HomeMy WebLinkAboutPiper's Duplex Homes-Declaration fo Covenants & Restrictions
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'FFlCIAL FlECOHD
SEMINOLE GO. FLA.
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR PIPER'S RIDGE DUPLEX HOMES
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR PIPER'S RIDGE DUPLEX HOMES (hereinafter referred to as the
"Declaration") made this 1;2~ day of May, 1980, by FLORIDA
LAND COMPANY, a Florida corporation (hereinafter referred to as
the "Developer");
WIT N E SSE T H:
WHEREAS, the Developer is the fee simple owner of Lots 25,
26, and 28 through 40, inclusive, of The Highlands Section 6
according to the Plat thereof as recorded in Plat Book 22,
Pages 18 and 19, Public Records of Seminole County, Florida
(hereinafter referred to as the "Property"); and
WHEREAS, the Property has been replatted so as to permit
the development of Duplex Homes thereon by virtue of that
certain ~:dd~L.j'!.rh~{~;p~~~dJ4J
according to the Plat thereof as recorded in Plat Book
___4!f____
Page -1_~___, Public Records, Seminole County,
Florida; and
WHEREAS, the Developer desires to impose upon the Property
certain covenants, conditions and restrictions affecting the
use thereof as more particularly set forth hereinafter; and
WHEREAS, the Property is subject to that certain
Declaration of Covenants, Conditions and Restrictions recorded
February 20, 1973 in Official Records Book 969, Page 734, as
amended by that certain Amendment recorded March 3, 1976 in
Official Records Book 1084, Page 1166, and that certain
Amendment recorded February 8, 1977 in Official Records Book
1111, Page 1650, all in the Public Records of Seminole County,
Florida (all of which are hereinafter referred to as the
"Original Restrictive Covenants"); and
WHEREAS, the covenants, conditions and restrictions
imposed hereby conform to the general purposes and standards of
the Original Restrictive Covenants and do not diminish or
ATTORNEYS AT LAW
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. LOWNDES, DROSDICK & DOSTER
PROFESSIONAL ASSOCIATION
ORLANDO, FLORIDA 32802
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SOOK _
eFFlelAt HE COHO
SEMINOLE CO. FLA.
dilute the rights of members of the Highlands Homeowners
Association;
NOW THEREFORE, the Developer hereby declares as follows:
ARTICLE I
EFFECT OF DECLARATION
Section 1.
Effect of this Declaration. This Declaration
shall impose upon the Property and the Property 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 Property and shall bind all parties having
any right, title or interest in the Property or any part
thereof, their heirs, successors, and assigns and shall inure
to the benefit of each Owner thereof.
Section 2.
Effect of Original Restrictive Covenants. The
covenants, conditions and restrictions imposed hereby shall be
in addition to and shall not supplant the Original Restrictive
Covenants which shall remain in full force and effect except as
specifically set forth hereafter.
ARTICLE II
DEFINITIONS
Section 1.
"Lot" shall mean and refer to any plot of land
shown upon the plat of the Property with the exception of any
common area, street, roadway, driveway, or parking area. Each
Lot shall be susceptible to ownership in fee simple.
Section 2.
"Dwelling Unit" shall mean and refer to a Lot
as defined herein with a Duplex Home constructed thereon as
defined hereinafter as to which Duplex Home a certificate of
occupancy is issued by the applicable governmental authorities.
A Dwelling Unit shall constitute one side of a Duplex Home;
that is, two attached Dwelling units shall constitute one
Duplex Home.
Section 3.
"Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee simple
title to any Lot or Dwelling unit which is part of the
2
ATTORNEYS AT LAW
LOWNDES. DROSDICK & DOSTER
PROFESSIONAL ASSOCIATION
ORLANDO, FLORIDA 32802
.
.
12811328
800K t.
IFFICIAt HECOHD
SEMINOLE CO. LA.
Property, including contract sellers, but excluding those
having such interests merely as security for the performance of
an obligation.
Section 4.
"Duplex Home" shall mean and refer to a
building situated on two adjoining Lots designed and intended
for use and occupancy as a residence by two single families. A
Duplex Home shall be composed of two attached Dwelling Units as
hereinabove defined with a party wall between them.
ARTICLE III
PARTY WALLS
Section 1.
Maintenance Obligation. All party walls shall
be maintained by the Owners of those Dwelling Units adjoining a
party wall which such Dwelling Units constitute one Duplex
Home.
All costs of maintenance and repair, as well as the cost
of reconstruction in the event a party wall is damaged or
destroyed shall be borne equally by the Owners of the Dwelling
Units constituting a Duplex Home. In the event that one Owner
bears the entire expense for maintenance, repair, or
reconstruction, then in such event the Owner of the adjoining
Dwelling Unit shall pay the Owner who undertook such expense
one-half of the expense incurred in such efforts.
Section 2.
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Either
adjoining Owner of a Dwelling Unit constituting a Duplex Home
shall have the right to enter on the other adjoining Lot for
the purpose of repair, maintenance, and reconstruction. Each
adjoining Owner of a Dwelling Unit constituting a Duplex Home
shall have the equal right to use a party wall for the support
of structural members of a Dwelling Unit constituting one-half
of a Duplex Home.
Each party wall shall be subject to an
easement of support for attached Dwelling Units constituting a
Duplex Home subject to payment of costs as provided above and
shall be subject to an easement for conduits, common ducts,
plumbing, wiring and other facilities for the furnishing of
utility services to the attached Dwelling Units constituting a
3
ATTORNEYS AT LAW
LOWNDES, DROSDICK & DOSTER
PROFESSIONAL ASSOCIATION
ORLANDO, FLORIDA 32802
.
.
i 281
328
iOOK
.FfICIAL anD
SEMINOLE GO, i'LA.,
Duplex Home.
Section 3.
Arbitration. In the event that the Owners of
a single Duplex Home disagree as to the need for, type, or
quality of the maintenance, repair or reconstruction of a party
wall, said Owners shall submit the matter to arbitration. Each
Owner shall choose one arbitrator and the two arbitrators shall
choose one additional arbitrator and the decision of the
majority of all three arbitrators shall be final and conclusive
of the matter in dispute.
The arbitrators must be registered
and licensed in the State of Florida as architects, engineers,
real property appraisers or general contractors. The cost of
the arbitration proceeding shall be borne equally by both such
Owners.
Section 4.
~!~Q!!!!y fo~ Damag~.
If an Owner or his
agents, guests, invitees, or others whose presence is
authorized by an Owner, including an Owner's tenant, damages a
party wall or causes damage to the personal property of an
adjoining Owner or tenant as a result of damage to a party
wall, then said Owner shall be totally liable and responsible
to the adjoining Owner for all such damages to the party wall
and shall be responsible for repairing such damage in full. In
the event that an Owner fails to meet his obligation hereunder,
the other Owner of the Duplex Home shall have the right to make
the necessary repairs and shall have a cause of action against
the Owner responsible for such damage.
All costs of such
litigation including attorneys' fees on all trial and appellate
levels shall be awarded to the prevailing party in such
litigation.
Section 5. Efiect Up~~ Origin~! Restrictive Covenants.
This provision shall govern as it relates to the provisions of
Article IX of the Original Restrictive Covenants, but only to
the extent that such provision relates to the Property.
4
ATTORNEYS AT LAW
LOWNDES, DROSDICK & DOSTER
PROFESSIONAL ASSOCIATION
ORLANDO, FLORIDA 32802
.
.
I 2 8 .1
330
600K
.HJeIM
SEMiNOLE GO. FLk
ARTICLE IV
EXTERIOR MAINTENANCE
Section 1.
Ma!n~~~~~~~ Q~!!~~~!~~.
Such exterior
maintenance of a Duplex Home relating to repairs to common
driveways and sidewalks, and to exterior walls and roofs and
the painting or staining of the exterior walls when such
painting or staining is necessitated by ordinary wear and tear,
shall be the borne equally by the Owners of a Duplex Home.
Each of the said Owners shall have a right of contribution as
against the other Owner of a Duplex Home for any costs or
expenses incurred in connection with the cost of maintenance,
repair or reconstruction. Each Owner shall otherwise maintain
the exterior walls of his own Dwelling unit as well as the lawn
and shrubs on each Owner's Lot.
Section 2.
Right of ~ccess.
Each Lot Owner shall have
the right to enter upon the adjoining Lot constituting a Duplex
Home for the purpose of providing necessary repairs and
maintenance, and any such entrance by said Owner or his agent
shall not be deemed a trespass.
Section 3.
Arbitration. In the event that the Owners of
a Duplex Home disagree as to the need for, type, or quality of
such maintenance, repair or reconstruction, said Owners shall
submit the matter to arbitration. Each Owner shall choose one
arbitrator and the two arbitrators shall choose one additional
arbitrator and the decision of the majority of all three
arbitrators shall be final and conclusive of the matter in
dispute.
The arbitrators must be registered and licensed in
the State of Florida as architects, engineers, real property
appraisers, or general contractors.
The cost of the
arbitration proceeding shall be borne equally by both Owners.
Section 4.
~!a~i!ity .for Dam~ge.
If an Owner or his
agents, guests, invitees, or others whose presence is
~{!
authorized by an Owner, including an o~er's tenant, causes
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damage to those areas to be maintained as set forth in Section
5
ATTORNEYS AT LAW
LOWNDES, DROSDICK & DOSTER
PROFESSIONAL ASSOCIATION
ORLANDO, FLORIDA 32802
. .
.
.
i2811331
'~fl~IAL :~ECOnO
SEMINOLE CO. FLA,
1 of this Article IV, then said Owner shall be totally liable
and responsible to the other Owner of the Duplex Home for all
such damages and shall be responsible for repairing such damage
in full.
In the event that an Owner fails to meet his
obligation hereunder, the other Owner of the Duplex Home shall
have the right to make the necessary repairs and shall have a
cause of action against the Owner responsible for such damage.
All costs of such litigation including attorneys' fees on all
trial and appellate levels shall be awarded to the prevailing
party in such litigation.
Section 5.
Eff~ct Qpon Original Restrictive Covenants.
This provision shall be in addition to and shall not supersede
the provisions of Article VIII of the Original Restrictive
Covenants.
ARTICLE V
GENERAL PROVISIONS
Section 1.
Enforce~ent. The Developer or any Owner shall
have the right to enforce, by any proceeding at law or equity,
all restrictions, conditions, covenants, reservations, liens or
charges now or hereafter imposed by the provisions of this
Declaration.
Failure of any of the aforesaid to enforce any
covenants or restrictions herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Section 2.
S~~~r~e.ilitY...
Invalidation of anyone of
these covenants or restrictions by judgement and court order
shall in no wise affect any of the other provisions which shall
remain in full force and effect.
Section 3.
Term of Restriction.
The restrictions and
burdens imposed by the provisions of this Declaration shall
constitute covenants running with the land, and shall
constitute an equitable servitude upon the Owner of each Lot or
Dwelling Unit and upon the heirs, personal representatives,
successors and assigns of each Owner.
The term of these
restrictions shall in all events be consistent with the term of
6
ATTORNEYS AT LAW
LOWNDES. DROSDICK & DOSTER
PROFESSIONAL ASSOCIATION
ORLANDO, FLORIDA 32802
.
. . ,
.
.
;2811332
&OO~ -
.FFICIAi n{COHD
SE~INOLE co, FLA,
the Original Restrictive Covenants as set forth in Section 11.1
thereof.
Section 4.
Amendment.
The Developer hereby reserves the
right to amend, modify, or rescind such parts of this
Declaration as it in its sole discretion deems necessary or
desirable so long as the Developer is the owner of a Lot or
Dwelling Unit in the Property.
At such time as the Developer
does not own a Lot or Dwelling Unit in the Property, this
Declaration may be amended by a vote of eighty percent (80%) of
those owning Lots in the Property.
Any amendment hereto
conforming with the provisions hereof shall be recorded among
the public records of Seminole County, Florida.
IN WITNESS WHEREOF, the Developer has hereunto caused
this Declaration to be executed by its duly authorized officers
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in a manner and form sufficient to bind it on the day'~'an'd ~e'a-r
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first above written.
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Signed sealed and delivered
in the presence of:
FLORIDA LAND COMPANY
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STATE OF FLORIDA
COUNTY OF ORANGE
+ j The foregoing instrument was acknowledged before me this
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corporation, on behalf of the corporation.
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Notary Pub1ic
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Notary Public, State of Florida at Large
My Commission Expires Sept. 27, 1983
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ATTORNEYS AT LAW
LOWNDES, DROSDICK & DOSTER
PROFESSIONAL ASSOCIATION
ORLANDO, FLORIDA 32802