HomeMy WebLinkAboutGeorgetowne Unit 1
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;\UP Articles of Incorporation of GEORGETOWNE HOMEOWNERS ;'.\U~
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ARTICLES OF INCORPORATION
OF
GEORGETOWNE HOMEOWNERS ASSOCIATION, INC.
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In compliance with the requirements of Florida "
Statutes, Chapter 617, the undersigned have this day _ . ~
voluntarily associated themselves together for the purpose~~-
of forming a corporation, not for profit, and do hereby "
certify: .~
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ARTICLE I
The name of the corporation is Georgetowne Homeowners
Association, Inc. (hereafter called the Association").
ARTICLE II
The principal office of the Association is located
at 30 South Magnolia Avenue, Orlando, Florida.
ARTICLE III
Donald R. Greer, whose address is 30 South Magnolia
Avenue, Orlando, Florida, is hereby appointed the initial
registered agent of this Association.
ARTICLE IV
Purpose and Powers of the Association
The Association does not contemplate pecuniary gain
or profit to the members thereof, and the specific purposes
for which it is formed are to provide for maintenance, pre-
servation and architectural control of the residential lots
and common area within that certain tract of property
described as Georgetowne, Unit I recorded in Plat Book ~,
Pag~~2.~1+~Public Records of Seminole County, Florida, and
to promote the health, safety and welfare of the members
of the Association, and for this purpose to:
(a) Exercise all of the powers and privileges and
to perform all of the duties and obligations of the Association
as set forth in that certain Declaration of Covenants, Conditions
and Res tr ict ions for George towne, Unit I, (hereinafter
called the "Declaration"), and recorded or to be recorded in
the Public Records of Seminole County, Flor ida, and as the same
may be amended from time to time as therein provided;
(b) Fix, levy, collect and enforce payment by any
lawful means, all chargeS or assessments pursuant to the terms
of the Declaration; to pay all expenses in connection therewith
and all off ice and other expenses incident to the conduct of
the business of the Association, including all licenses, taxes
or governmental charges levied or imposed against the property
of the Association;
(c) Acquire (by gift, purchase, or otherwise),
own, hold,improve, build upon, operate, maintain, convey, sell,
lease, transfer, dedicate for public use or otherwise dispose
of real or personal property in connection with the affairs
of the Association;
(d) Borrow money, and with the assent of two-thirds
(2/3rds) of each class of members mortgage, pledge, deed in
trust, or hypothecate any or all of its real or personal property
as security for money borrowed or debts incurred;
(e) Dedicate, se 11 or trans fer all or any part of
the common area to any public agency, authority, or utility
for such purposes and subject to such conditions as may be agreed
to by the members. No such dedication or transfer shall be
effective unless an instrument has been signed by two-thirds
(2/3rds) of each class of members, agreeing to such dedication,
sale, or transfer;
(f) Participate in mergers and consolidations with
other non-profit corporations organized for the same purposes
or annex additional residential property and common area,
provided that any such merger, consolidation or annexation shall
have the assent of two-thirds (2/3rds) of each class of members;
(g) Have and to exercise any and all powers, rights
and privileges which a corporation organized under the Non-
Prof i t Corporation Law of the State of F lor ida by law may now
or hereafter have or exercise.
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ARTICLE V
Membership
Every person or entity who is a record owner of a
fee or undivided fee in teres t in any lot which is s ubj ect by
covenants of record to assessment by the Association shall be
a member of the Association. The foregoing is not intended
to include persons or entities who hold an interest merely as
security for the performance of an obligdtion. Membership shall
be appurtenant to and may not be separated from ownership of
any lot which is subject to assessment by the Association.
ARTICLE VI
Voting Rights
The Association shall have two classes of voting
membership:
Class A. Class A Members shall be all owners,
with the exception of the Declarant, and shall be entitled to
one vote for each lot owned. When more than one person holds
an interest in any lot, all such persons shall be members.
The Vote for such lot shall be exercised as they determlne,
but in no event shall more than one vote be cas t with respect
to any lot.
Class B. The Class B Member(s) shall be the
Declarant(s) (as defined in the Declaration), and shall be
entitled to three (3) votes for each lot owned. The Class B
Membership shall cease and be converted to Class A Membership
on the happening of either of the following events, whichever
occurs earlier:
(a) ~..]hen the total votes outstanding In
the Class A Membership equ31 the total votes outstanding In
the Class B Membership plus the total votes that would be out-
standing in the Class B Membership if the Additional Property
or any part thereof as described in the Declaration were
suG~ilt~d to the Declaration; or
(b) On January 1, 1995.
ARTICLE VII
The affalrs and property of this Association shall
L:,~ :l1Ql1o.ged and governed by a Board of Directors composed or
r~'_1: L:ss th3.n three (3), but as many members as tile Board of
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Directors may from time to time determine. The first Board
of Directors shall have three (3) members, and in the future,
the number will be de termined from time to time in accordance
with the provisions of the Bylaws of the Corporation. The names
and addresses of the persons who are to act in the capacity
of directors upon the receipt and approval of these Articles
by the Secretary of State until the selection of their
successors are:
Donald R. Greer
30 South Magnolia Avenue
Orlando, Florida 32801
William W. Tew
30 South Magnolia Avenue
Orlando, Florida 32801
Jackie C. Wright
30 South Magnolia Avenue
Orlando, Florida 32801
ARTICLE VIII
Officers
The officers of this Association shall be a
President, who shall at all times be a member of the Board of
Directors, a Vice President, a Secretary, a Treasurer, and such
other officers as the Board may from time to time by resolution
create. The election of officers shall take place at the first
meeting of the Board of Directors which shall follow each annual
meeting of the members. The n~es of the officers who are to
serve until the first election or appointments, commencing with
the approval of these Articles by the Secretary of State are:
President
Donald R. Greer
Vice President
William W. Tew
Secretary/Treasurer
Jackie C. Wright
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ARTICLE IX
Indemnification of Officers and Directors
Section A. The Association shall indemnify any director
or officer of the Association who is made a party or is threat-
ened to be made a party to any threatened, pending or completed
action, suit or proceedings, whether civil, criminal, administra-
tive or investigative, by reason of the fact the he is or was
a director or officer of the Association:
(1) Against expenses (including reasonable attorneys'
fees for pre-trial, trial or appellate proceedings), judgment,
fines and amounts paid in settlement actually and reasonably
incurred by him in connection with an action, suit or proceeding
(other than one by or in the right of the Association) if he
acted in good faith, and, with respect to any criminal action
or proceedings, he had no reasonable cause to believe his conduct
was unlawful; and
(2) Against expenses
fees for pre-trial, trial or
and reasonably incurred by him
of set t lement of an act ion or
Association, if he acted in good
(including reasonable attorneys'
appellate proceedings) actually
in connect ion with the defense
sui t by or in the right of the
faith.
Section B. The termination of any action, suit, or proceed-
lng by judgment, order, settlement, conviction, or upon a plea
of nolo contendere or its equivalent, shall not, of itself, create
a presumption that the person did not act in good faith, and,
with respect to any criminal action or proceeding, had reasonable
cause to believe that his conduct was unlawful.
Sect ion C. No indemnif icat ion shall be made
of any claim, issue or matter as to which such person
been adjudged to be liable for gross negligence or
ln the performance of his duty to the Association.
in respect
shall have
misconduct
Section D. Any indemnification under Section A (unless
ordered by a court) shall be made by the Association only as
authorized in the specific case upon a determination that indem-
nification of the director or officer is proper in the circum-
stances because he has met the applicable standard of conduct
set forth in Sect ion A. Such de termina t ion shall be made (1)
by the Board of Directors by a maj or i ty vote of a quorum con-
sisting of Directors who were not parties to such action, suit
or proceeding, or (2) if such quorum of disinterested Directors
so directs, by a majority of members of the Associaton represent-
ing a majority of the total votes of the membership.
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Sect ion E. Expenses incurred in defending d civil
or criminal act ion, sui t or proceeding shall be paid by the
Association from time to time as incurred rather than only after
the final disposition of such action, suit or proceeding. Payment
of such expen::ie.:..i shall be authorized by the Board of Directors
In each specific case only after receipt by the Association
of an undertaking by or on behalf of the director or officer
to repay such amounts if it shall later develop that he is not
entitled to be indemnified by the AS::iociation.
Section F. The indemnification provided by this reso-
lution shall not be deemed exclusive of any other rights to
which the Association's directors, officers, employees or agents
may be entitled under the Association's bylaws, agreement, vote
of members or disinterested directors or otherwise, both as
to actions in their official capabilities and as to action in
another capacity while holding such officers or positions, and
shall continue as to a person who has ceased to be a director,
officer or employee and shall inure to the benefit of the heirs,
executors and administrators of such a person.
Section G. Notwithstanding the foregoing provisions,
indemnification provided under this resolution shall not include
indemnification for any action of a director, officer or employee
of the Association for which indemnification is deemed to be
against public policy. In the event that indemnification pro-
vided under this resolution is deemed to be against public pol-
icy, such an event shall not invalidate or affect any other
right or indemnification herein provided.
Section H. The Association shall have the power,
but shall not be obligated, to purchase and maintain indemnifica-
tion insurance to provide coverage for any liability asserted
against any director, officer or employee of the Association
in any of his capacities as described in Section A, whether
or not the Association would have the power to indemnify him
or her under this Article.
Section I. Any person requesting indemnification
shall first look to any insurance maintained by the Association
for indemnification against expenses (including attorneys' fees),
judgment, fines and amount paid in settlement (as described
above). The Association shall be obligated to indemnify such
person (if entitled to indemnification by the Assocation) only
to the extent such insurance does not indemnify such person.
In the event that any expenses, judgment, fines or amounts
paid in settlement are paid pursuant to insurance maintained
by such Association, the Association shall have no obligation
to reimburse the insurance company.
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ARTICLE X
Transactions in Which Directors or Officers
are Interested
A. No contract or transaction between the Association
and one or more of its directors or off icers, or between the
Associat ion and any other corporation, partnership, association,
or other organization in which one or more of its directors
or officers are directors or officers, or have a financial inter-
est, shall be invalid or void, or voidable solely from such
reason, or solely because the director or officer is present
at or participates in the meeting of the Board or commit tee
thereof which authorized the contract or transaction, or solely
because said officer's or director's vote is counted for such
purpose. No director or officer of the Association shall incur
liability by reason of the fact that said director or officer
may be interested in any such contract or transaction.
B. Interested directors may be counted in determining
the presence of a quorum at a meeting of the Board of Directors
or of a committee which authorized the contract or transaction.
ARTICLE XI
Dissolution
The Association may be dissolved with the assent given
in writing and signed by not less than two-thirds (2/3)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 Associ-
ation was created. In the event that such dedication is refused
acceptance, such assets shall be granted, conveyed and assigned
to any nonprofit corporation, association, trust or other organ-
ization to be devoted to such similar purposes.
ARTICLE XII
Duration
The corporation shall exist perpetually.
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ARTICLE XIII
Subscribers
The names and addresses of the subscribers are
as follows:
Donald R. Greer
30 South Magnolia Avenue
Orlando, Florida 32801
William W. Tew
30 South Magnolia Avenue
Orlando, Florida 32801
Jackie C. Wright
30 South Magnolia Avenue
Orlando, Florida 32801
ARTICLE XIV
Amendments
Amendments of these Articles shall require the
assent of seventy-five percent (75%) of each class of member-
ship. Amendments of these Articles of Incorporation may be
proposed by any member of the Association. These Articles
may be amE:nded at any annual meeting of the Association, or
at any special meeting duly called and held for such purpose.
ARTICLE XV
Bylaws
The Bylaws may be amended at a regular or special
meeting of the members, by a majority vote of a quorum of
members present in person or by proxy, except that the Federal
Housing Administration or the Veterans Administration shall
have the right to veto amendments while there is a Class B
Membership.
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ARTICLE XVI
FHA/VA Approval
As long as there is a Class B membership, the
following actions shall require prior approval of the Federal
Housing Administration or the Veterans Administration:
Annexation of additional properties, mergers, consolidations,
mortgaging of the common area, dedication of common area,
dissolution and amendment of these articles.
IN WITNESS WHEREOF, for the purpose of forming
this corporation under the laws of the State of Florida, we,
the undersigned, constituting the incorporation of this
Association, have ~~uted these Articles of Incorporation
this ~~+L day of 7r~ ' 1987.
Do~~~~preSident
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WILLIAM W. TEW, Vice President
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C. WRIGHT, Treasurer
STATE OF FLORIDA
SSe
COUNTY OF ORANGE
Lrt-1 dA. ~ ~ I HEREBY CERTIFY that on this $t.t day of
/'~~' 1987 before me the undersigned authority,
personally appeared Donald R. Greer, William W. Tew, Jackie
C. Wright, known to me to be the persons who executed the foregoing
Articles of Incorporation and acknowledged the execution of such
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instrument for the uses and purposes therein expressed.
in the
day of
WITNES~y hand and official seal at to dtiA...do
~~a::.Jd.~87. ,State of Florida, this -:-;)~/,(.,
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My Commission Expires:
NotJry Public St:>lc r: ~h; i~:.j ,,1 La'.:;E:i
My Commission t;>:/li,,., '-'-....' 1 1 "....()
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'l'HIIlD AHINDNENT TO DKCLAMTIOH or COVDANTB,
CONDITIOIC. JUtD RUTRI~I'IONI z,?SOROX'l'OWNJI.: IJlflT I '",)
AJfD FIRST IMJDfDKENT TO SUPPL &L DECLaRATIONS or (/).n
~OVIDfAlCT8. COf!DI~IOHI aHD USTRXCI'IONB rOR OIOROITOWlfB UNIT :1;1 r'l .c-
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THIS TRIM NlINDHKNT TO DECLARATION OF COVENANTS, CONDITIOi en
AND RBSTRICTIONS FOR OEORG!TOWNB UNIT I AND FIRST ~NT
8UPPLBMBHTAL DECLARATIONS or COVENANTS, CONDITIONS AND RESTRICTIO
FOR GBORGBTOWN! UNIT II ie made this 20th day ot August, 1993, CJ
G40rge Wimpey of Florida, Ino.. a Florida corporatie"., (h.reineft4, en
referred to a.. "Declarant"). : en
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WIT N It 8 BitT H
WBBRDS, Declarant i. a uuooeBsor to Magnolia Service
Corporation, by r.aeon of purohaaing ~re than one lot from
Declarant in Georgetowne Unit II aooording to the plat thereof aa
recorded in Plat Book 46, Page. 12 through l~, inolu.iv., Publio
Record. of 8eIa1nole County, Plorida for the purpo.e of dev.lop1ng
each lot into an Improved Lot; anc2
WHDUI, Declarant 18 presently the owner of thirty-eGven (37)
lote in Georgetown. Unit II, aaid lote being IlIOrtt partioularly
desoribed ael '
Lota 98 through 112, inclusive, 114, 115, 117,
121, 123, 125, 127, 129, 131, 132, 135, and
141 through 151, inClu.ive, Georgetowne Unit
II, a. per the plat thereof recorded in Plat
Book 46, pag.. 12 through 15, inalu81ve,
Public Record. ot Seminole County, Flori~a,
(the "Lotu"); and
WBER&AS, pursuant to paragraph 4 of tho Firat ~dmont to
Declaration of COYelOant., Cond1 tionll and R..trid'tion. for
Oeorgetowne Unit 1 .. recorded in O.R. Book 1891, Page 236, Public
Record. of Seminole COunty, Florida ("F1rat ""enc1nlent") and Article
:III, 8eo'U.on 1 at the SupplOlllental Declaration of Covenants,.
Condi tione end Restriction. for Ooorgotowne Unit I I, a. recorded in .
OtUcial Record. Book 2532 at Page 1239, Public Records of S..1no1e
County, F1or1~a ("Supp18llanta1 Declaration"), Declarant hae the
right to &aend the Declaration Of Covenanta, Conditions end
Restriotione for Georgetown., Unit I, ae rocorded in O.R. Book
1830, at Page 1485, Public Records of Sem1nole County, Florida and
re-recor~ed in O.R. Boo~ 1845, at Page 1723, Public Records of.
Seminole County, Florida, (the "OQclaration") and the Supplomental
Declaration with reepect to the Lote; and
WHERElu;, Declarant hereby amende the Declaration and
Supplemental Declaration 08 hereafter lIet forth.
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NOW, TUBRBFORB, Deolsrant agrees that:
1. DeOlarant does hereby repeal and strike paragraph 1 ot
the Fir.t Amendlllent a. the .Odle appUe. to the Lota of this
AJlWanc1ment, and .aid paragraph 1 shall be ot no further force and
effeot a8 applied to the Lot8.
2. Declarant doe. hereby repeal and .trike Article VII,
8ection 3 of the Declaration a. the 8ame applies to the Lots end
..it! Article VII, Section 3, eholl be of no further force and
etfect as applied to the Lot..
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3. The purpo... of this Amendment which declare. Article VII,:2
S.ct10n 3 of the Declaration and paragraph 1 ot the Fir8t Amen<3men1;R:
to be inoffective and not applicable to the LatB b to ret!uoe th~
Cla.. B votes of Declarant from six (6) votes per lot to three (3~
votes per lot:. n
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4. Pursuant to the right of Declarant to .-end t~
Declaration aa .et forth in the First AJ\lendlRent and a. further Bet
forth in the Supplemental Declaration, Oeolarant doe. hereby ...0<1
.aid Deolaration and the Suppl...ntal Declaration a. to the Lots by
adt!ing to Article VI, Section 1 Of the Declaration and Suppl...ntel
Declaration the followingz
Notwithatanding any provision in this Articl. VI to the
contrary, so long a. DeClarant is the owner of any lot whioh is
.ubject to the DeclaratiQn of Covenant., COnditions and.
Ra.triotion" recorded in O.R. Book 1830, at Page 1485, Public
Record. of Seminole County, Florida an~ re-racorded in O.R. Book
1845, at Page 1723, Public Records of Seminole Cour.ty, Florida, as
8J118neSet! by the Firat A.IIent!ment to Deolaration of Covenant.,
Conditione and Restriotion. reoor~ed in O.R. Book 1891, Page 236,
Public Recorda of a..inol. County, Flor~~a, and aa Glleooed by
Second AIllend.IIent to Declaration of Covenanta, Conditione CUl<1
Re.trictiona recorded in O.R. Book 2049, Page 271. Public Recorda
of Seminole County, Florida, and .s further IUl8nded by the
Supp18D8ntal Declaration of Covenants. Conditions end Restrictions
for Oeorgetowne Unit II recorded in O.R. Book 2532. at Page 1239,
Public Records of 8_inole County, Florida, Declarant shall
continue to have the right to de.ignate three (3) persons to act aa
the arch! tectural review board for all lots owned by Declarant
which are .ubject tothe.e restriction.. Ae to all other lota not
owned by Declarant. the ~po.ition at the architecturel review
board a8 to those Iota sholl be deteX1ll1nad llll provided for above in
thilll Section 1.
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FRO" GCr,] lJI':TER PRRY. FL
9.20.19?~ 10'52
P. 6
IN WITNBSS WHERSOY, the underdgnec1, being the Declarant
herein helJ cau.ed thh dOCUlllent to be a.ecuted by i t8 duly
authorized officer, this 20th day of Augu8t, 1993.
, I.
BY:
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A. it. Division Manager
201 N. New York Avenue
Winter Park, FL 32789
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BBFORE HE, the undersigned authority, per.onallyappear.cfJ1
FREDBRIC G. SCHAUB, Division Manager Of GEORGE WIMPBY OF FLORIDA,
INC., a Florida corporation, whO i. per.onally known to lII8 and
aftar having taken ISn oath, and who .X80utel1 the written docwaent
hereinabove and aCknowledged to me that he executed the 8ame for
the purpos.. therein stated.
STATB OF FLORIDA
COUNTY OF ORANCE
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1993.
SWORN and SUBSCRIBED before me thilJ 20th day of August,
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FOURTH AMENDMENT TO DECLARATION OF COVENANTS, .. 1'0
CONDITIONS AND RESTRICTIONS FOR GEORGETOWNE UNIT I ~::
AND FIRST AMENDMENT TO SUPPLEMENTAL DECLARATIONS OF r'l
COVENANTS, CONDITIONS AND RESTRICTIONS FOR GE.PRGETmYNE Ut;IT ~
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THIS FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDmONS AKb CO
RESTRICTIONS FOR GEOROETOWNB UNIT I AND FIRST AMENDMENT TO SUPPLEMENTAL CJ
DECLARATIONS OF COVENANTS,CONDmONS AND RESTRICTIONS FOR OEORGETOWNE UNIT III
is mado this L day of vall~ . 1994, by George Wimpey of Florida, Inc., a Florida corporation
(hereinafter referred to as "Deda ").
WITNESSETH
WHEREAS, Declarant is a successor to Mal:1lolia Service Corporation, by reason of purchasing more than
one lot from Declarant in Georgelowne Unit III according 10 lhe plat thereof as record...J in Plat Book 46, Pages
91 through 94, inclusive, Public Records of Seminole County, Florida for the purpose of developing each lot inlo
an Improved Lot; and
WHEREAS. Declarant is presenlly the owner of sevenly-eight (78) lols in Georgelowne Unitllllillid lols
being more particularly described as:
Lots 152 through 229, inclusive, Georgetowne UnillIl, as per lhe plat thereof
recorded in Plat Book 46, Pages 91 through 94, inclusive, Public Records of
Seminole County, Florida,
(the "u>ts"); and
WHEREAS, pursuant to paragraph 4 of lhe First Amendmenllo Declaration of Covenanls, Condilions and
Restrictions for Georgetowne Unit I as l'ClCorded in O. R. Book 1891'" page 236, Public Records of Seminole County.
Florida ("Firat Amendment") and Article III, Section I of the Supplemental Declaration of Covenanls, Conditions
and Restrictions for Georgetowne UnitlJl, IS recorded in Official Records iJook 2670, Psge 203, Public Records
of Seminole County, Florida ("Supplemental Declaration"), Declarant lias the right 10 amend the Declaration of
Covenants, Conditions and Restrictions for Georgetowne, Unit I, as recorded in O.R. Book 1830, Page 1485, Public
Records of Seminole County, Florida and re-recorded in O.R. Book 1845, Page 1723, Public Records of Seminole
County, Florida, (the "Declaration") and the Supplemental Declaration with re.~pectto the lois; and
WHEREAS, Declarant hereby amends the Declaration lUld Supplemental Declaration a.~ hereJIfter sel forth.
NOW, THEREFORE, Declarant agrees that:
1. Declaranl does hereby repeal and slrike paragraph I of the First Amendm~nt as the same applies
10 the lois of this Amendment, and said Paragraph I shall be of no further force and effect as applied 10 the Lot,.
2. Declarant does hereby repeal and strike Article VII, Section 3 of the Declaration as the same
applies 10 the Lots and said Article VII. Section 3, shall be of no further force and effecl a.~ applied 10 Ihe loIs.
3. The purpose of Ihis Amendmenl which declares Article VII, Section 3 of the Declaration and
pJragraph I of the Firsl Amendment, to be ineffeclive and not applicable to the lois is to reduce the Class B votes
of Declarant from si~ (6) VOles per I,,, lo'three (3) voles per 101.
4. Pursuant to the right of Oeclaranlto amend the Declaralion as set forth in the hrst Amendment
and L' further sel forth in the Supplemental Declaration, Dedarant docs hereby amend said Declaration and the
Supplemenlal De..:."tt:on as to the Lots hy adding to Article VI, Section I, of the Declaralion and Supplemental
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Notwilhlcandini any provision in thi. Artide Vito the conlrary, so long II Declarant i.the owner o~y
lot which i. subject to the Declaration of CoVManIS, Condition. and ReJltnction. recorded in O.R. Book 183~ _
pap 148.5, Public Recorda of Seminolo County, Florida and re-recorded in O.R. Book 1845, Pap 1723, P"....c c.n
Recorda of Seminolo County, Florida, sa amoodod by tho Firat Ameodmeat to Declaration of Covenanta, CondidOiu CO
IIld Reetrictioaa recorded in O.R .Boot 1891, P"'Jo 236, Public Record. of Seminole County, Florida, and sa _
.... amcadod by Socoad AmaadlllCllllto DocJaratioa of Covenanta, Conditiona and Reatrictiona recorded in O.R. Book
2049, Pap 277, Public Recorda of Seminole County, Florida, and sa further &mIZded by tho Supplomeatal
I>eclaratioa of Coveoanta, Coaditiona and ROItrictiona for Oeorietowno Unit III recorded in O.R. Book 2670, Pap
::03, Public Recorda of Seminole County, Florida, Declarant .hall continue to have tho ri.htto doaiple three (3)
penoaa to lICt sa tho archiloctural review board for all Iota owned by Declarant which are subject to theeo
reetrictiona. AS to all other Iota not owned by Declarant, the COmposition of the architectural review board II 10
lIK.e lots shall be determined sa provided for above in this Section I.
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IN WITNESS WHEREOF, Ihe undersillned, beinllthe Dedaranl herein h.. caused Ihi. document to be
ellecuted by ita duly aUlhorized officer. a. of the dale first above wrillen.
WilneAea:
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, theundersillned authority thi..!!.- day o~ 1994, personally appeared FREDERIC
O. SCHAUB, Division Manaier of OEORGE WIMPEY OF FLORIDN, INC., a Florida corporation, 00 behalf
of said corporation, who acknowledged before me Ihat he executed Ihe above wrillen document for the purposes
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Notary Pufsfic . , J
Pnnt Name: (J WeA.
Slale of Florida
My Commission Expires:
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BYLAWS OF
GEORGETOWNE HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
Name and Location. The name of the corporation is Georgetowne
Homeowners Association, Inc. (hereinafter referred to as the
"Association". The principal office of the corporation shall
be located at 30 S. Magnolia Avenue, Orlando, Florida (or at
such other place as the Directors may from time to time determine),
but meetings of members and directors may be held at such places
within the State of Florida as designated by the Board of Directors.
ARTICLE II
Section 1. "Association" shall mean and refer to Georgetowne
Homeowners Association, Inc., its successors and assigns.
Section 2. "Declaration" shall mean and refer to the
Declaration of Covenants, Conditions and Restrictions for Georgetowne,
Unit I, recorded in the Public Records of Seminole County,
Florida.
Section 3. "Declaration Property" shall mean and refer
to Georgetowne, Unit I, according to the Plat thereof as recorded
in Plat book a7 , pages /, ::{, 8, J../ cI 5 , Public
Records of Seminole County, Florida, and such additions thereto
as may hereafter be submitted to the Declaration.
Section 4. "Common Area" shall mean and refer to those
areas of land, and improvements thereon, shown on the Declaration
Property intended to be devoted to the common use and enjoyment
of the Owners and occupants of said property.
Section 5. "Additional Property" shall refer to any
portion of the Total Property (as defined in the "Declaration")
which has not been submitted to the Declaration.
Section 6. "Lot" shall mean and refer to any numbered
plot of land shown upon the recorded subdivision plat for Georgetowne,
Unit I (and any Additional Property, when annexed), excluding
the Common Area.
Section 7. "Improved Lot" shall mean and refer to each
Lot on which has been constructed a single-family detached
dwelling.
Section 8. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee
simple title to any Lot or Improved Lot which is part of the
Declaration Property but excluding those having such interest
merely as security for the performance of an obligation.
Section 9. "Declarant" shall mean and refer to Magnolia
Service Corporation, its successors and assigns, if such successors
or assigns should acquire more than one Lot from the Declarant
for the purpose of development into an Improved Lot. Declarant
may assign its rights and obligations herein to any person
or entity which acquires more than one Lot from Declarant for
development into an Improved Lot while at the same time reserving
its status as Declarant for Lots or Improved Lots owned by
Declarant within the Additional Property.
Section 10. "Member" shall mean and refer to those
persons entitled to membership as provided in the Declaration.
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meetings. Annual meetings of the
members shall be held on the third Wednesday of the month of
November, at the hour of 7:30 o'clock p.m. If the day for
the annual meeting of the members is a legal holiday, the meeting
will be held at the same hour on the first day following which
is not a legal holiday.
Section 2. Special Meetings. Special meetings of the
members may be called at any time by the President of the Board
of Directors, or upon written request of the members who are
entitled to vote one-fourth (1/4) of all of the votes of the
Class A membership.
Section 3. Notice of Meetings. Written notice of each
meeting of the members shall be given by, or at the direction
of, the secretary or person authorized to call the meeting,
by mailing a copy of such notice, postage prepaid, at least
fifteen (15) days before such meeting to each member entitled
to a vote thereat, addressed to the member's address last appearing
on the books of the Association, or supplied by such member
to the Association for the purpose of notice. Such notice
shall specify the place, day and hour of the meeting, and in
the case of a special meeting, the purpose of the meeting.
-2-
Section 4. Quorum. The presence at the meeting of
members entitled to cast, or of proxies entitled to cast, one-third
(1/3rd) of the votes of each class of membership shall constitute a
quorum for any action except as otherwise provided in the Articles
of Incorporation, the Declaration or these Bylaws. If, however,
such quorum shall not be present or represented at any meeting, the
members entitled to vote thereat shall have power to adjourn the
meeting from time to time, without notice other than announcement
at the meeting, until a quorum as aforesaid shall be present or
be represented.
Section 5. Proxies. At all meetings of members, each
member may vote in person or by proxy. All proxies shall be in
writing and filed with the secretary. Every proxy shall be revocable
and shall automatically cease upon conveyance by the member of his
lot.
ARTICLE IV
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
Section 1. Number. The affairs of the Association shall
be managed by a Board of Directors composed of not less than three
(3) members, but as many members as the Board of Directors may
from time to time determine.
Section 2. Term of Office. At the first Annual Meeting
held after the turnover of the Association by the Declarant, the
owner-members shall elect one (1) director for a term of one (1)
year, one director for a term of two (2) years, one director for
a term of three (3) years; and at each annual meeting thereafter,
the members shall elect one-third of the number of directors for
a term of three (3) years.
Section 3. Removal. Any director may be removed from
the Board, with or without cause, by a majority vote of the members
of the Association. In the event of death, resignation or removal
of a director, his successor shall be selected by the remaining
members of the Board and shall serve for the unexpired term of his
predecessor.
Section 4. Compensation. No director shall receive
compensation for any service he may render to the Association.
However, any director may be reimbursed for his actual expenses
incurred in the performance of his duties.
Section 5. Action Taken Without a Meeting. The directors
shall have the right to take any action in the absence of a meeting
which they could take at a meeting by obtaining the written approval
of all the directors. Any action so approved shall have the same
effect as though taken at a meeting of the directors.
-3-
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the
Board of Directors shall be made by a Nominating Committee.
Nominations may also be made from the floor at the annual meeting.
The Nominating Committee shall consist of a Chairman, who shall be
a member of the Board of Directors and two or more appointed by the
Board of Directors and two or more members of the Association. The
Nominating Committee shall be appointed by the Board of Directors
prior to each annual meeting of the members, to serve from the close
of such annual meeting until the close of the next annual meeting
and such appointment shall be announced at each annual meeting.
The Nominating Committee shall make as many nominations for election
to the Board of Directors as it shall in its discretion determine,
but not less than the number of vacancies that are to be filled.
Such nominations may be made from among members or nonmembers.
Section 2. Election. Election to the Board of Directors
shall be by secret written ballot. At such election the members
or their proxies may cast, in respect to each vacancy, as many votes
as they are entitled to exercise under the provision of the Declaration.
The persons receiving the largest number of votes shall be elected.
Cumulative voting is not permitted.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the
Board of Directors shall be held monthly without notice, at such
place and hour as may be fixed from time to time by resolution of
the Board. Should said meeting fall upon a legal holiday, then
that meeting shall be held at the same time on the next day which
is not a legal holiday.
Section 2. Special Meetings. Special meetings of the
Board of Directors shall be held when called by the President of
the Association, or by any two (2) directors, after not less than
three (3) days' notice to each director.
Section 3. Quorum. A majority of the number of directors
shall constitute a quorum for the transaction of business. Every
act or decision done or made by a majority of the directors present
at a duly held meeting at which a quorum is present shall be regarded
as the act of the Board.
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ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1.
the power to:
Powers. The Board of Directors shall have
(a) Adopt and publish rules and regulations governing
the use of the Common Area and facilities, and the personal conduct
of the members and their guests thereon, and to establish penalties
for the infraction thereof;
(b) Suspend the voting rights and right to use of
the Common Area and facilities of a member during any period in
which such member shall be in default in the payment of any assess-
ment levied by the Association. Such rights may also be suspended
after notice and hearing for a period not to exceed sixty (60) days
for infraction of published rules and regulations;
(c) Exercise for the Association all powers, duties
and authority vested in or delegated to this Association and not
reserved to the membership by other provisions of these Bylaws, the
Articles of Incorporation, or the Declaration;
(d) Declare the office of a member of the Board of
Directors to be vacant in the event such member shall be absent
from three (3) consecutive regular meetings of the Board of Directors;
and
(e) Employ a manager, an independent contractor, or
such other employees as they deem necessary, and to prescribe their
duties.
Section 2. Duties.
of Directors to:
It shall be the duty of the Board
(a) Cause to be kept a complete record of all its
acts and corporate affairs and to present a statement thereof to
the members of the annual meeting of the members, or at any special
meeting when such statement is requested in writing by one-fourth
(lj4th) of the Class A Members who are entitled to vote;
(b) Supervise all officers, agents and employees
of this Association, and to see that all duties are prperly performed;
(c) As more fully provided in the Declaration, to:
(i) Fix the amount of the annual assessment
against each Lot or Improved Lot at least thirty (30) days in advance
of each annual assessment period;
(ii) Send written notic~ of each assessment to
every Owner subject thereto at least thirty (30) days before its
due date; and
(iii) Foreclose the lien against any property
for which assessments are not paid within thirty (30) days after
-5-
due date or bring an action at law against the Owner personally
obligated to pay the same.
(d) Issue, or to cause an appropriate officer to
issue, upon demand by any person, a certificate setting forth
whether or not any assessment has been paid. A reasonable charge
may be made by the Board for the issuance of these certificates.
If a certificate states an assessment has been paid, such certif-
icates shall be conclusive evidence of such payment;
(e) Procure and maintain adequate liability and
hazard insurance on property owned by the Association;
(f) Cause all officers or employees having fiscal
responsibilities to be bonded, as it may deem appropriate;
(g) Cause the Common Area to be maintained.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of
this Association shall be president and vice-president, who shall
at all times be members of the Board of Directors, a secretary,
and a treasurer, and such other officers as the Board may from time
to time by resolution create.
Section 2. Election of Officers. The election of officers
shall take place at the first meeting of the Board of Directors
following each annual meeting of the members.
Section 3. Term. The officers of this Association shall
be elected annually by the Board and each shall hold office for
one (1) year unless he shall sooner resign, or shall be removed, or
otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect
such other officers as the affairs of the Association may require,
each of whom shall hold office for such period, have such authority,
and perform such duties as the Board may from time to time, determine.
Section 5. Resignation and Removal. Any officer may be
removed from office with or without cause by the Board. Any officer
may resign at any time giving written notice to the Board, the
president or the secretary. Such resignation shall take effect on
the date of the receipt of such notice or at any later time specified
therein, the acceptance of such resignation shall not be necessary
to make it effective.
-6-
Section 6. Vacancies. A vacancy in any office may be
filled by appointment by the Board. The officer appointed to such
vacancy shall serve for the remainder of the term of the officer
he replaces.
Section 7. Multiple Offices. The offices of secretary
and treasurer may be held by the same person. No person shall
simultaeously hold more than one of any of the other offices except
in the case of special offices created pursuant to Section 4 of this
Article.
Section 8.
Duties. The duties of the officers are as
follows:
(a) President. The president shall preside at all
meetings of the Board of Directors; shall see that orders and
resolutions of the board are carried out, shall sign all leases,
mortgages, deeds and other written instruments and may co-sign all
checks and promissory notes.
(b) Vice-President. The vice-president shall act
in the place and stead of the president in the even of his absence,
inability or refusal to act, and shall exercise and discharge such
other duties as may be required of him by the Board.
(c) Secretary. The secretary shall record the
votes and keep the minutes of all meetings and proceedings of the
Board and of the members; keep the corporate seal of the Association
and affix it on all papers requiring said seal; serve notice of
meetings of the Board and of the members; keep appropriate current
records showing the members of the Association together with their
addresses; and shall perform such other duties as required by the
Board.
(d) Treasurer. The treasurer shall receive and
deposit in appropriate bank accounts all monies of the Association
and shall disburse such funds as directed by resolution of the
Board of Directors; shall sign all checks and promissory notes of
the Association; keep proper books of account; cause an annual audit
of the Association books to be made by a public accountant at the
completion of each fiscal year; and shall prepare an annual budget
and a statement of income and expenditures to be presented to the
membership at its regular annual meeting, and deliver a copy of
each to the members.
ARTICLE IX
ARCHITECTURAL REVIEW BOARD OF COMMITTEES
The Association shall appoint an Architectural Review
Board, as provided in the Declaration, and a Nominating Committee,
as provided by these Bylaws. In addition, the Board of Directors
shall appoint other committees as deemed appropriate in carrying
out its purpose.
-7-
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall
at all times, during reasonable business hours, be subject to
inspection by any member. The Declaration, the Articles of Incorpor-
ation and the Bylaws of the Association shall be available for
inspection by any member at the principal office of the Association,
where copies may be purchased at a reasonable cost.
ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration, each member
is obligated to pay the Association annual and special assessments
which are secured by continuing lien upon the property against
which the assessment is made. Any assessment which is not paid when
due shall be delinquent. If the assessment is not paid within
thirty (30) days after the due date, the assessment shall bear
interest from the date of delinquency at the highest rate allowed
by Florida law, and the Association may bring an action at law
against the owner personally obligated to pay the same or foreclose
the lien against the property, and interest, costs, and reasonable
attorneys' fees for pre-trial, appellate and post-judgment collection
proceedings of any such action shall be added to the amount of such
assessment. No owner may waive or otherwise escape liability for
the assessment provided for herein by nonuse of the Common Area or
abandonment of his Lot or Improved Lot.
ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words: Georqetowne Homeowners
Association, Inc., Corporation Not For Profit, 198~.
ARTICLE XIII
AMENDMENTS
Section 1. These Bylaws may be amended at a regular or
special meeting of the members by a majority vote of a quorum of
each class of members present in person or by proxy, except that the
Federal Housing Administration or the Veterans Administration shall
have the right to veto amendments while there is a Class B Membership.
-8-
Section 2. In the case of any conflict between the
Articles of Incorporation and these Bylaws, the Articles shall
control; and in the case of any conflict between the Declaration
and these Bylaws, the Declaration shall control.
ARTICLE XIV
MISCELLANEOUS
The fiscal year of the Association shall begin on the
first day of January and end on the thirty-first day of December
every year, except that the first fiscal year shall begin on the
date of incorporation.
IN WITNESS WHEREOF, we, being all of the directors of
the GEORGE TOWNE
hands this 26th
Homeowners
day of MARCH
Association, have hereto set
, 198 7 .
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Dona d R~~~ President
Will'am W. Tew, Vice President
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C. Wright,
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CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting secretary of the
GEORGETOWNE Homeowners Association, Inc., a Florida corporation,
and
THAT the foregoing Bylaws constitute the original Bylaws
of said Association, as duly adopted at a meeting of the Board of
Directors thereof, held on the 26th day of MARCH , 198~.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed the seal of said Association this 26th day of MARCH
198 7 .
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JacKie C. Wright,
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-9-
ARTICLE V
Membership
Every person or entity who is a record owner of a
fee or undivided fee interest in any lot which is subject by
covenants of record to assessment by the Association shall be
a member of the Association. The foregoing is not intended
to include persons or entities who hold an interest merely as
security for the performance of an obligation. Membership shall
be appurtenant to and may not be separated from ownership of
any lot which is subject to assessment by the Association.
ARTICLE VI
Voting Rights
The Association shall have two classes of voting
membership:
Class A. Class A Members shall be all owners,
with the exception of the Declarant, and shall be entitled to
one vote for each lot owned. When more than one person holds
an interest in any lot, all such persons shall be members.
The Vote for such lot shall be exercised as they determine,
but in no event shall more than one vote be cast with respect
to any lot.
Class B. The Class B Member(s) shall be the
Declarant (s ) (as def ined in the Declarat ion), and shall be
entitled to three (3) votes for each lot owned. The Class B
Membership shall cease and be converted to Class A Membership
on the happening of either of the following events, whichever
occurs earlier:
(a) When the total votes outstanding in
the Class A Membership equal the total votes outstanding in
the Class B Membership plus the total votes that would be out-
standing in the Class B Membership if the Additional Property
or any part thereof as described in the Declaration were
submitted to the Declaration; or
(b) On January 1, 1992.
ARTICLE VII
The affairs and property of this Association shall
be managed and governed by a Board of Directors composed of
not less than three (3), but as many members as the Board of
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GEORGETOWNE, UNIT I
KNOW ALL MEN BY THESE PRESENTS: That this Declaration
of Covenants, Conditions and Restrictions, made and entered
into this /:f/j day of-/Y})/?f?! , 198 ~ , by MAGNOLIA
SERVICE CORPORATION, a Florida corporation, hereinafter
referred to as the Declarant,
WITNESSETH:
WHEREAS, Declarant is the owner of real property
located in the City of Winter Springs, County of Seminole,
State of Florida, which is more particularly described on
Exhibit "A" (the "Total Property"), which will subsequently
be platted into phases for development of single-family,
residential lots; and,
WHEREAS, Georgetowne, Unit I, is a portion of
the Total Property; and,
WHEREAS, Declarant desires to provide for the .~
preservation of the values and amenities in said community ~
and for the maintenance of the Common Area, and improvements $:
thereof, and to this end desires to subject the real property~
herein described to the covenants, restrictions, easements, U1
charges and liens hereinafter set forth, each and all of
which is and are for the benefit of said property and each
owner thereof; and,
WHEREAS, Declarant has deemed it desirable, for
the efficient preservation of the values and amenities in
said community, to create an agency to which could be delegated
and assigned the powers of maintaining and administering
and enforcing the Covenants, Conditions and Restrictions,
and collecting and disbursing the assessments and charges
hereinafter created; and,
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WHEREAS, the Declarant has or will cause to be
incorporated under the laws of the State of Florida, Georgetowne
Homeowners Association, Inc. as a non-profit corporation
for the purpose of exercising the functions aforesaid;
NOW, THEREFORE, Declarant hereby declares that
all of the Declaration Property as defined below shall be
held, sold and conveyed subject to the following easements,
restrictions, covenants and conditions, which shall run
with the said property and be binding on all parties having
any right, title or interest in the described properties
or any part thereof, their heirs, successors and assigns,
and shall inure to the benefit of each owner thereof.
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ARTICLE I
SlY,H:JLE CO. fL.
Definitions
Section 1. "Association" shall mean and refer to George-
towne Homeowners Association, Inc., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee simple
title to any Lot or Improved Lot which is part of the Declaration
Property, but excluding those having such interest merely as
security for the performance of an obligation.
Section 3. "Declaration Property" 1h'2l~ rae"tn and refer
to Georgetowne, Unit I, Plat book 37 ,Pages" " &Fublic Records
of Seminole County, Florida, and such additions thereto as may
hereafter be submitted to this Declaration.
Section 4. "Additional Property" shall refer to any portion
of the Total Property which has not been submitted to this Declaration.
Section 5. "Common Area" shall mean and refer to those
areas of land, and improvements thereon, intended to be devoted to
the common use and enjoyment of the owners and occupants of said
property as shown on any recorded subdivision plat of the Total
Property and dedicated as Common Area by such plat.
Section 6. "Lot" shall mean and refer to any numbered
plot of land shown upon the recorded subdivision map for Georgetowne,
Unit I (and any Additional Property, when annexed), excluding the
Common Area.
Section 7. "Improved Lot" shall mean and refer to each
Lot on which has been constructed a single-family detached dwelling.
Section 8. "Declarant" shall mean and refer to Magnolia
Service Corporation, its successors and assigns, if such successors
or assigns should acquire more than one Lot from the Declarant for
the purpose of development into an Improved Lot. Declarant may
assign its rights and obligations herein to any person or entity
which acquires more than one Lot from Declarant for development into
an Improved Lot while at the same time reserving its status as
Declarant for Lots or Improved Lots owned by Declarant or Lots to
be created by the platting or replatting within the Additional
Property.
ARTICLE II
Property Rights
Section 1. Owners' Easement of Enjoyment. Every Owner
shall have a right and easement of enjoyment 'in and to the Common
Area which shall be appurtenant to and shall pass with the title
to every Lot subject to the following provisions:
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(a) The right of the Association to charge reasonable
admission and other fees and to establish reasonable rules for the
use of the Common Area and recreation facilities contained thereon;
(b) The right of the Association to suspend the
voting rights and right to use of the Common Area by an Owner for
any period during which any assessment against his Lot or Improved
Lot remains unpaid; and for a period not to exceed sixty (60) days
for any infraction of its published rules and regulations;
(c) The right of the Association to dedicate or
transfer all of any part of the Common Area to any public agency,
authority, utility, or for private use for such purpose and subject
to such conditions as may be agreed to by the members. No such
dedication or transfer shall be effective unless an instrument
agreeing to such dedication or transfer signed by two-thirds (2/3)
of each class of members has been recorded.
Section 2. Delegation of Use. Any Owner may delegate,
in accordance with the Bylaws, his right of enjoyment to the Common
Area and facilities to the members of his family, his tenants, or
contract purchasers who reside on his Improved Lot.
ARTICLE III
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Membership and Voting Rights
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Section 1. Every Owner of a Lot which is subject to !~
assessment shall be a member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of any
Lot or Improved Lot which is subject to assessment.
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Section 2.
voting membership:
The Association shall have two classes of
Class A. Class A member(s) shall be all Owners, with
the exception of the Declarant, and shall be entitled to one vote
for each Lot or Improved Lot owned. When more than one person
holds an interest in any Lot or Improved Lot, all such persons
shall be members. The vote for such Lot or Improved Lot shall
be exercised as they determine, but in no event shall more than
one vote be cast with respect to any Lot or Improved Lot.
Class B. Class B member(s) shall be the Declarant and
shall be entitled to three (3) votes for each Lot or Improved Lot
owned. The Class B membership shall cease and be converted to
Class A membership on the happening of either of the following
events, whichever occurs earlier:
(a) When the total votes outstanding in the Class
A Membership equal the total votes outstanding in the Class B
Membership plus the total votes that could possibly be outstanding
in Class B membership if the Additional Property or any part
thereof were submitted to the Declaration, or
(b) On January 1, 1995.
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ARTICLE IV
SE;{;\'JLE C:J. FL.
Covenant for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation
of Assessments. The Declarant, for each Lot owned within the
Declaration Property, hereby covenants, and each Owner of any Lot
or Improved Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association: (1) annual assessments or charges,
and (2) special assessments for capital improvements, such assess-
ments to be established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs,
and reasonable attorneys' fees (including those for appeals), shall
be a charge on the land and shall be a continuing lien upon the
Lot or Improved Lot against which each such assessment is made.
Each such assessment, together with interest, costs, and reasonable
attorneys' fees, shall also be the personal obligation of the person
who was the Owner of such Lot or Improved Lot at the time when the
assessment fell due.
Section 2. Purpose of Assessments. The assessments levied
by the Association shall be used exclusively to promote the recre-
ation, health, safety, and welfare of the residents in the Declara-
tion Property and for the improvement and maintenance of the Common
Area and the portion of each Lot or Improved Lot to be maintained
by the Association.
Section 3. Maximum Annual Assessment. Until January 1
of the year immediately following the conveyance of the first
Improved Lot to an Owner, the maximum annual assessment shall be
Nine Hundred Fifty and no/100 Dollars ($950.00).
(a) From and after January 1 of the year immediately
following the conveyance of the first Improved Lot to an Owner,
the maximum annual assessment may be increased each year to not
more than five percent (5%) above the maximum assessment for the
previous year without a vote of the membership regardless of whether
the actual assessment for the previous year was less than the
maximum assessment permitted hereunder.
(b) From and after January 1 of the year immediately
following the conveyance of the first Improved Lot to an Owner,
the maximum annual assessment may be increased above 5% by a vote
of two-thirds (2/3) of each class of members who are voting in
person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the
assessment at an amount not in excess of the maximum.
monthly, quarterly or annually is at the discretion of
of Directors. Unless otherwise directed by the Board,
ment shall be collected monthly.
annual
Collection
the Board
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Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying in whole
or in part, the cost of any construction, reconstruction, repair
or replacement of a capital improvement upon the Common Area
including fixtures and personal property related thereto, provided
that any such assessment shall have the assent of two-thirds (2/3)
of each class of members who are voting in person or by proxy, at
a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized
Under Sections 3 and 4. Written notice of any meeting called for
the purposes of taking any action authorized under Sections 3 an~
4 shall be sent to all members not less than thirty (30) days no~
more than sixty (60) days in advance of the meeting. At such
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meeting, the presence of members or of proxies entitled to cast r-
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a majority of all the votes of each class of membership shall
constitute a quorum.
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Section 6. Rate of Assessment. All regular and special co
assessments shall be fixed at a uniform rate for each Lot and UJ
Improved Lot; provided, however, that until such time as the Class
B Membership converts to Class A Membership, the maintenance costs
for the Lots and Improved Lots (if any) owned by Declarant charge-
able to the Declarant will be determined as follows: The total
amounts charged for common expenses to Class A members will be
deducted from the total common expenses as incurred by the Association
and the difference will be paid by the Declarant as its contribution
to cover the common expense for the Lots and Improved Lots (if any)
owned by Declarant; provided, however, the contribution for Class
B members for each Lot and Improved Lot owned by Declarant shall
be no greater than that paid by Class A members and no less than
twenty-five percent (25%) of the total amount assessed each Class
A member per Lot. The Association shall have a lien upon all
Lots and Improved Lots owned by Declarant until such assessment is
paid; such lien to be enforceable in accordance with this Article.
After the Class B Membership converts to Class A Membership, the
Declarant will pay the same assessment for common expenses on each
of its Lots and Improved Lots as every other Owner. Nothing in
this Section 6 shall be construed to require an Owner other than
the Declarant to pay more than the maximum annual assessment in
Section 3 above except in accordance with that section. Nor
shall this Section 6 be construed to require an Owner other than
the Declarant to pay more than his proportionate share (based on
the total number of Lots in Georgetowne submitted to this
Declaration) of the estimated operating budget for the year in
question, which budget shall be determined as if all platted lots
in Georgetowne were occupied and the Association were in full
operation.
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Section 7. Date of Commencement of Assessments; Due Date.
The assessments provided for herein shall commence on the first day
of the month following the conveyance of the Common Area to the
Association. The due date of any assessment shall be fixed in the
resolution authorizing such assessment. The assessments shall be
payable in monthly, quarterly, or annual installments as determined
by the Board. The Board of Directors shall fix the amount of
annual assessment against each Lot and Improved Lot at least thirty
(30) days before each annual assessment period. Written notice
of the annual assessment shall be sent to every Owner subject
thereto. Upon demand, the Association shall for a reasonable charge
furnish a certificate signed by an Officer of the Association
stating whether the assessments against the Lot or Improved Lot
have been paid.
Section 8. Effect of Non-payment of Assessment: Remedies
of the Association. Any assessment not paid within thirty (30)
days after the due date shall bear interest from the due date at
the highest rate allowed by Florida law. The Association may bring
an action at law against the Owner personally obliged to pay the
same, or foreclose the lien against the property. 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 Lot
or Improved Lot.
Section 9. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be subordinate
to the lien of any first mortgage. Sale or transfer of any Lot
or Improved Lot shall not affect the assessment lien. However,
the sale or transfer of any Lot or Improved Lot pursuant to
mortgage foreclosure or any proceeding in lieu thereof, shall co
extinguish the lien of such assessments as to payments which becameuu
due prior to such sale or transfer. No sale or transfer shall ~ ~
relieve such Lot or Improved Lot from liability for any assessme~~
thereafter becoming due from the lien thereof. m
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ARTICLE V
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Architectural Control
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No building, fence, wall, wall exterior antennas,
satellite dishes, or other structure shall be commenced, erected
or maintained upon the Declaration Property or any portion thereof,
nor shall any exterior addition to or change or alteration therein
be made until the plans and specifications showing the nature, kind,
shape, height, materials, and location of the same shall have been
submitted to and approved in writing as to harmony of exterior
design and location in relation to surrounding structures and
topography by the Board of Directors of the Association or by an
Architectural Review Board composed of three (3) or more represent-
atives appointed by the Board. In the event said Board, or its
designated committee, fails to approve or disapprove such design
and location within thirty (30) days after said plans and specifi-
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cations have been submitted to it, approval will not be required
and this Article will be deemed to have been fully complied with.
ARTICLE VI
Architectural Review Board
Section 1. Composition. The Declarant, upon the
recording of this Declaration, shall form a committee known as
the "Architectural Review Board" (hereinafter referred to as
"ARB"), initially consisting of three (3) persons designated by
the Declarant. The ARB shall maintain this composition until
control of the Association has been passed on to the Owners other
than the Declarant. At such time, the ARB shall be appointed by
the Board of Directors of the Association and shall serve at the
pleasure of said Board; provided, however, that in its selectio~,
the Board of Directors of the Association shall be obligated to~
appoint a designated representative of Declarant to such Board ~
for so long as Declarant owns any Lot or Improved Lot. Neither~l
the Association, the Board of Directors of said Association, no~
the Members of the Association, shall have the authority to ame9P
or alter the number of members of the ARB which is irrevocably :
herein set forth as three (3) members.
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duties and powers:
Duties.
The ARB shall have the following
(a) To amend from time to time the planning
criteria. Any amendments shall be set forth in writing and be
known to all members and to all prospective members of the Associ-
ation. Any amendment shall include any and all matters considered
appropriate by the ARB not inconsistent with the provisions of
the Declaration;
(b) To consider for approval all buildings,
fences, walls, pools or other structures which shall be commenced,
erected or maintained within the Lots, Improved Lots or Common
Areas and to consider for approval any exterior additions to or
changes or alterations therein. For any of the above and as a
precondition to consideration for approval, the ARB shall be
furnished written plans and specifications showing the nature,
type, shape, height, color, materials, and location of the same.
The ARB shall consider all matters submitted for approval as to
the harmony of the external design and location in relating to
surrounding structures and topography and shall, in writing,
approve or disapprove all matters submitted to it within thirty
(30) days of receipt of such submission;
(c) To approve any such building plans specifica-
tions, lot grading, landscaping plans; and the conclusion and opinion
of the ARB shall be binding, if in its opinion, for any reason,
including purely aesthetic reasons, the ARB should determine that
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said improvement, alterations, etc., is not consistent with the
planned development of the Declaration Property or lands contiguous
thereto;
(d) To require to be submitted to it for approval
any samples of building materials proposed or any other data or
information necessary to reach its decision;
(e) To require any builder to submit a set of
plans and specifications to the ARB prior to obtaining a buildin~
permit, which set of plans and specifications shall become the ili
property of the ARB. The work contemplated must be performed ~
substantially in accordance with the plans and specifications ~1
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All approvals of plans and specifications must be
evidenced by the signature of the Association President or the
Vice President on the plans or specifications furnished. The
existence of the signature of the Association President or Vice
President on any plans or specifications shall be conclusive proof
of the approval by the ARB of such plans and/or specifications.
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Section 3. Enforcement. Should any Owner fail to
comply with the requirements hereof after thirty (30) days written
notice, the ARB, the Declarant, and/or the Board of Directors of
the Association shall have the right to enter upon the Lot or
Improved Lot, make such corrections or modifications as are
necessary, or remove anything in violation of the provisions hereof
and charge the cost thereof to the Owner. Should the ARB, the
Declarant, and/or the Board of Directors be required or elect to
enforce the provisions hereof by legal action, the reasonable
attorneys' fees and costs incurred, whether or not judicial pro-
ceedings are involved, including the attorneys' fees and costs
incurred on appeal of such judicial proceedings, shall be collectible
from the Owner. The ARB, the Declarant and the Board of Directors
of the Association, or its agents or employees, shall not be
liable to the Owner unless caused by negligent action of the ARB,
the Declarant, or the Board of Directors.
Section 4. Appeal Process. In the event of a disapproval
of plans and specifications the Builder or Owner may appeal in
writing to the Board of Directors no later than fifteen (15) days
after notice of disapproval. The Board of Directors shall have
thirty (30) days to rule on the appeal.
Section 5. Declarant Exemption. Not withstanding anything
set forth in Articles V or VI, Declarant shall not be controlled
by nor shall Declarant be required to submit plans to the ARB, nor
shall the ARB have authority to, in any manner, control or inter-
fere with Declarant's construction on unimproved lots.
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ARTICLE VII
Staged Developments
Section 1. All and/or a portion of the Additional
Property may be annexed by the Declarant without the consent of
members within ten years of the date of this instrument provided
that the FHA, the VA or the FNMA determine that the annexation
is in accord with the general plan of development heretofore
approved. The Declarant shall not be required to make such additions,
and until such time as such additions are made to the subdivision,
the Additional Property, shall not be affected by or become subject
to this Declaration.
Section 2. The additions authorized under this Article
shall be made by filing of record a Supplemental Declaration of
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Covenants, Conditions, and Restrictions which shall extend the rn
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scheme of the Declaration to such Additional Property.
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Section 3. If an annexation referred to in Section 1 ~
above occurs prior to January 1, 1992, there shall be three 0
additional Class B votes for each Lot owned by the Declarant in r
any such additional land annexed and the terms of this Section 3'
shall apply to all subsequent annexations.
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ARTICLE VIII
Maintenance
Section 1. The Association, subject to the rights of
the Owners set forth herein, shall be responsible for the exclusive
management, maintenance, repair, replacement and control of the
Common Area, including the subdivision perimeter wall, and the
Association shall keep or cause the same to be kept in good, clean,
attractive order and repair.
Section 2. The Association shall maintain all roadways,
parking areas, sidewalks, utility easements, and the subdivision
perimeter wall as a common expense.
Section 3. Upon two-thirds (2/3) vote by the Board of
Directors, the Association may adopt a program for grounds main-
tenance of all or a portion of the Improved Lots in addition to
the Common Area. If the Association adopts such a program, it
shall be funded through the Association assessments, and the
Association shall have the unrestricted right of access to, through,
across and over the Improved Lots for the purpose of such main-
tenance or replacement or installation of and care for the desig-
nated areas of the Improved Lots to which the maintenance program
applies.
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Section 4. Except for this portion of an Improved Lot
which may be maintained in accordance with Section 3 of this
Article, each Owner shall maintain his Improved Lot, the improve-
ments and the landscaping and shrubbery thereon in good order
and repair and free and clear of debris and trash.
Section 5. The Association, in the exercise of its
discretion, may require established levels of maintenance and
upkeep of the Improved Lots and may reasonably regulate and control
and makes rules relating to the maintenance of the Improved Lots,
the landscaping and the improvements thereon. In the event an
Owner of any Improved Lot shall fail to maintain the premises
and the improvements situated thereon in a manner satisfactory to
the Board of Directors, the Association, after approval by
two-thirds (2/3) vote of the Board of Directors, shall have the
right, through its agents and employees, to enter upon said
Improved Lot and to repair, maintain, and restore the Improved
Lot and the exterior of the improvements erected thereon. The
cost of such maintenance shall be added to and become part of the
assessment to which such Improved Lot is subject.
Section 6. The Association shall have a right and
easement in and to the land comprising each Improved Lot in ord~r
to maintain same in accordance with this Article and said right~
and easement shall be a covenant running with the land as to ~
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ARTICLE IX
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Insurance
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Section 1. Insurance. Insurance, other than title
insurance, which shall be carried upon the Common Area by the
Association shall be covered by the following provisions.
Section 2. Authority to Purchase. All insurance policies
upon the Common Area shall be purchased by the Association for
the benefit of the Association.
Section 3.
Coverage.
A. Casualty. All buildings and improvements upon
the land and all personal property included in the Common Areas
shall be insured in an amount equal to the maximum insurable
replacement value, excluding foundation and excavation costs, as
determined by the Board of Directors of the Association. Such
coverage shall afford protection against:
1) Loss or damage by fire and other hazards
covered by a standard extended coverage; and
2) Such other risks as from time to time shall
be customarily covered with respect to buildings similar in
construction, location and use as the buildings on the land,
including but not limited to vandalism and malicious mischief.
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B. Public Liability. In such amounts and such
coverage as may be required by the Board of Directors of the
Association.
C. Workmen's Compensation Policy. To meet the
requirements of law.
D. Other. Such other insurance as the Board of
Directors of the Association shall determine from time to time
to be desirable including, but not limited to, liability insurance
for directors, officers or employees of the Association.
Section 4.
a common expense.
Premiums. Premiums for insurance shall be
Premiums shall be paid by the Association.
Section 5. Insurance Proceeds. All insurance policies~
purchased by the Association shall be for the benefit of the ~
Association and shall provide that all proceeds covering propert~
losses shall be paid to the Association. The duty of the Asso- ~
ciation shall be to receive such proceeds as are paid and to ho~
the same in trust for the purposes elsewhere stated herein. -,
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Section 6. Distribution of Proceeds. Proceeds of ~
insurance policies received by the Association shall be distributed
in the following manner:
(a) Reconstruction or Repair. If the damage for
which the proceeds are paid is to be repaired or reconstructed,
the proceeds shall be paid to defray the cost thereof as elsewhere
provided. Any proceeds remaining after defraying such costs
shall be the sole property of the Association.
(b) Failure to Reconstruct or Repair. If it is
determined in the manner elsewhere provided that the damage for
which the proceeds are paid shall not be reconstructed or repaired,
the remaining proceeds shall be distributed to the beneficial
owners.
ARTICLE X
Reconstruction or Repair After Casualty
Section 1. Determination to Reconstruct or Repair. If
any part of the Common Area shall be damaged by casualty the same
shall be reconstructed or repaired.
Section 2. Plans and Specifications. Any reconstruction
or repair must be substantially in accordance with the plans and
specifications of the original building and improvements; or if
not, then according to plans and specifications approved by the
Board of Directors of the Association.
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Section 3. Estimate of Costs. When the Association
shall have the responsibility of reconstruction or repair, prior
to the commencement of reconstruction and repair, the Association
shall obtain reliable and detailed estimates of cost to repair
or rebuild.
Section 4. Assessments for Reconstruction and Repair.
If the proceeds of insurance are not sufficient to defray the
estimated cost of reconstruction and repair by the Association,
or if at any time during reconstruction and repair, or upon
completion of reconstruction and repair, the funds for payment
of the cost of reconstruction and repair are insufficient, assess-
ment shall be made against the Owners on a uniform basis in
sufficient amounts to provide funds for the payment of such costs. --
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Section 5. Construction Funds. The funds for the paym~tU0
of costs for reconstruction and repair after casualty, which sh~l~
consist of the proceeds of insurance and funds collected by the~
Association from assessments against Owners shall be disbursed n
in payment of such costs in the following manner: 0
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(a) Association. In all cases the Association
shall hold the sums paid upon such assessments and the insurance
proceeds and shall disburse the same in payment of the costs of
reconstruction and repair.
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(1) Association - Minor Damage - If the amount
of the estimated cost of reconstruction and repair which is the
responsibility of the Association is less than $10,000, then the
construction fund shall be disbursed in payment of such costs
upon the order of the Association.
(2) Association - Major Damage - If the amount
of the estimated costs of reconstruction and repair which is
the responsibility of the Association is more than $10,000, then
the construction fund shall be disbursed in payment of such costs
in the manner required by the Board of Directors of the Association
and upon approval of an architect qualified to practice in Florida
and employed by the Association to supervise the work.
ARTICLE XI
Regulations
Section 1. Land Use and Building Type. No lot shall be
used except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than one
detached, single-family dwelling having a minimum, air-conditioned
living area of 1,200 square feet. None of the dwellings shall
exceed thirty-five (35) feet in height.
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Section 2. Building Location (Setbacks). A front set-
back line of twenty (20) feet is required for all lots. A rear
setback of fifteen (15) feet is required, except that a rear
setback of twenty-five (25) feet is required for the following
Lots: Lots 8-23, inclusive; Lots 65-73, inclusive; and Lots,
82-85, inclusive; and, further, within this 25-foot setback, no
pools, pool enclosures, or other structures shall be allowed
within ten (10) feet of said rear lot lines, or sides in the cases
of corner lots. There shall be a minimum of ten (10) feet between
each dwelling.
Section 3. Temporary Buildinqs. Except for construction,
sales and marketing structures, trailers or buildings owned or
allowed by Declarant, no tents, trailers, shacks, tanks, temporary
or accessory buildings or structures shall be erected or permitted
to remain on any Lot or Improved Lot without the written consent
of the Association.
Section 4. Nuisance and Trespassing. Nothing shall
be done on any Lot or Improved Lot which may be or may become an
annoyance or nuisance to the neighborhood. In the event of any
question as to what may be or may become a nuisance, such questiqn
shall be submitted to the Association for a decision in writing, ~
which decision shall be final. The Board of Directors shall hav~
the authority to have any unauthorized person arrested or unauthQ;,
rized vehicle removed from the Declaration Property. g
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Section 5. Signs. Other than Declarant's rights set' UJ
forth above, no sign of any kind shall be erected or displayed by ~
an Owner on any of the Lots, Improved Lots or Common Area or any
structure thereon unless the Association has approved in writing
the design, materials, lettering and location of said sign, except
one (1) normal real estate sign not exceeding 216 square inches
indicating property is "For Sale" or "For Rent."
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Section 6. Laundry. There shall be no exterior clothes-
lines or display of clothes, sheets, blankets, or other laundry
on any Lot except those clotheslines to be used as a part of, and
those displays of laundry displayed on, a clothesline of an umbrella
or roll-up type, which shall be collapsed or rolled up when laundry
is not being dried, and which shall only be placed in the rear
yard of an Improved Lot and which cannot be seen from any street.
Section 7. Weeds and Refuse. No weeds, underbrush or
other unsightly growths shall be permitted to grow or remain upon
any Improved Lot, and no refuse pile or unsightly objects shall
be allowed to be placed or suffered to remain anywhere thereon;
and in the event that the Owner shall fail or refuse to keep his
Improved Lot free of weeds, underbrush or refuse piles or other
unsightly growths or objects, then after giving the Owner fifteen
(15) days written notice, the Association may enter upon such
Improved Lot and remove the same at the expense of the Owner, and
such entry shall not be deemed trespass. All garbage or trash
containers must be placed in walled-in areas or bins so that they
shall not be visible from the adjoining properties.
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Section 8. Vehicles and Repair. No inoperative automo-
biles, trucks, trailers or other types of vehicles shall be
allowed to remain either on or adjacent to any Improved Lot for
a period in excess of forty-eight (48) hours. All boats, boat
trailers, detached campers and other type detached trailers are
prohibited, without the specific approval, in writing, by the ARB.
Small recreation vehicles (vans) are allowed if used as one of
a maximum of two vehicles in the family and parked within the
Owner's Improved Lot. Any other permanent licensable vehicle must
be specifically approved by the ARB. Temporary exceptions to
this rule may be granted in writing by the ARB or by the Directors
of the Association.
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Section 9. Household Pets and Livestock. No animals, -
livestock or poultry of any kind shall be raised, bred or kept on~
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household pets may be kept, provided that they are not kept, bred~
or maintained for any commercial purpose and provided that they ~
are leashed when off the Owner's premises.
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Section 10. Mailboxes. All mailboxes shall be of the
same design and construction. It shall be the duty of each Owner
to maintain said mailboxes in their original condition. Should
the mailboxes become damaged beyond repair, then it shall be the
duty and obligation of the Owner thereof to purchase another
mailbox from the Association and to pay for the installation thereof.
Section 11. Fences. No fence or wall shall be con-
structed, erected or maintained on or around any portion of a Lot
that is within the minimum front building setback line, nor, in
any event, any closer to the front line than a line paralleling
the front building wall of the residence dwelling where a dwelling
is set back. This prohibition shall not apply to any subdivision
perimeter wall or fence. Within the other portions of the Lot,
no fence or wall shall be erected which is greater than six (6)
feet in height. No material shall be used for any fence or wall
other than redwood, or other solid wood, brick or stone. No chain
link nor exposed concrete block (other than decorative or textured
block) shall be used. Any subdivision perimeter wall or fence
that may be built shall not be removed, altered or damaged in any manner.
Section 12. Mechanical Features. All exterior pumps,
motors, air conditioning compressors, storage tanks and other
mechanical features shall be screened from view if visible from
the street in front of the house either by a decorative structure
36 inches in height or mature landscaping materials capable of
obstructing view from said street.
Section 13. Swimming Pools, Recreational Structures
and Screened Rooms. Any swimming pool, recreational structure
or screened room to be constructed upon any Lot shall be subject
to review by the ARB.
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Section 14. Common Area. The Association shall at all
times maintain the Common Area in good condition and repair
(including but not limited to the pool, the cabana and the perimeter
landscaping, wall or fence).
ARTICLE XII
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Easement Areas
Section 1. Easement for Encroachments. In the event
any portion of any Lot or improvement thereon encroaches upon
another Lot or Improved Lot or Co~~on Area as a result of the
construction, reconstruction, repair, shifting, settlement or
moving of any portion of any improvement on the Lot or Improved
Lot or Common Area, a valid easement for the encroachment and for
the maintenance of same shall exist so long as the encroachment
exists and so long as the Board of Directors of the Association
determines that the encroachment was inadvertent.
Section 2. General Easements. Easements are hereby
reserved by the Declarant for roadways, utility, landscape, drainage,
or perimeter wall purposes in Georgetowne, Unit I, as indicated
by the recorded Plat thereof. The Declarant reserves the right
to assign any and all easements shown on the recorded Plat, or
which are hereinafter created for installation of utilities, land-
scape or other uses deemed by Declarant to be necessary or appropriate
for the service of or ingress and egress to and from the Total
Property. The Declarant hereby reserves and grants for itself, its
successors and assigns easements, and the right to grant and create
easements, through and across the Declaration Property, the Additional
Property and the Total Property for purposes of ingress and egress
and to provide installation, maintenance, repair and replacement
of water, sewer and other utility service and stormwater drainage
for the Total Property.
Section 3. Reciprocal Easements. The reciprocal appur-
tenant easements between Lots are created on the Plat of the
Declaration Property. These easements, in all instances, may be
utilized by the dominant and subservient owners as indicated on
the Plat.
Section 4. Easement for Service. A perpetual easement
is granted to all police, fire protection, ambulance, mailmen and
deliverymen, and all similar persons to enter upon the streets,
drives and walkways on the Declaration Property in the performance
of their duties.
Section 5. Easement over Common Area. Upon conveyance
by Declarant of title to the first Lot, Declarant shall convey
the title to the Common Area to the Association, free and clear
of all liens, easements and encumbrances except those of record
and those reserved and granted herein; provided, however, for so
long as Declarant owns any Lot or Improved Lot, Declarant retains
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an easement for itself, its assigns, agents, invitees and licensees
to the extent necessary to complete construction of the Declaration
Property, the Additional Property or the Total Property, or any
portion thereof, to show and sell Lots or Improved Lots, including
the unrestricted right to erect signs, to use the Improved Lots
as models and sales offices, and to use the Common Area for ingress
and egress and for marketing and sales activities.
Section 6. Amendment. This Declaration may be amended
during the first twenty (20) year period by an instrument signed
by not less than ninety percent (90%) of both classes of members,
and thereafter by an instrument signed by not less than seventy-
five percent (75%) of the members. Any amendment must be recorded
in the Public Records of Seminole County, Florida.
Section 7. Annexation. 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. Notwithstanding the
foregoing, neither class of members shall have the right to approve
the annexation of the Additional Property as set forth in Article
VII above, which right shall be vested solely in Declarant. ~
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Section 8. FHA/VA Approval. So long as there is a ~
Class B membership, the following actions will require the prior~
approval of the Federal Housing Administration or the Veterans g
Administration: annexation of additional properties, dedication ~
of common area, amendment of this Declaration. :
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IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has caused this document to be, execute by its duly
authorized officer, this /fd day of !...J./l2i<,(:.., , 1987 .
~MAJ(2 tYvL)ff!(]/JL
Witness
MAGNOLIA SERVICE CORPORATIQ~:ii"OIi";,-
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STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned authority, personally appeared
Donald R. Greer, President, of MAGNOLIA SERVICE CORPORATION, a
Florida corporation, to me known to be the person who signed the
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foregoing instrument as such officer and for the uses and purposes
therein mentioned and that he affixed thereto the official seal
of said corporation.
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WITNESS
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EXHIBIT -A"
SEI~liIOLE CO. FL.
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From the centerline of intersection of Winter Springs Boulevard
and Northern Way, as shown in Plat of Winter Springs Unit Four,
as recorded in Plat Book 18, Pages 6, 7 and 8, Public Records of
Seminole County, Florida; run N.86023'05.E. along the centerline
of Winter Springs Boulevard and along a prolongation of said
centerline 282.85 feet to the point of curvature of a curve
concave Northwesterly, having a radius of 1145.92 feet and a
central angle of 58054'39.; thence run Northeasterly along the
arc of said curve 1178.22 feet to the point of tangency; thence
run N.27028'26-E. 261.56 feet to the point of curvature of a
curve concave Southeasterly, having a radius of 1155.18 feet and
a central angle of 34046'29"; thence run Northeasterly along the
arc of said curve 701.12 feet; thence run N.27045'05"W. 60.00
feet to the point of beginning; thence continue N.27045'05.W.
179.07 feet to the Southerly line of a Florida Power Corporation
easement recorded in Deed Book 193, Page 276, of the Public
Records of Seminole County, Florida; thence run N.850l0'12"w.
along said Southerly line 904.73 feet to a point on a curve
concave Northwesterly, and having a radius of 298.47 feet; thence
from a tangent bearing of N.5l029'09"E. run Northerly along the
arc of said curve 222.62 feet through a central angle of
42044'09" to the point of tangency; thence run N.08045'00"E.
361.47 feet to the point of curvature of a curve concave
Southeasterly, and having a radius of 542.61 feet; thence run
Northeasterly along the arc of said curve 769.68 feet through a
central angle of 81016'24. to the point of tangency; thence run
S.89058'36.E. 1265.00 feet to the point of curvature of a curve
concave Southwesterly, and having a radius of 25.00 feet; thence
run Southeasterly along the arc of said curve 39.27 feet through
a central angle of 90000'00. to the point of tangency; ;thence
run S.00001'24.W. 522.84 feet to the point of curvatuare of a
curve concave Westerly, and having a radius of 363.50 feet;
thence run Southerly along the arc of said curve 258.75 feet
through a central angle of 40047'06. to a point of reverse
curvature of a curve concave Easterly, and having a radius of
443.50 feet; thence run Southerly along the arc of said curve
315.70 feet through a central angle of 40047'06- to the point of
reverse curvature of a curve concave Northwesterly, and having a
radius of 25.00 feet; thence run southwesterly along the arc of
said curve 39.27 feet through a central angle of 90000'00. to the
point of tangency; thence run N.89058'36.W. 218.00 feet to the
point of curvature of a curve concave Southerly and having a
radius of 1215.18 feet; thence run Westerly along the arc of said
curve 589.07 feet through a central angle of 27046'29. to the
point of beginning, containing 43.9151 acres more or less and
subject to restrictions of record.
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ARTICLE I
StY:,',J~t CLJ. It...
Definitions
Section 1. "Association" shall mean and refer to George-
towne Homeowners Association, Inc., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee simple
title to any Lot or Improved Lot which is part of the Declaration
Property, but excluding those having such interest merely as
security for the performance of an obligation.
Section 3. "Declaration Property" shall mean and refer
to Georgetowne, Unit I, Plat book , Page , Public Records
of Seminole County, Florida, and such additions thereto as may
hereafter be submitted to this Declaration.
Section 4. "Additional Property" shall refer to any portion
of the Total Property which has not been submitted to this Declaration.
Section 5. "Common Area" shall mean and refer to those
areas of land, and improvements thereon, intended to be devoted to
the common use and enjoyment of the owners and occupants of said
property as shown on any recorded subdivision plat of the Total
Property and dedicated as Common Area by such plat.
Section 6. "Lot" shall mean and refer to any numbered
plot of land shown upon the recorded subdivision map for Georgetowne,
Unit I (and any Additional Property, when annexed), excluding the
Common Area.
Section 7. "Improved Lot" shall mean and refer to each
Lot on which has been constructed a single-family detached dwelling.
Section 8. "Declarant" shall mean and refer to Magnolia
Service Corporation, its successors and assigns, if such successors
or assigns should acquire more than one Lot from the Declarant for
the purpose of development into an Improved Lot. Declarant may
assign its rights and obligations herein to any person or entity
which acquires more than one Lot from Declarant for development into
an Improved Lot while at the same time reserving its status as
Declarant for Lots or Improved Lots owned by Declarant or Lots to
be created by the platting or replatting within the Additional
Property.
ARTICLE II
Property Rights
Section 1. Owners' Easement of Enjoyment. Every Owner
shall have a right and easement of enjoyment in and to the Common
Area which shall be appurtenant to and shall pass with the title
to every Lot subject to the following provisions:
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(a) The right of the Association to charge reasonable
admission and other fees and to establish reasonable rules for the
use of the Common Area and recreation facilities contained thereon;
(b) The right of the Association to suspend the
voting rights and right to use of the Common Area by an Owner for
any period during which any assessment against his Lot or Improved
Lot remains unpaid; and for a period not to exceed sixty (60) days
for any infraction of its published rules and regulations;
(c) The right of the Association to dedicate or
transfer all of any part of the Common Area to any public agency,
authority, utility, or for private use for such purpose and subject
to such conditions as may be agreed to by the members. No such
dedication or transfer shall be effective unless an instrument
agreeing to such dedication or transfer signed by two-thirds (2/3)
of each class of members has been recorded.
Section 2. Delegation of Use. Any Owner may delegate,
in accordance with the Bylaws, his right of enjoyment to the Common
Area and facilities to the members of his family, his tenants, or
contract purchasers who reside on his Improved Lot.
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Section 1. Every Owner of a Lot which is subject to r
assessment shall be a member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of any
Lot or Improved Lot which is subject to assessment.
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Section 2.
voting membership:
The Association shall have two classes of
Class A. Class A member(s) shall be all Owners, with
the exception of the Declarant, and shall be entitled to one vote
for each Lot or Improved Lot owned. When more than one person
holds an interest in any Lot or Improved Lot, all such persons
shall be members. The vote for such Lot or Improved Lot shall
be exercised as they determine, but in no event shall more than
one vote be cast with respect to any Lot or Improved Lot.
Class B. Class B member(s) shall be the Declarant and
shall be entitled to three (3) votes for each Lot or Improved Lot
owned. The Class B membership shall cease and be converted to
Class A membership on the happening of either of the following
events, whichever occurs earlier:
(a) When the total votes outstanding in the Class
A Membership equal the total votes outstanding in the Class B
Membership plus the total votes that could possibly be outstanding
in Class B membership if the Additional Property or any part
thereof were submitted to the Declaration, or
(b) On January 1, 1995.
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ARTICLE IV
SE~{;~O~[ C:J. FL.
Covenant for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation
of Assessments. The Declarant, for each Lot owned within the
Declaration Property, hereby covenants, and each Owner of any Lot
or Improved Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association: (1) annual assessments or charges,
and (2) special assessments for capital improvements, such assess-
ments to be established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs,
and reasonable attorneys' fees (including those for appeals), shall
be a charge on the land and shall be a continuing lien upon the
Lot or Improved Lot against which each such assessment is made.
Each such assessment, together with interest, costs, and reasonable
attorneys' fees, shall also be the personal obligation of the person
who was the Owner of such Lot or Improved Lot at the time when the
assessment fell due.
Section 2. Purpose of Assessments. The assessments levied
by the Association shall be used exclusively to promote the recre-
ation, health, safety, and welfare of the residents in the Declara-
tion Property and for the improvement and maintenance of the Common
Area and the portion of each Lot or Improved Lot to be maintained
by the Association.
Section 3. Maximum Annual Assessment. Until January 1
of the year immediately following the conveyance of the first
Improved Lot to an Owner, the maximum annual assessment shall be
Nine Hundred Fifty and no/100 Dollars ($950.00).
(a) From and after January 1 of the year immediately
following the conveyance of the first Improved Lot to an Owner,
the maximum annual assessment may be increased each year to not
more than five percent (5%) above the maximum assessment for the
previous year without a vote of the membership regardless of whether
the actual assessment for the previous year was less than the
maximum assessment permitted hereunder.
(b) From and after January 1 of the year immediately
following the conveyance of the first Improved Lot to an Owner,
the maximum annual assessment may be increased above 5% by a vote
of two-thirds (2/3) of each class of members who are voting in
person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum. Collection
monthly, quarterly or annually is at the discretion of the Board
of Directors. Unless otherwise directed by the Board, the assess-
ment shall be collected monthly.
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Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying in whole
or in part, the cost of any construction, reconstruction, repair
or replacement of a capital improvement upon the Common Area
including fixtures and personal property related thereto, provided
that any such assessment shall have the assent of two-thirds (2/3)
of each class of members who are voting in person or by proxy, at
a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized
Under Sections 3 and 4. Written notice of any meeting called for
the purposes of taking any action authorized under Sections 3 an~
4 shall be sent to all members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting. At such
meeting, the presence of members or of proxies entitled to cast (,:
a majority of all the votes of each class of membership shall
constitute a quorum.
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Section 6. Rate of Assessment. All regular and special co
assessments shall be fixed at a uniform rate for each Lot and to
Improved Lot; provided, however, that until such time as the Class
B Membership converts to Class A Membership, the maintenance costs
for the Lots and Improved Lots (if any) owned by Declarant charge-
able to the Declarant will be determined as follows: The total
amounts charged for common expenses to Class A members will be
deducted from the total common expenses as incurred by the Association
and the difference will be paid by the Declarant as its contribution
to cover the common expense for the Lots and Improved Lots (if any)
owned by Declarant; provided, however, the contribution for Class
B members for each Lot and Improved Lot owned by Declarant shall
be no greater than that paid by Class A members and no less than
twenty-five percent (25%) of the total amount assessed each Class
A member per Lot. The Association shall have a lien upon all
Lots and Improved Lots owned by Declarant until such assessment is
paid; such lien to be enforceable in accordance with this Article.
After the Class B Membership converts to Class A Membership, the
Declarant will pay the same assessment for common expenses on each
of its Lots and Improved Lots as every other Owner. Nothing in
this Section 6 shall be construed to require an Owner other than
the Declarant to pay more than the maximum annual assessment in
Section 3 above except in accordance with that section. Nor
shall this Section 6 be construed to require an Owner other than
the Declarant to pay more than his proportionate share (based on
the total number of Lots in Georgetowne submitted to this
Declaration) of the estimated operating budget for the year in
question, which budget shall be determined as if all platted lots
in Georgetowne were occupied and the Association were in full
operation.
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Section 7. Date of Commencement of Assessments; Due Date.
The assessments provided for herein shall commence on the first day
of the month following the conveyance of the Common Area to the
Association. The due date of any assessment shall be fixed in the
resolution authorizing such assessment. The assessments shall be
payable in monthly, quarterly, or annual installments as determined
by the Board. The Board of Directors shall fix the amount of
annual assessment against each Lot and Improved Lot at least thirty
(30) days before each annual assessment period. Written notice
of the annual assessment shall be sent to every Owner subject
thereto. Upon demand, the Association shall for a reasonable charge
furnish a certificate signed by an Officer of the Association
stating whether the assessments against the Lot or Improved Lot
have been paid.
Section 8. Effect of Non-payment of Assessment: Remedies
of the Association. Any assessment not paid within thirty (30)
days after the due date shall bear interest from the due date at
the highest rate allowed by Florida law. The Association may bring
an action at law against the Owner personally obliged to pay the
same, or foreclose the lien against the property. 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 Lot
or Improved Lot.
Section 9. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be subordinate
to the lien of any first mortgage. Sale or transfer of any Lot
or Improved Lot shall not affect the assessment lien. However,
the sale or transfer of any Lot or Improved Lot pursuant to
mortgage foreclosure or any proceeding in lieu thereof, shall ~
extinguish the lien of such assessments as to payments which becameU)
due prior to such sale or transfer. No sale or transfer shall ~- ~
relieve such Lot or Improved Lot from liability for any assessmen~
thereafter becoming due from the lien thereof. i~
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ARTICLE V
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Architectural Control
No building, fence, wall, wall exterior antennas,
satellite dishes, or other structure shall be commenced, erected
or maintained upon the Declaration Property or any portion thereof,
nor shall any exterior addition to or change or alteration therein
be made until the plans and specifications showing the nature, kind,
shape, height, materials, and location of the same shall have been
submitted to and approved in writing as to harmony of exterior
design and location in relation to surrounding structures and
topography by the Board of Directors of the Association or by an
Architectural Review Board composed of three (3) or more represent-
atives appointed by the Board. In the event said Board, or its
designated committee, fails to approve or disapprove such design
and location within thirty (30) days after said plans and specifi-
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cations have been submitted to it, approval will not be required
and this Article will be deemed to have been fully complied with.
ARTICLE VI
Architectural Review Board
Section 1. Composition. The Declarant, upon the
recording of this Declaration, shall form a committee known as
the "Architectural Review Board" (hereinafter referred to as
"ARB"), initially consisting of three (3) persons designated by
the Declarant. The ARB shall maintain this composition until
control of the Association has been passed on to the Owners other
than the Declarant. At such time, the ARB shall be appointed by
the Board of Directors of the Association and shall serve at the
pleasure of said Board; provided, however, that in its selectio~,
the Board of Directors of the Association shall be obligated to~:
appoint a designated representative of Declarant to such Board ~.
for so long as Declarant owns any Lot or Improved Lot. Neitherr
the Association, the Board of Directors of said Association, noE
the Members of the Association, shall have the authority to ame~d
or alter the number of members of the ARB which is irrevocably ~
herein set forth as three (3) members.
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Section 2.
duties and powers:
Duties. The ARB shall have the following
(a) To amend from time to time the planning
criteria. Any amendments shall be set forth in writing and be
known to all members and to all prospective members of the Associ-
ation. Any amendment shall include any and all matters considered
appropriate by the ARB not inconsistent with the provisions of
the Declaration;
(b) To consider for approval all buildings,
fences, walls, pools or other structures which shall be commenced,
erected or maintained within the Lots, Improved Lots or Common
Areas and to consider for approval any exterior additions to or
changes or alterations therein. For any of the above and as a
precondition to consideration for approval, the ARB shall be
furnished written plans and specifications showing the nature,
type, shape, height, color, materials, and location of the same.
The ARB shall consider all matters submitted for approval as to
the harmony of the external design and location in relating to
surrounding structures and topography and shall, in writing,
approve or disapprove all matters submitted to it within thirty
(30) days of receipt of such submission;
(c) To approve any such building plans specifica-
tions, lot grading, landscaping plans; and the conclusion and opinion
of the ARB shall be binding, if in its opinion, for any reason,
including purely aesthetic reasons, the ARB should determine that
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said improvement, alterations, etc., is not consistent with the
planned development of the Declaration Property or lands contiguous
thereto;
(d) To require to be submitted to it for approval
any samples of building materials proposed or any other data or
information necessary to reach its decision;
(e) To require any builder to submit a set of
plans and specifications to the ARB prior to obtaining a buildin~
permit, which set of plans and specifications shall become the -r
property of the ARB. The work contemplated must be performed ~
substantially in accordance with the plans and specifications I~
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All approvals of plans and specifications must be
evidenced by the signature of the Association President or the
Vice President on the plans or specifications furnished. The
existence of the signature of the Association President or Vice
President on any plans or specifications shall be conclusive proof
of the approval by the ARB of such plans and/or specifications.
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Section 3. Enforcement. Should any Owner fail to
comply with the requirements hereof after thirty (30) days written
notice, the ARB, the Declarant, and/or the Board of Directors of
the Association shall have the right to enter upon the Lot or
Improved Lot, make such corrections or modifications as are
necessary, or remove anything in violation of the provisions hereof
and charge the cost thereof to the Owner. Should the ARB, the
Declarant, and/or the Board of Directors be required or elect to
enforce the provisions hereof by legal action, the reasonable
attorneys' fees and costs incurred, whether or not judicial pro-
ceedings are involved, including the attorneys' fees and costs
incurred on appeal of such judicial proceedings, shall be collectible
from the Owner. The ARB, the Declarant and the Board of Directors
of the Association, or its agents or employees, shall not be
liable to the Owner unless caused by negligent action of the ARB,
the Declarant, or the Board of Directors.
Section 4. Appeal Process. In the event of a disapproval
of plans and specifications the Builder or Owner may appeal in
writing to the Board of Directors no later than fifteen (15) days
after notice of disapproval. The Board of Directors shall have
thirty (30) days to rule on the appeal.
Section 5. Declarant Exemption. Not withstanding anything
set forth in Articles V or VI, Declarant shall not be controlled
by nor shall Declarant be required to submit plans to the ARB, nor
shall the ARB have authority to, in any manner, control or inter-
fere with Declarant's construction on unimproved lots.
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ARTICLE VII
Staged Developments
Section 1. All and/or a portion of the Additional
Property may be annexed by the Declarant without the consent of
members within ten years of the date of this instrument provided
that the FHA, the VA or the FNMA determine that the annexation
is in accord with the general plan of development heretofore
approved. The Declarant shall not be required to make such additions,
and until such time as such additions are made to the subdivision,
the Additional Property, shall not be affected by or become subject
to this Declaration.
Section 2. The additions authorized under this Article
shall be made by filing of record a Supplemental Declaration of
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Covenants, Conditions, and Restrictions which shall extend the i
scheme of the Declaration to such Additional Property.
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Section 3. If an annexation referred to in Section 1 ~:
above occurs prior to January 1, 1992, there shall be three
additional Class B votes for each Lot owned by the Declarant in r
any such additional land annexed and the terms of this Section 3"
shall apply to all subsequent annexations.
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ARTICLE VIII
Maintenance
Section 1. The Association, subject to the rights of
the Owners set forth herein, shall be responsible for the exclusive
management, maintenance, repair, replacement and control of the
Common Area, including the subdivision perimeter wall, and the
Association shall keep or cause the same to be kept in good, clean,
attractive order and repair.
Section 2. The Association shall maintain all roadways,
parking areas, sidewalks, utility easements, and the subdivision
perimeter wall as a common expense.
Section 3. Upon two-thirds (2/3) vote by the Board of
Directors, the Association may adopt a program for grounds main-
tenance of all or a portion of the Improved Lots in addition to
the Common Area. If the Association adopts such a program, it
shall be funded through the Association assessments, and the
Association shall have the unrestricted right of access to, through,
across and over the Improved Lots for the purpose of such main-
tenance or replacement or installation of and care for the desig-
nated areas of the Improved Lots to which the maintenance program
applies.
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Section 4. Except for this portion of an Improved Lot
which may be maintained in accordance with Section 3 of this
Article, each Owner shall maintain his Improved Lot, the improve-
ments and the landscaping and shrubbery thereon in good order
and repair and free and clear of debris and trash.
Section 5. The Association, in the exercise of its
discretion, may require established levels of maintenance and
upkeep of the Improved Lots and may reasonably regulate and control
and makes rules relating to the maintenance of the Improved Lots,
the landscaping and the improvements thereon. In the event an
Owner of any Improved Lot shall fail to maintain the premises
and the improvements situated thereon in a manner satisfactory to
the Board of Directors, the Association, after approval by
two-thirds (2/3) vote of the Board of Directors, shall have the
right, through its agents and employees, to enter upon said
Improved Lot and to repair, maintain, and restore the Improved
Lot and the exterior of the improvements erected thereon. The
cost of such maintenance shall be added to and become part of the
assessment to which such Improved Lot is subject.
Section 6. The Association shall have a right and
easement in and to the land comprising each Improved Lot in ord~r
to maintain same in accordance with this Article and said right~z
and easement shall be a covenant running with the land as to ~:
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ARTICLE IX
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Insurance
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Section 1. Insurance. Insurance, other than title
insurance, which shall be carried upon the Common Area by the
Association shall be covered by the following provisions.
Section 2. Authority to Purchase. All insurance policies
upon the Common Area shall be purchased by the Association for
the benefit of the Association.
Section 3. Coverage.
A. Casualty. All buildings and improvements upon
the land and all personal property included in the Common Areas
shall be insured in an amount equal to the maximum insurable
replacement value, excluding foundation and excavation costs, as
determined by the Board of Directors of the Association. Such
coverage shall afford protection against:
1) Loss or damage by fire and other hazards
covered by a standard extended coverage; and
2) Such other risks as from time to time shall
be customarily covered with respect to buildings similar in
construction, location and use as the buildings on the land,
including but not limited to vandalism and malicious mischief.
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B. Public Liability. In such amounts and such
coverage as may be required by the Board of Directors of the
Association.
C. Workmen's Compensation Policy. To meet the
requirements of law.
D. Other. Such other insurance as the Board of
Directors of the Association shall determine from time to time
to be desirable including, but not limited to, liability insurance
for directors, officers or employees of the Association.
Section 4.
a common expense.
Premiums. Premiums for insurance shall be
Premiums shall be paid by the Association.
Section 5. Insurance Proceeds. All insurance policies~7
purchased by the Association shall be for the benefit of the
Association and shall provide that all proceeds covering propertYf?
losses shall be paid to the Association. The duty of the Asso- ~:
ciation shall be to receive such proceeds as are paid and to holtl
the same in trust for the purposes elsewhere stated herein. "
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Section 6. Distribution of Proceeds. Proceeds of Ln
insurance policies received by the Association shall be distributed
in the following manner:
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(a) Reconstruction or Repair. If the damage for
which the proceeds are paid is to be repaired or reconstructed,
the proceeds shall be paid to defray the cost thereof as elsewhere
provided. Any proceeds remaining after defraying such costs
shall be the sole property of the Association.
(b) Failure to Reconstruct or Repair. If it is
determined in the manner elsewhere provided that the damage for
which the proceeds are paid shall not be reconstructed or repaired,
the remaining proceeds shall be distributed to the beneficial
owners.
ARTICLE X
Reconstruction or Repair After Casualty
Section 1. Determination to Reconstruct or Repair. If
any part of the Common Area shall be damaged by casualty the same
shall be reconstructed or repaired.
Section 2. Plans and Specifications. Any reconstruction
or repair must be substantially in accordance with the plans and
specifications of the original building and improvements; or if
not, then according to plans and specifications approved by the
Board of Directors of the Association.
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Section 3. Estimate of Costs. When the Association
shall have the responsibility of reconstruction or repair, prior
to the commencement of reconstruction and repair, the Association
shall obtain reliable and detailed estimates of cost to repair
or rebuild.
Section 4. Assessments for Reconstruction and Repair.
If the proceeds of insurance are not sufficient to defray the
estimated cost of reconstruction and repair by the Association,
or if at any time during reconstruction and repair, or upon
completion of reconstruction and repair, the funds for payment
of the cost of reconstruction and repair are insufficient, assess-
ment shall be made against the Owners on a uniform basis in
sufficient amounts to provide funds for the payment of such costs. __
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Section 5. Construction Funds. The funds for the paym~t00
of costs for reconstruction and repair after casualty, which shallc~
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consist of the proceeds of insurance and funds collected by the~
Association from assessments against Owners shall be disbursed n
in payment of such costs in the following manner: I:,
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(a) Association. In all cases the Association
shall hold the sums paid upon such assessments and the insurance
proceeds and shall disburse the same in payment of the costs of
reconstruction and repair.
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(1) Association - Minor Damage - If the amount
of the estimated cost of reconstruction and repair which is the
responsibility of the Association is less than $10,000, then the
construction fund shall be disbursed in payment of such costs
upon the order of the Association.
(2) Association - Major Damage - If the amount
of the estimated costs of reconstruction and repair which is
the responsibility of the Association is more than $10,000, then
the construction fund shall be disbursed in payment of such costs
in the manner required by the Board of Directors of the Association
and upon approval of an architect qualified to practice in Florida
and employed by the Association to supervise the work.
ARTICLE XI
Regulations
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Section 2. Building Location (Setbacks). A front set-
back line of twenty (20) feet is required for all lots. A rear
setback of fifteen (15) feet is required, except that a rear
setback of twenty-five (25) feet is required for the following
Lots: Lots 8-23, inclusive; Lots 65-73, inclusive; and Lots,
82-85, inclusive; and, further, within this 25-foot setback, no
pools, pool enclosures, or other structures shall be allowed
within ten (10) feet of said rear lot lines, or sides in the cases
of corner lots. There shall be a minimum of ten (10) feet between
each dwelling.
Section 3. Temporary Buildings. Except for construction,
sales and marketing structures, trailers or buildings owned or
allowed by Declarant, no tents, trailers, shacks, tanks, temporary
or accessory buildings or structures shall be erected or permitted
to remain on any Lot or Improved Lot without the written consent
of the Association.
Section 4. Nuisance and Trespassing. Nothing shall
be done on any Lot or Improved Lot which may be or may become an
annoyance or nuisance to the neighborhood. In the event of any
question as to what may be or may become a nuisance, such question
shall be submitted to the Association for a decision in writing, ~
which decision shall be final. The Board of Directors shall hav~:;
the authority to have any unauthorized person arrested or unautho~
rized vehicle removed from the Declaration Property. 8
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Section 5. Signs. Other than Declarant I s rights set r- c:::)
forth above, no sign of any kind shall be erected or displayed by ~
an Owner on any of the Lots, Improved Lots or Common Area or any
structure thereon unless the Association has approved in writing
the design, materials, lettering and location of said sign, except
one (1) normal real estate sign not exceeding 216 square inches
indicating property is "For Sale" or "For Rent."
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Section 6. Laundry. There shall be no exterior clothes-
lines or display of clothes, sheets, blankets, or other laundry
on any Lot except those clotheslines to be used as a part of, and
those displays of laundry displayed on, a clothesline of an umbrella
or roll-up type, which shall be collapsed or rolled up when laundry
is not being dried, and which shall only be placed in the rear
yard of an Improved Lot and which cannot be seen from any street.
Section 7. Weeds and Refuse. No weeds, underbrush or
other unsightly growths shall be permitted to grow or remain upon
any Improved Lot, and no refuse pile or unsightly objects shall
be allowed to be placed or suffered to remain anywhere thereon;
and in the event that the Owner shall fail or refuse to keep his
Improved Lot free of weeds, underbrush or refuse piles or other
unsightly growths or objects, then after giving the Owner fifteen
(15) days written notice, the Association may enter upon such
Improved Lot and remove the same at the expense of the Owner, and
such entry shall not be deemed trespass. All garbage or trash
containers must be placed in walled-in areas or bins so that they
shall not be visible from the adjoining properties.
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Section 8. Vehicles and Repair. No inoperative automo-
biles, trucks, trailers or other types of vehicles shall be
allowed to remain either on or adjacent to any Improved Lot for
a period in excess of forty-eight (48) hours. All boats, boat
trailers, detached campers and other type detached trailers are
prohibited, without the specific approval, in writing, by the ARB.
Small recreation vehicles (vans) are allowed if used as one of
a maximum of two vehicles in the family and parked within the
Owner's Improved Lot. Any other permanent licensable vehicle must
be specifically approved by the ARB. Temporary exceptions to
this rule may be granted in writing by the ARB or by the Directors
of the Association.
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Section 9. Household Pets and Livestock. No animals,
livestock or poultry of any kind shall be raised, bred or kept on~
any Lot or Improved Lot except that dogs, cats or other usual n
household pets may be kept, provided that they are not kept, bred~
or maintained for any conunercial purpose and provided that they I--
are leashed when off the Owner's premises.
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Section 10. Mailboxes. All mailboxes shall be of the
same design and construction. It shall be the duty of each Owner
to maintain said mailboxes in their original condition. Should
the mailboxes become damaged beyond repair, then it shall be the
duty and obligation of the Owner thereof to purchase another
mailbox from the Association and to pay for the installation thereof.
Section 11. Fences.: No fence or wall shall be con-
structed, erected or maintained on or around any portion of a Lot
that is rithin the minilll.1.:lffi fr()I'lt_buildUgs;~1;J::>ftG~..l!r::le_, nor, in
any event, any closer to the front line than a line paralleling
the front building wall of the residence dwelling where a dwelling
is set back. This prohibition shall not apply to any subdivision
perimeter wall or fence. Within the other portions of the Lot,
no fence or <W'all shall be erected which is greater than six (6)
feet in height. No material shall be used for any fence or wall
other than redwood, or other solid wood, brick or stone. No chain
link nor exposed concrete block (other than decorative or textured
block) shall be used. Any subdivision perimeter wall or fence
that may be built shall not be removed, altered or damaged in any manner.
Section 12. Mechanical Features. All exterior pumps,
motors, air conditioning compressors, storage tanks and other
mechanical features shall be screened from view if visible from
the street in front of the house either by a decorative structure
36 inches in height or mature landscaping materials capable of
obstructing view from said street.
Section 13. Swimming Pools, Recreational Structures
and Screened Rooms. Any swimming pool, recreational structure
or screened room to be constructed upon any Lot shall be subject
to review by the ARB.
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Section 14. Common Area. The Association shall at all
times maintain the Common Area in good condition and repair
(including but not limited to the pool, the cabana and the perimeter
landscaping, wall or fence).
ARTICLE XII
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Easement Areas
Section 1. Easement for Encroachments. In the event
any portion of any Lot or improvement thereon encroaches upon
another Lot or Improved Lot or Common Area as a result of the
construction, reconstruction, repair, shifting, settlement or
moving of any portion of any improvement on the Lot or Improved
Lot or Common Area, a valid easement for the encroachment and for
the maintenance of same shall exist so long as the encroachment
exists and so long as the Board of Directors of the Association
determines that the encroachment was inadvertent.
Section 2. General Easements. Easements are hereby
reserved by the Declarant for roadways, utility, landscape, drainage,
or perimeter wall purposes in Georgetowne, Unit I, as indicated
by the recorded Plat thereof. The Declarant reserves the right
to assign any and all easements shown on the recorded Plat, or
which are hereinafter created for installation of utilities, land-
scape or other uses deemed by Declarant to be necessary or appropriate
for the service of or ingress and egress to and from the Total
Property. The Declarant hereby reserves and grants for itself, its
successors and assigns easements, and the right to grant and create
easements, through and across the Declaration Property, the Additional
Property and the Total Property for purposes of ingress and egress
and to provide installation, maintenance, repair and replacement
of water, sewer and other utility service and stormwater drainage
for the Total Property.
Section 3. Reciprocal Easements. The reciprocal appur-
tenant easements between Lots are created on the Plat of the
Declaration Property. These easements, in all instances, may be
utilized by the dominant and subservient owners as indicated on
the Plat.
Section 4. Easement for Service. A perpetual easement
is granted to all police, fire protection, ambulance, mailmen and
deliverymen, and all similar persons to enter upon the streets,
drives and walkways on the Declaration Property in the performance
of their duties.
Section 5. Easement over Common Area. Upon conveyance
by Declarant of title to the first Lot, Declarant shall convey
the title to the Common Area to the Association, free and clear
of all liens, easements and encumbrances except those of record
and those reserved and granted herein; provided, however, for so
long as Declarant owns any Lot or Improved Lot, Declarant retains
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an easement for itself, its assigns, agents, invitees and licensees
to the extent necessary to complete construction of the Declaration
Property, the Additional Property or the Total Property, or any
portion thereof, to show and sell Lots or Improved Lots, including
the unrestricted right to erect signs, to use the Improved Lots
as models and sales offices, and to use the Common Area for ingress
and egress and for marketing and sales activities.
Section 6. Amendment. This Declaration may be amended
during the first twenty (20) year period by an instrument signed
by not less than ninety percent (90%) of both classes of members,
and thereafter by an instrument signed by not less than seventy-
five percent (75%) of the members. Any amendment must be recorded
in the Public Records of Seminole County, Florida.
Section 7. Annexation. 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. Notwithstanding the
foregoing, neither class of members shall have the right to approve
the annexation of the Additional Property as set forth in Article
VII above, which right shall be vested solely in Declarant. ~
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Section 8. FHA/VA Approval. So long as there is a ~
Class B membership, the following actions will require the prior~
approval of the Federal Housing Administration or the Veterans ~
Administration: annexation of additional properties, dedication ~
of common area, amendment of this Declarat ion. r-
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IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has caused this document to be executed by its duly
authorized off icer, this /,(,-!7 day of I; ; ,'I (1// 198 -';/ .
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MAGNOLIA SERVICE CORPORATIQ~:i{ O/j ':.
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By: iA::A/( / " _.~ ~;./ ,~~':: (S~~f"
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Wl.tness
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned authority, personally appeared
Donald R. Greer, President, of MAGNOLIA SERVICE CORPORATION, a
Florida corporation, to me known to be the person who signed the
-16-
foregoing instrument as such officer and for the uses and purposes
therein mentioned and that he affixed thereto the official seal
of said corporation.
in
of
WITNESS/my hand
the/'lCounty of (, ,A/) JV)
F ; 1/1 "'L'-f. 198'--'
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and official seal at('.' .~'/~.c-!_,>
State of Florida,~this / \~A,..,.day"""
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~otary Public
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EXHIBIT -A-
S~t;i;:{'OLE C '_!. ;" L.
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From the centerline of intersection of Winter Springs Boulevard
and Northern Way, as shown in Plat of Winter Springs Unit Four,
as recorded in Plat Book 18, Pages 6, 7 and 8, Public Records of
Seminole County, Florida; run N.86023'05-E. along the centerline
of Winter Springs Boulevard and along a prolongation of said
centerline 282.85 feet to the point of curvature of a curve
concave Northwesterly, having a radius of 1145.92 feet and a
central angle of 58054'39-; thence run Northeasterly along the
arc of said curve 1178.22 feet to the point of tangency; thence
run N.27028'26"E. 261.56 feet to the point of curvature of a
curve concave Southeasterly, having a radius of 1155.18 feet and
a central angle of 34046'29"; thence run Northeasterly along the
arc of said curve 701.12 feet; thence run N.27045'OS"W. 60.00
feet to the point of beginning; thence continue N.2704S'OS"W.
179.07 feet to the Southerly line of a Florida Power Corporation
easement recorded in Deed Book 193, Page 276, of the Public
Records of Seminole County, Florida; thence run N.8s010'12"W.
along said Southerly line 904.73 feet to a point on a curve
concave Northwesterly, and having a radius of 298.47 feet; thence
from a tangent bearing of N.51029'09"E. run Northerly along the
arc of said curve 222.62 feet through a central angle of
42044'09" to the point of tangency; thence run N.0804S'00"E.
361.47 feet to the point of curvature of a curve concave
Southeasterly, and having a radius of 542.61 feet; thence run
Northeasterly along the arc of said curve 769.68 feet through a
central angle of 81016'24" to the point of tangency; thence run
S.89058'36"E. 1265.00 feet to the point of curvature of a curve
concave Southwesterly, and having a radius of 25.00 feet; thence
run Southeasterly along the arc of said curve 39.27 feet through
a central angle of 90000'00- to the point of tangency; ;thence
run S.00001'24"W. 522.84 feet to the point of curvatuare of a
curve concave Westerly, and having a radius of 363.50 feet;
thence run Southerly along the arc of said curve 2S8.75 feet
through a central angle of 40047'06" to a point of reverse
curvature of a curve concave Easterly, and having a radius of
443.50 feet; thence run Southerly along the arc of said Curve
31S.70 feet through a central angle of 40047'06- to the point of
reverse curvature of a curve concave Northwesterly, and having a
radius of 25.00 feet; thence run southwesterly along the arc of
said curve 39.27 feet through a central angle of 90000'00" to the
point of tangency; thence run N.89058'36"W. 218.00 feet to the
point of curvature of a curve concave Southerly and having a
radius of 1215.18 feet; thence run Westerly along the arc of said
curve 589.07 feet through a central angle of 27046'29" to the
point of beginning, containing 43.91S1 acres more or less and
subject to restrictions of record.
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1485
S:":~~,;1JL.E co. FL.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
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.~ GEORGETOWNE, UNIT I
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~ a KNOW ALL MEN BY THESE PRESENTS: That this Declaration
2&f Covenants, Conditions and Restrictions, made and entered
:? na-nto this 1;</4. day ot Ij<r-'r1 (~) , 198 --1 , by MAGNOLIA
>~ERVICE CORPORATION, a Florida corporation, hereinafter
o~eferred to as the Declarant,
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WITNESSETH:
WHEREAS, Declarant is the owner of real property
located in the City of Winter Springs, County of Seminole,
State of Florida, which is more particularly described on
Exhibit "A" (the "Total Property"), which will subsequently
be platted into phases for development of single-family,
residential lots; and,
W~~~E:~S, Georgetowne, Unit I, is a portion of
the Total Pr6perty; and,
WHEREAS, Declarant desires to provide for the ~;
preservation of the values and amenities in said community --:
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and for the maintenance of the Common Area, and improvements ~
thereof, and to this end desires to subject the real property~
herein described to the covenants, restrictions, easements, ~
charges and liens hereinafter set forth, each and all of
which is and are for the benefit of said property and each
owner thereof; and,
WHEREAS, Declarant has deemed it desirable, for
the efficient preservation of the values and amenities in
said community, to create an agency to which could be delegated
and assigned the powers of maintaining and administering
and enforcing the Covenants, Conditions and Restrictions,
and collecting and disbursing the assessments and charges
hereinafter created; and,
WHEREAS, the Declarant has or will cause to be
incorporated under the laws of the State of Florida, Georgetowne
Homeowners Association, Inc. as a non-profit corporation
for the purpose of exercising the functions aforesaid;
NOW, THEREFORE, Declarant hereby declares that
all of the Declaration Property as defined below shall be
held, sold and conveyed subject to the following easements,
restrictions, covenants and conditions, which shall run
with the said property and be binding on all parties having
any right, title or interest in the described properties
or any part thereof, their heirs, successors and assigns,
and shall inure to the benefit of each owner thereof.
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"~I DAVID S fJERRIEN
I ,.ERK Of CIRCUlTCOU
SHmWLE COU'HY, FL.
442477
RECORDED & VERIFIED
~Ffl~~t~L hi_~UPfl~;
DOOK PAGE
'89 ,
0236
IDB7 SEP 29 AM /I: 12
snlll'W.LE Cu. fL.
FIRST AMENDMENT TO DECLARATION
OF
COVENANTS, CONDITIONS-AND RESTRICTIONS FOR
GEORGETOWNE, UNIT 1
THIS FIRST AMENDMENT is made this ~\y day of ~~rl
1987, by Magnolia Service Corporation, a Florida corpor tion
('t.lereinafter referred to as "Declarant") and NADER CONSTRUCTION
CO., INC., a Florida corporation (hereinafter ref~rred to as
"Nader Construction"). l}~f!..tow"'....
WITNESSETH:
WHEREAS, Declarant is the owner of real property located in
the City of Winter Springs, County of Seminole, state of Florida,
which is more particularly described on Exhibit "A" ("Total
Property"), which will subsequently be platted into phases for
development of single-family residential lots;
WHEREAS, Georgetowne, Unit 1, is a portion of the Total
Property as recorded in Plat Book 37, Pages 1-5, Public Records
of Seminole County, Florida (the "Plat");
WHEREAS, Declarant has conveyed certain lots to Nader
Construction so that the Total Property is owned by Declarant and
Nader Construction, and, therefore, Nader Construction wishes to
join in and consent to the following First Amendment to the
Declaration;
WHEREAS, Pursuant to the provisions of that certain
Declaration of Covenants, Conditions and Restrictions for
Georgetowne, Unit 1, recorded in Official Records Book Volume
1830, Page 1485, of the Public Records of Seminole County,
Florida ("Declaration"), Declarant and Nader Construction, as one
hundred percent (100%) owners of the Total Property, are
autborized to amend the Covenants, Conditions and Restrictions of
the Declaration; and
WHEREAS, Declarant and Nader Construction now wish to amend
the Declaratiqn as hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
Declarant and Nader Construction hereby agree to amend the
Declaration, in the following manner:
1. Article VII "Staged Development" Section 3 is hereby
amended to read as follows: If an annexation referred to in
Section 1 above (in the Declaration) occurs prior to January
1, 1995, there shall be three additional Class "B" votes for
each lot owned by the Declarant in any such additional land
annexed and the terms of this Section 3 shall apply to all
subsequent annexations.
2. Ar.ticle XI "Regulations" Sect io~ 2: Building location
(setbacks) is hereby amended to read as follows: A front
setback line o~ twent.Y{ 20J feet is regui red for-an~--tS.
.-~"-.re-a'r' - set15a'ck . II n-eo f- fTf t'e-e.n----(-i5)---(~ e t-' i s {e-~ ire, ""'cepl-1
ftrae----a'..-r-e,rr..-se.EDifcKOr-lwenTy:::ITve----(25) feet is requi e~
the following lots: Lots 8 through 23, inclusive; Lots 65
through 73, inclusive; and Lots 82 through 85 inclusive;
and, further, within this twenty-five (25) foot setback no
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On any corner lot, except for those specific corner
lots delineated herein, no screened pool enclosure shall be
allowed within seven and one-half (7-1/2) feet of the side
lot lines and no swimming pool shall be located within eight
and one-half feet from the side lot. line.
Additionally, there sha:l be a minimum of ten (10) feet
between each and every dwelling.
3. Article XI "Regulations" Section 11: Fences is hereby
amended to read as follows: No fence or wall shall be
constructed, erected or maintained on or around any portion
of a Lot that is within the minimum front building setback
line, nor, in any event, any closer to the front line than a
line paralleling the front building wall of the residence
dwelling where a dwelling is set back. This prohibition
shall not apply to any subdivision perimeter wall or
fence. Within the other portions of the Lot, no fence or
wall shall be erected which is greater than six (6) feet in
height. No material shall be used for any fence or wall
other than redwood, or other solid wood, brick or stone. No
chain link nor exposed concrete block (other than decorative
or textured block) shall be used.
In any instance where a fence or wall is constructed
along the common boundary line of any lot, whether it be a
rear lot line or a side lot line, there shall be a perpetual
easement for the construction and maintenance of a fence or
wall. The owner of each lot shall have possession of that
section of any fence or wall located on said owner's lot and
shall be responsible for the maintenance thereof. Any
subdivision perimeter wall or fence that may be built shall
not be removed, altered or damaged in any manner.
4. Amendment. The Declarant reserves and shall have the
sole right (a) to further amend the Declaration with respect
to Lots still owned by it at the time of the amendment, but
all such amendments shall conform to the general purposes
and standards of the covenants and restrictions herein
contained; (b) to further amend the Declaration for the
purpose of curing any ambiguity in or any inconsistency
between tbe provisions contained herein; (c) to include in
ani contract or deed or other instrument hereafter made any
additional covenants and restrictions applicable to any Lot
which do not lower the standards of the covenants and
restrictions herein contained, and (d) to release any Lot
from any part of the covenants and restrictions which have
been violated (including, without limited the foregoing,
violations of building restriction lines and provisions
hereof relating thereto) if the Declarant or the Association
in its judgment, determines such violation to be a minor or
insubstantial violation. This Declaration may be amended
during the first twenty (20) year period by an instrument
signed by not less than sixty-six and two-thirds percent
(66-2/3%) of both classes of members, and thereafter by an
2
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instrument signed by not less than sixty percent (60%) of ~
the members. Any amendment must be recorded in the Public~
Records of Seminole County, Florida. ~
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In the event that any of the terms of this First Amendment
are inconsistent with any of the terms contained in the
Declaration, the terms contained herein shall control.
Except as modified by this First Amendment, the Declaration
remains in full force and effect and is hereby ratified and
affirmed.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, and the undersigned, being Nader Construction, have
caused this document to be executed by its duly authorized
officers, this ~~~~ day of ~~~, 1987.
tlfne~ j~
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MAGNOLIA SERVICE, CORP9R~J;("Ia~..; ",
Flor ida corpora tlon . ~~l 9'1.~, trt ..;- -', .
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'C
eKIE C. WRIGHT
ice President
"DECLARANT"
I:
"NADER CONSTRUCTION"
NADER CONSTRUCTION CO., INC., a
Florida corporation
v. f~
By,L
GEORGE M. N
President
G\\M ::::hQOINlII\ fx;\k~
1 ness
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned authority, personally appeared
JACKIE C. WRIGHT as Vice President of MAGNOLIA SERVICE
CORPORATION, a Florida corporation, to me known to be the person
who signed the foregoing instrument as such officer and for the
uses and purposes therein mentioned and that she affixed thereto
the official seal of said corporation.
WITNESS my hand and official seal at ~'\\V ,.-\ the
County of C)c~~e- ,State of Florida, this ~
of S~\e\'l\\cP{' 1987.
B/LFS:SDEC-GTWNx
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STATE OF FLORIDA
COUNTY OF ORANGE
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BEFORE ME, the undersigned authority, personally appeared
GEORGE M. NADER as President of NADER CONSTRUCTION CO., INC., a
Florida corporation, to me known to be the person who signed the
foregoing instrument as such officer and for the uses and
purposes therein mentioned on behalf of said corporation.
WITNESS my hand and official seal at~, in the
County of ~~e. , State of Florida, this ';).'?J*,/ day
of Se~-\e_ _ 1987.
B/LFS:SDEC-GTWNx
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NOTARY P BLIC : J\ ,
My Commission Expi res:. N ~ 4F. 1 r E
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NOTARV PUBUC, STATE OF FLORiDr-~'~ARGe ....... l
MY (,O:"MIS~!m~ [XPIf.ES .JUlY 22, 1!~~ '. . . .,"
i10NO~O "r;;fiO:.Jr.H J..~:.. rc.N I,Gt!-N~'t' ~NC '. "."
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EXHtBIT -A-
From the centerline of intersection of Winter Springs Boulevard
and Northern Way, as shown in Plat of Winter Springs Unit Four,
as recorded in Plat Book 18, Pages 6, 7 and 8, Public Records of
Seminole County, Florida; run N.86023'05-E. along the centerline
of Winter Springs Boulevard and along a prOlongation of said
centerline 282.85 feet to the point of curvature of a curve
concave Northwesterly, having a radius of 1145.92 feet and a
central angle of 58054'39"; thence run Northeasterly along the
arc of said curve 1178.22 feet to the point of tangency; thence
run N.27028'26.E. 261.56 feet to the point of curvature of a
curve concave Southeasterly, having a radius of 1155.18 feet and
ft central angle of 34046'29"; thence run Northeasterly along the
arc of said curve 701.12 feet; thence run N.2704S'05"W. 60.00
feet to the point of beginning; thence continue N.2704S'OS"W.
179.07 feet to the Southerly line of a Florida Power Corporation
easement recorded in Deed Book 193, Page 276, of the Public
Records of Seminole County, Florida; ~hence run N.85010'12"W.
along said Southerly line 904.73 feet to a point on a curve
concave Northwesterly, and haVing a radius of 298.47 feet; thence
from a tangent bearing of N.51029'09"E. run Northerly along the
arc of said curve 222.62 feet through a central angle of
42044'09" to the point of tangency; thence run N.08045'OO"E.
361.47 feet to the point of curvature of a curve concave
Southeasterly, and having a radius of 542.61 feet; thence run
Northeasterly along the arc of said curve 769.68 feet through a
central angle of 81016'24" to the point of tangency; thence run
S.890S8'36"E. 1265.00 feet to the point of curvature of a curve
concave Southwesterly, and having a radius of 25.00 feet; thence
run Southeasterly along the arc of said curve 39.27 ~eet through
a central ~ngle of 90000'00- to the point of tangency; ;thence
run S.00001'24.W. 522.84 feet to the point of curvatuare of a
curve concave Westerly, and having a radius of 363.50 feet;
thence run Southerly along the arc of said curve 258.75 feet
through a central angl.e of 40047'06" to a point of reverse
curvature of a curve concave Easterly, and having a radius of
443.50 feet; thence run Southerly along the arc of said curve
315.70 feet through a central angle of 40047'06- to the point of
reverse curvature of a curve concave Northwesterly, and having a
radius of 25.00 feet; thence run southwesterly along the arc of
said curve 39.27 feet through a central angle of 90000'00" to the
point of tangency; thence run N.8905S'36-W. 21S.00 feet to the
point of curvature of a curve concave Southerly and haVing a
radius of 1215.18 feet; thence run Westerly along the arc of said
curve 589.07 feet through a central angle of 27046'29" to the
point of beginning, containing 43.9151 acres more or less and
subject to restrictions of record.
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