HomeMy WebLinkAboutJesup's Landing Townhomes Declaration of Restrictions and Protective Covenants - 2006 12 10PER RANDY STEVENSON,
THERE WERE SOME CHANGES
THAT WERE MADE TO THIS
DOCUMENT THAT DID NOT
GO BACK TO THE CITY
COMMISSION. THIS
DOCUMENT IS THE CORRECT
VERSION EVEN THOUGH IT IS
NOT EXACTLY THE SAME
THAT WENT TO THE CITY
COMMISSION AT THE
NOVEMBER 14, 2005 REGULAR
MEETING AS CONSENT 207.
I IIII II IN O IN IE 11i i1 NI II 1p I1 AI l! fN II 1E1 N IR N M l ~l
MgflYNMF. M(IRSE, CLEAN OF C[RCUIT Ct7URi
SEMINDLE CUIMrTY
BN 06116 Pqt 130 - 1991 f50pg.)
CLERK'S 1Y 2i1U6~~22465
AECf]RDED f?P/SO/POOfi 081S4s31 AM
AEC4RDiNG FEES 4z6.S0
IIE[~]RDED ev D rno..t
(TLD?at62~t)
DECLARA'T'ION OF RESTRICTIONS
AND PROTECTIVE COVENANTS
Q FOR JESUP'S LANDING TOWNI3OMES
o
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Nancy M. quue
Akerm
106 East College a th Floor
Tallahassee, Flo 301
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Book6116/Page145O CFN#2006022465
TABLE OF CONTENTS
Page
ARTICLE I. DEFINITIONS .......................................................................................................... 1
ARTICLE II. PROPERTY SUBJECT 1'O THIS DECLARATION .............................................. 3
Secti .Legal Description .................................................................................................. 3
~ ' veloper's Right to Add Additional Property to or Withdraw Property ............ 3
ARTiCL SUP'S LANDING TOWNHOMES OWNERS' ASSOCIATION ..................... 3
Sectt epbership .......................................................................................................... 3
Sectio ting Rights ........................................................................................................ 3
Section on Area Ownership .................................................................................... 4
Section 4. wers .................................................................................................................
Section 5. Rule d"Regulations .......................................................................................... 4
Section 6. Consolidation ....................................................................................... 4
Section 7. Te on of the Association ............................................................................ 5
ARTICLE IV. MAIN E OBLIGATIONS ....................................................................... ~
Section 1. Commo aintenance ................................................................................. 5
Section 2. Street Li g .................................................................................................. S
Section 3. L.ot Mainte ................................................................................................. 6
Section 4. Irrigation Sy .................................................................................................. 6
Section 5. Stormwater Drainacility ............................................................................... 6
Section 6. Drainage Retenti as (DRA's) ......................................................................
Section 7. Surface Water M Bement System ..................................................................... 7
Section 8. Drainage Improvemehin Easements .......................................................... 7
ARTICLE V. ASSOCIATION ASSESS vv S .......................................................................... 7
Section 1. Creation of the Lien and Obligation for the Assessments ..................... 7
Section 2. General Assessments ........ ..... ..................................................................... 7
Section 3. Date of Commencement of ,Asessments; Due Dates ............................. 8
Section 4. initial Budget ................................ ............................................................. B
Section 5. Special Assessments .................. ................................................................. 8
Section 6. Trust Funds .................................. ...........................................................,...... 4
Section 7. Guaranteed Assessments during G Period ............................................. 9
Section 8. Working Capital Fund ..................... ... .................................................10
Section 9. Assessment Roster and Certificate .......~ .. ................................................. l0
Section 10. Collection of Assessment, Effect of ayment of Assessments; The
Personal Obligation oS tl-e Owner; T -en, Remedies of the
Association ...............................................~................................................. 10
Section l 1. Subordination of the Lien to First Mortgages~..••.....••••••••••••••••••~••••••••••••• 11
ARTICLE VI. ARCHITECTURAL CONTROL ........................... .. ................................... 1
Section I. Architectural Control ..........................................,,~~f~.......,.........................12
AR~'ICLE V[I. EASEMENTS .........................................................ti.`~,:~~.........,....................12
~TL074A62;8~
Book6116/Page1451 CFN#2006022465
Section 1. Members' Easements .......................................................................................... 12
Section 2. Easements Appurtenant ...................................................................................... 12
Section 3. Utility Easements ................................................................................................ 12
Section 4. Public Easements ................................................................................................ 13
Section S. Easements for Encroachment ............................................................................. l3
Section 6. Right to Grant or Relocate Easement ................................................................. l3
Sectio 7. Association Easement ......................................................................................... l3
Sectio Easement far Access and Urainage .................................................................... 13
lley Cross Easernent .........................................................................................14
ARTICL ENERAL RESTRICTIVE COVENANTS ..................................................... l4
• ... 14
Sectt ~'icability ....................................................................................................
Sectio Use .............................................................................................................14
Section ing Location ............................................................................................... 14
Section 4. ds Rgtg of Easements ................................................................................. 1 S
Section 5. N ............................................................................................................ 15
Section 6. T Structures ......................................................................................... 15
Section 7. Sign .................................................................................................................
Section 8.Oi1 and Operations ................................................................................. 15
Section 9. Animal ts ................................................................................................ 15
Section 10. Visibili tions .................................................................................. 16
Section 11. Perking.... .................... ...... ....,... ]6
. 16
....................
...........................
... .
Section 12. Fences ........................ ....... .... .. ..
Section 13. Fledges ~ ........:.::........... ...............................................................16
............
Section 14. Garbage and T posal ............................................................................. 16
Section 15. Drying Areas......~~~5 ........................................................................................... 17
............................
...................................
..... ..
Section 16. Gas Containers..... .•••••••••••• 17
Section 17. Communication Eq m ..............................................................................17
Section 1 B. City Requirement.......... 1 ~
Section 19. Drainage ....................... ........................ ... 17
Section 20. Pumping or Draining ...... ... ................................................................... 17
Section 21. Leasing .................... ..,.. .....~................................................,............. 18
........
Section 22. Waterways ................................................................. 18
Section 23. Screen F,nclosures ................. .................................,...........,........ 18
Section 24. Alley Parking ............................. ... ............................................................ ] 8
Section 25. Air Conditioning Equipment .......~ •••••••••••••••••~•••••••••••••••••••••••••••••••••• 179
Section 26. Garage Doors ................................ (~~; ..........................................,............. 18
...........................................
Section 27. Window and Sliding Olass Door Trea ... 18
Section 28. Exterior Holiday Decorations ................ ..................................................... 18
Section 29. Recreational Equipment ................................ .......................................... 18
~..
AR"I'ICLE IX. INSURANCE AND HAZARD LOSSES...........~.....••••••••••••••••••••••••••••••••••• 19
19
Section 1. Authority to Purchase: Named Insured .................... ...................................19
Section 2. Coverage ............................................................ 21
...........
Section 3. Premiums .................... .................................... ... .. ........ . 21
Section 4. Association's Power to Compromise Claims.........~.-"~•ra••••••••••••••••••••••••••••
~r~ov+eez:s~
Book61161Page1452 CFN#2006022465
ARTICLE X. DEVELOPER'S RIGHTS ...................................................................................... 21
Section 1. Sales Activity ...................................................................................................... 21
Section 2. Replatting ............................................................................................................ 21
Section 3. Utility and Constnlerion Payments and/or Deposits ........................................... 21
Section 4. Developer's Right to Common Areas ................................................................. 22
Section S. Assignment of Developer Rilhts ........................................................................ 22
Sectic~6. Developer Approval of Board Action ................................................................. 22
ARTI ORTGAGEES' RIGHTS ................................................................................... 22
S lion tices of Action ................................................................................................ 22
See o Priority .......................................................................................................... 23
Secti t4~e to Association .......................................................................................... 23
Sectio icability of Article XI .................................................................................. 23
Section a of Mortgagee to Respond ....................................................................... 23
O
ARTICLE XII. G PROVISIONS .................................................................................. 23
Section 1. D ...................................................................................•--...--•--............. 23
Section 2. Nov ................................................................................................................ 23
Section 3. Enforce ....................................................................................................... 24
Section 4. Scverab ...................................................................................................... 24
Section 5. Amendm ~ .............................................................................................. 24
...
Section 6. Litigation.. ............................................................................................... 25
Section 7. Effective Date ........................................................................................... 25
Section 8. Application o w; Conflicts ............................................................................ 25
l~
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(TU1746h2;81 111
Book6116IPage1453 CFN#2006022465
DECLARATION OF RESTRICTIONS
AND PROTECTIVE COVENANTS
FOR ,iESUP'S LANDING TOWNHOMES
THIS DECLARATION (the "Declaration"), made this (3~4 day of j~t•~ , 2005,
by LEVITY AND SONS OF SEMINOLE COUNTY, LLC, a Florida limited liability
company (" veloper")> which declares that the real property described in Article II, is and shall
be held, fetred, sold, conveyed and occupied subject to the covenants, restrictions,
easem cs and liens (sometimes referred to as "covenants and restrictions") set forth
herein.
Zy ion does not and is not intended to create a condominium within the
meaning of 'da Condominium Act, Chapter 71 B, Florida Statutes.
O ARTICi~ I'
DEFINTTIO T~
The following wo when used in this Declaration (unless the context shall prohibit)
shall have the followings;
(a) is means those payments due purstyant to Article V, whether
General or Special ( ' fter defined), or a combination thereof.
(b) "Associatio ' cans JESUP'S LANDING TOWNHOMFS OWNERS'
ASSOCIATION, INC., yda corporation not-for-profit. The Associazion is not a
condominium association d shall be subject to the proviaions of Chapter '118, Florida
Statutes, only if and to the a uch provisions are applicable to residential property
owner associations that are miniums. The provisions of this Declaration shall
not be retroactively affected by lion enacted or effective subsequent to the date of
execution of this Declaration, ex a extent provided by applicable Iaw.
(c) "Board of Directors"
(d) "Common Areas" me
the plat of the Property, and any real pr
Association, and any other interest in r
deemed Common Area either in this Dec
together with any impmvements on such
structures, offstreet parking areas, street lig
public utility installations thereon.
of Directors of the Association.
perty dedicated to the Association on
wise conveyed to or acquired by the
ty acquired by the Association and
or in the instrument of conveyance,
~ncluding without limitation any
entrance featwes, but excluding any
(e) "Common Streets" means the ri ~ of all streets, roads, drives,
courts, ways and cul-de-sacs within the Property as d din and depicted on the Plat
and all paving, curbs and other improvements, facility ppurtenanccs constituting
part of the roadway system within the Property, inclu t limited to, street lights,
traffic control signage and utility lines, conveyed to the anon as Common Area
ecificall not includi 'ty lines located within
purstyant to this Declaration; but, sp Y
(TLON862;8)
Book61161Page1454 CFN#2006022465
such rights-of--way as may be owned by private or public utility companies or
governmental agencies from time to time providing utility services to the Property; and
provided, further, that Common Streets shall not include any azeas, improvements or
facilities from and after the time that such areas, improvements or facilities arc dedicated
to the County or other appropriate governmental or quasi-governmental entity.
(f) "Developer" means Levitt and Sons of Seminole County, LLC, a Florida
limi liability company, its successors and assigns, if such successor or assignee
e undeveloped portion of the Property and is designated as such by Developer.
e oper may make partial or multiple assignments of its rights under this
D n end such assignees shall succeed to the rights of the Developer only to the
ex s '~lcally provided in the assignment document.
"District" means the Water Management District agency created pursuant
to Chapter 373 ~rida Statutes, which has jurisdiction over the Property.
{h) ~(~teral Assessments" means assessments levied W fund expenses
applicable to Members of the Association and set forth in ARTICLE V.Section 2. of
this Declaration.
(i} Lender" means any person or entity (1} holding a mortgage
encumbering a Lo ich in the ordinary course of business makes, purchases,
guarantees or insures a loans, and (3) which is not owned or controlled by the
Owner of the Lot encu aced. An Institutional Lender may include, but is not limited to,
a federal or state chartereor savings and loan association, an insurance company, a
real estate or mortgage ant trust, a pension or profit sharing plan, a mortgage
company; the Government onal Mortgage Association, the Federal National
Mortgage Association, the F ra ome Loan Mortgage Corporation, an agency of the
United States or any other gov l authority, including the Veterans Administration
and the Federal Housing Admi of the U.S. Department of Housing and Urban
Development, or any other' Simi lender generally recognized as an institutional
type lender. For definitional purp~ , ~n Institutional Lender shall also mean the
holder of any mortgage executed by •or of Developer, whether or not such holder
would otherwise be considered an Insti ti der.
(j) "Lot" means any lot s the plat of JESUP'S LANDWG
TOWI`1HOMES, recorded or to be record Public Records of Seminole County,
Florida, and any lot shown on any resubdivist lot or any portion thereof.
(k) "Surface Water Management Sy "means the overall system designed,
constructed and implemented upon the Property efiting the Property to control
discharges caused by rainfall events, which system ed to collect, convey, store,
absorb, inhibit, treat, use or reuse surface water in o r prevrnt or reduce flooding,
overdrainage, environments! degradation, and water_p and to control the quality
and quantity of discharges from tt-e system, all as ~~~~t~ lyY ~~ fl'sv'~t P~"ant to
Rules 40C-0, 40C-40, and 40C-42, Florida Administrat e
{l'L074862:8{
Book6116/Page1455 CFN#2006022465
(I) "Owner" or "Member" means the record owner, whether one or more
persons or entities, of the fee simple title to any Lot.
(m) "Property" means all property and additions thereto (which additional
property may or may not be contiguous to the real property described in Article ti
herein), as is subjeM to this Declaration or any Supplemental Declaration under the
prov' 'ons of Article ll hereof.
"special Assessment" means assessments levied in accordance with
TI V.Section 2. of this Declaration.
p RTIA CLE TI.
~ (~ P PER S JECT TOT S ECLARA N
S ion 1. 1J cri tion. The real property which is and shall be held, transferred,
sold, conveyed an ed subject to this lJoclaration is located in Seminole County, Florida
and is more particuescribed by Exhibit "A," attached hereto and incorporated herein by
this reference. ~
Developer shall have the its sole discretion, to add addidonel property (which may or
may not be contiguous to property described in Section l) to the scheme of this
Declaration. Developer shall eve the right to withdraw property not previously conveyed
to an Owner from the scheme of eclaration subject to the approval of the City of Winter
Springs. The addition or withdraDeveloper shall not require the consent or joinder of the
Association, or any Owner or mo gee of any of the Property, but shall be at the sole option of
the Developer. Upon addition of an, o rty to the scheme of this Declaration, the owners of
such additional property shall be an subject to this Declaration, itteluding assessment
by the Association for their prorate sh o e Association expettses. The addition of lands as
aforesaid shall be made and evidenced in the Public Records of Seminole County,
Florida, a supplemental declaration with re elands to be added.
Section 1 Mcmbe~. Every Owner of a ' h 's subject to Assessment shall be a
Member of the Association. Membership shall be app and may not be separated from
ownership of any Lot which is subject to Assessment.
Section 2 Voting Ri¢hts. The Association shall haclasses of voting membership:
Class A. Class A Members shall be all 0 with the exception of the
Developer, and shall be entitled to one vote for each Lot own en more than one person
holds an interest in any Lot, all such persons shall be Memb to for such Lot shall be
exercisod as they determine, but in no event shall more than one vote st with respect to any
Lot.
tn.ot~s~sr,e}
Book6116/Page1456 CFN#2006022465
Class B, The Class B Member(s) shall be the Developer. The Class B Memher
shall be entitled to the same number of votes held by all other Members of the Association plus
one; provided, however, that notwithstanding any provision to the contrary, the Developer shall
have the right to appoint the entire $oard of Directors of the Association unti190 days after 90%
of the Lots have been conveyed to Owners other than the Developer, or at an earlier date at the
sole discretion of the Developer. At such time, the Developer shall call a meeting, as provided in
the Bylaws Special Meetings, to provide for the tumaver of control of the Board of Directors
to the Owne .The Developer shall have the right, in its sole discretion, to appoint one member
to the f irectors for so long as the Developer owns any portion of the Property.
S Co anon Area rshi . Developer may retain legal title to the Common
Areas so I tar not turned over control of the Boatd of Directors to the Owners as
specified in 2. Within thirty days after such turnover of control, the Developer shall
convey and y quit claim dyed the reword fee simple title to the Common Areas to the
Association an a s~iation shall accept such conveyance, subject to taxes for the year of
eonvevance and t 'aliens, limitations, conditions, reservations and easements of record.
1'he Associations es on the Common Areas commencing upon the date of recordation
of the plat. To the nt the Association has claims of defects w7thin the Common Areas that
the Developer has a leg l lion to repair or replace, the Association shall specify any claims
in writing and deliver su ms to the Developer with in 90 days after the date of the turnover
of control of the Assort Any claims which are not brought to the attention of the
Developer, in writing, wi 0 day period shall thereafter be barred and the Developer
shall have no further liability pact to such defects.
Secti n~4. Powers. With ttng the generality of the powers provided in the Articles
of Incorporation, the Associationhave the power, but not the obligation, to enter into an
agreement or agreements from time to a with one or more person, firms or corporations to
provide management or consulting ,including the right to collect assessments and
enforce the provisions of this Declaran d
S~tion 5 Rules and Re~• ssociation has adopted Rules and Regulations
(es defined in the Declaration), which ata e~ed from time to time. I7x Association,
through its Board of Directors, also may enforce reasonable rules and regulations
governing the use of the Property, which rules ions shall be consistent with the rights
and duties established by this Declaration. S o violation of any rules or regulations
may include reasonable monetary fines, which levied as Special Assessments as
provided in this Declaration, and suspension of t to vote and the right to use the
recreation facilities. The Board shall, in addition, ha r to seer relief in any court for
violations or to abate nuisances. Imposition of saneti be as provided in the Bylaws of
the Association. In addition, the Association, through he Board, may, by contract or other
agreement, enforce court ordinances or pcmut the City of Springs to enforce ordinances
on the Property for the benefit of the Association and its M r
Se io 6. Mer o Conso ' at on. Upon a merger o idation of the Association
with another association, or upon any decision by the Ass at its functions may be
performed effectively and efficiently by another association, th ,rights and obligarions
of the Association may be transferred to the surviving or consolid iation. Alternatively,
{rt,n~asblsl
Book6116/Page1457 CFN#2006022465
the property rights and obligations of another association may, by operation of law, be added to
the Property, rights and obligations of the Association as a surviving corporation pursuant to a
merger. In any event, the surviving or consolidated association may administer the covenants
and restrictions established by this Declaration within the Property together with the covenants
and restrictions established upon any other property as one scheme. No such merger or
consolidation, however, shall effect any revocation, change or addition to the covenants
established bx this Declaration.
s Termination of e A cis ion. In the event of dissolution of the Association,
for who vet n other than merger or consolidation as provided for herein, any Owner may
petition t t it Court of the Fifth Judicial Circuit of the State of Florida for the appointment
of a Recei o age the affairs of the Association and to make such provisions as may be
necessary fo tinued management of the affairs of the dissolved Association, the Property
and Common
~O
~j~ ARTICLE IV.
~1 MAINTENANCE OBLIGATIONS
Section Co a M ' t Commencing with the date this Declaration is
recorded, except as stated r, the Association shall be responsible for the maintenance of
the Common Areas and an vements or personal property in a continuous and satisfactory
manner and for the paymen es assessed against the Common Areas, if any, and any
improvements and any pets I property thereon accruing from and after the date these
covenants are recorded. For pu f illustration, Common Areas may include, but are not
limited to: entrance features; g es (if aay); tracts designated for open space, wall tracts,
and/or tot lots and other recreati t on the Plat; buffer areas around the perimeter of the
Property; all streets end roadways wi n Property and the Common Area sprinkler system;
and areas required to be maintained by ocietion under the teens of the Declaration. The
Association shall at all times maintain i pair, and shall replace as scheduled any and all
Common Areas and improvements belon ' e Association. The Association shall maintain
all alleys, All such work shall be compl t a~tanner which, in the sole and exclusive
judgment of the Board of Directors of the A or the Association as the cast may be, is
deemed satisfactory.
tion 2. Str L' htin .The Associatio Aerate and maintain any private street
lighting facilities owned by dte Association, if any, date of recording this Declaration or
from the date of installation of the private street lightr er occurs first. Maintenance of
the private street lighting fixtures shall include the fixt in the Common Areas and shall
further extend to payment for electricity consumed in the llumination of such lights. The cost of
operating, maintaining, and illuntinadng the private street I' shall be an operating expense
of the Association. If Developer, in its sole discretion, o install such private street
lighting, Developer shall be eatitled to all rebates or refunds t installation charges and the
Association hereby assigns such rebates or refunds to Dcv d the Association shall
forthwnth pay same to the Developer. The City of Winter Spri t~ rate and maintain any
public street lighting and street signage within the Property, b th iation shall pay to the
City any amounts for such operation and maintenance that exc dard City cost for
{TL07A862;8t
Book61161Page1458 CFN#2006022465
operation and maintenance of public street lighting and signage. To that end, Developer and
Association agree to execute any standard form agreement provided by the City of Winter
Springs which requires such payment to be made. Such excess cost shall be an operating
expense of the Association.
Section 3. Lot lylaintenance. The maintenance of the Lot, including cutting the grass,
irrigations em, maintenance of the landscaping material, and maintaining all landscaping
originally i led by the Developer or replacement(s) thereof., shall be the wmpletc
nraint onsibility of the Association. The Association's responsibility for Lol
mainte ce des maintenance of portions of common alleyways that fall within the
boundari ot. The maintenance of the exterior of the residence on the Lot shall be the
complete a responsibility of the Association. The maintenance of all landscaping
installed on the Owner(s) thereof which is in addition to and not a replacement of the
landscaping d~ly installed by the Developer shall be the complete maintenance
responsibility o eh r(s). 1f a mailbox is installed by the Developer, in its sale discretion,
the Owner shall nsrble for the maintenance, repair and replacement of the mail -box
installed by the De
any m
irrigati
of the
Lot, to
andlor
caused
S1om1
Associ
District ( ) } g
by the SJRWMD for the Property and as
SJRWMD permit shall be maintained by the
benefit, The SJRWMD has the right to en
injunction and penalties against the Association
with the drainage facilities or in tnitigation or
control of the Association.
be amended from time to time. Copies of the
tin's registered Agent for the Association's
nt action, including a ci~71 action for the
~ rt to correct any outstanding problems
n ion areas under the responsibility or
authority for surface water permits. The onsite DRA's west
and are not designed as aesthetic features, they arc for d}a na
within the lakes is dependent upon rainfall and the level of
level within the DRA's can be affected by and may declin
result of the level of other drainage areas, the demand for pc
rainfall wnditions. Because none of these factors are within t
Association shall not be responsible for direct or conseque
lowering of the water level in rho DRA's. The Association
maintenance of water in the DItA's to any specified level.
{rco~~ae2:as
Seet'o 4. Irri do stem. ]f the Property includes a common irrigation system and
ain irrigation line
on lines and all spr
Association. The
provide maintenance
repair of any damag
by the Owner's neglig
S n 5. Stormwater ilr .The maintenance, repair, or replacement of any
water drainage facility located th Property shat] be the complete responsibility of the
anon, in accordance with the ants of the SG Johns River Water Management
"SJRWMD" . An • draina e f Il be subject to any permit which maybe issued
the maintenance obligation of the Association. In addition, all
ads located on the Lots shall be the maintenance responsibility
shall have an easement over the Property, including any
system. Notwrithstanding the foregoing, the maintenance
e irri tion lines or sprinkler heads located on an Owner's Lot
encentional act(s) shall be the responsibility of such Owner.
WMD is the local permitting
x3 as water management areas,
urposcs only. The water Ieve1
dater in the ground. The water
cantle at certain times as a
water and irrigation water,
1 of the Association, the
age resulting from the
a q~be responsible for the
Book6116/Page1459 CFN#2006022465
Section 7 Surface Water Management Svstcm. It is the responsibility of the Association,
at Common Expense, to operate, maintain and repair portions of the Surface Water Management
System located within the boundaries of the Property, and to enforce, or to take such appropriate
action as may be necessary to cure violations of, the routine maintenance and non-interference
covenants of the Owners and, when appropriate, to levy special assessments or individual
assessrncnts therefor. Maintenance of the Surface Water Management System shall include the
exercise of etices which allow the system to provide drainage, water storage, conveyance and
others ter management capabilities as permitted by the District and the City of Winter
Sprin ny air or reconstruction of the Surface Water Management System shall be as
original ed ar, if modified, as approved by the District and the City of Winter Springs.
Sect rov to within se cots. The Association shall maintain,
repair and re 1 drainage improvements within the Property, including without limitation
within all pla inage easements, all in accordance with the Surface Water Management
System perrr-it issued y0the District A11 maintenance, repairs and replacements of drainage
improvements wi Property, including without limitation within all platted drainage
easements, shall-al accordance with requirements of the City of Winter Springs.
ARTICLE V•
f~SSOCIATION ASS SS ENTS
ection 1. C lion o i d Perso a Obli n r the cots. The
Developer, for each Lot own by it within the Property, hereby covenants, and each Owner of
any Lot, by acceptance of a de for, whether or not it shall be so expressed in any such
deed or other conveyance, shalleemed to covenant and agree to pay to the Association
General Assessments for expenses o in Section 2 hereof, and Special Assessments as
provided in Section 4 hereof. Such se cots are to be fixed, established and collected from
time to rime as hereinafter pror~ded. cots shall be against all Lots equally; provided,
however, that the cost of any mainte 'r or rep! leew ~ t~ ,awfullh ado ited rules and
of a Member or by the failure of a M come Y Y P
regulations of the Association shall be lei a~P~talnAn ~s ~~~ led shall commence
The full Assessment as to each Lot upon to of Deco for the im rovement is
nn the first day of the full calendar month afte Pte)' P
issued, or upon the conveyance of the Lot by per or upon the first occupancy of the
improvement, whichever occurs first. No Owner ive or otherwise escape liability for the
Assessments for maintenance by non-use of the C ~ Areas or abandonment of his right to
use the Common Areas. The General and Special together with interest thereon
and costs collection thereof as hereinafter provided, a charge on the Lot and shall he a
continuing lien upon the Lot against which the As me t is made, and shall also be the
personal obligation of the Owner of such Lot. The lien rivided herein shall not apply to
any portion of the Property owned by the Developer. ~~~~ `""'"
Section 2 G Hera! Assessments. The General Asses levied by the Association
shall be used exclusively for the expenses of the Associati expenses are any and all
charges for the administration of the Association, cable televi o s rf any, maintenance,
repair, replacement and operation of the Common Areas and ion, maintenance and
{TL07~852;8)
Book6116/Page1460 CFN#2006022465
repair of the lift station and the Surface Water Management System as described in Article 1V,
Section 6 and 7 hereof; including, but not limited to: management, accounting and legal fees,
postage, utility service to Conunon Areas, Association insurance, reserves deemed necessary by
the Boazd of Directors for repair, replacement or addition to the Common Area, and payment of
all debts and obligations of the Association which are properly incurred for the purposes stated in
this Declaration.
Se 3. D to f Co rnent of Ge eral Ass nts• Due to . The Gesteral
Assc I commence on the first day of the month next following the recordation of this
Declara on. eafter, the Board of Directors shall fix the date of commencement and amount
of the nt against each Lot at least thirty (30) days in advance of the commencement
period. T rQl Assessments shall be payable in advance in quarterly installments, or as
otherwise de by the Board of Directors of the Association.
ec 'on~Init' ud et. The Developer shah establish the initial budget, which shall be
based on a fully d community, By a majority vote of the Board of Directors, the linard
shall adopt an ann et fot the subsequent fiscal year which shall provide l'or allocation of
expenses in such a er that the obligations imposed by this Declaration will be met. In the
event the community i lly developed at the time the budget is adopted by the Board, the
Board may neverthelesse budget on a fully developed community. In instances where the
Developer or the Board a budget on a fully developed community when in fact the
community is not so devel the budget (and therefore the Assessments) shall be reduced
by the amount allocated for lete amenities or facilities. The Assessment shall be for the
calendar year, but the amount f the General Assessment to be levied during any period shorter
than a full calendar year shell proportion to the number of months remaining in such
calendar yeaz. The amount of the eral Assessment may be changed at any time by the Board
fmm that originally adopted or that ws adopted in the future.
Assessment may be levied against one or
more Lots for the following purposes:
(a) charges for expens~ sociation which are not general expenses
but which are attributable to a speci is and which are designated as a special
charge.
{b) reimbursement for damag O by an Owner, Owners, their family
members, guests, im~itees or tenants.
(c) capital improvements relating ton Area.
(d) late charges, user fees, fines and pen
(e) any other charge which is not a gene se.
(f) any general expense, which exceeds ount budgeted, or any
emergency expense which exceeds the amount of es or other Association
funds. rt
(Tt.0r4l62;R~
Book61161Page1461 CFN#2006022465
A Special Assessment required to maintain the Association Property in good condition or
to protect the liability of the Association Members may be levied against all Lots by a majority
vote of the Board of Directors. Additionally, Special Assessments against individual I.ot
Owners for expenses incurred in direct relation to the maintenance or liability associated with
that Lot may be levied by a majority vote of the Board of Directors. Other Special Assessments
shall require approval by a majority vote of those members present and voting at a meeting of the
membershi alied in accordance with the Bylaws of the Association. The Board of Directors
shall fix th cunt and due date of any Special Assessment by resolution, which resolution
shall f the Lot or Lots subject to such Assessment.
S Trust Fu s. The portion of all General Assessrrtents collected by the
Associatio yes for future expenses, and the entire amount of all Special Assessments
collected for improvements shall be the property of the Association as a whole and shall
be used excl for the purposes designated at the time of Assessments. Each owner
acknowledges and co s that such funds are the exclusive property of the Association as a
whole and no Ow I have any interest claim or right to any such funds.
Section 7 Gt~nteed Assessments durin¢ Guarantee eriod. Developer covenants and
agrees with the Associ d the Owners that for the period commencing with the date of
recordation of this Decl and ending upon the sooner to occur of the follow7ng: (i) the date
of turnover of the Assoct described in Article tit hereof ("Turnover Date"); or (ii) June
30, 2007, as such may ed in Developer's sole discretion, as described herein
("Guarantee Period"), Develo all be excused from payment of iu sbate of the operating
expenses and Assessments re d to its Lots (other than Special Assessments) and, in turn, that
the individual Lot Assessment W Owners other than Developer will not exceed the
dollaz amount set forth in the int udget of the Association ("Guaranteed Assessment") and
that Developer will pay the differen "elicit"), if any, between (a) the operating Expenses
(other than those operating Expense are properly the subject of a Special Assessment)
incurred by the Association during tee Period, and (b} the amounts assessed as
Guaranteed Assessments against g the Guazantee Period, the "Working Capital
Fund" set forth in ARTICLE V, Sectio f and any other income of the Association
during the Guarantee Period. Thus, during tee Period Owners shall not be obligated
to pay Assessments other than the Guazan sment and Special Assessments and the
Owners' respective Working Capital Fund The Deficit, if any, to be paid by
Developer pursuant to this Section 7 shall bed y looking at the Guarantee Period as a
whole, without regazd to quarterly, annual or any counting or fiscal periods and w7tbout
regard to inUa period allocations. in that regard, i vent it is determined at the end of the
Guarantee Period that there is a Deficit and Develo vtously advanced funds to the
Association in excess of the Deficit during the G riod, Developer shall be entitled to
the immediate repayment from the Association of the am un 'funds advanced by Developer in
excess of the Deficit. Developer hereby reserves the right end the Guarantee Period from
time to time to a date ending no later than the Turnover Developer's sole election by
providing written notice to the Association of such election 1 thirty (30) days prior to the
expiration of the Guarantee Period (as same may have been ly extended). Developer
also reserves the right to increase the amount of the Gu ssment during any such
extended Guazantee Period. Special Assessments are not included`muazantee.
;TL074862:8t
Book6116/Page1462 CFN#2006022465
,section 8 Workin¢ Capital ~d_, Developer shall establish a Vdotking Capital Fund for
the initial months of operation of the Association, which shall be collected by the Developer
from each Lot purchaser at the time of conveyance of each Lot to such put+chaser in an amount
equal to two (2) months of the annual assessment for each Lot without consideration for
reductions due to incomplete facilities. Each Lot's share of the Working Capital Fund shall be
collected and transferred to the Association at the time of closing of the sale of each Lot.
Amounts p ' into the fund are not to be considered as advance payment of regular Assessments.
Notwiths the foregoing, the Developer, for so long ac it controls the Board of Directors.
shall 'ght to use the Working Capital Fund to pay for ordinary expenses of the
Se es et oster and C 'fits A roster of the Owners, Lot numbers and
Assessments ble thereto shall be kept in the office of the Association and shall be open to
inspection by ner. If the Owner does not reside on the Lot, Owrter is required to provide
its current mailing~® to the Association, together with the names of those residing on the
Lot.
The AssociatRfu'shall, within five (5) days of receipt of a written request, furnish to any
Owner liable for an A ant a certificate in writing signed by an officer or agent of the
Association, setting fo er such Assessment has been paid as to the Lot owned by the
Owner making request th uch certificate shall be conclusive evidence of payment of any
Assessment to the Associat f~ stated to have been paid.
Persona bl' ion of ie a ies of the is ' 1f any Assessment is
not paid within ten (10} days afte ue date, the Association shall have the right to charge the
defaulting Owrter a late fee of ten pe {10%) of the amount of the Assessment, or Ten and
No/ 100 Dollars ($10.00), whichever ' r or as otherwise adopted by the Board of Directors
from time to time, plus interest at the est rate of interest allowable by law from the due
date until paid. if there is no due d livable to any particular Assessment, then the
Assessment shall be due ten (10) days afl n demand by the Association. If any Owner is
in default in the payment of any Assessme the Association for more than thirty (30)
days after written demand by the Associ a Association upon written notice to the
defaulting Owner shall have the right to a require such defaulting Owner to pay
Assessments to the Association for the next t v month period, based upon the then
existing amount and frequency of Assessments. ant of such acceleration, the defauhing
Owner shall continue to be liable for any increases i General Assessments, for all Special
Assessments, and/or for all other Assessments pay ssociation. if the Assessments
and any late fees and interest are not paid on the daft e, then such Assessments and any
late fees and interest shall become delinquent and shell, oge er with such interest thereon and
the cost of collection thereof as hereinafter provided, there n one a continuing lien on the
property which shall bind such property in the hands of the his heirs, devisees, personal
representatives, successors and assigns. Any indiv7dual wh a ices title to a Lot upon the
death of an Owner or by operation of law shall be personally unpaid Assessments and
late fees with respect to such Lot. In any voluntary conveyan tee shall be jointly and
severally liable with the Grantor for all unpaid Assessments m ~ to the time of such
~n.o~ae~x;e~ I O
Book6116lPage1463 CFN#2006022465
voluntary conveyance, without prejudice to the rights of the Grantee to recover from the Grantor
.the amounts paid by the Grantee therefor.
The Association may bring an action at !aw against the Owner personally obligated to
pay the same or may record a clettrt of lien against the property on which the Assessment and
late fees are unpaid, or may foreclose the lien against the property on which the Assessment and
]ate fee are paid, in like manner as a foreclosure of a mortgage on real property, or pursue one
or mare o s h remedies at the same time or successively, and there shall be added to the
amoun sessment and late fee, attamey's fees and costs of preparing and filing the
claim o ten the complaint in such action, and in the event a judgment is obtained, such
judgment 'nclude interest on the Assessment and late fee as above provided and a
reasonable Q fee to be fixed by the court together with the costs of the action, and the
Association nt'ttled to attorney's fees in Connection with any appeal of any such action.
It shall ~'~ite l~g~ duty and responsibility of th,e Assceiation to enforce payment of the
Assessments and I s hereunder.
The provisio forth in this section shall not apply to the Developer for so Iong as the
Developer owns any portio the Property.
i n l 1. Sabo the Lien to Fi t es. The lien of Assessments,
including interest, late ch bject to the limitations of Florida laws), and costs (including
attorney's fees} provided for hall be subordinate to the lien of any first mortgage of an
Institutional Lender upon any t and subordinate to any tax, lien, or assessment imposed by the
City of Winter Springs (inclusiv I costs incurred by the City to collect said tax, lien, or
assessment includin attorne s' ether recorded before or after this Declaration. In
8 Y
addition, the lien of assessments, cl ing interest, late charges {subject to the limitation of
Florida laws), and costs (including su a 'fees) provided for herein, shall be subordinate to a
mortgage held by Developer upon th y, or any portion thereof, or any interest therein.
The sale or transfer of any Lot or parcel shall not affect the Assessment lien. However,
the sale or transfer of any Lat or parcel p to judicial or nan judiciaf foreclosure of a fast
mortgage shall extinguish the lien of such s n,>;S as to payments which became due prior
to such sale or transfer. No sale or transfer 't a such Lot or pare:el from lien rights for
any Assessments thereafter becoming due. titutional Lender of a first mortgage of
record or other purchaser of such a Lot obtains t , tt essors and assigns shall not be liable
for the Assessments chargeable to such Lot whic due prior to the acquisition of title to
such Lot by such acquirer, Such unpaid Assessm ~ al] be deemed to be an Assessment
divided equally among, payable by and assessed aga ,including the Lot as to which
the foreclosure (or conveyance in lieu of foreclosure) t .Likewise, where a mortgage is
held by the Developer upon the Property, or a portio thereof, and the Developer or other
purchaser obtains title, its successors and assigns shall not le for the Assessments by the
Association chargeable to the Property, or a portion ther 'ch become due prior to the
acquisition of title to the Property, or portion thereof, s acquirer. Such unpaid
Assessments shall be deemed to be an Assessment divided among, payable by and
assessed against all Lots, including the Lot as to which the fo or conveyance in lieu of
foreclosure) took place. _ ~j _
STL074862;E} 1 1
Book6116IPage1464 CFN#2006022465
ARTICLE Vl.
ARCHITECTURAL CONT _OL
Section 1. Architectural Control. The Declaration sets forth provisions relating to
azchitcetural control, standards, required approvals, and other matters that are binding upon all
Owners. h Owner shall comply with all provisions of the Declaration, including those
relating to itectural control. For purposes of this Declaration, the term "ACB" shall mean the
archit trol board as created and existing under the Declaration.
Q
ARTICLE VII.
EASEMENTS
Section'fi.~ivle .Each Member of the Association and each tenant, agent
and invitee of such er shall have a permanent and perpetual easement far ingress and
egress far pedestn vehicuIaz trallic over and across the walkways, driveways and roads
from time to time 1 on the Common Areas, for use in common with all such Members,
their tenants, agents and in ' es. The portion of the Common Areas not used, from time to time,
for walkways and/or d s or lakes shall be for the common use and enjoyment of the
Members of the Associa each Member shall have a permanent and perpetual easement
for pedestrian traffic acro al ch portions of such tracts and for the use of same in such
manner as may be regulate Association. The foregoing easements aze subject to the
following:
(a) The right of the Association to levy assessments against each Lot
far the purpose of maintai the Common Areas in compliance with the provisions of
this Declaration and with any rjons on the plat of the Property.
(b} The right of the lion to suspend the voting rights far any period
during which any assessment ag ' Lot remains unpaid; and for a period not to
exceed sixty (60) days for any in is lawfully adopted and published rules and
regulations, O
(c) The right of the Associat t and enforce rules and regulations
governing the use of the Common Areas.
O
The right of an Owner to the use and enjoym ommon Areas shall extend to the
residents and their guests, subject to regulations from ti t adopted by the Association in
its lawfully adopted and published rules and regulations. //~~
Section 2. Easements Appurtenant. The easemen~p~lvided in Section I shall be
appurtenant to and sha41 pass with the title to each Lot. ~-y
,section 3. Utility Easements. Public utilities may be ed underground in the
Common Arcas when necessary for the service of the Prope 'tional lands for which
Developer holds an option to purchase, but all use of utility easemen . .hall be in accordance
with the applicable provisions of this lleclaretion.
~51.674A62;R } l 2
Book6116lPage1465 CFN#2006022465
Section 4. Public F..aaem_e~, Firefighters, police, health, sanitation and other public
service personnel and vehicles shall have a permanent and perpetual easement for ingress and
egress over and across the Common Areas.
Section 5 Easements for Brtcroac}ttizen_t. There shall be reciprocal appurtenant
eascntents of eneroachrnent as between each Lot and the Common Area adjacent thereto or as
between a ' nt Lots due to the unintentional placement or settling or shifting of the
improveme nstructed by the Developer (in accordance with the terms of this Declaration} to
a dicta n are than one (1) foot, as measured from any point on the common boundary
between ac and the adjacent portion of the Common Area or as between said adjacent
Lots, as th a~be, along a line perpendicular to such boundary at such point.
Sectio ~ ht to G o Relocate ent The Developer (during any period in
which the Dev as any ownership interest in the Property) and the Association shall each
have the right to gr Arch additional drainage, water and sewer, electric, telephone, gas,
sprinkler, irrigatio television or other easements, and to relocate any existing easement in
any portion of the ,including the lots, and to access easements and to relocate any
existing access ease is ' any portion of the Property as the Developer or the Association
shall deem necessary o ble, for the proper operation and maintenance of the Property, or
any portion thereof, or general health or welfare of the Owners or for the purpose of
carrying out any provision Declaration; provided that such easements or the relocation of
existing easements will n or unreasonably interfere with the use of the Lots for
dwelling purposes. There sha iprocal appurtenant easements of encroachment as between
each Lot and the Common ea 'scent thereto or as between adjacent Lots due to the
unintentional placement or settli tfting of the improvements installed by utility companies
or governmental entities or the eloper, to a distance of not more than three (3) feet, as
measured from any point on the com undary between each Lot and the adjacent portion of
the Common Area or as between id djacent Lots, as the case may be, along a line
perpendicular to such boundary at such ~_
Section 7 Association Easement.v urpose solely of performing its obligations
under the provisions of this Declaration, t c{9tion, through its duly authorized agents,
employees or independent contractors, shall h i ts, after reasonable notice to the Owner,
to enter upon any Lot at reasonable ]tours of an a event of an emergency, such right of
entry shall exist without notice on any day. Ea er hereby grants to the Association, its
duty authorized agents, employees or independe clots such easements fot ingress and
egress, across the Lots as may be reasonably ne to effect and perform the exterior
maintenance aforementioned.
Section 8 Easement for Access d Draina¢e. ~tte sociation shalt have a perpetual
non-exclusive easement for access to nperate, maintain or~the system. By this easement,
the Association shall have the right to enter upon any po y lot which is a part of the
surface water or Stormwater Management System, at a re time and in a reasonable
manner, to operate, maintain or repair the surface water or Sto r Management System as
required by the District permit. Additionally, the As t hall have a perpetual
non-exclusive easement for drainage over the entire surface wale rrttwater Management
System. A'o person shall alter the drainage flow of the stu'facc w water Management
{7L074B62;Rf 13
Book6116/Page1466 CFN#2006022465
System, including buffer areas or swales, without the prior written approval of the District. In
addition, the Association shall also have the right to enter upon any portion of any Lot which is a
part of the surface water or Stormwater Management System, at a reasonable time and in a
reasonable manner, to operate, maintain or repair the surface water or Stormwater Management
System as required by the City of Winter Springs, No person shall alter the drainage flow of the
surface water or Stormwater Management System, including buffer areas or swales, without the
prior writte~pproval of the City of Winter Springs.
i l e Cross Easet a .The Developer reserves, excepts, imposes, grants and
creates non usive, perpetual easement in favor of property owners in any subdivision to be
develo d ing the Eastern boundary of the Property, their grantees, heirs and successors in
interest, f c ,ingress and egress for pedestrian and vehicular traffic over, through and
across the al y~pe Eastern boundary of the Property.
~J~ h O ARTICLE VIII.
situated within the
The provisions of this Article shall be applicable to all Lots
Section 2. Land Us Lot shall be used except for residential purposes. Temporary
uses for model homes, park construction trailer, construction storage areas and/or sales
offices shall be permitted fort Developer,
n 3. uildin Loc Buildings shall be located in conformance w7th the
'requirements of the City of Winte prin s and any specific zoning approvals thereunder, or as
original]y constructed on a Lot by or its successor or assignee. Whenever a variance
or special exception as to building or other item has been granted by the authority
designated to do so by the municipality arianee or special exception is hereby adopted as
an amendment to this Section and any ce or special exception as to building location
or other item shall constitute an amendmen f action.
O
Section 4. Landscaping of Easements. ' 'on to the easements reserved herein,
easements for drainage, installation and motor 'lities and for ingress and egress are
shown on the recorded plat(s) of the Property. here easements no stnrcture, planting or
other material may be placed or permitted to rema will interfere with vehicular traffic or
prevent maintenance of utilities. Public utility servicing the Property and the
Association, and their successors and assigns, shall ha ua! easement for the installation
and maintenance of water lines, sprinkler lines, sari wets, storm drains, gas lines, electric
and telephone lines, cables and conduits, including televisio es and conduits and such other
installations as may be required or necessary to provide m~[rce and utility services to the
Lots and/or the Common Areas under and through the utility q aEdj nts as shown on the plat(s).
Any damage caused to pavement, driveways, drainage strut walks, other structures, or
landscaping in the installation and maintenance of such udli ' promptly restored and
repaued by the utility whose installation or maintenance cause t ge. All utilities within
the subdivisions, whether in streets, rights-of--way or utility ea hall be installed and
tnoiaesz;A ~ 14
Book6116IPage1467 CFN#2006022465
maintained underground, provided, however, that water and sewer treatment facilities and
control panels for utilities may be installed and maintained above ground.
Section 5. Nuisances. No noxious or illegal activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood or any other Lot Owner. In the event of any question as to what may be or
become a 'sauce, such question shall be submitted in writing to the Board for a decision in
writing, wh' decision shall be final. In addition, no wceds, underbrush or other unsightly
grow[ permitted to grow or remain upon any Lot. No refuse pile or unsightly objects
shall be !lo be placed or suffered to remain on any Lot; and in the event that an Owner
shall fail to kcep his Lot free of weeds, underbrush or refuse piles or other unsightly
growths or a ~-en the Association may enter upon said premises and remove the same at
the expense weer, and-such entry shall not be deemed a trespass. All garbage or trash
containers mu aced in areas so that they shall not be visible from adjoining Lots or from
the street. Provt ed, v~ver, any portion of the Property not yet developed by Developer, shall
be maintained in p wndition but shall not be expected to be maintained in a manicured
condition. ~<T ~
Wit' Tem Structur s. No structure of a temporary character, or trailer, tent,
mobile home or recre vehicle shall be permitted on any Lot either temporarily or
permanently, except that veloper may park a trailer on the Property during periods of
construction.
Section 7. Siens. One gn of not mare than one square foot may be used to indicate the
name of the resident andlor houseer. No sign of any kind shall be displayed to the public
view on the Property, without th consent of the ACB; provided that the Developer, so long
as it has not sold all of its Lots rn the operty, shall retain the right to disapprove any signs
displayed to the public view. Notwi ing the foregoing, this Section shall not apply to the
Developer for as long as it holds title rtion of the Property.
refining, quarrying or mining operations o'~
nor shall oil wells, tanks, tunnels, mintral
property. No derrick or other structure deli
erected, maintained or permitted upon any p
oil drilling, oil development operations, oil
1 shall be permitted upon or in the Property
~ns or shafts be permitted upon or in the
'~i8~in boring for oil or natural gas shall be
~Iand subject to these restrictions.
Section 9 Animals and Pets. No reptiles, livestock, or poultry of any kind racy
be raised, bred, kept or permitted on any Lot, with ti n of dogs, cats, or other usual and
common household pets not to exceed two (2) in num r less of the type. The keeping of
a dog or other domestic pet is not a right of an r, but is a conditional license. This
conditional license is subject to termination at any limo by and of Directors upon a finding
that a dog or other pet is vicious, is annoying to other re, or has in any way become a
nuisance. The owner of a pet assumes liability for all damayrsons or property caused by
the pet or resulting from its presence at the Property.
This license is subject to the following conditions: O
(TL07~862;8) 1 S
Book6116lPage1468 CFN#2006022465
(a} Pets shall be kept on a bash at all times when outside a building and apt
enclosed within afenced-in area.
(b) Pets are permitted to have excrements upon the Common Areas provided
that the owner shall immediately remove such excrement from the Common Areas with a
"Popper 5cooper" or other appropriate tool and deposit said w~astc in an approved trash
rea acle.
The owner of a pet shall be responsible, and by virtue of ownership,
um sponsibility for any damage to persons or property caused by his pet(s).
p Any pet whose owner violates the provisions and intent of these rules shall
bed nuisance and subject to removal in accordance with the provisions of this
shall be permitted.
No obstruction to visibility at street intersections
Section 11. Par`i'cing No commercial vehicles, campers, mobile homes, motorhomes,
boats, house trailers, rs, or trailers of every other description shall be permitted to be
parked or to be stored lace on any Lot, except only during the periods of approved
construction on said Lot, a ept that they may be stored within garages. Ail automobiles,
SWs, trucks, and all oth shall be parked in garages and along streets that are
designated for parking. Par ~ tp alleys is strictly prohibited. Small pick-up trucks or vans of
the type commonly used as pnv senger vehicles nmay be parked or stored in approved
parking areas, so long as no corm' 11 egttipment or lettering or graphics is exposed to view.
The term "commercial vehicle" s I include all automobiles, trucks and vehicular equipment,
including station wagons, which bear or shall have printed an same some reference to any
commercial undertaking or enterprise. ohibition of parking shall not apply to temporary
parking of trucks and commercial vehi F~as for pick-up, delivery, and other commercial
services. .-,
No vehicle which is unlicensed or i~ ~ may be kept or stored on the Property,
unless kept fully enclosed inside a garage. N k to any type of motor vehicle, boat or
trailer shall be conducted on any Lot other t repairs, cleaning or waxing which is
completed in less than 24 hours.
O
Section 12. Fences. No fence, wall or othe shall be erected in the front yard,
back yard, or side yard except as approved by the ACB ~ Iled by the Developer.
Section 13. Hedges. No hedge shall be erected in nt yard except as approved by
the ACB or as installed by the Developer.
Section ]4 Garbage d Trash Disposal. No garbag r ,trash or rubbish shall be
kept or permitted upon any Lot or Common Area except in ontainers concealed from
view from the street or another Lot, provided however, that t eels adopted from time
to time by the City of Winter Springs for disposal or collections a complied with at al]
times. All equipment for the storage or disposal of such maters kept in a clean and
{rLO~~ae~;a~ 16
Book6116JPage1469 CFN#2006022465
sanitary condition. All garbage placed out for collection must be in sealed garbage bags, covered
plastic garbage cans, or such other containers supplied or approved by the garbage collecting
authority. Trash, recyclables, and/or vegetation shall not be placed curbside earlier than 6:00 P.
M. the evening before collection. Emptied receptacles or uncollected refuse shall be promptly
removed from curbside by Owner.
Drying areas will not be permitted on any lot or anywhere on
site.
ion Gas Co No gas tank, gas container, or gas cylinder (except those
..placed by eveloper or approved by the ACS in connection with the installation of
swimming ti7or permanent barbecues, and except those used for portable barbecues}
shall be per be placed on or about the outside of any house or any ancillary building,
and all such itetcept those placed by the Developer in connection with the installation of
swittttning pool``ss d/o ~rmanent barbecues, and except those used for portable barbecues)
shall be installed ound in every instance where gas is used. In the altctmative, gas
containers may be above ground if enclosed on al] sides by a decorative safety wall
approved by the AC
S eti n 17. Co t ion Equipment. Except as may be installed by the Developer or
as may be permitted by B, no antennas, aerials, or lines, wires or other devices for
communication or transmi n etmront shat] be placed on any portion of the Property. In no
event, however, shall lines for communication or the transmission of current be
conswcted placed, or permitte o be placed within the Common Areas unless the same shall be
installed by the Association for on use of all Members, and shall be protected cables,
and any of said lines or wires w~itot located in buildings shall be constrtteted or placed
and maintained undergmtmd. Any ne wire installations permitted by the ACB ptusuant to
this Section shall be protected cable an~~ only be installed underground.
Section 18 C't> v Requirement. lot or replat of the Property subject to this
Declaration must conform with the app ' ire plan as approved by the City of Winter
Springs. ~
Section 19. Drainage. Unless first apjl~ t
.other than the Developer may obsdvct, alter or t
of drainage utilized or installed by Developer or ss
Common Area or easement area; nor shall any
maintained which shall in any way obstruct such dr
efficient operation, No elevation changes shall be
adversely affect the drainage of or to neighboring L
obswetion, alteration or modification of the method anc
installed by the Developer or the Association shall also
Springs.
.e ACB and the District, no Owner
modify the method and/or structures
~ciation from, on or across any Lnt,
or material be erected, placed or
e ces or facilities or impede their
on any Lot which materially
or the Common Area. Any such
uses of drainage utilized or
a roved by the City of Winter
Section 20. Draining. The Owner of any Lot which
creek, bay head, or other body of water shall not reduce the
by draining therefrom.
~no~axex;s~ l~
adjacent to any pond,
of said body of water
Book6116/Page147O CFN#2006022465
Section 21. Leasing. No lease shall be entered into for less than a twelve (12) month
period, and all leases must be in writing, Owners are required to provide to the Association the
Owner's current mailing address, together with the names of those residing on the Lot. Each
Owner shell be responsible for the acts and omissions, wfiether negligent or willful, of any
person residing on his Lot, and for all guests, and invitees of the Owner or any such resident, and
in the event the acts or omissions of any of the foregoing shall result in any damage to the
Common , or any liability to the Association, the Owner shall be assessed for same as in
the case of other Assessment, limited where applicable to the extent that the expense or
liabili t t by the proceeds of insurance carried by the Association. Furthermore, any
violatio of f the provisions of this Declaration, of the Articles, or the Bylaws, by any
resident o ot, or any guest or invitee of an Owmer or any resident of a Lot, shall also be
deemed a ~y the Owner, and shall subject the Owner to the same liability as if such
violation was y¢~the Owner.
With res~~ect t ~y tenant or any person present on any Lot or any portion of the
property, other and the members of his immediate family permanently residing
with him in the Lot, ' person shall materially violate any provision of this Declaration, the
Articles, or be a sou f annoyance to the residents of the Property, or shall willfully damage
or destroy any Cotnmo or personal property of the Association, then upon written notice
by the Association, such shall be required to immediately leave the Property and if such
person does not do so, the ' tion is authorized to commence an action to evict such tenant
or compel the person to l petty and, where necessary, to enjoin such person from
returning. The expense of any etion, including attorneys' fees, may be assessed against the
applicable Owner, and the As ratio may collect such Assessment aad have a lien for same as
elsewhere provided. The foregoir be in addition to any other remedy of the Association.
Section 22. Waterways. Iv~oto ' boat, jet ski or other motorized vessels are not
permitted in any waterway within the 1\~; " y.
Section 23 Screen Enclosures. een enclostues may be constructed on any Lot
except as approved by the ACB and after approvals and permits have been obtained
from all governmental agencies, No st~e may be constructed in any designated
building setback area on any Lot.
Section 24. Allen Parking. Owners, and im~itees, may not park in or on
right-of--ways designated as alleys on the Plato ated as alleys by the Association or
Developer. Vehicles parked in alleys may be towed r
Section 25 Air Conditioning~quinment. nd cooling of residences with
systems of active or passive solar, wind and other forms energy other than gas or electric shall
be subject to prior approval of the ACB. Components of ystems that are affixed to the
exterior of a residence shall not be permitted unless the thereof shall have fust been
approved by the ACB. Exterior components of any cooling or g system (or a combination
thereof) shall be substantially screened from view from the sv g the residence.
Section 2b. Garaee ors. All residences shall incl al garage doors. All
garage doors shall remain closed at all times when not in use for 't from the garage.
{rL074862;8t 1 g
Book6116/Page1471 CFN#2006022465
Section 27 Window and Sliding Glass Door Treatments. All windows and doors if
covered, shall have proper window coverings, consisting of typical window treatments, such as
two-inch (2") white blinds or the like. Use of towels or shcets are not considered as proper
window coverings and use of such shall be considered a violation of this section.
28 E eror Holi v Decors ions. Holiday decorating shall be permitted on any
I.ot, but m removed within two (2) weeks fallowing the subject holiday.
ec ' ecreati na E ui me .Subject to prior approval of the ACB as to specific
location, ke~ll backboards, fixed or otherwise, and any other fixed gamc and play
structures s orated at the rear of the residence, or in the case of comer Lots on the inside
portion of th ithin tht setback lines. Treehouses or platforms or the like shall not be
constructer on part of the Lot located in front of the rear line of the residence constructed
thereon. Skateboard r~t~3 or equivalent structures shall not be permitted on any Lot.
~~ AR CTI LE 1X-
lJ E L S
The Association's Directors, or its duly authorized agent, shall have the
authority to and shall obtain tall-risk insutartce, if reasonably available, for ap insurable
improvements on the Comoro Are If blanket all-risk coverage is not reasonably available,
than at a minimum an insurance providing fire and extended coverage shall be obtained.
Insurance, other than title ins c, that shall be carried on the Common Area and the
Association Property shall be governehe following provisions:
Common Area and the Association Proms
placed in a single agency of company, if R
The Association has the authority to us
hereinafter, as some of the requirements
prohibitive.
Insured, All insurance policies upon the
be purchased by the Association and shall be
The named insured shall be the Association.
'd~cretion in obtaining the coverage listed
Z or become unobtainable, or may be cost
Section Coverage. ~ ~
(a) Fidelity Bonds. Btanket fid
who either handles or is responsible for funds
Cancellation or substantial modification of the nds m
members and F!1MA servicers Prior to change.
(b) Flazard Insurance. Al! buildings an
Common Area and the Association Property shall
coverage perils, excluding foundation and excavatio
replacement value and all personal property owned
(Tta~aaez;el 19
must be maintained for anyone
Association holds or administers.
zest be noticed to the Association
able improvements on the
d for fire and extended
their maximum insurable
t iation shall be insured
Book6116/Page1472 CFN#2006022465
for its full insurable value, all determined annually by the Board of Directors of the
Association.
(a) Comt~arry Ratin¢. The company or companies with whom the
Association shall place its insurance coverage must meet the following requirements: a B general
policyholder's rating or a financial performance index of 6 or better in the Best's Key Rating
Guide, or arm or better rating from Demotech, Inc.
(b) Deductib .The Association shall determine from time to time the
amount permitted with respect to hazard insurance coverage.
p (c) Endorsements. If available and/or applicable, an Inflation Guard
instruction Code Endorsement, and a Machinery Coverage Endorsement are
required.
(c) ~ ce. If any part of the Association Property is in a Special
Flood H a which is designated as A, AE, AH, AO, Al-30, A-99, V, VE OR
V 1-30 on a nsurance Rate Map, the Association must maintain a master or blanket
policy of flo ins ce. The amount of flood insurance should be at least equal to the
lesser of 100% surable value of the facilities or the maximum covcrage available
under the approp tional Flaod Insurance Administration program. Unless a higher
deductible amount ' ed by state law, the maximum deductible amount for policies
covering the Associ rty and Common Area is the lesser of $5,000 or ] % of the
policy's face amount.
(d) Liabili e. If the policy does not include "severability of
interest" in its terms, a sp rfic endorsement must be obtained to preclude the insurer's
denial of an Owner's claim e of negligent acts of the Association or of other
Owners.
(e) Public Liabi ' I The Association shall obtain public liability
and property damage insurance ri l of the Common Area and the Association
Property and insuring the Associatio Members as their interests appear in such
amounts and providing such coverag d of Directors of the Association may
determine from time to time. The liabr ~ ce shall include, but not be limited to,
hired and non-owned automobile coverng
(f) orkrne ' Co ensation ~ e. The Association shall obtain
workmen's compensation insurance in orde o the requirements of law, as
necessary.
(g) Directors and O cers Liabilit The Association shall obtain
directors and officers liability insurance providin coverage as the Board of
Directors of the Association may determine from time
(h) Other e. The Board of Direc r Association shall obtain
such other insurance a4 they shall determined from time to hm be desirable.
tr.o~aee2:ef 20
Book6116/Page1473 CFN#2006022465
(i) Subrogation Waiver. If available, the Association shall obtain policies
which provide that the insurer waives its right to subrogation as to any claim against
Members, the Association and their respective servants, agents and guests.
Section 3. Premiums. Premiums upon insurance policies purchased by the Association
shall be paid by the Association. The cost of insurance premiums and other incidental expenses
incurred b the Association in administering and carrying out any of the pro~7sions of this
Section sha assessed against and collected from Members as part of General Assessments.
~x i Assoc' io 's Power to m mise Cl ims. The Board of Directors of the
Associa ' ereby irrevocably appointed agent for each Member and for each holder of e
mortgage Olen, for the purpose of compromising and settling all claims arising under
instrance w~urchased by the As~ciation, and to execute and deliver releases upon
payment of c t
o~ ARTICLE X.
~v 1° DEVELOPER'S R]
ection 1. .Notwithstanding any provision herein to the contrary, until the
Developer has complete and conveyed all of the Lots within the Property, neither the
Owners, nor the Associa a r their use of the Common Areas shall interfere with the
completion of the contempt vements and the salt of Lots and any other sales activity of
the Developer, whether re1a to the Property or other developments of the Developer. The
Developers (or its duly suthoriz~ts or assigns) may make such use of the unsold Lots and
the Common Areas as may facil h completion and sale including, but not limited to, the
maintenance of sales offices, con ct n trailers, storage areas, model homes, and/or parking
lots for the showing of the grope the display of signs, billboazds, flags, placards and
visual promotional materials. The r shall have the right to use unimproved Lots for
temporary parking for prospective p and such other parties as Developer determines.
Each Lot and the Common Area is here cted to an easement for the purposes set forth
herein. ~
Section 2.~R platting. It may be nee a Developer to replat a portion of the
Property. The Developer shall have the right p sold portions of the Property without
requiring the }oinder or cot~seatt of any Owner or ee holding a mortgage on any Lot.
O
Section 3. and Con e ' n Pa ment D o ' . In the event a utility
company or governmental authority requires a depos o ade by the Developer, and such
deposit shall be refunded at some time in the future, t e Developer (and not the Association)
shall be entitled to receipt of the refunded funds. ]n ad~~~^"°"ould constnictian payments
made by the Developer be refunded by a utility company o ental authority at some time
in the future, then the Developer (and not the Association) be entitled to receipt of the
refunded funds or the Association shall reimburse the Devcl such payments prior to the
time that Owners other than the Developer elect a majorit ~ embers of the Board of
Directors of the Association.
~TL074Rf 2~,8 f ~' 1
Book6116lPage1474 CFN#2006022465
Section 4. Deveio~er's R~~ht to Common Areas. Developer shall have the right from
time to time to enter upon the Common Areas during periods of construction upon adjacent
Property and for the purpose of construction of any facilities on the Common Areas that
Developer elects to build. Developer may grant easements to Lot Owners adjacent to Common
Areas for overhangs, protrusions and encroachments of any portion of the improvements to a Lai
which are constructed by Developer. The Developer shall have the right to dedicate the
Common Ar or a portion thereof to any governmental authority or utility company, or to grant
an Basemen er the Common Areas in favor of any governmental authority or utility company,
witho ' t the joinder or consent of any other Owner or mortgagee holding a mortgage on
any Lot.
Sec i ant of Developer R.iehts. The Developer shall have the right to assign
to any other or entity any or all of the Developer's rights reserved in this Declaration, in
whole or in respect to all ar any portion of the Property. In the event of an assignment,
the assignee sh of 'able for any action of a prior developer. Acquisition, development or
construction lend 'ring title to the Property or any portion thereof by fotcclosure or deed
in lieu of foreclos I have the right, but not the obligation, to assume the Developer's
rights. Such acquisi ,development or construction lender shall have the right -to assign the
Developer's rights to a su ant purchaser, regardless of whether or not the Developer's rights
were assumed by the ten
S ve e A Action. In the event the Developer no longer
controls the Board of Direr t continues to own a portion of the Property, then the
Developer shall Gave the right veto any action taken by the Hoard if the Developer determines
that such action materially and p~i>~ji ely affects the Developers interest in the community.
Action of the Board shell be sub the Developer within ten (] 0) days of adoption of such
action. In the event a written veto is no livered by the Developer to the Board within ten (10)
days of actual receipt of the action, theetion shall be deemed approved.
The following provisions are for the
mortgages on Lots in the Property.
Section 1. Notices of Action. An Institutid
mortgage, who provides written request to the Assc
address of such holder, insurer, or guarantor and
"Eligible Holder"), will be entitled to timely written r
(a) say condemnation loss or any cos
portion of the Property or which affects any Lot on
insured, or guaranteed by such eligible holder,
insurers, or guarantors of first
insurer, or guarantor of a first
request to state the name and
bar), therefore becoming an
(b) any delinquency in the payment of asse~i
Owner of a Lot subject to the mortgage of such eligible
(TL074862;B) 22
which affects a material
e is a first mortgage held,
charges owed by an
psurer, or guarantor,
Book6116/Page1475 CFN#2006022465
where such delinquency has continued for a period of sixty (60) days; provided, however,
notwithstanding this provision, any holder of a first Mortgage, upon request, is entitled to
written notice from the Association of any default in the performance by an Owncr of a
Lot of any obligation under the Declaration or Bylaws of the Association which is not
cured within sixty (60) days;
(c) any lapse, cancellation, or material modification of any ittsttrance policy or
bond maintained by the Association; or
any proposed action which would require the consent of a specified
c of eligible holders.
O
Sects o 'orit . No provision of this Declaration or the bylaws gives or shall be
construed as y Ownet or other party priority over any rights of the first mortgagee of
any Lot in the of di~bution to such Owner of insurance proceeds or condemnation awards
for losses to ar a tf tht Common Area.
Section 3. o Association. Upon request, each Owner shall be obligated to furnish
to the Association then and address of the holder of any mortgage enettmbering such
Owner's Lot.
ec ' n 4. A li f ' le XI. Noilting contained in this Article shall be
construed to reduce the ore that must othcnvise be obtained under the Declaration,
Bylaws, or Florida law for an the acts set out in this Article.
~tio 5 Failure of Mo to Respond. Any Mortgagee who receives a written
request from the Board to respond or consent to any action shall be deemed to have approved
such action if the Association does ive a written response from the Mortgagee within
thirty {30) days of the date of the 'on's request, provided the notice was delivered by
certified or registered mail, with a "recur pt" requested.
O
,~cction 1. Duratiott. The covenants and t
bind the land, and shall inure to the benefit o
Association, the City of Winter Springs to the exten
any Lot subject to this Declaration, and their assigns, f
this Declaration is recorded, after wMch time said cov
successive periods of ten (10) years each unless an insi
two-thirds of the Lots and an instrument signed by the
mortgaged Lots have been recorded, agreeing to cha
restrictions in whole or in part.
of this Declaration shall run with and
enforceable by the Developer, the
crests appear herein, or the Owner of
f thirty (30) years from the date
shall be automatically extended for
stgned by the then Owners of
~rtgagees of two-thirds of the
~~dr~3cmtnate said covenants and
Section 2. Notice. Any notice required to be sent to a`~
this Dxlaration shall be deemed to have been properly sent when
(postpaid), transmitted by way of telecopy, or sent by overni~
(17.014862;8 ~ 23
under the provisions of
ly delivered or mailed
. to the last known
Book61161Page1476 CFN#2006022465
address of the person who appears as Member or Owner on the records of the Association at the
time of such mailing.
Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any
proceeding at taw or in equity against any person or persons violating or attemptinc to violate
any covenant or restriction either to restrain violation or to recover damages, and against the land
to enforce an lien created by these covenants and failure by the Developer, the Association or
any Owner nforce any covenant or restriction herein contained shall in no event be dcemed a
waiver 'ght to do so thereafter. These covenants may also be cnforecd by the
Archit 18oard. The District shall have the right to enforce, by a proceeding at law
or in eq ' provisions contained in this Declaration which relate w the maintenance,
operation of the surface water or Stormwater Management System. The City of
Winter Sprin also have the right to enforce, by a proceeding at law or in equity, the
provisions cont~ n this Declaration which relate to the maintenance, operation and repair of
the surface wattYor S or t~water Management System and the provisions m whtch the tatty of
Winter Springs' i appear herein. The Association is hereby empowered to adopt
reasonable rules an tions for the imposition of fines to be levied against any Owner for
failure to comply wi a terms of this Declaration or rules and regulations of the Association.
Any rule or regulation sub' g any Owner to fines shall include provisions for notice, hearing,
appeal and fines. Fines nstitute an assessment due to the Association and upon failure to
pay such fine within the prescribed by the Association shall become a chazge and
continuing lien upon the O t
Section 4. Severability. nvalidation of any one of these covenants or restrictions by
judgment or court order shall in > affect any other provisions which shall remain in full
force and effect.
Section S. Amendment. For as the Developer has the right to appoint the entire
Board of Directors of the Association, veloper may unilaterally amend this Declaration.
At such time as the Developer no longer s t to appoint the entire Board of Directors of the
Association this Declaration may be amen by the affirmative vote or written consent, or
any combination thereof, of Members r r ~ two-thirds of the total votes of the
Association. Every amendment must have th n joinder and consent of the Developer for
so long as the Developer owns any portion of a However, the percentage of votes
necessary to amend a specific clause shall n than the prescribed percentage of
affirmative votes required for action to be taken at clause. Any amendment must be
recorded in the Public Records of Seminole Count da. No tunendmeM shall make any
chances which would in any way affect any of then ' 'ages, powers or options herein
provided in favor of, or reserved to, Developer, unless per joins in the execution of the
amendment. Any amendments to this Declaration wlu alter any provision relating to the
surface water or Stormwater Management System, beyond ce in its original condition,
including the water management portions of the Commons ust have the prior approval
of the District and the City of Winter Springs. Any amendme t~ is Declaration which alter
the age restrictions with respect w persons under eighteen (! 8) age must have the prior
approval of the Winter Springs Board of City Commissioners ~ eveloper for so long as
the Developer owns any Lot(s) within the Property.
tn.o~aacz;et 24
Book6116IPage1477 CFN#2006022465
Section 6. Litigatio . No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by a vote of seventy-fivc (7~%) percent of the
Owners. This Section shall not apply, however, to (a) actions brought by the Association to
enforce the provisions of this Declaration (including, w7thout limitation, the foreclosure of liens),
(b) the imposition and collection of assessments, (c} proceedings involving challenges to ad
valorem taxation, (d) actions brought by the Association to enforce contracts to which the
Assoeiatio a patty, or (e) counterclaims brought by the Association in proceedings instituted
against it. section shall aot be amended unless such amendment is made by the Developer
or is y the percentage votes, and pursuant to the same procedures, necessary to
institu r gs as provided above.
Sec ~f'ectiv ate. This Declaration shall become effective upon its recordation
in the Semi _¢p~nty Public Records.
t' n~~(gJ'~1~ iioa f aw• Co is Notwithstanding any covenant, condition,
easement or res established herein to the contrary, the Developer, Association, and all
Owners shall co 'th all applicable laws, statutes, ordinances, regulations and codes
affecting the Prope chiding all Lots and Cotnmon Areas, tool die Developer, Association,
and Owners shall not ha a right to violate any applicable law, statute, ordinance, regulation
or Code. In the event conflicts existing between this Declaration and any local, state, or
federal law, the more re conflicting provision shall take precedence; provided, however,
in the event the local, sta r federal law is preemptory in nature, the local, state, andlor
federal law shall prevail and icable.
EXECUTED the date fire written.
Signed, sealed and delivered LEVITY AND SONS OF SEMINOLE
in thg~esence of: COUNTY, LLC, a Florida limited liability
~ 1 n ~~ compaay
1
Name: °~
[Co]
(TL07~862;E) 25
Book61161Page1478 CFN#2006022465
STATE OF FLORIDA
SS
COUNTY OF Ser.,;,~e le, )
"Che foregoing instrument was acknowledged before me, this ~+l day of ~«•~+. ,
2005, by 1~±. Sr~u-.~~ ~ as l~P o'F~.~- of Levitt aad Sons of Seminole
County, L a Florida limited liability company. He or she is personally known to me.
N Public
~, ljiER~'~ P Name: "3`P.w~;e. ~a~.~-d'
~c ~F9s State of Florida
~;}•ys+-'~~ My Commission Expires: Tine, (~ ~a~
~~
~-
l~
~o
~~
~n.mas~;e> 26
Book6116/Page1479 CFN#2006022465
EXHIBIT "A"
Lots 1 d 16, Block "B" of D.R. MITCHELL'S SURVEY OF'I'HF. LEVY GRANT ON LAKE
JESSU cording to the plat thereot' as recorded in Plat Rook 1, Page 5 of the Public Records of
S e unty. Florida.
described as:
BEGIN ~~r "thwest corner of Lot l5, Block "B", D.R. MTCCHELI: S SURVEY OF THE
LEVY G N LAKE JESSUP, according to the plat thereof as recorded in Plat Book 1, Page
5, Public Records ~minole County, Florida; thence run North 18°39'16" East along the West
line of said ~~~distance of 746.31 feet to the Northwest comer of said Lot 15 and South
right of way lin '~!' ge Avenue; thence run South 71°56'39" East along said North line of said
Lots 15 and l6 the outh right of way line of Orange Avenue (a 50.00 right of way according
to said plat of U.R. ELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP), for a
distance of 597.02 fe ce run South 69°21'54" East continuing along the North line of said
Lots I S and l6 and sat right of way line, for a distance of 323.84 feet; thence run South
63°18'14" East along th a of said Lots 15 and 16 and said South right of way line, for a
distance of 80.59 feet tot ortheast corner of said Lot 16; thence run South 18°35'40" West
along the East line of said Lot 1 ~ r a distance of 728.68 feet to the Southeast coma of said Lot
16 and North right of way lin unnamed platted right of way; thence nut North 71°25'29"
West along the South line of s Lots 16 and l5 and the North right of way line of an unnamed
platted right of way, for a distance~U1.20 feet to the POINT OF BEGINNING.
Contains 17.159 acres more or less.
O
O
rCJ
Book6116lPage148O CFN#2006022465
O
o
BYLAWS
(( J) OF
~.:.~JESUP'S LANDING
TOWNHO WNI;RS' ASSOCIATION. L~VC.
~~
~~
jTLO',<86~;1 ~
Book6116lPage1481 CFN#2006022465
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS ...................................................•--..................................................... I
ARTICLE II LOCATION ............................................................................................................... 1
ARTICI.E,N~1'1SCAL YEAR ........................................................................................................ 1
ARTICLE~B$~T(D OF DIRECTORS ....................................................................................... 1
ARTICLE VIERS ............................................................................................................... 6
O
ARTICLE VII GS OF MF.MBERS ................................................................................. 7
ARTICLE VIII CO [TTEES ..................................................................................................... 8
ARTICLE IX BOOKS~APERS ........................................................................................... 9
ARTICLE X AMENDMEl~~ .................................................................................................. 9
c~
l~
~0
~~
(TL07a86a;~
Book6116IPage1482 CFN#2006022465
BYLAws
OF
JESUP'S LANDING
TOWNHOMES OWNERS' ASSOCIATION. INC.
ARTICLE I
i y hI- ~
ed terms used in these Bylaws shall have the meaning assigned to them in the
Declarati slhictions and Protective Covenants for Jesup's Landing Townhomes, recorded
among the ecords of Seminole County, Florida, as they may be modified from time to
time. ~l ()
O ARTICLE II
LOCATION
Section 1. cipal office of the Association shall be 4037 Avalon Park East
Boulevard, Orlando, Flo 2B.
ARTICLE III
MEMBERSHIP
Sxtion 1. Membershi ~ the Association is as set forth in the Declaration.
action 2• The rights of n~~i ship are subject to the payment of annual and special
assessments levied by the Association, ligation of which assessment is imposed against
each Owner of, and becomes a lien u Properties against which such assessments are
made as provided in the Declaration to wh parties are subject.
O
Section 1. The fiscal year of the Associa`~la~ll be the calendar year.
ARTICLE v~~/
BOA OF DIRECTOl~1
Section 1. Subsequent to the appointment of dire ~r y the Class B Member, as
provided in the Articles of Incorporation, the directors of the ion shall be elected at the
annual meeting of the members. The election procedure is s ARTICLE VII of these
Bylaws. ~j
{TIAla661;11
Book61161Page1483 CFN#2006022465
Section 2. Any director may be removed from office at any time with or without
cause by the affirmative majority vote of the Association membership, except that the directors
elected by the Class B Member including those named in the Articles of Incorporation may be
removed only by the Class B Member.
t' n 3. The first meeting of the duly elected Board of Directors, for the purpose of
organi7ati ,shall be held immediately after the annual meeting of Association members;
provided ajority of the members of the elected Board are present. Any action taken at such
meet by a majority of the Board. If the majority of the members of the Board elected
shall t be nt at that time, or if the directors shall fail to elect officers, the meeting of the
Boazd t fficers shall then be held within thirty days after the annual meeting of members
upon thr lice in writing to each member of the Boatd elected, stating the time, place
and object gl~rteeting.
lion li~ogular meetings of the Board of Directors may be held at any place or
places within S e County, Florida, on such days and at such hours es the Board of
Directors may, b 'on, appoint.
tin No of meetings shall be posted in a conspicuous place on the
Association property 4$ hours in advance, except in an emergency. Notice of any
meeting in which arse against Lots are to be established shall specifically contain a
statement that assessment c considered and a statement of the nature of such assessments.
action 6. Specia eetings of the Board of Directors may be called at any time by
the President of by a majority Board and may be held at any place or places within
Seminole County, Florida, and me.
Section 7. Notice of eat 1 meeting of the Board of Directors, stating the time,
place and purpose or purposes thereo a given by or on behalf of the President or by or on
behalf of the Secretary or by or on a majority of the members of the Board to each
member of the Board not less than rev for to the scheduled date of the special meeting
by mail or one day by telephone, tale a ~ernight courier, hand delivery or telecopy.
Emergency meetings of the Board may al ~ at any place and time without notice by
unanimous waiver of notice by all the dir tires of all meetings of the Board of
Directors will comply with Chapter 720, Flori
Section 8. No Director shall receive mpensation from the Association for
acting as such unless approved by Members repr majority of the total vote of the
Association ai a regular or special meeting of the A n; provided any Dircetor may be
reimbursed far expenses incurred on behalf of the Asao 'lion upon approval of a majority of the
other Directors.
Sectio Subject to the provisions of Section 1 's Article, all meetings of the
Board shell be open to all Members, except meeting's betty oard and its attorney with
respect to proposed or pending litigation, but no Member o 'rectors may participate in
any deliberation unless permission to speak is requester! on s ~iehalf by a Director. In
;T1A'.4864:1 J
Book61161Page1484 CFN#2006022465
such case, the President may limit the time that any Member may speak in accordance with
Chapter 720, Florida Statutes.
ection ]0. Any action to betaken at a meeting of the Directors or any action that may
be taken at a meeting of the Directors may be taken without a meeting if a consent in writing,
setting forth the action so taken, shall be signed by all of the Directors, and such consent shall
have the same force and effect as a unanimous vote.
The Board of Directors shall he responsible for the affairs of the
ll have all of the powers and duties necessary for the administration of the
and, as provided by law.
Q
Th of Directors shall delegate to one of its members the authority to act on behalf
of the Boar tors on all matters relating to the duties of the Managing Agent or Manager,
if any, which t eri. O etween meetings of the Board of Directors.
In additioii~ duties imposed by Chapter 720, Florida Statutes, together with these
Bylaws, the Board tors shall have the power to and be responsible for the following, in
way of explanation, t no 'mitation:
a. p 'on and adoption of an annual budget in which there shall be
established the contributi e h Owner to the Common Expenses;
b. makingments to defray the Common Expenses, establishing the
means and methods of collecting su assessments, and establishing the period of the installment
payments of the annual assessor ich may be payable in annual, semi-annual, or quarterly
installments, as determined by the azd of Directors;
c. providing for t t~o~ration, care, upkeep, and maintenance of all of the
Common Areas; ~~
d. designating, hiring, 'missing the personnel necessary for the
maintenance, operation, r~air, and replac t~ the Association, its property, and the
Common Areas where appropriate, providing penration of such personnel and for the
purchase of equipment, supplies, and material w~ by such personnel in the performance
of their duties;
e. collecting the assessments, Q ing the proceeds thereof in a bank
depository which it shell approve, and using the pro dminister the Association; the
reserve fund may be deposited, in the directors' best ss judgment, in depositories other
than banks;
making and amending rules and
g. opening of bank accounts on bel
signatories required;
{TLA74864;1 I
and designating the
Book6116/Page1485 CFN#2006022465
h. making or contracting for the making of repairs, additions, and
improvements to or alterations of the Common Area in accordance with the other provisions of
the Declaration and these Bylaws after damage or destruction by fire or other casualty;
i. enforcing by legal means the provisions of the Declaration, these Bylaws,
and the rules and regulations adopted by it and bringing any proceedings which may be instituted
on behalf of or against the Owners concerning the Asec-ciation after receiving the proper
authorizatfn~, if any, required by the Declaration;
obtaining and carrying insurance against casualties and liabilities, as
ation, and pa)nng the premium cost thereof;
4
\~~ paying the cost of all sen~ices rendered to the Association or its Members
and not char ~ Owners;
I. §intaining the official records of the Association in accordance with
n. permitting uti ' lie
reasonably necessary to the ongoing dev nt
Florida Statute § as may be amended from time to time. The said official records of the
Association shall ilable for examination by the Owners and mortgage, their duly
authorized agents, accoun ts, or attorneys, dwing general business hours on working days at
the time and in a m shall be set and announced by the Board of Directors which shall
be within ten (10) basin after receipt of a written request for examination. Al] financial
and accounting records of iation shall be kept according to good accounting practices;
m. making~eble for review to any prospective purchaser of a Lot, any
Owner of a Lot, any first Mortga d the holders, inswers, and guarantors of a first Mortgage
on any Unit, current copies of [)!laration, the Articles of Incorporation, the Bylaws, talcs
governing the Lot and ell other bo ,records, and financial statements of the Association;
o. taking any actions
Master Declaration; and
p. exercising for and on
authority vested in or delegated to the Assn
Declaration of Restrictions and Protective
Incorporation of the Association.
rs to use portions of the Common Area
or operation of the Properties;
required to be taken under the terms of the
O
Association all powers, duties and
those reserved to members in the
the Property or in the Articles of
Section l2• 11te Board of Directors may cnfor
management agent or agents, at a compensation estab is
perform such duties and sen~ices es the Board of Dirac t
Directors may delegate to the managing agent or manager, su
of the powers granted to the Board of Directors by these Byla
in subparagraphs Section I l .a, b, f, g, and i of Section 11 of this
affiliate of Developer, may be employed as managing agcn~
contract may have a term in excess of one (I) year and must peg
without cause and without termination fee on ninety (90) days, or
!~n.6~aecsa I
the Association a professional
y the Board of Directors, to
all authorize. The Board of
the Board's supervision, all
than the powers set forth
. The Developer, or an
er. No management
it ation by either party
I .. , notice.
Book6116/Page1486 CFN#2006022465
Secti 3. The following management standards of performance will be followed
unless the Board by resolution specifically determines otherwise:
a. accrual accounting, as defined by generally accepted accounting
principles, shall be employed;
b. disbursements by check shall require two (2) signatures; cash accounts of
the Assoc' n shall not be commingled with any other accounts;
no remuneration shall be accepted by a managing agent from vendors,
indepen tractors, or others Providing goods or sen~ices to the Association, whether in the
form of igr~s, finder's fees, service fees, prizes, gifts, or otherwise; any thing of value
received sh efit the Association;
~,J' '" an financial or other interest which a managing agent may have in any
firm providing goo~~erviees to the Association shall be disclosed promptly to the Board of
Directors; and
e. an a ual report consisting of at least the following shall be distributed
within one hundred tw 0) days after the close of the fiscal year; (1) a balance shcet as of
the end of the fiscal y an operating (income) statement for the fiscal year; and (3) a
statement of changes in fi ct position for the fiscal yeaz. However, if the holder, insurer, or
guarantor of eny ftrst mortg s secured by a Unit submits a written request for an audited
statement, the Association mu rovide one.
Secti The Boarectors shad have tht power to borrow money for the
purpose of repair or restoration n e Common Areas without the approval of the Members of
the Association; provided, however, d shall obtain Member approval in the same manner
provided in the Declaration for sped ments in the event that the proposed borrowing is
for the purpose of modifying, improvi adding amenities, and the total amount of such
borrowing exceeds or would exceed fiv etcent of the budgeted gross expenses of the
Association for that fiscal year.
O
Section 25. The Board shall have impose reasonable fines, which shall
constitute a lien upon the property of the viola ,and to suspend an Owner's right to
vote or to use the Common Area for violation of imposed under the Declaration, these
Bylaws, or any rules end regulations duly adopted ;provided, however, nothing herein
shall authorize the Association or the Board of Direc 'ingress and egress to or from a
Lot. In the event that any occupant of a Lot violat laration, Bylaws, or a rule or
regulation and a fine is imposed, the fine shall first be ssed against the occupant; provided,
however, if the fine is not paid by the occupant within the [1 rind set by the Board, the fine
shall constitute a lien upon the Lnt in which the occupant r and the Owner shall pay the
fine upon notice from the Association. The failure of the Roa o force any provision of the
Declaration, Bylaws, or any rule or regulation shall not be de azver of the right of the
Board to do so thereafter.
a. Notice. Prior to imposition of any sanetio h er, the Board or its
delegate shat! serve the alleged violator with written noticed tog (i} the nature of the
~TLA718d1;1 ~
Book6116/Page1487 CFN#2006022465
alleged violation, (ii) the proposed sanction to be imposed, (iii) a period of not Less than fourteen
(14) days within which the alleged violator may present a written request to the committee
designated by the Board, if any, or Board of Directors for a hearing; and (iv) a statement that the
proposed sanction shall be imposed as contained in the notice unless a challenge is begun within
fourteen (14) days of the notice. If a timely challenge is not made, the sanction stated in the
notice shall be imposed.
b. klearin¢. 1f a hearing is requested in a timely manner, the hearing shall be
held ' e session before the body specified in the notice which shall afford the Owner a
reason e o pity to be heard. Prior to the effectiveness of any sanction hereunder, proof of
proper hall be placed in the minutes of the meeting. Such proof shall be deemed
adequate Qf the notice, together with a statement of the date and manner of delivery, is
entered by cer, Director, or agent who delivered such notice. The notice requirement
shall be dce 'sfied if the alleged violator or his designated representative appears at the
mceting. The mu s ®f the meeting shall contain a written statement of the results of the
hearing and the~t n, rf any, imposed. The hearing shall be conducted in accordance with
Section 720.305, f~ fatale.
c. A ]:f the hearing is held before a body other than the Board, then the
violator shall have the o appeal the decision to the Board of Directors. To perfect this
right, a written notice o ust be received by the manager, President, or Secretary of the
Association within thirty ( after the hearing date.
d. Additiddal Enforcement ltiehts. Notwithstanding anything to the contrary
herein contained, dte Associationg through the Board of Directors, may elect to enforce
any provision of the Declaration, Bylaws, or the rules and regulations of the Association by
self-help (specifically including, bu no mttcd to, the towing of vehicles that are in violation of
parking rules and regulations) or by law or in equity to enjoin any violation or to recover
monetary damages or both without sty for compliance with the procedure set forth
above. Tn any such action, to the m extent permissible, the Owner or occupant
responsible for the violation for which ent is sought shall pay all costs, including
reasonable ettomcy's fees actually incurred. ~
ection 1. The officers of the .Asso
Directors at the first meeting of the Board of
Members, as herein set forth in Article VII.
Section 2. Any officer may be removed at an}
majority of the Board of Directors at any duly called regular
Section 3• The President shall be the chief execs
President shall preside at all meetings of the members of i
Directors. He shall have the general powers and duties of
(TL071864;~ 1
xl artually by the Board of
each annual meeting of the
the affirmative vote of a
meeting of the Board.
of the Association. The
l~n and of the Board of
prod management of the
Book6116/Page1488 CFN#2006022465
Association which usnally pertain to his office, and shall perform all such duties as are properly
required of him by the Board of Directors. The Board of Directors shall elect one Vice
President, who shall have such powers and perform such duties as usually pertain to such office
or as aze properly required of him by the Board of Directors. In the absence or disability of the
President, the Vice President shall perform the duties and exercise the powers of the President.
The Secretary shall issue notices of all meetings of the membership of the Association and the
Board of rxtors where notice of such meetings is required by law or in these Bylaws. He
shall keep minutes of the meetings of the membership and of the Board of Directors.
ec ' The Treasurer shell have the care and custody of ali the monies and
securiti Association. He shall enter on the books of the Association, to be kept by him
for that p 1W1 and accurate accounts of all monies received by him and paid by him on
account of ociation. He shall sign such instruments as require his signature and shall
perform al} s ies as usually pertain to his office or as are properly required of him by the
Board of Dire s. p
Section 5•~ cies in any office arising from any cause may be filled by the Board
of Directors i'or the Aired portion of the term.
action 6. car may resign at any time by giving written notice to the Board
of Directors, the Preside c Secretary. Such resignation shall take effect on the date of the
receipt of such notice or later rime specified therein, and unless otherwise specified
therein, the acceptance of su 'nation shall not be necessary to make it effective.
.-~~ ARTICLE VII
Section L Subsequent to "' a as the Class A Members are entitled to elect a
director, a meeting of members shall he nually during the month in which the Declaration
was recorded at such time and place as tennined by the Board of Directors.
Section 2. For election of memb o board of directors, members shall vote in
person at a meeting of the members or by a ba homeowner personally casts.
Section 3. Members may not vote b al proxy, but rosy vote by limited proxy.
Limited proxies and general proxies may be used lish a quorum. Limited proxies rosy
also be used for votes taken to amend the articles tion or bylaws or for any matter
that requires or permits a vote of the members. A pro of be used for the election of the
members of the board of directors as provided in Sectio ereof.
Any proxy shall be effective only for the specific m ti for which originally given and
any lawfully adjourned meetings thereof. A proxy is not vat period longer than 90 days
after the date of the first meeting for which it was given. A p ocable at any time at the
pleasure of the member who executes it. O
Section 4. Special meetings of the members may be 11 r any purpose at any
time by the President or a majority of the members of the Boazd o
trt nrasr,~; ~ F
Book6116lPage1489 CFN#2006022465
Section 5. Notice may be given w the member either personally, or by sending a
copy of the notice through the mail, (postage thereon fully paid), by overnight courier or by
telecopy transmittal, to his address appearing on the records of the Association. Each member
shall register his address with the Secretary, and notices of meetings shall be mailed to him at
such address. Notice of any meeting, regular or special, shall be mailed, personally delivered,
overnight couriered or telecopied nt least seven (7) days in advance of the meeting end shall set
forth the g eral nature of the business to be transacted, provided, however, that if any business
of any m t shall involve any action governed by the Articles of Incorporation, notice of such
mee ' e given or sent as therein provided.
The presence at the meeting of members entitled to cast thirty-three and
one-third ((p3 113%) of the Class A membership votes shall constitute a quorum for any
action gov these Bylaws.
e io If~ty meetings of the Association cannot be held because a quorum is not
present, a majarit a Members who are present at such meeting, may adjourn the meeting w
a time not less th S} nor more than thirty {30) days from the time the original meeting
was called. At the nvened meeting at which a quorum is present, any business which might
have been transacted at eating originally called may be transacted. If a time and place for
reconvening the meeti t fixed by those in attendance at the original meeting or if for any
reason a new date is fix onvening the meeting after adjournment, notice of the time and
place for reconvening th shall be given to Members in the manner prescribed for
regular meetings.
The Members present at called or held meeting at which a quorum is present may
continue to do business until add ant, notwithstanding the withdrawal of enough Members
to leave less than a quorum, provide at Members representing at least twenty-five (25%)
percent of the total votes of the Asso ti remain present, and provided further that any action
taken shall be approved by at least a f the Members required to constitute a quorum.
Sec ion g• The President shag"
Secretary shall keep the minutes of the
adopted at the meeting, as well as a record c
Order shall govern the conduct of meetings.
over alt meetings of the Association, and the
~ar~ record in a minute book all resolutions
~tsacttons occurring thereat. Roberts Rules of
cction 9. Any action required by la ~ taken at a meeting of the Members, or
any action which may be taken at a meeting of the •, may betaken without a meeting if a
consent in writing setting forth the action so taken sh d by all of the Members entitled
to vote with respect to the subject matter thereof, ands ant shall have the same force and
effect as a unanimous vote of the Members.
ARTICLE VIII
CONIltiIITTEES
Section 1. The Architectural Control I~oard shall a ing committee of the
Association. The Board of Directors may appoint such other corn 'tt it deems advisable.
(T1A1A861; I t S
Book61161Page1490 CFN#2006022465
Section 2. The Architectural Control Board shall be appointed, shall serve and shall
have the duties and functions as described in the Declaration. A party aggrieved by a decision of
the Architectural Control Boetd shall have the right to make a written request to the Board of
Directors, within thirty (30) days of such decision, so that the Board of Directors may review
such decision. The determination of the Board of Directors, upon reviewing such decision of the
Architectural Control Board, shall in all events be diapositive.
ARTICLE IX
BOOKS AND PAPERS
busing
and papers of the Association shall at all times, during reasonable
o the inspection of any member of the Association.
~ ARTICLE X
Section 1. -Th Bylaws may be amended, at a regular or special meeting of the
members, by a vote o rity of members present in person or by proxy, provided that the
notice to the members eeting disclosed the information that the amendment of the
Bylaws was to be consi rovided, however, the provisions which are governed by the
Articles of Incorporation o elation may not be amended except ac provided in the
Articles of Incorporation or a icable law; and provided further that any matters stated herein to
be or which are in fact governe a Declaration of Restrictions and Protective Covenants
referred to herein may not be attexcept as provided in such covenants. Notwithstanding
anything herein to the contrary, the`~Ias B Member as described in the Articles of Incorporation
of the Association shall be permitted end these Bylaws at any time and no amendment of
these Bylaws maybe made without th t of the Class B Member.
Section 2. In case of any cod
Bylaws, the Articles shall control; and in
these Bylaws, the said Declaration shall ce
1 hereby certify that the foregoing Bylavl
Association, Inc. were duly adopted by the Board
held for such purpose on this ~r^day of ~-~
's Landing Towmhomes Owners'
~of said association in a meeting
,2005.
chmitt, P. etary
Q
ITL474861:1)
t the Articles of Incorporation and these
any conflict between the Declaration and
Book61161Page1491 CFN#2006022465
r~
ARTICLES OF INCORPORATION
FOR
JESCIP'S LANbiNG TOWNHU'KES OWNERS' ASSOCIATION, INC.
(a corporation not-for-profit)
The undersigned, acting es Incorporatot(s) of a corporation pursuant to Chapter 617,
Florida Statutes, adopt(s) the following Articles of Incorporation:
ARTICLE I. -NAME
Inc. (the
of the corporation shall be Jesup's Landing Townhomes Owners' Association,
The initial"~sst' 1 place of business and mailing address of the corporation shall be
4037 Avalon Park E Ao~evard, Orlando, Florida 32828.
ARTICLE IIQ. -PURPOSE(S)
The corporation is as a corporation not-for-profit under Chapter 617 of the
laws of the State of Florida specific purposes for which the corporation is organized are:
1. To promote the ha~ af'ety and social welfaze of the Owners of Property within
that residential area referred to a esup's Landing Townhomes, a residential subdivision, and
described in the Declaration of Rc ~ ns and Protective Covenants for Jesup's Landing
Townhomes (the "Declaration") by d Sons of Setniuole County, LLC, a Florida limited
liability company, to be recordedtn the Records of Seminole County, Flotida.
2. To own and maintain, tee
landscaping and other improvements in ant
maintain and repair has been delegated and
3. To control the specifications, t
location of, and landscaping around, all btnldin
walls, fences, swimming pools, antennae, sewers,
constructed, placed or permitted to remain in
improvement, addition or change thereto.
design, appearance, elevation and
provements of any type, including
lisposal systems or ocher structures
as well as the alteration,
4. To operate without profit for the benefit of
5. To operate, maintain and manage the surface I
system(s) in a manner consistent with the St. John's River
"District") permit requirements and applicable District Rules,
of the provisions of the Declaration that relate to the surface
system.
(TL074B63;2)
replace the general andlor Common Area,
fdlrtg the property for which the obligation to
a or stotmwater management
'Management District (the
sist in the enforcement
wat orrnwater managemrnt
Book61161Page1492 CFN#2006022465
6. To perform those functions reserved by the Association in the Declaration.
ARTICLE IV. -GENERAL POWERS
The general powers that the Association shall have are as follows:
1. To hold funds solely and exclusively for the benefit of the members for the
purposes rth in these Articles of incorporation.
promulgate and enforce nrles, regulations, bylaws, covenants, restrictions and
agrcem actuate the purposes for which the Association is organized.
Q
3. elegate power or powers if and to the extent deemed to be in the interest of
the Associate n
4. To ~sessments to be levied against Lots within the Property and the costs of
effectuating the o nd purposes of the Association and to create reasonable reserves for
such expenditures, o authorize its Board of Directors, in its discretion, to enter into
agreements with mortga companies and other organizations for the collection of such
assessments.
S. To pay taxe~ther charges, tf any, on or against the Common Area.
6. To levy and ct adequate assessments against members of the Association for
the cost of maintenance and opera ' f the surface water or atormwater management system.
a
7. To have all powe nferred upon a corporation by the laws of the State of
Florida, except as prohibited herein. ommon Area cannot be mortgaged or conveyed by
the Association without the affirmati~ fat least two-thirds of the Class A Membership, or
a governmental entity. (~D
Directors steal] be elected or appointed
the Association.
L. Every Owner of a Lot that is subject to
Association. Membership shall be appurtenant to and n
any Lat which is subject to Assessment.
2. The Association shall have two classes of
with the provisions of the Bylaws of
a. Class A. Class A Members shall be all
Developer, and shall be entitled to one vote for each Lot ow
{TL074AA3;2 }
tt shall be a Member of the
separated from ownership of
the exception of the
ore than one person
Book6116/Page1493 CFN#2006022465
holds an interest in any Lot, all such persons shall be Members. Ilse vote for such Lot shall be
exercised as they determine, but in no event shall more than one vote be cast with respect to any
Lot.
b. Class B. The Class B Member{s) shall be the Developer. The Class B
Membcr shall be entitled to the same number of votes held by all other Members of the
Association lus one; arovided. however. that notwithstanding any provision to the contrary, the
Developers i have the right to appoint the entire Board of Directors of the Association until 40
days of the Lots have been conveyed to Owners other than the Developer, or at an
earlier ate a sole discretion of the Developer. The Developer is entitled to elect one
member oard of Directors as long as the Developer holds for sale in the ordinary course
of busine a ~"/o of the parcels in the community.
The shall cal] a meeting, as provided in the Bylaws for Special Meetings, to
provide for the mo er~yf control of the Board of Directors to the Owners at this time. The
Developer shall h right to appoint one member to the Board of Directors for so long as the
Developer owns n of the Property.
ARTICLE VII. - Da2ECTORS
The Board of Dt of the Corporation shall be comprised of at least three (3)
directors. The initial mem Board of Directors and their street addresses are:
Dave Schmitt, P.E. ~ 4037 Avalon Pazk East Boulevard
0 Orlando, Florida 32828
Robert Hutson ~ 4037 Avalon Park East Boulevard
Orlando, Florida 32828
Ron Utterback
7 Avalon Pack East Boulcvard
ando. Florida 32828
O
As tong as Developer shall have the t oint the Board of Directors, Directors
;n.a~ase~;zl 3
need not be Members of the Association end n n residents of the State of Florida. All
Directors appointed by Developer shall serve at of Developer, and may be removed
from office, and a successor Director may be appo' a any time by Developer. At the fast
annual election to the Boazd of Directors at which re elected by the Members, the
term of office of the elected Director receiving the hig ity of votes shall be established
at two (2) years, with the other altered Directors to s for a term of one (1) year. Elections
shall be by plurality votes. All Directors shall hold office a election of new directors at
the next annual mating or resignation of said Director. E a thereafter, as many Directors
shall be elected and appointed, as the case may be, as th regular terms of office of
Directors expiring at such time, and the term of the Dire ctor led or appointed at each
annual election shall be for two (2) years expiring at the s election following their
election, and thereafler until their successors ere duly ele cted an 'fled, or until removed
from office with or without cause by the affirmative vote of a the Members which
Book6116lPage1494 CFN#2406022465
elected or appointed theta. Any Director appointed by the Class B Member shall serve at the
pleasure of the Class B Member and may not be removed except by action of the Class B
Member, and may be removed from office, end a successor director may be appointed, at any
dme by the Class B Member.
ARTICLE VID. -OFFICERS
cers of the Association shall be a President, a Vice President, a Secretary and a
Treas , an ch other officers as the Board may from time to time, by resolution, create.
Any two a offices may be held by the same person except the offices of President and
Secretary. all be elected for one (1) year terms in accordaaec with the procedures set
forth in the .The names of the Officers who arc to manage the affairs of the Association
anti! the first eeting of the Board of Directors and until their successors are duly elected
and qualified a ~
Presiden er Robert Hutson
Vice Preside ec~tary Dave Schmitt, P.E.
~'N'/_ ARTICLE IX.
~~
The street address of 1~rporation's initial registered office is 4037 Avalon Perk East
Boulevard, Orlando, Florida 328 d the name of the initial Registered Agent at such address
is Robert Hutson.
The name and street address c
Robert Hutson, 4037 Avalon Park Eest
The Association shall have perpetual
2orator for these Articles of Incorporation is:
Orlando, Florida 32828.
ARTICZrEE XII ~~A_W_~
The Board of Directors shall adopt Bylaws co with these Articles,
@RTICLE XIII.
A 'D NTS TO LES F N YLAW
For so long as Developer has the right to appoint t e and of Directors of the
Association, Developer may unilaterally amend these Articl time as Developer no
longer has the right to appoint the entire Board of Directors of a ciation, amendment of
these Articles requires the approval of at least two-thirds o bership votes. No
{TLO?4661:2!
Book6116/Page1495 CFN#2006022465
amendment affecting Developer or the successor or assign of Developer of the Property shall be
effective without the prior written consent of said Developer, or the successors or assigns of
Developer.
ARTICLE XIV.
INDE CAFION OF OFFICERS AND DIRE
Association hereby indemnifies any Director or officer made a party or
ie a party to any threatened, pending or completed action, suitor proceeding:
a Whether civil, criminal, administrative or investigative, other then one by
or in the ri a Association to procure a judgment in its favor, brought to impose a liability
or penalty o ~~} ierson for any act alleged to have been wmmitted by such person in his
capacity of D r or officer of the Association, or in his capacity as a Director, officer,
employee or agent of Qother corporation, partnersfiip, joint venture, trust or other enterprise
which he served tl uest of the Association, against judgments, fines, amounts paid in
settlement and rea expenses, including attorneys' fees, actually and necessarily incurced
as a result of such ac n, 't or proceeding or any appeal therein, if such person acted in good
faith in the reasonable at such action was in the best interests of the Association, and in
criminal actions or pr ,without reasonable ground for belief that such action was
unlawful The termiaatio such action, suit or proceeding by judgment, order, settlement,
conviction or upon a plea contendere or its equivalent shall not in itself create a
presumption that any such D' o or officer did not act in good faith in the reasonable belief
that such action was in the bast tn~er~s(s of the Association or that he had reasonable gmunds for
belief that such action was unlaw tt1~
b. By or in the ri ~a Association to procure a judgment in its favor by
reason of his being or having been a~,~detor or officer of the Association, or by reawn of his
being or having been a Director, officer, yee or agent of any other corporation, partnership,
joint venture, trust or other enterprise w erved at the request of the Association, against
the reasonable expenses, including attom actually and necessarily incurred by him in
connection with the defense or settlement of hart, or in connection with an appeal therein,
if such person acted in good faith in the r a elief that such action was in the best
interests of the Association. Such person shat itled to indemnification in relation to
matters as to which such person has been to have been guilty of negligcmce or
misconduct in the performance of his duty to the ion unless and only to the extent that
the court, administrative agency, or investigative be ore which such action, suit or
proceeding is hold shall determine upon application th the adjudication of liability but
in view of all circumstances of the case, such pe is fairly and reasonably entitled to
indemnification for such expenses which such tribunal shall proper.
2. The Board of Directors shall determine whe ants for which a Director or
officer seeks indemnification were properly inctttred and wh h Director or officer acted
in good faith and in a manner he reasonably believed to he best interests of the
Association, and whether, with respect to any criminal a rocending, he had no
reasonable ground for belief that such action was unlawful. Such ere ,ion shall be made by
;TL074863;2j
Book61161Page1496 CFN#2006022465
the Board of Directors by a majority vote of a quorum coasisring of Directors who were not
parties to such action, suitor proceeding.
3. The foregoing rights of indemnification shall not be deemed to limit in any ~vay
the powers of the Association to indemnify under applicable law.
4, The Association shall obtain directors' end officers' Iiability insurance providing
such covera~as the Board of Directors of the Association may determine from time to time.
~1$TICLE XV.
Q
1. the exception of Directors and Officers appointed by the Class B. Members,
any financial lial interest of an Officer or Director in any contract or transaction between
the Association and ell) or more of its Directors or officers, or between the Association and
any other corpora ' ership, association or other organization in which one (1) or more of
its Directors or a e directors or officers, of have a financial interest, shall be disclosed,
and further shall be dable solely for this Wesson, or solely because the Director or officer is
present at or participat a meeting of the Board or committee thereof which authorized the
contract or transaction ly because his or their votes are counted for such purpose. No
Director or officer of the lion shall incur liability by reason of the fact that he is or may
be interested in any such c section.
2. Interested Dir rs maybe counted in determining the presence of a quorum at a
meeting of the Board of Director a committee which authorized the contract or transaction,
but must abstain from voting on t sue.
The Association maybe dissoly
than two-thirds (213) of each class of me s.
incident to a merger or coasolidation, the
appropriate public agency or master associ
which this Association was created, In the eve
assets shall be granted, conveyed and assigned
other organization to be devoted to such similar
assent given in writing and signed by not less
pen dissolution of the Association, other then
?o~the Association steal! be dedicated to an
used for purposes similar to those for
s~ dedication is refused acceptance, such
ut~t onprofit corporation, association, trust or
In the event of termination, dissolution or dation of the Association, the
responsibility for the operation and maintenance of the ce water or stormwater management
system must be transferred to and accepted by as~~tity that would comply wi[h
Rule 40(c)-42.027, Florida Administrative Code, and he a~rc~i ed by the District prior to such
termination, dissolution or liquidation. O
(t'1.~749E3;2 (
Book61161Page1497 CFN#2006022465
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of
the State of Florida, 1, the undersigned, constituting the incorporator of this Association, have
executed these Articles of incorporation this ~ day of [1r .r. ~w. , 2005.
~°
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~O~
bert Huteon, Incorporator
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Book6116lPage1498 CFN#2006022465
CERTIFICATE DESIGNATD\ G PLACE OF BUSINESS
FOR SERVICE OR PROCESS WITHIN
THIS STATE, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
Pursuant to Chapter 48.091, Florida Statutes, the following is submitted in compliance
with said S te:
P LANDING TOWNH014~S OWNERS' ASSOCIATION, INC., desiring to
organiz u e laws of the State of Florida, with its principal offices at 4037 Avalon Park
East Bou Or do, Florida 32828, has named Robert Hutson, whose office is located at
4037 Aval "East Boulevard, Orlando, Florida 32828 as its agent to accept service of
process with mate.
O
ROBERT HUTSON
• WL ANT
Baying been nom apt service of process for the above stated corporation, at the
place designated in this C I hereby accept to act in this capacity, and agree to comply
with the provisions of said A 've to ke i tee.
ROBERT HUTSON
S
d
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{n,o~ae6s;~f
Book6116/Page1499 CFN#2006022465