HomeMy WebLinkAboutBentley Green Declaration of Covenants Conditions and Restrictions
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BENTLEY GREEN
DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
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BENTLEY GREEN DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
TABLE OF CONTENTS
ARTICLE I DEFINITIONS......................................
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Section 1.................................. . . . . . . . . . . . . . . . . 2
ARTICLE II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
ARTICLE III
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
ARTICLE IV
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
ARTICLE V
PROPERTY SUBJECT TO THIS
DECLARATION AND ADDITIONAL PROPERTY... .. . . ..
----_._---~--_.. ----
Property Subject to Declaration. . . . . . . . . . . . .
Additional Property.........................
Method of Annexation. . . . . . . . . . . . . . . . . . . . . . . .
Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Merger or Consolidation.....................
Declarant Consent to Amendment
of Articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STRUCTURE, POWERS AND DUTIES OF,
AND MEMBERSHIP AND VOTING RIGHTS
IN, THE AS~OCIATIO_~________n______
.. .. .. .. .. .. .. .. .. .. .. ..
4
4
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4
5
5
6
6
Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
The Declarant Veto Power. . . . . . . . . . . . . . . . . . . . 7
Multiple Owners... . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Duties, Powers and Authority
of the Association. . . . . . . . . . . . . . . . . . . . . . . . . . 9
PROPERTY RIGHTS IN THE COMMON PROPERTIES. . . . 9
-------- .,--_. .---. --~---
Member's Easements of Enjoyment............. 9
Title to Common Properties. .... . . .. . .. ...... 10
Extent of Members' Easements................ 10
Phase of Development in Which
Common Property Located Not
Controlling As To Use....................... 11
Easement Reserved to the Declarant
Over Common Property. . . . . . . . . . . . . . . . . . . . . . .. 11
Beneficiaries of Easements, Rights
and Pri vi leges. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Easement for Encroachments. . . . . . . . .. . . .. . .,. 12
City of Winter Springs...................... 12
INSURANCE AND CASUALTY LOSSES. . . . . . . . . . . . . .. 12
---~----_._...,-------~ -_....---
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ARTICLE VI
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Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
ARTICLE VI I
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE VIII
Section 1
Section 2
Section 3
Section 4
ARTICLE IX
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
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COV]~JibNT__F()J3~__~AINr_E;HbNCE ASSE_?SMENTS. . . . . . . .
Creation of the Lien and Personal
Obligation of Assessments... . .. .. . ..........
Purpose of Assessments. . . ... . . . ............ .
Determination of Assessments... .......... . ..
Special Assessments.........................
Date of Commencement of Assessments;
Initial Annual Assessment; Due Dates........
Certificate of Payment......................
Effect of Non-payment of Assessment. . . . . . . . .
Subordination of the Lien to Certain
Mortgages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjustment or Abatement of Assessments
to Reflect Varying Levels of
Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Association Agreements for Use of
Common Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARCHITECTURAL CONTROL. . . . . . . . . . . . . . . . . . . . . . .
__________.. - _~____~_ ___.0'-__-
Architectural Control; ARB..................
Approval or Disapproval.... .................
Violations ; Waiver..........................
Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waiver of Liability.........................
Enforcement of Planned Criteria.............
Term of Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . .
EXTER I OR _~IUKt~t1l\NQE. . . . . . . . . . . . . . . . . . . . . . . .
Owner's Responsibility; Default.............
Assessment of Cost. . . . . . . . . . . . . . . . . . . . . . . . . .
Access at Reasonable Hours..................
Association Maintenance Responsibility......
RESTRICTIVE COVENANTS... . . . . . . . . . . . . . . . . . . . .
----_._--~~._.- -.--.....-
Water and Sewage Facilities.................
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obnoxious or Offensive Activity. . . . . . . . . . . . .
Rules and Regulations... . . . . ... . . ... .. . . . . . .
Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Garbage and Trash. . . . . . . . . . . . . . . . . . . . . . . . . . .
Storage Receptacles.........................
Vehicles and Repair.........................
Temporary structures........ . . . . . . . . . . . . . . . .
Sign s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air-Conditioning Equipment.......... ........
Drainage Structures.........................
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Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
ARTICLE X
Section 1
Section 2
Section 3
ARTICLE XI
ARTICLE XII
ARTICLE XIII
---------
ARTICLE XIV
ARTICLE XV
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE XVI
Section 1
Section 2
ARTICLE XVII
ARTICLE XVIII
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Section 1
Section 2
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Antennae. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Completion of Construction..................
Exc ava ti on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance of Protective Screening.........
Uti 1 i t Y Se rv ice. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mai Iboxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clotheslines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Play Structures and Yard Accessories. . . . . . . .
Trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Setbacks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MAINTENANCE OF UNIT LANDSCAPING.............
_.~- '--~~-"-------'-- ----- -.... - - '.'--
Common Maintenance Area.. . . . . . . . . . . . . . . . . . . .
Easement Over Common Maintenance Area. . . . . . .
Limi tations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECURITY STATION..... . . . . . . . . . . . . . . . . . . . . . . .
. - n___ __~__
AMENDMENT BY DECLARANT. . . . . . . . . . . . . . . . . . . . . .
----.---------.' -- --------,----..-.'.- .--
ADDITIONAL COVENANTS AND RESTRICTIONS. . . . . . .
------------... , ---,.-.----,--. - --
AMENDMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PARTY FENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Rules of Law to Apply.. . . . . . . . . . . . . .
Sharing of Repair and Maintenance. .. ... . . . ..
Destruction by Fire or Other
Casual ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Right to Contribution Runs with Land........
Arbi tration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~OVENANT~_GQ~~I~~~~. . . . . . . . . . . . . . . . . . . . . . . . .
Commi ttee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hearing Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . .
12!lJ~.l\'IIQn_AN[)_7'~J~.~IN&TION. . . . . . . . . . . . . . . . . . . .
~J~!FOR~);:f>'I_E;N'I'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Severabi Ii ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 3
Section 4
ARTICLE XIX
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Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Lessees to Comply with Declaration,
Articles and Bylaws -- Effect on
Non-Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
CITY OF WINTER SPRINGS. . . . . . . . . . . . . . . . . . . . .. 38
_._---_._~_.._._--_._._----~--_.._--- - - --
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THIS DECLARATION, made this 22nd day of May , 1989, .." 0> :;::
by A. WALTER TEMPLE, JR., Trustee, whose address is 990 Douglas r- CO f
Avenue, Altamonte Springs, Florida 32714, hereinafter referr~d to ~~
as "the Declarant",
BENTLEY GREEN DECLARATION OF
COVENANTS, CONDITIONS AND R~~TRICrIONS
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WIT N E SSE T H:
- - --
WHEREAS, the Declarant is the owner of the real property
si tuate, lying and being in Seminole County, Florida and de-
scribed on Exhibit "A" attached hereto and incorporated herein by
this reference ("the Phase One Property"); and
WHEREAS, it is contemplated that the Phase One Property and
Addi tional Properties, as hereinafter defined, may be developed
as a residential development wi th streets, street lights, open
spaces, green belts, recreational areas and faci Ii ties, storm-
water drainage and retention areas, and other common areas and
improvements for the benefit of the owners of lands from time to
time made subject to the terms of this Declaration; and
WHEREAS, the Declarant desires to provide for the preserva-
tion and enhancement of the property values and quality of life
in The Properties, the personal and general health, safety and
welfare of the owners of the affected lands, and for the mainte-
nance of streets, street lights, stormwater drainage and reten-
tion areas and improvements, open spaces, green belts, recrea-
tional areas and facilities and other common areas and improve-
ments located in The Properties, and, to this end, desires to
subject the Phase One Property and each Additional Property, when
and if annexed, to the covenants, conditions, restrictions,
easements, and liens hereinafter set forth, each of which shall
be binding upon and run with the title to The Properties; and
THIS INSTRUMENT PREPARED BY:
JEFFREY P. WIELAND, ESQUIRE
MAGUIRE, VOORHIS & WELLS, P.A.
Two South Orange Plaza
Post Office Box 633
Orlando, Florida 32802
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WHEREAS, to provide a means for meeting the purposes and
intents herein set forth, the Declarant deems it desirable to
create a non-profi t corporation to which may be conveyed ti tIe
and delegated and assigned the powers of maintaining and adminis-
tering the community properties and facilities, administering and
enforcing the covenants and restrictions, and collecting and
disbursing the assessments and charges hereinafter created.
NOW, THEREFORE, the Declarant, for himself and his succes-
sors and assigns, declares that the Phase One Property and, upon
annexation, each Additional Property are and shall be held,
transferred, sold, conveyed and occupied subj ect to the cove- (jl
nants, restrictions, easements, charges and liens hereinafter set~
forth. b
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ARTICLE I
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DEFINITIONS
Section 1. The following words when used in this Declara-
tion or any Supplemental Declaration (unless the context shall
prohibit) shall have the following meanings:
(a) "Additional Property" shall mean and refer to
those real properties, together wi th any improvements thereon,
other than the Phase One Property, which are made subject to this
Declaration under the provisions of Article II hereof.
(b) "Area of Common Responsibili ty" shall mean and
refer to any lands and improvements, other than Common Property
which are to be operated, maintained or improved by the Associa-
tion as the result of (i) specific designation of any lands or
improvements as an Area of Common Responsibility by this Declara-
tion or any Supplemental Declaration, (ii) a contract between the
Association, Owner or developer/builder with respect to any lands
and improvements lying in or near the Phase One Property or the
Additional Property, or (iii) a decision of the Board of Direc-
tors of the Association designating lands or improvements as an
Area of Common Responsibility. The Declarant hereby designates
the following as Areas of Common Respol1sibi Ii ty: (i) mainte-
nance, repair, replacement, lighting C'lnd irrigation of all main
entrance features, signs and landscaping located at the entrances
from Greenbriar Lane to each portion of The Properties not
located in the Common Property, (ii ) the maintenance. repair,
replacement, lighting and irrigation of all landscaping, entrance
road paving, signs, walls and other features located in the
otherwise unpaved right of way of Greenbriar Lane on its western
side adj acent to The Properties, (iii) maintenance of all street
lighting in The Properties, (i v) Chemical treatment and mainte-
nance of the existing golf course pond and pond area located west
of and adj acent to the Phase One Property for the control of
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aquatic weeds and other general maintenance, and (v) maintenance,
repair and replacement of landscaping and irrigation in the yards
of the Units, only as described in Article X hereof.
(c) "Association" shall mean and refer to BENTLEY
GREEN HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for
profit, or its successors and assigns.
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(d) "Common Expenses" shall mean and refer to the~
actual and estimated expenses of operating the Association and~
meeting the costs incurred or to be incurred relative to the 5
performance of the duties of the Association, including wi thout ~
limi tation, the costs incurred for operation, maintenance and g
improvement of any Common Property and any Area of Common Respon-~
sibility, and including any reserves established by the Associa-r
tion, all as may be found to be necessary and appropriate by the
Board of Directors of the Association pursuant to this Declara-
tion, the By-laws, and the Articles of Incorporation of the
Association.
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(e) "Common Property" shall mean and refer to all real
property and any improvements located thereon, and all personal
property, from time to time intended to be devoted to the use and
enjoyment of all Members of the Association and maintained by the
Association at Common Expense.
(f) "The Declarant" shall mean and refer to A. Walter
Temple, Jr., Trustee, and his successors and assigns. No succes-
sor or assignee of the Declarant shall have any rights or obliga-
tions of the Declarant hereunder unless such rights and obliga-
tions are specifically set forth in the instrument of succession
or assignment, or unless such rights pass by operation of law.
(g) "Member" shall mean and refer to each Owner who is
a Member of the Association as provided in Article III, Section 2
hereof.
(h) "Owner" shall mean and refer to the record holder,
whether one or more persons or entities, of fee simple title to
each Unit included in The Properties (other than the Associa-
tion); but, notwithstanding any applicable theory of the law of
mortgages, Owner shall not mean or refer to any mortgagee unless
and until such mortgagee has acquired title pursuant to foreclo-
sure proceeding or a conveyance in lieu of foreclosure. Every
Owner shall be treated for all purposes as a single Owner for
each Unit owned by it, irrespective of whether such ownership is
joint, in common or tenancy by the entirety. In the event any
life estate is created wi th respect to any Uni t in The Proper-
ties, the Owner of the life estate shall be deemed to be the
Owner for purposes of this definition for so long as the life
estate shall exist.
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(i) "Phase One Property" shall mean and refer to the
real property described on Exhibit "A" attached to this Declara-
tion.
(j) "The Properties" shall mean and refer to the Phase
One Property, together with such Additional Properties as may be
annexed thereto from time to time under the provisions of Article
II hereof, if and when annexed.
(k) "Unit" shall mean and refer to each separately
described residential lot in The Properties which is intended to
be occupied as a single family residence or household, includin~
without limitation each residential lot together with the resi-z
dence, if any, constructed thereon. "Unit" shall include in its~
meaning any interest in real property appurtenant to the owner-~
ship of the Unit. ~
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(1) "Supplemental Declaration" shall mean and refer to'
any declaration of covenants and restrictions executed by the
Declarant, and by the owner of the affected lands if same are not
owned by Declarant, which extends the provisions of this Declara-
tion to Additional Property.
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ARTICLE II
-_._---~--~---
PROPERTY SUBJECT TO THIS
DECLARATION AND ADDITIONAL PROPERTY
--_...._--_..~~_._---~.~- - _.....------,--....-
Section 1. Prop~rtY~~J:>..J~~_..t_:tQ_R~_~J~J'~~_tJO}l,. The Phase One
Property is and shall be held, transferred and occupied subject
to this Declaration.
Section 2. Addi tion~J ProQ~rj::y. The Declarant (joined by
the owner of the lands if other than the Declarant) shall have
the sole right but not the obligation to bring within the scheme
of this Declaration, as Addi tional Property, additional proper-
ties in the vicinity of the Phase One Property at any time within
twenty (20) years from the date this Declaration has been record-
ed, which annexation may be accomplished wi thout the consent of
the Association, its Members, the Owners or occupants of The
Properties, any mortgage or lien holder, or anyone else. Without
limitation, the Additional Property may include all. or any
portions of, the real property described on Exhibit "B", attached
hereto.
Section 3. Method of Annexation. The additions authorized
._- _.~-
under this Article shall be made by filing of record Supplemental
Declarations with respect to the Additional Property which shall
extend the scheme of the covenants, conditions and restrictions
of this Declaration to such Additional Property. Each Supplemen-
tal Declaration shall describe the real property to be annexed
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and shall state that it is being made pursuant to the terms of
this Declaration for the purpose of annexing property to the
scheme of this Declaration and extending the jurisdiction of the
Association to the Additional Property. The Supplemental Decla-
rations may contain such terms and provisions not inconsistent
with this Declaration as may be desirable to reflect the differ~n
ent character, if any, of the real property being annexed or th~
various housing or community style character! stics and develop-~
ment approaches being implemented, all of which may be signifi-~
cantly at variance with that of the Phase One Property. Notwith-g
standing, any Supplemental Declaration must be approved by the~
City of Winter Springs, Florida. ~
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Owners, upon recordation of any Supplemental Dec laration,
shall also have a right and non-exclusive easement of use and
enjoyment in and to the Common Property within the real property
so annexed and an obligation to contribute to the cost of im-
provement, operation and maintenance of such Common Property
within the annexed lands. Any Supplemental Declaration may
provide for an annexation to be conditioned upon the occurrence
of one or more conditions precedent to the effectiveness of the
annexation; provided, however, that such conditions must be such
as to be satisfied or fail within forty (40) years from the date
this Declaration has been recorded.
Any Supplemental Declaration recorded in accordance with the
terms hereof shall be conclusive in favor of all persons who rely
thereon in good faith. From and after recordation of any Supple-
mental Declaration, the Additional Property described therein
shall be subject to the provisions of this Declaration and to the
jurisdiction of the Association.
Section 4. Interpretation. Nothing contained in this
Declaration or any Supplemental Declaration shall be interpreted
to:
(i) Require the Declarant or any other person or
enti ty to annex any real property (other than the Phase One
Property) to the scheme of this Declaration; or
(ii) Prevent any property not theretofore annexed
from being subjected to another independent declaration or scheme
of development.
Section 5. Merge~__ or CQ..lll?oli.s:!.ation. Upon a merger or
consolidation of the Association wi th c:mother association, the
properties, rights and obligations of each may, by operation of
law, be transferred to the surviving or consolidated association
or, alternatively, the properties, rights and obligations of
another association may, by operation of law, be added to the
properties, rights and obligations of the Association as a
surviving corporation pursuant to a merger or consolidation. The
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surviving or consolidated association may administer the cove-
nants and restrictions establi shed by thi s Dec laration and any
Supplemental Declaration within The Properties, together with the
covenants, conditions and restrictions established upon any other
properties, as one scheme. No such merger or consolidation,
however, shall effect any revocation, change or addition to the
covenants established by this Declaration or any Supplemental
Declaration wi thin The Properties. A merger or consolidation
shall require the assent of a majority of the Members other tha~
Class B Members who are voting in person or by proxy at a meetin~
duly called for this purpose, and the assent of the Class 1%
Members, if any. ~
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Section 6. Declar.?!1J= Consent _J;.<:>__j\mendment of
This Article II may not be amended without the written
the Declarant.
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ARTICLE III
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STRUCTURE, POWERS AND DUTIES OF,
AND MEMBERSHIP AND VOTING RIGHTS
IN,__rH:]!:~S_S9c:: I.f\TI ON
Section 1. Association. The Association shall be a nonpro-
fi t corporation charged wi th the duties and vested wi th the
powers prescribed by law and set forth in the Articles of Incor-
poration, the Bylaws and this Declaration. Copies of the Associ-
ation Articles of Incorporation and Bylaws are attached hereto as
Exhibits "c" and "D", respectively. Neither the Articles of
Incorporation nor the Bylaws shall, for any reason, be amended or
otherwi se changed or interpreted so as to be inconsi stent wi th
this Declaration. In the event of any such inconsistency, the
provisions of this Declaration shall prevail. The officers and
directors of the Association shall be required to be ei ther (1)
Members of the Association, or (2) officers, directors, represen-
tatives, agents or employees of the Declarant. A Board of
Directors of the Association (the "Board of Directors"), and such
officers as the Board may elect or appoint, shall conduct the
affairs of the Association in accordance wi th this Declaration,
the Articles of Incorporation and the Bylaws.
Section 2. Membe~sJ1Jp. The Declarant and each Owner shall
be Members of the Association.
The Association membership of each Owner shall be appurte-
nant to the Unit giving rise to such membership, and shall not be
transferred except upon the transfer of ti tIe to said Unit and
then only to the transferee of ti tIe thereto. Any prohibi ted
separate transfer shall be void. Any transfer of title to a Unit
shall operate automatically to transfer the membership in the
Association appurtenant thereto to the new Owner thereof.
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Section 3. Voti~g__B~ghts. The Association shall have two
(2) classes of voting membership:
(a) Class "A". Class "A" Members shall be all Owners
of Units, with the exception of the Declarant. Class "A" Members
shall be entitled on all issues to one (1) vote for each Unit in
which they hold the interest required for membership. ~
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(b) Class "B". The Class "B" Members shall be the23
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Declarant and any successor of the Declarant who takes title tOm
more than one (1) Unit for the purpose of development and saleg
and to whom Declarant assigns in writing one or more of the Class~
"B" votes. Upon the execution of this Declaration, the Class "B":
Members shall have an aggregate of two hundred ten (210) Class
"B" votes. Thereafter, the number of Class "B" votes shall be
reduced by one (1) vote for each Class "A" vote from time to time
existing in the Association, which Class "A" votes shall arise
upon conveyance of title to a Unit by the Declarant to a
non-Class "B" Member. The Class "B" membership shall terminate
and become converted to Class "A" membership upon the happening
of the earlier of the following:
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(i) When the total number of outstanding Class
"A" votes in the Association equals at least sixty-nine (69); or
(ii) Twenty (20) years from the date of recording
this Declaration; or
(iii) When, in its discretion, the Declarant so
determines.
From and after the happening of anyone of these events, the
Declarant shall call a meeting as provided in the Bylaws for
special meetings to advise the Association membership of the
termination of Class "B" status. In such event the Class "B"
votes shall immediately come null and void and not convert to
Class "A" votes except to the extent a Class "B" Member owns
Units at such time.
The Class "B" Members shall cast on all issues their votes
as they among themselves determine. I t shall be permi tted for
the Declarant to retain and to cast all Class "B" votes, and
Declarant shall remain a Class "B" Member and shall be entitled
to cast all of the Class "B" votes he retains on any issue
regardless as to whether Declarant at such time owns a Unit.
Section 4.
The Dec 1~!"'...?11~ V~..tQ._R()wer.
From and after the termination of the Class "B" membership,
the Declarant shall have a veto power over all actions of the
Association and the Board of Directors of the Association. This
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power shall expire
by the Declarant,
membership vote of
ever occurs first.
when the Class "A" vote, other than that held
equals ninety percent (90%) of the total
the Association, or December 31, 2018, which-
The veto shall be exercised as follows:
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(i) The Declarant shall have been given written~
notice of each meeting of the Members and of the Board of Direc-~
tors by certified mail, return receipt requested or by personal~
delivery, at the address he has registered from time to time with.
the Secretary of the Association, which notice otherwise complies
wi th the terms of the Bylaws as to regular and special meetings
of the Members and Board of Directors, and which notice shall set
forth with reasonable particularity the agenda to be followed at
said meeting; and
No action authorized by the Association or the Board
Directors shall become effective, nor shall any action, policy
program be implemented, until and unless:
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(ii) The Declarant shall have been given the
opportuni ty at each such meeting, if Declarant so desires, to
join in, or to have its representatives or agents join in,
discussion of any prospective action, policy. or program to be
implemented by the Board or the Association. The Declarant and
his representatives or agents may make his concerns and sugges-
tions known to the Members of the Association or of the Board.
At such meeting the Declarant shall have, and is hereby granted.
a veto power over any such action, policy or program authorized
by the Board of Directors, the Association officers. or Associa-
tion membership, and to be taken by said Board, the officers or
agents of the Association, or any individual Member of the
Association (if Association or Board approval is necessary for
said Member's action). Except as set forth in subsection (iii)
below, the Declarant veto must be exercised by the Declarant, his
representatives, or agents at or before the meeting to consider
proposed action. The veto power shall not include the authority
to require any affirmative action on behalf of the Board or the
Association; and
(iii) If any action. policy or program is to be
implemented by prior consent without the formality of a meeting.
then the Declarant shall be provided a wri tten notice and de-
scription of the proposed action. policy or program at least ten
(10) days in advance of such implementation, and the Declarant
shall have ten (10) days after receipt of such notice to exercise
his veto.
Section 5. Mul ti..12.l~~ne~s. Each vote in the Association
must be cast as a single vote, and fractional votes shall not be
allowed. In the event that j oint or mul tiple Owners are unable
to agree among themselves as to how their vote or votes shall be
cast, they shall lose their right: to vote on the matter in
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question. If any Owner or Owners cast a vote on behalf of a l'-)
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particular Unit, it shall thereafter be conclusively presumed for ~ CJ g
all purposes that he was or they were acting with the authori ty ~ ~ ='"
and consent of all other Owners thereof. In the event more than ~
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none of said votes shall be counted and said votes shall be n
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Section 6. Duties, Powers and Au~~~ri~~t the Association.
The Association shall have all the powers of a non-profit corpo-
ration organized under the laws of the State of Florida, subject
only to such limitations upon the exercise of such powers as are
expressly set forth in the Articles of Incorporation, the Bylaws,
or this Declaration. The Association shall have the power to do
any and all lawful things which may be authorized, assigned,
required or permitted to be done by this Declaration, any Supple-
mental Declaration, the Articles of Incorporation and the Bylaws,
and to do and perform any and all acts which may be necessary or
proper for, or incidental to, the exercise of any of the duties
or powers of the Association for the benefit of the Owners and
for the maintenance, administration and improvement of The
Properties and Areas of Common Responsibility.
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ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
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Section 1. Member's Easements qJ~nj.oymeDt. Subject to the
provisions of this Declaration, the Association, the Declarant
and every Member of the Association shall have a non-exclusive
right, license, privilege and easement of use and enjoyment in
and to the Common Properties and such rights shall be appurtenant
to and shall pass with the title to every Unit in The Properties.
Said rights shall include, but not be limited to, the following:
(a) Right-of-way for ingress and egress by vehicles or
on foot, in, through, over, under and across the streets, roads
and walks in the Common Properties for all lawful purposes, which
easement shall also benefit the guests and invitees of the
Owners, and representatives of any grantee of any utility ease-
ment over any portion of The Properties, and public law enforce-
ment and fire protection personnel; and
(b) Rights and easements of drainage across stormwater
drainage and retention structures and areas, and to connect with,
maintain and make use of utility lines, wires, pipes, conduits
and cable television lines which may from time to time be in or
along the streets and roads or other areas of the Common Proper-
ties; and
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(c) Rights to use and enjoy the Common Properties for
any purpose not inconsistent with this Declaration, any applica-
ble Supplemental Declaration, the Bylaws and rules and regula-
tions of the Association, or governmental regulations.
Section 2. Title to Common ProJ2~};_t.i~_e.. The Declarant may
retain the legal title to all or any portion or portions of the
Common Properties unti I such time as he has completed improve-
ments thereon and unti I such time as, in the opinion of the
Declarant, the Association is able to maintain the same. The
Declarant may conveyor turn over certain i terns of the Common
Properties and retain others. The conveyance of the Common
Properties to the Association shall be deemed to contain the
following covenant which shall run with the land, whether or not
specifically set forth in such conveyance, and shall be binding
upon the Association, its successors and assigns, for so long as
such property shall remain subject to this Declaration: ~
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In order to preserve and enhance the
property values and amenities of The Proper-
ties, the Common Properties and all landscap-
ing and drainage and other improvements now
or hereafter built or installed thereon shall
at all times be maintained in good repair and
condition and shall be operated in accordance
with high standards.
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Section 3. Extent of Members' Easement~. The rights and
non-exclusive easements of use and enjoyment created hereby shall
be subject to the following:
(a) The Association, subject to the rights of the
Declarant and the Owners set forth in this Declaration, shall be
responsible for the exclusive management and control of the
Common Property and all improvements thereon.
(b) The right of the Declarant without Owner or
Association approval prior to conveyance of title to the Associa-
tion, and the right of the Association thereafter, to grant or
dedicate to any Owner, to any governmental agencies and/or to any
utili ty companies, and to reserve, easements and rights-of-way,
in, through, under, over and across the Common Properties for the
installation, maintenance and inspection of lines and appurte-
nances for public or private water, sewer, drainage, cable
television, telephone, electricity, and other utilities, and for
the completion of the development. No improvement or material
may be placed upon any such an easement as may damage or inter-
fere with the installation and maintenance of utilities or that
may change the direction, or affect the flow, of drainage.
(c) The easements and rights of the Declarant reserved
by this Declaration.
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Section 4. Phase of: Deve~QI;>men~ in Which Common Property
Located Not Controlling As To Use. Designation by the Declarant
of property as Common Property shall result in general Associa-
tion membership use and enjoyment entitlement regardless of the~
tract or phase in which the Common Property is located. ~
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Section 5. Easement Reserved to the Declarant Over Commo~~
Property. The Declarant hereby reserves to himself and hi s n
successors and assigns. and all mortgagees on any Units owned by?
Declarant who succeed to a fee simple ownership of such Uni t, ~
such licenses. rights. pri vi leges and easements in. through..
over. upon and under all Common Property. including. but not
limited to. (1) the right to use the said properties for
rights-of-way and easements to erect, install, maintain, inspect
and use electric and telephone poles. wires. cables. conduits.
sewers, water mains. pipes. telephone and electrical equipment,
gas. cable television. drainage facilities, ditches or lines. or
other utilities or services and for any other materials or
services necessary or convenient for the completion, marketing.
and use and enjoyment of The Properties. (2) the right to cut any
trees. bushes or shrubbery, make any gradings of the soi 1. or
take any other similar action reasonably necessary to provide
economical and safe utility installation and to maintain reason-
able standards of health. convenience, safety and appearance. (3)
the right to locate thereon wells. pumping stations and irriga-
tion systems and lines. (4) the right and easement of ingress and
egress for purposes of development, construction and marketing,
and (5) such other rights as may be reasonably necessary to
complete in an orderly and economic manner the development of all
present and future phases of Bentley Green; provided, however,
that said reservation and right shall not be considered an
obligation of the Declarant to provide or maintain any such
uti Ii ty. development. or service. The Declarant al so reserves
the right to connect wi th and make use of the uti li ty lines,
wires. pipes. conduits. cable television. sewers and drainage and
other utility lines which may from time to time be in or along
the streets and roads. or wi thin the Common Properties. ease-
ments, or green belts. Finally. the Declarant reserves the right
to use the Common Properties in his efforts to market The Proper-
ties. The easements and rights-of-way herein reserved shall
continue in existence in favor of the Declarant after conveyance
of Common Properties to the Association unti 1 such time as the
Declarant has sold or committed to separate scheme of development
all Units in The Properties and all of the real property de-
scribed on Exhibit "B" attached hereto. This Section may not be
amended without the written consent of the Declarant.
Section 6. Benefi~J~ri~oJ"___~E__~E!rn~r1t_~,- Jli~h:t~<3.!1(L Pri vi_~
leges. The easements, licenses, rights and pri vi leges estab-
lished, created and granted by this Declaration shall be for the
benefit of the Association. the Declarant, and the Owners, all as
more specifically set forth elsewhere in this DeclarFltioll; and
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any Owner or the Declarant may also grant the benefi t of such
easement, license, right or privilege to tenants and guests for
the duration of their tenancies or visits, but the same are not
intended nor shall they be construed as creating any rights in o~
for the benefit of the general public. ~
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Section 7. Easement for Encroachments. In the event that~
any portion of any roadway, walkway, parking area, driveway, g
water lines, sewer lines, utility lines, sprinkler system,~,
building or any other structure or improvement as originally:-
constructed encroaches on any Unit or Common Property, it shall
be deemed that the Owner of such Uni t or the Association has
granted a perpetual easement to the Owner of the adjoining Unit
or the Association, for the continuing maintenance and use of
such encroaching improvement or structure. The foregoing shall
also apply to any replacements of any such improvements or
structures if same are constructed in substantial conformity with
the original structure or improvement.
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Section 8.
this Article IV
violations of or
Springs, Florida.
City 9% Winter ~~iD9? Nothing contained in
shall be construed to permi t or authorize any
deviations from the City Code, City of Winter
ARTICLE V
INSURA~J:---.bND CASU~1T",{~_QSSE~
The Association's Board of Directors shall have the author-
ity to obtain insurance for insurable improvements on the Common
Property owned by it, and on any Area of Common Responsibility,
against loss or damage by fire or other hazards, including
extended coverage, vandalism, and malicious mischief, and to
obtain public liability policies covering the Association and its
Members for damage or injury caused by the negligence of the
Association or any of its Members or agents, and, if obtainable,
directors' and officers' liability insurance, and to obtain any
and all other types of insurance coverages with respect to such
risks or persons as shall be deemed necessary or appropriate by
the Board of Directors. Any insurance obtained shall include
such coverages, contain such deductibles provi sions and be in
such limits as shall be determined by the Board of Directors.
The Association shall also have the discretion to self-insure
against any risk. Premiums for insurance shall be a Common
Expense if for the benefi t of the Association, its officers or
directors, the entire membership as a group, or relate to the
Common Property or the Areas of Common Responsibility.
All such insurance coverage obtained by the Board of Direc-
tors shall be written in the name of the Association, as Trustee,
for the respective benefi tted parties. Exclusive authori ty to
adjust losses under policies in force on the Common Properties
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and obtained by the Association shall be vested in the Associa-
tion's Board of Directors; provided, however, that no mortgagee
having an interest in such losses may be prohibited from partici-
pating in the settlement negotiations, if any, related thereto.
ARTICLE VI
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COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1.
Assessments.
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(a) Each Owner by acceptance of a deed to any Unit;::!
included in The Properties, whether or not it shall be so ex-
pressed in any such deed or other conveyance, shall be deemed to
and hereby does covenant and agree to pay to the Association:
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(1) annual assessments or charges, (2) special assessments, and
(3 ) individual assessments. Said assessments shall be fixed,
established and assessed to the Owners as hereinafter provided.
The assessments together with interest thereon, late charges and
costs of collection thereof, including court costs and reasonable
attorneys' fees (including, wi thout limi tation, fees and costs
upon appeal), shall be a charge and a continuing lien upon the
Unit against which each such assessment is made from the date on
which each such assessment is due. Each such assessment, togeth-
er with interest, late charges, costs and attorneys' fees, as
herein provided, shall also be the personal obligation of the
person who was the Owner of such Uni t at the time when the
assessment fell due.
(b) Exempt PrQ.2.erty. The following property now or
hereafter subject to this Declaration shall be exempt from the
assessments, charges and liens created herein:
1. All Common Property; and
2. Lands owned by the Declarant which are not de-
scribed on Exhibit "A" attached hereto and which have not been
annexed by Supplemental Declaration.
Except as set forth in this subsection, no land or improve-
ments in The Properties shall be exempt from assessments, charges
or liens. No Owner may avoid the obligation for the payment of
assessments by virtue of non-use or abandonment of the Common
Properties.
Section 2. Purpose of Assessments. The assessments levied
by the Association may be used for the purpose of promoting the
recreation, health, safety, and welfare of the lands and Owners
in The Properties, for the performance by the Association of its
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duties and the exercise of the powers conferred upon it, for the
improvement and maintenance of properties, services and facili-
ties which have been or will be constructed, installed or fur-
nished upon, and which are devoted to the purpose and related to
the use and enj oyment of, the Common Properties, the Areas of
Common Responsibility, and for such other purpose as may be
deemed desirable or appropriate from time to time by the Board of ~
Directors, including but not limited to: ~
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(a) Payment of operating expenses of the Association; ~
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and
(b) Lighting, improvement and beautification of access
ways and easement areas, and the acquisition, maintenance, repair
and replacement of project identification signs, directional
markers and traffic control devices, and the costs of controlling
and regulating traffic on the access ways; and
(c) To pay all real and personal property taxes and
assessments (if any) separately levied upon or assessed against
the Association or the Common Properties. Such taxes and assess-
ments may be contested or compromised by the Association. It is
the intent of this Declaration that, inasmuch as the interest of
each Owner to use and enjoy the Common Property constitutes an
interest in real property on a proportionate basis appurtenant to
each benefitted Unit, the value of the interest of each Owner in
such property shall be included in the assessed value of each
Unit and any taxes levied directly against such community proper-
ty should be of a nominal nature; and
(d) Management, maintenance, improvement and beautifi-
cation of landscaping and stormwater drainage and retention
features on Common Property and the Areas of Common Responsibil-
ity; and
(e) Repayment of deficits previously incurred by the
Association, if any, in making capital improvements to or upon
the Common Property or the Areas of Common Responsibility, and in
furnishing services to or for the Members of the Association; and
(f) Repair and maintenance of all streets and roadways
situated upon the Common Property or the Areas of Common Respon-
sibility which have not been dedicated to any governmental unit;
and
(g) Funding of appropriate reserves for future repair
and replacement; and
(h) Doing any other thing necessary or desirable in
the judgment of said Association to keep The Properties, the
Common Property and the Areas of Common Responsibility neat and
attracti ve or to preserve or enhance the value thereof, or to
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eliminate fire, health or safety hazards, or which, in the
judgment of the said Association, may be of benefit to the Owners
or occupants of the Units.
Section 3. Determination of Assessments.
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(a) Operating Budget. It shall be the duty of the~
Board, by majority vote, at least forty-five (45) days prior to~
the end of the Association's fiscal year, to prepare and approve5
a budget covering the estimated costs of operating the Associa-~
tion during the coming year, including but not limited to opera-g
tional items such as overhead and indi rect costs, insurance,:",
utilities, taxes, repairs, reserves, maintenance and other:
operating expenses, as well as charges to cover any deficits from
prior years, and such capital improvement budget items as ap-
proved by the Board pursuant to Subsection (b) below.
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(b) Capital Budget. The Board of Directors shall
annually prepare a capital budget which shall take into account
the number and nature of replaceable assets, the expected life of
each asset, and the expected repair or replacement cost. The
Board shall set the required annual capital contribution, if any,
in an amount sufficient to permit meeting the projected capital
needs of the Association, as shown on the capital budget, with
respect to both amount and timing. The annual capital contribu-
tion required shall be fixed by the Board and included within the
annual operating budget and assessments. A copy of the capital
budget shall be distributed to each Member as an Appendix to the
operating budget.
(c) Adoption of Budget. The Board shall cause a copy
of the budget and the projected assessments to be levied for the
following year to be delivered to each Member at least twenty-one
(21) days prior to the end of the Association's fiscal year. The
budget and the assessments shall become effective unless and
until disapproved at a special meeting of the Members held on or
before sixty (60) days after the proposed budget and assessments
are mailed to the Members, by a vote of two-thirds (2/3) of the
votes of the Association. In the event that the membership so
di sapproves the proposed budget for the succeeding year, or in
the event the Board shall fail to propose n budget, then and
until such time as a new, acceptable budget shall have been
determined, the budget in effect for the preceding year shall
continue for the succeeding year.
(d) Allocation__--9~As?l_~_~~I11~l}t?l_~m_o~9___l!!!i ts. The
Operating Budget of the Association shall be assessed against all
Owners and Units in The Properties in equal proportions per Unit
owned.
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Section 4.
Special Assessments.
(a) Special Assessments. In addition to the annual
assessments established pursuant to Section 3 hereof, the Board
of Directors of the Association may levy at any time a special"
assessment for the purpose of defraying, in whole or in part, th~
cost of any construction or reconstruction, unexpected repair o~
replacement of a capital improvement upon the Common Property o~
any Area of Common Responsibility, including the necessarYc3
fixtures and personal property related thereto, for the purpos~~
of covering any insufficiency of assessments to fund the actualr
monetary needs of the Association over and above the budgeted
annual assessments, or for any other use or purpose deemed
desirable or appropriate by the Board of Directors; provided,
however, that any such special assessment shall have the approval
of a maj ori ty of the votes of the Members (without regard to
class) who are in attendance and voting in person or by proxy at
a meeting duly called for said purpose.
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(b) Individual Assessment. The Association may levy
an individual assessment upon any Owner to cover the costs
incurred by the Association due to that Owner's failure to
maintain its Unit pursuant to the standards set forth in thi s
Declaration, or to reimburse the Association for any damage to
any Common Property or any Area of Common Responsibility caused
by any Owner or its lessee or invitee, or for any other purpose
permitted by this Declaration or any Supplemental Declaration.
(c) Special Reserve Assessment. A one-time special
assessment in the amount of Two Hundred Dollars ($200.00) per
Unit for the purpose of establishing a reserve for the replace-
ment and repair of the Common Properties shall be due from each
Owner other than Declarant upon the closing of the transfer of
title to the Unit from Declarant to that Owner. In the event of
a transfer of title to a Uni t from Dec larant to a person or
enti ty for the purpose of resale of the Uni t to a third party
prior to occupation of the Unit, at the sole discretion of the
Declarant the special assessment described herein may be deferred
until the closing of the transfer of the Uni t to said third
party.
Section 5. D~?z__Comm~_ncemE:!_l}._t__gJ ___Aseessm~nts_;__lni ti al
Ap.nual Assessmell:t; Due D_ates. The annual assessments provided
for herein as to the Phase One Property shall commence on the
first day of the first full calendar month following the recorda-
tion of this Declaration. The annual assessment for each Addi-
tional Property shall commence upon the first day of the first
full calendar month after the recordation of the applicable
Supplemental Declaration.
The
calendar
annual assessment for the Phase
year in which this Declaration
One Property for the
is recorded shall be
-16-
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Seven Hundred Ninety Two Dollars ($792.00) per Unit. As to each
Additional Property, the initial annual assessment for each Unit
in the Additional Property shall be as set forth in the pertinent
Supplemental Declaration.
Annual assessments shall be due, in advance, on or beforgl
In
the commencement of the calendar year for which imposed; pro~
vided, however, the Board of Directors shall have the discretio~
to collect assessments in installments over the year for whic];;
imposed at such payment intervals as it shall determine. In th~
event of such deferred payments, the Board shall also be permit~
ted to charge a uniform rate of interest upon the amounts from
time to time remaining unpaid at any rate deemed appropriate by
the Board; provided, however, such rate shall not exceed the
statutory usury limit then existing. The Board may accelerate
the unpaid balance of any assessment upon default in the payment
of any installment thereon.
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The amount of the annual assessment to be levied for the
balance remaining in the first year of assessment shall be an
amount which bears the same relationship to the annual assessment
provided for in Section 3 hereof as the remaining number of days
in that calendar year bears to three hundred sixty-five (365).
The same reduction in the amount of the assessment shall apply to
the first assessment levied against any Additional Property
annexed at a time other than at the beginning of an assessment
period.
As to any Units owned by Declarant, Declarant shall have the
option to either pay the annual assessment or, in lieu thereof,
to pay such sums to the Association as are necessary to cover any
funding requirements of the Association which are not met by the
payment of assessments by the remaining Members. Declarant
shall elect such option at the time of any required assessment
payment, as to the period until the next such payment is due.
Section 6. Certificate of P~ym~~t. Upon request, the
Association shall furnish to any Owner liable for assessment a
certificate in writing signed by an officer of the Association
setting forth whether said assessment has been paid. Such
certificate shall be conclusive evidence in favor of third
parties of payment of any assessment therein stated to have been
paid.
Section 7. Effect _~on-paym~_!~,j:~_<2-f_~~sess~enj:::. I f any
assessment is not paid on the date when due, then such assessment
shall become delinquent and the delinquent assessment, together
with interest thereon and/or late charges as shall be imposed by
the Board at its discretion, and the cost of collection thereof,
as herein provided, shall be secured by a continuing lien on the
lands and improvements located thereon with respect to the
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ownership of which the assessment accrued which shall bind such
lands and improvements in the hands of the then Owner, its heirs,
successors, personal representatives and assigns. Such lien
shall be prior to all other liens hereinafter created except
taxes or assessments levied by governmental authority, and except
as to the lien of any institutional first mortgage, as hereinaf-m
tel' provided. The personal obligation of the then Owner to pay~
such assessment, however, shall remain his personal obligationE
and shall not pass to hi s successors in title unless expressly\;
assumed by them, but no such assumption shall relieve any Ownerg
personally obligated hereby for delinquent assessments from such~
Owner's personal liability therefor. :
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If the assessment or installment thereon is not paid within
thirty (30) days after the due date, same shall bear interest
from the date due at the highest rate allowed by Florida law or
at such lesser rate as may be determined by the Board and uni-
formly applied, and the Association may bring an action at law
for collection against the Owner personally obligated to pay the
same and/or to foreclose the lien against the lands and improve-
ments, and there shall be added to the amount of such assessment
the aforesaid interest, late charges, if any, costs of collection
and court costs, and reasonable attorneys' fees, including court
costs and attorney's fees upon appeal, and the said costs of
collection shall be recoverable whether or not suit be brought.
If it becomes necessary for the Association to file a claim
of lien against any Uni t, a lien fee in an amount set by the
Board of Directors may be charged by the Association. Such lien
fee shall be added to the unpaid assessment and same shall be
secured by the lien hereby created.
S ec ti on 8. St!1:>o !'iUJ!:~J i on ..s:>L_:t}:l~nLi~ n_to C_ex:tatl!_lYIQrJ~g~g~~.
The lien of the assessments provided for by this Declaration
shall be subordinate to the lien of any mortgage or mortgages now
or hereafter placed upon any Unit in The Properties and held by a
commercial or savings bank, savings and loan association, trust
company, credit union, industrial loan association, insurance
company, pension fund, or business trust, including but not
limi ted to a real estate investment trust, any other lender
regularly engaged in financing the purchase, construction, or
improvement of real estate, or any assignee of loans made by such
lender, or any private or governmental institution or agency
which has insured the loan of any such lender, or any combination
of any of the foregoing entities; provided, however, that a sale
or transfer of any Unit pursuant to a decree of foreclosure, or
pursuant to any proceeding in lieu of foreclosure, shall not
relieve such Unit from liability for any assessments which
thereafter become due, nor from the lien of any subsequent
assessment. Said assessment liens, however, shall be subordinate
to the lien of any such mortgage or mortgages hereafter placed
upon the properties subject to assessment.
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Section 9. Adiustment or Abatement of Assessments to
Reflect Varying Levels of Services. The Board of Directors is
authorized to enter into agreements with or to grant concessions
to any Owner or group of Owners whereby said second party may
perform as to the affected lands or any right-of-way or Area of
Common Responsibility in or adjacent thereto, anyone or more of
the functions, duties or prerogatives of the Association and t~
recei ve in exchange therefor a reduction or moratorium on an~
assessments or any other obligations to the Association whic:ij2
otherwise would be payable by said second party and same shallm
not be considered as discrimination among the Owners. Further~
more, in determining assessments payable by the Owners, the Boar~
of Directors may in its discretion allocate among the Owners
affected or benefitted the varying cost components of the budget
to reflect varying levels of services to different Owners.
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Section 10. Association Agreements for Use of Common
Property. The Board of Directors shall have the authority to
grant to the owners and occupants of lands and improvements not
subject to the scheme of this Declaration non-exclusive rights of
use and enjoyment in and to the Common Properties and improve-
ments thereon in consideration of services, payments, or both, or
any other consideration passing to or for the benefi t of the
Association in such amounts and upon such terms as shall be
acceptable to the Board in its discretion. The services therein
referred to may include but are not limited to the performance of
one or more duties, functions or prerogatives of the Association
such as but not limited to maintenance or improvement of any Area
of Common Responsibility.
ARTICLE VII
ARCHITECTURAL CONTROL
---------. ...--------.--...
Section 1. Architectural Control; ARB. All lands and
improvements in The Properties are subject to architectural and
environmental review. Thi s review shall be in accordance wi th
this Article and the Bentley Green Planning, Construction and
Development Criteria described below. No sitework, landscaping,
utilities extensions, drainage improvements, paving, parking
areas, building, fence, wall or any other physical or structural
improvement, or change or alteration to the exterior of any
existing structures or improvements, or to any existing landscap-
ing, shall be commenced, erected or maintained until the plans
and specifications showing the nature, size, workmanship, design,
signs, shape, finished grade elevation, height, materials and
color of the same, together with a detailed landscape plan and a
plot plan showing the location relative to boundaries and adja-
cent improvements of such proposed improvements or changes, shall
have been submitted to and approved in writing by the Architec-
tural Review Board (the "ARB") as to consistency with the Bentley
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Green Planning, Construction and Development Criteria ("the
Planning Criteria"), harmony of exterior design and materials,
location in relation to surrounding structures, and drainage
features and topography.
The ARB shall promulgate and revise from time to time the
Planning Criteria for The Properties. The Planning Criteria
shall be set forth in writing and made available to all builders~
doing business in The Properties, and to all Members and prospec-~
tive Members of the Association. The Planning Criteria may~
include any and all matters considered appropriate by the ARB notm
inconsistent with the provisions of this Declaration, including~
without limitation minimum square footage requirements for Units.~
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So long as the Declarant owns any lands subject to this
Declaration or any Supplemental Declaration or included in the
real property described in Exhibit "B", the Declarant shall be
enti tIed to appoint all members of the ARB. Thereafter, the
membership of the ARB shall be determined by the Board of Direc-
tors of the Association, and the Board may, in its discretion,
act as the ARB. The ARB shall consist of no less than three (3)
members, none of whom shall be required to be owners or occupants
of The Properties. The Declarant may at any time assign in
wri ting its powers of removal or appointment to any entity or
person, subject to such terms and conditions as the Declarant may
choose to impose. Nothing herein contained shall be deemed to
limit the right of an Owner to finish or alter the interior of
that Owner's improvements as that Owner deems appropriate or
desirable. The concurrence of a majority of the members of the
ARB shall be required for any decision of the ARB.
The conclusion and opinion of the ARB shall be binding. If
in its opinion, for any reason, including purely aesthetic
reasons, the ARB should determine that any proposed improvement.
alteration, etc. is not consistent with the Planning Criteria,
such alteration or improvement shall not be made.
Section 2. Approval or Disap~~~a~. Unless waived by the
ARB, all plans and specifications shall be prepared by an archi-
tect or engineer, said person to be employed by and at the
expense of the Owner making the application. Approval of the
plans and specifications may be withheld not only because of non-
compliance with any of the specific conditions, covenants and
restrictions contained in this Declaration, but also by virtue of
the reasonable dissatisfaction of the ARB wi th the location of
the structure on the lot, the elevation, the color scheme, the
finish, design, proportions, architecture, drainage plan, shape,
height, style and appropriateness of the proposed structures or
al tered structures, the materials used therein, the planting,
landscaping, size, height or location of vegetation on the
property, or because of its reasonable dissatisfaction with any
or all other matters or things which, in the reasonable judgment
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of the ARB, will render the proposed item of improvement inharmo-
nious or out of keeping with the Planning Criteria. Two (2) sets
of plans, specifications and plot plans shall be submitted to the
ARB by the Owner prior to applying for a building permit. The
Owner shall obtain a written receipt for the plans and specifica~
tions from an authorized agent of the ARB. Plans and re~
submittals thereof shall be approved or disapproved within thirtj2
(30) days after receipt by the ARB. Fai lure of the ARB t<f'1
respond in writing to a submittal or re-submittal of plans withi~
such period shall be deemed to be an approval of the plans a~
submi tted or resubmitted. The ARB approval or di sapproval, a5
required by this Declaration, shall be in wri ting and shall
accompany one (1) copy of the plans, etc., to be returned to the
Owner. Whenever the ARB disapproves plans and specifications, the
disapproval shall be accompanied by a wri tten outline of the
reason or reasons for such disapproval. The remaining copy shall
become the property of the ARB.
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Section 3. Violations;~iver. The work approved must be
performed strictly in accordance wi th the plans, speci fications
and plot plans, as submitted and approved. If after such plans
and specifications have been approved, the improvements are
altered, erected, or maintained upon the property otherwise than
as approved by the ARB, such alteration, erection and maintenance
shall be deemed to have been undertaken without the approval of
the ARB having been obtained as required by this Declaration.
After the expiration of one (1) year from the date of completion
of any improvement, addition or alteration, said improvement
shall, in favor of purchasers and encumbrances in good faith and
for value be deemed to comply with all of the provisions hereof,
unless a notice of such noncompliance executed by any member of
the ARB shall appear of record in the office of the Clerk of the
Circuit Court of Seminole County, Florida, or legal proceedings
shall have been instituted to enforce compliance with these
provisions. Upon approval of the ARB, it shall be conclusively
presumed that the location and exterior configuration of any
building, structure or other improvement placed or constructed in
accordance with the approved plans and specifications does not
violate the provisions of this Declaration. The approval of the
ARB of any plans or speci fications submi tted for approval as
herein specified shall not be deemed to be a waiver by the ARB of
its rights to object to any of the features or elements embodied
in such plans or specifications if or when the same features or
elements are embodied in any subsequent plans or specifications
submitted, nor shall its approval be deemed approval of any plan
or design from the standpoint of structural safety or conformance
with building or other codes.
Section 4. Variances. The ARB may authorize variances from
compliance from any of the architectural provisions of this
Declaration or the Planning Criteria, including without limita-
tion restrictions upon height, size or placement of structures,
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or similar restrictions, when circumstances such as topography,
natural obstructions, hardship, aesthetic or environmental
considerations may require. Such variances must be evidenced in
writing and must be signed by at least two (2) members of the ARB
and shall be effective upon delivery to the Owner. If such
variances are granted, no violation of this Declaration shall be~
deemed to have occurred with respect to the matter for which the~
variance was granted. The granting of such a variance shall not~
operate to waive any of the terms and provisions of this Declara~~
tion or the Planning Cri teria for any purpose except as to the!=>
particular Unit and the particular provi sion covered by the ~
variance, nor shall it affect in any way the Owner's obligation"
to comply wi th all governmental laws and regulations affecting
the use of the Owner's Unit, including but not limited to zoning
ordinances and setback requirements imposed by the City of Winter
Springs, Florida.
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Section 5. Waiver of Liability. Neither the Declarant, the
ARB, any member of the ARB, or the Association, or any of their
representatives, provided that they have acted in good faith,
shall be liable in damages to anyone submitting plans for approv-
al or to any Owner or occupant of The Properties by reason of
mistake in judgment, negligence or nonfeasance arising out of or
in connection with the approval or disapproval of any plans, or
the failure to approve any plans. Every person who submits plans
for approval agrees, by submission of such plans, and every Owner
or occupant of any Unit agrees, by acquiring title thereto or an
interest therein, that it will not bring any action, proceeding
or suit to recover any such damages. Approval of any bui lding
plans, specifications, site or landscape plans or elevations, or
any other approvals or consents pursuant hereto or otherwise is
given solely to protect the aesthetics of The Properties and
shall not be deemed a warranty, representation or covenant that
such buildings, improvements, landscaping or other action taken
pursuant thereto or in reliance thereon complies with, or is not
in violation of, any applicable laws, codes, rules or regula-
tions.
The Declarant, the ARB, or any agent or architect thereof,
shall not be responsible in any way for any defects in any plan
or specifications submi tted, revised or approved in accordance
with the requirements of the ARB, or for any structural or other
defect in any work done according to such plans and specifica-
tions.
This Article may not be amended without the Declarant's
written approval so long as the Declarant owns any Unit or is a
Class "B" Member. Nothing contained in this Section shall be
construed to permit or authorize any violations of or deviations
from the City Code, City of Winter Springs, Florida.
-22-
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Section 6. Enforcem~nt of Planning Criteria. The Declarant
and the Board of Directors shall have the standing and authority
on behalf of the Association to enforce in courts of competent
jurisdiction the Planning Criteria and the decisions of the ARB.
Should the Declarant or the Association be required to enforcef.n
the provisions hereof by legal action, the reasonable attorneys'~
fees and costs incurred, whether or not judicial proceedings are~
involved, including the attorneys' fees and costs incurred on~
appeal from judicial proceedings, shall be collectible from theg
violating Owner. Should any Owner fai 1 to comply with the:..,
requirements hereof after thirty (30) days' written notice, the:
Declarant and the Association shall have the right to enter upon
the Owner's property, make such corrections or modifications as
are necessary, or remove anything in violation of the provisions
hereof or the Planning Criteria, and charge the cost thereof to
the Owner. The Declarant and the Association, or their agents or
employees, shall not be liable to the Owner or to any occupant or
invitee of any Unit for any trespass or damages or injury to the
property or person unless caused by negligence or intentional
wrongdoing.
Section 7. Term of ~proval. Approval by the ARB shall be
effe~tive for a period of one (1) year from the date the approval
is given, or one (1) year from the expiration of the thirty (30)
day period specified in Section 2 hereof where approval is not
expressly granted or denied. If construction has not commenced
wi thin the said one (1) year period, the approval shall have
expired and no construction shall thereafter commence without
written renewal of such prior approval.
ARTICLE VIII
EXTERIOR MAINTENANCE
-" -----.,-.-,.-----
Section 1. Owner's Responsibi li...t.Y_;_Defaul t. It shall be
the affirmative duty of each Owner at all times to keep and
maintain the improvements, landscaping and stormwater drainage
and retention improvements located on and serving to drain only
its Unit in good and presentable condition and repair consistent
with the approved plans and specifications therefor, subject to
the provisions of Article X hereof. The Association shall have
the right to provide exterior maintenance upon any Uni t and
improvements thereon in The Properties in the event of default by
any Owner in that Owner's duties hereby imposed; subject, howev-
er, to the following provisions. Prior to performing any mainte-
nance on an Owner's property, the Board of Directors of the
Association shall determine that same is in need of repair or
maintenance and is detracting from the overall appearance of The
Properties. Except in the event of an emergency, prior to
commencement of any maintenance work, the Board of Directors must
furnish fifteen (15) days' prior written notice to the Owner at
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the last address listed in the Association's records for said
Owner notifying the Owner that unless certain specified repairs
or maintenance are commenced within said fifteen (15) day period
and thereafter diligently pursued to completion, the Association
may procure said repairs and charge same to the Owner. Upon the
failure of the Owner to act wi thin said period of time and t<<n
thereafter diligently pursue repairs or maintenance, the Associa~
tion shall have the right to enter in or upon any Unit and th~
exterior of any improvements located thereon, or to hire person~
nel to do so, to make such necessary repairs, or maintenance a~
is specified in the written notice. In this connection, the.."
Association shall have the right to do such things as, bur
limited to, paint, repair, replace and care for roofs, gutters,
downspouts and exterior bui lding surfaces, c lean or resurface
paved access ways and parking areas, trim and care for trees,
shrubs, grass, walks, swales, berms and other landscaping and
drainage improvements not otherwise to be maintained by the
Association, as well as to provide general cleanup, shoreline
maintenance, and removal of debris which in the opinion of the
Association detracts from the overall beauty and setting of The
Properties. The Declarant and the Association, or their agents
or employees, shall not be liable to the Owner for any trespass
or damages or injury to the property or person of the Owner or
the occupants or invi tees of the affected Uni t or improvements
thereon unless caused by negligence or intentional wrongdoing.
Section 2. Assessment of Cost. The cost of the repair or
maintenance referred to in Section 1 shall be assessed as an
individual assessment against the Owner of the Unit or improve-
ments upon which such maintenance is done. Said individual
assessment shall be secured by a lien upon the affected Unit and
improvements and shall also constitute a personal obligation of
the Owner. The individual assessment shall be collectible, along
wi th interest at the highest rate allowed by law from date of
expenditure to date of payment by the Owner, and costs of collec-
tion and attorneys' fees, in the same manner as delinquent annual
assessments.
Section 3. Access at Reasonable Hou~~. For the purpose of
performing the repairs or maintenance authorized by this Article,
the Association, through its duly authorized agents or employees,
shall have the right to enter upon any Unit and the exterior of
any improvements thereon during reasonable hours on any day
except Sundays and holidays, except that in an emergency situa-
tion, as determined by the Board, entry may be made on any day
and at any hour.
Section 4. Assoc~_C!j:j_on MaintE:!J1Cll1.ce_Re::;p_Qnsi!:?JJJ t..Y.
(a) The Associ ation shall maintain and keep in good
repair the Common Property and Areas of Common Responsibi Ii ty,
and all improvements thereon. Said maintenance obligation shall
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be deemed to include but not be limited to maintenance, repair
and replacement, subject to the insurance and casualty loss
provisions contained herein, of all utility lines, pipes, wires,
glass, conduits, structures, systems, trees, fences, shrubs,
grass, streets, parking spaces, walks, and other improvements
situated upon the said Common Property and Areas of Commo~
Responsibi Ii ty. It shall also be the affirmative duty of th~
Association to maintain as a Common Expense all stormwate~
drainage and retention improvements and features located in Th~
Properties or Areas of Common Responsibility and comprising par~
of the master stormwater drainage plan for Bentley Green. AI!..,
maintenance of each Unit in The Properties and all parts of any
structure thereon, unless specifically identified as being the
responsibility of the Association, shall be the responsibility of
the Owner of such Unit. Notwithstanding the foregoing, the
responsibili ty of the Association regarding the maintenance of
the yards in the Units as Areas of Common Responsibility shall be
limited to such as is expressly provided in Article X hereof.
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(b) Ponds and VVRS. Notwi thstanding anything to the
contrary contained herein, and without limiting the generality of
any other provision of this Declaration, the Association shall
own (or have the right to use) and will maintain the stormwater
management system, including but not limited to all detention and
retention ponds and vertical volume recovery structures ("VVRS")
situated within the Properties or situated outside the Properties
but serving the Properties as an Area of Common Responsibility.
Inlets to exfiltration systems must be inspected and cleaned of
debris and sediment on a quarterly basis in February, May, August
and November of each year. If the system becomes clogged,
maintenance measures must be taken to ensure the system will
function as designed. I f maintenance measures prove insuffi-
cient, the permittee must apply for and obtain Water Management
district and Ci ty of Winter Springs approval of an alternate
design that will perform the same function. The Association does
not own the golf course pond adjoining the Properties, but said
pond may be used, and will be maintained, by the Association.
ARTICLE IX
RESTRICTIVE COVENANTS
-- _._.~---
The Properties shall be subj ect to the following restric-
tions, reservations and conditions which shall be binding upon
each and every Owner and its hei rs, personal representatives,
tenants, invitees, successors and assigns, as follows:
Section 1. Wat~L_and Sew~_SL~__.f..~<;:JJJtie.~. No individual
water supply system or individual sewage disposal system shall be
permitted.
-25-
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Section 2. Landscaping. Except as provided in Article X
hereof, landscaping on each Unit and stormwater drainage and
retention features located on and serving only that Unit shall be
continuously maintained in good, aesthetically pleasing condition
by the Owner thereof. The Owner of each Unit abutting a body of
water or any canal shall maintain the shoreline of said Unit free
of debris and weeds consistent with applicable environmenta~
regulations. All landscaped and grassed areas on each Unit shal~
be watered by means of an automatic underground sprinkler syste~
which shall be employed so as to keep all vegetation in excellen~
condition. Landscaping as approved by the ARB shall be installed?
within thirty (30) days of occupancy or completion of any build-~
ings (as evidenced by a certificate of occupancy or its equiva-'
lent), whichever occurs first.
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Section 3. Obnoxious or Offensive Activ~~, No obnoxious
or offensive activity shall be allowed upon The Properties, nor
shall any use or practice be allowed which is a source of annoy-
ance, embarrassment or discomfort to Owners or their tenants or
invi tees, or which interferes wi th the peaceful possession and
proper use and enjoyment of The Properties, nor shall any improp-
er, unsightly, offensive or unlawful use be made of any Unit or
any improvements thereon or of the Common Property, nor any part
thereof, and all laws, zoning ordinances, and regulations of all
governmental bodies having jurisdiction shall be observed.
The use, enjoyment and occupancy of The Properties shall be
in such a manner so as not to cause or produce any of the follow-
ing effects discernible outside buildings located thereon or
affecting the adjoining property or any portion or portions
thereof: noi se or sound that is obj ectionable because of its
volume, duration, intermittent beat, frequency or shri llness;
smoke; noxious, toxic or corrosive fumes or gases; obnoxious
odors; dust, dirt or fly ash; unusual fire or explosive hazards;
or vibration.
Section 4. Rules and Regulations. Rules and regulations
promulgated by the Board of Directors of the Association as to
the use and enjoyment of The Properties shall be observed by the
Owners and occupants thereof. Such rules and regulations may
involve such matters as air conditioning units, signs, mailboxes,
temporary structures, noisy mufflers or other nuisances, garbage
and trash disposal, clotheslines, parking, vehicle traffic and
the state of repair of vehicles, tree removal, gutters, pets,
game and play structures, swimming pools, television antennae,
dri veways, walkways, sight di stances at intersections, garages,
and fences. These matters are set out by way of illustration
only and shall not be construed to limi t the authori ty of the
Board of Directors to promulgate and enforce rules and regula-
tions. Such rules and regulations may augment or clarify the
terms of this Declaration or any provision, covenant or restric-
tion herein contained. Copies of such rules and regulations
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shall be made available to each Owner prior to the time same
become effective. Nothing contained in thi s Section shall be
construed to permit or authorize any violations or deviations
from the City Code, City of Winter Springs, Florida.
Section 5. Animals. Birds, dogs and cats may be kept as
pets only, and shall not be held or offered for sale or main-
tained or bred for any commercial use. Birds, dogs and cats
which are kept as pets shall be sheltered inside structures; nOfl'l
animal shelter shall be permitted outside. All dogs and cats~
must be leashed when outside and shall not be permitted to run~
loose. No other animals, fowl, reptiles or livestock shall be::;;
kept or maintained in The Properties. No animal, etc., shall beg
permitted to remain if it disturbs the tranquility of The Proper-~
ties or the Owners or tenants thereof. No more than two dog or~
two cats may be kept at any Unit.
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Section 6. Garbage and Trash. No trash, garbage or other
waste material or refuse shall be placed or stored on any part of
The Properties except in covered or sealed sanitary containers.
All such sanitary containers must be stored within each building,
buried underground, or placed within an enclosure or concealed by
means of a screening wall of material similar to and compatible
with that of the building. These elements shall be integrated
with the concept of the building plan, shall be designed so as
not to attract attention, and shall be located in the most
inconspicuous manner possible.
Section 7. Storage Receptacles. No fuel tanks or simi lar
storage receptacles may be exposed to view, and same may be
installed only wi thin an approved accessory building, wi thin a
screened area, or buried underground, and shall otherwise comply
wi th standards established from time to time by the Board of
Directors.
Section 8. Vehicles and Repair. No inoperative cars,
motorcycles, trucks or other types of vehicles shall be allowed
to remain either on or adj acent to any Uni t for a continuous
period in excess of forty-eight (48) hours; provided, however
this provision shall not apply to any such vehicle being kept in
an enclosure and not visible from the street or any neighboring
Unit. Additional rules and regulations regarding use, repair and
storage of vehicles in The Properties may be promulgated from
time to time by the Board of Directors.
Section 9. Temporary Structures. No building or structure
of a temporary character, including trai lers, tents and shacks
shall be permitted in The Properties; provided, however, tempo-
rary improvements used solely in connection with the construction
of approved permanent improvements shall be permitted so long as
located as inconspicuously as possible and removed immediately
upon completion of such construction.
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Section 10. Signs. No signs, advertisements, billboards,
solicitation or advertising structures of any kind shall be
erected, modified or maintained on any Unit, unless prior written
approval of the ARB is obtained; provided, however, street
numbers and name signs on individual Units and one sign contain- ~
ing not more than six (6) square feet of surface area per side (2 ~
sides maximum) and used solely in connection with the marketin~ -.,
of Units for sale shall be permitted without prior approval. Th~
restrictions of this section shall not apply to the Declarant. ~
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Section 11. Air-Conditioning E~uipment. No air condition~ ~
ing equipment which is visible on the exterior of any improvemen~l ~
shall be permitted in The Properties unless approved by the ARB.:
Approval shall be based upon adequacy of screening and/or land- . ""
scaping of such equipment. The ARB may prohibit window air
conditioning units altogether or impose stricter standards.
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Section 12. Draina~e Structures. No person (other than the
Declarant), without the prior written approval of the ARB, and
the City of Winter Springs, Florida shall obstruct, alter or in
any way modify the method and/or structures of drainage utilized
or now or hereafter installed by the Declarant or the Association
from, on and over any Unit, Common Property or any Area of Common
Responsibili ty; nor shall any structure be erected, placed or
maintained which shall in any way obstruct such drainage devices
or facilities or impede their efficient operation.
Section 13. Antennae. No outside antenna, including
without limitation any television, radio, microwave or dish
antenna, shall be erected, used or maintained in The Properties
without the prior written approval of the ARB.
Section 14. Subdivision. No part of The Properties shall
be further subdivided without the prior written consent of the
Ci ty of Winter Springs, Florida. In addition the prior written
consent of the Declarant shall be required for so long as the
Declarant owns any lands in The Properties or in the real proper-
ties described on Exhibi t "B". and thereafter by the Board of
Directors.
Section 15. Completion of Constr~~~i~B. After commencement
of construction of any improvements in The Properties, the Owner
shall diligently prosecute the work thereon, to the end that the
improvements shall not remain in a partly finished condition any
longer than reasonably necessary for completion thereof. The
Owner of the Unit on which improvements are being constructed
shall at all times keep public and private streets contiguous to
the Unit free from any dirt, mud, garbage, trash or other debris
which might be occasioned by construction of the improvements.
Section 16. Excavation. No clearing or excavation shall be
made except in connection with the construction, maintenance or
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repair of an improvement; and upon completion thereof exposed
openings shall be backfilled, and disturbed ground shall be
leveled, graded and seeded, as provided on the approved plans for
landscaping.
Section 17. Maintenance of Protective Screening. Excluding
that comprising an Area of Common Responsibility to be maintaine~
by the Association, any protective screening constructed alon~
exterior Unit lines as a buffer against the encroachment oF?
noise, dust and/or visual pollution, or other adverse influences~
shall be maintained by the Owners of such Unit, at such Owner'~
expense, including the repair and replacement thereof from time,
to time, for so long as such buffer shall continue necessary by
virtue of the continued adverse influence on the adjacent proper-
ties, which such necessity shall be determined by the ARB.
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Section 18. Utility Service. No "service lines" shall be
constructed, placed or maintained anywhere in or upon The Proper-
ties unless the same shall be contained in condui ts or cables
constructed, placed and maintained underground or concealed in,
under or on bui ldings or other approved improvements; provided
electrical transformers may be permitted if properly screened and
approved by the ARB. Nothing herein shall be deemed to forbid
the erection and use of temporary power or telephone service
poles incident to the construction of approved improvements. The
foregoing shall not apply to "transmission lines" now or hereaf-
ter existing on The Properties. As used herein, the term "ser-
vice line" shall include lines, wires, or other devices for the
communication or transmission of electric current or power on any
site or part thereof, including without limitation telephone and
television signals. As used herein, the term "transmission line"
shall include such master lines, wires, etc. as transmi t the
current or power to the Units or parts thereof, and from which
the "service lines" run.
Section 19. Mailboxes. No mailboxes shall be permitted in
The Properties unless and until approved by the ARB, and subject
to such requirements as may be imposed by the ARB. Every Unit
shall have its own mailbox, located on the Unit. The ARB may
authorize two (2) adjoining Units to share a single mailbox
structure located on or near the common property line. Mailboxes
shall not be located over underground drainage pipes, and shall
be designed to "breakaway" in the event of significant impact.
Section 20. Clotheslines. No clotheslines shall be permit-
ted in The Properties.
Section 21. Pla~ructures and Ya~(:L6cc~--Esories. All yard
accessories and play structures, including basketball backboards
and any other fixed games, shall be located at the side or rear
of the residential structure, or to the rear of the residences on
corner Units, within the set back lines.
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Section 22. Trees. Trees measuring six inches (6") or more
in diameter at three feet (3') or more above ground level shall
not be cut or removed from The Properties wi thout the prior
written consent of the ARB unless the trees are located within
six feet (6') of the residence or its proposed location as
approved by the ARB. Notwithstanding, no trees shall be cut or
removed without all required approvals of the City of Winte~
Springs, Florida. ~
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Section 23. Setbac~. In addition to any setback re~
quirements of the City of Winter Springs, Florida, any buildin~ ~
structure located on any Unit shall not be located any neare1"'l ~
than 15 feet from the front or rear property lines, zero feet oh
side lot lines provided all building structures are no nearer ..r-:-
than 10 feet from any building structure on any side adjoining
Unit, 100 feet from the centerline of Howell Creek, 40 feet from--
any golf course or country club property except for the property
abutting the 17th fairway lake, which setback shall be 20 feet,
and 20 feet from any retention or detention ponds or the existing
golf course pond. No pool (excluding surrounding patio) shall be
located closer to the side yard property line of the Unit upon
which said pool is located than the distance required by the
zoning ordinances of the City of Winter Springs, Florida for side
yards in the zone in which the Unit is located plus 3 feet, not
closer than 10 feet from the rear property line, nor shall any
part of the pool structure within and including the coping
intrude upon any easement. Screen enclosures shall not be
located closer to the side yard property line than the side yard
setback requirement established by the zoning ordinances of the
Ci ty of Winter Springs for the Uni t upon which the pool is
located, nor closer to the rear property line than 7 feet.
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ARTICLE X
----_.---
MAINTENANCE OF UNIT LANDSCAPING
____.___.____.___....n______ _._
Section 1. Common Maintenance ~rea. The Declarant intends,
and by purchasing a Uni t in The Properties each Owner agrees,
that the Association shall be responsible for maintaining, at the
expense of the Owners of Uni ts in The Properties, the yard of
each Unit, including wi thout limi tation the cutting of grass,
trimming and maintaining of trees, plants and shrubs, weeding,
ferti lizing, and insect control. The area of each yard to be
maintained by the Association shall be all of the original
landscaping of each Unit in The Properties installed coincident
with the construction of the original improvements on the Unit as
well as other landscaping installed by the Owner and approved for
maintenance by the ARB in the exercise of its reasonable discre-
tion; excluding, however, the areas of any yard enc lased or
otherwise not readily accessible to maintenance personnel. This
area shall be referred to as the "Common Maintenance Area." The
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right to maintain such area is not exclusive with the Association
and the Owner may also provide such additional maintenance and/or
additional landscaping as may be desired, so long as any addi-
tional landscaping be maintained by the Owner to the same stan-
dard as the maintenance of the balance of the Common Maintenance
Area. The Association may enter into agreements with third
parties to fulfill its obligations hereunder. ~
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The amount of each yard inaccessible for maintenance and th~
amount of separate or additional maintenance provided by eacJ:f;;
Owner shall have no bearing on the amount assessed against ag
particular Unit by the Association for maintenance of the Common
Maintenance Area. Minor repairs to sprinkler heads and under-r
ground lines comprising part of each sprinkler system within the
Common Maintenance Area will be included in the maintenance
duties of the Association. Each Owner will be responsible to
obtain and pay for water service for irrigation, maj or mainte-
nance and replacement of sprinkler heads and underground lines,
and all repair and replacement of sprinkler controls.
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Section 2. Easement over Common Maintenance Area. The
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Association, its agents, independent contractors and employees
are hereby granted a perpetual nonexclusive easement over, upon
and within the Common Maintenance Area for the purpose of per-
forming the maintenance obligations described in this Article.
Section 3. Limitations. The maintenance responsibi Ii ties
of the Association described in this Article shall not include
the replacement of any trees, shrubs, sod, or other landscaping
materials except those damaged or destroyed through the negli-
gence or willful misconduct of the Association in the performance
of its duties hereunder. The extent and degree of the mainte-
nance to be performed by the Association hereunder shall at all
times be as determined solely by the Association, provided that
the standard of maintenance provided shall always be, at a
minimum, reasonable and customary for residential communities
similar to The Properties. Unless expressly authorized by the
Association in a particular instance, the maintenance duties of
the Association shall not include preventative efforts to protect
landscaping against damage due to changes in temperature, wind-
storms, excessive or insufficient rainfall, abnormal plant
diseases or abnormal insect problems.
ARTICLE XI
----~_._-----
SECURITY STATION
For the preservation of the safety and security of The Properties
and the Owners, the Association may determine, upon the affirma-
tive vote of three-quarters (3/4) of its Member votes, to install
at the right of way entrances to The Properties a security
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station with a security guard and wi th or without a security
gate. The expense of such security features may be assessed to
the Owners specially and/or as a part of the annual assessment,
as determined by the Board of Directors.
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ARTICLE XII .~
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The Declarant reserves and shall have the sole right to (ap
amend this Declaration for the purpose of curing any ambiguity i~
or any inconsistency between the provisions contained herein; (b)
include in any contract or deed or other instrument hereafter
made any additional covenants and restrictions applicable to any
Uni t which do not lower the standards of the covenants and
restrictions herein contained; (c) release any Unit from any part
of the covenants and restrictions contained herein which have
been violated if the Declarant, in its sole judgment, determines
such violation to be a minor or insubstantial violation; (d)
amend this Declaration without vote or consent of the Owners in
any manner which does not adversely affect the substantive rights
of an existing Owners or mortgagees; and (e) to amend this
Declaration during the first two (2) years after same has been
recorded to comply with the request of any Mortgagee referred to
in Section 8 of Article VI. The foregoing amendments may be made
without the joinder or approval of any Owner, Mortgagee, or the
Association, but such shall require the approval of the City of
Winter Springs, Florida.
ARTICLE XIII
ADDITIONAL COVENANTS AND___R]:'.:$J_RICTJ_QNS
No Owner, without the prior written approval the City of
Winter Springs, Florida and of the Declarant for so long as the
Declarant owns any lands in the Development Plan (and thereafter
without the prior written approval of the Board of Directors of
the Association), may impose any additional covenants or restric-
tions on any part of The Properties.
ARTICLE XIV
--------.-
AMENDMENT
-----------
Except as to provisions relating to amendments set forth
herein regarding certain specific items and the method of amend-
ing or altering same, any other provi sions, covenants, or re-
strictions set forth herein may be amended in accordance with
this provision. The holders of at least two-thirds (2/3) of the
-32-
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votes in the Association, without regard to class, may change or
amend any provision hereof (1) by executing a written instrument
in recordable form setting forth such amendment, or (2) by
causing a certified copy of a duly adopted resolution of the
Owners to be prepared, and having the same duly recorded in the
Public Records of Seminole County, Florida. A proposed amendment
may be initiated by the Declarant, the Association, or by peti~
tion signed by ten percent (10%) of the Owners. If a propose~
amendment is to be adopted by vote, a written copy of the pro~
posed amendment shall be furnished to each Owner at least thirt~
(30) days but not more than ninety (90) days prior to the meetin~
to discuss the proposed amendment. If adopted by vote, th~
affirmative vote required for adoption shall be two thirds (2/3~
of the votes of the Members (without regard to class) who shall
be present in person or by proxy at a meeting duly called, and
the recorded certificate shall contain a recitation that notice
was given as above set forth and said recitation shall be conclu-
sive as to all parties, and all parties of any nature whatsoever
shall have full right to rely upon said recitation in such
recorded certificate. At any time that Declarant holds two-
thirds (2/3) or more of the votes in the Association, in the
event Declarant chooses to amend this Declaration such resolution
and voting procedures shall not be required, and in such event
Declarant shall merely provide wri tten notice to the remaining
Owners of any amendment hereto. The amendment shall be effective
upon recordation of the executed amendment or the certified copy
of the duly adopted resolution among the Public Records of
Seminole County.
So long as the Declarant shall own any lands adjoining The
Properties which are subject to potential annexation, no Declar-
ant related amendment shall be made to this Declaration, any
Supplemental Declaration, or to the Articles or Bylaws of the
Association unless such amendment is first approved in writing by
the Declarant. Any amendment shall be deemed to be Declarant
related if it does any of the following:
(i) directly or indirectly by its provisions or in
practical application relates to the Declarant in a manner
different from the manner in which it relates to other Owners.
(ii) modifies the definitions provided for by Article I
of this Declaration in a manner which alters the Declarant's
rights or status.
(iii) modifies or repeals any provision of Article II of
this Declaration.
(i v) alters the character and rights of membership as
provided for by Article I I I of this Declaration or affects or
modifies in any manner whatsoever the rights of Declarant as a
Member of the Association.
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(v) alters any previously recorded or written agree-
ment with any public or quasi-public agencies, utility company,
political subdivisions, public authorities or other similar
agencies or bodies, respecting zoning, streets, roads , drives,
easements or facilities.
(vi) denies the right of the Declarant to convey to th~
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(vii) modifies the basis or manner of assessment a~
applicable to the Declarant or any lands owned by the Declarant.n
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(viii) alters or repeals any of the Declarant's rights o~-
any provi sion applicable to the Declarant's rights as provided
for by any provision of this Declaration or any Supplemental
Declaration. Notwithstanding the foregoing, any Amendment to
this Declaration must be approved by the City of Winter Springs,
Florida.
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ARTICLE XV
PARTY FENCES
Section 1. General Rules of Law to ~~. To the extent
not inconsistent with the provisions of this Article, the general
rules of law regarding party walls and liability for property
damage due to negligence or willful acts or omissions shall apply
to each party fence which is bui 1 t as part of the original
construction and any replacement of improvements in The Proper-
ties.
In the event that any portion of any structure, as original-
ly constructed, including any party fence, shall protrude over an
adjoining Common Property, or Unit, such structure or party fence
shall not be deemed to be an encroachment upon the adjoining
lands, and the affected Owner shall neither maintain any action
for the removal of the party fence or projection, nor for damag-
es. In the event there is a protrusion, it shall be deemed that
the affected Owner has granted a perpetual non-exclusive easement
to the adjoining Owner for continuing maintenance and use of the
projection or party fence. The foregoing shall also apply to any
replacements of any structures or party fences if same are
construed in conformity with the original structure or party
fence.
Section 2. Sharing of Repair and M~il)te11~D.fe. The cost of
reasonable repair and maintenance of a party fence shall be
shared equally by the Owners who make use of the fence in propor-
tion to such use.
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Section 3. Destruction by Fi re or Other Casualty. I f a
party fence is destroyed or damaged by fire or other casualty,
any Owner who has used the fence must restore it, and if other
Owners thereafter make use of the fence, they shall contribute to
the cost of restoration thereof in proportion to such use,
wi thout prejudice, however, to the right of any such Owner to
call for a larger contribution from the others under any rule of
law regarding liability for negligent or willful acts or omis-
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Section 4. Right to Contribution R\lns wij:h Land. The righ~
of any Owner to contribution from any other Owner under thia:;
Article shall be appurtenant to the land and shall pass to .suc~
Owner's successors in title.
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Section 5. Arbitration. In the event of any dispute
arising concerning a party fence, or under the provisions of this
Article, each party shall choose one arbitrator and such arbitra-
tors shall choose one addi tional arbi trator, and the decision
shall be by a majority of all the arbitrators. The decision of
the arbitrators shall not, however, be binding and conc lusi ve
upon the parties and any party to the dispute shall thereafter
have the right to institute any action or proceeding, at law or
equity, which he deems necessary or desirable.
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ARTICLE XVI
COVENANTS COMMITTEE
Section 1. Committee. The Board of Directors may appoint a
Covenants Committee consisting of at least three (3) and no more
than seven (7) members. Acting in accordance with the provisions
of this Declaration, the Bylaws, and any resolutions the Board
may adopt, the Covenants Committee shall be the hearing tribunal
of the Association relative to alleged infractions of the rules
and regulations of the Association.
Section 2. Hearing Procedure. The Board shall not impose a
fine, suspend voting, or infringe upon any other rights of a
Member or other occupant for violations of rules and regulations
unless and until the following procedure is followed:
(a) Demand. Wri tten demand to cease and desi st from
an alleged violation shall be served upon the alleged violator
specifying:
(i) the alleged violation;
(ii) the action required to abate the violation;
and
-35-
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(iii) a time period which, except in emergency
situations, shall be not be less than ten (10) days, during which
the violation may be abated without further sanction, if such
violation is a continuing one, or a statement that any further
violation of the same rule may result in the imposition of a
sanction after notice and hearing if the violation is not contin-
uing.
(b) Notices. At any time within twelve (12) months o~
such demand, if the violation continues past the period allowe~~
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in the demand for abatement without penalty, or if the same rul~
is subsequently violated, the Board or its delegate shall serv~l
the violator with written notice of a hearing to be held by thep
Covenants Committee in executive session. The notice shall~
contain: :
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(i) the nature of the alleged violation;
shall not be
notice;
(ii)
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the time and place of the hearing, which time
than ten (10) days from the giving of the
(iii) an invitation to attend the hearing and
produce any statement, evidence, and witness on his behalf; and
(iv) the proposed sanction to be imposed.
(c) Hearing. The hearing shall be held in executive
session pursuant to this notice affording the Member a reasonable
opportuni ty to be heard. Prior to the effectiveness of any
sanction hereunder, proof of notice, and the invitation to be
heard shall be placed in the minutes of the meeting. Such proof
shall be deemed adequate if a copy of the notice, together with a
statement of the date and manner of delivery, is entered by the
officer, director, or agent who delivered such notice. The
notice requirement shall be deemed satisfied if the alleged
violator appears at the meeting. The minutes of the meeting
shall contain a written statement of the results of the hearing
and the sanction, if any, imposed.
(d) Appeal. Following a hearing before the Covenants
Commi ttee, the violator shall have the right to appeal the
decision to the Board of Directors. To perfect this right a
written notice of appeal must be received by the manager, Presi-
dent, or Secretary of the Association within ten (10) days after
the hearing date.
-36-
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ARTICLE XVII
DURATION AND TERMINATION
The covenants and restrictions of this Declaration and of
each Supplemental Declaration incorporating Additional Properties
shall run with and bind the land, and shall inure to the benefit
of and be enforceable by the Declarant, the Association and an~
Owner of any land subject to this or any Supplemental Declara~
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tion, thei r respective legal representatives, heirs, successorf:f2
and assigns, for a term of thirty (30) years from the date thi~1
Declaration is recorded, after which time said covenants shall b~
automatically extended for successive periods of ten (10) years.~
This Declaration may be terminated at any time by recordation otr
an instrument signed by the then holders of eighty percent (80%)
of the votes in the Association and their first mortgagees
agreeing to terminate said covenants and restrictions.
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ARTICLE XVIII
ENFORCEMENT
Section 1. Remedies. If any person or entity shall violate
or attempt to violate any of these covenants or restrictions, it
shall be lawful for the Declarant, any Owner or the Association
(a) to prosecute proceedings for the recovery of damages against
those so violating or attempting to violate any such covenant or
restriction, or (b) to maintain a proceeding in any court of
competent jurisdiction against those so violating or attempting
to violate any such covenant or restriction, for the purpose of
preventing, or enjoining all or any such violations or attempted
violations. The remedies contained in this provision shall be
construed as cumulative of all other remedies now or hereafter
provided by law or this Declaration. The failure of the Declar-
ant, his successors or assigns, or the Association or an Owner,
to enforce any covenant or restriction or any obligation, right,
power, privilege. authority or reservation herein contained,
however long continued, shall in no event be deemed a waiver of
the right to enforce the same thereafter as to the same breach or
violation. or as to any other breach or violation thereof occur-
ring prior to or subsequent thereto.
Section 2. Severabili~. The invalidation of any provision
or provisions of the covenants and restrictions set forth herein
by judgment or court order shall not affect or modify any of the
other provisions of said covenants and restrictions which shall
remain in full force and effect.
Section 3. Notices. Any notice required to be sent to any
Owner shall be deemed to have been properly sent when mailed,
postpaid, to the last known address of the person who appears as
-37-
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Owner on the records of the Association at the time of such
mailing.
Section 4. Lessees to Comply with Declaration, Articles and
Bylaws -- Effect on Non-Compliance. All tenants shall be subjec~
to the terms and conditions of this Declaration, the Bylaws, th~
Articles of Incorporation, and the rules and regulations promul~
gated thereunder as though such tenant were an Owner. m
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Each Owner agrees to cause his lessee, occupant, or person~
Ii ving with such Owner or with hi s lessee to comply wi th the
Declaration, Bylaws, Articles and the rules and regulations
promulgated thereunder, and is responsible and liable for all
violations and losses caused by such tenants or occupants,
notwithstanding the fact that such occupants of the Unit are also
fully liable for any violation of the documents and regulations.
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In the event that a lessee, occupant, or person living with
the lessee violates a provision of the Declaration, Bylaws,
Articles or rules and regulations adopted pursuant thereto, the
Board shall have the power to bring an action or suit against the
lessee to recover sums due for damages or injunctive relief, or
for any other remedy available at law or equity.
ARTICLE XIX
CITY OF WINTER S~_~INGS
Notwithstanding any other provision contained herein, no
amendments may be made to this document without the prior approv-
al of the City of Winter Springs, Florida. The City of Winter
Springs is a third party beneficiary wi th the right to legally
enforce these documents. Nothing contained herein shall be
construed to permit or authorize any violations or deviations
from the City Code, City of Winter Springs, Florida.
IN WITNESS WHEREOF, the Declarant has caused these presents
to be executed as of the day and year first above written.
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Signed, sealed and delivered
in the presence of:
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STATE OF FLORIDA )
, )SS:
COUNTY OF :3f.rYLU~ )
e
I HEREBY CERTIFY that on thi s day, before me, an officer
duly authorized in the State and County aforesaid to take ac-
knowledgments, personally appeared A. Walter Temple, Jr., Trust-
ee, and that he acknowledged executing the foregoing Declaratlon
in the presence of two subscribing witnesses freely and voluntar-
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WITNESS my hand anq
last aforesaid this ;t~
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SEAL)
official seal in the County and
day of _.a1CL}__' 198j(~
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My Commission Expires:
Notary Public. State of Flonda at large
My Commission Expires March 16. 1993
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EXHIBIT A
TO BENTLEY GREEN DECLARATION OF
COVENANTS. C~D I T I ON::;--.b~t:![LJ~J:S'J:'R_Lc::T~Q~15~
.:1'H~~ ~HASE ONE PRO~E:F-T:Y~'~
That part of Section 7, Township 21 South, Range 31 East, City of
Winter Sprinqs, Semin91e County, Florida, beinq more particularly
described as (ollows:
From the Northeast corner o( Winter Sprinqs, Unit 3, as recorded
in Plat Book 17, Paqes 89 and 90, Public Records o( Semino1..
County, Florida; run N 87051'00" E 810nq an East..r1y extension o(
the North line of said Winter Sprinqs Unit 3, a distanc.. of
395,67 feet to a point on the East easem..nt lin.. o( a Florida
Pow..r and Light Easement recorded in Official Record Book 183,
Page 130, Public R..cords of Seminole County, Florida; run th..nce
N 31045'52" W (or a distance of 3674,63 feet; th..nc.. East 1426,66
feet to the centerline of Howell Creek; run thence Northerly
along said centerline of Howell Creek the (ollowinq cours..s: run
N 14031'15" E (or a distance o( 103,24 (eet; thenc.. run N
40031'18" E for a distance of 53,38 (eet; thence N 06008'17" E
(or a distance o( 107,86 (eet; thence run N 64020'12" E (or a
distance o( 107.70 (eet; thence run N 13025'05" W (or a distance
of 160.26 feet; thenc.. run N 21036'48" W for a distance o( 84,60
(eet; thence run N 24028' 06" E (or a di stance of 51. 90 feet;
thence run N 06002'13" E (or a distance of 79.25 feet; thence run
S 42023'31" E for a distance o( 73.29 feet; thence run N
18047'34" E (or a distance o( 21.66 feet; thence 1eavinq
aforesaid centerline of Howell Creek run th.. (ollowing courses:
run S 69018'41" E (or a distance of 383.72 feet; thence run S
87037' 08" E for a distance of 484.86 (eet to a point on the
Westerly Right-of-Way line o( proposed Greenbrisr Lane (60' R/W),
said point being on a curve concave Easterly and having a radius
of 626.89 feet, thence (rom a tangent bearing of S 22030'36" W.
run Southerly alonq the arc o( said curve and said Westerly
right-of-way lin.. 239.42 feet through a central angle of
21052'56" to the point of tangency; thence continue Southerly
along said Westerly right-of-way line the followinq courses: Run
S 00037' 40" W for a di stance of 346.49 feet to the POINT OF
BEGINNING, said point also being the point of curvature of a
curve concave Westerly and having a radius of 1572,82 feet a
chord bearing of S 11026'15" W; thence run Soutehrly alonq the
arc of said curve 593.47 feet through a central angle of
21037'10" to a point; thence run S 21049'28"W for a distance of
346,24 (eet to the point o( curvature o( a curve concave Easterly
and havinq a radius of 1395.11 feet; thence run Soutehrly slong
the arc of said curve 216,62 feet through a central anq1e of
08053'47" to a point; thence leaving said Westerly riqht-of-way
line, run S 86015'10" W (or a distance of 153.49 feet; thence run
N 03043'12" W for a distance o( 244.69 (eet; thence N 40022'19" W
(or a distanc.. o( 310.63 feet; thence N 64051 '04" E (or a
distance o( 134.93 (eet; thenc.. N 31050'43" E for a distance of
146,50 feet; thence N 15031'52" W (or a distance of 104.91 (eet;
thence N 74028'08" E for a distance of 102,32 feet; thenc.. N
67053'29" E for a distance of 129,46 (e..t; thence S 73037'28" E
(or a distance of 47,44 feet; thence N 82031'35" E for a distance
of 117.51 feet; thence run N 19045'51" W for a distanc.. of 134.39
feet; thence run N 41015'17" W for a distance of 136,01 feet;
thenc.. run N 82017'31" E (or a distance of 136.01 feet; thenc..
run N 82017'31" E for a distance of 113,53 feet; thence N
76018'42" E (or a distanc.. of 134.15 (eet; thence run S 86032'15"
E for a distance o( 20.96 feet to the Point of Beginning.
Containing 7.714 acres more or less.
(R:831\D2024)
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EXHIBIT B
TO BENTLEY GREEN DECLARATION OF
COVENANTS. ~ONDITIONS AND_-B~~'J:.RIC'!:JONS
POSSIBLE ADDITIONAL PROPERTY
;:;CSCRIP7ION:
That part of S~ction 7, Tow~ship 21 South, Range 31 Cast, City of Winter Springs, Semino1~
County, Florida, being more particularly described as follows;
From th~ North~ast corn~r of Winter Springs Unit 3, as r~corded in Plat Book 17, Pag~s 89 and 90.
Public R~cords of Seminol~ County, Florida; run N 87051'00" E along an East~rly ext~nsion of the
North lin~ of said Winter Springs Unit 3. a distance of 395.67 feet to a point on the East
easement line of a Florida power and Light Easement recorded in Official Record Book 183, Page
130, Public records of Seminole County, Florida; run thence N 31045'52" W for a distance of
3674.63 feet; th~nce East 1426.66 feet to the POINT OF BEGINNING, said point bein9 on the
ce~terline of Howell Creek; run thence Northerly along said centerline of Howell Creek the
following courses: run N 14031'15" E for a distance of 103.24 feet; thence run N ~0031'i8" E for
a distance of 53.38 feet; thence N 06008'17" E for a distance of 107.86 feet; thence run
N 64020'12" E for a dista~ce of 107.70 feet; thence run N 13025'05" W for a d:stence of 160.26
feet; thence run N 21036'48" W for a distance of 84.60 feet; thenc~ run N 24028'06" E for a
distanc~ of 51.90 feet; thence run N 06002'13" E for a distance of 79.25 feet; thence run
S 42023'31" E for a distance of 73.29 feet; thence run N 18047'34" E for a distance of 21.66
feet; thence leaving aforesaid centerline of Howell Creek run the following courses: run
S 69018'41" E for a distance of 383.72 feet; thence run S 87037'08" E for a distance of 484.86
f~et to a point on the Westerly Right-of-Way line of propos~d Greenbriar Lane (60' R/WI, said
point being on a curve concave Easterly and having a radius of 626.89 feet, thence from a tangent
bearing of S 22030'36" W, run Southerly along the arc of said curve and said westerly right-Of-
way line 239.42 fee~ t~rough a central a~91e of 21052'56" to the point of tancency; thence
continue Southerly along soid Westerly rlght-of-way line th~ following courses; Run S 000)7'40" W
for a distance of )~6.49 feet; thence run N 86032'15" W for a distance of 20.96 fee~; thence run
S 76018'42" W for a distance of 134.15 feet; thence run S 82017'31" W for a distance of 113.53
feet to the POINT OF 5EGINNING; thence run N 41015'17" W for a dis~ance of 121.59 feet; t~e~ce
run N 43028'26" W for a distance of 43.65 feet; thence run N 31006'08" W for a distance of 105.66
feet; thence run S 65001'01" W for a distance of 108.12 feet; thence run S 53052'39" W for a
distance of 40.18; t~ence run S 53012'34" W for a distance of 118.14 feet; thence S 40004'32" ~
for a distance of 122.77 feet; thence 5 15031'52" E for a distance of 294.99 teet; thence
N 74028'08" E for a distance of 102.32 feet; thence run N 67053'29" E for a distance of 129.46
feet; thence run S 73031'28" E for a distance of 41.44 feet; thence run N 82031'35" E for a
distance of 117.51 fe~t; thence run N 19045'51" W for a distance of 1:4.39 feet; thence run
N 41015'17" W for a distance of 136.01 feet to the to the Point of Beginni~g.
Containing 3.414 acres more or less.
DESC,,:?T:(;:l:
T~3~ par~ of Section 7, TownShip 21 South. Ra~ge 31 ~ast, City of Winter Springs, Seminole
c~unty, Fi~rida. being more particularly descrlbed as follows:
Fro~ the ~ort~eas~ corner of Wi~ter Spr:ngs v~i~ 3, as recorded i~ Plat BeoK 17, Pages. 89 a~d 90.
P~b~ic Records of Se~i~ole County, Fiorida; r~n N 87051'00" E along an Easterly ex~e~slon of the
North line of sa:d Wlnter Springs Unit 3, a distance of 395.61 feet to a point on the East
ease~ent :i~e of a Florida Power and Light ~ase~ent recorded in Official Record 30o~ 183. Page
130, Public records of Seminole County. Florlda; ru~ thence N 31045'52" W for a d~s~ance of
3674.63 feet; thence East 1426.66 fee~ to ~~e ?0IN7 OF BEG:NNING, said point bei~g 00 t~e
cen~erline of Hewell Creek; run thence ~ert~e~l'l along said centerline of Hewell C~eek t~e
fol:owinq courses: run ~ 14031'15" ~ for a d:stance of 103.24 feet; thence run N 40031'18" E for
a d~stan~e ~f 53.38 feet; thence N 06008'17" E for a distance of 107.86 feet; thence ru~
N 64020'12" ~ for a distance of 107.70 feet; t~e~ce run N 13025'05" W for a distance of 160.26
feet; thence run N 21036'48" W for a distance of 84.60 feet; thence run N 24028'06" E for a
distance of 51.90 feet; thence run N 06002'13" E for a distance of 79.25 feet; the~ce run
5 42023'31" E for a distance of 73.29 feet; thence run N 18047'34" E for a distance of 21.66
feet; the~ce leaving aforesaid centerline of Howell Creek run the following courses: run
5 6~18'4:" E fo~ a distance of 383.72 feet; tte~ce run S 87037'08" E for a dista~ce of 484.86
fee: to a point on the Westerly Right-of-Way ::~e of proposed Greenbriar Lane (60' ~/W), said
ooint being en a c~~ve concave Easterl'l and ha~ing a rad:us of 62:.89 feet. thence .re~ a tangent
~e3r~ng of S 22030'36" w, run Souther:y along the a~c of said curve and said Wes~~~:Y righ~-of-
wa'l line 239.42 feet through a central angle of 21052'56" to the point of tangency; thence
continue Sout~erly along said Westerly right-of-way line the followlng courses: Run S 00037'40" W
for a distance of 346.49 feet; thence run N 86"32'15" W for a distance of 20.96 feet; thence run
S 76018'42" W for a distance of 134.15 feet; thence run S 82017'31" W for a distance of 113.53
feet; thence run ~ 41015'17" W for a distance of 127.59 feet; thence run N 43028'26" W for a
distance of 43.65 feet; thence run N 37006'09" W for a distance of 105.66 feet; the~ce run
S 65001'01" W for a dlstance of 108.12 feet; thence run S 53052'39" W for a distance of 40.18
the~ce run S 53012'34" W for a distance of 118.74 feet; thence S 7~'34'23" W for a d~stance 0
1~C.91 feet; thence N 54026'46" W for a distance of 216.20 feet to the to the Po~nt of Beginn ng.
CJnt~ininJ 12.443 acres mc~e or less.
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EXHIBIT "e"
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ARTICLES OF INCORPORATION
OF
BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC.
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By
scriber
Chapter
visions
these Articles of Incorporation, the undersigned
forms a corporation not for profi t in accordance
617, KJorida Statutes, and pursuant to the following
("these Articles"):
Sub~
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ARTICLE I
_.----
NAM~
The name of the corporation shall be BENTLEY GREEN HOMEOWN-
ERS ASSOCIATION, INC. For convenience, the corporation shall be
referred to in this instrument as the "Association."
ARTICLE II
------
DURATION
-----
The Association shall exist perpetually unless and until
dissolved according to law. Corporate existence of the Associa-
tion shall commence upon the fi ling of these Articles with the
Florida Department of State.
ARTICLE III
------------
DEF_I Nl'!'J ONS
The following words shall have the defini tions set forth
below for purposes of these Articles:
3.1 "Additional Property" shall mean and refer -to those rea 1
properties, together with any improvements thereon, other than
t:he Phase One Property, which are made subj ect to the Dec larat~ion
under the provisions of Article II thereof.
3.2 "Area of Commo..!}. Re~ol}Eibili ty" shall mean and refer to
any lands and improvements, other than Common Property which are
to be operated, maintained or improved by the Association as the
result of (i) specific designation of any lands or improvements
r.1.S an Area of Common Responsibi li ty by the Declaration or any
Supplemental Declaration, (ii) a contract between the Associa-
tion, Owner or developer/builder with respect to any lands and
improvements lying in or near the Phase One Property or the
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Additional Property, or (iii) a decision of the Board of Direc-
tors of the Association designating lands or improvements as an
Area of Common Responsibility. The Declarant has designated the
following as Areas of Common Responsibi Ii ty: (i) maintenance,
repair, replacement, lighting and irrigation of all main entrance
features, signs and landscaping located at the entrances fro~
Greenbriar Lane to each portion of The Properties not located i~
the Common Property, (ii) the maintenance, repair, replacement,~
lighting and irrigation of all landscaping, entrance road paving,~
signs, walls and other features located in the unpaved right ofB
,,,ay on the western side of Greenbriar Lane adj acent to The:"',
Properties, (iii) maintenance of all street lighting in The~
Properties, (iv) chemical treatment and other maintenance of the
existing golf course pond and pond area located west of and
adj acent to the Phase One Property for the control of aquatic
weeds and other general maintenance, and (v) maintenance, repair
and replacement of landscaping and irrigation in the yards of the
Units, only as described in Article X of the Declaration.
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3.3 "Association" shall mean and refer to BENTLEY GREEN
HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for
profit, or its successors and assigns.
3.4 "Common Expenses" shall mean and refer to the actual
and estimated expenses of operating the Association and meeting
the costs incurred or to be incurred relative to the performance
of the duties of the Association, including without limitation,
the costs incurred for operation, maintenance and improvement of
any Common Property and any Areas of Common Responsibility, and
including any reserves established by the Association, all as may
be found to be necessary and appropriate by the Board of Direc-
tors of the Association pursuant to the Declaration, the By-laws.
and these Articles of Incorporation of the Association.
3.5 "Common Property" shall mean and refer to all real
property and any improvements located thereon, and all personal
property, from time to time intended to be devoted to the use and
enjoyment of all Members of the Association and maintained by the
Association at Common Expense.
3.6 "The Declarant" shall mean and refer to A. Walter
Temple, Jr., Trustee, and his successors and assigns. No succes-
sor or assignee of the Declarant shall have a.ny rights or obliga-
tions of the Declarant hereunder unless such rights and obliga-
tions are specifically set forth in the instrument of succession
or assignment, or unless such rights pass by operation of law.
3.7 "Declaration" shall mean and refer to the Bentley
Green Declaration of Covenants, Conditions and Restrictions
executed onM~Lll , 198 9 and to be recorded in the Public
Records of Seminole County, Florida.
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3.8 "Member" shall mean and refer to each Owner who is a
Member of the Association as provided in Article VI I of these
Articles.
3.9 "pwner" shall mean and refer to the record holder~n
whether one or more persons or entities, of fee simple title t~
each Uni t included in The Properties (other than the Associa-:i:
tion); but, notwithstanding any applicable theory of the law o~
mortgages, Owner shall not mean or refer to any mortgagee unlesq,
and until such mortgagee has acquired title pursuant to foreclo-o
sure proceeding or a conveyance in lieu of foreclosure. Ever~
Owner shall be treated for all purposes as a single Owner for
each Unit owned by it, irrespective of whether such ownership is
joint, in common or tenancy by the entirety. In the event any
life estate is created with respect to any Unit in The Proper-
ties, the Owner of the life estate shall be deemed to be the
Owner for purposes of this defini tion for so long as the life
estate shall exist.
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3.10 "Phase One Property" shall mean and refer to all that
certain real property described on Exhibit "A" attached to these
Articles.
3.11 "Jhe Properties" shall mean and refer to the Phase One
Property, together with such Addi tional Properties as may be
annexed thereon from time to time under the provisions of Article
II of the Declaration, if and when annexed.
3.12 "Unit" shall mean and refer to each separately de-
scribed residential lot in The Properties which is intended to be
occupied as a single family residence or household, including
without limitation each residential lot together with the resi-
dence, if any, constructed thereon. "Unit" shall include in its
meaning any interest in real property appurtenant to the owner-
ship of the Unit.
3.13 "~!:!12I?lemental Declaration" shall mean and refer to any
declaration of covenants, conditions and restrictions executed by
the Declarant, and by the owner of the affected lands if same are
not owned by Declarant, which extends the provisions of the
Declaration to Additional Property.
bBTICr,,~-IY
PRINCIPAL OFFICE
The principal office of the Association is located at
990 Douglas Avenue, Altamonte Springs, Florida 32714.
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ARTICLE V
REGISTERED OFFICE AND_~9~N~
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A. Walter Temple, Jr., whose address is 990 Douglas Avenue,~
Altamonte Aprings, Florida 32714, is hereby appointed the5
ini tial registered agent of the Association and the registered~
office shall be at said address. n
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ARTICLE VI
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PURPOSE AND POWERS OF THE_A~~Q~IArlQN
The Association shall not pay dividends and no part of any
income of the Associ ation shall be di stributed to its Members,
directors or officers. The Association is formed to provide for,
among other things, the improvement, maintenance, preservation
and architectural control of The Properties and to promote the
recreation, health, safety and welfare of the Owners. The
Association shall have all the powers of a nonprofit corporation
organized under the laws of the State of Florida, subject only to
such limitations upon the exercise of such powers as are express-
ly set forth in these Articles, the Bylaws, or the Declaration.
The Association shall have the power and duty to do any and all
lawful things which may be authorized, assigned, required or
permitted to be done by the Declaration, any Supplemental Decla-
ration, these Articles and the Bylaws, and to do and perform any
and all acts which may be necessary or proper for, or incidental
to, the exercise of any of the duties or powers of the Associa-
tion for the benefi t of the Owners and for the maintenance,
administration and improvement of The Properties, Areas of Common
Responsibility and Common Property within its jurisdiction.
Unless otherwise specifically prohibited, any and all functions,
duties and powers of the Association shall be fully transferable,
in whole or in part, to any developer, management agent, govern-
mental uni t, public body, or simi lar enti ty. Any instrument
effecting such a transfer shall specify the duration thereof and
the means of revocation.
ARTICLE VII
MEMBERSHIP
Each Owner, including the Declarant, shall be a Member of
the Association. Any person or entity who holds any interest
merely as a security for the performance of any obligation shall
not be a Member. The Association membership of each Owner shall
be appurtenant to the Uni t giving rise to such membership, and
shall not be transferred except upon the transfer of ti tIe to
said Unit and then only to the transferee of title thereto. Any
prohibi ted separate transEer shall be void. Any transfer of
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ti tIe shall operate automatically to transfer the membership in
the Association appurtenant thereto to the new Owner thereof.
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(a) Class "A". Class "A" Members shall be all Owners
of Units, with the exception of the Declarant. Class "A" Members
shall be entitled on all issues to one (1) vote for each Unit in
which they hold the interest required for membership.
VOTING RIGHTS
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ARTICLE VIII
8.1 Voting Rights. The Association shall have two
classes of voting membership:
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(b) Class "B". The Class "B" Members shall be the
Declarant and any successor of the Declarant who takes ti tIe to
more than one (1) Unit for the purpose of development and sale
and to whom Declarant assigns in writing one or more of the Class
"B" votes. Upon the execution of this Declaration, the Class "B"
Members shall have an aggregate of two hundred ten (210) Class
"B" votes. Thereafter, the number of Class "B" votes shall be
reduced by one (1) vote for each Class "A" vote from time to time
existing in the Association, which Class "A" votes shall arise
upon conveyance of title to a Unit by the Declarant to a
non-Class "B" Member. The Class "B" membership shall terminate
and become converted to Class "A" membership upon the happening
of the earlier of the following:
(i) When the total number of outstanding Class
"A" votes in the Association equals at least sixty-nine (69); or
(ii) Twenty (20) years from the date of recording
the Declaration; or
(iii) When, in its discretion, the Declarant so
determines.
From and after the happening of anyone of these events, the
Declarant shall call a meeting 8.S provided in the Bylaws for
special meetings to advise the Association membership of the
termination of Class "B" status.
The Class "B" Members shall cast on all issues their votes
as they among themselves determine. It shall be permitted for
the Declarant to retain and to cast all Class "B" votes, and
Declarant shall remain a Class "B" Member and shall be entitled
to cast all of the Class "B" votes he retains on any issue
regardless as to whether Declarant at such time owns a Unit.
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8.2 Declarant Veto Power. From and after the termination of
the Class "B" membership, the Declarant shall have a veto power
over all actions of the Association and the Board of Directors of
the Association. This power shall expire when the Class "A~'
vote, other than that held by the Declarant, equals ninety
percent (90%) of the total membership vote of the Association, or~
December 31, 2018, whichever occurs first. The veto shall be ~
exercised as follows: 0
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No action authorized by the Association or the Board of
Directors shall become effective, nor shall any action, policy or ~1
program be implemented, until and unless: r
(i) The Declarant shall have been given written noti~e
of each meeting of the Members and of the Board of Directors by
certified mail, return receipt requested or by personal delivery,
at the address it has registered from time to time with the
Secretary of the Association, which notice otherwise complies
with the terms of the Bylaws as to regular and special meetings
of the Members and Board of Directors, and which notice shall set
forth with reasonable particularity the agenda to be followed at
said meeting; and
(ii) The Declarant shall have been given the opportuni-
ty at each such meeting, if Declarant so desires, to join in, or
to have its representatives or agents join in, discussion of any
prospective action, policy, or program to be implemented by the
Board or the Association. The Declarant and its representatives
or agents may make its concerns and suggestions known to the
Members of the Association or of the Board. At such meeting the
Declarant shall have, and is hereby granted, a veto power over
any such action, policy or program authorized by the Board of
D1 rectors, the Associ a tion officers, or Associ ation membership,
and to be taken by said Board, the officers or agents of the
Association, or any individual Member of the Association (if
Association or Board approval is necessary for said Member's
action) . Except as set forth in subsection (i i i) below, the
Declarant veto must be exercised by the Declarant, its represen-
tatives, or agents at or before the meeting to consider proposed
action. The veto power shall not include the authority to
require any affirmative action on behalf of the Board or the
Association; and
(iii) If any action, policy or program is to be imple-
mented by prior consent without the formality of a meeting, then
the Declarant shall be provided a written notice and description
of the proposed action, policy or program at least ten (10) days
in advance of such implementation, and .the Declarant shall have
ten (10) days after receipt of such notice to exercise its veto.
8.3 Multiple Owners. Each vote in the Association must be
cast as a single vote, and fractional votes shall not be allowed.
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In the event that joint or multiple Owners are unable to agree
among themselves as to how their vote or votes shall be cast,
they shall lose their right to vote on the mHtter in question. If
any Owner or Owners cast a vote on behalf of a particular Unit,
it shall thereafter be conclusively presumed for all purposes
that he was or they were acting with the authority and consent of
all other Owners thereof. In the event more than the appropriate
number of votes are cast for a particular Uni t, none of said ~
votes shall be counted and said votes shall be deemed void. ~
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ARTICLE IX 8
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board
of three (3) directors who need not be Members. The initial
Board shall be comprised of three (3) people, but may be enlarged
to as many as nine (9) people by amendment to these Articles;
provided that there shall always be an odd number of director-
ships created. Anything in these Articles to the contrary
notwithstanding, until such time as the Declarant has conveyed to
purchasers not affiliated with the Declarant all lands which are
subject to potential annexation pursuant to Article II, Section
2, of the Declaration, or at such earlier date as may be selected
by the Declarant, the Declarant shall be entitled to designate
the Board of Directors of the Association. The names and ad-
dresses of persons who are to act in the capacity of director
until appointment or election of their successors pursuant to
these Articles are:
Name..
Address
.,---.----- ~-- ~
A. Walter Temple, Jr.
990 Douglas Avenue, Altamonte
Springs, Florida 32714
990 Douglas Avenue, Altamonte
Springs, Florida 32714
990 Douglas Avenue, Altamonte
Springs, Florida 32714
Branimir Botic
Lisa Gilbertson
Once the Declarant relinquishes his right to appoint the
Board of Directors, the Members shall elect the directors for
staggered terms of three (3) years each. To create the staggered
terms, one post shall become vacant in one (1) year and a succes-
sor director shall be elected. The second post shall be deemed
vacant at the end of the second year, and a successor director
shall be elected. The third post shall be deemed vacant at the
end of the third year, and a successor director shall be elected.
All successor directors shall serve for terms of three (3) years
each. In the event that the number of people comprising the
Board of Directors is changed, such change in number shall be
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implemented in such a manner as to have as nearly equal in number
as possible the number of directors whose terms expire in any
given year.
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The affairs of the Association shall be administered by the~
officers designated in the Bylaws. The officers shall be elected'
by the Board of Directors at the first meeting, and they shalI
serve at the pleasure of the Board of Directors. The names and
addresses of the officers who shall serve until their successors
are designated by the Board of Directors are as follows:
OFFICERS
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President
A. Walter Temple, Jr.
990 Douglas Avenue,
Altamonte Springs,
Florida 32714
Secretary
Hella Botic
990 Douglas Avenue,
Altamonte Springs,
Florida. 32714
Treasurer
Branimir Botic
,990 Douglas Avenue,
~ltamonte Springs,
Florida 32714
ARTICLE XI
INDEl'!INIFICATION
11.1 Every director and every officer of the Association
shall be indemnified by the Association against all expenses and
liabili ties, including counsel fees, reasonably incurred by or
imposed upon him in connection with any proceeding whether civil,
criminal, administrative or investigative, or any settlement of
any proceeding, or any appeal from such proceeding to which he
may be a party or in which he may become imvolved by reason of
his being or having been a director or officer of the Associa-
tion, or having served at the Association's request as a director
or officer of any other corporation, whether or not he is a
director or officer at the time such expenses are incurred,
regardless of by whom the proceeding was brought, except in rela-
tion to matters as to which any such director or officer shall be
adjudged liable for gross negligence or willful misconduct, pro-
vided that in the event of a settlement, the indemnification
shall apply only when the Board of Directors of the Association
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approves such settlement and reimbursement as being for the best
interest of the Association. The foregoing right of indem-
nification shall be in addition to and not exclusive of all other
rights to which such director or officer may be entitled.
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11.2 Expenses incurred in defending a sui t or proceeding
whether civil, criminal, administrative or investigative may be
paid by the Association in advance of the final disposition of
such action, suitor proceeding if authorized by all of the
noninterested directors upon receipt of an undertaking by or on
behalf of the director or officer to repay such amount if i t ~
shall ultimately be determined that he is not to be indemnified
by the Association as authorized by these Articles of Incorpora-
tion.
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11.3 The Association shall have the power to purchase at its
expense and maintain insurance on behalf of any person who is or
was a di rector or officer of the Associ ation, or is or was
serving at the request of the Association as a director or
officer of another association, against any liabi Ii ty asserted
against him and incurred by him in any such capacity, or arising
out of his status as such, whether or not the Association would
have the power to indemnify him against such liability under the
provisions of these Articles.
ARTICLE XII
BYLAWS
The Bylaws of the Association shall be adopted by the Board
of Directors and may be altered, amended or rescinded in the
manner provided by the Bylaws.
ARTICLE XIII
ADDITIONAL PROPERTY
Addi tional Property may be added from time to time to the
Property in accordance with i!he Declaration. When made, the
addi tions shall extend the jurisdiction, functions, duties and
membership of the Association to such Additional Property as may
be contemplated by the Declaration.
The Association and each Member must accept as Members the
Owners of all Parcels where the instrument hereafter annexing
Additional Property to the jurisdiction of the Association
provides that the Owners of the Parcels located therein are
i.ntended to be Members of the Association and that the Associa-
tion is intended to have jurisdiction over them.
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ARTICLE XIV
AMENDMENTS
14.1 Resolution. The Board of Directors shall adopt
lution setting forth the proposed amendment and directing
be submitted to a vote at a meeting of Members, which
either the annual or a special meeting.
Amendments to these Articles of Incorporation shall be made
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14.2 Notice. Within the time and in the manner provided in
the Bylaws for the giving of notice of meetings of Members, ~rit-
ten notice setting forth the proposed amendment or a summary of
the changes to be effected thereby shall be given to each Member
of record entitled to vote thereon. If the meeting is an annual
meeting, the proposed amendment or such summary may be included
in the notice of such annual meeting.
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14.3 Vote. At such meeting, a vote of the Members entitled
to vote thereon shall be taken on the proposed amendment. The
proposed amendment shall be adopted upon receiving both the
affirmative vote of a majori ty of the votes of Members of each
class entitled to vote thereon as a class and the affirmative
vote of a majority of the votes of all Members entitled to vote
thereon.
14.4 Multiple Amendments. Any number of amendments may be
submitted to the Members and voted upon by them at one meeting.
14.5 Agreement. If all of the Directors and either (1) all
of the Members eligible to vote; or (2) the Declarant if he
holds greater than fifty percent (50%) of the votes, sign a
written statement manifesting their intention that an amendment
to these Articles be adopted, then the amendment shall thereby be
adopted as though subsections 14.1 through 14.3 had been sati s-
fied.
14.6 Action Without Directors. The Members may amend these
Articles without an act of the directors at a meeting for which
notice of the changes to be made are given.
14.7 Limitations. No amendment shall make any changes in
the qualifications for Members nor the voting rights of Members
without approval in writing by all Members. No amendment shall
be made that is in conflict with the Declaration. So long as the
Declarant shall own any lands which are subject to potential
annexation, no Declarant related amendment shall be made to the
Declaration, any Supplemental Declaration, or to the Articles or
Bylaws of the Association unless such amendment is first approved
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in writing by the Declarant. Any amendment shall be deemed to be
Declarant related if it does any of the following:
(i) directly or indirectly by its provisions or in
practical application relates to the Declarant in a manner dif-
ferent from the manner in which it relates to other owners;
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of the Declaration in a manner which alters
rights or status;
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provided for by Article I I I of -the Declaration or affects or
modifies in any manner whatsoever the rights of Declarant as a
Member of the Association;
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(v) alters any previously recorded or wri tten agree-
ment with any public or quasi-public agencies, utility company,
political subdivision, public authorities or other similar
agencies or bodies, respecting zoning, streets, roads , drives,
easements or facilities.
(vi) denies the right of the Declarant to convey to the
Association Common Property;
(vii) modifies the basis or manner of assessment as
applicable to the Declarant or any lands owned by the Declarant;
(viii) alters or repeals any of the Declarant's rights or
any provision applicable to the Declarant' s rights as provided
for by any such provision of the Declaration or any Supplemental
Declaration.
14.8 Fili~g. A copy of each amendment shall be certified by
the Secretary of State, State of Florida, and be recorded in the
Public Records of Seminole County, Florida.
ARTICLE XV
SUBSCRIBER
.---.-------
The name and address of the Subscriber to these Articles of
Incorporation are as follows:
Name
Address
-------- "----
A. Walter Temple, Jr.
990 Douglas Avenue
Altamonte Springs,
Florida, 32714
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ARTICLE XVI
NONSTOCK CORPORATION
The Association is organized on a nonstock basis and shall
not issue shares of stock evidencing membership in the Associa-
tion; provided, however, that membership in the Association may
be evidenced by a certificate of membership which shall contain a
statement that the Association is a corporation not for profit.
IN WITNESS WHEREOF, the undersigned Subscriber has
these presents to be executed as of the ___ day of
1988.
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Signed, sealed and delivered
in the presence of:
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By: ______
A. Walter Temple, Jr.
STATE OF FLORIDA )
)SS:
COUNTY OF )
I HEREBY CERTIFY that on thi s day, before me, an officer
duly authorized in the State and County aforesaid to take
aknowledgments, personally appeared A. Walter Temple, Jr., the
subscriber described in the foregoing Articles of Incorporation,
and he acknowledged and swore to the execution of the said
Articles of Incorporation for the purposes therein expressed.
WITNESS my hand and official seal in the County and state
last aforesaid this day of 1988.
NOTARY PUBLIC
state of Florida at Large
(NOTARIAL SEAL)
My Commission Expires:
(046jWP4157)
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CERTIFICATE DESIGNATING REGISTERED AGENT FOR
SERVICE OF PROCESS
Pursuant to Chapters 48 and 617, Florida Statutes, the
following is submitted in compliance with said Acts.
BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC., desiring to
organize as a corporation under the laws of the State of Florida,
with its registered office at 990 Douglas Avenue, Altamonte
Springs, Florida 32714, has named A. Walter Temple, Jr., located
at the above-registered office, as its Registered Agent to accept
service of process within this State.
ACKNOWLEDGMENT:
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Having been named to accept service of process for th~,
above-stated corporation at the place designated in this
Certificate, I hereby accept to act in this capacity and agre€ to
comply with the provisions of said Acts relative to keeping open
said office.
A. Walter Temple, Jr.
Registered Agent
Dated: ______________~___, 1988
(046jWP4157)
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EXHIBIT A
TO BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC.
ARTICLES OF INCORPORATION
"PHASE ONE PROPERTY"
That part of Section 7, Township 21 South, Range 31 East, City of
Winter Springs, Semin91e County, Florida. being more particularly
described as follows:
From the Northeas; corner of Winter Springs. Unit 3. a8 recorded
in Plat Book 17, Pages 89 and 90, Public Records of Seminole
County, Florida; run N 87051'00" E along an Easterly extension of
the North li ne of said Winter Spri ngs Uni t 3, a di stance of
395.67 feet to a point on the East easement line of a Florida
Po....er and Light Easement recorded in Official Record Book 183.
Page 130, Public Records of Seminole County. Florida; run thence
N 31045'52" W for a distance of 3674.63 feet; thence East 1426.66
feet to the centerline of Ho....ell Creek: run thence Northerly
along said centerline of Ho....ell Creek the follo....ing courses: run
N 14031'15" E for a distance of 103.24 feet: thence run N
40031'18" E for a distance of 53.38 feet; thence N 06008'17" E
for a distance of 107.86 feet: thence run N 64020'12" E for a
distance of 107.70 feet: thence run N 13025'05" W for a distance
of 160.26 feet; thence run N 21036'48" W for a distance of 84.60
feet; thence run N 24028'06" E for a distance of 51.90 feet:
thence run N 06002'13" E for a distance of 79.25 feet; thence run
S 42023'31" E for a distance of 73.29 feet; thence run N
18047'34" E for a distance of 21.66 feet; thence leaving
aforesaid centerline of Ho....ell Creek run the follo....ing courses:
run S 69018'41" E for a distance of 383.72 feet; thence run 5
87037'08" E for a distance of 484.86 feet to a point on the
Westerly Right-of-Way line of proposed Greenbriar Lane (60' R/W),
said point being on a curve concave Easterly and having a radius
of 626.89 feet, thence from a tangent bearing of S 22030'36" W,
run Southerly along the arc of said curve and said Westerly
right-of-....ay line 239.42 feet through a central angle of
21052' 56" to the point of tangency; thence continue Southerly
along said Westerly right-of-....ay line the follo....ing courses: Run
S 00037'40" W for a distance of 346.49 feet to the POINT OF
BEGINNING. said point also being the point of curvature of ·
curve concave Westerly and having a radius of 1572.82 feet a
chord bearing of S 11026'15" W; thence run Soutehrly along the
arc of said curve 593.47 feet through a central angle of
21037'10" to a point; thence run S 21049'28"W for a distance of
346.24 feet to the point of curvature of a curve concave Easterly
and having a radius of 1395.11 feet; thence run Soutehrly along
the arc of said curve 216.62 feet through a central angle of
08053'47" to a point; thence leaving said Westerly right-of-....ay
line, run S 86015'10" W for a distance of 153.49 feet; thence run
N 03043'12" W for a distance of 244.69 feet; thence N 40022'19" W
for a distance of 310,63 feet; thence N 64051'04" E for a
distance of 134.93 feet; thence N 31050'43" E for a distance of
146.50 feet; thence N 15031'52" W for a distance of 104.91 feet;
thence N 74028'08" E for a distance of 102.32 feet; thence N
67053'29" E for a distance of 129.46 feet; thence S 73037'28" E
for a distance of 47.44 feet; thence N 82031'35" E for a distance
of 117.51 feet; thence run N 19045'51" W for a distance of 134.39
feet; thence run N 41015'17" W for a distance of 136.01 feet;
thence run N 82017'31" E for a distance of 136.01 feet; thence
run N 82017'31" E for a distance of 113.53 feet; thence N
76018'42" E for a distance of 134.15 feet; thence run S 86032'15"
E for a distance of 20.96 feet to the Point of Beginning.
Containing 7.714 acres more or less.
(R:831\D2024)
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BYLAWS
OF
BENTLEY GREEN HOMEOWNERS ASSOCIATION, INC.
A NONPROFIT CORPORATION
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Definitions. When used in these Bylaws, the terms:
in Article III of the Articles of Incorporation of the
Green Homeowners Association, Inc. ("the Articles") s~all
same meanings as in the Articles.
2. Identity. These are the Bylaws of BENTLEY GREEN HOME-
OWNERS ASSOCIATION, INC., a corporation not for profit organized
pursuant to Chapter 617, Florida Statutes (the "Association").
2.1 Office.
located at 990 Douglas
or at such other place
the Board of Directors.
The office of the Association shall be
Avenue, Altamonte Springs, Florida 32714,
as may be designated from time to time by
2.2 Fiscal Year.
----
shall be the calendar year.
The fiscal year of the Association
2.3 Seal. The seal of the Association shall bear the
name of the corporation, the word, "Florida", the words, "Corpo-
ration not for profit", and the year of incorporation.
3. Members.
3.1 Qualification. The Members of the Association
shall consist of every Owner, including the Declarant, and in the
case of multiple Owners, every group of record Owners, of Parcels
in The Properties. The foregoing is not intended to include per-
sons or entities who hold an interest merely as security for per-
formance of an obligation. Membership shall be appurtenant to
and may not be separated from ownership of the Unit.
3.2 Change of Membership. Change of membership in the
Association shall be established by recording in the Public
Records of Seminole County, Florida, a deed or other instrument
establishing record title to a Unit under the jurisdiction of the
Association. The Owner designated as grantee by such instrument
thus becomes a Member of the Association and the membership of
the prior Owner is terminated. The new Owner shall notify the
Association of such property transfer and furnish the Association
a copy of the recorded deed, the new Owner's address, and the
Owner's local agent, if any, in the event the Owner is located
outside the State of Florida. Any notice requirements set out in
these Bylaws and in the Articles shall be deemed to be complied
wi th if notice to an Owner is directed to the address of said
Owner as then reflected in the Association's records.
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3.3 Voting Rights. Voting rights of each Member of
the Association shall be as set forth in the Declaration and the
Articles, and the manner of exercising such voting rights shall
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3.4 Designation of Voting Representative. I f a Uni t
is owned by one person or enti ty, its rights to vote shall be
established by the record title to the Unit. If a Unit is owned
by more than one person or entity, the person entitled to cast ;2
the votes for the Uni t shall be designated by a certificate
signed by all of the record Owners of the Unit and filed with the
Secretary of the Association. If a Unit is owned by a general or
limi ted partnership, the person enti tIed to cast the votes for
the Unit shall be designated by a certificate of appointment
signed by one of the general partners and filed with the Secre-
tary of the Association. If a Unit is owned by a corporation,
the person entitled to cast the votes for the Unit shall be
designated by a certificate of appointment signed by the Presi-
dent or Vice President of the corporation and filed with the
Secretary of the Association. If a Unit is owned in trust, the
person enti tled to vote for the Unit shall be designated by a
certificate of appointment signed by the trustee of record for
the trust and filed with the Secretary of the Association. Such
certificates shall be valid until revoked or until superseded by
a subsequent certificate or until a change in the ownership of
the Unit concerned. A certificate designating the person enti-
tled to cast the votes of a Unit may be revoked in writing by any
Owner thereof. Provided, however, that no Uni t shall vote in
excess of the voting rights allocated to that Unit pursuant to
the Declaration.
3.5 Approval or Disapproval of Matters. Whenever the
decision of an Owner is required upon any matter, whether or not
the subject of an Association meeting, such decision shall be
expressed by the same person who would cast the votes of such
Owner if at an Association meeting, unless the joinder of record
Owners is specifically required by the Declaration, the Articles,
or by these Bylaws.
3.6 Restraint Upon Assignmel)t__9f _Shares__~!L~E-sets.
The share of a Member in the funds and assets of the Association
cannot be assigned, hypothecated or transferred in any manner
except as an appurtenance to that Owner's Unit.
4. Members' Meetings.
4. 1 Annual Members' M~et:U1~. The annual Members'
meeting shall be held at the office of the Association at 5: 00
P.M., on the fifteenth of November of each year for the purpose
of appointing Directors and of transacting any other business
authorized to be transacted by the members; provided, however, if
that day is a legal or religious holiday, the meeting shall be
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held at the same hour on the next day which is not a legal or
religious holiday. Provided, the Board of Directors shall have
the discretion to hold the annual meeting at any other time
during the month of November which they may deem to be more
convenient to the Members of the Association.
4.2 Special Members' Meetinqs. Special meetings
the Members may be called by anyone of the following persons
groups:
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(a) The Board of Directors, or
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of all of the votes entitled to be voted at the meeting. ~)
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4.3 Notice of All Meetings of Members. Written notice
stating the place, day, and hour of the meeting and, in the case
of a special meeting, the purpose or purposes for which the
meeting is called shall be delivered to each Member entitled to
vote at such meeting not less than ten (10) or more than sixty
(60) days before the date of the meeting, either personally or by
first-class mail, by or at the direction of the President, the
Secretary, or the officer or persons calling the meeting. If the
notice is mailed at least thirty (30) days before the date of the
meeting, it may be done by a class of United States mail other
than first class. If mailed, such notice shall be deemed to be
delivered when deposited in the United States mail addressed to
the Member at its address as it appears on the books of the
Association, with postage thereon prepaid.
4.4 Quorum. A quorum at Members' meetings shall con-
sist of a majori ty of all votes in the Association, whether
represented in person or by proxy. If a quorum is present, the
affirmative vote of a majority of votes represented at a meeting
and entitled to vote on the subject matter shall constitute the
acts of the Members, except when approval by a greater number of
Members is required by the Declaration, a Supplemental Declara-
tion, these Bylaws or the Articles. When a specified item of
business is required to be voted upon by a particular class of
Members, a majority of the votes of such class of Members shall
constitute a quorum for the transaction of such item of business
by that class. After a quorum has been established at a Members'
meeting, the subsequent withdrawal of Members so as to reduce the
number of votes at the meeting below the number required for a
quorum shall not affect the validity of any action taken at the
meeting or any adjournment thereof.
4.5 Proxies. Every Member enti tIed -to vote at a
meeting of Members or to express consent or di ssent without a
meeting, or his duly authorized attorney-in-fact, may authorize
another person or persons to act for him by proxy. Every proxy
must be signed by the Member or his attorney-in--fact. No proxy
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shall be valid after the expiration of eleven (11) months from
the date thereof unless otherwise provided in the proxy. Every
proxy shall be revocable at the pleasure of the Member executing
it and shall expire upon the transfer of title to the Unit giving ""
rise to the voting rights to which the proxy pertains. The
authority of the holder of a proxy to act shall not be revoked by~
the incompetence or death of the Member who executed the proxy;~
unless, before the authority is exercised, written notice of an~
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adjudication of such incompetence or of such death is received bym
the Association officer responsible for maintaining the list of 8
Members. ~
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4.6 Ad i ourned Meetings. When a meeting is adj ourned
to another time or place, it shall not be necessary to give any
notice of the adjourned meeting if the time and place to which
the meeting is adjourned are announced at the meeting at which
the adjournment is taken, and any business may be transacted at
the adjourned meeting that might have been transacted on the ori-
ginal date of the meeting. If, however, after the adj ournment
the Board fixes a new record date for the adj ourned meeting, a
notice of the adjourned meeting shall be given in compliance with
these Bylaws to each Member on the new record date enti tIed to
vote at such meeting.
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4.7 Order of Business. The order of
annual Members' meetings, and as far as practical
Members' meetings, shall be:
business at
at all other
ies.
(a) Calling of the roll and certifying of prox-
(b) Proof of notice of meeting or waiver of
notice.
minutes.
(c) Reading and disposal of any unapproved
(d) Reports of officers.
(e) Reports of Committees.
(f) Appointment of Directors.
(g) Appointment of Nominating Committee.
(h) Unfinished business.
(i) New business.
(j) Adjournment.
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4.8 Minutes of Meetings. The Association shall main-
tain minutes of each meeting of the membership and of the Board
of Directors in a businesslike manner. The minutes shall be kept.
in a book available for inspection by Members or their authorized~
representati ves at any reasonable time. The Association shall ~
retain these minutes for a period of not less than seven (7):i
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Board of Directors.
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5.1 NU!!1her. The affairs of the Association shall be'
managed by a Board of not less than three (3) nor more than nine
(9) Directors. The initial Board shall be comprised of three (3)
Directors. The number of Directors may be increased from time to
time by amendment to the Articles to a maximum of nine (9)
Directors; provided, however, the established number of Directors
shall always be an odd number. In the event that the number of
Directors is changed, such change in number shall be implemented
in such a manner as to have as nearly equal in number as possible
the number of Di rectors whose terms expi re in any given year.
Anything in these Bylaws to the contrary notwithstanding, until
such time as Declarant has conveyed to purchasers not affiliated
with the Declarant all lands which are subject to potential
annexation pursuant to Article II, Section 2, of the Declaration,
or at such earlier date as may be selected by the Declarant, the
Declarant shall be entitled to designate the Board of Directors
of the Association.
5.2 Term of Office. Once the Declarant has relin-
quished the power to designate the Board of Directors, the
Members shall elect the Directors for staggered terms of three
(3) years each, as provided in the Articles. Each Director shall
hold office for the term for which he is elected and until his
successor shall have been elected and qualified or until his
earlier resignation, removal from office or death.
5.3 Removal. Except for the Declarant-appointed
Directors who may only be removed by the Declarant, any Director
may be removed from the Board, with or without cause, by a
majority vote of the Members of each class. In the event of the
death, resignation or removal of a Director, his successor shall
be selected by the remaining Directors and shall serve for the
unexpired term of his predecessor.
5.4 Directors' Fees. Directors shall serve without
compensation or fees; provided, however, nothing herein shall be
deemed to prevent reimbursement of out-of-pocket expenses ap-
proved by the Board and incurred on behalf of the Association.
5.5 Election. Except for Declarant-appointed
Directors, election to the Board of Directors shall be by written
ballot as hereinafter provided. At such election, the Members or
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their proxies may cast, in respect of each vacancy, as many votes
as they are enti tIed to exercise under the provisions of the
Articles. The names receiving the largest number of votes
(without regard to class) for each vacancy shall be elected.
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5.6 Nominations. Nominations for election to the~
Directors shall be made by a Nominating Committee which;;:
one of the standing committees of the Association. ~
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5.7 Nominating Committee. The Nominating Committee~
shall consist of a Chairman, who shall be a Director, and two or~
more Members of the Association. The Nominating Committee shall'
be appointed by the Board of Directors prior to each annual
meeting of the Members to serve from the close of such annual
meeting until the close of the next annual meeting and such
appointment shall be announced at each such annual meeting.
Board of
shall be
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5.8 Duties of Nominating Committee. The Nominating
Commi ttee shall make as many nominations for election to the
Board of Directors as it shall in its discretion determine, but
not less than the number of vacancies that are to be filled. Such
nominations may be made from among Members or officers, Directors
or agents of the Declarant, as the Committee in its discretion
shall determine. Separate nominations shall be made for each
vacancy to be filled. Nominations shall be placed on a written
ballot as provided in Section 5.9 and shall be made in advance of
the time fixed in Section 5.9 for the mailing of such ballots to
Members.
5.9 Ballots. All elections to the Board of Directors
shall be made on written ballot which shall: (a) describe the
vacancies to be filled; (b) set forth the names of those nomi-
nated by the Nominating Committee for each such vacancy; and (c)
contain a space for a write-in vote by the Members for each
vacancy. Such ballots shall be prepared and mailed by the
Secretary to the Members at least fourteen (14) days in advance
of the date set forth therein for a return (which shall be a date
not later than the day before the meeting at which the vote is to
be taken).
5.10 Number of Ballots. Each Member shall receive as
many ballots as it has votes. Notwithstanding that a Member may
be entitled to several votes, it shall exercise on anyone ballot
only one vote for each vacancy shown thereon. The completed
ballots shall be returned as follows: Each ballot shall be
placed in a sealed envelope marked "Ballot" but not marked in any
other way. Each such "Ballot" envelope shall contain only one
ballot, and the Members shall be advised that, because of the
verification procedures of Section 5.11, the inclusion of more
than one ballot in anyone "Ballot" envelope shall disqualify the
return. Such "Ballot" envelope, or envelopes (if the Member or
his proxy is exercising more than one vote), shall be placed in
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another sealed envelope which shall bear on its face the name and
signature of the Member or his proxy, the number of ballots being
returned, and such other information as the Board of Directors
may determine will serve to establish his right to cast the vote
or votes presented in the "Ballot" or "Ballots" contained there-
in. The ballots shall be returned to the Secretary at the
address of the Association. ~
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5.11 Election Committee; Counting of Ballots. Up~
receipt of each return, the Secretary shall immediately place i~
in a safe or other locked place until the day set for the meetitiq
at which the elections are to be held. On that day, the unopeneo
external envelopes containing the "Ballot" envelopes shall be
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turned over to an Election Committee which shall consist of three
(3) Members appointed by the Board of Directors. The Election
Committee shall then:
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(a) establi sh that external envelopes were not
previously opened or tampered with in any way; and
(b) open the external envelopes to establish that
the number of envelopes therein marked "BAllot" corresponds to
the number of votes allowed to the Member or his proxy identified
on the external envelope; and
(c) confirm that the signature of the Member or
his proxy on the outside envelope appears genuine; and
(d) if, the vote is by proxy, determine that a
proxy has been filed with the Secretary.
Such procedure shall be taken in such manner that the vote of any
Member or his proxy shall not be disclosed to anyone, even the
Election Committee.
The opened external envelopes shall thereupon be placed in a
safe or other locked place and the Election Committee shall
proceed to the opening of the "Ballot" envelopes and the counting
of the votes. If any "Ballot" envelope is found to contain more
than one ballot, all such ballots shall be disqualified and shall
not be counted. Ballots shall be retained for such period of
time after the election as shall be deemed prudent by the Board
of Directors.
6. Meetings of Directors.
6.1 Regular Meetings. Regular meetings of the Board
of Directors shall be held at least quarterly without notice at
such place and hour as may be fixed from time to time by resolu-
tion of the Board. If the day for such regular meeting is a
legal holiday, then the meeting shall be held at the same time on
the next day that is not a legal holiday. Notice of such regular
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meeting is hereby dispensed with. Regular meetings of the Board
of Directors shall be open to the Members.
6.2 ~ecial Meetings. Special meetings of the Direc-
tors may be called by the Chairman of the Board, by the President
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MORTGAGEE'S CONSENT TO DECLARATION
(BENTLEY GREEN)
KNOWN ALL MEN BY THESE PRESENTS:
THAT HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally
chartered savings and loan association, whose address is
625 Broadway San Diego, CA 92101 , hereinafter
referred to as "Mortgagee," the owner and holder of a Mortgage
dated June 30, 1987, granted by A. WALTER TEMPLE, JR., Trustee,
recorded in Official Records Book 1864, Page 0833, of the Public
Records of Seminole County, Florida, and encumbering the lands
described on the plat of Bentley Green Unit I, according to the
plat thereof as recorded in Plat Book ~, Pages ~to_ ~,
of the Public Records of Seminole County, Florida, does hereby
consent to the foregoing Bentley Green Declaration of Covenants,
Conditions and Restrictions dated May 22 , 198~, and
Mortgagee agrees that, in the event of foreclosure, deed in lieu
of foreclosure or other proceeding relating to enforcement of
Mortgagee's rights under the aforementioned Mortgage and Note
thereby secured, the terms of the Declaration of Covenants,
Conditions and Restrictions shall remain in full force and effect
as if same had been entered into and recorded prior to the
recording of the above-described Mortgage.
IN WITNESS WHEREOF, Mortgagee has caused these presents to
be executed by its corporate officer hereunto duly authorized as
of the 12th day of October , 19811.
Signed, sealed and delivered
in the presence of:
HOME FEDERAL SAVINGS AND LOAN
ASSOCIATION
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BY:~~--
Name: -Eatricia M. Burke
Tit Ie: -.Senior Vice President
(SEAL)
STATE OF Virginia )
)SS:
COUNTY OF Arlington )
I HEREBY CERTIFY that on this day. before me, an officer
duly authorized in the State and County aforesaid to take ac-
knowledgments, personally appeared ~~tI~aji~udke ,
well known to me to be the -.Senior Vice Presid.~ of the
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association named as Mortgagee herein, and that she acknowledged
executing the same in the presence of two subscribing witnesses
freely and voluntari ly under authori ty duly vested in her by
said association and that the seal affixed thereto is the true
corporate seal of said association.
WITNESS my hand and official seal
last aforesaid this 12th day of OctohPr
in the County and State
, 198...8.
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NOTARY P IC ~,.' . '~" .....
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(G:046jWP2278)
MARY K. QUATTRO
NOTARY PUBLIC'
COM~~'C'~\Ofl"l eXPIRES MAY 18, 1991
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DEVELOPER' S_~QNSENT AND APP~9VA~_TO DEC_LARA'J'IO~
(BENTLEY GREEN)
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THAT WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida?
general partnership, whose address is 1.301 (-t.)/^-.) rc,,':.. <')(7,':7(..)(>'::;, i5c ~.:L~
Lu\}..) 1~ e L:;PRI^,~d:;,' f'L:..-- 2;'~J7()'b , hereinafter referred to as'
"Developer," the assignee of the Developer under that certain
Declaration of Covenants and Restrictions (the "Original Declara-
tion") dated June 30, 1987, recorded in Official Records. Book
1864, Page 0803, of the Public Records of Seminole County,
Florida, and encumbering the lands described on the plat of
Bentley Green Unit I, according to the plat thereof as recorded
in Plat Book ~, Pages ~ to ~, of the Public Records of
Seminole County, Florida, does hereby consent to and approve the
foregoing Bentley Green Declaration of Covenants, Conditions and
Restrictions (the "Bentley Green Declaration") dated
May 22 , 198Y, as required by Section 15 of the Original
Declaration.
KNOWN ALL MEN BY THESE PRESENTS:
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IN WITNESS WHEREOF, Developer has caused these presents to
be executed by its cosporate officers Dereunto duly authorized as
of the /y-Ico day of ~+{)b--€--r ,198f
Signed, sealed and delivered
in the presence of:
()CVC.1-0PI'1~to.I"'T"
WINTER SPRINGS^JOINT VENTURE
By:
Gulfstream Housing Corp.,
a Delaware corporation, a
joint . ~tur() (l;,k
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(CORPORA'J;E;' :tstd'!J:j'~',
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By: Home Capi tal Corporatio~ <:::).
a California corporatio~ ~
a joint venturer a
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Name: ~'U7~_~~J.b_---!:"_ c.n
Tit 1 e : -.-f3-'l:JL-cfLll4A~~_____
/' ~K. CORPORATE S~AL)
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I HEREBY CERTIFY that on this day, before me, an ~ff1,c~.r"'"
duly authorized in the State and countr. .afores'Jid-::;,to take ac-
knowledgments, personally appE;are4,,__2biji.~_--LL_D.i(-is~_,
well known to me to be the JLif!.LJ'LJ?.s"~ of Gulfttream
Housing Corp., the joint venturer of the Developer named herein,
and that ~ acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
duly vested in ~ by said corporation and that the seal affixed
thereto is the true corporate seal of said corporation.
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STATE OF FLaK-T))/\.)
)SS:
COUNTY OF 07cPt I\JG()
WITNESS my hand jl,I].d
last aforesaid this J~
official seal in the Count v and State
day of Oc.+obex-, 198_. ~
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N T Y B,L / /
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f}~':;;-:~':'-::;J "tHr;::JL'Gl1 t\l~'Jn;)~)KIM/'.~'!krr(.,;,.t -:tf'...:& :. . ..... '.,
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STATE OF ~~~~ )
)SS:
COUNTY OF -B ,... ~ ~..( )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take ac-
knowledgments, personally ~peared -_C-'1.I!!.~Le__G"'~fIl_.s.._kL__,
well known to me to be the uod-!!t--G.::/------I1-4--'L~"t-e_~ of Home Capi tal
Corporatio;:1 . the joint venturer of the DeveLoper named herein,
and that ~acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
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duly vested in ~ by said corporation and that the seal affixed
thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State
last aforesaid thi s -2..0 day of ~e-+o J Q,.. , 198_.
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(G:046jWP2278)
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NOTMY PUBUC STATE OF FLORIDA I,. STI\1~" C
HY cmlHIsSTON DP SEPT 17.1991 . ~ -..s
BONDED nlRu GEHERAL IilS. U~ID. ~
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STATE OF ~JT- )
COUNTY O~~
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
~th~~a~~ty aforesaid to take acknowledgments, personally appeared
1&/1. " ifIZ- of Home Capital Corporation, the joint venturer of the
Developer named hereln, and that ~ acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly
vested in yUp. by said corporation and that the seal affixed thereto is
the true corporate seal of said corporation.
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WI~ESS my ~and an~fficial seal in the County and State last aforesaid this
dO day of ~~ , 1988.
OFFICIAL SEAl_ --
CAROL ANN RICE
NOTARY PUBLIC. CALIFORNiA
SAN DIEGO COUNTY
My ComlT!. El(pires JUM 5, 1990
~~a#Y~
NOTARY PUB IC
My Commission Expires:
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~\Isr'ER SPRIr-JG...S; FL 3'4(1 at
SUPPLEMENTAL DECLARATION OF
COVENANTS, CONDITION~_~ND-B~ST~)CT~Q~~
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THIS SUPPLEMENTAL DECLARATION OF COVENANTS. CONDITIONS A~
RESTRICTIONS. made this 2..:,Di day of Au<i.usf 1990. by A. WALTER;
TEMPLE. JR.. TRUSTEE ("Temple") and BENTLEY GREEN JOINT VENTUR~
I. a Florida general partnership ("Bentley"). IT'I
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WIT N E SSE T H:
WHEREAS. Temple recorded that certain Bentley Green Declara-
tion of CovenRnts, Conditions and Restrictions dated May 22, 1989
in Official Records Book 2071. Page 380 of the Public Records of
Seminole County. Florida (the "Declaration"); and
WHEREAS. Temple assigned to Bentley certain rights as
Declarant to the Declaration in that certain Warranty Deed
recorded in Official Records Book 2072, Page 129 of the Public
Records of Seminole County. Florida; and
WHEREAS. the Declaration provides that Additional Properties
can be brought wi thin the scheme of the Declaration by the
Declarant; and
WHEREAS. Temple owns certain real property (the "Bentley
Club Property"). more particularly described on Exhibi,~~A"
attached hereto. which Temple and Bentley desire to bring within
the scheme of the Declaration.
NOW, THEREFORE,
themselves and their
and state as follows:
Bentley (as Declarant)
successors and assigns.
and Temple. for
do hereby declare
cs
~ 1 Add~t~onal ProQertv The Bentley Club Property is
. ~ herebY'brOUgh~ ~ithin the -sch~me of the Declaration, as provided
~ in Article II. Section 2 of the Declaration. This Supplemental
~:::7- Declaration is made for the purpose of annexing the Bentley Club
~rr~ Property, as Additional Property. to the scheme of the Declara-
I ~ __tion and extending the jurisdiction of the Association (as
f c:i ~defined in the Declaration) to the Bentley Club Property.
C1 ~ 2. ~~tbacks. Article IX, Section 23 of the Declaration is
.~hereby deleted. as to the Bentley Club Property only, and
iJ.~ replaced wi th the following:
? PI Section 2:3. Setbacks. In addition to any setback require-
~ . ~ ments of the City of Winter Springs, Florida. any bUilding
'.:)-..:::i ' )" structure located on any Unit shall not be located any
y c-o") nearer than a minimum of fifteen (15) feet from the front or
3 - 3 rear property lines. a minimum of three (3) feet on side lot
:::-'l -- lines prOViding all bUilding structures are no nearer than a
~ minimum of ten (10) feet from any bui lcling structure on any
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side adjoining Unit, one hundred (100) feet from the
centerline of Howell Creek, twenty (20) feet from any golf
course or country club property, and twenty (20) feet from
any retention or detention ponds or the existing golf course
pond. The ARB may, however, in its reasonable discretion,
require setbacks as to any Unit up to twenty (20) feet from
the front or rear property lines, up to seven and one-hal~
(7.5) feet on side lot lines, and with the provision that!
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all building structures are no nearer than up to flfteea:
(15) feet from any building structure on any side adjoinirt~
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3. House Square footag~. As to the "Addi tional Property~
only, each residential dwelling built upon any Unit shall have at
least one thousand nine hundred (1,900) square feet of indoor
floor area, exclusive of porches, garages and any
unairconditioned or unheated space.
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4. Unit Landscaping. As to the "Additional Property" only,
Article X of the Declaration shall not be applicable. Each Unit
owner in the Bentley Club Property shall be fully responsible for
maintaining any and all landscaping upon hi s Unit. Such land-
scaping shall comply with the requirements of Article IX, Section
2 of the Declaration. Failure to so maintain shall entitle the
Association to enter upon any such Uni t to perform any such
maintenance, as provided in Article VIII, Section 1, and to
assess the cost of such to the Uni t Owner as provided in that
Artic Ie VI I I. All assessments for maintenance of landscaping
within the Property originally encumbered by the Declaration and
known as Bentley Green Unit I shall be the sole responsibility of
the Unit owners within said Bentley Green Unit I, consistent with
Article VI, Section 9 of the Declaration.
5. Assessments. The initial annual assessment referenced
---'-
in Article VI, Section 5 of the Declaration shall be Three
Hundred Dollars ($300.00) per Unit in the Bentley Club Property.
6. Declarant. Temple and Bentley do acknowledge and agree
that, notwithstanding the assignment to Bentley of certain rights
as Declarant in that certain Warranty Deed recorded in Official
Records Book 2072, Page 129 of the Public Records of Seminole
County, Florida, that Temple did also reserve to himself, and
Bentley does hereby assign to Temple, co-existent rights as
Declarant under the Declaration, including but without limitation
as to all lots owned by Temple in the Additional Property.
7. Limitations. Except as expressly provided above, all of
the terms, covenants, conditions and restrictions of the Declara-
tion shall be fully applicable to the Bentley Club Property.
IN WITNESS WHEREOF, Temple and Bentley have caused these
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presents to' be executed as of the day and year fi rst above
written.
Signed. sealed and delivered
presence of:
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BENTLEY GREEN JOINT VENTURE I. a
Florida general partnership
A. WALTER
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SUNVEST REAL ESTATE. INC.. a
Florida corporation
Managing Joint Ve urer
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By:U.LJ
A. Walter
President
(Corporate Seal)
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foregoing instrument was acknowledged
OfC~. 1990 by A. Walter Temple. J,r.:
a ~~~7 ~
~TARY PUBLIC
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STATE OF FLORIDA
COUNTY OF tJ~--y-e-
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NOTARY PUBLIC STATE Of FLORIDA '1""1111\\11
MY CO~4ISSIOH EXP. MAY 17,1994
BONDED THRU GE~ERAL INS. UNO.
lhe foregoing instrument was acknowledged before me thi s
.2.9Zi.........day of O~.. . 1990. by A. Walter Temple. Jr.. as Presi-
dent of Sunvest Real Estate. Inc.. a Florida corporation. Manag-
ing Joint Venturer on behalf of BENTLEY GREEN JOINT VENTURE I. a
Florida general partnership.
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NOTARY PUBLIC STATE OF FtO,R~~t :........:, ,;....
MY COMl.;ISSION EXP. MAY 11.1l!"" ",,\'
BONDED THRU GENERAL INS. UN · "'~I1''''1
R:831jD4024
06/21/90
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From ihe Northeast comc"f or WJNTER-SPRtNOS"UNtT-3;-as recorded in
Plat Book 17. Pages 89 and 90. Public Records of Seminole County.
Florida; run N 87051 '00" E along an Easterly extension of the North line
of said WINTER SPRINGS UNIT 3. a distance of 395.67 feet to a point on
the East easement line of a Florida Power and Light Easement recorded in .
Official Record Book 183. Page 130. Public Records of Seminole County.
Florida; run thence N 31045'52" W along said East easement line for a
distance of 3674.63 feet; thence run East 1.426.66 feet to the Point or
BcgiMing. said point bcing on the centerline of Howell Creek; run thence
Northerly along said centerline of Howell Creek the following courses: run
N 14031'15" E for a distance of 103.24 feet; thence run N 40031'18" E
for a distance of 53.38 feet; thence run N 06008'17" E for a dist~nce of
107.86 feet; thence run N 64020'12" E for a distance of 107.70 feet;
thence run N 13025'05" W for a distance of 160.26 feet; thence run
N 21036'48" W for a distance of 84.60 feet; thence run N 24028'06" E
for a distance of 51.90 feet; thence run N 06002'13" E for a distance of
79.25 feet; thence run S 42023'3]" E for a distance of 73.29 feel; thence
run N 18047'34" E for a distance of 21.66 feet; thence leaving aforesaid
centerline of Howell Creek run S 69018'41" E for a distance of 383.72
feet; thence run S 87037'08" E for a distance of 484.86 feet to a point on
the Westerly Right-of-Way line of Greenbriar Lane (60' R/W). said point
being on a non-tangent curve concave Easterly having a radius of 626.89
feet; thence from a tangent bearing of S 22030'36" W. run Southerly
along the arc of said curve and said Westerly Right-of-Way line for a
distance of 239.42 feet through a central angle of 21052'56" to the point of
tangency; thence run S 00037'40" W along said Westerly Right-of-Way
line for a distance of 346.49 feet; thence leaving said Westerly Right-of-
Way line run the following courses along the Northerly line of BENTLEY
GREEN UNIT 1. recorded in PIal Book 41. Pages 42 through 45 of the
Public Records of Seminole Counly,F1orida; thence run N 86032'15" W
for a distance of 20.96 feet; thence run S 76018'42" W for a distance of
134.15 feet; thence run S 82017'3 1 " W for a distance of 113.5 3 feel;
thence run S 41015'17" E for a dislance of 136.0] feet; thencc run
S 19045'51" E for a distance of 134.39 feet; thence run S 82031'35" W
for a}fistance of 117.51 feet; thence run N 73037'28" W for a distance of
47.44 feet to a point on a non-tangent curve concave Soulhwestcrly h;1ving
a radius of 274.86 feet and a chord bearing of S 10053'40" E; lhence
leaving said Nonherly line. run Soulherly along the arc of said CUNe and
the Westerly Right-of-Way line of Bentley Green Circle (40' R/W) through
a central angle of 15038'03" for a distance of 75.00 feet; thence run
N 88001'34" W along the North line of Lot 25 of said BENTLEY
GREEN UNIT 1 for a distance of 119.93 feet; thence run N 34039'39" W
along the Easterly line of Tract "C" of said BENTLEY GREEN UNIT 1
for a distance of 25.00 feet; thence run S 74028'08" W along the
Northerly line of said Tract "C" for a distance of 102.32 feet; thence run
N 15031 '52" W for a distance of 294.99 feet; lhence run N 40004 '32" W
for a distance of 122.77 feet; thence run S 74034'26" W for a dislance of
140.90 feet; thence run N 54026'46" W for a distance of 216.20 feet to the
Point of Beginning.
Containing 15.996 acres more or less.
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MORTGAGEE'S CONSENT TO DECLARATION
BENT LEX_ CLQ..~
KNOW ALL MEN BY THESE PRESENTS:
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That Firstate Financial a Savings Bank, hereinafter referre~
to as "Mortgagee", the owner and holder of a Mortgage dated2
S~ou.. ~~""'1?C\ , granted by A. Walter Temple, Jr., Trustee,.~
recorded in Official Records Book ~ \ \ ~, Page [)J~ of the Public~
Records of Seminole County, Florida, and encumbering the lands~
described on the Plat of Bentley. Club according to the plat'
thereof as recorded in Plat Book~, Page~~~J~lof the Public
Records of Seminole County, Florida, does hereby consent to the
foregoing Supplemental Declaration of Covenants, Conditions and
Restrictions dated "u~u"'r '1-9-- , 1990, and Mortgagee agrees that in
the event of foreclosure, deed in lieu of foreclosure or other
proceeding relating to enforcement of Mortgagee' s rights under
the aforementioned Mortgage and the Note secured thereby, the
terms of the Supplemental Declaration and the Bentley Green
Declaration of Covenants, Conditions and Restrictions, as
amended, referenced therein shall remain in full force and effect
as if the same had been entered into and recorded prior to the
recording of the above-described Mortgage.
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IN WITNESS WHEREOF, Mortgagee has caused these presents to
be executed by its corporate officer hereunto duly authorized as
of the ~ day of .Av~u..:n-, 1990,
Signed, sealed and delivered
in the presence of:
FIRSTATE
Bank
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FINANCIAL .~a' Sav.iilgs", '~:~
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(Seal)
STATE OF FLORIDA
COUNTY OF ~
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and~C ntYf~~~eSS?~ 'd to take
acknowledgments, personal~y appe!'lFed . n-~.~~ ,well
known to me to be the .dh;"M (;A).'/' of the
savings bank named as Mortgagee' herein, and that
acknowledged executing the same in the presence of two
subscri~ing.y~tnesses .freely, and voluntarily under aut.hority duly
vested ~n ~ by sa~d sav~ngs bank and that the seal affixed
thereto is the true seal of said savings bank.
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WITNESS my ed apd official seal in . County and State
aforesaid this is--. day of _ a1"'~1990. . .., ........
N~~BL'1w/,f'-1/.(; ~ ;,~;
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My Commission EXPii:~;':Z..d:~':.~;V
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PEVELOPER' S CON~_ENT AND APPROVAL TO DECLARATION
(BENTLEY CLUB)
KNOW ALL. MEN BY THESE PRESENTS:
THA.T WINTER SPRINGS DEVELOPlYJENT JOINT VENTURE, a Florida
general partnership, hereinafter referred .to as "Developer," the
assignee of the Developer under that certain Declaration o~
Covenants and Restrictions (the "Original Declaration" ) date~
June 30, 1987, recorded in Official Records Book 1864, Page 0803~
of the Public Records of Seminole County, Florida, an~~l
encumbering the lands described on the plat of Bentley Green Uni~
I, according to the plat thereof as recorded in Plat Book 41 P
Pages 42 to 45, of the Public Records of Seminole County i2
Florida, does hereby consent to and approve the foregoing
Supplemental Declaration of Covenants, Conditions and
Restrictions dated Amu'>f '19-> ,1990, as required by Section 15
of the Original Dec~aration.
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IN WITNESS WHEREOF, Developer has caused these presents
be executed by its~cvrporate officer hereunto duly authorized
of the df1J'!'day of '---:\/T 1990.
Signed, sealed and ~live d
in the presence of:
to
as
WINTER SPRINGS DEVELOPMENT
JOINT VENTURE
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Gulfstream Housing .~'Q;rp'~,:. ....... "~~
a Del~ware corpora~~o.r\-r' -......J \>'\ ~~
managJ.ng general p~tRn~1]J '? '~_: ~
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By:
By: _
Name: Glenn
Title: Vice
(Corporate Seal)
b}TD
By:
Home Capital Corporation,
a Californ' cO..1Zpor ion,
gener 1 tner
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Name: LouJ. s E. V,P .()........... '" """"
Ti tIe: Vice Presid~t;[D ". ,'" ",
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Assistant Secret~'ry"'''\''
By:
Name:
Title:
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COUNTY OF ol.!J/Jif
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I HEREBY CERTIFY that on this day, before me, an offic~r
duly authorized in the State and County aforesaid to ta~
acknowledgments, personally appeared Glenn Marvin, well known ~
me to be the Vice President of Gulfstream Housing Corp., t~
managing general partner of the Developer named herein, and tha~
he acknowledged executing the same in the presence of two
sUbscribing witnesses freely and voluntarily under authority duly
vested in him by said corporation and that the seal affixed
thereto is the true corporate seal of said corporation.
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My cr '''''. FlO..ID,~ AT lAi'l1< ", ' ooI"l
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STATE OFJJ~ . . "-.,.,; O.~;..
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COUNTY OF ~ <,,;It ';:'
I HEREBY CERTIFY that on thi s day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared Louis E. Vogt, well known to
me to be the Vice President of Home Capital Corporation, general
p~rtner of the Developer named herein, and that he acknowledged
executing the same in the presence of two SUbscribing witnesses
freely and voluntarily under authority duly vested in him by said
corporation and that the seal affixed thereto is the true
corporate seal of said corporation.
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WITNESS my hand and official, s~al in the County and State
last aforesaid this ~L day of ~~.J , 19~.
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My Commission Expires: ,deN """'~
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NOTARY PUBLIC, STATE OF FLORlP.(..o' I(. i "-" \
R: 831/04026 MY COMMISSIOi~ EXPIRES: MAY >>J "'-1993>- _.,'
BONDli:D THIlU NOTARY PUBLIC U~OE:!'>iRITt'llJ~ ., ~ ' ..
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STATE OF FLORIDA
COUNTY OF~
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and Country aforesaid
to take acknowledgments, personally appeared Joy DeCaro,
well known to me to be the Assistant Secretary of Home
Capital Corporation, general partner of the Developer named
herein, and that she acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily
under authority duly vested in him by said corporation and
that the seal affixed thereto is the true corporate seal of
said corporation.
WITNESS my hand and official seal in
State last aforesaid this "!!Jc/.L day of
199 t).
and
NOTARY PUBLIC, STA
MY COMMISSION EX J,
BONOEO THI<U NOTARY'.
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