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HomeMy WebLinkAboutCreek's Run Community Association INC J'\ $\ I .:> .., rJ e' 9-' () ) ,.J "'" ",J) A-' 5 j ~ f ~.. :J . . o -t- ~ c j ~ 'Y - -l \ ..- ~:'RYANN~ ~OF::;: r-, :"~K o~ rt::i'!J;"':'" .~Ij~,~ v ~; ~ I '''I't ~ 1:"\ \J,.~J '. ~ ,'-; '-~~:~ v_I :INIJi.._ :..Jvh: ',:-:_ R~CORDED & VERIFIED IIP~?O ...I l, ~ 1997 OCT 29 AM ID: 23 '-. RECEIV [) NOY n 4 199'7 (f) ....... rTJ :r _ co -- a r- rn (J c a ~ (.ll CITY ()F Vvl~,'rF;:_f< ,:::-:~:.)~<~~~)>~~~~ BUIU)lr~c, IJEt'A" , Mtc.N '-..I (.....:> DECLARATION OF CONDITIONS. COVENANTS. EASEMENTS AND RESTRICTIONS FOR CREEK'S RUN COMMUNITY ASSOCIATION. INC. THIS DECLARATION is made this1- day of Sep , 199] by Hubert R. Earley, whose address is 201 S. Orange Avenue, Orlando, Florida 32801, which declares hereby that the "Properties" described in Article II of this Declaration are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: 1.1 "Assessment" means and refers to a share of the funds required for payment of the expenses of the Association, which funds shall be assessed against a Lot Owner from time to time. 1.2 "Association" means and refers to CREEK'S RUN COMMUNITY ASSOCIATION, INC., a Florida corporation not for profit, w ich is to be incor orated. >' G-e Pe.. ~..s: H~ S Gr,8' #r ~..s. /<.. a ~ I / S ~ I 9ee- p" I cr r:o~ t/"t-/2..~~C-&a. ~::2:2J, I S~ f7~~ 17. ~ ~12-. /J-.R.. is, O~"C "f1'L-O:'~. 1 ~ f)- ~~ ~> I e . ,,-~ ~n~' C" I (', ^ I ., ~. '. ..' '.' I " : V I ~\ L.- :, h '_f: . I, ' -:: ~: dODr; ',;. '~1 ~ , p , : .....1 059 L:. r. ("1 F' SEMINOLe vl. L 1.3 "Board of Directors" means and refers to the board of directors of the Association. c, 1.4 "Common Area" means and refers to all real property (including the improvements thereto) and all personal property owned by the Association and tracts of land, if any, shown or drawn on a Plat as owned or to be owned by the Association for the common use, enjoyment and benefit of the Owners and all property designated as common areas in any future recorded supplemental declaration (but not including any tract dedicated on a Plat to the City of Winter Springs or another public utility provider); together with the landscaping and any improvements thereon, including, without limitation, the Stormwater Management System and all structures, recreational facilities, open space, conservation areas, retention areas, masonry walls, walkways, entrance markers, signs, street lights, streets and entry gate, but excluding any public utility installations thereon. 'Of"""'! C-J '0. -' 1.5 "Declaration" means and refers to this Declaration of Conditions, Covenants, Easements, and Restrictions for Creek's Run Community Association, Inc. as recorded in the Public Records of Seminole County, Florida, and as the same may be amended from time to time. 1.6 "Declarant" means and refers to Hubert R. Earley and his successors and assigns by virtue of such written instruments assigning the rights and obligations of Declarant hereunder which are recorded in the Public Records of Seminole County, Florida. Upon recordation of any such assignment, the initial Declarant shall be released and absolved from any obligations on the part of the Declarant as may arise by or through this Declaration. A Lot purchaser, Lot Owner or Lot mortgagee shall not be deemed to be the Declarant by the mere act of purchase or mortgage of a Lot. 1.7 "Drainage Easements" means and refers to the drainage easements declared and reserved on a Plat. 1.8 "Entitled To Vote" means and refers to that Lot Owner who shall cast a vote for a Lot at an Association meeting. If more than one person or legal entity shall own any Lot, the Owners thereof shall determine among themselves who shall be the Member Entitled To Vote. Said determination shall be manifested upon a voting certificate, signed by all Owners of said Lot, and given to the Association Secretary for placement in the Association records. Notwithstanding anything contained herein to the contrary, all Lot Owners whether Entitled To Vote or not are assured of all other privileges, rights, and obligations of Association membership and shall be Members of the Association. In no event shall any mortgagee or other party holding any type of security interest in a Lot or 2 e . :;::- C" i r" I ;::-:-~"";J 'I r:, ....) I : I V I ,., _ ,'.. ,_, '. ) . '- ._ DODr; :,,~-: ') f n ",' , '-' ("}':Q5 :.J ,J ~ '- S~~1INOLE CO. FL the Residence constructed thereon be Entitled To Vote for purposes hereof, unless and until any of said parties obtain or receive fee simple title to such Lot. 1.9 "Institutional Lender" or "Institutional Mortgagee" means and refers to a bank, savings and loan association, insurance company, mortgage company, real estate investment trust, pension fund, pension trust, or any other generally recognized institutional-type lender or its loan correspondent, the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), the Federal Housing Administration (FHA) or the Veteran's Administration (VA) and to any successor or assignee thereof. 1 .10 "Lot" means and refers to any Lot on a Plat of portions of the Properties, and any other property hereafter declared as a Lot by the Declarant and thereby made subject to this Declaration. 1.11 "Member" means and refers to all those Owners who are Members of the Association as provided in Article III hereof. 1.12 "Owner" means and refers to the record owner, wh~therone or more persons or entities, of the fee simple title to any Lot situated upon the Properties. 1.13 "Plat" means and refers to all of Creek's Run, according to the plat thereof as recorded in Plat Book 5 3 , Page 1.::3 of the Public Records of Seminole County, Florida, together with any plat of additional land made subject to this Declaration and to the jurisdiction of the Association. 1 .14 "Properties" means and refers to all of the properties as described in Section 2.1 of this Declaration, and additions thereto, as are now or hereafter made subject to this Declaration and to the jurisdiction of the Association, except such as are withdrawn from the provisions hereof in accordance with the procedures hereinafter set forth. 1.15 "Residence" means and refers to any residential building constructed on a Lot for which a certificate of occupancy has been duly issued. 1.16 "Surface Water or Stormwater Management System" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges. 3 e e~ -I ~,. ~ ,.. ~ .' " n r _ I.. I'."! ~-" \." '." t/ ' I ) ; V I K '- . \.. ......' 'I \.~ . U 0 0 r:, :-. ^,,: ~- .~ 'i ! 8 0596 SEMINOLE CO. FL ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO 2.1 Legal Description. The real property which, initially, 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: All of Creek's Run, according to the plat thereof as recorded in Plat Book _, Page _ of the Public Records of Seminole County, Florida. all of which real property, and all additions thereto, is herein referred to collectively as the "Properties". ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 3.1 Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section 3.1, any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member of the Association. Membership in the Association shall be appurtenant to each Lot and may not be separated from ownership of said Lot. The record title holder to each Lot shall automatically become a Member of the Association and shall be assured of all rights and privileges thereof upon presentation of a photostatically or otherwise reproduced copy of said Owner's deed to the Association Secretary for placement in the records of the Association. To the extent that said deed shall pass title to a new Lot Owner from an existing Lot Owner, membership in the Association shall be transferred from the existing Lot Owner to the new Lot Owner. In no event shall any mortgagee or other party holding any type of security interest in a Lot or the Residence constructed thereon be a Member of the Association unless and until any of said parties obtain or receive fee simple title to such Lot. 3.2 Voting Rights. The Association shall have two (2) classes of voting membership: Class A. Class A Membership shall be all Owners of Lots (except the Declarant and its successors and assigns as long as the Class B membership shall exist, and thereafter, shall be Class A Members to the extent each would otherwise 4 e :\'("10/ ^' :: ;~",,;)'1-~ ;:;a1.Vlt'~ . -.',"" ,- - 4-9/-; ~'. i ~ ' ~ jl8 0597 SE~'mWLE CD. FL qualify). Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised only by that one person who is Entitled To Vote. In no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot owned by the Class B Member. The Class B membership shall cease and terminate upon the earlier to occur of the following: (i) August ,2006; (ii) at such time as seventy-five percent (75%) of the maximum number of Residences allowed for the Properties and Additional Properties have been conveyed to Class A Members, or (iii) sooner at the election of the Declarant, whereupon the Class A Members shall be obligated to elect the Board of Directors and assume control of the Association. Upon termination of the Class B membership as provided for herein, the Class B membership shall convert to Class A membership with voting strength as set forth above for Class A membership. 3.3 General Matters. When reference is made herein, or in the Articles of Incorporation, Bylaws, Rules and Regulations, management contracts or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majority or specific percentage of the votes of Members Entitled To Vote and not of the Members themselves. ARTICLE IV. PROPERTY RIGHTS IN THE COMMON AREAS: OTHER EASEMENTS 4.1 Members Easements. Each Member, and each tenant, agent and invitee of such Member or tenant, shall have a nonexclusive permanent and perpetual easement over and upon the Common Area for the intended use and enjoyment thereof in common with all other such Members, their tenants, agents and invitees, in such manner as may be regulated by the Association. Without limiting the generality of the foregoing, such rights of use and enjoyment are hereby made subject to the following: A. The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Area and facilities in compliance with the provisions of this Declaration and with the restrictions on the Plats of portions of the Properties from time to time recorded; 5 e _ .-~~~,",nro ,'I c- C ~ ! '~"":, I ',"' : I, '-, V I ; I "-"~ '-' . ,. \...; 30er; .' -: ,-, 'J ! 0 '...- i :..... Or:nn I, .... -, rJ \ u ~ ,~ SE 11NOLE CO. FL B. The right of the Association to suspend the Owner's voting rights for any period during which any Assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of lawfully adopted and published rules and regulations; C. The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Lots and Common Area and all facilities at any time situated thereon, including the right to fine Members as hereinafter provided. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration; and D. The right to the use and enjoyment of the Common Area and facilities thereon shall extend to all permitted user's immediate family who reside with him subject to regulation from time to time by the Association in its lawfully adopted and published rules and regulations. 4.2 Easements Appurtenant. The easements provided in Section 4.1 shall be appurtenant to and shall pass with the title to each Lot. 4.3 Maintenance. The Association shall at all times maintain in good repair and manage, operate and insure, and shall replace as required, the Common Area and the sign and landscaping located on the east and west corners of the subdivision entrance at the intersection with State Road 434, together with the paving, drainage structures, masonry walls, lighting fixtures and appurtenances, landscaping, sprinkler systems, entrance markers, signs, improvements and other structures installed by the Declarant or the Association situated on the Common Area or located at the intersection of the subdivision entrance at State Road 434, with all such work to be done as ordered by the Board of Directors of the Association. In order to maintain, manage and operate the Common Area, and such appurtenances as are described above, the Association shall have the right and authority to enter into such contracts or agreements as the Board of Directors of the Association deem appropriate. Maintenance of any lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. Without limiting the generality of the foregoing, the Association shall assume all of Declarant's responsibility to the City of Winter Springs of any kind with respect to the Common Area and shall indemnify and hold the Declarant harmless with respect thereto. In addition, the Association shall be responsible for the maintenance, operation and repair of the surface water or stormwater management system. Maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface 6 e .''-1(''11' ~,r-" l~ ," . r Iv; M..._ ,'~:__ :.' ~ , .;, "} DOOr: ',\ .~ 3 , 8 0599 SEMINOLE" CO. FL water or stormwater management capabilities as permitted by the St. Johns River Water Management District. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted or, if modified, as approved by the St. Johns River Water Management District and the City of Winter Springs. Each Owner shall be responsible for the maintenance, replacement, and repair of all walls, gates, paving, structures and improvements located on his Lot, other than those specifically provided to be maintained by the Association. All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through Assessments (either general or special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for Assessments by non-use of the Common Area or Lots or abandonment of the right to use the Common Area. ~j:{- 4.4 ( Utility EasementsYhe ~~9s;19tj9-':L~91~.J.h?_rjgblJQJl[ant permi~, ~nse~, a~~~~~ents OJ'-~I._~~._C0I]1rT},9,!l.~reaJor_~t.[!ttt~.~ r2ad~, an~g!b~!:'purpose"s_ reasonably necessary or useful for the proper maintenance or operation of the Properties. In addition, easements over, upon, under, through and across the Common Area are reserved to the Association and the Declarant, and may be declared or granted from time to time by the Declarant during any period that the Declarant shall own at least one (1) Lot, for such further utility, egress, ingress, or drainage easements over and across the Properties as may be required from time to time to serve any other or additional lands during the course of development of same, whether such additional lands become subject to the jurisdiction of the Association and part of the Properties or not. Regarding any easement declared by the Declarant, the joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required. 4.5 Drainage Easements. Drainage Easements have been declared and reserved as shown on and created by the Plat. E.9.1J.Q.~er"20fi!.oYJ,.Q!.encumbered by a Drainage Easement upon which a ~!n.~9.~_~~~-'2~9:!~~sh~L~e_~9l~.!v_~~p_ql1.?11;>1e ~~~_.!..epajr, r~pl~~_~~.~_~t, a ~~..'!l.~Lr1Jenance..QL~Ll,LG.!lJjI9iD~9.~._~~91e. _ Alteration, obstruction or removal of any drainage swales or drainage control facilities or structures is expressly prohibited. In the event any Owner fails to repair, replace and maintain any drainage swales, or alters or obstructs any piping, drainage swales, facilities or structures, the Association may repair, replace and maintain such drainage swales, facilities and structures and assess such Owner for the costs and expenses incurred in order to accomplish the foregoing. Each Owner hereby grants an easement and license to the Declarant and the Association over, upon and across such Owner's Lot in order to facilitate and accomplish the foregoing. Further, no Owner shall place, erect or construct any 7 e "'~C",r_ :-J'_. ; J-' I) ur I ivW' ::-:~~'.~~' BOG' . . ') 1 ! 0 6 Ci 0 "".l SE INGLE CD. FL improvements or otherwise permit anything to occur within any Drainage Easement area which would in any way effect said Drainage Easement or any swale, pipe or drainage control facility or structure located therein or thereon, unless, in the event of construction of any improvements, such improvements have been approved by Declarant or the ARB (as hereinafter defined). ~~~o~!Jim.!!l!JfLtb~JQ[eg..QLlJg tb.~L~?~ggj9Jj9n..~haJL_baveg_.j:2efJ?~t\J.gLnQn:e~gLlJ~jy~___ easement 0\(~IalLBIeas--Ofjhe_s.urf.ace_water.._gL$19.l.mwater _m~D_~~~l!.~~_?J~Q.!._.fQr ", ~~Jo .9i~!~!~J._l1lgiD.tain-or_JepgjrJh~_?y~t~_rns. By this easement, the Association shall have the right to enter upon any portion of any lot which is a part of the surface water or stormwater management system, at a reasonable time and in a reasonable manner, to operate, maintain or repair the surface water or stormwater management system as required by the St. Johns River Water Management District permit. Additionally, the Association shall have a perpetual non-exclusive easement for drainage over the entire surface water or stormwater management system. No person shall alter the drainage flow of the surface water or stormwater management system, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District and the City of Winter Springs. . ....... 4.6 Ownership. As shown on the Plat, the Common Area is hereby dedicated non-exclusively to the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of the Properties and such Owners' tenants, guests and invitees. Prior to conveyance of any Lot to a Class A Member, the Common Area shall be conveyed to the Association, which shall accept such conveyance. Beginning on the date this Declaration is recorded, the Association shall be responsible for the maintenance of the Common Area (whether or not then conveyed or to be conveyed to the Association), such maintenance to be performed in a continuous and satisfactory manner. It is intended that all real estate taxes, if any, assessed against that portion of the Common Area owned or to be owned by the Association shall be proportionally assessed against and payable as part of the taxes of the Lots within the Properties. However, in. the event that, notwithstanding the foregoing, any such taxes are assessed directly against the Common Area, the Association shall be responsible for the payment of the same, including taxes on any improvements and any personal property located thereon, which taxes accrue from and after the date this Declaration is recorded. The Common Area cannot be mortgaged or conveyed without the approval of two- thirds (2/3) of each class of Members voting at an annual or special meeting of the membership of the Association. The Stormwater Management System (as a system) shall not be mortgaged. 8 e '"'\r-r-I- t ._' _' '.' 1-... 0:- ~ i_~.~ ~.-: :':~.'= 30 ,r~ -\ ~ -) ..... 8 n:::,n\ '.J '.....) ,-I S MINGLE CO. FL 4.7 Conservation Easements. Declarant reserves the right to grant conservation easements and development rights to qualified grantees, including without limitation the St. Johns River Water Management District, over, upon and across the Common Area. 4.8 Declarant Offices. Notwithstanding anything herein to the contrary, but subject to approval by the City of Winter Springs if required by its laws and ordinances, the Declarant shall have the specific right to maintain upon any portion of the Properties administrative, hospitality, marketing, information, construction, and other necessary offices (upon payment of appropriate fees), and appropriate easements of access and use are expressly reserved unto the Declarant and its successors, assigns, employees and contractors, for this purpose. ARTICLE V. ASSOCIA TION-COVENANT FOR MAINTENANCE ASSESSMENTS 5.1 Creation of the Lien and Personal Obligations of the Assessments. Except as provided elsewhere herein, the Declarant (and each party joining in this Declaration or in any supplemental declaration), for all Lots within the Properties, hereby covenant and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Assessments or charges for the maintenance, management, operation and insurance of the Common Areas and other properties that may be otherwise used for the benefit of the Properties as provided elsewhere herein, including such reasonable reserves as the Association may deem necessary, capital improvement Assessments, as provided elsewhere herein and all other charges and Assessments hereinafter referred to, all such Assessments to be fixed, established and collected from time to time as herein provided. In addition, individual assessments may be levied against particular Owners and Lots for expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special and other Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the Assessment fell due. Except as provided herein with respect to individual Assessments which may be imposed on one or more Lots and Owners to the exclusion of others, all Assessments imposed by the Association shall be imposed against all Lots subject to its 9 e - - (- ~-.,,,,- "t:' r ,I ,) - , '!..... j '...., V I ; i... ~',~. . ~. '- ~, .'...... " 80' ..; , ,... .., v nr.:,n? '.J ..J -' - 'l ~ 8 jurisdiction equally. Reference herein to Assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned. 5.2 Purpose of Assessments. The regular Assessments levied by the Association shall be used exclusively for maintenance, repair, renovation, and construction upon the Common Areas, and the maintenance and repair of such other properties as may be used for the benefit of the Properties, as specifically provided herein, capital improvements, reserves, operating costs of the Association and to promote the health, safety, welfare and aesthetics of the Members of the Association and their families residing with them, their guests and tenants, all as provided for herein. Without limiting the foregoing, the regular Assessments shall also be used for the maintenance and repair of the surface water or stormwater management systems including but not limited to work within retention areas, drainage structures and drainage easements. 5.3 Reserves for Replacement. The Association shall be required to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Area. The reserve fund shall be funded from annual Assessments. 5.4 Working Capital. Upon the initial closing of the sale or the occupation of a Residence, the buyer (or Owner) of such Residence shall pay to the Association an amount equal to one-sixth (1/6) of the annual assessment of the Association for such Lot, which amount shall be maintained in an account by the Association as working capital for the use and benefit of the Association. Said amount shall not be considered as advance payment of annual Assessments. 5.5 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the minimum annual assessment shall be THREE HUNDRED SIXTY AND NO/100 DOLLARS ($360.00) per Lot and the maximum annual assessment shall be FOUR HUNDRED EIGHTY AND NO/100 DOLLARS ($480.00) per Lot. A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year, upon approval by a majority of the Board of Directors without a vote of the Membership, by an amount not greater than fifteen percent (15%) above the maximum assessment for the previous year. B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be 10 e _ '-.;-~ l"~' ' :1 . I 1\, .. '.' . J" , . v P U I M ~ ;, - '-' ~ .' . ::om.; F'\ '8 i ,_ EMIHOlE. CO. FL n("("f) ;-, , . . J t....J .... >-) increased by an amount greater than fifteen percent (15%) above the maximum assessment for the previous year, as hereinabove provided, upon approval of two-thirds (2/3) of each class of Members voting in person or by proxy at a meeting duly called for such purpose. C. The Board of Directors may fix the annual Assessment at an amount not in excess of the maximum. 5.6 Exterior Maintenance. The Owner of each Lot shall maintain the exterior of the Residence and the Lot at all times in a neat and attractive manner and as provided elsewhere herein. Upon the Owner's failure to do so, the Association may at its option, after giving the Owner thirty (30) days' written notice sent to his last known address, or to the address of the subject premises, perform such reasonable maintenance and make such repairs as may be required to restore the neat and attractive appearance of the Lot and the exterior of the Residence located thereon. The cost of any of the work performed by the Association upon the Owner's failure to do so shall be immediately due and owing from the Owner of the Lot and shall constitute an individual Assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. No bids need to be obtained by the Association for any such work and the Association shall designate the contractor in its sole discretion. 5.7 Capital Improvements. Funds which are necessary for the addition of capital improvements (as distinguished from repairs and maintenance) relating to the Common Area or other properties used for the benefit of the Properties and which have not previously been collected as reserves or are otherwise available to the Association shall be levied by the Association as special Assessments only upon approval by two-thirds (2/3) of each class of Members voting in person or by proxy at a meeting duly called for such purpose. 5.8 Notice and Quorum for Any Action Authorized Under Sections 5.5 and 5.7. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.5 or 5.7 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 or of proxies entitled to cast sixty percent (60%) of all the votes of each class of Membership shall constitute a quorum. If the required quorum is not present, another meeting may 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. 11 e e -~"'l"""~ Ie' 'I .""" .' '" j M ~ "h '_':_/1, '"; ,'_ ~rn,,' ., ~....i\,) ...... , \ 118 Or n I b \) .~ SEMINOLE CO. FL 5.9 Date of Commencement of Annual Assessments: Due Dates. The annual Assessments provided for in this Article shall commence on the first day of the month next following the conveyance of Common Area to the Association and shall be applicable through December 31 of such year. Each subsequent annual Assessment shall be imposed for the year beginning January 1 and ending December 31. The annual Assessments shall be payable in advance by one (1) annual payment, or by monthly, quarterly or biannual installments in the discretion of the Board of Directors of the Association. At the time of the closing of the sale of any Lot, the purchaser thereof shall pay to the Association an amount equal to the lesser of: (i) the full annual Assessment multiplied by a fraction, the numerator of which is the number of days remaining in the year of closing (including the date of closing) and the denominator of which is 365 or (ii) the portion of the full annual Assessment otherwise due and owing for the remainder of the year. The due date of any special Assessment shall be fixed in the Board resolution authorizing such assessment. 5.10 Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Assessment against each Lot subject to the Association's jurisdiction for each assessment period, to the extent practicable, at least thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster of the Lots and Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the Assessment shall thereupon be sent to every Owner subject thereto thirty (30) days prior to payment of the first installment thereof, except as to emergency Assessments. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an Assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of any Assessment to the Association therein stated to have been paid. The Association may charge a reasonable fee for such certificate. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more persons, firms or corporations (including affiliates of the Declarant) for management services or for other services beneficial to the Association or the proper operation and maintenance of the Properties. The Association shall have all other powers provided elsewhere herein, in its Articles of Incorporation and its Bylaws. 5.11 Effect of Non-Payment of Assessment: the Personal Obligation: the Lien: Remedies of the Association. If the Assessments (or installments), whether general or special, are not paid on the date(s) when due (being the date(s) specified herein), then such Assessments (or installments) shall become delinquent and shall, together with late 12 e __ ~ r- n .~ -, " " . I C! ~ I .~ '-' "" " ..., I IM>--.. .' "- ~ n (V,.. ~ cUV \ 1"'1l~ ~ 3 I 8 0 ;J.' J SEMINOL~ CD. FL charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such property. Each Assessment against a Lot shall also be the personal obligation of the Owner at the time the Assessment fell due. If any installment of an Assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than FIFTY AND NO/100 DOLLARS ($50.00) may be imposed and all such sums shall bear interest from the dares w~~e anti! paid at the higtTesfTaWfurrate'anatFie7\sso'cTatlon=rTIay.brmg-an:?cHon at . "-- _.~~"- law against the Owner(SfpersclllaHy~ehHgatedtepay.the'same or may record a claim of lien against the Lot on which the assessments and late charges are unpaid or may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively. In any such action or actions, the Association shall also have the right to recover its attorneys' fees (including paralegal fees) and costs, whether incurred before trial, at trial and upon all appellate levels. In addition to the rights of collection of Assessments stated in this Section, any and all persons acquiring title to or an interest in a Lot as to which the Assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Area until such time as all unpaid and delinquent Assessments due and owing from the selling Owner have been fully paid and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all Assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section 5.12 of this Article. It shall be the legal right of the Association to enforce payment of the Assessments hereunder. Failure of the Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder. 5.12 Subordination of the Lien. The lien of the assessments provided for in this Article shall be subordinate to the lien of any first mortgage to any Institutional Lender and which is now or hereafter placed upon any property subject to Assessment; provided, however, that any such mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment coming due after such foreclosure (or conveyance in lieu of foreclosure), Any unpaid Assessment 13 ~\! nv \~ -0...' , e AI C I A L ::' [",,:i:: '-,' ~ i ;..'.""'- 8000.:, ' , '. .' ') I q . .,J I V n~nc, !.J -' ~ '.. SEMIHOLE CO. Fl.. which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and a lien against all Lots subject to Assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. 5.13 Collection of Assessments. The Association shall collect the Assessments of the Association. 5.14 Effect on Declarant. Notwithstanding any provision that may be contained to the contrary in this Declaration, or the Articles of Incorporation or Bylaws of the Association, for as long as Declarant or its successors or assignees, from time to time, is the Owner of any Lot on which a Residence has not yet been constructed, the Declarant shall be liable for the full Assessments against each Lot so owned; provided, however, the Declarant, in its sole discretion, may elect in any given assessment year, in lieu of payment of the full Assessments for each such Lot, to pay the amount of any deficits incurred by the Association for expenses incurred in excess of the amounts collected as Assessments. For purposes hereof, the existence, or nonexistence of a deficit for the Association shall be determined on cash basis accounting instead of accrual basis. When Declarant has sold and conveyed all its Lots in the Properties, Declarant shall not have further liability of any kind to the Association for the payment of Assessments or for funding any deficits of the Association. 5.15 Trust Funds. The portion of all regular Assessments collected by the Association for reserves for future expenses, and the entire amount of all special assessments, shall be held by the Association for the Owners of all Lots, as their interests may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the deposits of which are insured by an agency of the United States. 5.16 Escrow of Reserve Account. Notwithstanding anything contained herein to the contrary, Declarant agrees to escrow the portion of the annual Assessment allocated to reserve accounts for the benefit of the Members (which reserve account shall not be less than 10% of the total annual Assessments collected). The Declarant shall turn over the escrowed funds to the Association at the time the Class B Membership shall cease and be converted to Class A Membership. In no event shall Declarant be obligated to fund the reserve account except as may be provided under paragraph 5.14 herein. 14 e ac-~IC' ^, ;),-r',,;';'lC: I ~I I ir~~ .,..j",)"......-...... . aoO":,:'~: "11 8 0507 SEMINOLE CO. FL ARTICLE VI. CERTAIN RULES AND REGULATIONS ~ 6.1 Land Use and Building Type. No Lot shall be used except for residential V" purposes. No building constructed on a Lot shall be used except for residential purposes. No business, commercial, industrial, trade, professional or other non-residential activity or use of any nature or kind shall be conducted on any Lot. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Residence. Temporary ..l:!.~~~-Ey Declarant for model homes, marketing, offices, parking lots, constructiOnoffices and other offices, or anyone or combination of such uses, shall be permitted until ~rrllgD~Lce.s.satLQD_~L~~ch uses takes place. l!Su~tH:U]g.e~m'!Yi>e made in buildings erected by the Declarant (except if sUcnqchar'-ges are made by the Declarant) without the consent of the Architectural Review Board as provided herein. ____m_______,.. --.~ ----~-~._~--'"-.__._,~-~.,~. -'~~' .....__.~-.., .-.-,.."-, --.-<,--_.. - .--. ---, 6.2 Opening Walls: Removing Fences or Landscaping. ti~LQ\Nner shall make .,.- ." '_.~---._-,._._,,_.__.,"--..... .-._.. '. .--11/I (~!:JH~rmlL~rJy. 9pening to bemadem_any.Dedarantor Association~~ct~~L~~I, excepTas such opening is installed by Declarant or the Association. No such building wall or masonry wall or fence, or any associated landscaping or buffer improvements, shall be demolished or removed without the prior written consent of the Declarant and the Architectural Review Board. Declarant shall have the right but shall not be obligated to assign all or any portion of its rights and privileges under this Section to the Association. 6.3 Easements. Easements for installation, replacement, connection to, disconnection from, and maintenance of utilities are reserved as shown on the recorded Plats covering the Properties and as provided herein. Within these easements, no structure, planting or other material may be placed or permitted to remain without approval of the City of Winter Springs. The area of each Lot covered by an easement and all improvements in the area shall be maintained continuously by the Owner of the Lot, except as provided herein to the contrary and except for installations for which a public authority or utility company is responsible. The appropriate water and sewer authority, electric and gas utility company, telephone company, the Association, and Declarant and their respective successors and assigns, shall have a perpetual easement for the installation, replacement, connection to, disconnection from, and maintenance, all underground, of water lines, sanitary sewers, storm drains, gas and electric, telephone and security lines, cables and conduits, under and through the utility and drainage easements, as the case may be, as shown on the Plats. Declarant and its designees, successors and assigns, shall have a perpetual easement for the installation and maintenance of cable, radio, television and security lines within utility easement areas shown on the Plat. All utility lines within the Properties, whether in street rights-of-way or utility easements, shall be installed and maintained underground. 15 . a :l c- ~ Ie' ^ L ;):~ i", r[ -:: .,-U,: .itl .....,... ,,~. Boor; ~" l11r-l ~.. ~ t..J 0608 SEMINOLe- co. FL 6.4 Nuisances. No noxious, offensive or unlawful activity shall be carried on upon or about the Properties, nor shall anything be done thereon which may be or may become an annoyance or nuisance to other Owners. ~-6.5 Temporary and Other Structures. No s_tr~~~.re of a tempor~ charact~r, or ~orag~~d, U~~Md or slmlLQI~tLl:!f!gre, gr~.fl.QIJ~~~,1rai1eL tel!!:.r.mo~ome, ~, h_Qme, or recreationa LY..eblcJ.e,-~~.er.mltte(L.onlha.J?J.opert~~l._C![l.Y_tim~_J~LthgL ie.mPora!ily_..Qf~a_neQ.!lY, excePfo'rrneDeclaranraurTng construction. F urttier~-noneoT -said items m'ay'be'-usecraS1i residence. ~E~~nk,gas con,!?l!l~L..QLg.asj;YHnQ~r ~II ~fmitteduto-be-.placed-,on,oL.abouUhe.-e~~Ea:niRes.menC~--9LQ.n,QLeJ?E~La.:1}J ancillary building, unless approved by the Architectural Review Board, and if approved must be buried or screened and enclosed by a gructure,c:lPPf.D\Led by the Architectural Review Board. -----------'- ,,-~--_.- 6.6 Signs. ~~,9D_of any kind shall be displayed to the public view on the Properties, except any sign used by the Declarant to advertise the company or builder, project, sales or other matters during the construction and sales period. ~o _~L9.!:1._~~_~ kind shall bey,ermittedJQ"be placed inside a home or on the outside walls of the home so asto be 'visible from the exterior or on any fences on the Properties, nor on the Common Area, nor on dedicated areas, if any, nor on entryways or any vehicles within the Properties, except such as are placed b,y_the Declarant. Provided, however, one (1) discreet, professionally preparecffFor' Salel sign of not more than three.fll.?_g_~91~_f~~t may be placed on the street side oTtneTor,-subject to prior approval by thefficnlfec1UFal Review Board. 6.7 Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the Properties, nor on dedicated areas, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in the Properties. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. 6.8 Animals and Pets. No reptiles, livestock, poultry or animals of any kind, nature or description shall be kept, bred or raised upon the Properties, except for dogs, cats, birds or other usual or customary household pets which may be kept, raised and maintained upon the Properties, provided that the same are not kept, raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association, in the exercise of their reasonable discretion. Numbers in excess of two (2) of each type of household pet (other than aquarium-kept fish) shall prima facia be considered unreasonable. Notwithstanding the foregoing, no such reptiles, 16 e ..... r- C I (' 1 ^! :) C;' --.,;:, ,- :.: ej:Jrt"~ "'., -,~. ~318 0509 SEMIHOLE CD. Fl.. animals, birds or other pets may be kept, raised or maintained on the Properties under circumstances, which, in the good faith judgment of the Declarant or the Association, shall constitute an unreasonable annoyance, hazard, or nuisance to residents in the vicinity or an unreasonable interference with the comfortable and quiet use, occupation and enjoyment of other Lots or portions of the Properties. %- 6.9 Architectural Control. ~~~~, additiCln, w,9J1 addITion, fence or other structure or improvement of any nature or kind (including mailboxes, landscaping and exterior paint and finish) ~halL.Q~_._~reJ:;t~:~ P.l.aced or j!1!~E3j:l on any Lot until the construction plans and specificaTIons anda plan snoWing the-TOcation of the structure and landscaping, or composition of the materials used therefor, as may be required by the Architectural Review Board (sometimes referred to herein as the "ARB") have been --..-----...- aE~~jn-.wriling.J2Y__th..~ ~~c..~it~E~~~~1 Review .~~~_~~._.!.1...amed below and all necessary governmental permits are obtained. Each-5-ullarng., addition, wall, fence, mailbox or other structure or improvement of any nature, together with the landscaping, shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved and applicable governmental permits and requirements. The Architectural Review Board shall have the right, in its sole and absolute discretion, to refuse approval of plans, specifications and plot plans, or any of them, based on any ground, including purely aesthetic grounds. Any change in the exterior appearance of any building, wall, fence, mailbox or other structure or improvements, and any change in the appearance of the landscaping, shall be deemed an alteration requiring approval. The Architectural Review Board shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this Section" So long as the Class B Membership exists, the ARB shall be appointed by the Declarant. Thereafter, the Architectural Review Board shall be a committee composed of or appointed by the Board of Directors of the Association. During the period in which the Declarant appoints the membership of the ARB, the ARB shall have three (3) members. At such time as the Board of Directors appoints the ARB members, the ARB shall have any number of members, but never less than three (3), as deemed appropriate by the Board of Directors. The address of the Architectural Review Board shall be the address of the Declarant or the Association, depending on which party appoints its membership. The Board of Directors of the Association and the ARB may employ personnel and consultants to assist the ARB at the expense of the Association. The members of the ARB shall not be entitled to any compensation for services performed pursuant to this Declaration. The Architectural ~iew Boa[~!..Qn sul2.~l~si2.fl~. tq.J!,.2L~L1asUurilie!:~ion. WIib1n:. t~irtYJ~_QL9a~ after receipt of the same (and all further documentation required) or else ...-----_'__ ____.M.._____.,____..__...__.....'''............'''.....__,,__,_,'___"_"_",__. ~ ~G~.._~_~-v g 4-c~..s ~ .---- r2- f;~ fl- .. ~~ (.. C7-<; ~ ~ D 17 uv-'"V I' 47.,1(,/,5 /?4r:. 0;:- (~). . ..-.,..-----~._~."".,..,. l,.j nIl ",:; '.J ' , ., (\ (,.-;"7 :"i \^J, ~ ~ \ ~~!i'" t 1 /V01& .' ,.,..X V~I~C&/ /' ~.... / ,../// 'L __n_ -- e 'C\C!~I :{,-r:,r:~,: t I j-4, L . 0_ _,'J '.,'~, - dOOK . ~3!8 0610 SEMINOLE CO. FL the request shall be de~med.a.pp[QY.eQ.. The foregoing provisions regarding ARB approval shall not be applICable to the Declarant or to construction activities conducted by the Declarant. Notwithstanding anything herein to the contrary, the ARB, cannot approve anything in conflict with the City Code. ; The Declarant, ..if..g>~~Je.nLwi1b~~lty__Qode~ r:nay grant varl.g..oces ~s to the restrictions, conditions anarequTfemenfs-sel'l6ffilTn1his Declaration so long as, in the judgment of the Declarant, the noncompliance for which the variance is granted is not of a substantial nature and the granting of the variance shall not unreasonably detract from the use and enjoyment of adjoining Lots and the Properties. In no event shall the granting of a variance in one instance require the Declarant to grant a similar or other type of variance in any other instance, it being understood that the granting of variances from the restrictions, conditions and requirements of this Article shall be in the sole and absolute discretion of the Declarant, subject to compliance with City Codes. The Architectural Review Board and any and all officers, directors, employees, agents and Members of the Association shall not, either jointly or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever, by reason of or on account of any decision, approval or disapproval of any plans, specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section of this Declaration, or for any mistake in judgment, negligence, misfeasance, or nonfeasance related to or in connection with any such decision, approval or disapproval, and each Owner by acquiring title to any Lot or interest therein, shall be deemed to have agreed that he or it shall not be entitled to and shall not bring any action, proceeding or suit against such parties. 6.10 Exterior Appearances and Landscaping. The paint, coating, stain and other exterior finishing colors on all Residences and masonry walls may be maintained as that originally installed, without prior approval of the Architectural Review Board, but prior approval of the Architectural Review Board shall be necessary before any such exterior finishing color is changed. 6.11 Commercial Trucks. Trailers. Campers and Boats. With the exception of non- commercial trucks with 3/4 ton capacity or less, no trucks or commercial vehicles, or campers, mobile homes, motorhomes, house trailers or trailers of every other description, recreational vehicles, boats, boat trailers, horse trailers or vans, shall be permitted to be parked or to be stored at any place on the Properties, nor in dedicated areas, unless same shall be parked or stored entirely within and fully enclosed ~~~.~~~rohibition ;''' 'F~, i~~;..... -'.,'.,,_,.' '.'"~.... [-', ,~. .. ',._,~ . '- 18 rJ n V ': Clr'- ~ .. ~ ~, ! j e a Ot:"t:"IC' ^ I :)C'~,';)"'I:::: .. ., 1""',,- ;,.- -' -"._~' 3001':, - . - r~ 1 l 8 0 6 I I SEMINOLE CO. FL. of parking shall not apply to temporary parking or trucks and commercial vehicles, such as for pick-up and delivery and other commercial services, nor to non-commercial vans for personal use which are in acceptable condition in the sole opinion of the Board of Directors (which favorable opinion may be changed at any time), nor to any vehicles of the Declarant or those required by any builder during construction on any Lot. No on-street parking shall be permitted. In the event any provision of this covenant is breached, the Declarant or the Association may have said truck, commercial vehicle, camper, mobile home, motorhome, house trailer, other trailer, recreational vehicle, boat, boat trailer, or horse trailer towed from the Properties at the Lot Owner's sole cost and expense, and an individual Assessment may be levied therefor against such Owner. 6.12 Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. The requirements from time to time of the applicable governmental authority for disposal or collection of waste shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. All garbage and trash containers and their storage areas and the like shall be kept within a garage, placed inside an enclosure approved by the Architectural Review Board, or behind opaque walls attached to and made a part of the Residence on each Lot, and otherwise in conformity with applicable rules, regulations and approvals. Such containers may not be placed out for collection sooner than the night prior to scheduled collection and must be removed within the night of collection. 6.13 Fences. No fence, wall or other similar structure shall be erected on any Lot unless the materials therefor and color thereof are in accordance with such standards as may be adopted by the ARB and the location and dimensions thereof are approved by the ARB. The ARB shall have~the right to adopt such standards as it deems advisable in regard to the location and height of and colors and materials for any fences installed within the Properties. In no event shall any wall or fence exceed six (6) feet in height. Further, in no event shall any fences forward of the ~_?_~t_b_uilding lin~_~.~~_~~~=_!o~~J~:Lf~~fif1..b.~tg!1.1 6.14 Mailboxes. No mailboxes or similar improvement shall be installed on any Lot unless the location thereof has been approved by the ARB and the materials therefor and color thereof have been approved by the ARB and are in accordance with such standards for materials and colors as may be adopted by the ARB. All mailboxes shall satisfy U.S. Post Office regulations when they are installed. Breakaway mailboxes are encouraged. 6.15 No Drying. To the extent lawful, no clothing, laundry or wash shall be aired or dried on any portion of the Properties which is visible from the adjacent Lots, or the streets, or any other adjoining portion of the Properties. 19 e -;CICIII! pc :'il?rls... .: I~'l.-"'-.' ...... :::In(l'' . I" I... -' -' r". ~: '1 ! ~ .. . I..; 0612 SEMINOLE CO. FL 6.16 Unit Air Conditioners and Reflective Materials. No air conditioning units may be mounted through windows or walls or on any roof. Central air conditioning units shall be screened from view by such walls and/or landscaping as may be approved by the ARB. No building shall have any aluminum foil placed in any window or glass door or any reflective substance or other materials (except standard window treatments) placed on any glass, except such as may be approved by the Architectural Review Board for energy conservation purposes. 6.17 Exterior Antennas. N~?xteriQ_La.fJ.1~nna_~ misrowa~J~~I]~S, satellite antennas, mig!o~~Y~Ldis.h.....s.ill~-'Ji!~ dishjwithJhesote--e}(~_n_nof an 18" or smaller s~tellite dish.which is not subje~~~()~bi~""J~_?.trif!L9JllLJr~rl~gug~r~.,.2LsIgnarampIificatiQIJ_ systems for use in connecti6'r, with television or radio equipment or the like shall be permitted on any Lot or improvement thereon, except that Declarant shall have the right to install and maintain community antenna, microwave antenna, dishes, satellite antenna and radio, television and security lines. 6.18 Chain Link Fences. till_chainlinkJences shall be permitted on any Lot or portion thereof, unless installed by Declarant during construction periods or around any retention or detention areas as required by the City of Winter Springs. 6.19 Recreational Facilities. N()_.!~~~.Qg!J~?~, or skate board or bicycle ramps shall be constructed or placed upon fhe Properties. Basketball goals may be permitted, subject to the approval of the ARB as to the type of equipment to be installed and the location thereof. 6.20 Garage. Each Residence shall have a garage large enough to accommodate at least two_G~}ncars;-Garage doors shall remain in operating condition and shall remain ...-------.,.---- down at all times except when moving automobiles or transporting items to and from the Residence through the garage. 6.21 Residence. Each Residence constructed on a Lot shall have a minimum heating and cooled living area no less than on thousand (1,000) square feet. _'--"--0 -===---=-::~ ....-===:-~::- For purposes of determining the width of corner Lots, in order to apply the foregoing restrictions, the shorter street frontage shall constitute the front yard. 6.22 Roofs. The roofs of the main body of all buildings and other structures, including the Residence, shall be pitched. tiQ. fl~.t!9.QL~L~h~JJ~~pe~I"!JJ!t~d~i!!1S)LJL!he approval of the Declarant and the Architectural Review Board. The Declarant and ~._-~-_._---_.._-_._----..__...-,._.... ...--.......----. .-.-"-"''''-~--''----"--''-.~_...._-_.."..,.,---,. - . '- . - ---_...-...-._-.~----'"... Architectural Review Board may, in their" discretion, approve flat roofs on part of the main 20 ~ e - rl F C Ie 1'1' :: c- {~ ~ F =, .:: .u~ IM~.'--. ~ aOOr~ '~3 ! 8 0613 SEMINOLE. CO. FL body of a building if architecturally compatible with the remainder of the roof structure, the particular building on which it is to be constructed and all adjacent residences and other structures. The pitch of all roofs shall be not less than six inches (6") in twelve inches (12") (6/12 vertical/horizontal). All roofs shall be constructed of clay, tile, cement tile, slate, fiberglass, standing seam copper, cedar shake shingle, architectural shingle, or other materials approved by the Architectural Review Board, All roof colors must be approved by the Architectural Review Board in its sole discretion, No pure white, pure black or pure primary colored roofs shall be permitted, 6.23 Grass, No type or variety of grass other than St. Augustine grass or a hybrid thereof shall be planted on any Lot, and such grass shall be fully planted on such areas where specified on a landscape plan approved by the Architectural Review Board. The planting of grass on each Lot shall be accomplished by the installation of full sod covering the entire area required to be grassed, Partial sodding, sprigging, plugging or seeding shall not be permitted, except to replace any dead sod, 6.24 Irrigation Systems, All landscaped and grassed open areas on each Lot shall be irrigated by means of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas. The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the Architectural Review Board as part of the landscape plan required pursuant to the provisions of Section 6.23 above. 6.25 Precedence Over Less Stringent Governmental Regulations. In those instances where the covenants, conditions and restrictions set forth in this Article set or establish minimum standards in excess of the ordinances, regulations and requirements of the City of Winter Springs and other applicable government authorities, including without limitation, building and zoning regulations, the covenants, conditions and restrictions set forth in this Article shall take precedence and prevail over any such less stringent ordinances, regulations and requirements. Notwithstanding the foregoing, all laws and regulations of the City of Winter Springs shall be complied with by all owners of the Properties (nothing herein is intended to prevent any owner of any portions of the Properties from seeking variances, special exceptions, waivers, etc. from the laws and regulations of the City of Winter Springs). 6.26 Solar Panels. Solar panels may only be constructed on the roof of a Residence so as not to be visible from the adjacent street (or configured so as to minimize visibly in the case of corner Lots) and only after review and approval by the ARB, in its sole and absolute discretion. The ARB reserves the right to promulgate such performance 21 e e _,,-n,.prjC', " ... c \ C \ ^! ~ ,. ~-' .; , .. " -. 'J r ; 1M.....'. . -, ~ ,"'- BOO~', -::1\8 051~ SEM\HOU. co. Fl standards and requirements as it may deem desirable in regard to the installation of solar panels. 6.27 Construction Time. Unless and otherwise approved by the Architectural Review Board in writing, construction of Residences and other improvements must be commenced not later than six (6) months from the date that the Architectural Review Board issues its written approval of the final plans and specifications therefor. If construction does not commence within such six (6) month period the plans and specifications for any proposed construction must once again be reviewed and approved by the Architectural Review Board in accordance with the provisions of this Article and any prior approval of the same by the Architectural Review Board shall no longer be binding on the Architectural Review Board. Upon commencement of construction, such construction shall be prosecuted diligently, continuously and without interruption to completion within a reasonable time; but in no event more than one (1) year from the date of the commencement of such construction, however, the Architectural Review Board shall have the power and authority to extend the period permitted for construction, as aforesaid; provided that the Owner and general contractor involved make written application for such extension stating the reasons for the requested extension of time and provided further that the Architectural Review Board, in the exercise of its discretion, determines that the request is reasonable and the extension is warranted. 6.28 Plats. All purchasers of lots and houses which are the subject of this Declaration shall receive a copy of the plat within which their lots and houses are located. 6.29 Additional Rules and Regulations. In addition to the foregoing, the Association shall have the right, power and authority, subject to the prior written consent and approval of Declarant, to promulgate and impose rules and regulations governing and/or restricting the use of the Properties and Lots, including without limitation rules and regulations relating to the placement or installation of any type of improvement on any Lot, and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules and regulations so promulgated shall be in conflict with the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to and binding upon all the Properties and the Owner's thereof and their successors and assigns, as well as all guests and invitees of and all parties claiming by, through or under such Owners. 22 e e Q F Fie! A. L ? ~ :~ ] ~ 9 ~, 800'''- . .. ~,') 1. q I , 1...J SEMINOLE CO. FL 0615 ARTICLE VII. ENFORCEMENT 7.1 Compliance by Owners. Every Owner shall comply with the terms, provisions, restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board of Directors of the Association. 7.2 Enforcement. The Declarant, the Association, the Association Board of Directors, the Architectural Review Board, each Owner, the City of Winter Springs, Florida, or any other party as provided herein shall have the right to enforce this Declaration and the covenants, restrictions and provisions hereof. In addition, the St. Johns River Water Management District shall have the right to enforce this Declaration with respect to the operation and maintenance of the stormwater management system for the Properties. Enforcement of this Declaration and the covenants, restrictions and provisions hereof may be accomplished by any proceeding at law or in equity, including without limitation, an action for damages and injunctive relief. The Association shall have the right to suspend the voting rights and use of the Common Area of any defaulting Owner. Failure to enforce any covenant, restriction or provision hereof shall not be deemed a waiver to do so thereafter. The defaulting and/or offending Owner shall be responsible for all costs incurred in enforcement of this Declaration, including but not limited to, attorney, paralegal and legal assistant fees, costs and expenses, related fees, costs and expense, court costs and witness and expert fees and costs, whether suit be brought or not, and whether in settlement, in any declaratory action, at trial or on appeal. ARTICLE VIII. STORMWA TER MANAGEMENT SYSTEM The storm water management system of the Properties is subject to the jurisdiction of the St. Johns River Water Management District, which has issued a permit for the operation of such system, as the same may be amended from time to time (collectively the "Permit") and is also subject to the jurisdiction of the City of Winter Springs. The Association shall own, operate and maintain all retention ponds and drainage improvements as may be situated throughout the Common Areas. The Association shall maintain the stormwater management system in accordance with all Permit and City of Winter Springs requirements. 23 e e 0t:"C"1 C 'A' :)i.~lR'IC, I I I. l- ,. It. " , ,_ ._ aool": " , ,~, ~~18 0616 SEMINOLE CO. FL. ARTICLE IX. GENERAL PROVISIONS 9.1 Municipal Service Taxing Units. Upon acceptance of any deed or other instrument conveying title to any Lot, each Owner thereof acknowledges that each such Lot is or may be located in one or more municipal service taxing units (each is an "MSTU") for the purpose of providing street lighting or any other purposes for which an MSTU may be established under Florida law. Each Owner agrees to be subject to and bound by such MSTUs and to pay all fees, charges, surcharges, levies and assessments, in whatsoever nature or form, relating to said districts and/or to the Owner's Lot. Further, each Owner agrees that it shall cooperate fully with Declarant or the Association in connection with any efforts of Declarant or the Association to include the Properties in any MSTUs, and to execute any documents or instruments which may be required to do so. 9.2 Insurance and Fidelity Bonds. The Association may obtain and maintain in effect casualty and liability insurance and fidelity bond coverage in form and amount as may be deemed advisable by the Board of Directors of the Association. 9.3 Duration: Amendment. The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded, after which they shall be automatically extended for successive periods of ten (10) years; unless during the last year of its applicability during the initial term or any extension period no less than seventy-five percent (75%) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration. Provided, however, no such termination shall void the duty of the Association to maintain the stormwater management system unless specifically allowed by the St. Johns River Water Management District and the City of Winter Springs. Further, no such termination shall have the effect of terminating any easements herein provided or reserved. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any such amendment must be recorded in the Public Records of Seminole County, Florida. Notwithstanding any provision to the contrary herein contained, the Declarant shall have the right to amend this Declaration without the consent, approval or joinder of any other person or Owner, except the Federal Housing Administration (FHA) or the Veterans Administration (VA), or the Federal National Mortgage Association (FNMA), or the Federal Home Loan Mortgage Corporation (FHLMC), if such amendment is required in order to cause this Declaration to comply with applicable FHA, VA, FNMA and/or FHLMC requirements. Such an amendment to this Declaration, the Articles of Incorporation or 24 e e OFF I C I ~. t... :~ F r: ~l~ r") C; aOOr,: . <\ .:::.: )1/8 06/7 SEMINOLE CO. FL Bylaws of the Association needs to be signed and acknowledged only by the Declarant and need not be approved by the Association, Lot Owners or lienor or mortgagees of Lots, whether or not elsewhere required for an amendment. 9.4 Notice. 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 personally delivered or mailed, postpaid, to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing. 9.5 Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. 9.6 Annexation of Additional Land. Other than annexation of the Additional Properties while Declarant is a Class B Member as provided in and governed by Section 2.2 above, additional residential property and common area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of Members. 9.7 Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Seminole County, Florida. 9.8 FHANA Approval. Notwithstanding anything herein to the contrary, as long as there is a Class B Membership in the Association, the following actions will require the prior approval of the FHA or the VA: annexation of additional properties; dedication of common areas; and amendment of this Declaration of Conditions, Covenants, Easements and Restrictions. 9.9 Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws of the Association and the Articles shall take precedence over the Bylaws. 9.10 Standards for Consent. Approval. Completion. Other Action and Interpretation. Whenever this Declaration shall require the consent, approval, completion, substantial completion, or other action by the Declarant, the Association or the Architectural Review Board, such consent, approval or action may be withheld in the sole and absolute discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially completed by the Declarant or the Association shall be deemed completed or substantially completed when so determined, in the discretion of the Declarant or Association, as appropriate. 25 r e e OFF I C U\ L ?:- S tlP ~, 3 BOOr: ~, -- .~ 1 , 8 0618 SEMINOLE CO. FL 9.11 Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owners hereby designate the Declarant and the Association (or either of them) as their lawful attorney-in- fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. 9.12 Covenants Running With The Land. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 9.3 HEREOF, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES. IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID, SUCH PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LAND; BUT IF SUCH PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED. 9.13 Dissolution of Association. In the event of a permanent dissolution of the Association, all assets of the Association shall be conveyed to a non-profit organization with similar purposes and acceptable to the St. Johns River Water Management District. Failing the ability to find a non-profit organization to succeed to the Association within ninety (90) days of dissolution of the Association, all Association assets may be dedicated to the city government of the City of Winter Springs, Florida or any applicable municipal or other governmental authority. Said successor non-profit organization or governmental entity shall pursuant to this Declaration provide for the continued maintenance and upkeep 26 e ~ t:" t:" I C I ^ I :i :: " ;'. :) '1 .: , I: .ML ,',. . ,,). '-..... aoor:,- '. l318 0619 SEMINOLE. CO. FL of the Common Area, including without limitation the stormwater management system, the Properties and such other property as may be contemplated herein. ARTICLE X. CITY OF WINTER SPRINGS. FLORIDA Notwithstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. The City of Winter Springs is a third party beneficiary with the right to legally enforce this document or any part or provision hereof. Nothing contained herein shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. EXECUTED as of the date first above written. Signed, sealed and delivered in the resence of: HUBERT R. EARLEY, _,nZIIY f?-~ Hubert R. Earley STATE OF FLORI~ ~ COUNTYOF V Ai.JG-t; The foregoing instrument was ged before me this 1997, by HUBERT R. EARLEY who is personally known to me ~ as identi I /' ,\\\\I\Lldll/I;" ':>0.\\\\ SM. A,9 '11//; -:$' ,~<:C:......,.~Il:~ ~ ~ ".- ....,,/,. ,,'r 'l ~ . ",\1,1"" U,'V A' '. ~ ~ .- _(0:;1' r '-.-fA -. ~ ~ . -,,-" ,,,\,?,...R 1 ~. ~ .::- :~. ~'<- '/.J ~;;, ~ -::. .:: . ~ S? ".~l ' . :: = *: .....:... . 1) -I : * = =Z: 'n r< - -1 : ~ :;:. 0 ." #Cv,,274.,4 . 2f ~ -::;. :::...-. .. '0/ ' ;,::-: :;-.... ~ .-::. ~. 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