HomeMy WebLinkAbout2002 03 25 Consent N Amend Declaration of Covenant, Conditions and Restrictions
COMMISSION AGENDA
ITEM N
Consent X
Informational
Public ~earing
Regular
March 25.2002
Meeting
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Dept.
REQUEST:
The City Attorney is presenting a request by the Georgetowne Homeowners Association, Inc.,
seeking approval to amend its Declaration of Covenants, Conditions and Restrictions ("DCCR's")
for Georgetowne Unit II.
PURPOSE:
To approve an amendment to the DCCR's of Georgetown Unit II.
APPLICABLE LAW AND PUBLIC POLICY:
1. Chapter 720, Florida Statutes permits a Homeowners Association to amend its DCCR's.
2. Georgetowne Unit II DCCR's, Article III, Section 1, requires that the City approve
amendments to the Unit II DCCR's prior to recording with the Clerk of the Court.
CONSIDERA TIONS:
1. The Georgetowne Homeowners Association, Inc. consists of three separate units, each with
substantially similar DCCR's.
Page 1 of 2
2. Approval by two-thirds (2/3) of the members of the Association is required to amend the
DCCR's.
3. The DCCR's, however, are inconsistent with respect to the City's role in amending the
DCCR's after two-thirds (2/3) of the members approve the amendment. Unit III DCCR's can
be amended only by providing written notice to the City. Unit I DCCR's can be amended
without notice or approval by the City. Unit II DCCR's can only be amended with prior City
Approval.
4. According to Ms. Debby Weage, the required number of member signatures (2/3) have been
obtained to amend the DCCR's. As such, Units I and III have been amended and the
amendment of Unit II is pending, awaiting City approval.
5. Approval of the proposed DCCR amendment would make the DCCR's for Units I, II, and
III consistent by removing the City's role in future DCCR amendments and approving the
new vehicle and repair restrictions.
STAFF RECOMMENDATION:
City Staff recommends approval. Upon approval, the City Clerk shall send the Georgetowne
Homeowners Association a letter confirming approval.
ATTACHMENT:
1. January 11, 2002, letter from Debby Weage, Community Association Manager of
Georgetowne Homeowners Association, Inc.
2. Proposed Amendment to DCCR's.
COMMISSION ACTION:
Page 2 of 2
GEORGETOWNE HOMEOWNERS ASSOCIATION, INC.
c/o E PM Services
P.O. Box 915322, Longwood, FL 32791-5322
(407) 327-5824
January 11, 2002
Debbie Gillespie, Deputy City Clerk
City of Winter Springs
1126 E. SR 434
Winter Springs, FL 32708
Re: Georgetowne
Amendment to Declaration
Dear Debbie:
This will follow up on our telephone conversation of this afternoon. Georgetowne is a
community in Tuscawilla, and consists of three units established under three sets of
documents. As stated in our conversation, the deed restrictions for Georgetowne Unit II
require City approval of amendments to its Declaration of Covenants, Conditions and
Restrictions. That requirement is found in Article III of the Supplemental Declaration
for Unit II. Unit III is simply required to give the City notice of an amendment for it to
be effective. The documents of Unit I do not address the issue.
The Association is currently working on passage of an amendment that relates to parking. ) .,
It also removes the requirement of City approval of any amendment relating to Unit II,
to bring it in line with the provisions relating t~ Units I and III, which do not require City [
approval. _. .' 0. /
Attached please find:
· Proposed amendment.
· Copies of existing documents.
The Association has obtained the required member signatures on the pro prosed
amendment, and all that is needed for that amendment to become effective is:
1. Approval by the City of Winter Springs, Florida,
2. Recording the amendment in the Public Records, with the City's approval
attached.
Copies of the member signature sheets have not been enclosed, as there are almost 100
pages. If you need copies, please let me know and they will be provided.
Please present this proposed amendment to the City for its approval, and forward a
letter of confirmation of approval, or certified copy of minutes of the meeting wherein
approval was granted, so that it can be recorded with the Amendment document.
Thank you for your help.
If you require any additional information, or have any questions, please contact me at
(407) 327-5824.
Sincerely,
By:
ECTORS
E HOMEOWNERS ASSOCIATION, INC.
"VEHICLES AND REPAIR" AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR GEORGETOWNE, UNIT I; SUPPLEMENTAL
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
GEORGETOWNE, UNIT II; SUPPLEMENTAL DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FORGEORGETOWNE UNIT III
KNOW ALL MEN BY THESE PRESENTS, that this Amendment to Article XI, Section 8 of the
Declaration of Covenants, Conditions and Restrictions for Georgetowne, Unit J; Article 1,
Section 8 of the Supplemental Declaration of Covenants, Conditions and Restrictions for
Georgetowne, Unit II; and Article I, Section 8 of the Supplemental Declaration of Covenants,
Conditions and Restrictions For Georgetowne Unit III, made this day of
, 2002, by the members of GEORGETOWNE HOMEOWNERS
ASSOCIATION, INC., hereinafter referred to as Association,
WITNESSETH:
WHEREAS, the Association was incorporated within the State of Florida, by the filing of
Articles of Incorporation which were filed with the Secretary of State on April 16, 1987; and
WHEREAS, the Association was established to provide for maintenance, preservation and
architectural control of the residential lots and common area within the Georgetowne
community, and to promote the health,.safety and welfare of the members of the Association;
and
WHEREAS, the initial Declaration of Covenants, Conditions and Restrictions for
Georgetowne, Unit I was filed March 25, 1987, in Official Records Book 1830, pages 1485
through 1502 of the Public Records of Seminole County, Florida; and
Prepared by :
Anthony Gargamese, Esq., 705 Barrington Circle, Winter Springs, FL 32708
Return to:
Georgetowne Homeowners' Association, Inc., c/o EPM Services
P. O. Box 915322, Longwood, FL 32791-5322
WHEREAS, paragraph 4 of the First Amendment to Declaration of Covenants, Conditions
and Restrictions For Georgetowne, Unit 1, recorded September 29, 1987 in Official Record
Book 1891, pages 236-240 of the Public Records of Seminole County provides that the
Declaration may be amended within the first 20 years from the time the Declaration was filed,
by an instrument signed by not less that sixty-six and two-thirds percent (66-2/3%) of the
members of the Association; and
WHEREAS, a Second Amendment to Declaration of Covenants, Conditions and Restrictions
for Georgetowne, Unit I was recorded March 10, 1989 in Official Records Book 2049, pages
277 through 279 of the Public Records of Seminole County, Florida; and
WHEREAS, a Supplemental Declaration of Covenants, Conditions and Restrictions for
Georgetowne, Unit II was filed January 13, 1993 and recorded in Official Records Book 2532,
pages 1239-1244 of the Public Records of Seminole County, Florida; and
WHEREAS, said Supplemental Declaration of Covenants, Conditions and Restrictions for
Georgetowne, Unit II under Article III, Section 1, provides that the Supplemental Declaration
may be amended within the first 20 years from the time it was filed, by an instrument signed
by not less that sixty-six and two-thirds percent (66-2/3%) of the members of the Association;
and
WHEREAS, a Third Amendment to Declaration of Covenants, Conditions and Restrictions for
Georgetowne Unit I and First Amendment to Supplemental Declaration of Covenants,
Conditions and Restrictions for Georgetowne Unit II was recorded September 13, 1993 in
Official Records Book 2645, pages 553-555, Public Records of Seminole County, Florida;
and
WHEREAS, a Supplemental Declaration of Covenants, Conditions and Restrictions for
Georgetowne Unit III was filed October 29, 1993 in Official Records Book 2670, pages 203-
208 of the Public Records of Seminole County, Florida; and
WHEREAS, said Supplemental Declaration of Covenants, Conditions and Restrictions for
Georgetowne, Unit III under Article III, Section 1, provides that the Supplemental Declaration
may be amended within the first 20 years from the time it was filed, by an instrument signed
by not less that sixty-six and two-thirds percent (66-213%) of the members of the Association;
and
WHEREAS, a Fourth Amendment to Declaration of Covenants, Conditions and Restrictions
for Georgetowne Unit I and First Amendment to Supplemental Declaration of Covenants,
Conditions and Restrictions for Georgetowne Unit III was recorded February 2, 1994, in
Official Records Book 2722, pages 1580-1581, Public Records of Seminole County, Florida;
and
WHEREAS, Georgetowne Units I, II and III include a total of 229 lots; and
WHEREAS, two-thirds or 662/3% of 229 lots equals 153 lots; and
WHEREAS, the owners of record of at least 153 lots have consented in writing to this
Amendment, and their signatures are attached hereto and made a part hereof; and
WHEREAS, written notice of this Amendment has been sent to the City of Winter Springs,
Florida the day of ,2002, by way of sending a copy of this signed
document to City Hall, Winter Springs, Florida; and
NOW, THEREFORE, the Declaration, as previously amended, and Supplemental
Declarations, as previously amended, shall be and are hereby modified and amended as
follows:
ONE: The existing Article XI, Section 8 of the Declaration of Covenants, Conditions and
Restrictions for Georgetowne, Unit I; and Article I, Section 8 of the Supplemental Declaration
of Covenants, Conditions and Restrictions for Georgetowne, Unit II; and Article I, Section 8 of
the Supplemental Declaration of Covenants, Conditions and Restrictions for Georgetowne
Unit III; are hereby deleted.
TWO: The following covenant, condition and restriction is adopted in lieu of the deleted
covenant, condition, and restriction, and the following Section 8 shall apply to all Lots and
Improved Lots in Georgetowne Units I, II, and III:
Section 8. Vehicles and Repair. Detail Provision are hereinafter defined.
a. No truck, bus, trailer, or other "commercial vehicle" (as that term is hereafter
defined) and no mobile home, motor home, house trailer, camper, van, boat, boat
trailer, other type detached trailer, or other recreational vehicle or the like shall be
permitted to be parked or stored on or adjacent to any Improved Lot unless the
same shall be parked or stored entirely within and fully enclosed by a garage; nor
shall any such commercial or recreational vehicle or the like be permitted to be
parked or stored on any street in front of or adjacent to an Improved Lot or
common area. .Notwithstanding the foregoing, however, it is expressly provided
that recreational and commercial vehicles shall be permitted to park on, in front of,
or adjacent to Improved Lots on which bona fide ongoing construction activity is
taking place; nor shall the foregoing provisions of this subparagraph (a) apply to
parking on "a temporary or short-term basis" (as that term is hereinafter defined).
b. No passenger automobile, commercial, recreational or other motorized vehicle, or
the like, shall be dismantled, abandoned, serviced, rebuilt, repaired, and/or
repainted on an Improved Lot. No passenger automobile, commercial, recreational
or other motorized vehicle, or the like shall be parked or stored without a valid
license plate on any Improved Lot. No inoperative automobiles, trucks, trailers, or
other types of vehicles shall be allowed to remain either on or adjacent to any
Improved Lot or Common Area for a period in excess of forty-eight (48) hours.
Notwithstanding the foregoing provisions of this subparagraph (b), however, it is
expressly provided that the foregoing restriction shall not be deemed to prevent or
prohibit those activities normally associated with and incident to the day-to-day
maintenance, washing, waxing or polishing of such vehicles, and minor repairs
such as changing a vehicle's tire, air filter and similar type repairs. Oil changes are
permitted inside a garage.
c. No motorcycle, motor scooter, moped, A lV (all terrain vehicle) or other two-
wheeled, three-wheeled or four-wheeled motorized vehicle, or the like, shall be
permitted to be parked or stored on an Improved Lot unless the same shall be
parked or stored within and fully enclosed by a garage.
d. No passenger automobile, commercial, recreational or other motorized vehicle, or
the like shall be parked on any grass turfed area, nor be parked other than parallel
to the side edges of the driveway of an Improved Lot.
e. In the context of this section 8, parking on "a temporary or short-term basis" shall
mean and be defined as parking, on a non-recurring basis and for a single period
not exceeding twenty-four (24) hours in duration, or commercial or recreational
vehicles belonging to guests of Owners, commercial vehicles used in connection
with the furnishing of services and/or the routine pick-up and delivery respectively,
of materials from and to Improved Lots (including those commercial vehicles used
in connection with any bona fide current on-going construction of Improvements on
Improved Lots) and commercial or recreational vehicles belonging to or being used
by Owners for loading and unloading purposes only.
f. In the context of section 8, the term "commercial vehicle" shall mean and be
defined as a truck, motor home, bus or van of greater than three-quarter (3/4) ton
capacity and any vehicle, including passenger automobile, with a sign displayed on .
any part thereof advertising any kind of business or on or within which any
commercial materials and/or tools are visible.
g. The Association shall be entitled and is hereby empowered to remedy any violation
of these provisions, including removing the offending vehicle. Entrance on an
Improved Lot to remedy a provision shall not be considered trespassing. The
Association is also hereby empowered to seek any remedy pursuant to Florida Law
for each violation of these provisions. The Association is hereby granted a right-of-
entry onto any Improved Lot to remedy any violation of this section, after the
Owners or tenants of the Improved Lot have been provided notice of the violation
and given a reasonable opportunity to correct the violation.
THREE: The following portion of the covenant, condition, and restrictions of the Second
Amendment to Supplemental Declaration of Covenants, Conditions, and Restrictions for
Georgetowne Unit" as stated and stricken below is hereby deleted in its entirety.
ARTICLE III - GENERAL PROVISIONS
SECTION 1. Amendment. The Declarant reserves and shall have the sole
right (a) to amend this Supplemental Declaration with respect to Lots still owned by it
at the time of the amendment, but all such amendments shall conform to the general
purposes and standards of the covenants and restrictions herein contained; (b) to
further amend this Supplemental Declaration for the purpose of curing any ambiguity
in or any inconsistency between the provisions contained herein; (c) to include in any
contract or deed or other instrument hereafter made additional covenants and
restrictions applicable to any Lot which do not lower the standards of the covenants
and restrictions herein contained; and (d) to release any Lot from any part of the
covenants and restrictions which have been violated (including, without limiting the
foregoing, violations of building restriction lines and provisions hereof relating thereto)
if the Declarant or the Association in its judgment, determines such violation to be a
minor insubstantial violation. This Supplement Declaration may be amended during
the first twenty (20) year period by an instrument signed by not less than sixty-six and
two-thirds percent (66 2/3%) of both classes of members, and thereafter by an
instrument signed by not less than sixty percent (60%) of the members. Any
amendment must h:l':e prior approval of the City of '.f\Jinter Springs, Florida and must
be recorded in the Public Records of Seminole County, Florida.
The City of Winter Springs is a third party beneficiary with the right to legally
enforce these documents or any part or provisions thereof.
Nothing contained herein permits or authorizes any violations or deviations from
the City Code, City of Winter Springs, Florida.
FOUR: In all other respects the Declaration of Covenants, Conditions and Restrictions, as
amended from time to time, and the Supplemental Amendments to said Declaration, as
amended from time to time, shall remain in full force and effect.
IN WITNESS WHEREOF, the President and Secretary of the GEORGETOWNE
HOMEOWNERS ASSOCIATION, INC. have affixed their hands and seals, and have caused
these presents to be executed as required by law on this
200 .
day of
WITNESSES:
GEORGETOWNE HOMEOWNERS
ASSOCIATION, INC.
By:
Witness Signature
President
Printed Name
Printed Name
Address:
Winter Springs, Florida 32708
Witness Signature
Printed Name
Attest:
Secretary
Printed Name
Address:
Winter Springs, Florida 32708
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
I HEREBY certify that on this date before me personally appeared
, as President, and ~
as Secretary of GEORGETOWNE HOMEOWNERS ASSOCIATION, INC., a Florida
corporation, and who are personally known to me, and who executed the foregoing
Amendment for the purposes therein mentioned.
WITNESS my hand and seal in the County and State aforesaid this
day of ,200_.
Notary Public
State of Florida At Large
My Commission Expires:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
March 28,2002
Ms. Debby We age, LCAM
Georgetowne Homeowners Association, Inc.
c/o EPM Services
Post Office Box 915322
Longwood, Florida 32791-5322
Dear Ms. Weage,
This is to confirm that on Monday, March 25, 2002, the City Commission of the City of
Winter Springs approved the request from the Georgetowne Homeowners Association,
Inc. to amend its Declaration of Covenants, Conditions and Restrictions ("DCCR's") for
Georgetowne Unit II.
Please feel free to contact me at (407) 327-5955 should you have any questions or
concerns.
Sincerely,
~~1L=S
Andrea Lorenzo-Luaces, CMC
City Clerk
COPY: Mr. Ronald W. McLemore, City Manager
Mr. Anthony A. Garganese, City Attorney
DOCS/cilyclcrklcorrcspondence/2002/0331.doc