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DECLARATION
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COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
WILDWOOD PLANNED UNIT DEVELOPMENT
Made this 29th day of August, 1973, by National Homes Construction
Corporation, an Indiana corporation, herein called Declarant.
Declarant is the owner of certain real property in the City
of l~inter Springs, County of Seminole, Florida, which is more
particularly described in Exhibit "A".
Declarant will convey said property subject to certa~n pro-
tective covenants, conditions, restrictions, reservations, liens,
and charges as set forth in Section 1 through Section 12 hereof
for the purpose of obtaining for the owners and residents thereof
the benefits of more attractive land use, privacy and security,
and to release owners from the burdens of individual maintenance,
repair, and upkeep of the grounds and exterior of structural im-
provements.
Declarant hereby declares that all of the described property
shall be called Wildwood Planned Unit Development and shall
~, restrictions, covenants, and conditions, all of which are for the
be held, sold, and conveyed subject to the following easements,
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purpose of enhancing and protecting the value, desirability, and
attractiveness of the described property. These easements, covenants,
restrictions, and conditions shall run with the described property
and shall be binding on all parties having or acquiring any right,
title or interest in the described property or any part thereof,
and shall inure to the benefit of each owner thereof.
SECTION 1 DEFINITIONS. The terms used herein and in Exhibits hereto
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shall have the meaning stated as follows unless the context requires
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otherwise:
1.1 ASSOCIATION means wildwood Homes, Inc., a not-for-profit
Florida corporation, and its successors.
1.2 PUD means Wildwood Planned Unit Development.
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1.3 PROPERTY means the land and appurtenant easements, the
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lots, the bUildings, the houses, the drives and walks, the
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swimming pool and club house, the improvements, and property of
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every kind and nature, real, personal or mixed, which is located
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ation, use, and enjoyment of the PUD.
on the described property and used in connection with the oper-
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1.4 LOT shall mean and refer to any plot of land shown upon
of the con~on areas.
any recorded subdivision map of the Property with the exception
tion for the common use and enjoyment of the members of the
1.5 CO}~10N AREA shall mean all property owned by the Associa-
Association.
of administration and management of the PUD, replacement and re-
1.6 COMMON EXPENSES means the estimated and actual expenses
with the PUD Documents.
pair of the Common Areas, and any other cost reasonably in accord
1.7 UTILITY SERVICES means electric service, gas, water,
sewage, and garbage disposal.
1.8 REASONABLE ATTORNEYS. FEES means the cost of services
of attorneys at law for judicial and administrative proceedings
or review thereof and for other reasonable retained legal services.
1.9 DECLARANT means National Homes COnstruction Corporation,
its SUccessors and assigns who assume responsibility for develop-
ment or marketing of the PUD.
and Restrictions of the PUD.
1.10 DECLARATION is the Declaration of Covenants, Conditions,
1.11 BUILDING means a structure containing two or more
family units.
the same bUilding.
1.13 PARTY \'lALL means the \'lall between the hlO townhouses in
1.12 T01~HOUSE means any individual family unit ~p a bUilding.
1.14 HOUSE means a detached single-family structure.
1.15 BY-LAh'S means the BY-Lav:s of tvi1dwood Homes, Inc.
1.16 MORTGAGEE means the holder of a first mortgage lien on
a lot.
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1.17 OWNER means the record owner, whether one or more per-
sons or entities or combinations thereof, of the fee simple title
to any lot in the PUD, including contract sellers, but excluding
those having such interest merely as security for the performance
of an obligation.
1.18 MEMBER means one pe~son or entity who has been designated
in writing by the owner as the voting representative of the owner,
and who holds membership in the Association by virtue of ownership
of a lot in the PUD.
1.19 PLAT means the recorded plat prepared by Land Surveying
Company, a registered Florida surveyor, certified by
DOMINICK F. CAVONE
on June 28
, 1973.
1.20 SINGULAR shall include the plural, PLURAL shall include
the singular, and the use of any GENDER shall include all genders
whenever the context permits.
1.21 "Class I Lots" shall mean and refer to any lot upon \Vhich
there is a residence or single family unit which has been completed
as evidenced by a FHA or VA notice of final inspection or for which
a certificate of occupancy has been granted.
1.22 "Class II Lots" shall mean and refer to any vacant lot
or single family unit that has not been completed.
SECTION 2 ANNEXATION.
2.1 Annexation of additional property shall require the assent
of two-thirds (2/3) of the Class A members and two-thirds (2/3) of
the Class B mernbers, if any, at a meeting duly called for this
purpose, \Vritten notice of which shall be sent to all members
not less than 30 days nor more than 60 days in advance of the
meeting setting forth the purpose of the meeting. The presence
of members or of proxies entitled to cast sixty percent (60%)
of the votes of each class of membership shall constitute a
quorum. If the required quorum is not forthcoming at any meeting,
another meeting may be called, subject to the notice require~ent
set forth above, and the required quorum at such subsequent
meeting shall be one-half of the required quorum of the preceding
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No such subsequent meeting shall be held more than 60
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days following the preceding meeting.
In the event that two-
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thirds (2/3) of the Class A membership or two-thirds (2/3) of the
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Class B membership are not present in person or by proxy, members
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not present may give their written assent to the action taken
2.2 If within four (4) years of the date of incorporation
of this Association, Declarant shall develop additional lands
described within the.area described in Plat Book 7, at Page 83,
such phases may be annexed to the PUD without the assent of the
Class A members.
. 2.3 PROVISO. Declarant may file an affidavit in the public
records of Seminole County, Florida, electing not to develop the addi-
tional phases of the PUD as designated on the Plat and thereafter
such phases shall be free of the provisions of this Declaration.
SECTION 3 MEr-mERSHIP.
3.1 Every person oE-~n_~:JJ~.Y.lihQ..is ..~lX_~SQr~,L_9!lU~;;:.., Qf<$l~ f~~~ or
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undivided fee interest in any lot which is subject by covenants
of record to assessment by the Association, including contract
sellers, ~iJ.] ,,~~~me~~J <;!,.,..the .~ss~,.i~ti.OIlA The foregoing is
not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. No Owner
shall have more than one membership. Membership shall be appur-
tenant to and may not be separated from ownership of any lot which
is subject to assessment by the Association. Ownership of such
lot shall be the sole qualification for membership.
3.2 Po\-ffiRS. The Association ~.~be incorI?.<?E9t~d,.purC;:11=>rd"
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to Florida law, and fulfill its functions according to the Arti..sl!;.s
of Incorporation, By-Laws, and said Florida law.
3.3 BOARD OF DIRECTOR~. The affairs of the Association shall
be conducted by an elected Board of Directors who shall be desig-
nated in a manner. provided in the By-Laws.
3.4 INDEMNIFICATION. Every Director and Officer of the
Association shall be indemnified by the Association against all
expenses and liabilities incurred by or imposed on him by reason
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of his being or having been a Director or Officer, except in cases.
wherein the Director or Officer is adjudged guilty of gross negli-
gence or malfea$~nce in the performance of his duties.
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3.5 MANAGER., The Association shall at all times retain
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a Manager to operate the PUD. The manager shall be responsible
to the Board of Directors and shall provide fiscal management,
and management of the maintenance and security of the PUD.
3.6 BUDGET. The manager shall prepare an annual budget.
The Board of Directors shall approve said budget and submit
the same to members for discussion at annual membership meetings
as provided in the By-Laws. The manager shall report expenses in
excess of the budget and the reasons therefor, 'and the Board of
Directors shall determine a method for controlling such excess and
make special assessments as required to defray the excess expenses.
SECTION 4 VOTING RIGHTS.
The Associ~tiQn shall have two classes of voting membership:
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4.1 Class A! Class A members shall be all those Owners as
defined in"S'e'ction 3 with the exception of the Declarant. Class A
members shall be entitled to one vote for each lot in vlhich they hold
the interest required for membership by section 3. ~~en more than
one person holds such interest in any lot, the Owners shall designate
one of themselves as the voting representative although all such
owners shall be members. The vote for such. lot shall be exercised
by the voting representative, in no event shall more than one vote
be cast with respect to any lot.
4.2 Class B. The Class B member shall be the Declarant. The
Class B member shall be entitled to three (3) votes ~oreacl}.,.,J.,.Q,J:
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in which it holds the interest for membership by Section 3, provided
that the Class B membership shall cease and be converted to Class
A membership on the happening of either of the following events,
whichever occur~ earlier:
a) when the total_votes outstanding in the Class A
rn~Inbership"'equaT'" the 't:otal.vofes outstanding in
the Class B me~~ershjp, or
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b) on December 31, 1977. .,)
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SECTION 5 PROPERTY RIGHTS.
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5.1 O\~ERS' EASEMENTS OF ENJOYMENT. Every member shall have
~ a right and easement of enjoyment in and to the Common Area and
such easement shall be appurtenant to and shall pass with the title
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to every assessed lot, subject to the following provisions:
fa) AII'of the property described and shown on the Plat
! shall be and is hereby subject to the covenants,
agreements, easements, and restrictions set forth
in this Declaration, to be and remain in effect
until such time as amended, modified or revoked in
accordance with the provisions of this Declaration;
~~. right of the Association to limit the number
of guests of members;
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c) the right of the Association to charge reasonable
admission and other fees for the use of any rec-
reational facility situated upon'the COIT~on Area;
d) the right of the Association, in accordance with
its ,Articles and By-Laws, to borrow money for the
purpose of improving the Common Area and facilities
and in aid thereof to mortgage said property, and
the rights of such mortgage in said properties shall
be subordinate to the rights of the homeowners
hereunder;
e) the right of the Association to suspend the voting
rights and right to use of the recreational fa-
cilities by a member for any period during which
any assessment against his lot remains unpaid;
and for a period not to exceed ninety (90) days
for any infraction of its published rules and
regulations;
f) 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 unless an instrument signed by members
entitled to cast two-thirds (2/3) of the votes of
the Class A membership and tVlO-thirds (2/3) of the
votes of the Class B membership, if any, has been
recorded, agreeing to such dedication or transfer
and unless written notice of the proposed action
is sent to every member not less than 30 days nor
more than 60 days in advance.
5.2 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.
5.3 TITLE TO THE COMMON AREA. The Declarant hereby covenants
for itself, its heirs and assigns, that it will convey fee simple
title to the Common Area to the Association, free and clear of all
encumbrances and liens, prior to the conveyance of the first lot.
5.4 TRADE OR BUSINESS. No trade or business shall be carried
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on and no signs shall be placed upon or about any Residential Unit
or on the Cornmon Area (other than designations, in such styles and
materials as the Association shall by regulations approve, of street
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addresses and names of owners) except that owners desiring to
offer Residential Units for sale or rent shall have the right
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to place upon the Residential Unit concerned such "for sale"
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5.5 PARKING RIGHTS. Each townhouse shall be entitled to one
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or "for rent" signs as the Association may approve.
unassigned parking space in the co~mon access easement appurtenant
to such townhouse lot. Other parking facilities shall be administered
by the Association for the benefit of all lot owners.
5.6 EASEMENT FOR THE ASSOCIATION. Each Residential Unit
is hereby declared to be subject to a reasonable easement and
right to and in favor of the Association and its employees, agents
or instrumentalities to go upon such Residential Unit for reasonable
repair thereof for the purpose of carrying out any and all of the
obligations and functions with respect to such Residential Unit
as are herein imposed upon or permitted to the Association expressly
including, the maintenance, repair, and replacement of any and
all of the facilities for the supply of utilities and other faci-
lities serving said Residential Unit and/or other Residential Units
or the Cornmon Area. Further, the Association or its representative
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shall have the obligation to provide the care and maintenance for
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all access easements as shown on the Plat for Wildwood.
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5.7 UTILITY EASEMENTS. There shall be and hereby are reserved,
whether shown on the Plat or not, easements and rights-of-way for
the benefit of governmental agencies, authorities or instrumentalities,
and for the benefit of public utilities, and for the benefit of the
Association and for the benefit of the Residential Units, on, under,
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and through the Property for the ownership, use, operation, maintenance,
repair and replacement of water, sewage, gas, electrical, and other
facilities, including lines, pipes, wires, valves, switches, etc.,
and all parts of the Property may be entered under reasonable
circumstances for the maintenance and repair of the aforementioned
utilities or of the facilities.
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5.8 ADDITIONAL RULES AND REGULATIONS. The Property described
and shown on the Plat and the use thereof shall be subject to
such additional rules' and regulations as shall be in force from
time to time by reason of action taken by the Association pursuant
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5.9
DESTRUCTION OF A TO~~HOUSE.
In the event a townhouse is
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destroyed, the owner thereof shall begin reconstruction within a
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reasonable time or excavate and clear away the remaining portions
of the townhouse, and maintain the lot in a neat and orderly
condition. If the owner fails to perform such clearance or mainten-
ance for a period exceeding sixty (60) days, the Association shall
perform the same and the expenses thereof shall be a lien on the
particular lot as subject to collection under subsection 6.8 hereof.
5.10 RECONSTRUCTION OF TO\~HOUSE. In the event a townhouse
is destroyed, no structure other than a townhouse of the same
dimensions and similar architecture and as approved pursuant to
Section 8 hereto shall be constructed in place of the original
structure.
5.11 EASEMENT FOR ENCROACHMENTS. Each townhouse owner is
entitled to an exclusive easement for the use and enjoyment of the
air space within a reasonable distance above and below such
townhouse, carport, and patio area on each respective lot such that:
if a townhouse lot shall encroach on any common area or any other
townhouse lot by reason of original construction or by the non-
purposeful or non-negligent act of the townhouse owner, then such
easement shall be appurtenant to such encroaching townhouse lot,
to tpe extent of such encroachment, and such easement shall exist
so long as such encroachment exists. If any common area shall
similarly encroach on any townhouse lot, then an easement appurtenant
to such COITIDOn area shall similarly exist.
SECTION 6 COVENANT FOR MAINTENANCE ASSESS~lliNT~
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6.1 CREATION OF THE LIEN AND PERSONAL OBLIGATIONS OF ASSESS-
MENTS. The Declarant, for each lot owned within the PUD, hereby
covenants, and each owner of any lot by aciceptance of a deed therefor,
whether or not it shall be so expressed in any such deed or other
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conveyance, is deemed to cov~nant and agre~ to
to th~ Association:
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(1) annual assessments or charges, and (2) special aSE!~"~~~~Dj:S.t'Q;t;:
capital im~)roY~J:11E?I)..ts, such assessments to be fixed, estal::>:l:i,shecJ,.
and collected from time to time as herein provided. The annual and
special asse3sments, together with such interest thereon and costs
of collection thereof 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 such interest, costs,
and reasonable attorney's fees shall also be the personal obligation
of the person who was the owner of such property at the time when
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the assessment fell due. ':I:'h~"p~Fs()nal obligation shall not pass to
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his successors in title unless expressly assumed by them.
6.2 PURPOSE OF ASSESSMENTS. The assessments levied by the
Association shall be used exclusively for the purpose of promoting
the recreation, health, safety, and welfare of the residents in the
PUD and in particular for the improvement and maintenance of the
PUD, services, utilities, and facilities devoted to this purpose
and related to the use and enjoyment of the Common Area, and of the
homes situated in the PUD.
6.3 BASIS AND MAXIMUM OF ANNUAL ASSESSMENTS. Until January I
of the year immediately following the conveyance of the first lot to
an owner, the maximum annual assessment shall be $ 250.00
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per lot.
a) 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 in-
creased effective January 1 of each year without
a vote of the membership in conformance with the
rise, if any, of the Consumer Price Index (pub-
lished by the Department of Labor, Washington,
D.C.) for the preceding month of July.
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b) 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 that established by the Consumer
Price Index formula by a vote of the members for
the next succeeding three (3) years and at the end
of each such period of three (3) years, for each"
succeeding period of three (3) years, provided that
any such change shall have the assent of two-thirds
- (2/3) of the votes of each class of members who are
voting in person or by proxy, at a meeting duly
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called for this purpose, written notice of which
shall be sent to all members not less than 30 days
nor more than 60 days in advance of the meeting
setting forth the purpose of the meeting. The
limitations hereof shall not apply to any change in
the maximum and basis of the assessments undertaken
as an incident to a merger or consolidation in which
the Association is authoritzed to participate under
its Articles of Incorporation.
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c) After consideration of current maintenance costs and
future needs of the Association, the Board of Directors
may fix the annual assessment at an amount not in
excess of the maximum.
6.4 SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition
to the annual assessments authorized above, the Association may
levy in any assessment year, a special assessment applicable to that
year only, for the purpose of defraying, in whole or in part, the
cost of any construction or reconstruction, unexpected repair or
replacement of a described capital improvement upon the Common Area,
including the necessary fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds
(2/3) of the votes of each class of members who are voting in person
or by proxy at a meeting duly called for this purpose, written
notice of which shall be sent to all members not less than 30 days
nor more than 60 days in advance of the meeting setting forth the
purpose of the meeting.
6.5 UNIFORM RATE OF ASSESSMENT. Both annual and special
assessments must be fixed at a uniform rate for all Class I Lots
and all Class II Lots, although the assessments on all Class II
Lots shall be fixed at 25% of the assessment upon all Class I Lots.
6.6 QUORUM FOR ANY ACTION AUTHORIZED UNDER SUBSECTIONS 6.3
AND 6.4. At the first meeting called, as provided in sections 3
and 4 hereof, the presence at the meeting of members or of proxies
entitled to cast sixty percent (60%) of all the votes of each class
of membership shall constitute a quorum.
If the required quorum
is not forthcoming at any meeting, another meeting may be called,
subject to the notice requirement set forth in sections 3 and 4, and
the required quorum at any such subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No such
subsequent meeting shall be held more than sixty (60) days following
the preceding meeting.
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6.7 DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES.
The annual assessments shall commence as to all lots on the first
day of the month following the conveyance of the Common Area.
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first annual assessment shall be adjusted according to the number ~~
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of months remaining in the calendar year. The Board of Directors
shall fix the amount of the annual assessment against each lot at
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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 at any time furnish a
certificate in writing signed by an officer of the Association setting
forth whether the assessments on a specified' lo~ have been paid. A
reasonable charge may be made by the Board for the issuance of these
certificates. Such certificate shall be conclusive evidence of payment
of any assessment therein stated to have been paid.
6.8 EFFECT OF NONPAYMENT OF ASSESSMENTS; REMEDIES OF THE
ASSOCIATION. Any assessments which are not paid when due shall be
delinquent. If the assessment is not paid within thirty (30) days
after the due date, the assessment shall bear interest from the date
of delinquency at the rate of seven (7%) per annum, 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 attorney's fees of any such action shall be
added to the amount of such assessment. No owner may waive or other-
wise escape liability for the assessments by non-use of the Common
Area or abandonment of his lot.
6.9 SUBORDINATION OF THE LIEN TO THE MORTGAGE. The lien
of the assessments shall be subordinate to the lien of any mortgage
or mortgages. Sale or transfer of any lot shall not affect the
assessment lien. Hov.'ever, the sale or transfer of any lot which
is subject to any mortgage, pursuant to a decree of foreclosure
under such mortgage or any proceeding in lieu of foreclosure under
such mortgage or any proceeding in lieu of foreclosure thereof,
shall extinguish the lien of such assessments as to payments thereof
which became due prior to such sale or transfer. No sale or transfer
shall relieve such lot from liability for any assessments thereafter
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becoming due or from the lien thereof.
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6.10 EXEMPT PROPERTY. The following property subject to this
Declaration shall be exempt from the assessments created herein:
(a) all properties dedicated to and accepted by a local public authority;
(b) the Common Area; and (c) all properties owned bya charitable or
nonprofit organization exempt. from taxation by the laws of the State
of Florida. However, no land or improvements devoted to dwelling use
shall be exempt from said assessments.
6.11 SPECIAL ASSESSMENTS. The Association shall also carry out
or cause to be performed or provided in or about the Property all such
additional functions in the nature of maintenance, improvements, re-
pairs and services, and recreational and other facilities for the use
and benefit of the PUD and its inhabitants generally as shall be
determined by its Board of Directors from time to time. The Association
shall have power to impose upon the individuals actually using or
benefiting therefrom such. additional charges for the use thereof as
the Association shall from time to time deem appropriate.
SECTION 7 PARTY WALLS.
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7.1 GENERAL RULES OF LAW TO APPLY. Each wall which is built as
a part of the original construction of the townhouses in the PUD 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
Section, the general rules of law regarding party walls and liability
for property damage due to negligence or willful acts or omissions
shall apply thereto.
7.2 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 equal proportion.
7.3 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 sha~l contribute to the cost of restoration
thereof ~n equal proportions, subject 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.
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7.4 WEATHERPROOFING. Notwithstanding any other provision of this
Section, an ovmer 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 elements.
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7.5
RIGHT TO CONTRIBUTION RUNS WITH LAND.
The right of any
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7.6 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 addi-
tional arbitrator, and the decision shall be by a majority of all
the arbitrators. Should any party refuse to appoint an arbitrator
within ten (10) days after written request therefore, the Board of
Directors of the Association shall elect an arbitrator for the
refusing party.
SECTION 8 ARCHITECTURAL CONTROL. .
No buildin~ fen9~ wall or other structure shall be commenced,
erected or maintained in the PUD nor shall any exterior addition to or
change or alteration therein be made, except those constructed by
or on behalf of ~he Declarant, 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 rep-
resentatives appointed by the Board.
In the event said Board, or its
designated committee fail to approve or disapprove such design
and location within thirty (30) days after said plans and specifications
have been submitted to each body respectively, approval will not
be required and this Section will be deemed to have been fully
complied with.
SECTION 9 EXTERIOR MAINTENANCE.
The Association shall not assume any obligation to provide
exterior maintenance for any lot or improvements thereon. The
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lot owner hereby assumes to provide all maintenance and upkeep of
his lot and improvements thereon. If he fails to provide adequate
maintenance and upkeep, the Association shall have the right to
enter the property to make all necessary maintenance and repair
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and assess the lot owner for the cost of such maintenance and
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Such assessment shall be treated as a charge against the
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land and shall be a continuing lien upon the property until such
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time as the assessment is paid.
SECTION 10 USE RESTRICTIONS.
The use of the property shall be in accordance with the following
provisions as long as the PUD exists and the buildings exist in
useful condition on the described property:
10.1 TOw~HOUSES. Each of the units shall be occupied only by
a single family, its servants and guests, as a residence and for no
other purpose. No townhouse may be divided or subdivided into a
smaller unit, nor any portion thereof sold or otherwise transferred,
without first amending this Declaration to show the changes in the
townhouses to be affected thereby.
10.2 COMMON AREAS. The Common Areas shall be used only for the
purposes for which they are intended in the furnishing of services
and facilities for the enjoyment of the owners.
10.3 NUISANCES. No nuisances shall be allowed upon the property
nor any use or practice which is the source of annoyance to resi-
dents or which interferes with the peaceful possession and proper
use of the property by its residents. All parts of the property
shall be kept in a clean and sanitary condition, and no rubbish,
refuse or garbage allowed to accumulate nor any fire hazard allowed
to exist. No owner shall permit any use of the common elements ,vhich
will increase the rate of insurance upon the property.
10.4 LAv~UL USE. All valid laws, zoning ordinances, and
regulations of all governmental bodies having jurisdiction thereof
shall be observed. The responsibility of meeting the requirements
of governmental bodies which require maintenance, modification or
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repair of the property shall be the same as the responsibility for
the maintenance and repair of the improvements concerned.
10.5 LEASING. All present or future owners, or any other
person that might use the facilities of the PUD in any manner, are
subject to the provisions of this Declaration and the mere acquisition
or rental of any of the townhouses or house, or the mere act of
occupancy of any townhouses or house shall signify that the provi-
sions of the PUD Documents are accepted and ratified.
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The respective townhouses shall not be rented by the owners
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thereof for transient or hotel purposes, which shall be defined as
a rental for any period less than sixty (60) days. Other .than the
foregoing obligations, the owners of the respective townhouses shall
have the absolute right to lease same provided that said lease is
made subject to the covenants and restrictions contained in the PUD
Documents.
10.6 REGULATIONS. Reasonable regulations for the use of the
con~on area may be adopted from time to time by the Board of
Directors.
10.7 PROVISO. Provided, however, that until the Declarant has
,
sold all of the townhouses of the PUD, neither the owners nor the
Association nor the owner's use of the property shall interfere with
the completion of any contemplated improvements and the sale of the
townhouses. The Declarant may make such use of the unsold townhouses
and Co~on Areas as may facilitate sales, including, but not limited
to maintenance of a sales office, the showing of the units and the
display of signs.
SECTION 11 INSURANCE AND RECONSTRUCTION.
The insurance other than title insurance which shall be carried
on the Common Area shall be governed as follows:
11.1 AUTHORITY TO PURCF~SE. All insurance policies upon the
Corr~on Areas shall be purchased by the Association for the benefit
of the Association and the owners and their mortgagees as their
interests may appear. Owners shall obtain insurance coverage at their
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expense upon their own townhouse, house, lot or personal property
nnrt for the~r personal
L liability and living expense. .
11. 2
COVERAGE.
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Casualty. The community facilities and improvcmcntR
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upon the Common Area and all personal property in-
cluded in the COMnon Areas shall be insured in an
amount equal to or in excess of 80% of the naxi~~~
insurable replacement value, excluding foundation
and excavation costs, as determined annually bv the
Board of Directors of the Association. Such c~~erage
shall afford protection against:
1) Loss or damage by fire and other hazards Cc\-ered
by a standard extended coverage endorser.e~t, and
2) Such other -risks as from time to time shal! be
customarily covered with respect to othe~ ~:2~ned
Unit Developments in the region, includi~~. ~~t
not limited to, vandalism and malicious =is~~ief.
b) Public Liability in such amounts and with suc~ c~~erage
as shall be required by the Board of Directo~s c~ the
Association, including, but not limited to, hi~~~
automobile and non-owned automobile coverages, 2~j ~ith
cross liability endorsement to cover liabilities of the
owners as a group to an owner.
c) Workmen's Compensation policy to meet the re~~~=2~~nts
of law.
11.3 PAYMENT OF PREMIUM. Insurance premiums on said ~~S~=2nce
shall be a common expense, and such payments shall be held
separate escrow account of the Association and used solely =c= ~he
payme~t of multi-peril insurance as such premiums become c~e.
11.4 DETERMINTATION TO RECONSTRUCT OR REPAIR. If ar.~ ~~:~ of
the Common Areas shall be c1dlodged by casualty, whether or
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shall be reconstructed or repaired shall be determined in
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following manner:
a) Partial destruction. If the damaged improvE=~~~
is the building, the damaged property shall ~~
reconstructed or repaired unless within sixty ~;)
days after the casualty it is determined by.=.::-~.;:-
ment of 75% of the owners that it shall not ~~
reconstructed.
b) Total destruction. If the damaged improve~e~~ __
~ building, then the damaged building will ~~~ =~
reconstructed or repaired, unless within six~~ .~,~}
days after the casualty, owners who own seve==~-~~ve
(75%) per cent of the interest agree in writ~-; --~
such reconstruction or repair.
11.5 ESTIMATE OF COSTS. Immediately after a deterrr.i::..=.-::....:..~j:: 'to
rebuild or repair damage to property, the Association sha!: ~~~~~::
reliable and detailed estimates of the cost to rebuild or ::-:2=~.:'=.
11.6 ASSESSMENTS. If the proceeds of insurance are =c~ ~~~~i-
cient to defray the estimated costs of reconstruction and =~?e~= ~y
the Association, or if at any time during reconstruction a::.c =~~~~~r,
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or upon completion of reconstruction and repair, the funds for the
payment of costs thereof are insufficient, assessments shall be
made against all owners in the case of damage to common areas, in
sufficient amounts to provide funds for the payment of such costs.
SECTION 12 GENERAL PROVISIONS.
12.1 ENFORCEMENT. The- Association, or any owner, shall have the
right to enforce, by any proceeding at law or in equity, all restric-
tions, conditions, covenants, reservations, liens, and charges now
or hereafter imposed by the provisions of this Declaration; other
parties to specific sections shall have the same right of enforcement
as to such section. Failure by the Association or by any owner or by
other specified parties to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so
thereafter.
12.2 AMENDMENT. The covenants and restrictions of this Declaratio
shall run with and bind the land, and shall inure to the benefit of and
be enforceable by the Association, or the owner of any lot subject to
this Declaration, their respective legal representatives, heirs,
successors, and assigns, for a term of twenty (20) years from the date
this Declaration is recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10)
The covenants and restrictions of this Declaration may be amended
during the first twenty (20) year period by an instrument signed by
not less than ninety (90%) per cent of the lot owners, and there-
after by an instrument signed by not less than seventy-five (75%) per
cent of the lot owners. Any amendment must be properly recorded. No
amendment shall amend Subsection 12.2.
Notwithstanding the provisions of this Section 12.2, this
Declaration may be amended by a writing signed only by the
Declarant, provided such amendment is required by either the
Secretary of Housing and Urban Development, the Veteran's Adminis-
tration, the Federal Home Loan }1ortgage Corporation or the Federal
National Mortgage Association to make the properties eligible
for mortgage financing or insurance.
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SEVERABILITY. Any part of this agreement held to be inoperative
shall be severable and is to be severed, and such inoperative part
shall not affect the remaining portions, which shall continue in-
full force and affect as if the severed parties had never been in-
cluded herein.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein,
has hereunto set its hand and seal this 29th day of August, 1973.
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NATIONAL HOMES CONSTRUCTION
CORPORATION
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By: 1'lt1/ /:9, Cf1UL-
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Attest: <-), :,/,,; ,/, /,...k.. -'- C. ''"'-.. -'-.----
Ruby FJI House, Asst. Sec.
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STATE OF INDIANA
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COUNTY OF TIPPECANOE
Before me, the undersigned, a Notary Public in and for said
County and State this 29th day of August, 1973, personally appeared
John B. Conley and Ruby F. House, personally known to me to be the
President and Assistant Secretary of National Homes Construction
Corporation, who, as such officers for and on behalf of said
corporation, and acknowledged the execution of the foregoing in-
strument.
\vITNESS my hand and Notarial Seal the day and year first
above written.
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P6TRJCiA A. I,icKlIiilW'Notary Pl:lb1fc/. '.J.-.l..., ....~ ~(
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My Commission Expires:
My Commission Expires Oclober 19, 1976
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EXHIBIT "A"
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Wildwood, a planned unit development, section 33,
town5~ip 20 South, range 30 East, Winter Springs, Florida,
Seminole County, Florida: Begin at the Northeast corner of
Lot 21, Block "C", D. R. Hitchell Survey of the Moses E. Levv
Grant, Recorded in Plat Book IIl", Page "51l, public records of
Seminole County, Florida, said corner also being the N. W.
Corner of Lot 19, Block 1131", North Orlando Ranches, Section
14, Recorded in Plat Book IIl31t, Pages 49 and 50. Public
records of Seminole County, Florida, said corner also lying
on the Southerly right of way line of Shepard Road. Thence
S.- 050 58' 3611 W, 1860.76 feet along the East line of Lot 21,
Block "C", of said D. R. Nitchell Survey of the Hoses E. Levy
Grant, thence S. 830 08' 22" W, 1130.34 Feet to the Westerly
line of the Florida Power Corporation right of way;- thence N.
100 00' 30" W, 1241.73 feet along the Westerly line of said
Florida Power Corporation right of way; thence N. 630 57' 34"
W, 276.42 feet along said right of way; thence N. 260 02' 26"
E, 310.10 feet to the point of curvature of a curve concave
Northwesterly, having a radius of 175.00 feet and a central
angle of 290 59' 46"; thence run Northerly 91.62 feet along
the arc of said curve to the point of tangency; thence N.
030 57' 20" W, 166.02 feet to the Southerly right of way line
of Shepard Road; thence N. 860 02' 40" E, 1646.50 feet along
the Southerly right of way line of Shepard Road to the point
of beginning, containing 60.58 acres.
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WILDWOOD HOMES, INC.
P.O. Box 3486
Winter Springs, FL 32708
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SEP 1 51983 -FlhL",_~.__ C~~..:__
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RECEIVEQ
September 12, 1983
Mr. Sam Smith, Building Inspector
City of Winter Springs
400 North Edgmon Avenue
Winter Springs, FL 32708
Dear Mr. Smith:
Please be advised of the following:
1. The Wildwood Homeowners' Association has formed an Architectural
Review Board (ARB). They will review all requests for building
permits.
2. We have established guidelines to follow so that we have conform-
ity in our development.
3. All requests for permits will be signed by the Association pres-
ident after review by the ARB. We ask you and the City of Winter
Springs not to approve any permits unless the plans, sketches or
requests have the approval signature of the Association president
affixed to them.
sw~
Samuel A. Longo
President
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Attachment
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WILDWOOD HCMES, INC.
P.O. Box 3486
Winter Springs, FL 32708
ARCHITECTURAL GUIDELINES
I. PURPOSE OF GUIDELINES AND CHARACTER DESIRED
A. Purpose
The purpose of these design guidelines is to provide visual control
and protect the character and integrity of the Wildwood Community.
The desired result is the maintenance of high property values and
the provision of a pleasant livable environment for all residents.
B. Character
The community character desired can be expressed in terms of the
natural setting, manmade developments and overall maintenance.
Regarding maintenance, the character desired is simply one of gen-
eral good housekeeping and well-maintained properties, free of
untidy clutter.
I I. ARCHITECIURE
A. Style
1. All building plans and elevations are to be reviewed by the
Wildwood Architectural Review Board (ARB).
2. No specific architectural style is required. All styles should,
however, be well suited to the continuity of the surrounding
setting.
B. Materials
1. All exterior materials are to be reviewed by the ARB.
2. The number and variety of exterior materials should be limited
such that the design is perceived as a unified whole rather than
a busy display of materials.
C. Colors
1. All exterior colors are to be reviewed by the ARB.
2. Colors are to be rustic earth tones compatible with the setting
of the subdivision.
3. All bare metal attachments on any visual exterior must be painted
to conform with exterior colors.
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Architectural Guide~~nes
Page Two
D. Air Conditioning
1. No window air conditioners will be allowed unless installed
in the rear or side of the home and properly screened from
neighbors.
E. Carports
1. Cluster home residents may not enclose their carports.
2. Single family residents may not alter the exterior "garage"
appearance if they utilize their garage for living purposes.
III. SITE PLANNING
A. Site Plans Required
Site plans for each building lot, pool and spa/hot tub are to be
reviewed by the Wildwood ARB.
B. Building Setbacks
1. Building setbacks for typical lots are to be as follows:
a. Front yard:
b. Side yard:
c. Rear yard:
25 feet
10 feet
20 feet
2. If deemed desirable, the ARB may vary building setbacks for
smaller lots by granting a special exception.
C. Fencing
1. All plans for fencing and screenIng are to be reviewed by the
ARB.
2. All fencing shall be wood. No chain link fencing is allowed.
3. Pool enclosure screening is to be gray or black. Green or
ilver screens will not be allowed.
4. All clotheslines, sheds, boats, campers, trailers and unreg-
istered vehicles are to be screened from view of the public
by fencing.
IV. LANDSCAPING
A. Preservation of Existing Trees
All trees larger than six inches caliper are to be preserved un-
less they directly interfere with building construction. No trees
larger than six inches caliper may be removed without permission
of the ARB.
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Architectural Guideline~
Page Three
B. Planting and Paving
1. Use of color rock surfacing or paving in place of living
plants will not be allowed.
2. Lawn ornaments must be approved by the Wildwood ARB.
3. Driveway paving is to be neutral colors.
V. APPLICATION, PROCESSING AND APPEAL
A. Application
1. No improvements of any kind, and no external alterations,
additions or changes shall be made until an application, in-
cluding plans and specifications for such improvements, has
been submitted to the ARB and approved by it in writing.
2. .An application shall consL t of the required plan review fee,
plus two complete sets of plans, specifications, plot plans
and any other material required by the ARB to fully describe
the proposed improvements.
B. Approval
1. Upon receipt of a complete application, the ARB reviews and
approves (or disapproves) the application in writing, regard-
ing its satisfaction of these guidelines, and as to:
a. Quality of design, workmanship and materials.
b. The harmony of the external design.
c. Location is relation to surrounding structures, topography
and finished grade elevations.
2. When approved, one set of plans and specifications shall be
returned to the applicant marked "Approved", and giving the
date of approval.
C. Appeal
1. A decision of the ARB may be appealed by the applicant In
writing, to the board of directors of the Association.
2. The board will consider the appeal, and may affirm the action
of the ARB or make such other determination as it deems appro-
priate under the circumstances.
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Architectural Guidel1fies
Page Four
PLAN REVIEW FEE Sa-mDULE
A. Single Family Housing
For each total set of plans, including site plan:
B. Cluster Units
For each total set of plans, including site plan:
C. Improvements
Including fencing, pools, spas/hot tubs, screen
rooms, or any other external alteration:
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$15.00
$40.00
No Charge
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STATE OF ~~<ORIDA~
DEPARTMENT. OF STATE ~.:~.r\~l .~-.~ \0
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WILDWOOD HOMES, INC.
P.O, Box 4016
Winter Springs, FL 32708
April 21, 1986
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Mr. Sam Smith
Building Inspector
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
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Dear Sam:
Please give Dottie Metcalf the authority to approve and sign all
building requests from homeowners in Wildwood subdivision.
President
tiel
. vid S. Wainwright
Vice President
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Cindy G ell
Treasu r
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J dith Montross
Secretary
w,Idtt.104d (~ ~(.s)
It-;t3 ,.;f.p
D ttie Metcalf
ARB Chairperson
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Tallahassee, the Capital, this the
14th day of
August,
AD., 1973.
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SECRETAR OF ~E "J"--v
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ASSOCII~TIO:l
(A Corporation Not for Profit)
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Th8 und8rsigned incorporators, desiring to form a
orporation (hcrein.).Eter referred to as the "Corporlltion")
n conplianco \-li th the requircn.,mts of Cha?ter G17 of the
lorida Statutes, e~~ecute the follo.",ing Articles of Incorporation.
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.' ; . . Tho nnm~ of: the corpo!~~\tion if) Hil<hlood Hor:'.8s, Inc.,
creinafter c~111ed the If.l\suo..c.i..::l!;.lon ft.
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AR7ICL}~ II
The princip.:\l office of t..hc Association is located at
!ational Hornes ConGtruction Corporation, P.o. Dra\.;er 9GOO,
-il~vood, Florida, 32750, and it ~ay hnV3 officG~ in ot~cr citic3
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f the State of Florida and other stutos of the United States of
m~rica 8S may be determined by the Board of Diroctors.
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ART!CLg III
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NormZtn Harris, \-1hosc 5treet addross is 907 Lakevicw
rive, Hinter Springs, Florida 32707 and Hhosc mailing andress
s P.O. Drmver 9600, LongvlOod, Florida 32750, is hereby appointed
ho initial registered ag<.;'".!nt of this As.sociation.
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ARTICLE IV
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PURPOSE AND POHER:..1 OF TIlE l'~SSOCIATION
This Association dOC3 not contemplate pecuniary gain
to the members thereof, and elC specific purposcs for
vhich it is formod are to prov!.~~....f.~.r main tonance, preservation
d architectural control of tl1e residence Lots and Connon Area
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wi th:~_n that ccrti.:!.i:1 tr.:tct. of propcn:ty dQ~crlbod as: llilchlQOd,
an a~dition in Sc~unolG County, Florida.as p~r ~~c plat rocorued
Plat Book 19,
<13 Docu;'~nt ~~r;tC 7,8,9 L.1.0in th~ offic~ of th~ Recorder of
Semnole :ounty, Ploric<l,. ar.d to p!:o:~ot() the h~ulth, e.:lEety and
l-lelfn.:.c of tho rcsi<lnnt~ vii t.hin ,t.'l-te CiboVG cbscrihod pror-.~rty
and i!ny llJ..1i ti.ons thcroto a!1 may hc:r.:Jr:....ftcr h~ brought within
the jurisdlction of t:'1is l..::'3ociatlon by ~nm~y.atlon, no p:c:::>vldc<1
(a) eXClrclsa all of: tho pO'.'"()i:D u!1<;t privilege!; and to
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in Article XI h~rein, and for this pUr.pOBC to:
porfol."1'.l all of tha dutieg and Obligations o-Z tho AGsocL:rtto!1 ~s
sat. forth in that c~rt:.:1.in Daclarution of CO\T,:mnnts, Con(E tion8
and RCGtrictiont3, hcreinafb3r ct:llled tho "DCclc.~'ation tl I ar)plic~-
hIe to tho prop.'?rty and. recordGd or to be recordod in the Offic3
or: th~ Recorder of Seminole Cou.~).ty, Plor1.da and ns t~o ~;~n~0 T:'lay
be a~1enc10:J from t~-~-.3 to tii;1~ as th(~r'.:d\1 p=::-ovided, said
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(b) flx; lev':;, ccll(;ct. aIld on[orcq D}:lYTiJ,~nt by .:lIlY
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!}.:;claration being .i nCOl:por.:ltocl hc:coin a~ if ~et forth at lengt.l1;
1~~'.vf41._~Iil:l.a.n.s., all chargo!'; or aGsossm,::mts plU."SUilnt to t.h0 tcrf'1.:1
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of tho ~Doclaration; to pay all exponsc~ in connection th0rc~1i th
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and all offico and ot..~cr expr:nscB incic12nt to the conduct of
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tho bu:?dnOB!l of tl1G Association, including nIl licenses, taxe3
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or gov~mn~}nt(:11 chm:goG levied 01: ii.l:?(J~Jed agalnst the property
of the AstJociation:
(c) acquire (by gift, purchase or othcr'lTi30), o~'m,
1mprovo I build upon, op:~rate, J'!V:lintain, convay, acll,
leasG, trans for, d~dicat~ for public use or othC~Jisa disposa
f rOll! or persOnal proparty in connectIon with the affairs of
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J\.gsociation;
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(d) borro\-1 money I to !:~0rt<JaCJ(1, pledge, deed in tr\.l:i t,
or hypothecate any or all of its ro~l or por3onal prop~rty as
seclrrity for ~ney borrowed or Gobts incurr.ed; and
> (0) . hava and to cn:~~rci~;1} any a'1.d all pouers I rights
and privileges which a corrNration orqanized Q~der the Non-
Profit Corporation Lnw of the State of Florida by law nQY no~
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or hereafter ha~~ or
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AP.TICI.E V
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rtF;~.mr:I{S nIP
_EY~El...~;iE~PI2,or entity Hho in a record o\'lncr of a fee
or undivided foe inb-:rcst in any Lot uhich 18 subject by
COvonantg or record to a~..HOSSI;]'~nt by til,::! hJf:>ociZltion, inclucUn<;
contract nellers, shall'be a D.'..C;abcr of tho Associntion. The
IiIIoilIoo.- ",. .-.;.,..'"'..........'~._."M.,.."'. "__" '. "., < ',O"',_d '. '\
foregoing is not inb:~nc1cc1 to include pc:r:~ont; or entit5.oG Hho
hold an int~rcst merely as socuri ty for the pcrfon::nncc of an
oblign.tion.
No O~'1l10r srlnll hrrvc more than one mam..':lcr5hip.
' '"-....-...:~~"lt'., '-'-='''_.....__,.~~.._ '111~-~- Tli>. T'f
Mcmberl-3hip ohall be appurtenant 'to and may not be sl1parato<'l
from O\.mership of nny Lot which is subject to assessment by
the Ansociation. Ownership or S~L9Lsh;1' 1 ~ba-.the.....!.lo.JA_
quali fication for ~?!~,~r::sh;1J?~.
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An.T!eLE VI
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. SUBSCIUBERS
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:The nat~g and residences of the founuers nnd the
subscrib~rs .to these articles ar.'J:
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NPJ1E
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RESIDBNCE
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Jimmy Rogers
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P. O. Drawer 9600
Lon<y:lood, Florida 327Sa
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. Norman lIarris
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P.o. Drawer 9600
LonS"o.;ood, Florida 32750
P. O. Drawer 9600
Lon~yood, Florida 32750
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Carol Don tempo
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ART I CL:8 VI I
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OFFICERS
Section.l. The officers of the corporation shall
be a President, such n~bcr of Vice Preaid8nts, a Secretary,
a Troasurer, and such other offic8rs uS may be provided in
the byl.J.V1S.
OPFICE
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Section 2. The na~es of the persons who are to serve
as officers of the corporation tmti1 the first rnecting of th~
Board of Directors are:
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President
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Norman Harris
Vice Presidont
Jim-:ny Rogers' -
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Secretury/Trcasurcr
... - Carol Bontcrnpo
Section 3. Th~ officers shall be elected at the
annual loocting of the Board of Directors or as provided in
the bylao;'ls.
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ART ICr"E VIII ", ~,J. .'
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vorrING RIGHTS ~. ',: . 1
membership:
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The association shall have two classes o~/voting
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Class A. Class A n~Iooors shall be all those
o-..mers as defined in Article V ",ith the exception of the
Declarcmt. Class A membors shall be entitled to 'one vote for
each Lot in \'1hich they hold the interest required fo-r Inemership
by Article V. When nero than one person holds such interest in
any Lot, all such persons shalX bo members. The vote for such
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Lot shall be exercised as they among themselves determine, but
in no event shall more than one vote be cast \dth respect to
any Lot.
Class B. The Class B mombers shall be the
Declarant (as defined in the Declaration). The Class B members
shall be entitled to three (3) votes for each Lot in which it
holds the interest required for membership by Artiole V, providod
that the Class B membership shall cease and be converted to Class
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A ffi3mbership on the h~pponing of eithor of the following e\~nts,
whichever, occurs earlier: ,-
- ~-~ ", Co.} l\?hen tho totCll votos outstaTlding in the Class
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A mBruJcrship equal tho total votes outstunding
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in tho Class B ffi9mbarship; or
Cb) on Decc~bor 31, 1977
- ARTICLE IX
BOARD OF DIlillCTORS
The affairs of this Association shall be man.:!.ged by a
Board of nine (9 >. Directors, ~lho nC'3d not b~ m2!Pbers of the
Association. Ti10 nU1;b'.::!r of diroctors ffi:1.Y be changed by amend.-
n1C~nt of the nY-Lo.~;-lS of the AS3ociation. The nCll~les and ndc1resses
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of tho persons who are to net in thG cupncity of directors until
the selection of thoir SUCC0ssors are:
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F....')DRESS
Nornmn Harris
P. o. Drcn17er 9600
. Lon9\'.'ooci, Florida 32750
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John B. Conley
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Overton c. Harber
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, . Rodney L. Jacobs
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,30 r.1ulberry Court
Lafayette, Indiana 47905
a.';
440 Glencourtney Drive
Atlanta, GQorgia 30328
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2129 Platt Drive
Lafayett~, Indiana 47905
Ral~ond J. Lemnclnan
3547 S., Road 100 East
Lafayette, Indiana 47905
Brian Hcinstock
300 Valley Street
Lafayette, Indiana 47905
30 Cedar Dri vo
Lafayette, Indiana 47905
3516 MulberrJ Drivo
Lafayette, Indiana 47905
623 Rid(j'C!\'lood Drive
W; Lafayette, Indiana
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James c. Noolery
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David n. Price
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At the fir:Jt annu<ll nCJotinl] the m:3inbers shall elect
throe directorn for a term of one year, three directors for a
term of tvlO years - e..:'.'ld three directors for a term of three years;
ARTICLr~ X
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and at each annual rneetin.g thereafter the rl1err.bers shall elect
three direotors for a term of three years.
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Lli'J'HLI?IES
The highest aTflount of indebtec1n0S~; or liability, direct
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one time shall not exceed $500.00 while there is a Clasg B
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or contingent, to 'Vihich this Association rn.ay be subject at any
mcuiliership, and thereafter shull not o):ccea. 150 percent of its
income for the previous fiscal year, E!-ovioccl-that additional
amounts may be authorized by the a.ssont of tr,'lO-thirds (2/3) of
the membership.
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AR'.rICI..E XI
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ANNEXATION OP ADDlr.i.'IONAL PROPERTIES
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Tho Association may, at any timG, annex
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additional residential properties and comr~on areas to the
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Properties describcd.in Article IV, and so add to its m~mbGrship
under the provisions of Article V,. providc~d that any ,such annex.-
ation shall have the assent of: hlo-thirds (2/3) of the entlre
Class A merrbership and blO-thirc1s (2/3) of the entire Class B
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membership, if any.
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incorporation of ~~is Association, the Declarant should develop
additional lands within the '~~ea describod in Plat Dook 7, page
83, of the Records of the Recorder of Seminole Cotmty, Florida,
such additional lands may be annexed to said Properties without
~~e assent of ~~e Class A merrhers, provided however, that the
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developr.l3l}t of the ad.ditional lands described in this section
shall be i~ accoru~nce with a gGneral plan subrrdtted to the
Federal Housj ng AdJ'1inistrati.on and the Vetcra!13 l\.dI'tinistration
\./i th tho processing papers for the first section. Detailed
plans for the dcv310pn1:<2nt of additional lands mus.t be submi ttcd
to the Federal HOusing Administration and the Veterans Adain-
istration prior to such development. If either the Federal
Housing Administration or the Veterans Ad..rninistration determines
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that such detailed plans are not in accordance with the general
plan on file and such agency or agencies so advises the
Association and the Declv.rant, the development of the addi tiona!
lands must have the as~;cnt: of two-thirds (2/3) of the Class 1\
members \-Iho ara voting in person or by proxy at a meeting duly
called for this PUt"pose, "'ri ttcn notice of ",hich shall be sent
to all members not less than 30 days nor hlore than 60 du.ys in
advance of the meeting Gotting forth the purpose of the m3eting.
At this meeting, the presence of members or of proxies
entitled to cast sixty percent (60%) of all of the votes of the
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Class A memborship shall consti tute a quorum. If the required
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quorUIll is not forthcoming at any meoting, another meeting may
be called, subject to the notice requirement set forth above,
and the required quorum at any such subsequent meeting shall
be one-half of the required quorum at the preceding meeting.
No such subsequent meeting shall bo held more than GO days
fOllowing the pr~ccd.lng meeting.
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ARTICLE XIX
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HERGERS AND CONSOLIDATIO::~S .,
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,To. the extent parmi tted by la~", the Association rn.~y
participate in mergers and consolidations \'l! th .other nonprofit
corporations_orga.'1izcd for the sam3 purposes, provided ~ any
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such merger or con3olidation ohall hiHrC the aBsent of t~....o-third!3
e2/3) of the entire Clas!3 A rnenJ)~rship and two-t:hlrdg (2/3) of
the entire Class B mcwbership, if any.
ARl'~CLE XIII
AU'TIIOIUTY TO I10RTG\GE
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Any rr.ortgago by the Association of the Cornmon Area
defined in the Declaration shall have the nSGcnt of two-thirds
(2/3) of the entiro Class A membership and t'\-lo-thirc13 (2/3) of
the Class B men~crDhip, if any.
ARi'ICI,E XIV
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AUTHOJU'l'Y TO DE:DICl\.fl'E
The Arisociat3.on shall have power to dedicate, sell or
trans fer all or any part of the Comn:on 2\reu. to any public agQncy,
authority, or utility for such purposes and nubject to such
. conClitions as may be agreed to by tho members. . . No such dcdicatio
or transfer shall be effective unless an instruI!ient has been
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signed by met~3rs entitled to cast two-thirds (2/3) of the votes
of the entire Class A membGrship and t\1o-thirds (2/3) of the
entire Class D membership, if. any, agl,'eoin<J to such dedication,
sale or transfer.
AR'rlcr...E A'V
DISSOLU'l.'ION
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. The Association may be dissolved with the assent given
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in v.rriting and signed by not less than t",'o-thirds e2/3) of the
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entire Class A membership and blO-thirds (2/3) of the entire
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the assets, both real and personal of the Associ.a.tion, shall be
dodicated to an- appropriate public agency to be devoted to
pur120ses as nearly as practicable the same as thOse to 1;\'hich they
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were required to bo devoted by the A5soci~tion. In tho event
that such dedication is refused acc2ptanCG, such assets shall
be granted, conveyed and assigned to any nonprofit corporation,
association, trust or other organization to be devoted to
purposes and uscs that \,]ould most nearly reflect the purposes
and uses to .~lhich they \'lere required to be devoted by the
Association.
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ARTICLE XVI
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DUHJSION
The c_orpor~1..tion shall e:d.~t p'2.~et~.
ARTICLE XVII
HEETINGS FOR 2l~CTIOl1S GOVEmmn BY ]\RTICLES X THROUGH XV
In order to take action under 1\rticles X through XV,
there must be a duly held m3eting. Written notice setting forth
the purpose of the rr~eting shall b0 giv~n to all membcr3 not lCSG
than 30 days nor !t10re than 60 days in advance of the meeting.
The presence of members or of proxies' entitled to -'cast sixty
percent (60%) of the votes of each clasS of membership 5h<11l
constitute a quorwn, except for Article XI, section 2, where
the quorum requirement is specificallY set forth. .- If tho rcqul't""cd;
quorum 1a not. fo:ct.hcoming at any rn.ceting, another meeting TIk"1Y be
called, subject to the notice requirem~nt set forth above, and
the required quorum at such nubscquGnt meeting shall be one-half
of the required quorum of the preceding me~ting. No such
subsequent meeting shall be hold more than 60 days following the
preceding meeting. In the event that two-thirds (2/3) of the
Class A membership or t~u-ti1ird9 (2/3) of the Class B membership,
if any, are not present in person or by proxy, members not
present may give their written assent to the action taken
thereat.
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IN HI'l'NESS HEEREOF, for. the purp8n.~ of fOri;)ing thi~
orporation \L"1dor th'3 la~:s of the State of Florida, '\i~, the
Q'3rsigned, constitl1tinq the incorporation of this l\3sociation,
Articlos of Inco~)oration this )
day of
lJ/1J., , 1973 .
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CARCYL......nO-~Ti'i~;it).6>---~-7~------
L'~
TATE OP FLORID1\.
01~ ~'ro..!M( ~
BefOl:'e me, tho undorsigned Not<'l.ry Public, dnly
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uthorized in the State and COUi1.ty na!1.lcd aboV'~ to take
fCknO\'lled9men ts, personally appeared Noru ti\N HARRIS, JrrW ROGSRS,
rnc1 CAROL BONri'EJlIPO, to 1n8 known to bo the pcr:>ons d,~scl.'ibud as
jrlIDsCrlbers in 2lnd who cxc".!cuted the foregoinq' Z\rticlco or
I~ncorporation of WILmrOOD no:.ms, Inc., (A Corporation ~rot for
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i?rofi t), and they acknm"lcdgen before me that th€:y executed
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;Iand nubscribed to these Articles of Incorporation..
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aforosa.id t..his
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and official seal in the County and
day of ~lC{(~ ,
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~~, ~~-
~ary{ Public, Stato of F'lorh\<l
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WITnESS my .hand
:S ta to
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1973.
1"'1 Cor~nission Expiresl
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.... <-......;,.:_ E..:p:,.l Apr:! 17, \977
l~..w I., ....""'...011 fir. .. ea..>ohr c..
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BY-LAHS
OF
WILDWOOD HOMES INC.
ARTICLE I
NN1E AND LOCATION.
'1'he name of the corporation is l'JildvlOOd
Homes, Inc., hereinafter referred to as the "Association". The
principal office of the corporation shall be located at
but meetings of members and directors
may be held at such places wj.thin the State of Florida, County of
S~ninole, as may be designated by the Board of Directors.
ARTICLE II
DEFINITIONS
Sect.ion 1.
"Association" shall mean and refer to "Jilchrood Homes,
Inc., its successors and assigns.
Section 2.
"Properties" shall mean and refer to that certain
real property described in the Declarat.ion of Covenants, Conditions and
Restrictions, and snch acldi tions trJereto as may hereafter be brought
wit.hin the jurisdjction of the Association.
Section 3.
"Common 11J:-ea" shall mean all real property Q\.med by
the Association for the COIT,nlon use and enjoyment of the members of the
1...s socia tions.
Section 4.
"Lot" sh~ll m(.'an and refer "co any plot oE land S;-Jc.,m
upon any recorded subdivision map of the Properties vith the exception
of the Common Area.
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section 5.
"Member" shall mean and refer to every person or
entity who holds a membership in the Association.
section 6.
"O\'lner" shall mean and refer to the record Q\.mer,
whether one 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 7.
"Declarant" shall mean and refer to National Homes
Construction Corporation, its successors and assigns if such
successors or assigns should acquire more than one undeveloped Lot
from the Declarant for the purpose of development.
section 8.
"Declaration" shall mean and refer to the Declaration
of Covenants, Conditions and Restrictions applicable to the Properties
recorded in the Office of County Recorder of Seminole County, Florida.
ARTICLE III
HEfilBERSHIP
Section 1. MembershiE' Every person or entity who is a record
owner of a fee or 1J.Ildivided.fee interest in any Lot which is subject
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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. No Owner
shall have more than one membership. ~lembership shall be appurtenant
to and may not be separated from ownership of any Lot which is subject
to assessment by the Association. Ownership of such Lot shall be the
sole qualification for membership.
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Section 2.
Susnension of Membership.
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During any period in
which a member shall be in default in the payment of any annual or
special assessment levied by the Association, the voting rights and
right to use of the recreational facilities of such member may be
suspended by the Board of Directors until such assessment has been
paid. Such rights of a member may also be suspended, after notice
and hearing, for a period not to exceed thirty days, for violation of
any rules and regulations established by the Board of Directors
governing the use of the Con@on Area and facilities.
ARTICLE IV
PROPERTY RIGHTS: RIGHTS OF ENJOYHENT
Section 1. Each member shall be entitled to the use and
enjoyment of the Common Area and facilities as provided in the
Declaration. Any member may delegate his rights of enjoyment of the
COlnffiOn Area and facilities to the members of his family, his tenants
or contract purchasers, who reside on the property. Such member shall
notify the secretary in writing of the name of any such delegee. The
rights and privileges of such delegee are subject to suspension to
the same extent as those of the member.
Section 2. Irrespective of the fact that Section l(b) of Article
V of the Declaration gives the Association the right to change reasonable
admission and other fees for the use of any recreational facilities
situated upon the Common Area, this right shall not be exercised as to
members for a period of five years from the date of the recordation of
the Declaration, and after this period, only upon written approval of
two-thirds (2/3) of the entire Class A membership.
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ARTICLE V
BOARD OF DIRECTORS: SELECTION: TERH OF OFFICE
Section 1. Number. The affairs of this Association shall be
managed by a Board of nine (9) directors, who need not be members of
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the AssQcia,tion.
Section 2. Election.
At the first ~nnual meeting the members
shall elect three directors for a term of one year, three directors for a
term of two years three directors for term of three years; and at
each annual meeting thereafter the members shall elect three directors
for a term of three 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. ComE.ensation. No director shall receive compensation
for any service he may render to the Association. However, any director
may be reimbursed for his actual expenses incurred in the performance
of his duties.
Section 5. Action Taken Ivithout a Meeting. The directors shall
have the right to take any action in the absence of a nleeting 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 VI
~illETINGS OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board of
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Directors shall be held monthly without notice, at such place and hour
as may be fixed from time to time by resolution of the Board. Should
said meeting fall upon a legal holiday, then that meeting shall be
held at the same time on the next day which is not a legal holiday.
Section 2. ~Eecial Meetings. 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.
A majority of the number of directors shall
Section 3. Quorum.
constitute a quorum for the transaction of business. Every act or
decision done or made by a majority of the directors present at a
duly held meeting at which a quorum is present shall be regarded as
the act of the Board.
ARTICLE VII
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board of
Directors shall be made by a Nominating Committee. Nominations may
also be made from the floor at the annual meeting. The Nominating
Committee shall consist of a Chairman, who shall be a member of the
Board of Directors, and two or more members of the Association. The
Nominating Committee shall be appointed by the Board of Directors
prior to each annual meeting of the members, to serve from the close
of such annual meeting until the close of the next annual meeting
and such appointment shall be announced at each annual meeting. The
Nominating Committee shall make as many nominations for election to
the Board of birectors as it shall in its discretion detefmine, but
not less than the number of vacancies that are to be filled. Such
nominations may be made from among members or non-members.
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Section 2. Election. Election to the Board of Directors shall
be by secret written ballot. At such election the members or their
proxies may cast, in respect to each vacancy, as many votes as they
are entitled to exercise under the privisions of the Declaration.
The persons receiving the largest number of votes shall be elected.
Cumulative voting is not permitted.
ARTICLE VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
(a) adopt and publish rules and regulations governing the
use of the Corunon Area and facilities, and the personal conduct
of the members and their guests thereon, and to establish
penalties for the infraction thereof;
(b) suspend voting rights and right to use 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 ninety (90) 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 member of the Board of Directors
to be vacant in the event such member shall be absent from three
(3) consecutive regular meetings of the Board of Directors; and
(e) employ a manager, an independent contractor, or such
other employees as they deem necessary, and to prescribe their
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duties.
section 2. Duties.
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 at 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 Class A members who are entitled to vote;
(b) supervise all officers, agents and employees of this
Association, and to .see that their duties are properly performed;
(c) as more fully provided herein, and in the Declaration,
It shall be the duty of the Board of
to:
(1) fix the amount of the annual. assessment against
each Lot at least thirty (30) days in advance of each
annual assessment period, as hereinafter provided in
Article XII~ and
(2) send written notice of each assessment to every
Owner subject thereto at least thirty (30) days in advance
of each annual assessment period;
(3) foreclos~ the lien against any property for which
assessments are not paid within thirty (30) days after due
date or bring an action at law against the owner personally
obligated to pay the same.
(d) issue, or to cause an appropriate officer to issue, upon
demand by any person, a certificate setting forth whether or not
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;
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(e) procure and maintain adequate liability and hazard
insurance on property owned by the Association as well as
workmen's compensation insurance;
(f) cause all officers or employees having fiscal respon-
sibi1ities to be bonded, as it may deem appropriate;
(g) cause the Common Area to be maintained; and
(h) keep a record book on all mortgaged lots and the name
and address of the Mortgagee;
(i) notify said mortgagee if assessment has not been paid
within thirty (30) days.
Section 1. The Association shall appoint an Architectural
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Control Committee, as provided in the Declaration, and a Nominating
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CO!@littee, as provided in these By-Laws. In addition, the Board
of Directors shall appoint other con~ittees as deemed appropriate
in carrying out its purposes, such as:
(a) A Recreation Committee which shall advise the Board
of Directors on all matters pertaining to the recreational program
and activities ,of the Association and shall perform such other
functions as the Board, in its discretion, determines;
(b) A Haintenance Committee which shall advise the
Board of Directors on all matters pertaining to the maintenance,
repair or improvement of the Properties, and shall perform such
other functions as the Board in its discretion determines;
(c) A Publicity Committee which shall inform the members of all
activities and functions of the Association and shall, after con-
suIting with the Board of Directors, make sure public releases and
announcements as are in the best interests of the Association; and
(d) An Audit Committee which shall supervise the annual
audit of the Association's books and approve the annual budget and
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statement of incoMe and expenditures to be presented to the
membership at its regular annual meeting, as provided in Article
XI, section B(d). The Treasurer shall be an ex officio member
of the Corr~ittee.
Section 2.
It shall be the duty of each committee to receive
complaints from members on any matter inv~lving Association functions,
duties, and activities within its field of responsibility. It shall
dispose of such complaints as it deems appropriate or refer them to
such other con@ittee, director or officer of the Association as is
further concerned with the matter presented.
ARTICLE X
MEETINGS OF MENBERS
Section 1. Annua.l Heet~ings. The first annual meeting of the
members shall be held within one year from the date of incorporation
of the Association, and each subsequent regular annual meeting of the
members shall be held on the same day of the same month of each year
thereafter, at the hour of
o'clock, P.M. If the day for the
annual meeting of the members is a legal holiday, the meeting will
be held at the same hour on the first day following which is not a
legal holiday.
Section 2. Special Meetings. Special meetings of the menmers
may be called at any time by the president or by the Board of Directors,
upon written request of the members who are entitled to vote onc-fourth
(1/4) of all of the votes of the entire membership or who are entitled
to vote one-fourth (1/4) of the votes of the Class A membership.
Section 3. Notice of Ncetings. Written notice of each meeting
of the members shall be given by, or at the direction of, the secretary
or person authorized to call the meeting, by mailing a copy of such
notice, postage prepaid, at least l5 days before such meeting to each
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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 notice. Such notice shall specify
the place, day and hour of the meeting and, in the case of a special
meeting, the purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members
entitled to cast, or of proxies entitled to cast, one-tenth (1/10)
of the votes of each class of membership shall constitute a quorum
for any action except as otherwise provided in the Articles of
Incorporation, the Declaration, or these By-Laws. If, however, such
quorum shall not be present or represented at any meeting, the members
entitled to vote thereat shall have power to adjourn the meeting from
time to time, without notice other than announcement at the meeting,
until a quorum as aforesaid shall be present or be represented.
Section 5. Proxies. At all meetings of members, each member
may vote in person or by proxy. All proxies shall be in writing and
filed with the secretary. Every proxy shall be revocable and shall
automatically cease ?pon conveyance by the member of his Lot.
ARTICLE XI
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of this
Association shall be a president and vice-president, who shall at all
times be members of the Board of Directors, a secretary, and a treasurer,
and such other officers as the Board may from time to time by
resolution create.
Section 2. Election of Officers. The election of officers shall
take place at the first meeting of the Board of Directors following
each annual meeting of the members.
Section 3. Term. The officers of this Association shall be
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elected annually by the Board and each shall hold office for one (1)
year unless he shall sooner resign, or shall be removed, or otherwise
disqualified to serve.
Section 4. Special Appointments. The Board may elect such other
officers as the affairs of the Association may require, each of whom
shall hold office for such period, have such authority, and perform
such duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed
from office with or without cause by the Board. Any officer may
resign at any time by giving written notice to the Board, the president
or the 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 in
the manner pres9ribed for regular election. The officer elected to
such vacancy shall serve for the remainder of the term of the officer
he replaces.
section 7. Multiple Offices. The offices of secretary and
treasurer-may be held by the same person. No person shall simultaneously
hold more than one of any of the other offices except in the the case
of special offices created pursuant to Section 4 of this Article.
section 8. Duties. The duties of the officers are as follows:
President
(a) The president shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board are
carried out; shall sign all leases, mortgages, deeds and other written
instruments and shall co-sign all checks and promissory notes.
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Vice-President
(b) The vice-president shall act in the place and stead of the
president in the event of his absence, inability or refusal to act,
and shall exercise and dischvrge other duties as may be required of
him by the Board.
Secretary
(c) The secretary shall record the votes and keep the minutes
of all meetings and proceedings of the Board and of the members; keep
the corporate seal of the Association and affix it on all papers
requiring said seal; serve notice of meetings of the Board and of
the members; keep appropriate current records showing the members of
the Association together with their addresses, and shall perform such
other duties as required by the Board.
Treasurer
(d) The treasurer shall receive and deposit in appropriate bank
accounts all monies of the Association and shall disburse such funds
as directed by resolution of the Board of Directors; shall sign all
checks and promissory'notes of the Association; keep proper books of
account; cause an annual audit of the Association books to be made by
a public accountant at the completion of each fiscal year; and shall
prepare an annual budget and a statement of income and expenditures to
be presented to the membership at its regular annual meeting, and deliver
a copy of each to the members.
ARTICLE XII
ASSESS~lliNTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments. By the Declaration each member is deemed to covenant and
agree to pay to the Association: (1) annual assessments or charges,
and (2) special assessments for capital improvements. The annual and
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by the Consumer pric'Index formula by a vote' the. members for
the next succeeding three (3) years and at the end of each such period
of three (3) years, for each succeeding period of three (3) years,
provided the. t any such change shall have the assent of blo-thirds (2/3)
of the votes of each class of members who are voting in person or by
proxy, at a meeting duly called for this purpose, written notice of
which shall be sent to all members not less than 30 days nor more than
60 days in advance of the meeting setting forth the purpose of the
meeting. The limitations hereof shall not apply to any change in the
maximum and basis of the assessments undertaken as an incident to a
merger or consolidation in which the Association is authorized to
participate under its Articles of Incorporation.
(c) After consideration of current maintenance costs and
future needs of the Association, the Board of Directors may fix the
annual assessment at an amount not in excess of the maximum.
Section 4. Method of Com~~ation When Using the Consumer Price Index.
The Consumer Pr.ice Index establishes the United States City Average
numerical rating for the month of July, 19___ as
This will
be the base rating. To determine the percentage to be applied to the
maximum annual assessment for each subsequent year, divide this base
rating into the numerical rating established by the Consumer Price Index
for the month of July preceding the proposed assessment year. This
adjustment percentage, if in excess of 100 percentum, is multiplied
by the original maximum annual assessment to obtain the maximum for the
subsequent year.
Section 5. ~ia1 Assessments for Capital ImDrovements. In
addition to the annual assessments authorized above, the Association
may levy in any assessment year, a special assessment applicable to that
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year only, for the purpose of defraying, in whole or in part, the cost
of any construction or reconstruction, unexpected repair or replacement
of a described capital improvement upon the Common Area, including the
necessary fixtures and personal property related thereto, provided that
any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of members who are voting in person or by proxy
at a meeting duly called for this purpose, written notice of which shall
be sent to all members not less than 30 days nor more than 60 days iD
advance of the mesting setting-forth the purpose of the meeting.
Section 6. Uniform Rate.
Both annual and special assessments
must be fixed at a uniform rate for all lots and may be collected on a
monthly basis. HOvlever, no land or improvements devoted to d\"elling
use shall be exempt from said assessments except that a).l assess~ents
must be fixed at a uniform rate for all Class I Lots and Class II Lots
as defined in the Declaration, although the assessments on all Class II
Lots shall be fixed at a rate of twenty-five per cent (25%) of the
assessment upon all Class I Lots.
Section 7. Quorum For Any Action Authorized Under Sections 3 and 5.
At the first meeting called, as provided in Sections 3 and 5 hereof,
the presence at the meeting of members or of proxies entitled to cast
sixty percent (60~) of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not forthcoming at any
meeting, another meeting may be called, subject to the notice requirement
set forth in Sections 3 and 5, and the required quorum at any such
subsequent meeting shall be one-half (1/2) of the required quo~um at
the preceding meeting. No such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
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Section 8.
Da' of COZT'JnenCement of l\nnUaPAssessments:
Due DCltes.
The annual assessment provided for herein shall cown.ence as to all Lots
on the first day of the month following the conveyance of the Comrnon
Area. The first annual assessment shall be adjusted according to the
number of months rewaining in the calendar year. 'I'he 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 at any time furnish a
certificate in writing, signed by an officer of the Association, setting
forth whether the assessments on a specified Lot have been paid. A
reasonable charge may be made by the Board for the issuance of these
certificates. Such certificate shall be conclusive evidence of payment
of any assessment therein stated to have been paid.
Section 9. Effect of Non-P~ent of Assessments: Remedies of the
Association. Any assessments which are not paid when due shall be
delinquent. If the Assessment is not paid within thirty (30) days
after the due date, the assessment shall bear interest from the date
of delinquency at the rate of seven percent (7%) per annum, and the
Association may bring an action at law against the owner personally
obligated to pay the same or foreclose the lien agains the property,
and interest, costs, and reasonable attorney's fee 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.
Section 10. Subordination of the Lien to Mortgages. The lien of
the assessments provided for herein shall be subordinate to the lien of
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any mortgage or ~ortgagcs. Sale or transfer of any Lot shall affect
the assessment lien. However, the sale or transfer of any Lot which
is subject to any mortgage, pursuant to a decree of foreclosure under
such mortgage or any proceeding in lieu of foreclosure thereof, shall
extingujsh the lien of such assessments as to payments thereof 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. ~xempt P~~erty., The follmving property subject to
the Declaration shall be exempt from the assessments created therein:
(a) all properties dedicated to and accepted by a local public authority;
(b) the Common Area; and (c) all properties ovmed by a charitable or non-
profit organization exempt from taxation by the laws of the State of Florida.
ARTICLE XIII
BOOKS AND RECORDS
The books, records, and papers of the Association shall at all times,
during reasonable business house, be subject to inspection by any member.
The Declaration, the Articles of Incorporation and the By-Laws of the Asso-
ciation shall be available for inspection by any member at the principal
office of the Association, where copies may be purchased at reasonable cost.
ARTICLE XIV
CORPORATE SEAL
The Association shall have a seal in circular form having within its
circumference the ,.,ords: Wildwood Homes, Inc., Florida and the ,.,ord "Seal."
ARTICLE XV
AMENDHENTS
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
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present in person or by proxy, except that the Federal Housing Administra-
tion or the Veterans Administration shall have the right to veto
amendments while there is Class B membership.
Section 2. In the case of any conflict between the Articles of
Incorporation and these By-Laws, the Articles shall control; and in the
case of any conflict between the Declaration and these By-Laws, the
Declaration shall control.
ARTICLE XVI
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day
of January and end on the 31st day of December of every year, except
that the first fiscal year shall begin on the date of incorporation.
IN WITNESS WHEREOF, we, being all of the directors of the
Association,
have hereunto set our hands this _ day of
, 19
STATE OF INDIANA
)
) SS:
)
COUNTY OF TIPPECANOE
Before me a Notary Public for said County and State, personally
appeared
and severally acknowledged the execution of the foregoing By-Laws.
WITNESS my hand and Notarial Seal this ____ day of
,
19
Notary Public
My Commission Expires
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CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting secretary of the Wildwood
Homes, Inc. Association, a Florida not-for-profit corporation, and,
THAT the foregoing By-Laws constitute the original By-Laws said
Association, as duly adopted at a meeting of the Board of Directors
thereof, held on the day of , 19____
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed the seal of said Association this ____ day of
19
Secretary
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