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HomeMy WebLinkAboutChestnut Ridge .f0o. :2P DECLARATION OF COVENANTS AND RESTRICTIONS FOR CHESTNUT RIDGE THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR CHESTN~ RIDGE (the "Declaration") is made this day 26 of October, 1992", by THE AMERICAN BANK OF THE SOUTH (the "Developer"); WIT N E SSE T H: WHEREAS, Developer is the owner of certain real property known as CHESTNUT RIDGE, according to the Plat (the "Plat") thereof as recorded in Plat Book .t\'cQ , Page 1.'5';; 2k et. sea., of the Public Records of Seminole County, Florida, together with the Common Areas +::" as hereinafter defined (the "Property"); and WHEREAS, Developer desires to create on the Property a -+-- residential community of single family residences; and en (..l,) WHEREAS, Developer desires to provide for the preservation and enhancement of the property values and amenities in said community and for the maintenance of the Common Areas and improvements thereon, if any, and to this end, desires to subject the Property to the covenants, restrictions, easements, reservations, requirements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of the Property and each Owner thereof; and WHEREAS, Developer has deemed it desirable for the efficient preservation of the values and amenities in said community to \r\ create an entity to which should be delegated and assigned the . ~ powers of maintaining and administering and at such time as ~ \~ provided in this Declaration owning the Common Areas; administering ~ ') and enforcing the Covenants and Restrictions; collecting and ~.~ disbursing the assessments and charges hereinafter created; and ~\ l promoting the recreation, health, safety and welfare of the Owners; .~ ~ and ~~. ~~' WHEREAS, the Developer has incorporated or will incorporate ~ ~ \~ under the laws of the State of Florida as a nonprofit corporation, \~ ~\. ~\:r)~ Chestnut Ridge Homeowners' Association, Inc. (the "Association") ~~~\J for the purposes of exercising the functions stated above, which ~.'\ Association is not intended to be a "Condominium Association" as ~ ~~ such term is defined and described in the Florida Condominium Act "'~ . ~~) (Chap;::, 7 ::E::F:::, F~:: i::v::::::es~~clares and establishes that ~ ~ the Property is and shall be held, transferred, sold, conveyed and , occupied subject to the covenants, restrictions, easements, ~) l~J .'~ reservations, 'requirements, charges and liens (sometimes ~).~ ,) hereinafter referred to as "Covenants and Restrictions") ~ hereinafter set forth, which Covenants and Restrictions shall run l &",' with the land. "~~} .,,~ ~ ~ RElIJI09IOOOIIRTIlMAI'09.IOIl 1 ~ ' ~ 920911.2 . .'V (/) ':..n ,",,' -.J ::I: C) ....... -- o r r"l"l n o . coo C> .." C) .." An > r- ::0 ,...,," ("") -00 ~::o GlC) (11(1) C) (.J1 I"'> r.::n c::::> (J1 ... ) ll'1 r'~ '-,',,, ~ 1 .. .( ~(" ~~~, ~1:'.' P1 ('") ;..: n;'~:.,' 0(":1 . C:c' - ~ =; ~:'~'. :< (") i.'; ) ....,.,0(." r~ t-: 1 :'.1 -..-j 'm ::u <..0 I'l ~ (J :t> (,.., -0 :;0 ::::0 0 fT1 C:J tv ~." -0 .- . 3: ~ t i :0 ~ - '1 W ;n 0-) ~'-J ARTICLE I i'.,.} U1 (:PO 0'" -J 0'" o :An )> r :;::0 rt1 C) -og U1 :P'::O "- " G>O I...., P1U> --J... (/) r"1 DEFINITIONS .~ ::z:: Section 1. The following words when used in th~ Declaration or any supplemental declaration (unless the conteie shall otherwise prohibit), shall have the following meanings: g . ." (a) "ARB" shall mean and refer to the Arch1tecturaQ:" ..,. Review Board as defined in Article II hereof. (b) "Association" shall mean and refer to Chestnut Ridge Homeowners' Association, Inc., a Florida corporation not-for- profit, which has been or will be incorporated. (c) "Builder" shall mean and refer to an Owner who has purchased a Lot for the sole purpose of erecting a Living Unit on the Lot for resale to an Ultimate Purchaser. (d) "Common Areas" shall mean and refer to the following easement rights as more particularly designated on the Plat and therein expressly reserved for certain therein stated public and private uses together with walls, fences, irrigation systems, signage, landscaping and other improvements and facilities now or hereinafter in existence in connection therewith: (1) Entry landscape and signage easements all as more particularly described on the Plat ("Entry Landscape and Signage Easements"); (2) Storm water drainage easements granted unto Developer in that certain Easement Agreement recorded in Official Records Book 2441, Page 0364, et. ~, of the Public Records of Seminole County, Florida, all as more particularly described on the Plat; (3) Fifteen (15) feet wide utility easement over Lots 7 and 8, all as more particularly described on the Plat; (4) Fifteen (15) feet wide drainage easement over Lots 49 and 50, the center line of which easement is the line forming the property line between Lots 49 and 50, all as more particularly described on the Plat; (5) Fifteen (15) feet wide utility easement over Lots 38 and 39, all as more particularly described on the Plat; '(6) Fifteen (15) feet wide drainage easement over the rear of Lots 37-49, all as more particularly described on the Plat; RElI I 10000OOOIIRTRMAP09. lOB 920911.1 2 (7) Ten (10) feet wide utility easement on the interior street sides and rear of each and every Lot; (8) Fifteen (15) over Lots 32 through 33 , described on the Plat; feet wide utility easement all as more particularly N c.n 0)0 cP 0-" ~ -J 0"" ~ 0 ~n :r; J> 0 , r- ?J rn rn ('") C> ("') 0 -00 .." c.n ;;>;0 N 00 V .11 (f) 0:> (9) Fifteen (15) feet wide utility easement over Lots 39 and 40, ~ll as more particularly described on the Plat; (10) Twenty (20) feet wide drainage easement over Lots 33-36, all as more particularly described on the Plat; (11) Five (5) feet wide landscape and wall easement on that side of Lots 1, 2, 3, 4, 5, 6, 7, 8, 52, and Tract A adjacent to and parallel with Greenbriar Lane; five (5) feet wide landscape and wall easement on that side of Lots 8, 9, 10, 11, 12, 31, 32, 33, and 34 adjacent to and parallel with Northern Way; (12) Five (5) feet wide landscape and wall easement over the rear of Lots 34 and 36; five (5) feet wide landscape and wall easement on that side of Lot 39- 40 adjacent to and parallel with the west side of Lot 1, Fairway Oaks, unit 1, according to the Plat thereof, as recorded in Plat Book 23, Pages 96 through 98, of the Public Records of Seminole County, Florida; five (5) feet wide landscape and wall easement on that side of Lot 36- 39 adjacent to and parallel with Oxbow Lane, all as more particularly described on the Plat; (13) Fifteen (15) feet wide drainage easement over Lots 41 and 42, all as more particularly described on the Plat; (14) Tract A, drainage retention area shall be owned and maintained by the Homeowners Association, as more particularly described on the Plat. (e) "Living unit" shall mean and refer to any portion of a building situated upon the Property designed and intended for use and occupancy as a residence by a single family. (f) "Lot" shall mean and refer to any plot of land within the Property designated on the Plat as a Lot. (g) "Maintenance Year" shall mean and refer to a year running from January 1 through December 31 of each calendar year. (h) "Members" of the Association shall mean and refer to all owners and the Developer. RI!\1 I 109\OOOI\RTRMAP09. lOB 920911.2 3 (i) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot and/or Living unit which is situated upon the Property; but, notwithstanding any applicable theory of the law of mortgage~ Owner shall not mean or refer to the mortgagee unless and untDl such mortgagee has acquired title pursuant to foreclosure or a~ proceeding in lieu of the foreclosure. I M (j) "Rules and Regulations" shall mean and refer to a~ and all rules and regulations duly promulgated by the Board ~ Directors of the Association pursuant to its powers under t}fe Declaration, Articles of Incorporation and By-laws of the Association. r""..;, U1 coo 0"" --J 0"'" o ~n :> r ?:l l"l'l <=:) ("") -00 CJ1 ,~?:l N L,"'"'>O l"l'lV) \.D.~ (k) "Surface Water Management System" shall mean and be defined as all land, easements and other facilities and appurtenances which together constitute and comprise the master surface water management and drainage system of Chestnut Ridge as reflected on the plans thereof on file with and approved by the City of Winter Springs, Florida, and the st. Johns River Water Management District (hereinafter the "SJRWMD") which are or will be conveyed by the Declarant to the Association as Common Area or otherwise dedicated to the Association as Common Area pursuant to the Plat. (1) "Ultimate Purchaser" shall mean and refer to an Owner who has purchased a Lot and Living Unit from a Builder. ARTICLE II ARCHITECTURAL REVIEW BOARD The Developer, upon the recording of the Declaration, shall immediately form a Committee known as the Architectural Review Board (the "ARB"), initially consisting of three (3) persons designated by Developer. The ARB shall maintain this composition until all Lots have been conveyed to Ultimate Purchasers. ~ Prior to obtaining a building permit or commencing construction of any building, fence, wall, pool, landscaping or other structure upon the Property or any Lot, including any alterations or additions to existing improvements, two (2) sets of plans and specifications, lot grading and/or landscaping plans must be submitted to the ARB for its review (hereinafter referred to as "Plans"). The ARB shall approve or disapprove the Plans within thirty (30) days of its receipt. If in its opinion for any reason, including purely aesthetic reasons, the ARB determines that the Plans~are not consistent with the development plan formulated by the Developer for the Property or contiguous lands thereto, it shall disapprove the Plans. The conclusion and opinion of the ARB shall be binding. In the event the ARB fails to respond within thirty (30) days from receipt of the Plans, the Plans submitted shall be deemed to be approved by the ARB. The existence of the signature of at least one (1) member of the ARB on any plan shall RI!IllI09\OOOIlRTRMAP09.IOB 920911.2 4 be conclusive proof of the approval by the ARB of such plans. During its review of the Plans, the ARB may require that samples of building materials proposed or any other data or information deemed necessary to reach its decision be submitted to the ARB. The WODX contemplated in the Plans must conform substantially in accordan~ with the Plans as approved, or the Association may enforce t~ Plans as approved pursuant to Article IX, section 4 herein. ~ fTl ("') C) N Ul -J <::> mo o "T'l C) .." ~n :t> r- ::0 fT1 (") -00 )'>:;x) '.7>0 r'Tt (IJ" ARTICLE III o .."Ul r W c:>' RIGHTS IN THE COMMON AREAS Section 1. Owners' Easements. Subject to the provisions of Section 2 hereinbelow and the additional provisions of this Declaration, every Owner, his agents, licensees, lessees and invitees shall have a right and perpetual non-exclusive easement, of enjoYment in and to the Common Areas for the limited purposes set forth in Article I, section l.k., and such easement shall be appurtenant to and shall pass with title to every Lot. section 2. Extent of Owners' Easements. The rights and easements of enjoYment created hereby shall be subject to the following: (a) the right of the Association to suspend the enjoYment right of any Owner for any period during which any assessment remains unpaid, and for any period not to exceed sixty (60) days for any infraction of this Declaration and the Association's Rules and Regulations; (b) the right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, public authority, or utility, with the approval of such agency, authority or utility, for such purposes and subject to such conditions as may be agreed to by the Owners in the manner provided herein; provided, however, that no such dedication, transfer, or determination as to the purposes or as to the conditions thereof, shall be effective unless written notice of the proposed agreement and actions thereunder is sent to every Owner at least thirty (30) days in advance of any action taken; and unless two-thirds (2/3) of the total votes of each class of membership as set out in Article V agrees to such dedication, transfer, purpose or condition; and (c) the right of the Association to mortgage all or _any part of the Common Areas for such purposes and subject to such conditions as may be agreed to by the Owners in the manner provided herein; provided, however, that no such determination as to the purposes or as to the conditions thereof, shall be effective unless written notice of the proposed agreement and actions thereunder is sent to every Owner at least thirty (30) days in IlIl\I I 1000OOOI\RTIlMAI'09. lOll 920911.1 5 advance of any action taken; and unless two-thirds (2/3) of the total votes of each class of membership as set out in Article V agrees to such mortgage; and j.'\.,J 01 roo <f) <::> -r'I rr1 -J C> -r'I :c 0 ~c=; - % )> 0 r- r- I'T1 :::0 ("') I'T1 C) 0 ("') -00 -r'I Ul :::>::0 .- W (;)0 . '"11 (J) (d) the right of the Association to establish reasonable Rules and Regulations for the use of the Common Areas. Section 3. Deleqation of Use. Any Owner may delegate his right of enjoYment to the Common Areas and facilities to the members of his family, his guests, his tenants, or contract purchasers who reside on the Property, subject to such rules and regulations that may be established from time to time by the Association. Section 4. Damaqe or Destruction of Common Areas bv Owner. In the event any part of the Common Areas is damaged or destroyed by an Owner or any of his guests, tenants, licensees" agents or members of his family, such Owner does hereby authorize the Association to repair said damaged area at the Owner's expense. The Association shall repair said damaged area in a good workmanlike manner and in conformance with the original plans and specifications as they may have been altered or modified by the Association pertaining to the damaged area. The cost of said repairs shall be deemed a special assessment against the Owner due and payable upon being assessed against the Owner, and in the event said special assessment is not paid when due, the Association shall have the right to place a lien on the Owner's Lot for paYment of such assessment and to otherwise proceed to collect same in accordance with Florida Statutes. Enforcement of any assessment lien against an Owner shall be in accordance with Florida Statutes. Section 5. Title to Common Areas. The Developer shall convey said easement rights to the Common Areas to the Association free and clear of encumbrances, except matters of record, before the first Lot is conveyed to an Owner, and such conveyance shall be subj ect to the terms of this Declaration and any Supplemental Declaration pertaining to the Property. ARTICLE IV THE ASSOCIATION Section 1. Association. Chestnut Ridge Homeowners' Association, Inc., a Florida corporation not-for-profit, has been or will be organized, among other things, to administer, maintain, and at such time as provided in the Declaration, own the Common Areas. The Association shall act in accordance with the terms and provisions of this Declaration, the Articles of Incorporation of the Association and the By-laws of the Association. Section 2. Membership and Voting. Membership and voting rights in the Association shall be as set forth in Article V hereof and in the Articles of Incorporation and By-laws of the R.B\ll1lMOOOl\RTRMAP09. lOB 920911.1 6 1"'-' Association, which Articles of Incorporation and By-laws are herew U1 incorporated herein by this reference. ~ ~ ;;0 Section 3. Turnover of Control. Developer reserves t~ right to designate the initial members of the Board of Directors ~ the Association and their successors until the earlier of: (i) fi~ (5) years from the date of conveyance of the first Lot in Chestn~ CJ Ridge to an Ultimate Purchaser as evidenced by the date such deed ~ is recorded in the Public Records of Seminole County, Florida; or CJ (ii) such date as eighty percent (80%) of all Lots which the N Developer plans to ultimately develop in Chestnut Ridge have been conveyed to Ultimate Purchasers; or (iii) such date as may be specified by Developer for the voluntary relinquishment of Developer's right to continue to designate members of the Board; provided, however, Developer sends to the Association and to each Member a thirty (30) day notice of such relinquishment (the "Turnover Date"). Upon and after the Turnover Date, the Board shall be elected by the Members of the Association in accordance with the terms and provisions of this Declaration, the Articles and By-laws. t:DO' 0'" C)-T1 :An l> r :::0 1""1 ("") -00 );>0::0 C>O 1"'11 (/)" Section 4. Books and Records. The Association shall make available to Owners and mortgagees, and to holders, insurers or guarantors of any mortgage on all or a portion of the Property, including Living Units, current copies of the Declaration, Bylaws and Articles of Incorporation of the Association, other rules concerning the Property, and the books, records and financial statements of the Association. The Association shall be deemed to have made such items available, if they are available for inspection, upon request, during normal business hours or under other reasonable circumstances. Any holder, insurer or guarantor of a first mortgage on all or a portion of the Property, including Living Units, shall be entitled, upon written request, to a copy of the audited financial statement for the immediately preceding fiscal year, free of charge to the party so requesting, and such statement shall be furnished within a reasonable time following said request. Section 5. Notice to Mortgaqees. Upon written request to the Association identifying the name and address of the holder of the first mortgage on a Living unit and/or Lot, or the insurer or guarantor of such first mortgage on a Living Unit and/or Lot and the Living unit and/or Lot number or address, a holder of a first mortgage on a Living Unit and/or Lot or insurer or guarantor of said first mortgage shall be entitled to timely written notice of: (a) Any delinquency in the payment of assessments Er charges owed by an Owner of a Living unit and/or Lot subject to a first mortgage held, insured or guaranteed by such requesting party, which remains uncured for a period of'sixty (60) days; RE\III~OOOI\RTRMAP09.IOB 920911.2 7 c.n fT1 ::J: :z:: o r fT1 ("') o . .." r Section 6. Dissolution of Association. The Association may be dissolved with the assent given in writing and by assent signed by not less than ninety percent (90%) of each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to nonprofit corporation, association, trust or other organization to be used for such similar purposes. (b) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and ~. U1 -J o (c) Any formally proposed action which would require the consent of a specified percentage of first mortgage holders as set forth in this Declaration. o U1 W W toO o ...., 0"" :;;lIi:(=) ..... l> .- ;0 1"'1 ("') ''00 :>:::0 G">C ("'un ARTICLE V MEMBERSHIP AND VOTING RIGHTS Section 1. Member. The Members of the Association shall consist of the Developer, as a Class B Member as defined in Section 4 below, and all Owners of a Lot within the Property, as Class A Members as def ined in section 4 below, provided that any such person or entity who holds such interest merely as security for the performance of any obligation shall not be a Member, unless they have obtained record title to the Living unit by foreclosure or deed in lieu of foreclosure. Section 2. Chanqe 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 a record title to a Lot in the Property. The Owner designated 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 the recording of the deed or other instrument establishing record title and shall furnish the Association a certified copy of such instrument if required by the Association. Section 3. Membership Riqhts Appurtenant to Lot Ownership. The share of a Member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner, excep~ as an appurtenance to his Lot. . section 4. Classes of Votinq Membership. The Association shall have two 'classes of voting membership (both classes of which shall be collectively referred to herein as Members) as follows: RE\111CW-0001\RTIlMAP09.101l 92il911.1 8 Class A. Class A Members shall be all those Members asr~ defined in Article V, section 1 with the exception of Uheun Developer. One vote shall be allocated to each Lot owned b~a-4 Class A Member. When more than one person holds such interest~~ interests in any Lot all such persons shall be Members, and ~ person entitled to cast the vote for the Lot shall be designated ~~ a certificate filed with the Secretary of the Association, at aEt time before the vote is cast, signed by all record owners of tne Lot. If any Lot is owned by a corporation, a similar certifica~ shall be required designating the person entitled to cast the vote for such Lot. Absent such certificates by mUltiple owners or a corporation, then the vote for that Lot shall not be considered in determining the requirement for a quorum or for any other purpose until such certificate is filed with the Secretary of the Association. However, when title to a Lot is held by a husband and wife, they may, but shall not be required to, designate a voting member. If they do not designate a voting member, and if both are present at a meeting, only one may vote on any given matter. If they are unable to agree on who shall vote, their vote shall not be counted. If no voting member is designated and only one spouse is present at a meeting, the spouse may cast the vote for the Lot without establishing the concurrence of the absent spouse. In no event shall more than one vote be cast with respect to any Lot. o c.n w ~- toO 0'" 0'" ;>>r.;c=; ::> r- ::x:l rTl ("') -00 )> ::0 G1C I" (/) . Class B. The Class B Member shall be the Developer, its successors or its assigns. The Class B Member shall be entitled to four (4) votes for each Lot owned until the Turnover Date as hereinabove defined. The Class B membership shall cease and be converted to Class A membership and be entitled to vote as such on said Turnover Date. ARTICLE VI COVENANTS FOR MAINTENANCE ASSESSMENTS Section 1. Purpose of Assessments. The assessments levied by the Association ("Assessments,") shall be used for the purpose of promoting the recreation, health, safety, and welfare of the residents in the Property; maintaining, operating, and improving the Common Areas including, without limitation, main- taining any pipes or other improvements in connection with those certain non-exclusive easements granted unto Developer in that certain Easement Agreement recorded at Official Records Book 2441, Page 0364, et. seq., Public Records of Seminole County, Florida; ownership, control, administration, management, operation, regulation, care for, maintenance, repair, replacement restoration and preservation of the Surface Water Management System, which maint~nance shall be in conformance with the requirements of the SJRWMD and the SJRWMD shall have the right to enforce by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water Management System; enforcing the covenants; and for the improvement and maintenance of properties, services, and facilities which have been constructed, installed or furnished IU!IlIIWlOOOI\RTIlMAP09.IOIl 920911.2 9 or may subsequently be constructed, installed, or furnished, which are devoted to the purpose and related to the use and enjoYment of~ the Common Areas, including but not limited to, the paYment (Q)f (J1 taxes, if any, and insurance on the Common Areas, and repai~, -J replacement, and additions thereto, and for the cost of labOlE, c:::> equipment, materials, management and supervision thereof. TJie annual assessment shall also provide reasonable reserves far deferred maintenance, replacements and betterments as further s~ c:::> out in the Association By-Laws. The Association shall provide CJ1 streetlight service to the Property, and the installatio~ ~ management, repair, replacement and operation of said service shall (J1. be paid for by the Assessments levied by the Association; provided, however, at the Association's option, such services may be provided through a municipal service taxing unit or other similar means to provide such services. IDO 0"" (:> .." ~n l> r- ::::0 fT1 ("") -00 3>::0 r..~O P1Vl Section 2. Assessments. Each Owner of any Lot by accep- tance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance, hereby covenants and agrees to pay to the Association: (1) an initial assessment, (2) annual assessments and charges, and (3) special assessments for capital improvements and other expenditures that the Association deems appropriate, including special assessments for violations or damages as provided in this Declaration, the Articles of Incorpo- ration and By-laws, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The initial, annual and special assessments, together with such interest thereon and costs of collection thereof, including, without limitation, reasonable attorneys' fees incurred by the Association incident to the collection of such assessments whether or not jUdicial proceedings are involved, and appeals, if any, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Said lien shall be effective from and after the time of recording a claim of lien in the Public Records of Seminole County, Florida, and the lien shall continue in effect until all sums secured by the lien shall have been fully paid. Upon full paYment, the party making paYment shall be entitled to a recordable satisfaction of lien. Each such assessment, together with interest thereon and cost of collection, including, without limitation, reasonable attorneys' fees incurred by the Association incident to the collection of such assessment whether or not jUdicial proceedings are involved, and appeals, if any, shall also be the personal obligation of the person who is the Owner of such Lot at the time the assessment is due and payable. Failure to pay assessments does not constitute a default under an insured mortgage. Section 3. Maximum Annual Assessment. until January 1, 1993,-the maximum annual assessment per Lot per year shall be such amount as shall be determined by the Board of Directors of the Association, provided: (a) From and after January 1, 1993, the maximum annual assessment may be increased each year not more REI I I 100000OOOI\RTIlMAP09. lOll 921)911.2 10 (b) From and after January 1, 1993, the maximum annual assessment may be increased above five percent (5%) by a vote of two-thirds of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose; and f'V <.J1 wo U'l o-n ,.." -J o-n 3: a ;J;(; % ~ C> r r f"T1 ;0 ('") ,.." 0 0 ('") . c.J1 -00 -n )>;0 r W G"') 0 . (1'1 (/) Q') ~. than five percent (5%) above the maximum assessment for the previous year without a vote of the membership. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Delinquent Assessments. If an assessment or installment thereon is not paid within thirty (30) days after the due date, a late fee may be charged by the Association, and the Board of Directors of the Association may accelerate the remaining installments and declare the entire assessment as to that delinquent Owner due and payable in full as if the entire amount was originally assessed, with interest accruing on said unpaid amount at the highest rate allowed by law. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Living Unit and/or Lot. Section 5. Riqhts of Association to Collect Delinquent Assessments. Liens for assessments may be foreclosed by suit brought in the name of the Association in like manner as a fore- closure of a mortgage on real property. The Association may also sue to recover a money judgment for unpaid assessments against the Owner personally obligated to pay same without waiving the lien securing same. Section 6 . Initial Assessment: Transfer Fee. In addition to the other assessments provided in this Article VI, an initial assessment of Two Hundred Dollars ($200.00) per Lot shall be paid by the Builder to the Developer at the time of purchase of each Lot from the Developer and a Transfer Fee of Fifty Dollars ($50.00) shall be paid by the Owner upon the transfer of any Lot. Section 7. Annual Assessment. The amount of the annual assessment shall be determined by the Board of Directors of the Association and shall commence to accrue as to each and every Lot at such time as the first lot is conveyed to an Owner. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days- in advance of each annual maintenance period. written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates_ shall be established by the Board of Directors. The Association may use any part or all of said sum for the purposes set forth in section 1 of this Article. section 8. Method of settinq Annual Assessment. The annual assessment may be increased or decreased by the Board of Directors of the Association after considering current maintenance RI!\I11~OOOI\RTRMAP09_10Il 92091 L2 11 costs and future needs of the Association; provided, however, that;~ the annual assessment for each Lot may not be decreased whBn U1 outstanding obligations of the Association remain unpaid, amp,-J further provided that the annual assessment be of sufficient amou! CJ to meet all obligations of the Association imposed by th Declaration. The Board of Directors shall fix the amount of t annual assessment against each Lot at least thirty (30) days r.n advance of each annual assessment period. written notice of t~ ~ annual assessment shall be sent to every owner subject thereto.~ ~ -..I.. c:oo 0'" <:) ..." =^n J;> .- ~ ,." n -00 ~:::o C)o rTl e,p-' section 9. Special Assessment. In addition to the initial and annual assessments authorized above, the Association may levy against the Owners of Lots in the Property, in any Maintenance Year, a special assessment applicable to that year only for the purpose of: (1) defraying, in whole or in part, the cost of any unexpected expenditure not anticipated in the annual budget; or (2) the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto; or (3) for the purposes deemed appropriate by the Association, provided that any such special assessment shall have the assent of two-thirds (2/3) of the total votes of each class of members who are voting in person or by proxy at a meeting duly c~lled for this purpose. The due date of said special assessment shall be as provided by the resolution adopting such special assessment. A special assessment may also be levied against an Owner or Owner(s) by the Association for violations or damages as provided in the Declaration, the Articles of Incorporation and By-laws, and any such special assessment shall be due and payable when levied by the Association. Section 10. Meeting to Adopt Special Assessment. Written notice of any meeting called for the purpose of taking any action authorized under Section 9 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members and of proxies entitled to cast sixty percent (60%) of the total votes of each class of members shall constitute a quorum and if a quorum is not present, another meeting shall be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 11. Allocation of Assessments Amonq Lots. The allocation of annual and special assessments, other than special assessments incurred as a result of damage or violation of the Declaration, Articles of Incorporation and By-laws, shall be set so that ~ll Lots shall be assessed at an equal rate. Section 12. Certificate of Assessment Liabilitv. Upon demand, the Association. shall furnish a certificate in writing signed by an officer of the Association to any Owner liable for an assessment. The certificate shall state whether said assessment REI I I IO!MOOIIRTRMAI'09. lOll 920911.2 12 has been paid and shall be conclusive evidence of payment of any assessment therein stated to have been paid. N (J)U1 Section 13. Subordination of Assessment Lien to Fir.it-4 Mortqaqes. The lien of all assessments provided for herein and aa c:> costs, expenses and attorneys' fees secured by said lien shall ~ subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale ft transfer of any Lot pursuant to foreclosure of the first mortgag~ or any proceeding in lieu thereof, shall extinguish the lien 9! such assessment as to payments which became due prior to such sale or transfer. The extinguishing of the lien shall not affect the personal liability of the Owner at the time such assessment came due for payment of same. No sale or transfer shall relieve such Lot from liability for any assessment coming due after such sale or transfer or from a lien therefor. However, any such delinquent assessments which were extinguished pursuant to the foregoing provision may be reallocated and assessed to all Lots. OJc:i'" . 0""'1 0"" :XC:; );> r :::0 I"r'\ C) -ug Ul )>:;:0 ...... G>O \JoJI (11 <J'1' CO" Section 14. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created herein: (a) any parcel of property which serves as an easement or which is dedicated and accepted by a local public authority and devoted to public use; and (b) all Common Areas as hereinabove defined. ARTICLE VII RESTRICTIVE COVENANTS The Property shall be subject to the following restrictions, reservations and conditions, which shall be binding upon the Developer and upon each and every Owner who shall acquire hereafter a Lot or any portion of the Property, and shall be binding upon their respective heirs, personal representatives, successors and assigns, as follows: Section 1. Land Use. No Lot shall be used except for residential purposes. No building shall be erected upon any Lot without the prior approval thereof by the ARB as hereinabove set forth. Not more than one (1) Living Unit shall be built on each Lot. (72--0 (l??p , ~ (p- 'J p#' I~r ~ RE\11I0'1.000IIR'I'RMAP09.I00 /' 92091 L2 (p Section 2. Dwellinq Size. All Living Units, either single story or two story, shall have a minimum of One Thousand Nine Hundred (1,900) square feet of living area. f~ .~~ ~ ~ection 3. Buildinq Location. All Living units shall ,f face to the front of the Lot, except in the case of corner Lots, in ~ which instance, said Living Unit shall be situated as required by the ARB and' in accordance with applicable ordinances and regulations of the City of Winter Springs. _Fron~ rear and side - .- ~ack~ shall be ~E:mtY-l:O) feet.J Twenty (20) feet and Sl.X (6) -- 13 feet, respectively, except that the setback as to sides adjacent to street rights of ways shall be fifteen (15) feet. , ~: ...-- - (J1 Section 4. Livinq Unit Characteristics. No Living Untt ~ shall exceed two and one-half (2-1/2) stories or thirty-five (359 CJ feet in height. Each Living Unit shall have a private, enclos!9 garage for no less than two (2), nor more than three (3), car~ Servant quarters and/or a storage or tool room may be attached t9 the ground floor of such garage. No garage may later be used f~ <::> Ii ving area without the construction of a garage as specif ied abo~ U1 to replace that which is converted to living area. r ~ ~ mo 0"" 0"" :XC:; l> r ;0 rr1 ('") -00 :>;;0 G") 0 rrJ (I)'" Section 5. Additional Garaqe Characteristics. Each garage must have a minimum width of twenty (20) feet, with either a single overhead door with a minimum width of sixteen (16) feet, or two (2) or three (3) individual overhead doors, each with a minimum width of eight (8) feet. All Living Units shall be served with a paved driveway of concrete of at least sixteen (16) feet in width at the entrance of the garage. Garage doors shall have electric door openers and shall be composed of such material as may be approved by the ARB. Section 6. Roofs. Flat, built-up roofs, shall be permitted only over Florida rooms, porches or patios, at the rear of the Living Unit. All other roofs shall be pitched 6/12 and composed of tile, asphalt shingle, cedar shake shingle, slate construction or special roofing as may be approved by the ARB. Section 7. Exterior Materials. All exposed concrete block must be stuccoed or Colorcreted, except where decorative blocks may be permitted by the ARB. Section 8. Sod. wi thin seven (7) days from the issuance of a certificate of Occupancy for a Living Unit, the Lot upon which said Living Unit is located must be fully and completely sodded and landscaped in accordance with plans approved by the ARB. Sod shall be st. Augustine or a derivative thereof. Section 9. Siqns. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of the builder or contractor, and a "For Sale" sign or "Open House" sign. In any event, no sign shall be larger than six (6) square feet. Section 10. Game and Plav Structures. All basketball backboards and any other fixed game and play structures shall be located at the rear of the dwelling to the extend reasonable, or as otherwise approved by the ARB. Tr ses or latforms of a like kind or__nature will not be constructed on any part of e 0 19cated in- front of the rear line of a Living Unl.t: constructed -... tlie-reon. - Section 11. Fences. No fence or fence walls shall be constructed, erected or maintained on or around any portion of a lot that is in front of the front line of the Living Unit on that RIlII I 1000OOOIlRTRMAP09.IOB 920911.1 14 Lot. No fence or fence walls shall exceed a height of six (6) nor0J shall any material used in the construction of said feet, fenceun consist of any type other than masonry, redwood, or other so~~ wood, and shall be constructed with the good side toward '€heo street. 5 I m Section 12. Swimming Pools. Swimming pools shall ~e located at the rear of the Living unit and must be fenced COr 0 screened by an enclosure as approved by the ARB. Pumps must ~e~ screened from view by fencing or landscaping approved by ARB. AIl ~ improvements relating to swimming pools are subj ect to ARB approval c::> prior to construction. No above ground pools shall be permitted. The water's edge of any swimming pool must be at least ten (10) feet from the rear lot line and at least three (3) feet from the applicable side setback line as set forth in section 3 of Article VII. Pool screens must be at least seven (7) f~et from the rear lot line and the applicable side setback distance from the side lot line as set forth in said Section 3 of Article VII. OJ c:::r' 0""'11 0""'11 ~o )::0- r- :;0 f"1'l (") -00 )>:;:0 C')O f"Tl (,I)' Section 13. Maintenance of Lots. Once a Lot has been sold by the Developer, whether improved or not, it shall be maintained in good appearance free from overgrowth and rubbish and in accordance with all other requirements of these restrictions. In the event any Lot is not so maintained, then the Association shall have the right to enter upon said Lot for the purpose of cutting and removing such overgrowth and rubbish and such other action as may be necessary to bring the Lot into compliance with these Restrictions and the expense thereof shall be charged to and paid by the Owner of such Lot. In the event said expense shall not be paid by said Owner within thirty (30) days after being provided with a written demand for payment, such expense shall be declared delinquent and shall, together with interest thereon at the rate of eighteen percent (18%) percent per annum and cost of collection thereof, thereupon become a continuing lien on the Lot which shall bind such Property in the hands of the Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay subject assessment, shall remain his personal obligation for the statutory period. Section 14. Garbaqe and Trash Disposal. No Lot shall be used or maintained as a dumping ground for rubbish, trash or other waste. All trash, garbage and other waste shall be kept in sanitary containers and, except during pick up, if required to be placed at the curb, all containers shall be kept at the rear of all Living Units or out of sight from the street. No burning of trash or other waste materials shall be permitted. Section 15. Offensive Activitv.' No noxious or offensive activity shall be engaged in on any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the community. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment RE\II 1000OOOIIRTRMAP09, lOll 920911.2 15 of other property in the neighborhood; and, further, no cows, cattle, goats, hogs, poultry or other like animals or fowl shall b~ kept or raised on any Lot or any Living Unit; provided, however"~ that nothing herein shall prevent the keeping or raising o~ a~ domestic pet; provided, however, all domestic pets shall either.3beCJ kept on a leash or kept within an enclosed area. z o r section 16. TemDorarv Structures. No structure 0:f"1 a temporary character and no trailer or mobile home, camp@r,~ recreational vehicle or tent, shack, garage, barn, or any o~-wn building shall be used on any Lot at any time as a residence eit~r~. temporarily or permanently. -- Coo o-rt 0'"'11 An )> r- :;;0 ", (") -00 J;>o::o 00 fTl (J) Section 17. Clotheslines. All clotheslines shall be placed at the rear of and within the area encompassed by a rearward extension of the side lines of the Living Unit so that they are not visible from the street. section 18. Vehicles and ReDair. No inoperative cars, trucks, campers, recreational vehicles, mobile homes, or any other type of vehicles shall be allowed to remain either on or adjacent to any Lot for a period in excess of forty-eight (48) hours; provided this provision shall not apply to any such vehicle being kept in an enclosed garage. There shall be no major repair performed on any motor vehicle on or adjacent to any Lot. No boats, campers, or recreational vehicles shall be allowed to be parked for over twenty-four (24) hours in front of a Living unit. section 19. Drainaqe and utility Easements. The hereinabove described easements for the installation and maintenance of drainage and utility facilities have been reserved as shown on the recorded Plat. within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities or which may change the direction of flow or drainage in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot, and all improvements placed therein by a Lot Owner, from time to time, shall be maintained continuously by the Owner of the Lot, except for those improvements for which the Association, public authority or utility company has assumed responsibility. Section 20. Other Plat Easements. Entry Landscape and Signage Easements, and easements for a wall have been reserved as shown on the Plat. wi thin these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the walls~ entry signage and entry landscaping, which improvements shall be maintained by the Association. Other than said walls, entry signage and entry landscaping, the easement area of each Lot, and the improvements placed therein by a Lot Owner, from time to time, shall be maintained continuOUSly by the Owner of the Lot, RE\t I 109\OOOt\RTRMAP09. lOB 920911.1 16 except for those improvements for which a public authority on"'-> utility company has assumed responsibility. m Ln I""l -J Section 21. Sidewalks. Four (4) feet wide interi>rC> sidewalks shall be installed by the Owner of the Lot in 6le interior street right of way adjacent to the side or sides of ~e Lot facing an interior street prior to completion of the ccm- struction of a Living unit on said Lot, which sidewalks shall be~n~ compliance with the City of winter Springs Subdivision Regulatiot?!. .r:- section 22. Air Conditioninq units. No air condition~ng~ units, either central or wall units, shall be placed on the front of any dwelling or otherwise placed or located so as to be visible to or from any public street. If said unit is placed to the side or rear of any such dwelling but is still visible to or from any public street, it shall be permissible to so locate said unit if the same is screened with a permanent type of building material or landscaping and cannot be seen from any street from any angle. roo o-rt C) -rt xc=; )> r ;0 fTl ("') -00 :P:::o c;') t:J f'"!1(1) section 23. Communications Equipment Prohibited. Use of any communication equipment on any Lot or in any Living Unit, including but not limited to CB radios, antennas, ham radios, etc., for commercial purposes. of any kind shall be prohibited. Satellite dishes and visible television antennas erected for personal use shall also be prohibited. Section 24. Trees. Two trees shall be planted and maintained by the Owner of the Lot in the area between the curb and the sidewalk described in this Article prior to the time of issuance of the Certificate of Occupancy for the Living Unit, the location, size and species of which trees shall be governed by the Architectural Review Board. ARTICLE VIII PROPERTY SUBJECT TO THIS DECLARATION Section 1. The Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows: The Property, as defined on page one hereof. ARTICLE IX GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land and the Property, and shall inure to the benefit of and be enforceable by the Owner of any land subject to this Declaration, their representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said Rl!\1IIW-OOOI\RTIlMAP09.lOll 920911.2 17 covenants shall be automatically extended for successive periods ofl" ten (10) years. (n coo (/) '-" · o-ra fTl -J o-ra Section 2. Commencement of Construction. Every Owner \dio 0 ::xc=; has purchased a Lot from Developer or a builder to whom the Lot ~s ~ sold by Developer, shall commence construction of a residerffie ::0 thereon on or before twelve (12) months after the purchase of ~e M Lot or before such longer period of time as the Developer in i~ c::> -og sole discretion, in writing, may direct and afford to an Owner ~ ~ ~fg Owners of a Lot or Lots. : + m(J) .' W.' Section 3. Notices. Any notice required to be sent to any member or Owner under the provisions of this Declaration, shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as a member or Owner on the records of the Developer or of the Association. Section 4. Enforcement. The Association or any Owner may enforce these covenants and restrictions by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or recover damages, or both, and against the land to enforce any lien created by these covenants; failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 5. Waiver of Minor Violations. Developer, his successors or assigns, reserves the right to waive any violations of the covenants contained in this Declaration in the event Developer shall determine in his sole discretion that such violations are minor or dictated by the peculiarities of a particular Lot configuration or topography. Section 6. Attornevs I Fees. In the event any action shall be brought by the Developer, his successors or assigns or by the Association or any Owner for the purpose of enforcing the provisions contained in this Declaration, it is expressly under- stood and agreed that all costs, including reasonable attorneys' fees, incurred by any moving party in such legal proceeding which results in the successful enforcement thereof, shall be borne in full by the defendant in such proceedings. Section 7. Severabili tv. Invalidation of anyone of these covenants and restrictions by judgment or court order shall in no wise affect any other provisions, which other provisions shall remain in full force and effect. Section 8. Amendments. This Declaration of Covenants and Restrictions shall run with and bind the land for a term of twenty (20) years from the date , this Declaration is recorded after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the twenty (20) year period by the then Owners of at least ninety percent RB\I I 109.000IIRTRMAP09. lOB 9lO911.2 18 (90%) of the Lots by executing a written instrument effecting said changes and recording said instrument upon the Public Records of~ Seminole County, Florida and thereafter by so recording LQnun instrument signed by not less than seventy-five percent (75%) ;f~ the Lot Owners; provided, however, in no event shall any amendm~t be made to this Declaration without the prior written consent ~f Developer during such time as Developer shall continue to own a~ Lot in the Property. g CJ . U1 Notwithstanding anything to the contrary herein set forth, a~ .&:- amendment which will significantly alter the Surface water ~ Management System shall require the approval of the SJRWMD. coo 0'" C-..) ..." :XC:; - l> r- :0 rn ("') "'00 )>:;0 G).C Fl"l(1) Section 9. Governinq Law. The laws of the State of Florida, Seminole County and the City of winter Springs, as well as the rules of their administrative agencies, now or hereafter in effect are incorporated into this declaration of restrictions and made a part of it. section 10. Municipal Approval of Amendments. Notwith- standing any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. Section 11. Third Party Beneficiary. The City of Winter Springs is a third party beneficiary with the right to legally enforce any part or provision of Article VII hereof. Section 12. Conformi tv wi th Municipal Code. Nothing contained herein permits or authorizes any violations or deviations from the City Code or ordinances of the City of winter Springs, Florida. IN WITNESS WHEREOF, the Developer has caused these presents to be executed as of the date and year first above written. DEVELOPER: sealed and delivered presence of. THE AMERICAN BANK OF~ SOUTH ~ ......~. By: . -, prinVName~rrl6 A. .. Title: 1?-1',~rJV'/)f ....~D //6""0 5~;fe W ~'JLJ!~ J- ,L oc..c...,' S; 1"..q.;v.<Z /)/1- I 6- t? I~ r f::- p~ :5:J-1~ Rl!\1 I ICW\OOOI\RTRMAI'09. 1011 92ll911.2 19 STATE OF FLORIDA COUNTY OF Brevard !''\,) U1 The foregoing instrument was acknowledged before me tiia.,s 19th day of Jaruary , 199' by ltrris A. Ib\e ~aft:) President & 00 of TIE lt1Erican funk of t:l'E S:uth , who executed 5he foregoing instrument and acknowledged before me that he exec~ed the same for the uses and purposes therein expressed and whonis personally known to me or who has produ~dC) if; p"~lly l<rn.n to liE as identific tion and who di~ (did nest)CJ1 taKe an oath. . r- +:- U1 Signature IMffi R. Dingess Name (Printed, Stamped) Typed, or coO 0'" om :Xo )> r- ::0 f"\ n '"t),o )>0,::0 do r1lCl> Title Commiss~on Exoires: ~ NOTARY PUB..ICI nATE OF FLORIDA AT LARGI . l)/If /30/ s~=i::~:,.zWcabl~) 'tY' Dl,O ( SEAL) \\,\ ~ ,u.... "it I; I, / ,,' I, .~. r ~ '" ............. 0'/, '. '/~ <.> ....~c.: ...... ~. . .- r:r:. ~ J ": ". <! 0 "" : D. r ...... 0, (.:;., 6 :"'1 .: /'. ". -;;t- t:;.... .--' ."';....4'..."..... ,;;" PREPARED BY: B&C Corporate Services of Central Florida 380 N. Orange Ave. Suite 1100 Orlando, ~lorida 32801 RETURN TO: Winter Park Holding Company 1150 Louisiana Ave. Suite 5-B WP, FI. 32789 JUlII I 1000OOOIIllTRMAP09. lOB 920911.1 2 0