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HomeMy WebLinkAboutPinewood Terrace r}/ (, \f co C> r--- N M QJ ::::; (Ij VlS:::-o O,QJ'r- s::: > $... 'r- c::( 0 $... o..S:::LL VlO E ~ $... QJ Vl QJ 0,0, +-> -0 s::: s:::w...... ........ $... o :3:..s::: 0.. +> +-> Vl 4-$... S:::OO$... $... :z: QJ ::::;>, +-> +>+>C>s::: QJ...... C> ...... a::U<::t:3: /~ >, .J::J C> QJO'l -0 ::::; r--- QJ S:::N $... QJM (Ij > 0.. c::((Ij QJ -0 $... .::,t....... o..>,$...$... +> 00 +-> s::: >-.-- s:::...... LL QJ $... 3: ECLQJ~ ::::; :z:.::,t. $.... $... +-> <.!J ..s::: (Ij Vl +-> CL s::: QJ $... ...... s::: 0 $... S::::Z:QJ Vl(lj +-> ...... N O'l s::: ..s::: ::::; \.0 ...... I-VlM:3: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PINEWOOD TERRACE THIS DECLARATION, made on the date hereinafter set forth by WINTER SPRINGS TERRACE PARTNERSHIP, a Florida general partnership, hereinafter referred to as "Declarants". WITNESSETH: WHEREAS~ Declarants are the owners of certain property in the City of Winter Springs, County of Seminole, State of Florida, which is more particularly described as: t/7J? PINEWOOD TERRACE, Plat Book ~, page 3& in the Official Records Book of Seminole County, Florida. NOW, THEREFORE, Declarants hereby declare that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described~ :e') .;.:. ~\g properties or any part thereof, their heirs, success-ors 'ai)d::o thereof. r-:i J[~ "'::::!!::t ~::.J."" "~~m !--t 1:) assigns, and shall inure to the benefit of each Owne~ ARTICLE I ... = DEFINITIONS Section 1. "Association" shall mean and refer to PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC., a non-profit corporation organized under the laws of the State of Florida, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a ;u n CJ1 OJ I""'; r c (::-) ;J c.D 0") co ( 00 U1 w c......:- c.D See -S-h""..f {'or'! U N d. __"- ~ fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) to be maintained and used by the Association for the common use and enjoyment of the Owners. The Common Area to be maintained and used by the Association at the time of the conveyance of the first Lot is described as follows: For each of the lots described herein, there shall exist a Common Area defined as a parking lot composed of eight (8) parking spaces and the adjacent landscaping, including all of the areas outside the building structure with the exception of the areas directly in front of the building structure to the opposite lot lines. In addition, there shall be Common Areas ~() C/ outside the lots described herein which shall consist of the following: a recreation area, recreation equipment (not to exceed $ LOOO.-frO in value), and lighting of the recreation area located in Tract A of the development; a drainage retention area located in the southwest corner of the development; an overflow swale located along the south and westerly sides of lot 1; a 4' concrete walkway abutting all lot sides facing Kristi Ann Court; an 8' right of way 2 en c..n D:1 :::,..~.~.I1_. g ~ ;:,~ ~ 0") -., f2 f=::! rn ,..". CJ D a ;:!1 w 0") c.o -','" "-'. 'J",_ (-') between the concrete walkway and Kristi Ann Court; fencing on the north, east and south sides of the development; and a pedestrian walkway easement along the southwesterly lot line of lot 4 of the development. This Common Area will be maintained by the PINEWOOD TERRACE HOMEOWNER'S ASSOCIATION, INC., a corporation not for profit, organized pursuant to Chapter 617, Florida Statutes. This Common Area shall exist for the benefit of those residents residing in the PINEWOOD TERRACE units. The Common Areas to the front, side and rear of each building structure shall provide access, if needed, for emergency vehicles and personnel or such other authorized persons to the building structures, playground or drainage retention area. Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 6. "Declarants" shall mean and refer to WINTER SPRINGS TERRACE PARTNERSHIP, a Florida general partnership, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarants for the purpose of development. ARTICLE II PROPERTY RIGHTS Section 1. Owner's Easements 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. Section 2. Owner's Use of Lot. Use of Lots shall be limited to residential purposes. 3 - c.n <:.n ~ 2-) 0') r- f11 r:-:J o c:::> ;22 c..o -. """-J c:::::> (OJ C"~ J ~ Section 3. Delegation of Use. Any Owner may delegate in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 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 which is subject to assessment. Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Declarants, 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 among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member shall be the Declarants who 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, or (b) On January 1, 1985. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarants, for each Lot owned within the properties, hereby covenant, and each Owner of any Lot by acceptance of a deed therefore, 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 4 en c:..n CJ <::) ~ C~ <::""", ;::'t~ ....,.,. 25 0:> ':~1 C-:I r- .",,. P1 /-.-- CJ 0 c::::> .... W ~_M'" r- ~-.. f..') -., improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees shall be a charge on the land and shall be a continuing lien upon the property 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 property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively, to promote the recreation, health, safety, and welfare of the residents in the properties and for the improvement and maintenance of the Common Area and of the homes situated upon the properties. Section 3. Assessment Allocation. Assessments shall be levied as to each Lot on the basis of the class of membership as hereinafter set forth. The assessment for the Class B membership for any vacant Lot or any Lot superimposed with an unoccupied, unsold living unit structure shall be twenty-five percent (25%) of the annual assessment for a Class A member. Section 4. Maximum Annual Assessment. Until January 1, 1984, the maximum annual assessment for each Lot shall be as follows for each class as designated: Class A - $50.00 per year. Class B - Not less than 25% of the annual assessment for a Class A member. From and after January 1, 1984, the maximum annual assessment may be increased each year not more than five 5 C/) c.n ITl ~,- 0":) C) r- rq n <::) c::> ;:::! C,.l,,) -u ~;; ~ ........, percent (5%) above the maximum assessment for the previous year without a vote of the membership. The maximum annual assessment may be increased above five percent (5%) by a vote of two-thirds (2/3) of the Class A members who are voting in person or by proxy, at a meeting of the Association duly called for this purpose. The Board of Directors may fix the annual assessments at an amount not to exceed the maximum. Section 5. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicble 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 threto, provided that any such assessment shall have been approved by two-thirds (2/3) of each class of members who are voting in person or by proxy at an Association meeting duly called for this purpose. Section 6. Notice and Quorum for any Action Authorized Under Sections 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 or 5 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 of each class entitled to cast sixty percent (60%) of all the votes of each class shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be 6 (/) CJ1 g:; ~ ~7~ f2 en rrJ ("'") o <::::> ;::1 CJ..) -.s w held more than sixty (60) days following the preceding meeting. Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots within each class of membership and may be collected on a monthly or quarterly, or annual basis. Section 8. Date of Commencement of Annual Assessments: Due Date. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specific lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the association as of the date of its issuance. Section 9. Effect of Nonpayment of Assessments: 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 permitted by Florida Law. The Association may bring an action at law against the Owner personally obligated 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. In any action to enforce any assessment made 7 en c.n ~;] - .,J,,- 0') C) 1- m n ~ c:::> ." (.r.;) r- ""'J ...0:::-- hereunder, the prevailing party shall be entitled to a reasonable attorneys' fee, including attorneys' fees for appellate proceedings. Section 10. 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 shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinquish 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 any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Florida shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE V Lot and Exterior Maintenance. In the event an Owner of any Lot in the properties 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 and thirty (30) days' written notice to the Owner, shall have the right, through its agents and employees to " enter upon said parcel and to repair, clear, trim, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject, which shall be 8 C/) c.n t:J LJ !:;2 r-, ...."' ~~ en """'.- 0 r- rrl c ~ c::> "T'l W r- -..", c..n due and payable thirty (30) days from the date said assessment is made. ARTICLE VI PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rule of law regarding party walls 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 shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such element. 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 successors in title. 9 - en CJ1 co f:;! 25 ~:;:!:;~ -"1 ~~? 23 0") r- m C') !=J a ;2] c.o ~ 0) Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE VII ARCHITECTURAL CONTROL Section 1. No building, fence, wall, or other structure shall be commenced, erected or maintained upon the properties, 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 external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives 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 specifications have been submitted to it approval will not be required and this Article will be deemed to have been fully complied with. Section 2. Because structures will be owned by more than one Owner, any change in color, repainting or other substantial change in the exterior appearance of any structure, including landscaping of the Lot, must first be approved by a majority of the Architectural Control Committee. Said Committee shall condition said approval in a manner designed to retain uniformity of appearance of the structures in the subdivision. In the interest of justice, the Committee may deny the request or condition its approval 10 U1 c:r (f) C) !;2 <:') ..n ..,,' - en c'") r-.' P1 ("") 0 <:::::> "'Tl U) -u , r- , ~ ~ as may be necessary. However, in the event of a dispute between Owners of adjoining homes regarding repainting or exterior appearance, the decision of the Committee shall be binding upon all Owners and shall be enforceable as provided for in Article V. This Section shall be liberally construed to promote the uniformity of appearance in the subdivision, especially among adjoining Lots occupied by the same structure, and to require a Lot Owner to keep the exterior in a good condition, and to cooperate with the adjoining Lot Owners in doing so. This Section shall not be construed in such a way as to force a Lot Owner to make cosmetic improvements which are desired by the adjoining Lot Owners, but are not in the nature of maintenance of existing appearance, unless the Lot Owner has previously agreed to said improvements. ARTICLE VIII USE RESTRICTIONS Section 1. Use of Common Area. There shall be no obstruction of the Common Area, nor shall anything be kept or stored on any part of the Common Area without the prior written consent of the Declarants and/or Association, as may be appropriate, except as specifically provided herein. Nothing shall be altered on, constructed in, or removed from the Common Area except upon the prior written consent of the Declarants and/or Association, as may be appropriate. It shall be the responsibility of the Association to provide day-to-day maintenance to all common areas, specifically, there shall be no storage on or obstruction of the drainage easement area. Section 2. Parking. No owner or occupant shall park, store, keep, repair, or restore any vehicle, boat, or trailer anywhere upon the Properties, except within the designated parking area of each Lot. Each owner or occupant of each unit will be assigned two parking spaces. The 11 - en c.n !R - c3 0') r-- n, c-;, ~ c:::> ;:1 C-0 '.,: -...., co r:;:, Cj 2(~:~ -....~;, .::'1 ~=~ location of the two spaces assigned will coincide with (and will be the nearest to) the location of the owner or occupant's unit, i.e., in lot 1, the most westerly unit will be assigned to the two most westerly parking spaces, the next adjacent Lot will be assigned the next two spaces, and so forth. The assigned spaces will be marked with the corresponding address number of the owner or occupant's unit. Section 3. Signs. No signs of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one (1) square foot advertising the property for sale or rent, or signs used by a building to advertise the property during the construction and sales period. Section 4. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any Lot. Section 5. Livestock. Poultry and Nuisances. No noxious or offensive trade or activity, including, but not limited to, the raising of or keeping of chickens, goats, pigs, horses, cattle or other animals, shall be carried on upon any Lot, but the foregoing shall not be construed as to prohibiting the raising or keeping of domestic pets provided they are not kept or bred or maintained for commercial purposes, nor shall anything be done on any Lot which may be or become a nuisance or an unreasonable annoyance to the neighborhood. Section 6. Prohibited Structures. No trailer, tent, shack, garage, barn or other outbuilding erected or placed upon any Lot, shall at any time be used as a 12 - <n c.n ~f - ;::3 0') r- 17~ t:J C':) o ;;'1~ !: - ,^' r-~ ('J ~ c:::, ;::1 <..u -:.1 -.." -' c..o residence temporarily or permanently, nor shall any structures of a temporary character be used as a residence. Section 7. Garbage and Refuse. No Lot or Common Area shall be used or maintained as a dumping ground for rubbish. Trash, rubbish, garbage or other waste shall not be permitted upon any Lot or Common Area except inside the improvements on each Lot or in sanitary containers concealed from view in accordance with the rules and regulations of the Association and in accordance with all laws of governmental authorities having jurisdiction thereof. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 8. Easements. Easements for installation and maintenance of utilities and drainage facilities in the Common Area are reserved as shown on the recorded plat as filed with the governmental authorities. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage facilities in the easements, or which may obstruct or retard the flow of water through drainage facilities in the easements. The easement area of each Lot and all improvements on it shall be maintained continuously by the owner of the Lot, except for those improvements which a public authority or utility company is responsible for. Section 9. Sewage Service. Sewage service to all property described in this Declaration will be supplied by the North Orlando Water & Sewer Corporation, in accordance with its rules and regulations. The use of septic tanks or any other sewage disposal facilities is specifically prohibited. 13 - (I') c.n fl - f2 0) rT1 (J 9 <::::> ;::J c..o co <::::> ARTICLE IX 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 the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action for enforcement brought hereunder, the prevailing party shall be entitled to a reasonable attorneys' fee including attorneys' fees through appellate proceedings. Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no wise 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, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Notwithstanding the foregoing, this Declaration may be amended prior to January 1, 1985 by the Declarants so long as the Declarants are the owners of at least fifty percent (50%) of the lots and so long as any such amendment is approved as provided for in Article IX, Section 4. Any amendment must be recorded. Section 4. FHA/VA Approval. As long as there is a Class B membership, any amendments to this Declaration of 14 - en t:J ~: 2 r- I'l <J a CJ1 g ___ c> ....:1:'- c":~, ""''''--,.'1 0') ~l t;E f'-' <:::;) ;1 (.tj CO Covenants, Conditions and Restrictions, any dedication of common area, or annexation of additional land will require the prior approval of the Federal Housing Administration or the Veterans Administration. IN WITNESS WHEREOF, the undersigned, being the Declarants herein, have caused these presents to be executed this { .~ I day of l.lJu:..0 {vJ......-i!-'-... , 1983. Signed, sealed and delivered in the presence of: WINTER SPRINGS TERRACE PARTNERSHIP, a Florida general partnership By: CHRISTEN HOMES, INC. ~~~~~~~~--- ~~~~ Chr is S: Derato As Its President By: 1'\ /'1 I i '1 '.7,/12 7/ I ../ .~ ~ /r~ ! /ll1iY)1/tlt1( ~f~ S. S. ChJ.n (CORPORATE SEAL) "DECLARANTS" 15 - 0') <:..n t'~, rq C:l ~ -- ~~ ::~-; r~.~ 0) ~1 - f,~ f11 r~ () ;,.. o a ;::1 c......., :D 0::) c~; "'-=> rl '1 ',. STATE OF FLORIDA o _ ~ II COUNTY OF ,~h-"{.,,',,G"-"J2: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared CHRIS S. DERATO, well known to me to be the President of CHRISTEN HOMES, INC., a Florida corporation, and he acknowledged executing the foregoing instrument in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said partnership and that the seal affixed thereto is the true corporate seal of said partnership. WITNESS my hand and official seal in the County and SW~,~:.',J,.q.$t.aforesaid this' 1Jt- day of 7).fl<'.Ur..~-' 1983. ::"::>>-~\'c(Jse",~"" I,~~lr.. SEAL) (J+: i ..j) / 1 > il Q ~ -'. :/' ~ v ~ V (WVJ2..t.~ j:. , ?L ;U..J:-8JJ'.....e , 1 ." : Notary Public, State of Florida ~. ';; '.':') I ! :1 \ \ G ,: /1 i:.J c l' r> \, J'~, ' ... My Commission Expires: tt..L~A-a.-' I / /7[. I '". r "'''- .. \, ( j I ,t,~ \'~.' STATE OF FLORIDA COUNTY OF ).J.I~jV\%-QJl- COUNTY OF #AI"...~'I'.-C-Qi~ I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared JAMES A. WEINBERG, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State''''lfw.st aforesaid this 1st day of O.JA:. e..r-rvt....,z~, , 1983. " .', I \ \ \ ~ t 'j" t" '. . , " I, ,,;ow, 0") 0 )' \''(NOT~;R'I~L SEAL) ,() _, /,~.'!,' ,>/.-J /> /' Il, i, .. \ .' h::.t{j1A.-C /c~v ~. {/(/^~ LEA.4U;), . /"'.... ,\,\0 r ARf .j... Nbtary Public, State of Florida L ; .,,; '.:....1 . \ /'I (J .1 My Commission Expires :r2/.zJ;./,<..aJL / ;)../ /9',p/'Z- .. U (s L \ .. / 0 c..r, .... .... , ~~? .......... '. oFl' .......... ,'< 22 ....,.41r Jf n\' f2 0) STATE' 't)'t , FLORIDA "I ('") .0 C;:::) f?!C-t.> Co C-t.> r-'", I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the Cbunty aforesaid to take acknowledgments, personally appeared S. S. CHIN, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ! E..~ day of '7'>J/(lG-Jvj~,\ , 1983. ,.", (~OtARIAL SEAL) ,v\~..t:"~'I... , '(, .... ".. ( " .. ',," 0 T AA)' ", -Z.~. ~ '..... ' ~\ \- ." ... '0" :c': . /)'/1::.\\<:':' ... l.i 0 ~ .. .?' ..- ("........ "'I, J',;' '.; "~, -!,' F '~J; {'. "'II,!!,.., /1 I '0 ''0 1:" . , , ..). .U' $"/ / , fx1u~~.c~ ~ ,i[9j~_'h, Notary Public, State of Florida ') ,jL /).. /'4 \)? .. . / ~-. 7" My Commlsslon Explres:~~)?t. / ~ 16 D "I / v/' if: co o r--- N ('I') W :::ltO Ul S:::-c a,w,,,,,, s:::>S- ...... c::( 0 S- c..S:::LL. VlO E ~ S-WUl W 0'> 0, +->-CS::: c:: l.Ll . ~ ........ S- 03..s::: c.. +-> +-> Vl 4-S- S:::OOS- S- ZW :::l >, +J +J+JOS::: W ...... 0'"", o:::u<:::t"3 ~ >, ..c 0 WO'\ -0 :::l r--- W S:::N S- W('I') to > c.. c::(tO W -0 S- .::.:....... c..>,S-S- +J 00 +J s::: >-.- s::: ...... LL. WS-::: E 0... W ~ :::l Z'::':' s-. S- +J0..s:::tO Ul +J 0... S:::WS- ...... s::: 0 S- s:::ZW Ul to +J ...... N 0'\ s::: ..s::: :::l ~...... I-Vl('l')3 of c.n CJ (/) 0 rn 9c-.'"::} 2: "...,......." 0') .~,.-1 ::z:: C".) C) r t-- m C") 0 c::> ..,., (..l.) \,,.. r - co CO) ..;::- rn ARTICLES OF INCORPORATION OF PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC. (A corporation not for profit) In compliance with the requirements of Section 617.013, of the Florida Statutes, the undersigned, all of whom are full age, have this day voluntarily associated themselves together for the purpose of forming a corporation not for profit and to hereby certify: ARTICLE I The name of the Corporation shall be PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC. ARTICLE II The principal office of the Association is located at 107 Meadowcreek Cove, Longwood, Florida, 32750. ARTICLE III Chris S. Derato, whose address is 107 Meadowcre~ Cq~e,~ ~ ":"1'1 _I', f"'Y1 "J -""\0 ..~.=> _.~ K t~ ':" ::.0 ~ z::: _'n ~ rr; :-~ ~ ~:":; 'x 0 0~ '~~ r~ ,..::m. ..,:C) '_ ~ ~~ ~ ~ c::o..... 0 Longwood, Florida, is hereby appointed the initial registered agent of this Association. ARTICLE IV PURPOSES AND POWERS OF THE ASSOCIATION This 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, preservation and architectural control of the residence Lots and Common Area within that certain tract of property described as: ". PINEWOOD TERRACE, Plat Book ~, page ~, in the Official Records Book of Seminole County, Florida, and to promote the health, safety and welfare of the residents within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to: (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association ( OJ c..n to A C> as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereinafter called the "Declaration", applicable to the property and recorded or to be recorded in the Office of the Clerk of the Court, Seminole County, Florida, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) fix, levy, collect and enforce payment by any lawful means, all charges or dues pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office 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 (2/3) 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) participate in mergers and consolidations with other nonprofit organizations organized for the same purposes or annex additional residential property and Common Area, provided that such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members, and shall be approved by the Veteran's Administration or the Federal Housing Administration where such approval is required by the Declaration; and (f) have and to exercise any and all powers, rights, and privileges which a corporation organized under the -2- (J") c.n m - -~ 0') C3 r- IT] CJ 0 c::> '"TJ CJ..:> r- -, co c.n " Non-Profit Corporation Law of the State of Florida by law may now or hereafter have or exercise. 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, including contract sellers, 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 I, Section I, of the Declaration of Covenants, Conditions and Restrictions dated 1?6GGM~e~ ~ /?~J and recorded in O. R. Book I~/~, pages ~3b~through ~~~~ Public Records of Seminole County, Florida, provides for this Association, and said Declaration is incorporated herein as if set forth at length. 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 (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 -3- U'l c..n IT! ~ en o r- rr. n o c:::::> ;J C-\) -CJ . Cl::> GJ en rq 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; or (b) on January 1, 1985. ARTICLE VII DURATION This corporation shall have perpetual existence. ARTICLE VIII SUBSCRIBERS The names and residences or principal place of business of the subscribers hereto are as follows: Christen Homes, Inc. 107 Meadowcreek Cove Longwood, Florida 32750 James A. Weinberg 1705 Alvarado Court Longwood, Florida 32750 2142 Mohican Trail Maitland, Florida 32751 S. S. Chin ARTICLE IX BOARD OF DIRECTORS The business affairs of the Corporation shall be managed by a Board of Directors of not less than three (3) nor more than seven (7). The Board of Directors shall be elected by the members of the Corporation and shall be elected annually. The names of the persons constituting the first Board of Directors and who will serve until the first election are: Christen Homes, Inc. by its President, Chris S. Derato James A. Weinberg S. S. Chin The Board of Directors shall elect or appoint a President, Vice President, Secretary, Treasurer, and Assistant Secretary at the first meeting of the Board of Directors following each annual meeting of the members. The duties of -4- c..n D:J en 0 CTl 0 3: ;:;';~~ :E 0') ::~1 0 CJ r- :;,... rT1 ('") - '.~ 0 C> ""T'J W -~ '-.,- r- c.) co """"oJ the officers shall be as prescribed by the By-Laws of the Corporation. ARTICLE X OFFICERS The names of the officers who are to serve until the first election by the Board of Directors shall be: Nsim.e. Office Christen Homes, Inc., by its President, Chris S. Derato President James A. Weinberg Secretary ARTICLE XI BY-LAWS The By-Laws of the Association shall be adopted by the Board of Directors. Thereafter, the By-Laws may be amended, at a regular or special meeting of the members, by a vote a majority of a quorum of members present in person or by proxy, except that the VA/FHA shall have the right to veto amendments while there is a Class B membership. ARTICLE XII AMENDMENTS Amendments to the Articles of Incorporation may be proposed by any member and adopted by a seventy-five percent (75%) vote of the entire membership. ARTICLE XIII 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 association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit -5- c..n g c:> ;;;~~ .-..., 2:; en nl ~ c.3 0') of h:; _,-'''"' r--'- ("") <:;) c::> ;:::1 C-0 CO CO -:'7 '-~-.~~ ~',"'" c....] corporation, association, trust, or other organization to be devoted to such similar purposes. ARTICLE XIV FHA/VA APPROVAL As long as there is a Class B membership, the fOllowing actions will require the prior approval of the FHA or VA: Annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dedication of Common Area, dissolution and amendment of these Articles. IN WITNESS WHEREOF, the undersigned have subscribed their names respectively to the Articles of Incorporation of PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC., a l .,.." f"\. corporation not for profit, on this ~ day of tlJe(l , , 1983 . CHRISTEN HOMES, INC. By: ~~s~ " Chris S. Derato, President -'5. s. Ch1n -6- c..n r::l en Cl m S~ ..... "",", ~:: en a r- r,'J n - .,~ Q C> ""T1 U,) r- - CO c, c.o 1,1 STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, a Notary Public authorized to take acknowledgments in the State and County set forth above, personally appeared CHRIS S. DERATO, President of CHRISTEN HOMES, INC., a Florida corporation, known to me and known by me to be the person who executed the foregoing Articles of Incorporation, and he acknowledged before me that he executed these Articles of Incorporation. I 1.111....! '. l ;' I " -'~ '::_-' .', ". ""~ . ," . . - .r;~~+L::~r;;AL) .. ,it". ,'J} ..: . :...J __ '",:,... .... - ,~~ IN WITNESS WHEREOF, I have hereunto set my hand and affixe~fmy officia~seal, in the state and county aforesaid, this ~ day of D...iUf'P.ld^L~ , 1983. -E3 ': .) J . I) r /" .r) . ~~0h-' ~"Ct/:"'.z ~8v'...~L:.- Notary ~ublic /' f /] /9Y/ My Comm1ssion Expires: 0LL~~ I v STATE OF FLORIDA CJl c:J (f) 0 1TI :2 3: .-- ..,.,.. en Cl 1- fT] n 0 c::> ",",1 "T1 CJ.) ., ,...') r- c..o c::> COUNTY OF SEMINOLE BEFORE ME, a Notary Public authorized to take acknowledgments in the State and County set forth above, personally appeared JAMES A. WEINBERG, known to me and known by me to be the person who executed the foregoing Articles of Incorporation, and he acknowledged before me that he executed those Articles of Incorporation. IN WITNESS WHEREOF, I have hereunto set my hand and af~ixed~ officia~ seal, in the state and county aforesaid, th1s /~day of UD.tlo./wJ-~,- , 1983. . I ~ \ ~..I;.~~J / ,', .Poti(~:(f),- / (d--L~Y(L , <....' ""\/ \ Notary Public ,;.... ~oT AFT r....-~~ '-: My Commission Expires: (J . : 0 : t ,JNOT~FiL ~EAL) "". U n L \ .' :" ..... ...... or'~ .~ '('/."....,..... ,," '," .' . ,,. 'If r' STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, a Notary Public authorized to take acknowledgments in the State and County set forth above, personally appeared S. S. CHIN, known to me and known by me to be the person who executed th~ foregoing Articles of Incorporation, and he acknowledged before me that he executed those Articles of Incorporation. I . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my .otficial seal, in the state and county aforesaid, this Lg:~::',ipJ.i"'o+ -Cu' (i/vv\b~ '- , 1983. -0':' O;:~ "~"'" ~.\ Pcct1--[~ 0,- ':I! U_/-,-~L ;({!{A"J _:' ;! ..' - ~ ~...: Notary Public . . ,: -J . -.'. /1 .L ! ") ~ ,.f7 -.) ...... ~ .J ~fJJ ./ :" . My Commission Expires: U...-I./-F' .r-//7. ( NOTAn't^L..~E~l~)" -7- lJ ~/. V' . Q) :::l ~ VlS:::-o O'j Q) ",.... s:::>!- ",.... c::( 0 !- r- 0.. s::: l..L VlO E ~ !-Q)Vl Q) 0',0') +-' -0 s::: s::: w ",.... .. -r-- s.... 03:..s:: 0.. +-' +-'Vl 4-!- S:::OO!- !- :z: Q) :::l >, +-' +-' +-' 0 s::: Q) ",.... 0 ",.... O:::Uo::::r3: ~ >, ..a 0 Q)O'\ -0 :::l r--- Q) S:::N !- Q)(V) ~ > 0.. c::( ~ Q) -0 !- ~",.... o..>,!-!- +-'00 +-' s::: >- r- S:::',.... l..L Q)!-3: ECLQ) ~ :::l :z: ~ !-. !- +-' t!J..s:: ~ Vl +-'CL S:::Q)!- ',.... s::: 0 !- S::::Z: Q) Vl~ +-' ",.... N 0'\ s::: ..s:: :::l I.D .,.... I- Vl (V) 3: e e:c:. i. -- 1518 I 053 , . .....,- 'W... SE;ii;!ULE cu. FL. BY-LAWS co o r--- N (V) OF PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC. ARTICLE I / ;- NAME AND LOCATION ;1' The name of the corporation is PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC., hereinafter referred to as the "Association". The principal office of the corporation shall be located at 107 Meadowcreek Cove, Longwood, Florida 32750, but meetings of members and directors may be held at such places within the State of Florida, County of Orange or Seminole, as may be designated by the Board of Directors. ARTICLE II DEFINITIONS Section 1. "Association" shall mean and refer to PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC., its successors and assigns. Section 2. "Association Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. ~~ e p'''\rA.''C', '~ L';~~. . . I 5 I 8 I 0 5 !~ sc:: ~L[ cu. FL. Section 3. "Common Area" shall mean all real property maintained and used by the Association for the common use and enjoyment of the Owners. Section 4. "Lot" shall mean and refer to any plot of land shown as a Lot upon the recorded subdivision maps of the properties with the exception of the Common Area. Section 5. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to WINTER SPRINGS TERRACE, a Florida general partnership, its successors and assigns if such successors or assigns should acquire more than one (1) undeveloped lot from the Declarant for the purpose of development. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties recorded in the Office of the Clerk of the Court Seminole County, Florida at O.R. Book /6"/47 pages tJ..J68 through ~3g3, on ~A/'f),4te. 1" I tJ " J 101- ~ as amended from time to time. -2- e e I) ~ ~ ';' l : t,." ~-", .. " ,.. .\-' " EC\;~ ,", - . . I 5 I 8 I 055 Sr:: ,':I:.'l_E l.,J. i~L. Section 8. "Member" shall mean and refer to those persons entitled to membership as provided in the Articles of Incorporation. ARTICLE III MEETING OF MEMBERS Section 1. Annual Meetin9. The first annual meeting of members shall be held within one (1) year from the date of incorporation of the Association or not later than thirty (30) days after one hundred percent (100%) of the Lots have been sold, whichever first occurs. Subsequent annual meetings of members shall be held on the same day of the same month of each year thereafter. If the day for the annual meeting of members is a legal holiday, the meeting ,will be held on the next following day which is not a legal holiday. Section 2. Special Meetin9s. Special meeting of members may be called at any time by the president or by the Board of Directors, or on written request of members who are entitled to vote one-fourth (1/4) of all the votes of the Class A membership. Section 3. Notice of Meetings. Written notice of each meeting of members shall be given by, or at the direction of, the secretary or other person authorized to call the meeting by mailing a copy of such notice, postage prepaid, at least ten (10), but not more than fifty (50), -3- e ,',f' r_ I 5 1 8 :." r;:: I , _.'~_ . , I 056 SE. ,~i":~/LE co. FL. days before such meeting to each member entitled to 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 receiving notice. Such notice shall specify the day, hour and place of the meeting, and in the case of a special meeting, the purpose of the meeting. Section 4. Ouorum. The presence at the meeting, in person or by proxy, of members entitled to cast one-tenth (1/10) of the votes of each class of the membership shall constitute a quorum for authorization of any action, except as may otherwise be provided in the Declaration, the Articles of Incorporation, or these By-Laws. If a quorum is not 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 is present or 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. Proxies shall be revocable, and the proxy of any Owner shall automatically terminate on conveyance by him of his Lot. -4- e e.;!~~C:!- ,~:"~; s r .~~~,~,,... ," I ; ,.';1_ 1518 1057 . . S:>'::CLE co. FL. ARTICLE IV BOARD OF DIRECTORS - TERM OF OFFICE: FIRST ELECTION: REMOVAL Section 1. Number. The affairs of the Association shall be managed by a board of three (3) directors who shall be members of the Association. Section 2. Term of Office. At the first annual meeting, the members shall elect one (1) director for a term of one (1) year, one (1) director for a term of two (2) years, and one (1) director for a term of three (3) years; at each annual meeting thereafter, the members shall elect one (1) director 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. -5- , .' e eC~::=":- ~-"_: ;':;'.c-: . . , 5 I 8 1058 S'," co. FL. 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. ARTICLE V BOARD OF DIRECTORS - NOMINATION AND ELECTION Section 1. Nomination. Nomination for election to the Board of Directors shall be by nominating committee. However, nominations may also be made from the floor at any annual meeting of members. The nominating committee shall consist of a chairman who shall be a member of 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 to serve from the close of such meeting until the close of the next 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 in no event shall it nominate less than the number of/vacancies to be filled. Such nominations may be made from among members or non-members. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such -6- . " e -'" I 5 I 8 I 0 5 9 I r, = . . C' :, :JLE co. FL. election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. Persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI BOARD OF DIRECTORS - MEETINGS Section 1. Re9ular Meetin9s. 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. In the event the regular date for a meeting falls on a legal holiday, such meeting shall be held at the same time on the next following day which is not a legal hOliday. Section 2. Special Meetin9s. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days' notice to each director. Section 3. Ouorum. A majority of the directors shall constitute a quorum for the transaction of business. Every act performed or decision made by a majority of directors present at a duly held meeting in which a quorum is present shall constitute the act or decision of the board. -7- '" e a ;"'::';,'~ .,28L:o,. . . 1518 106 0 SEi,:;:JLE co. FL. ARTICLE VII BOARD OF DIRECTORS - POWERS AND DUTIES Section 1. Powers. The Board of Directors shall have power to: (a) Adopt and publish rules and regulations governing the use of the common area and recreational 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 recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment 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 By-Laws, 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 -8- . 0 \ e a,,;'~'C "- c_~-:-:~o "C .!~.,. .i'.....;_ I 5 I 8 I 0 6 I I , Sl~;::;;::LE co. FL. 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. It shall be the duty of the Board of Directors to: (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 (1/4) of the members who are entitled to vote. (b) Supervise all officers, agents and employees of the Association, and to see that their duties are properly performed; (c) As more fully provided in the Declaration to: (1) Fix the amount of annual assessment against each Member at least thirty (30) days in advance of each annual assessment period which annual assessment may be increased or decreased during each year provided that the total annual assessment per Member for each year shall not exceed the maximum annual assessment then in effect; (2) Send written notice of each assessment and adjustment thereto to every Member subject thereto at least -9- . ., e I r - ~. ;: \ ." ':' '~, I 5 I 8 ; .....~ i .,... ~~ I . .. ) I 062 S::::::. :Jl..E CG. F l. thirty (30) days in advance of each annual assessment period and the effective date of each adjustment, provided, that failure to timely send said notification shall not invalidate any such annual assessment or adjustment thereto; and (3) Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to 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 certificate 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; and (g) Cause the Common Area to be maintained. Section 3. Liability. The Board of Directors shall not be liable or responsible for the destruction of, loss of, or damage to the property of any member or the guest of any member, or visitor, or other persons. -10- I , , e _. "~~o:,: C ; .v. -....... n I 5 I 8 I 063 c. . r_r- r .,:=. , . .. , SE!::;;CU:: co. FL. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of the Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, and secretary, 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 members. Section 3. Term. The officers of the Association shall be elected annually by the Board. Each shall hold office for a term of one (I) 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 in 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 by the Board at any time with or without cause. Any officer may resign at any time by giving written notice to the Board, the president, or the -11- , . e ...... '''. ~ '., '! '" ~. - - I 5 I 8 r .... 'I~ , , I T " , I 0 6 l~ SU;;::-~l..E co. FL. secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment of the Board. The officer appointed to such vacancy shall serve for the unexpired term of the officer he replaces. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No petson shall simultaneously 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 instruments; and shall cosign all checks and'promissory notes. (b) Vice-President. The vice-president shall act in the place of the president in the event of his absence, inability or refusal to act, and shall exercise and -12- , . . e r ,,;,,:."~,:_=. c ;'~, (',:" \"!","J,~.\ .. ' tl.__ I . . , , 1518 I 065 S::.t.::::JLE co. FL. 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 to all papers so requiring; serve notice of meetings of the Board and of members; keep appropriate current records showing the members of the Association together with their addresses; and perform such other duties as may be required by the Board or by law. (d) Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all funds 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; shall keep proper books of account; shall cause an annual audit of the Association books to be made by a certified public accountant at the completion of each fiscal year; and shall prepare an annual budget and statement of income and expenditures, a copy of which documents shall be delivered to each member, and a report on)which shall be given at the regular annual meeting of members. -13- I, l! ! .! !"~ '.:.r .,L_ 1 066 e I , . , , 1 5 I 8 S:::::, co. fL. ARTICLE IX COMMITTEES Section 1. Committees. The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directos shall appoint other committees as deemed appropriate in carrying out its purpose. ARTICLE X ASSESSMENTS Section 1. Assessments. As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessment which 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 permitted 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 of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. -14- II ., " .;:~:'2,.,., r Ii . - . i...'',.,) /5/8 't "(' e ',' rc: I ,_' ,_ / 067 SE::;;:~:~E co. Fl. ARTICLE XI BOOKS AND RECORDS: INSPECTION Section 1.. The books, records, and papers of the Association shall be subject to inspection by any member during ordinary business hours. The Declaration, Articles of Incorporation, and By-Laws 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 price. ARTICLE XII CORPORATE SEAL Section 1. Corporate Seal. The Association shall have a seal in circular form having within its circumference the words: PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC. ARTICLE XIII FISCAL YEAR section 1. Fiscal Year. The fiscal year of the Association shall be at the calendar year, except that the first fiscal period shall begin on the date of incorporation and shall end on December 31st of the year of incorporation. ARTICLE ,XIV NOTICE Section 1. Notice. Whenever according to these By-Laws, or the Declaration of Covenants, Conditions and Restrictions, a notice shall be required to be given to any -15- II .. ... sej':.:.: I 5 I 8 "1 ! ; , e 1068 S::::::U.E co. FL. member or director, it shall not be construed to mean personal notice, but such notice may be given in writing by depositing the same in a post office in Orange County, Florida, in a postpaid, sealed wrapper, addressed to such member at his address as the same appears on the books of the corporation, and at the time when such notice is mailed shall be deemed the time of the giving of such notice. Section 2. Waiver of Notice. Any notice required to be given by these By-Laws may be waived by the person entitled thereto. ARTICLE XV AMENDMENTS Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy. ARTICLE XVI CONFLICTS Section 1. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case oj any conflict between the Declaration and these By-Laws, the Declaration shall control. -16- . ~ \ 0') CX> 00 <:) e i' ~ r~ : '"', ',1 ~_" .... L:,,, "._.... nO[~~, . I 0 6 9 fI . I .. 1518 S[:<;::~;LE co. FL. I, James A. Weinberg, Secretary of PINEWOOD TERRACE HOMEOWNERS' ASSOCIATION, INC., a Florida Nonprofit Corporation, do hereby certify that at a meeting of the Board of Directors of said Corporation, duly called and held on the I day of ~..k~_. , 1983, at which meeting the necessary quorum of the members of the Board of Directors were present and acting throughout, said Directors duly and regularly and unamimously adopted the attached By-Laws, that said By-Laws constitute the whole of the By-Laws adopted; and that said By-Laws have not been modified, amended or rescinded and are on this day in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of PINEWOOD TERRACE HOMEOWNERS' ~ ASSOCIATION, INC., a Florida corporation, this ~ day of ~) ./ , 1983. :1.' t::..J _ ;:, l.L ~ 0>- 0:; o~ w ~z > _~J ::l......, cd 0"'. o '0::. ~ ~ ;:::;:': ~ ~ :..:" ~\~ fS~; c:: -A u....! Uti) -::r c::c - :::l: c:z:: 00 ~ c:;::":1 G:z' G<~"o~ . ,1A/l ~ - .- /~ \ I ' . '", Secretary , C'::> ~ = "~i -:. CHRISTEN HOMES, INC., By: c;::::~ Presi ent " Ht'"" , _., ,I"t, I-~.. " y' " . 'J " .~. <0 " : ..... " "?- . () ~ :.~' .!? Jat~ :I? !d~4J M .hr:l --.' /)/1/'1/1 L "),,.//1 //.1.- ~ . ;> ) / /) (fl/--uyf/~'-J / 7?7 ~1~ f...w,/ o " A: " . ~:: , : \-'~ v <-__J . ': '-'- . 0<0. ~ , r_ ') ': '., """'" .'" . ':' ('" // .,.... '\ ) "'" S '{ fl. \,. J'I -, -17- f'lIt',\\""