HomeMy WebLinkAboutThe Oaks at Winter Springs
f
~'y
r ()\::)
'(t)O
"
"..
..-
~
~/
5
t
~
~
4-
-,
=t ~.
~~-
?
t
t
SPACE RESERVED FOR RECORDING
DECLARATION OF
RECEIVED COVENANTS, CONDITIONS AND RESTRICTIONS
APR I.. 1998
CITY OF WINTER SPRINGS
PlJl"g!N~ ~"f"'O'!"T~!lIt'li
M'R' V~S~
WlNTEP,,$RR.lHG8
S\rv~"~G D€p~iMEI'4i'
eUIL:v,"
fLI1T 8C>UKS]'- p6.3G
~E-r154eK.S'
r,R-o -1/ r =- ?c:> Pr=
~4-t2.. - I 0 F-r-.
91 ()~
( gfD~~~f(
'5 F"T.
1~F7:
l'l
~)
,~,
TIt6 t)/TKS
-..
00
f'-...)
..;:-
c::.>
c.fl
f"'1
~
~
o
r-
~
("')
o
V)'
.~
....0
N
CXlC
O'
o
~
o
UJ
cJ1
n
V)("-
I"'" :J:
"Y':U
~~.~
Zo::V
O.~-<
; ..~
!rj n :z
nx:Z
o21rtl
.::: c: ~
2:=:::40
-4 ~.1J
-< 0 u>
:yt 0 P1
r-. c::
;;U
--1
u; ::e
CD rtl
CD n
::II: 0
:Ill'" :;0
:::0 0
rtl
N 0
s::- R'O
:J> <:
:c ~
- ~
- .."
C) rT1
0'\ 0
t
.
.
SPACE RESERVED FOR RECORDING
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE OAKS AT WINTER SPRINGS
Tms DECLARATION is made on the date hereinafter set forth by L & S DEVELOPMENTS,
INC., a Florida corporation (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the County of Seminole, State of
Florida, which is more particularly described in Exhibit" A" annexed hereto; and
WHEREAS, Declarant, as the owner in fee of all of those lands described in Exhibit "A",
desires to impose this Declaration of Covenants, Conditions and Restrictions upon the lands
described in Exhibit "A."
Now, THEREFORE, Declarant hereby declares that all of the properties described in
Exhibit "A" annexed hereto 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 properties or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
ARTICLE 1
DEFINITIONS
1.1 "Association" shall mean and refer to The Oaks at Winter Springs Homeowners'
Association, Inc., a Florida corporation not for profit, its successors and assigns.
1.2 "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a 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.
F:\USER\GINGER\L&S\OAKS\DCR
[ 4823-1] 980129 (14:17:22)
2
w
w CUo
Cf) 0.""11
f""t \.D 0'T1
~ N ~c:;
% >
<::)
r- r
~ :::0
(") i"Tl
<::) 0 {'"')
-00
-r, >::0
r- \.0 CJ (..J
r1'1(f';
0"\
e
.
SPACE RESERVED FOR RECORDING
1.3 "Properties" shall mean and refer to that certain real property hereinbefore described, c...J
and such additions thereto as may hereafter be brought within the jurisdiction of the AssociatioJU> VJ
r1\.D
1.4 "Common Area" shall mean and refer to all real property (including ~ N
improvements thereto) owned by the Association for the common use and enjoyment of the Owne~
which includes Tracts A, B, C and D. ("') 0
o
1.5 "Lot" shall mean and refer to any plot ofland shown upon any recorded subdivision~
map of the Properties, with the exception of the Common Area.
1.6 "Declarant" shall mean and refer to L & S Developments, Inc., a Florida corporation,
its successors and assigns, if such successors or assigns should acquire more than one (I)
undeveloped Lot from the Declaration for the purpose of development.
1.7 "Surface Water" or "Stormwater Management System" means a system which
is designed and constructed or implemented to control discharges which are necessitated by rainfall
events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to
prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or
otherwise affect the quantity and quality of discharges.
ARTICLE 2
PROPERTY RIGHTS
2.1 Owners' 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, subject to the following provisions:
2.1.1 the right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common Area;
2.1.2 the right of the Association to suspend the right to use of the Common Area
and facilities by an Owner, the Owner's tenants, guests or invitees, for any assessment against his
or her Lot that remains unpaid and for a reasonable period of time;
2.1.3 the right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility, for such purposes and subject to such
conditions as may be agreed to by the members. No such dedication or transfer shall be effective
F:IUSERIGINGER\L&SIOAKSIDCR
[ 4823-1] 980129 (14:17:22)
3
cuo
0'''''
0'''''''
~o
-
~
r-
:x
rr
C"
-r; -:
- ::;:;0-:::
.,.,. C'> (
..... :....'j(
....J
e
e
SPACE RESERVED FOR RECORDING
unless an instrument agreeing to such dedication or transfer signed by two-thirds (0/3) of each clas~
of members has been recorded, and unless said dedication has been accepted by such agency~
authority or entity. 5
r-
~
2.2 Delegation of Use. Any Owner may delegate, in accordance with the bylaws, his org
her right of enjoyment to the Common Area and facilities to a member of his or her family, tenants ~
or contract purchasers who reside on the property. r-
C,..)
C,..)
\.0
N
me:
0'"
0""Y
~c:
J
r"
-
.
C)
\.0
CD
(
-0:
J;:>o"
C')
rn
-
2.3 IngresslEgress. In the event ingress and egress to any Lot is through the Common
Area, any conveyance or encumbrance of the Common Area is subject to the Lot Owners' easements
of enjoyment, ingress and egress.
2.4 Maintenance of Surface Water Management System. The Association shall be
responsible for the maintenance, operation and repair of the surface water or stormwater
management system. Maintenance of the surface water or stormwater management system (s) shall
mean the exercise of practices which allow the systems to provide drainage, water storage,
conveyance or other surface water or stormwater management capabilities as permitted by the St.
Johns River Water Management District. Any repair or reconstruction of the surface water or
stormwater management system shall be as permitted or, if modified, as approved by the St. Johns
River Water Management District and by the City of Winter Springs, Florida.
2.5 Easement for Access and Drainage. The Association shall have a perpetual
nonexclusive easement over all areas of the surface water or stormwater management system for
access to operate, maintain or repair the system. By this easement, the Association shall have the
right to enter upon any portion of any lot which is a part of the surface water or stormwater
management system, at a reasonable time and in a reasonable manner, to operate, maintain or repair
the surface water or stormwater management system as required by the St. Johns River Water
Management District permit. Additionally, the Association shall have a perpetual nonexclusive
easement for drainage over the entire surface water or stormwater management system. No person
shall alter the drainage flow of the surface water or stormwater management system, including buffer
areas or swales, without the prior written approval of the St. Johns River Water Management District
and the City of Winter Springs, Florida.
2.6 Conservation Areas. Development rights to Tracts B and D have been dedicated
to St. Johns River Water Management District. No construction, clearing, grading or alteration or
Tracts Band D is permitted without prior approval of St. Johns River Water Management District
and/or any other state or local governmental agency having jurisdiction over the conservation areas.
F:IUSERIGINGER\L&SIOAKSIDCR
[ 4823.1 ) 980129 (14:17:22)
4
e
e
(~
Ole
,^ W 0'"
rn U) 0'"
~ N :;s;c
:%. ..
o
r-
~
3.1 Membership. Every Owner of a Lot upon which permanent improvements have? ~ ;?;
been constructed shall be a member of the Association. Membership shall be appurtenant and may ~ \D ~.
not be separated from ownership of any Lot which is subject to assessment. u:J
SPACE RESERVED FOR RECORDING
ARTICLE 3
MEMBERSHIP AND VOTING RIGHTS
3.2 Voting Rights. The Association shall have two (2) classes of voting membership:
3.2.1 Class A. Class A members shall be all Owners, with the exception of the
Declarant, and shall be entitled to one (1) vote for each improved Lot owned by them. When more
than one (1) 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 (I) vote be cast
with respect to any Lot.
3.2.2 Class B. Class B members shall be the Declarant and shall be entitled to
five (5) votes for each improved Lot owned by said Declarant. Class B membership shall cease and
be converted to Class A membership upon the happening of either of the following events,
whichever occurs earliest:
3.2.2.1
conveyed to members; or
three (3) months after ninety percent (90%) of the Lots have been
3.2.2.2
July 31, 200 I; or
3.2.2.3
if the Declarant, at its option, desires to turn over control of the
Association.
3.3 Conveyance of Common Area. A two-thirds (%) vote of the Lot Owners is required
in order to encumber or convey the Common Areas, and any such encumbrance or conveyance shall
be subject to any easement or use rights of record.
ARTICLE 4
COVENANT FOR MAINTENANCE ASSESSMENTS
4.1 Creation ofthe Lien and Personal Obligation of Assessments. Declarant, upon
the conversion of its Class B membership in the Association to Class A membership, and each Class
F:IUSERIGINGERIL&S\OAKSIDCR
[ 4823-1] 980129 (14: 17:22)
5
e
e
SPACE RESERVED FOR RECORDING
A member of the Association other than the Declarant, by acceptance of a deed for an improved Lot
within the Properties, whether or not it shall be so expressed in such deed, is deemed to covenant and
agrees to pay to the Association: (1) annual assessments or charges, and (2) special assessments for
capital improvements, such assessments to be established and collected as hereinafter provided. The W
annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be> W
a charge on the land and shall be a continuing lien upon the property against which each suc~ ~
assessment is made. Each such assessment, together with interest, costs and reasonable attomey~
fees, shall also be the personal obligation of the person who was the Owner of such property at tht$;
time when the assessment fell due. The personal obligation for delinquent assessments shall not pasS(") 0
to his or her successors in title unless expressly assumed by them. Notwithstanding anything herein? N
..,.,
contained to the contrary, no annual assessments or special assessments shall be levied upon any Lot r.--- Q
within the Properties that has not been improved. A Lot shall be deemed improved and thereafter 0
subject to the payment of such assessments at such time as: (a) the construction of permanent
improvements upon that Lot has been completed, and (b) a certificate of occupancy as to such
improvements has been issued by local governmental authority.
0.10
0'"
0'"
~E
-
l=-
r-
';:t
r:
('
"""':1C
-y.:
(;)(
r"T1-(
4.2 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, party walls, roofing and exterior
of the townhouse homes situated upon the Properties.
4.3 Maximum Annual Assessment. Until July 1 of the year immediately following the
conveyance of the first Lot to an Owner,. the maximum annual assessment shall be One Hundred
Fifty and no/1 00 Dollars ($150.00) per Lot.
4.3.1 From and after July 1 of the year immediately following the conveyance of
the first Lot to an Owner, the maximum annual assessment may be increased each year, without a
vote of the membership, no more than twenty percent (20%) above the maximum assessment for the
preVIOUS year.
4.3.2 From and after January 1 of the year, immediately following the conveyance
of the first Lot to an Owner, the maximum annual assessment may be increased above twenty
percent (20%) by a majority vote of members who are voting in person or by proxy, at a meeting
duly called for this purpose.
4.3.3 The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
F:\USER\GINGER\L&S\OAKS\DCR
[ 4823-1] 980129 (14: 17:22)
6
e
e
w
cfluJ
fTlUJ
4.4 Special Assessments for Capital Improvements. In addition to the annui N
assessments authorized above, the Association may levy, in any assessment year, a speci~
assessment applicable to that year only for the purpose of defraying, in whole or in part, the costb
of any construction, reconstruction, repair or replacement of a capital improvement upon the?
Common Area, including fixtures and personal property related thereto, provided that any such ~
assessment shall have the assent of two-thirds (%) of the Board of Directors.
o
N
o
0'0
0"""
0"""
~c:5
-
:P
r
;t:
rT
c
-0':
-po:
C)t
r'f"\~
SPACE RESERVED FOR RECORDING
-
4.5 Assessments Deposited to Escrow. Upon the transfer of each Lot by Declarant to
a Lot Owner, the Lot Owner shall pay an additional assessment of One Hundred Fifty and nolI 00
Dollars ($150.00), which assessment will be retained by Declarant in a separate escrow account at
interest and delivered to the Association simultaneously with the transfer of control of the
Association.
4.6 Notice and Quorum for Any Action Authorized Under Section 4.3. Written
notice of any meeting called for the purpose of taking any action authorized under Section 4.3 shall
be sent to all members not less than thirty (30) days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled to cast thirty percent (30%) of all the
votes of each class of membership shall constitute a quorum.
4.7 Uniform Rate of Assessment. Both annual and special assessments must be fixed
at a uniform rate for all Lots and may be collected on a monthly basis.
4.8 Date of Commencement of Annual Assessments; Due Date. The annual
assessments provided for herein shall commence as to any Lot upon which an assessment may be
payable on the first (1st) day of the month following the conveyance of that Lot by the Declarant to
the purchaser thereof. The first (1st) 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 date
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 specified 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.
4.9 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 rate of eighteen percent (18%) per annum. The Association may bring an action at law against
F:IUSERIGINGERIL&SIOAKSIDCR
[ 4823-1] 980129 (14:17:22)
7
e
e
SPACE RESERVED FOR RECORDING
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 or her Lot. 3
%
o
4.10 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 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
any assessments thereafter becoming due or from the lien thereof.
w
W 0'1
o
\..0 0
N:X
o
N ~
o c
r
N
ARTICLE 5
ARCHITECTURAL CONTROL
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 Committee composed of three (3) or more representatives appointed by the
Board. In the event said Board, or its desigJ;lated 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.
ARTICLE 6
EXTERIOR MAINTENANCE
The premises and the exterior maintenance of the improvements of each Lot which is subject
to assessment hereunder shall be provided by the Owner of said Lot. The above-stated maintenance
shall not be provided by the Association unless the hereunder stated conditions exist.
In the event that the need for maintenance or repair of a Lot or the improvements thereon is
caused through the willful or negligent acts of its Owner, or through the willful or negligent acts of
the family, guests or invitees of the Owner of the Lot needing such maintenance or repair, the cost
of such exterior maintenance shall be added to and become part of the assessment to which such Lot
is subject.
F:IUSERIGINGER\L&SIOAKSIDCR
[ 4823.J] 980129 (14:17:22)
8
e
e
SPACE RESERVED FOR RECORDING
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 (%) vote of the Board of Directors, shall have the right, through its ~
agents and employees, to enter upon said parcel and to repair, maintain and restore the Lot and <<ie \.0
exterior of the building and any other improvements erected thereon. The cost of such exterj N
maintenance shall be added to and become part of the assessment to which such Lot is subject. ~
~
(":) 0
o
N
~O
V3
ARTICLE 7
GENERAL RESTRICTIONS
010
0'"
a'"
:;,;-
n
-
~
\
:;0
fT'1
C")
-o~
J;>'?:l
C')c
t." U'"
7.1 Use Restrictions. No Lot shall be used except for residential purposes. No structures
shall be erected, altered, placed or permitted to remain on any residential Lot within the Properties
other than one (1) single-family dwelling and accessory building, and structures such as swimming
pools, screened enclosures and patios.
All parts of every Lot shall be kept in a clean and sanitary condition, and no rubbish,
refuse or garbage shall be allowed to accumulate nor any fire hazard allowed to exist. No
mechanical work shall be performed on any Lot or on the Common Area on any vehicle, engine or
motor except for emergency repairs. No vehicle, including any boat, trailer or camper, other than
a noncommercial passenger vehicle, may be parked overnight on any Lot or on the Common Area,
except in such an area as may be specifically designated and set aside for such purpose. No "garage
sale" or any other kind of sale may be conducted on or from any Lot or the Common Area without
prior approval from the Board of Directors.
7.2 Temporary Structures. No structure of a temporary character, including a trailer,
basement, tent, shack, garage, barn or other building, shall be placed upon the Properties at any time;
provided, however, that this prohibition shall not apply to shelters used by the contractor or
Declarant during the construction period, it being clearly understood that these latter temporary
shelters may not, at any time, be used as residences or permitted to remain on the said Properties
after completion of construction.
7.3 Animals. No animals, fowl or reptiles shall be kept on Lots or in structures on Lots
except for caged birds kept as pets and domestic dogs and cats, which shall be limited to two (2) in
number per Lot; provided that such dogs and cats shall not be allowed off the premises of Owner's
site except on a leash. In no event shall such pets be kept, bred or maintained for any commercial
purposes.
F:IUSERIGINGER\L&SIOAKSIDCR
[ 4823-1] 980129 (14:17:22)
9
e
e
SPACE RESERVED FOR RECORDING
W
t..J cue
0"
\..0 0'"
N ~c
:1
r
C) "'t)
N J>
C) C')
rr
:-
rY'\
:x
%
7.4 Signs. No sign of any kind shall be displayed to the public view on any Lot except~
one (1) Owner's identification sign of not more than two (2) square feet. No commercial flags, ~
pennants or other such devises shall be allowed without the consent of the Board of Directors or the ?
Architectural Control Committee; provided, however, that this restriction shall not be applicable to ~
the Declarant or its successors or assigns.
7.5 Antennas; Satellite Receivers. There shall not be permitted to exist anywhere on
the Properties any outside antennas or other devices for the purposes of reception of television, radio,
ham radio or similar signals. The term antenna as used herein shall be interpreted to specifically
prohibit the construction or installation of a satellite dish or similar type of receiving device, whether
such device is to be part of the structure or located on the Lot apart from the structure.
Notwithstanding the foregoing, satellite receivers of eighteen (18) inches or smaller may be
permitted with consent of the ARB, subject to screening requirements made part of such consent.
In the event that the Association installs cable and antenna for cable or pay television, each Owner
utilizing the same will be assessed a monthly charge at rates generally charged for such service.
7.6 Easements. Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat or by subsequent recorded instrument. 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 channels in the easements, or which may obstruct or retard the flow of
water through drainage channels in the easements. The easement area of each Lot and all
improvements on or in it shall be maintained continuously by the Owner of the Lot, except for those
improvements for which a public authority or utility company is responsible.
Every portion of any dwelling which contributes to the support of the building in
which it is located shall be burdened with an easement of support for the benefit of all other
dwellings which are located in the same building.
All of the Common Area is subject to easements for encroachments which now exist
or may hereafter come into being, including, but not limited to, encroachments for overhangs of
buildings or decorative surfaces or which may be caused by settlement or movement of buildings
or by inaccuracies in construction or reconstruction, and such encroachments shall be permitted to
remain undisturbed and as valid easements so long as such encroachments shall stand.
7.7 Offensive Activity. No noxious or offensive activity shall be carried on or upon a
Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or
nuisance to the community. There shall not be maintained any plants or animals, nor device nor
F;\USER\GINGER\L&S\OAKSIDCR
[ 4823-1] 980129 (14;17;22)
10
e
e
SPACE RESERVED FOR RECORDING
vJ
~
%\.0
thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightl~ N
unpleasant or of a nature as may diminish or destroy the enjoyment of other property in th6
neighborhood by the Owners thereof. All laundry or other clothes or clothing which are hung out;
to sun or dry must be hung in areas not visible to the public or from any other Lot. g 0
f'o)
o
cJ'\
o.JO
0'"
0"""
~c;
-
~
r.
~
"""
7.8 Garbage Disposal. Each Lot shall have receptacles for garbage in a screened area r-
not generally visible from the road or similar facility in accordance with reasonable standards
established by the Association.
(
-0'
7
C>
r"'"
7.9 Fences. No fence shall be placed, constructed or erected on any Lot unless and until
the design, height and location of such fence have been approved by the Architectural Control Board.
7.10 Other Restrictions. The Board of Directors shall have the authority, from time to
time, to promulgate other restrictions regarding such matters as prohibitions against window air
conditioning units, "for sale" signs, locations of mailboxes, temporary structures, nuisances, garbage
and trash disposal and collection, vehicles and repair, removal of trees, gutters, easements, games
and play structures, swimming pools, sight distance at intersections, utility connections, television
antennas, satellite dishes, painting and repainting of the exterior of the residences and fences,
driveway construction and such other restrictions as it shall deem appropriate. The foregoing matters
are shown by way of illustration and shall not be deemed to limit in any way the authority of the
Board of Directors to promulgate and enforce such additional restrictions. Once the Board of
Directors promulgates certain restrictions, the same shall become as binding, and shall be given the
same force and effect as the restrictions set forth herein, until the Board of Directors modifies,
changes or promulgates new restrictions.
7.11 Drainage and Grading. The drainage, water conservation easements shown on
record plat shall not be disturbed or modified. No drainage ditches, cuts, swales, streams,
impoundments, ponds, or lakes; no mounds, knobs, dams, or hills; and no other physical
improvements or elements of the landscape or terrain which control or determine the location or flow
of surface water and drainage patterns may be created, destroyed, altered or modified without the
prior written consent of the ARB, whether on private Property or common area.
ARTICLE 8
PARTY WALLS
8.1 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
F:IUSERIGINGER\L&:SIOAKSIDCR
[ 4823-1] 980129 (14:17:22)
11
c....> 010
cJ> W 0'""
rYl ...0 0'""
~ N ~~
constitute a party wall and, to the extent not inconsistent with the provisions of this Article, th6 ~
general rules of law regarding party walls and liability for property damage due to negligence o~ ~
willful acts or omissions shall apply thereto. g 0 -o~
N y..:
,..,. Ci I
~ t"f1
(j\
e
e
SPACE RESERVED FOR RECORDING
~
8.2 Sharing of Repair and Maintenance. The cost of reasonable repair and r-
maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion
to such use.
8.3 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.
8.4 Weatherproofing. Notwithstanding any other provision of this Article, an Owner
who by his or her 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 elements.
8.5 Right to Contribution Runs With the 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.
8.6 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 9
GENERAL PROVISIONS
9.1 Enforcement. The Association, or any Owner, shall have the right to enforce, by and
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. The St. Johns River Water Management District shall have the right
to enforce, by a proceeding at law or in equity, the provisions contained in the Covenants and
F:IUSERIGINGER\L&SIOAKSIDCR
[ 4823-1] 980129 (14:11:22)
12
e
e
SPACE RESERVED FOR RECORDING
eft
fT1
:x
Restrictions which relate to the maintenance, operation and repair of the surface water or stormwat~
management system. ~
(")
9.2 Severability. Invalidation of anyone of these covenants or restrictions by jUdgmenf
or court order shall in no way affect any other provisions which shall remain in full force and effect~
9.3 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 often (10) years. This Declaration
may be amended by an instrument confirming that not less than sixty-six and two-thirds percent
(66%%) of a quorum of the Lot Owners present at a duly called meeting of the Association have
approved said amendment. Any amendment must be recorded.
9.4 Annexation. Additional residential property and Common Area may be annexed to
the Properties with the consent of two-thirds (o/a) of the members. Any such instrument of
annexation must be recorded.
9.5 FRANA Approval. As long as there is a Class B membership, the Class B members
may require the prior approval of the Federal Housing Administration or the Veterans
Administration, as the case may be, to the annexation of additional properties, dedication of
Common Area, and further amendment of this Declaration of Covenants, Conditions and
Restrictions.
9.6 City of Winter Springs. The City of Winter Springs is a third party beneficiary with
the right to legally enforce this document or any part or provision hereof. Nothing contained herein
shall be construed to permit or authorize any violations or deviations from the Code of Ordinances,
City of Winter Springs, Florida. No amendment which causes such a violation or deviation shall be
binding on the City of Winter Springs, Florida.
F:\USER\GINGERIL&S\OAKS\DCR
[ 4823-1] 980129 (14:17:22)
13
w
w OJO
0'"
\D 0'"
N ::x.-
(":
l:>>
r
;t
~
0 c
N -0::-
>-:
0 G')(
f"l1(
-J
--
e
e
SPACE RESERVED FOR RECORDING
Witnesses:
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its
hand and seal this utf day of JrUutuy , 1998. ~
v.> ~~
~ . t"'\ 0"'"
, . . --- ~'(;
;; N -
~ ~
~ C,
~ ~
(").-,. c
- '--' -, ,-
...... N 3'.,.~
""" .-,. c;")'~
r- '--' ,Of' (
CJ)
L & S DEVELOPMENTS, INC.,
a Flori
\
Prin~LARK
~~~
Printed na e: N ER LODGES
By:
'"
--
2. 1 1 C.I-f { S vEL- '- pL.
l-ft (c ~ fYt rr Q..,'1 r L, 32.-7 4- (p ,
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me on J ~~ 27 , 1998 by
Louie DiMillo, as President of L & S DEVELOPMENTS, INC., a Florida corporation, on its
behalf. He
~/ is personally known to me; or
o has produced
~~C
.
Printed name:
Notary Public-State of Florida at Large
Commission number:
My Commission expires:
as identification.
l~~r~ Scott D. Clark
i*tJi.'~:*% ~ COMMISSION I CC615415 EXPIRES
~~.ll February 3. 2001
"IJ./l'f..i:'..... BONDED THRU TROY FAIN INSURANCE. INC.
F:IUSERIGINGERIL&:SIOAKSIDCR
[ 4823-1] 980129 (14:17:22)
14
e
Exhibit" A"
.
SPACE RESERVED FOR RECORDING
,I.
v:J"cgc
cfl t,..) o~
UJ o~
N ~2
- ]>
a r-
~ ~
('"') _ c-:
o '-J .o~
N 7?
~c
C) !''1l
UJ
That part of NORm ORLANDO RANCHES SEC. 11, recorded in Plat Book 13, Pages 22 and 23, ofthe~
Public Records of Seminole County, Florida, lying in Section 34, Township 20 South, Range 30 East,
Seminole County, Florida, and being more particularly described as: Begin at the most Southerly comer of
Lot 30, mGHLAND LAKE PHASE 2 recorded in Plat Book 48, Page 28, of the Public Records of
Seminole County, Florida, thence N 54046'01" E, 417.90 feet along the Southeasterly line of said
mGHLAND LAKE PHASE 2 to the most Easterly comer of Tract "C" of said mGHLAND LAKE
PHASE 2, said comer lies on the Southerly line of Tract I of OVIEDO FARMS recorded in Plat Book 6,
Page 86, of the Public Records of Seminole County, Florida; thence S. 86055'19" E, 347.87 feet along the
Southerly line of said Tract 1 to a point on a curve, said curve being concave Easterly having a radius of
2,466.83 feet; thence leaving the Southerly line of said Tract 1 from a tangent bearing ofS 25022'33" E run
Southerly along the arc of said curve 350.62 feet through a central angle of 08 008'37"; thence leaving said
curve from a tangent bearing ofS 33031'10" E run S 71024'53" E, 74.99 feet to the Northerly right-of-way
line of Edgemon Avenue; thence S 54046'01" W, 644.99 feet along said Northerly right-of-way to the most
Easterly comer of Lot 14, Block 17, of said NORm ORLANDO RANCHES SEC.11; thence leaving said
right-of-way run N 35013'59" W, 175.00 feet along the Northeasterly line of said Lot 14, Block 17, to the
most Northerly comer of said Lot 14, Block 17, thence S 54046'01" W, 210.00 feet along the Northwesterly
line of Lots 14 and 15 of said Block 17; thence N 35013'59" W, 32.05 feet; thence S. 54046'01" W, 185.00
feet to the Westerly line of Block 18 of said NORm ORLANDO RANCHES SEC. 11; thence
N 35013'59" W, 119.96 feet along said Westerly line of said Block 18 to the Point of Curvature ofa curve
concave Easterly having a radius of 1,715.00 feet; thence run Northerly 383.46 feet along the arc of said
curve through a central angle of 12048'39" to the most Easterly comer of Lot II, Block 19, of said NORm
ORLANDO RANCHES SEC. 11; thence S 6r34'40" W, 125.18 feet along the Southerly line of said
Lot 11, Block 19, to the most Easterly comer of Tract "B," mGHLAND VILLAGE TWO, recorded in Plat
Book 40, Pages 40 and 41, of the Public Records of Seminole County, Florida; thence N 20030'37" W,
468.48 feet along the Easterly line of Lots 98, 99, 100, 101, 102, 103, 104, 105, 106, 107 and Tract "B" to
the most Southerly comer of Lot 95 of said mGHLAND VILLAGE TWO; thence N 65023'06" E, 135.00
feet along the Southeasterly line of Lots 93, 94 and 95 of said mGHLAND VILLAGE TWO; thence
N 5r52'50" E, 81.47 feet along the Southeasterly line of Lots 92 and 93 to the most Easterly comer of
Lot 92; thence N 35000'08" E, 134.90 feet along the Southeasterly line of Lots 89, 90 and 91 to the
Southwesterly line of said mGHLAND LAKE PHASE 2; thence S 31014'14" E, 581.14 feet along the
Southwesterly line of Lots 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 of said mGHLAND LAKE PHASE 2
to the POINT OF BEGINNING.
F;\USER\GINGER\L&S\OAKSIDCR
[ 4823-1) 980226 (10;02;34)
15
i
); RE1tlRt0 TO ~
. 1)oNA\...\) ~. le~LAtJ<- 646964
q ClT"'1 o~ WltJ~n.. SPQltJ~
~.. fO) U'lG, \:=A'ST" sR 434-
~UJ1"ER. <; Pt<.\ NG...~I r-:-l S'2 '1 o~
..
MARYANNE MORSE .
CLERK OF' CIRCUIT COUi1T
,
SEMINO;.t COUHTY. Fl
RECOROFD 8:. VERIFIEr.
94 NOY 30 AM 9: f 9
SUPPLEMENT I TO HIGHLAND LAKE, PHASE I
N
CO
CJt
N
mo
O~
0""
An
~
r-
::0
",
(")
~g
QC
rr'l.(J)
Decla~ation of Easements, Covenants, Conditions and Restriction4~
~
WHEREAS, the HIGHLAND LAKE PHASE I, Declaration of Easements S
Covenants, Conditions and Restrictions are recorded in Officia~
Records Book 2686, Pages 1201 to 1271, Public Records of Seminol~
County, Florida. 0
.
-.y'
WHEREAS, declarant is desirous of annexing additional propertr
to the HIGHLAND LAKE PHASE I Declaration of Easements, Covenants,
Conditions and Restrictions, pursuant to ARTICLE VIII, Section 1,
of said declaration.
ex>
CD
o
WHEREAS, HIGHLAND LAKE ASSOCIATION, INC. , a homeowners
association, was incorporated on April 20th, 1993, for the benefits
of lot owners.
THEREFORE, in consideration of Ten Dollars ($10.00) and other
good and valuable consideration and the mutual benefit of the
members of HIGHLAND LAKE ASSOCIATION INC., said Declaration of
Easements, Covenants, Conditions and Restrictions of HIGHLAND LAKE
PHASE I, are amended as f~llows:
1. All that property described in HIGHLAND LAKE PHASE II, a
subdivision according to Plat Book 4B , Page '2.e, , Public
Records of Seminole County, Florida, is hereby annexed and shall be
subject to the HIGHLAND LAKE PHASE I Declaration of Easements,
Covenants, Conditions and Restrictions, and all lot owners in
HIGHLAND LAKE PHASE ~I, shall' be members of HIGHLAND LAKE
ASSOCIATION INC. as set forth in the Articles of Incorporation for
said corporation.
Signed, sealed and delivered
in the presence of:
IN WITNESS WHEREOF, the party hereto has caused this
amendment to be signed and sealed this /q day of OLI ~t.r, 1994.
A/oV;:Mf!J~
ADM3 Partners Ltd.,
a Flori L' ited Partnership
1J'l:d. f/)/..!I 05~;;J~ooS-
'1'/- 3.:1((-0
?tJ2~
/}; tUGt d--- .c:t:~
I
IJJ J1.R V 4 tV '" eve~~ 7""7
/
~i~io Di Marco, President
of P.E.I. Homes, Inc., the
General Partner
PO.6o)c 'lSOq{O
L- ;of KE IYlItR Y FL '3 2.;Z r S' - 0 q I 0
)
RJP/ADHJ/HIGHLANDLAKES/SUPPLEHENT I
,-
.
STATE OF FLORIDA
COUNTY OF Se /)1/ M:J (, ~
NOV'GM.f3l:R. The foregoing instrument acknowledged before me this ~ day
of Qc~=.&~, 1994, by Attilio Di Marco, President of P.E.I. Homes,
Inc., as General Partner of ADM3 Partners Ltd., a Florida Limited
Partnership, on behalf of said partnership.
Seal
() --J...-frr), / ."
('..JI~I , ?./ / ./ '-t-
Notary Public, State of Florida
J (,/ t' -</ IV !: .F t,.' i-~ ~/~
My Commission Expires: t?2 - /J'~6
cc-l//.,;'/ 3~g
;;;~/tiL
Prepared by:
Robert J. Pleus, Jr.
Pleus, Adams, Davis & Spears, P.A.
940 Highland Avenue
Orlando, Florida 32803
,\ ,,\1 \1 ll);: IUIII,
\\" \\' >,1'... FII '/h
,'~'. \\,\.:1' ~ ",1/ ........
"~,,, "\ J ,.o..o.QI"-<"~~.~
~~ .,ct~~\,~\~S/G.Ii :..' T ~"..
~ .....' c..",;;. ,."
~ '1-G,}' .,0'(, .~.... ~
" ...... ".'01"'" <7 ',,1' ....
~ ::;; ej-'" .? .~ ~ ~
:: *. l.J., 'tb "'. =
:'"'.; : 14 .........:n :* =
==~.. . ::
~'?~ ~. ." of .: ~ ~
....-:~.. #Cv .81323 . ~ ~
~:~:~ ;. .'"';, ..: ('j ..'~
.,# ,..0 ." .- <tv"
"~.. r./i.il ~.......".. C""': 'II"
JI1f;;'-!C, sr;;'i'l:. '\\\'\'
1fl;;III11I11 \\\\\\
N
(It en me-
_.""" 0-
:i: -. 0....
% N ~
C) ::
r- r
1"'1 _
n f
p- r
-~
,.,..~ ~
r-CO:' .=C
.. . f'I'It.
_.
RJP/ADM3/RIGBLAKDLADS/suppLEME.N'r I
2