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CtTV OF WINTEAtRING 1';~:~;r:::1J~:'~'~~'I::~~!o~' ~~q-~
, SrO\./l.~R, \'i1~L:A...l:. &. I.HUH, P..
RECEPJED P0St O;j;,~e Boy, 1215
Orl~nc!o. FL. 32802
MAR 0 9 1984 Phone: (305) 425.2684
1533
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SEMIHOlE co. FL.
DECLARATION OF
COVENANTS, CONDITIONS
EASt:.m1'hT~,,'r..
AND ttt~IONS
TIllS DECLARATION, made this
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.J. day of I I A (?C J-)
, 198f
by XEWLANDO, INC., a Florida corporation, hereinafter called
"Developer."
WIT N E SSE T H:
mIEREAS, Developer is the sole owner of that certain parcel
of real property situate in Seminole County, Florida, described
in Exhibit "A" attached hereto and incorporated by reference
"
herein; and
WHEREAS, Developer desires to im~pse a common plan of
development on said real property for the purpose of protecting
the value and desirability thereof, and for the purpose of
enhancing the marketability thereof;
NOW, THEREFORE, Developer hereby declares that all of the
real property. ciescribed in Exhibit "A" attached hereto and in-
corporated by reference herein shall be held, sold and conveyed
subject to the following easements, conditions, covenants and
restrictions, which are for the purpose of protecting the value
and desirability of, and which shall run with, said real property
and be binding upon all parties having any right, title or
interest therein, or any part thereof, their respective heirs,
successors, and assigns; and which shall inure to the benefit
of the Association and each Owner thereof, as said
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ARTICLE I
DEFINITIONS AND CONSTRUCTION
Section 1.
"Association" means HIGHLAND VILLAGE ONE
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: ASSOCIATION, INC., a corporation not for profit organized pursuant
'~to Chapter 617, Florida Statutes (1979), its successors and assigns.
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Section 2. "Owner means the record Owner, whether one or
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more persons or entities, of the fee simple title to any lot or
unit which is part of the Properties, including contract sellers,
RETURN TO:
FOWLER, WILLlAli.S & A:RTH, P.A.
28 W. CENTRAL BLVD.
P.O. BOX 1215
ORLANDO, fL 32802
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Oth excluding any other party holding such fee sim~~~hOt~t~JL.
merely as security for the performance of an obligation and the
Developer.
Section 3.
"Properties" means that certain parcel of real
property described in Exhibit "A" attached hereto and incorporated
by reference herein, together with such additions and deletions
thereto as may hereafter be annexed or deannexed by amendment to
this Declaration.
Such annexation or deannexation shall be
permitted without approval of Owners.
Section 4.
"Lot" means any plot of land shown upon any
recorded subdivision map or plat of the Properties, together
with all improvements thereon, with the exception of the Common
Area.
Section 5.
"Unit" shall mean and refer to any building or
portion of a building situated upon the properties designed and
intended for use and occupancy as a residence by a single family,
including but not limited to condominium unit, patio homes,
. :...:1-
cluster homes, multi-family attached or detached homes and
rental units.
Section 6.
"Developer" means NEWLANDO, INC., a Florida
corporation and its successors and assigns.
Section 7.
"Easement Area" shall include but not be limited
to the retention ponds, landscape buffers, drainage easement,
utility easement, common parking facilities, common landscaped
area, and all appurtenances thereto (pumps, electric, drainage
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facilities) and other facilities used by the Owners for the
benefit of the Properties.
Section 8.
"Mortgage" means any mortgage, deed of trust
or other instrument transferring any interest in a fot, or any
portion thereof, as security for performance of an obligation.
Section 9.
"Mortgagee" means any person named as the
Obligee under any Mortgage, as hereinabove defined, or any
successor in interest to such person under such Mortgage.
Section 10.
"Highland Homeowner's Association" means
the association which controls the common areas of the planned
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un i. t development ]mown as the "Highlands" anSdM~~I~:,cch['s recorded
covenants and restrictions at Official Records Book 969,
Page 734, as amended in the Public Records of Seminole County,
Florida.
Said Covenants shall be superior to these Covenants
and any conflict shall be resolved in favor of the Covenants
previously recorded.
Section 11.
"FHA" means the Federal Housing Administration.
Section 12.
"VA" means the Veterans :Administration.
Section 13.
"The Work" means the initial development of
the Properties as a residential community by the construction and
installation thereon of streets, buildings and other improvements
by Developer.
Section 14.
"Recorded" means filed for record in the Public
Records of Seminole County, Florida.
Section 15.
"Interpretation." Unless the context otherwise
requires, the use herein of the singular shall include the plural
and vice versa; the use of one gender shall include all genders;
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and the use of the term "including" shall mean "including,
without limitation." This Declaration shall be liberally construed
in favor of the Developer. The headings used herein are for
indexing purposes only and shall not be used as a means of
interpreting or construing the substantive provisions hereof.
ARTICLE II
PROPERTY RIGHTS
Section 1. Easements of Encroachment. There shall be
reciprocal appurtenant easements of encroachment as:Letween each
Lot and such portion or portions of the Easement Area adjacent
thereto, or as between adjacent Lots, or both, for the unwillful
placement, settling, of shifting of the improvements constructed,
reconstructed, or altered thereon (in accordance with the terms
hereof), to a distance of not more than five (5) feet, as measured
from any point on the common boundary between each Lot and the
adjacent portion of the Easement Area or as between said adjacent
Lots, as the case may be, along a line perpendicular to such
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boundary at such point; provided, however, that in no event
shall an easerrent for encroachrrent exist if such encroachment
is caused by willful reisconduct on the part of an Owner,
Tenant or the Association.
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Section 2. Use of Easement Area. There shall be no
obstruction of the Easement Area (except for landscapin8> nor
shall anything be kept or stored on any part of the Easement
Area without the prior written consent of the Association except
as specifically provided herein. Nothing shall be altered on,
constructed in or removed from the Easement Area except upon the
prior written consent of the Association. However, automobiles
shall be permitted to be placed in the areas designated for park-
ing and the landscape buffer areas shall be maintained by each
lot owner.
Section 3. Prohibition of Damage and Certain Activities.
Nothing shall be done or kept in any Lot or in the Easement Area
or any part thereof to increase the rate of insurance on the
Properties or any part thereof over what the Association or
~vners, but for such activity, would pay, without the prior
written consent of the Association. Nothing shall be done or
kept in any Lot or in the Easement Area, or any part thereof,
which would be a violation of any Statute, rule, ordinance, refu-
lation, permit or other validly imposed rec.uirement of any ~overn-
mental body or of the Declaration of Covenants and'~estrictions
of the "Highlands". No damage to or waste of, the Easement Area
or any part thereof or of the exterior of the Properties and
buildings shall be committed by any Owner or any Tenant or in-
vitee of any Owner; and each Owner shall indemnify and hold the
Association and other Owners harmless against all loss resultinr
from any such damage or waste caused by him or his Tenants or
invitees, to the Association or other Owners. No noxious, de-
structive or offensive activity shall be permitted on any Lot
or in the Easement Ar~a or any part thereof, nor shall anything
be done therein which ~ay be or may becorre an annoyance or nuis-
ance to any other Owner or to any ot~~r person at any tiree law-
fully residing on the Properties.
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Section 4. Provisions Inoperative as to Initial Construction.
:;othing contained in this Declaration shall be interpreted or
construed to prevent Developer, its transferees, or its or their
contractors, or sub-contractors, from doing or perfor~ing on i
all or any part of the Properties owned or controlled by Developer
"ithin the Highlands, or its transfe~ees, whatever they determine
to be reasonably necessary or advisable in connection with the
co~pletion of the Work, including, without limitation:
(a) erecting, constructinr, and maintaining thereon
such structures as way be reasonably necessary for the
conduct of Developer's business of completing the Work
and establishing the Properties as a residential comrnu-
nity and disposing of the same in parcels by sale, lease,
or otherwise; or
(b) conducting thereon its or their business of com-
pleting the Work and establishing the Properties or con-
tiguotis"'property as a residential community and disposing
of the Properties in parcels by sale, lease, or other-
wise; or
(c) maintaining such sign or signs thereon as may be
reasonably necessary in connection with the sale, lease
or other transfer of the Lots either on the Properties
or other property of Developer, including the use of units
or carports (if permitted) as models and sales offices
either by Developer or specified transferees of Developer.
Fe:erence herein to Developer shall mean its successors and as-
signs not to include purchasers of residential units. Notwith-
standing anything contained herein to the contrary, Developer
shall be subject to terms and conditions of the Declaration of
Covenants, Conditions and Restrictions of the "Highlands".
Section 5. Rules and Regulations. No Owner shall violate
the rules and regulations for the use of the Lots and the Ease-
~ent Area, as the same are from time to time adopted by the
!-.5 sociation.
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Section 6. Ownership Rights Limited to Those Enumerated.
In the event any Lot is shown or described as bounded by any
stream, pond, or any other body of water situated in whole or
in part upon the Easement Area, all riparian rights therein
shall be appurtenant to the Easement Area and no attempted
grant thereof to an Owner shall be effective as to the Associa-
tion or the other Owners.
AFTICLF. III
ME1-ffiERSHIP AND VOTING RIGHTS
Section 1. Y-embership. Every Owner shall be entitled and
required to be a member of the Association and to be a member of
the Highland Homeowners Association, which is found and controlled
by the Declaration of Covenants, Conditions and Restrictions
referred to in Article I, Section 2. If title to a Lot is held
by more than one person, each of such persons shall be members.
An Owner of more than one Lot shall be entitled to one member-
.... .:....~
ship for each Lot owned by him. Each such membership shall be
appurtenant to the Lot upon which it is based and shall be trans-
ferred automatically by conveyance of that Lot. Np person or
entity other than Owner or Developer may be a wember of the
Association, and a membership in the Association may not be
transferred except in connection with the transfer of title to
a Lot; provided, however, the foregoing shall not be construed
to prohibit the assignment of membership and voting rights by an
Owner who is a contract seller to his vendee in possession.
Section' 2. VotinR. The Association shall have two (2)
classes of voting rrembership:
(a) Class A. Class A members shall be all Owners with
the exception of the Developer and shall be entitled to
one (1) vote for each Lot owneff' When more than one per-
son holds an interest in any Lot, all such persons shall
be wembers. The vote for such Lot shall be exercised
as they among themselves determine; but in no event shall
more than one (1) vote be cast with respect to any Lot.
There shall be no split vote. Prior to the time of any
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SEMiNOLE CO. FL.
meeting at which a vote is to be taken, each co-
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o\vner with the Secretary of the Association in order
to be entitled to vote at such meeting, unless such
co-owners have filed a general voting authority with the
Secretary applicable to all votes until rescinded.
(b) Class B. The Class B member(s) shall be the Developer
and shall be entitled to five (5) votes for each Lot owned
or (12) votes for each acre of undivided land. The Class
B membership shall cease and be converted to Class A mem-
bership on the happening of either of the following events,
whichever occurs earlier:
(i) when the total votes outstanding in the Class A
rr.embership equal the total votes outstanding in the
Class B membership; or
(ii) on June 1, 1990; or
(iii) if the Developer, at its option, desires to turn
. .. .~... "-
over control of the Association.
ARTICLE IV
RICHTS AND OBLIGATIONS OF THE ASSOCIATION
Section 1. Easement Area. The Association shall be respon-
sibile for the maintenance and repair of the retention areas,
drainage easements, co~mon parking area and common landscaped
areas located within the Properties, such maintenance shall as-
sure the free flow of water throughout the drainage easements and
shall include but not be limited to the rr.aintenance of the pipes
which are part of the drainage system within the Properties. The
City of Winter Springs shall have the right, but not the obliga-
tion, if required by emergency conditions, to assure the func-
tional operation of the drainage system on the Properties and such
costs of such emergency procedures shall be charged to the
Association.
Should a Lot Owner fail to properly maintain the area desip-
nated as landscape buffer on the plat of record, the Association
shall also be responsible for the maintaining of such areas con-
tained within the Properties.
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Section 2. Services. The AssociatiSJ~:N~~\rC06b~'ain and pay
for the services of any person or entity to manage its affairs
or any part thereof, to the extent it deems advisable, as well
as such other personnel as the Association shall determine to
be necessary or desirable for the proper operation of the
Properties, whether such personnel are furnished or employed
directly by the Association or by any person or entity with whom
or which it contracts. The Association may obtain and pay for
legal and accounting services necessary or desirable in connec-
tion with the operation of the Properties or the enforceITent
of this Declaration. The Association may arran~e with others
I
to furnish water, trash collection, sewer service and other com-
mon services to each Lot, if necessary.
Section 3. Personal Property for Common Use. The Associa-
tion from time to tiwe ~ay adoPt, alter, amend and rescind rea-
.. I
sonable rules and regulations governing the use of the Lots and
of the Commo~ Area, which rules and regulations shall be con-
sistent with the rights and duties established by this Declara-
tion and the Declaration of Covenants, Conditions and Restrictions
of the "Highlands". m ~
Section 5.
%1~'1'~1fP7
Restriction on Capital Improvements.
Except
for replacement or repair of those items installed by Developer
as part of the Work, and except for personal property related
to the maintenance as set forth herein, the Association may not ,I
authorize capital improve~ents without Developer's consent during
a period of seven (7) years from thn date of this Declaration.
At all times hereafter, all capital improvements except for re-
placement or repair of those items installed by Developer as
part of the Work and except for personal property related to
the maintenance of the Easement Area, shall require the approval
of two-thirds (2/3) of the persons eligible to vote.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 1. Creation of a Lien and Personal Obligation of
Assess~ents. The Developer, for each Lot owned within the Proper-
ties, and generating incowe to the Developer, hereby covenants
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and each Owner of any 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 assess-
ments for capital improve~ents, such assessments to be es-
tablished and collected as herein provided; and (3) special
a-sessments against any particular Lot which are established
pursuant to the terms of this Declaration; and; (4) all excise
taxes, if any, which may be imposed on all or any portion of the
foregoing by law. All such assessments, together with interest
and all costs and expenses of collection, including reasonable
attorney's fees, shall be a charge on the land and shall be con-
tinuin~ lien upon the property against which each assessment is
made. Each such asdessment, together with interest and all
costs and expenses of collection, including reasonable attorney's
fees, shall also be the personal obligation of the person who was
the Owner oT"'such property at the time when the assessment fell
due. The personal obligation for delinquent assessments shall
not pass to an Owner's successors in title unless expressly as-
sumed by them, however, the land shall still be subject to fore-
closure for failure of a previous Owner to pay any obligation due
under this Declaration.
Section 2. Purpose of Assessments. The assessments levied
by the Association shall be used exclusively to promote the re-
cr~ation, health, safety and welfare of the residents in the
Properties; for the improvement and maintenance of the Easement.
I
Area for payment of all taxes assessed to the Association, if any,
in respect to the Easement Area, or the improvements of personal
property thereon, or both; and for the Association's general
activities and operations in promoting the recreation, health,
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safety and welfare of the residents in the Propercies.
Section 3. ~aximu~ Annual Assessment. Until January 1
of the year immediately following the conveyance of the first
Lot by Developer to an Owner, the annual assessment shall not
be in excess of One Hundred Twenty and No/IOO Dollars ($120.00)
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SEMINOLE CO. FL.
~Jt including the Highlands Association fees.
(a) Prom and after January 1 of the year iwmediately
following the conveyance of the first Lot by Developer
to an ~vner, the annual asssess~ent may be increased
each year not more than four percent (4%) above the
assess~ent for the previous year without vote of the
I
rrembership.
(n) From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner,
the annual assessment may be increased above four per-
cent (4%) by a vote of two-thirds (2/3) of each Class
of merrbers who are voting in person or by proxy, at a
meeting duly called for this purpose.
(c) The Board of Directors of the Association may
fix the annual assessment.at an amount not in excess of
the aITounts set forth herein.
Section 4. Special Assessments for Capital Improvements.
,< :..."
In addition to the annual assessments authorized above, the
Association rray levy, in any assess~ent year, a special assess-
rrent applicable to that year only for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction,
II
repair or replacement of a capital improvement upon the Easement
Area, including fixtures and personal property related thereto,
or the Properties. provided that any such assessment shall have
the assent of two-thirds (2/3) of the votes of each Class of
vo't ing members who are vot ing in person or by proxy at a meet-
ing duly called for this purpose and, during the first seven (7)
years frorr the date hereof, the same shall be approved by Devel-
oper. Notwithstanding anything contained herein to the contrary
the Association may levy an assessment for the repair or main-
tenance of the drainage system.
Section 5. Notice of ~eetings. Written notice of any
meeting called for the purpose of taking any action authorized
under Section 3 or 4 hereof shall be sent to all members not
less than fifteen (15) days nor more than thirty-five (35)
days in advance of the meeting. At the first such meeting
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called, the presence of members or of proxies entitled to
cast sixty percent (60%) of all the votes shall constitute
a quorum. If the required quorum is not present, another
~eeting may be called subject to the same notice require-
rr.ent, ano the required quorum at the subsequent meeting
shall be one-half (1/2) of the required quorum at the pre-
ceding meeting. No such subsequent meeting shall be held
ITore than thirty-five (35) days following the preceding
meeting.
Section 6. Uniform Rate of Assessment. Both special
assessments for capital irr.provements, and annual assessments,
shall be fixed at a uniform rate for all lots and may be
collected on a monthly basis; provided, however, the fore-
going requirement of uniformity shall not prevent special
assessments against any particular lot which are established
pursuant to;_Jpe terms of this Declaration. Notwithstanding
anything contained herein to the contrary should part of
the Properties be developed into garden type residential
units the assessment for the units may be readjusted in the
sole discretion of the Developer.
Section 7. Developer's Assessment. Notwith~tanding the
foregoing requirement of uniformity, or any other provision
of this Declaration, or the Association's Articles of Incorp-
oration or By-Laws, to the contrary, the annual assessment
,
against any Lot in which Developer owns any interr~t shall, as
long as Developer owns the Lot and is not desiring any income
from the same shall be zero. Upon transfer of title of a
Developer-owned Lot, such Lot shall be assessed in the amount
established against Lots owned by the Class "A" members of
the Association, prorated as of, and commencing with, the
month following the date of transfer of title. Notwithstand-
ing. the foregoing, those Lots from which Developer derives
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SEMINOLE CO. FL.
any rental income, or holds an interest as mortga~ee or
contract seller, shall be assessed at the same a~ount
as in hereinabove established for Lots owned by Class "A"
members of the Association, prorated as of, and comwencing
I I
with, the month following the execution of the re1 ~al
agreement or mortf.age, or the contract purchaser's entry
into possession, as the case may be.
Section 8. Date of Commencerrent of Annual Assessments
to the Association. The annual assessments provided for
herein shall commence as to all Lots within that portion
of the Properties described in Exhibit "A" attached hereto
no later than the first day of the second month following
notice by the Developer that such assessments shall begin.
Developer shall file an Affidavit stating the commencement
of the annual assessments. Developer shall give Owner thirty
(30) days notice. The annual assessAents within any addition
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to the Properties created by annexation, as hereinafter pro-
vided, shall commence as to all Lots included within each
such annexation on the first day of the month following
annexation. Both annual and special assessments may be
collected on a monthly basis, in the discretion of the Board
of Directors of the Association, which shall fix the amount
of annual assessment against each Lot at least thirty (30)
days in advance of each annual assessment period. The Asso-
ciation shall, upon demand, and for a reasonable charge, fur-
nish to any interested party a certificate signed by an offi-
cer of the Association setting forth whether the assessments
against a specific Lot have been paid and,if not, the amount
of the delinquency thereof. The Board of Directors of the
Association shall establish the due date of all assessments
contemplated by this Declaration. Notwithstanding anything
contained herein to the contrary, Developer shall not be
requested to pay any assessments whatsoever so long as the
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annual assessments to Owners is not increased and Developer
controls one-half or more of the votes of the Association.
Annaul assessments payable to the Highlands shall be-
gin pursuant to the terms and conditions of the Highlands
Covenants and Restrictions as referred to at Article I.
Section 10 herein.
Section 9. Lien for Assessments. All sums assessed to
any Lot pursuant to this Article. togehter with interest and
all costs and expenses of collection, inc illding reasonable
attorney's fees. shall be secured by a lien on such Lot in
favor of the Association. Such lien shall be superior to
all other liens and encumbrances on such Lot, except only
for:
(a) Liens of general and special taxes; and
I
(b) .A.lien for all sums unpaid on a first mortgage.
or on any lfurtgage to Developer. duly recorded, in-
cluding all unpaid obligatory advances to be made
pursuant to such Hortgage and all amounts advanced
pursuan t to such l~ortgage and secured by the ~ien
thereof in accordance with the terms of such in-
strument; and
(c) Construction liens filed prior to the making
of any such assessment.
Except for said liens of general and special taxes, liens
for all sums secured by a first ~ortgage and Mortgages
to Developer and construction liens as more particularly
defined in sub-paragraphs (a) through (c) hereof. all
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other lienors acquiring liens on any Lot after the record-
ation of this Declaration in the Public Records of Seminole
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County, Florida, shall be deemed to consent that such
liens shall be inferior to leins for assessments, as
provided herein, whether or not such consent is specifi-
cally set forth in the instruments creating such liens.
The recordation of this Declaration in the Public Records
of Seminole County, Florida, shall constitute construct-
ive notice to all subsequent purchasers and creditors,
or either, of the existence of the lien hereby created
in favor of the Association and the priority thereof.
Ii
Section 10. Effect of Nonpayment 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 rate of twelve percent
(12%) per annum. The Association may bring an action at
law against the Owner personally obligated to pay the
.-.,~':'
same, or foreclose the lien against the property or both.
No Owner may waive or otherwise escape liability for the
assessments provided for herein. A suit to recover a
money judgment for unpaid assessments hereunder shall be
~aintainable without foreclosing or waiving the lien
securing the same.
Section 11. Foreclosure. The lien for sums assessed
pursuant to this Declaration may be enforced by judicial
foreclosure by the Association in the same manner in which
mortgages on real property may be foreclosed in Florida.
In any such foreclosure, the Owner shall be required to pay
all costs and expenses of foreclosure, including reasonable
attorney's fees. All such costs and expenses shall be secured
by the lien being foreclosed. The Owner shall also be re-
quired to pay to the Association any assessments against
the Lot which shall become due during the period of
foreclosure, and the same shall be secured by the lien
14
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BOOK PAGE
/533
/ 4/4
SEH1IWLE co. FL.
foreclosed and accounted for as of the date the Owner's title is
divested by foreclosure. The Association shall have the right
and power to bid at the foreclosure or other legal sale to acquire
the Lot foreclosed, and thereafter to hold, convey, lease, rent,
encumber, use and otherwise deal with the same as the Owner
thereof for the purposes of resale only.
In the event the fore-
closure sale results in a deficiency, the Court ordering the
same may, in its discretion, enter a personal judgment against
the Owner thereof for such deficiency, in the same manner as is
provided for foreclosure of Mortgages in the State of Florida.
Section 12. Homestead. By acceptance of a Deed thereto,
I,
the Owner of each Lot shall be deemed to acknowledge conclusively
that the obligations evidenced by the assessments provided for
in this Declaration are for the improving and maintenance of any
homestead maintained by such Owner on such Owner's Lot.
I
Section 13. Subordination of the Lien to Mortgages. The
lien of the as~essments provided for herein shall be subordinate
to the lien of any first mortgage and mortgages to Developer.
Sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to foreclosure
of any such first mortgage, or Developer Mortgage or any proceeding
in lieu thereof, shall extinguish the lien of such assessments as
to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for t
assessments thereafter becoming due or from the lien thereof. The
Association shall, upon written requeflt, report to any encumbrancer
of a Lot any unpaid assessments remaining unpaid for a period
longer than thirty (30) days after the same shall have become due
and shall give such encumbrancer a period of thirty (30) days in
which to cure such delinquency before instituting foreclosure
proceedings against the Lot; provided, however, that such encum-
brancer first shall have furnished to the Association written notice
of the existence of the encumbrance, which notice shall designate
the Lot encumbered by a proper legal description and shall state
15
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. BOu . PAGE
I 533
I 4 I 5
SEMINOLE co. FL.
the address. to which notices pursuant to this section shall be
given to the encumbrancer. Any encumbrancer holding a lien on a
Lot may pay, but shall not be required to pay, any amounts secured
II,
by the lien created by this Section; and, upon such payment, such
encumbrancer shall be subrogated to all rights of the Association
Ij
~ith respect to such lien, including priority.
ARTICLE VII
C=TY \VALLS ')
Section 1. General Rules of Law to Apply. Each wall or
appurtenant as a unit which is built as part of the original con-
struction of the buildings upon the Properties and placed on the
dividing line between the Lots, shall constitute a party wall
or structure subject to this clause, and, to the extent not
inconsistent with the provisions of this Article, the general
rules of law regarding party walls or unit structures and liability
for property damage due to negligence or willful acts or omissions
shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall or structure
shall be shared by the Owners who make use of the wall or structure
in proportion to such use.
Section 3. (~truction by Fire or Other casualty) If a party
wall or structure is destroyed or damaged by fire or other
casualty and it is not covered by insurance, any Owner who has
used the wall ~ay restore it, and shall contribute to the cost
of restoration thereof in proportion to their use without prejudice,'
however, to the right of any such Owners to call for a larger
contribution from the others under any rule or law regarding
liability for negligent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other
provisions of this Article, an Owner who by his negligent or
willful act causes the party wall or structure to be exposed to
the elements shall bear the whole cost of furnishing the necessary
protection against such elements.
16
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PAGE
1533
I 4 I 6
SEMiNOLE CO. FL.
Section 5. Right to Contribution Runs with Land. The right
of any Owner to contribution from any other Owner under this
Article shall be appurtenant to the land and shall pass to such
Owner's in title.
Section 6. Fencing. Fencing between units shall be treated
as a party wall.
Ii
ARTICLE VIII
INSURANCE
Section 1. Obligation of Owners. Each Owner ; ~.all carry
fire and extended coverage insurance on his Lot in the amount of
the full insurable value (replacement value) of such Lot, and
such policy or policies of insurance shall name the Association
as a co-insured to the extent its interest may appear. Within
thirty (30) days after acquiring title to a Lot, each Owner shall
submit to the Association a certificate evidencing such insurance
coverage and "providing that the same cannot be cancelled without
at least ten (10) days written notice to the Association. The
foregoing provision shall be inoperative if, and only if, the
I~,
Association itself maintains such insurance on such Lot as part
of a blanket or master policy insurinB all or any portion of the
Properties. Such master or blanket coverage may be maintained by
the Association on any portion of the Properties, with the written
consent of the Owners of all Lots in such portion; and, in such
event, the costs of such coverage shall be specially assessed
prorata against each Lot enjoying the benefit thereof. Such
blanket or master coverage may be maintained by the Association
on all of the Properties if approved by thre€-fourths (3/4)
of each class of members who are voting in person or by proxy at
a meeting duly called for such purpose pursuant to notice given
not less than thirty (30) days, nor more than sixty (60) days,
in advance of such meeting.
In such event, the cost of such
blanket or master coverage may either be paid from general
Association funds or may be specially assessed prorata against
each Lot within ~he Properties, in the discretion of the
17
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80 j -P,\GE
1533
141 7
jj SE/~INOLE co. Fl.
Association's Board of Directors. Notwithstanding the foregoing,
no government agency as an Owner shall be required to carry
insurance on any Lot.
Section 2. Association's Obligations. The Board of
Directors may provide workmen's compensation insurance and
fidelity bonds on its officers and employees in such amounts as
is determined by the Board of Directors to be necessary or
desirable from time to time.
Section 3. Destruction and Reconstruction. In the event
of a partial or total destruction of a building or buildings, the
same shall be rebuilt and repaired as soon as practicable and
substantially to the same design, plan and specifications as
originally built, unless, within ninety (90) days of the date of
the damage or destruction, all Owners and first mortgage holders
agree not to rebuild or repair. On reconstruction, the design,
plan and specifications of any building or Lot may vary from that
of the original. upon approval of the Association, provided however,
that the number of square feet of any Lot may not vary by more than
five percent (5%) from the number of square feet for such Lot as
originally constructed, and the location of the buildings shall
be substantially the same as prior to the damage or destruction.
(Subject to ARB approval).
In the event any Owner fails to rebuild
or reconstruct the building which is located on his Lot pursuant
to this Section, then and in such event the Association may
undertake said reconstruction or rebuilding and levy a special
assessment against such Lot for the cost thereof.
ARTICLE IX
STAGE DEVELOPMENTS AND ANNEXATION
I
Section 1. Annexation without Association Approval. The
additional lands described in Exhibit "B" attached hereto may be
annexed, thereafter deannexed, in whole or in part, by Developer
and made subject to or removed from being subject to the governing
I '
provisions of this Declaration without the consent Ot the Class
"A" members of the Association so long as there is Class "B"
18
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[JoolFJ"~.,- rlpAGE
/533
/ 4 / 8
SEMINOLE CO. FL.
membership or the Developer still owns property or has an option
to purchase any property described in Exhibit "B". The Properties,
buildings and Owners situated upon all or any portion of the lands
described in Exhibit "B" attached hereto may at the1option of
the Developer, become subject to the provisions of this
Declaration or removed from being subject to the same upon recording
of an appropriate amendment hereto executed by Developer without
the consent of Owners. Until such an amendment is so recorded,
no provisions of this Declaration shall be effective as to all
or any portion of the lands described in Exhibit "B", nor shall
this Declaration constitute a cloud, doubt, suspicion or
encumbrance on the title to said lands and there shall be no
requirement that Developer annex all or any part of the balance t
of the Property into their Association.
Section 2. When Association App~oval Required.
If, within
seven (7) years from the date of this Declaration, an application
for FHA mortgage insurance or VA mortgage guarantees has been
made and not withdrawn, and the FHA or VA determines that
Developers' detailed plan for the annexed property or this
Declaration is not in accordance with the requirements of such
agency and either agency so advises the Association and Developer,
Developer shall have the absolute right to amend this Declaration
to permit the Properties and those lands described in Exhibit "B"
to be FHA and VA approved. Developer retains the right to apply
or not to apply, or to withdraw application, for either FHA
mortgage insur~nce or VA mortgage guarantee at any time hereafter.
Section 3. Effect of Annexation. When completed, any
annexation pursuant to this Article shall extend the jurisdiction,
functions, duties, and membership of the Association to the real
property thereby annexed; and the Owners of the Lots within the
lands described in Exhibit "A" attached hereto shall have equal
duties and equal rights in and to the Easement Area in the lands
annexed with the Owners of the Lots in the annexed lands, and
vice versa.
19
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'BOOK f',~CE
J533
/4/9
SEMINOLE CO. FL.
ARTICLE X
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or
in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by, or pursuant to, the
provisions of this Declaration; and the party enforcing the same
shall have the right to recover all costs and expenses incurred,
including reasonable attorney's fees.
In the event the Association
enforces the provisions hereof against any Owner, the costs and
expenses of such enforcement, including reasonable attorney's
fees, may be assessed against such Owner's Lot as a special
assessment pursuant to the provisions hereof. Failure by the
Association or by any Owner to enfo~ce any covenant or restriction
herein contained shall in no event be deemed a waiver of the
right to do so at any time.
If these restrictions are enforced
by appropriat.€,....proceedings by any such Owner or Owners, such
Owner or Owners may be reimbursed by the Association for all or
any part of the costs and expenses incurred, including reasonable
attorney's fees, in the discretion of the Board of Directors of
the Association.
Section 2. Severability.
Invalidation of anyone of these
covenants or restrictions by judgment or court order shall in
no way affect any other provisions, which shall remain in full
force and effect.
Section 3. Amendment. The covenants and restrictions of
this Declaration shall run with and bind the land, and shall
inure to the benefit of and be enforceable by the A~~ociation, or
the Owner of any Lot subject to this Declaration, their respective
legal representatives, heirs, successors and assigns, for a term
of thirty (30) years from the date this Declaration is recorded,
after which time said covenants shall be automatically extended
for successive periods of ten (10) years. The covenants and
restrictions of this Declaration may be- amended during the first
thirty (30) year priod by an instrument signed by not less than
20
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BOO~PAGE
1533
I 420
SEMINOLE CO. FL.
seventy-five percent (75%) of the Lot Owners, and thereafter by
an instrument signed by not less than sixty-five percent (65%)
of the Lot Owners, except as provided herein for annexation or
deannexation. Any amendment must be properly recorded. Notwith-
standing anything contained herein to the contrary, so long as
~he Developer is a member or is in control of the Association,
the Developer may amend'the Declaration for the purposes of curing l
any ambiguities or inconsistencies among or between the provisions
contained in said Declaration or amendments thereto or Articles
Ii
of Incorporation of Highland Village Une Association, Inc. or the
By-Laws or to bring the Declaration into compliance with standards
set out by Federal National Mortgage Corporation, Federal Home
Loan Mortgage Corporation, VA or FHA, and make any reasonable
- amendments thereto, so long as such~amendments conform to the
g~neral purposes and standards of the Declaration. Developer
shall also have the absolute right to amend the Declaration for
annexat ion or-.,deannexa t ion purposes..
Section 4. FHA/VA Approval. As 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
if application for FHA mortgage insurance or VA mortgage guarantees
has been made and not withdrawn: Annexation of additional Properties,
dedication of common areas, and amendment of this Declaration.
Section 5. Effect of Recording. Any Lot situated within the
real property described in Exhibit "A" attached hereto shall be
deemed to be "~ubject to assessment" as such term is used in this
Declaration, or in the Association's Articles of Incorporation
or By-Laws, upon recording of ths Declaration; and any Lot
annexed pursuant to the provisions hereof shall be deemed "subject
to assessment" upon recording of the amendment to this Declaration
annexing the same.
Section 6. Dedication. In the event any portion of the
Properties is dedicated for use by any public agency, or franchisee
thereof. for the purpose of installing utility facilities servicing
21
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BOOK . PAGE
/533
1421
SEMINOLE CO. FL.
- - the Properties then the provisions of this Declaration shall
- be inoperative to the extent that they conflict with the terms
-: of such dedication. Should any of the easements for utilities
lie within the Lots, a right of access to said easements is
.. _granted to the entity or person owning the utility installa-
tion.
Subject to the requirements of Article II, Section 1,
of this Declaration, the Association may dedicate all streets
and roads to public use and, upon acceptance of such dedica-
tion by the public agency having jurisdiction of the same,
the-~erms and provisions of this Declaration shall not apply
,.:;
:~to the areas so dedicated to the extent that the provisions of
- this Declaration are inconsistent with such dedication.
._~ r"
-- -
Section 7.
Conflict with Declaration of Covenants, Con-
-- ~.
.;ditions and Restrictions of the Highlands. In the event any
. r
-
__provision in this Declaration is in conflict with the terms
and conditions of the rules, regulations, covenants, conditions
: and.restrictioJ4s existing for the Highlands Homeowners Associa-
tion, such provision shall be null and void and the Highlands
- - Homeowners Association rules, regulations covenants, conditions
and restrictions shall control.
IN WITNESS WHEREOF, the Developer has caused this instru-
ment to be duly executed the day and year
~~
STATE OF FLORIDA
COUNTY OF ORANGE
The firsgoing instrument was acknowledged before me this
- ~ day of .-L1A R ( H 198;', by WARREN E. WILLIA?iS,
Vice President of NEWLANDO, INC., a Florida corporation, on
behalf of the corporation.
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EXHIBIT "A &HIIIIOLE CO. FL.
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EXHIBIT liB"
/533
/423
aegi:l at ~'1e So\:.theast Corner of Lot 6 ~n BlockSl~ND6~C~Jtth Orlando
Ranches Secticn 11, as recor~ed i~ plat Book 13, Pages 22 and 23
of the Public Records of Semi~ole County, Florida, thence run
s. 8605';"58" E. along the ~orth line .of said Block 16, a distance
of 594.84 feet to a point on the Westerly right of way li~e of
State Road No. 419, said point being on a curve concave Northeast-
erlv, and having a radius of 2425.71 feet, t~ence from a tangent
bea;i..~g 0: S.27006'3S" E. rU:l Southeasterly along the ar:: or said
curve and s<Jid -;.;esterly right of .....a~' :'.:..~e 280.79 feet through a
central angle of 06037'S6" to the point of reverse curvature of a
curve concave Westerly and having 3 radius of 25.00 feet, thence
run Southerly along the arc of said curve 38.62 feet through a
central angle of d8030'32" ~o the point of tangen~I on the Northerly
right of '/'Iay line of Edgemon .~venue: thence run S. S40 46' 01" W.
along said Sort~erly right of way line 721.15 feet, thence N.35013'
59" ~.;. 175.00 feet, t1':.ence S.S4~46'Ol" w. 210.00 feet, thence
~.35013'S9" W. 32.05 feet, t~ence S.5~o46'01" w. 155.00 !~~t_~o. t1':.~
~
Westerly coundary line of said North Orlando Ranches Sec~ion 11, ~
thence run Nor~herly and Westerly along said Westerly boundary ~
line the following courses: run N.3s013'59" W.l19.96 feet to the ~
point of curvature of a curve concave Easterly anc having a radius ~
of 1715.00 fe~t, thence run Northerly along the arc or said curve ~
383.46 feet through a central angle of 12048'39", thence run ~
5.67034'40" W.234.44 feet, thence 5.80018'19" W. 225.00 feet, ~
~
thence leaving said Westerly boundary line run 5.26056'03" W. :;f
580.15 feet, toit~e Nort~west corner.of Lot One, Block "3", North ~
Orlando 5th Addition, as recorded in Plat Book 13, Pages 77 and 78 ~
of t~e Public Re~rds of Seminole County, Florida, thence run ~/
South 105.00 feet to a point on the Northerly right of way line of ~
~.
North 3rd Street, as per plat of- "North 3rd Street and Sheoah ~
Boulevard", recorded in Plat Book 19, pages 33 and 34, Public ~
Records of Seminole County, Florida, said point bei:lg on a curve ~,
concave Southerly and having a radius of 701.77 feet, thence run ~
~,
Westerly along said Northerly right of way line, the following ~
courses: t~ence from a tangent bearing of West, run ~esterly along ~
the arc of said curve 367.45 feet through a central angle of 300 f~
00' 00" to the point of reverse curvature of a curve concave .- ~e
;,?,r.
Northerly and having a radius of 432.82 feet, thence run Westerly-'. ~
along the arc of said curve 201.99 feet through a central angle ~
of 26044'22" to the point of tangency, thence run 5.86044'22" W. ~~
199.82 feet to the point of c~=vature of a curve concave North- .. ~
easterly and having a radius 0= 25.00 feet, thence run ~orthwesterl7~
- . ";:r) r.
along the arc of said curve 37.30 =eet through a central angle of ~~
86037' 42" to the .ooint of reverse curvature to a curve concave ~r.
~esterly and havi~g a radius of 910.23 feet, said poL~t also beL~g ~
on the Easterly right of way line of Sheoah 30ulevarc: thence ~
leavL~g said Yortherly right of way :ine of North 3rd Street, run ~
Northerly along the arc of said curve and said Easterly right of ~
way line 227.42 feet through a central angle of 14018'SS" to the ~
Sout.~erly line 0= Tract "A ", of The Sighlanc.s Sectiol) Two, as ~
recor~ed in Plat 3cok 17, oa~e 47 of the ?ublic Recor:s of Semi~ole ~~
.. j "".....
County, Florida, thence run Northerly along the Southerly and ~
Easterly li.o:e 0: said Tract "AU the following courses: run N.75044-' ~~
09" E. 408. i4 feet, 'Chence ~l.lSo 30' 18" E.' 804.27 feet, thence ~,
''1 3' 0 45 ' ., , " l:' 2 .4 6 08 f t th ''1 600' l' 43" E 5 Q 3 - , L:e t ~~
.'t... _........,.. .. ee, . ence ..... _ . _ .:J_ ... e . .....::.
(continued on next page)
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. OFFJCIAL RECORDS
BOOK PAGE
"
1533
1 424
1-::\111 BIT "B"
SEMlttoLE CO. FL.
:hence N.23037146" E. 87.32 fect, thence N.:3049127" W.420.SG feet,
thence N.l~o41'21" W.706.32 feet, thence N.01019'S6" E.430.1: feet,
=b~nce ~.49045'';9" 1-1.170.29 feet to the Southerly boundar.! line of
"The r...i;hl.ands Section Four", as recorded in Plat Book 19, page 44,
of ~~e Public Records of Seminole County, Florida, thence lea'/inq
said Easterly line of "Tract A", run Easterly along said Southerly
~cur.dary line of rhe HighlandD Section Four the fcllowing courses:
r~n 9.35025'56" E. 143.04 feet, th~nce N.22029'36" E. 115.42 feet,
~he~ce S.66049'30" E.219.93 fe~t, t~encQ1~aving said Southerly
boundary li:lQ run 5.26002'31" E. 288.92 feet, thence 5.22022109"
200.00 feet, thence 5.02059'12" W.71.S8 fect, thence 5.50008148"
1:'1.09 feeto, th~r.ce 5.78052'S8" E. 277.53 feet to a point on a
o::u:".pe concave Easterlv and having a radius of 633.88 fet:'!t, thence
- I
=r~r:l a ~angent ~e~=iI~q of ~.11007102" E. r\1."1 ~ortherly along the
a=~ of said cu=ve 2l~.46 feet through a central angle of 19012'16",
~hence ru..'l 5.59040 I 42" E. 270.00 feet, thence N. 890 05 1 02 II E .0,
l39.~3 feet to a ?oL~t on the Easterly boundary line of North
Qrlanco aanc~~s Sec~ion 12, as recorded in Plat Book 13, Pages 24
a~c 25, of the Public 0= Seminole CO~"1ty, Florida, thence run
5.00054' 58" E. along said :~sterly bouncary line of ~orth Orlartdo
~anche~ S~c~ior. 12, and the ~asterly boundary line ~i aforesaid
~10:---";1 O.lanco Ranches S(!ction 11, a dist3.nce of 1564.39 feet to
::'0 ~oL~t of b~gi.-..ni:1g 0, LESS THE LEGAL DESCRIPTION DESCRIBED IN
EXllljnT~ "A"
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