Lots and Class II Lots as defined in the Declaration, although the assessments on all Class II Lots shall be fixed at a rate of twenty-five per cent (25%) of the assessment upon all Class I Lots. Section 7. Quorum For Any Action Authorized Under Sections 3 and 5. At the first meeting called, as provided in Sections 3 and 5 hereof, the presence at the meeting of members or of proxies entitled to cast sixty percent (60~) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quo~um at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. - 15 - Section 8. Da' of COZT'JnenCement of l\nnUaPAssessments: Due DCltes. The annual assessment provided for herein shall cown.ence as to all Lots on the first day of the month following the conveyance of the Comrnon Area. The first annual assessment shall be adjusted according to the number of months rewaining in the calendar year. 'I'he Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing, signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. Effect of Non-P~ent of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the Assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of seven percent (7%) per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien agains the property, and interest, costs, and reasonable attorney's fee of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of - 16 - e e any mortgage or ~ortgagcs. Sale or transfer of any Lot shall affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extingujsh the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. ~xempt P~~erty., The follmving property subject to the Declaration shall be exempt from the assessments created therein: (a) all properties dedicated to and accepted by a local public authority; (b) the Common Area; and (c) all properties ovmed by a charitable or non- profit organization exempt from taxation by the laws of the State of Florida. ARTICLE XIII BOOKS AND RECORDS The books, records, and papers of the Association shall at all times, during reasonable business house, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Asso- ciation shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XIV CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the ,.,ords: Wildwood Homes, Inc., Florida and the ,.,ord "Seal." ARTICLE XV AMENDHENTS Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members - 17 - I _.--_.._~.- ----~- ------ ----"----+--_.-- . - e present in person or by proxy, except that the Federal Housing Administra- tion or the Veterans Administration shall have the right to veto amendments while there is Class B membership. Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. ARTICLE XVI MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF, we, being all of the directors of the Association, have hereunto set our hands this _ day of , 19 STATE OF INDIANA ) ) SS: ) COUNTY OF TIPPECANOE Before me a Notary Public for said County and State, personally appeared and severally acknowledged the execution of the foregoing By-Laws. WITNESS my hand and Notarial Seal this ____ day of , 19 Notary Public My Commission Expires - 18 - . e e CERTIFICATION I, the undersigned, do hereby certify: THAT I am the duly elected and acting secretary of the Wildwood Homes, Inc. Association, a Florida not-for-profit corporation, and, THAT the foregoing By-Laws constitute the original By-Laws said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the day of , 19____ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this ____ day of 19 Secretary - 19 -