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HomeMy WebLinkAboutWoodstream , - ,..... "" L-/O /' r r- [~"qfFIW.l mo;~" ^_ 1315 0406 SEMINOLE CO. fl. DECLARATION OF COVENANTS, CO!'lDITlONS AND RES'fIUC'I'IONS FOR WOODSTREAH, PHASE I lEGIBILITY UNSA TiSfACIOiY FOR MICROFILMING KIlO\-! ^,LL :.lES BY TlIESE PRi::SENTS: '.;HEl,EA$, RICHARD E. KlSLP~G. lNC., II Florilla cO\'l>o\'ation is the o.,mer of n.sl prupd'ty locatcd in Seminole County, Fl(.rirl~. oC'!:cribed as folloHs, lo-wit: All of WOODSTREAH, PHASE I, according to the plat thereof as recorded in Plat Book)"Cf__, Page!lli!] B Public Records of Seminole County, Florida. WHEKEAS, Del/eloper rlcsin~s to provide for the l'rcs.:rvation nud cnlaanc('lncnt of t.he property values, amenities and opportunities in said cur.cnunity and for the \'i1aintcnance of the properties and improvement th.:reof, and to this end desires to subject the real property herein described to the covenants, restriction~, casements, chargeS and lien. hereinafter set forth, each and all of which is and are for the benefit of said property and each OHner thereof, and WHERf'_.a.S, 'Developer has JCl.'med it desh'able, for the. efficient preservation of the valuLs and amenities in said cOJr.;nunity, to create an agency to which should be delc(;ated ..nd assigned the pocrs of olo.'l1ing, mainta ining and ;ldllinilltering the community property and facilities and administering and enforcing the covenants :md restrictions and collecting and disbursing the aGs~ssments and charges hereinafter cre3ted, and promoting the recreation, health, safely and welfare of the residenu. NOW THEREFORE, in consideration of the premises, D~vp.loper does hereby declare the above described real property to b e subject to the foUoHing restrictionll, reservations, cov?nants and conditions binding upon said Dl,veloper and upon c3ch and every party whether individual, corporate or otlu.lrwlse, who or which !;hilll have any right, title or interest in said real properlY or any part llwceof, :md their . respective hE-irs, personal representatives, successors and assign!;, said l'estricticnfl, reservations, covenants and conditions being as followS: ~! I ~ ' ~~j~ ~~~ '{J -~ I t" c' '" CD - 111 '" '" "-' ~ C- . . - en CID r~\re2 VV\ \ ' , '; \ 'ty L . '- ~ ;- ," ~ . ,. ... , ART! C\.E 1 VF.I'INITlOSS I 3 I SOt} 0 7 SEMinOLE co. FL. The fl'llowing words when u,;{.d in this D(>claration of unY Suvplemi2ntal D,,,.,,,ion (dc" c'm con"" ""il "ol'ChiC) ,h.,11 h.,., ch' foilooioO "".olng" A. "Association" shall mean and refer to the \.:OOl)STRE,'u'1 AT TUSCMHLLA 11O"oo\"'ERS ^",OClAnON. 1 NC.. A Forld. ,o"om i 00 noC i 0' "oW. its sn""'oTO and assigns. .. "DOVO 10' ,," o,"Oc" ,,"nc" ,1,. il bo in' c "h..n g,bl o. .md sh.il ,.".n and "fer to RICHARD E. KISLING, INC.. a Florida coq)(l\'at ion, its $Uccessors or ass ignes of ail n' snb".n ol." y . il 0 f 1" i 0 wo" ',n C '00 dow lc,""n t 0 f "Tho ".o'"J".... C. "The properties" shall mean and refer to all of \~OODSTREAM, l'HASE I, the legal description of which is as llerein:1bove set forth. D. "Conu-:oon Areas" sinH mt,;\l1 and \'e1er to t~()se <,reas of land t'l:o\o.'1l on any n:corued subdivision plat of the property intended to be devoted to the couunon use and enjoYl;H:nt of the O\,'T'ers and oCCUp3nts of the property. E. "Owner" shall mean and refer to the 1"(.cord owner whether one or more .ersons n' entitl.. nf the foe 0' undivld,d 'oo in,.".t in any 1nts 0' ilvln, units situated upon the properties but shall not mean or refer to a mortgagee un1es. an' onti1 soch m."Dagee h's .,qui'" ti,'e ,u"uant to fo,o,lo'u,e 0' .ny .,o,eedlngs in liou of fOTOdu","o. ',ovide'. '.ooov'" the TO"" "Oone," shail not mean or refer to any builder who in its noroa1 course of business purchases eny'lot fo' the ,u,pose of ,on,c,u,ting a living unit th"con fo' ,es.1e but sh.11 mean and refer to those persons 01' enti tieS ....ho pUl'chase a lot and improvements tbereon during or after completion of construction and the developer. F. "Rules and Regulations" shall be the rules and regulations and policies _hi,h a,e in,'u'" in this D",.,.Cion .0' .. rony b. .do"e' hy the Roa" of Directors from time to time by am~nGmcnt of this Declaration. . G. "Lot" shall mean and refer to any V10t of land sho"'"1\ on the recorded suh.ivision ol.t of the p,ope'ty _ith the c,cc,tion of ,oo.~n o,oo"ty he,etofo,' .efine'. The vard lot shall also inc1u'e the ilvin, unit located the,eOD _hen a house has been constructed on the lot. H. "Llvln, Unit" shall moan an' ,efer to any building 0' porTion of a buil"n, situated upon the proverty desi~nated and intended for use and occurancy as a residence by a single family. 1. "Hu.ber" shall ""an an' refe' to all those ,eTSon. _ho aTe .~be'. of tho association. J. "ARB" shall mean and refer to the Architectural Review Board. K. "Maintenance Year" shall loean and refer to a year running froa July 1st to JdnC 30th of each year. - ~ L . ~~ . ,'-r.. -.' ..c ~ ~ ~O - Z <( - V) ~ z= ~...... ~8 i~ g~ ... ~ t '. '- ~ " t-t f1 (1 ff Ii' , t," {' P,:'" [,.. ----"~ r- I 3 I 5 r ~ n r ~ . ~ 't, t 1 i E:::~:~,L!: CD. FL. ARTICLE II PROPERTY RIGHTS IN THE CO~~ON PROPERTIES Section 1. O'~ERS' EASEMENT OF ENJOYMENT. Every Owner shall have a right and easement of enjoyment in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to every lot. Section 2. TITLE TO COMMON AREAS. The Declarant may retain the legal title to the Common Areas until such time as it has completed improvements thereon and until such time as, in the opinion of the Declarant, the Association is able to ~intain the same. The Declarant may conveyor turn over certain items of the Common Areas and retain others. To illustrate, the Declarant may, at its discretion, immediately turn over all landscaped beautification areas, street lights, or such other items to the Association upon completion of same without turning over to the Association certain other Common Areas. Notwithstanding any provision herein to the contrary, the Developer thereby covenants, for itself, its successors and assigns that it shall convey all Common Areas located within The Properties when the Developer has legally conveyed to owners ninety-five (95%) percent of the Lots within the Existing Areas and the Subject Area. . Section 3. EXTENT OF MEMBERS' EASEMENTS. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Declarant and of the Association, in accordance with its Articles and By-law~, to borrow money for the purpose of improving the Common Areas and in aid thereof, to mortgage said properties. In the event of a default upon any such mortgage the lender shall have a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Owners here- under shall be fully restored; and (b) the right of the Association Ito take such steps as are reasonably necessary to protect the Common Areas against foreclosure; and (c) the right of the Association, as provided in its Articles and By-laws, to suspend the enjoyment right of any Owner for any period during which any assessment remains unpaid, and for any period not to exceed sixty (60) days for any infraction of its published rules and regulations; and (d) the right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners, provided, however, that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instr\unent signed by Owners entitled to cast two-thirds (2/3) of thc votes irrespective of class of Ownership has been recorded,agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposcd agreC'ment and action thereunder is sent to every - t.!_;' .....",..::,""-<.., L -, pi "J ;; ;;~ ~ :'i: l' ~ k ! t ~ if (, .J l ~ l/ '\ f' " ~ ~ ~ r t t .:">"..";' " 4-'~-~" ... ,}j'~:.~ 'tl';"':'" i~t.; ",.:.,,,:,,,~ :"':;~~ "I i~ i~'^~ ~J~ :;/'>:';' ,~{'7',:~ "';"'\? ::"'~ :"l.",-::Jflf~ ""','i~i~ . '".,~ . ,I '.~ .'~'>~ -.... ",~~; "",}.,; .' .'~~.:. : it, ''D.~~, ] "T-' , ',~ : ~ I' ;~ r- t - -.--- - r ~:,-,"''!. r.rc:,..J,~ I 3 I 5 0409 Owner at least thirty (30) days in ddvance of any action taken. SEMINOlE CO. FL. Section 4. DELEGATION OF USE. Any Owner I18Y de1eaate. in accordance with the By-laws. his right of enjoyment to the Common Areas and facilities to the .embers of his family. his tenants. or contract purchasers who re.ide OD the Property. ARTICLE 111 MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. MEMBERSHIP. Every person or entity who is a record owner of a fe. or undivided fee interest in any Lot which is subject by covenants of records to assessment by the Association shall be a Member of the Association. provided that any such person or entity who holds such interest merely a. a .ecurity for the performance of any obligation shall not be a Member. The requirement of membership shall not apply to any mortgagee or third person until such ~rtsa8ee or third person shall have acquired title pursuant to foreclosure or pursuant to any proceeding in lieu of foreclosure. Membership shall be appurtenant to and ..y not be separated from ownership of any Lot which is subject to ..sessment. Section 2. VOTING RIGHTS. The association shall have two cla.se. of votins ...bership. Class A. Class A members shall be all those owners as defined in ART.I.Sec. B hereof with the exception of the Developer. Class A members shall be entitled to one vote for each lot in which they hold the interest required for ..-berahip by definition. When more than one person holds such interest in any lot. all such persons shall be members. The vote for such lot shall be exercised as they .-ang themselves determine. but in no event shall ~re than one vote be cast with respect to any lot. Class B. The Class B member shall be the Developer. The CIass B ..-ber ahall be entitled to three (3) votes for each lot in which it holds the interest required for membership by definition. provided that the Class B ~ership shall cease and be converted to Class A membership on or before seven (7) years fro. date hereof. ARTICLE IV COVENANT FOa MAINTENANCE ASSESSMENTS Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. Each owner of any Lot by acceptance of a deed therefor. whether or DOt it shall be 80 expresses in any such deed or other conveyance. hereby covenants and agrees to pay to the Association: (1) annual assessmeflts to be fixed. established. and collected from time to time as hereinafter provided; (2) special assessments for capital improvments; and (3) initial assessments. such assessments to be fixed. established. and collected from time to time and hereinafter provided. The annual and special assessments. together with such interest thereof and costs of collection thereof as hereinafter provided shall be a charge on the land and shall be a continuing lien upon the property against which each such ass.asment is ..de. Each such assessment. together with such interest thereon and cost of collection thereof as hereinafter provided. shall also be the personal obligation of the person who vas the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor in - .,.,.''t'C;'','''e.t1M'lt'' " , .'. ., ~ Wl)~~,,,;;~ . ' ";,"..-. - 'r.:,.". __,(,!!:.~'~':.'~ --..~ '" &;~ ~.' ~; ~..' t" (; J t . - ;-- l : IS I :~ I , ~ - --- ~ -----.- .~- . -: r - - .~ :' ~~.' : ....- ::~.:'.,I. ~L"~:.~~ I 3 , 5 04 10 title unless expressly assumed by the Baid 8ucceBsor. Provided,S~'~ ~e Developer shall not be required to pay the orig1nal, annual, or .peclax . . assessments for any Lots which it owns. Section 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 Properties and in particular for the improvement and maintenance of properties, services, and facilities which have been constructed, installed or furnished or may subsequently be constructed, installed, or furnished, which are devoted to the purpose and related to the us. and enjoyment for the Common Properties. Section 3. ORIGINAL AND ANNUAL ASSESSMENTS. a. ORIGINAL ASSESSMENT. The original assessment shall be Three Hundred Dollars ($300.00) per Lot (to be paid by the homeowner at the time of closing on each bome). The Declarant, until the time the Association is activated, may use any part or all of said sum for the purposes set forth in the hereinabove contained Section 2 of this Article. The Declarant shall account to the Association for any sums so expended and shall deliver to the Association the balance of any funds upon activation of the Association. b. Am.'UAL ASSESSMENT. The annual assessment shall be Three Hundred Dollars ($300.00) per Lot, except Lots 101 through 133. The annual assessment sball be Oae Hundred Fifty Dollars ($150.00) for Lots 101 through 133. c. CHANGES IN INITIAL AMOUNT. On or after June 30, 1982 the annual asses..ent ..y be increased or decreased by %he Board of Directors of tbe Association after considering current maintenance costs and future needs of the Association, provided, however, that the annual assessment for each living Unit ..y not be decreased when outstanding obligations remain unpaid. d. PAYMENT. Each annual assessment shall be payable semiannually in advance on January 1 and July 1 and shall become delinquent if not paid within 15 days of the respective due date thereof. Until the Association is activated, all payments shall be made directly to the Declarant for use as provided in this Article. Thereafter, such payments shall be made to the Association or such party as tbe Association ..y designate in writing. e. CERTIFICATE OF PAYMENT. Upon demand, the Association shall turnish a certificate in writing signed by an officer of the Association to any Owner liable for an assessment. The certificate shall state whp.th~r said assessment ha~ been paid and shall be conclusive evidence of payment of any assessment tberein stated to have been paid. Section 4. SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS. In addition to the annual assessment 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, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have th~ as~ent of fifty-on~ (51%) percent of the votes of each class of ,Members who are voting in person or by proxy at a meeting duly called for this purpose. , ~ ~ 1.JT'.r#' ",--).'j".-",'. --~. / ~; t:: i~:, "<. ....J r 1 t , , + I I , -.. - ! r /' r Section S. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3 AND 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such'meeting called, the presen~e of Members or of proxies entitled to CAst sixty (60%) percent of all the votes of each class of Membership shall constitute a quorum is not present, another meeting shall be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (~) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. UNIFORM RATE OF ASSESSMENT. Both annual and special assess..nts ~st be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. DATE OF COMl-IENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Ausociacion setting forth whether the assessments on a specified Lot have been paid. Notwithstanding ~ ~ of the provisions of this De~laration, the Articles or the By-laws, the ~ Declarant shall be entitled, at its discretion, to pay the operating deficit ~ ~ of the Association rather than be assessed for annual or special asses.-ents ~ with respect to Lots owned by it. This election by the Declarant may be aade ~ at any time and may be oral or in writing. The election shall be for a periodP ~ of time from assessment period to assessment period and ..y be renewed or can~l~ at the discretion of Declarant. The operating deficit shall be the expenses . incurred by the Association in excess of the amounts charged for expenses to Lot owners other than the Declarant. The Declarant shall also have the option, if it so elects, either orally or in writing, to provide services and/or ..terials and receive credit for the value of same toward any assessment due fr~ it, rather than paying such assessment totally in cash. Section 8. EFFECT ON NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. If an assessment is not paid within fifteen (IS) days after the due date, a late fee of Twenty-Fi~e ($25.00) dollars shall be charged. In addition, any assess- ..nt not paid within thirty (30) days after the due date shall bear interest frOIl the due date at the rate of ten (l0%) percent per annum. The Association ..y bring action at law against the Owner personally obligated to pay the Salle, or foreclose the lien against the property. In either event, the non-paying Owner shall pay for the cost of bring the suit, including reasonable attorney's fees therefore. No Owner may waive or otherwise escape liability for the assess- ments provided for herein by non-use of the Common Area or abandonment of his Lot. The lien shall be evidenced by an instrument executed by the Association and recorded in the Public Records of Seminole County, Florida, and shall be enforced in the same manner as is provided for by law for the enforcement of mechanic's and materialmen's liens. J l ~ ,,''1 , ~-' ',' >!~1,f~ ,J('''~ ~:~.:~ ~, ,7,: ,f,,:; ~,iJ:~, ;~~. ',.~~ '.;{t:t~~ ".~ '~ ,.,tL.\~ '" ". n ":l ~c:t ....., ..., n > .- ,., ~ ..., .:> "" . :~ ,~ " ~ - ^ t ~. " .~ I r- " , -r l. 1 j ~'{ ~- r , oj, -.-.0 _., ~ :i.=IC!:l R rCORO~ ,.. ~,...- I 3 I 5 o 4 I 2 SEMINOlE CO. Fl. Section 9. SUBORDINATION OF TIlE LIEN TO MORTGAGES. The lin of the ......- ..nts provided for herein shall be subordinate to the lien of .ny fir.t 80rtsage recorded prior to the time of recording the claim of lien by the Associ.tion. Sale or transfer of any Lot shall not affect the assessment lien. aov..er. the ..le or transfer of any Lot pursuant to mortgage foreclosure, or .ny proceeding in lieu thereof, shall extinguish the lien of such assessment .s to pa~t. which became due prior to such sale or transfer. No sale or tran.fer .hall relieve such Lot from liability for any assesSDents thereafter becoainl due or froa the lien thereof. Section 10. EXEMPT PROPERTY. The following property subject to this Declaration .h.ll be e~ted from the assessments, charges and liens created herein: (a) .11 properties to the extent of any easement or other interest therein dedicated and accepted by the local authority and devoted to public use; (b) .11 Co-.on Areas as defined in Article I. Section D, hereof; (c) .11 properties ex.-pted from taxation by the laws of the State of Florida. upOD the te~ and to the extent of such legal exemption. Notwithstanding any provhion. herein. DO land or illprovements devoted to dwelling use shall be uelIpt frOll ..id ......- MDts, charges or liens. ARTICLE V ARCHlTECroRAL IEVIEW At such tt.e when Developer has lesally conveyed to OWner. .inety-rive (951) percent of the Lots within The Properties. the Association .hall ~iately fon . c~ttee known a. the "Architectural leviaw Bo.rd" IIOMt*. herelnafter referred to .. ARB. Section 1. COMPOSITION. The Architectural leviw Board .ball be cG.poaed of three (3) llellbers of the Board of Directors of WOODSTREAK AT TUSCAWILLA 1IJKE- OWIERS ASSOCIATION, INC., (a Florida corporation not for profit), or three (3) persons .ppointed by the Board of Directors of .aid corpor.tion DOt for profit who .hall not necess.rily be ~ber. of the Bo.rd of Directors. In the event of death or, or resignation of any 1IelIber of the coaaittee, the Bo.rd of Director. .hall de.ign.te a succe.sor within .ixty (60) day. frOll the date of ..id de.th or resignation. Section 2. PLAII APPROVAL. Until the Associ.tion has foned the ARB, the approval will be perfoned by RICHARD E. ItISLIlIG, INC., ita .uccessorB aad asdans. Approval of .11 buildings, fences, walls or other .tructure. which sh.n be c~ced, erected or asintained upon The Properties including any exterior additions to or changes or .lterations as to the harmony of the exterior desip aDd location in relation to surrounding structures and topography will be in writing by RICIIAID E. USLIIIG, INC. or the ARB wbichever is in effect. Section 3. TIME FOR APPROVAL. The co.a1ttee's approv.l or dis.pproval a. required in these covenants shall be in writing. In the event the c~ittee or it. design.ted representative fails to .pprove or dis.pprove within thirty (30) days .fter plans .nd .pecifications have been subaitted to it, or in any event if no suit to enjoin the construction has been co.-enced prior to the coapletion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. i , ..... ')"" r ".''''''''.'' - . ARTICLE VI MA J NTI':NANCE I 3 I 5 o I~ I 3 S!:.!'!;iiulE co. fl. Section 1. ASSOCIATION. The Association, subject to the rights of the Owner. 'as set forth fn this Df'clar;ltion, sh.111 be H'sponsible for the pxclusive managempnt and control of the Conrnon Arf'as and private road right of way. shown on the plat of WOODSTREAH and all improvements thereon. The COllllllOn are. contiguous to Howell Branch Crc>ek will be maintained according to the policies established by the Department of EnvIronmental Regulation, State of Florid.. These policies will be reviewed from time to time by the Architectural Review Board. The Association shall kef'p the same in good, clean, attrar.tive and sanitary condition, order and repair. TIle Association's duties shall extend to and include the streets as shown on said plat. Excluding Lots 101 through 133, the Association shall provide lawn and landscaping maintenance for each Lot, except for the rear yard, patio areas and atrium areas. For purpose. of this Dpclaration, "rear yard" shall be defined as that portion of a lot lying behind an imaginary line running from one side lot line to the other side lot line, along the same plane as the rear huilding line as constructed by Developer. However, should a fence or wall be constructed by Developer or an Owner OD either or both side yards, "rear yard" shall in such case, be defined as that portion of the lot lying behind such fence or wall. Section 2. OWNER'S RESPONSIBILITY. Each lot owner shall provide exterior maintenance of the dwelling unit upon his lot, including painting, repairing, l'eplae ing and caring of roofs, gutters, downspouts, exterior building surfsces, and other exterior improvements, including patio fences, if any. Each Lot Owner shall also be rPRponslble for lawn and shrub maintenance in his rear yard as defined above and in all patio areas and atrfum areas; and Owner of Lot. 101 through 133 will be responsible for his entire yard. Such maintenance shall include the mowing .1nd 1.1ndscaping of said areas, subject to the approval of the Architectural Review Board .1S herein provided. Should an Owner neglect or fail to maintain any lawn or land~caped area within his r~sponsibility or neglect to maintain the exterior of his dwelling unit, then the Association may maintain or repair the same at such Owner's expense. The cost thereof shall become a special assessment against that Owner's Lot, provided that the requirements for levying a special as~ess~>nt under Article IV, Section 4 her('Of are met prIor to actual maintenance or repair. Section 3. AI.TERATIONS. No ch.1nge in color of any exterior WIIUS or change in siding, shingles or other exterfor materials installed by developer shal~ be allowed. The intent of this subparagraph is to ~lfntain the uniformity of color of exterior "'.111s and types of materials uscd to replace those installed by Developer. ARTICl.E VII RESTRICTIVE COVENANTS The Subjl>ct Property, known as WOODSTREAM, shall be subject to the following restrict ions, reservations anti ",'nditions, whfch shall be hinding upon the Declarant and upon ,.ach and every Owner who shall acquire hereafter a Lot or .1ny portion of the Propeny. and shilll he binding upon their respective heirs, personal reprl'spntOltives, SIlI'C('SS.,l'S .md .1ssfgns, as follows: Sectfon 1. LAND USE. No Lot :;1,.111 be 1I~;cd except for n>sfdential purposes. So strlldllr,'s shall be erected, altpred, placed or pennitted to Tl'~lln on any res I "('nt 1.11 tot wi thfn the subdivis ion other than one sf ngle-family dwelling and priv.1te t;ar.lge and ilccessory bui I"fngs ;lI1d structures such as swimming pools, scrcpned ('nclosures ahd patIos. Provided howpver, that L- '. 't;*.......__;~"'.'c.,' .....~l,,'. .~., ~..........- rY e t't. :~'. .J ? - ~ ' _:.;: =:J .! r - - ". :~ :~. ""i'" J 3 J 5 o l~ I 4 SH:Ji;OLE co. FL notwithstanding any language to the contrary herein, nothing shall precluae the Declarant or its agent from maintaining offices for the purposes of promoting, the sale of Lots and residential structures within the Property which includea access and u~e by any required sales personnel and any attendant per80nne~ required to be present to facilitate such sales. Section 2. DWELLING SIZE AND RESTRICTIO~. No single-family residence ahall be constructed on any Lot in WOODSTREAM, with a living area which is less than One Thousand Six Hundred (1,600) square feet. The floor space within the garage, breezeway , porch, or unfinished storage or utility room shall not be included within the living area for the purpose of determining the minimum allowable area. Section 3. TEMPORARY RESIDENCES. No structure of a temporary character, trailer, .boat, motor home, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence or appendage to such residences, either temporarily or permanently. Section 4. PROHIBITED VEHICLES. No motor homes, recreational vehicles, boats, trailers or motor vehicles in excess of a 3/4 ton rating, shall be allowed to be kept or parked on any Lot, common area, or private road right of way, except in a closed structure or garage, in excess of forty-eight (48) hours. Section 5. AERIALS/ANTENNAS. No radio or television aerial or antenna nor any other exterior electronic or electrical equip~ent or devises of any kind shall be installed or maintained on the exterior of any structure located on a lot or on any portion of any lot occupied by a bpilding or other structure unless and until the location, size and design thereof shall have been approved by the ARB. Section 6. HAIL/PAPER BOXES. No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspapera, or magazines, or aiailar material shall be erected or located on any lot unless the size, location, design and type of material for said boxes or receptacles shall have been approved by the ARB. Section 7. NUISANCES PROHIBITED. No noxious or offensive activity aball be carried on upon any Lot, nor shall anything be done thereon Which ..y be or ..y beco.. an annoyance or nuisance to the neighborhood. Section 8. A~IHALS, ETC. No animals, livestock, or poultry of any kind shall be raised, bred, on kept on any lot, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpos~ Section 9. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more thank one (1) square foot, one (1) sign of not more than five (5) square feet advertising the property for aale or rent, or signs used by a builder to advertise the property during the construction and sales period. Section 10. TRASH, ETC. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste 5hall not be kept except in sanitary containers. All equipment for storage or disposal of such materials .shall be kept tn a clean and sanitary condition, and except during pick-up, if - -"-4.__....._ / t.i; .--. , _.J J..;. ti;~,. r ..r,' , I I I I I ! "1 r- ~ [ r :1 r,- 131 5 o !~ ! 5 required to be placed at the street, all containers shall be ~~~~D~Cth'L'ide or rear of all dwellings out of sight from the street. There shall be no burnina of trash or any other vaste materials. Section 11. WINDOWS AND FRONT FACADE. It is prohibited to hang andlor duat garments, rugs, or any other materials from the vindows or from the front facade of any residences. Section 12. FENCES, WALLS, ETC. No fence, vall or other structure shall be erected, placed or altered on any lot between any private road right of way and any building situated on said lot. Prior to the erection, placement, or alteration of any fence, ~all, or other structure behind said area, Owner shall obtain written approval of the ARB. The maximum allowable height of any fence or vall, shall be eight (8) feet. Section 13. SHRUBBERY. It is prohibited for an Owner of a residence, ..aber of his family, or guests to plant any shrubbery, trees, or plants in any position on a Lot, common area, or private road right of vay, vithout the prior written consent of the ARB. Sectioa 14. SWIMMING POOLS. Any M1IDDing pool constructed on any lot shall be subject to the following restrictions, reservations and coaditl00a: (a) Construction may be only of coacrete or a concrete type ..terial. (b) The outside edge of any pool vall may not be closer than five (5) feet to the valls of the house. (c) No pool vall may be constructed or placed closer than five (5) feet to the side and rear Lot lines, except that no pool vall ..y be constructed or placed closer than forty (40) feet to any property line abbutting the adjacent lolf course or closer than twelve (12) feet .to the plateed right of way of Rorthern Way. .. (d) No pool or screening may be constructed within (recorded) dedpatecl utility or drainage easements. (e) No screenin~ of pool may be constructed or placed nearer than fort, (40) feet to any property line abutting the adjacent golf course. (f) No pool or screening shall be erected or placed oa any Lot until the construction plans and specifications and a plan showing their location have been approved by the ARB. (g) No pool or screening shall be constructed within TWenty-Five (25) feet of any private road right of way. Section 15. PARTY WALLS. (a) General Rules of Law to Apply. Each wall which is built.. a part of the original construction of the buildings upon the Properties and placed on the dividing line between the Lots, shall constitute a party vall, and. to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property ~ge due to negligence or villful acts or omissions shall apply thereto. (b) Sharing of Repair and Maintenance. The cost or reasonable repair and ..intenance of a p:trty wall shall be shared by the Owners who uke use of the vall in proportion of such use. (c) Destruction by Fire or Other Casualty. If a party vall i. destroyed -~~ ./ ._. I:' ~ I 1:.r"r~':.t .";> ,. '-.It".,. .... I . "." r 1 J I ~ r r- :_ i. :~:. . ~ I 3 I 5 04 I 6 or damaged by fire or other casualty and it is not covered bf~~L<<ny Owner who has used thc wall may restore it, and shall contribute to the coat of restoration thereof in proportion to their use without prejudice, subject, however, to thc right of any sllch Owners to call for a larger contributiOll frOll the others under any rule or law regarding liability for negligent or willful acts or omissions. (d) Weatherproofing. Notwithstanding any other provisiOlls of this Articl., an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such clements. (e) Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenent to the land and shall pass to such Owner's successors in title. Section 16. STRUCTURE LOCATION. No structure shall be constructed or placed closer than forty (40) feet to any property line abutting the adjacent aolf course. Section 17. UTILITY EASElffiNTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interefere with the installation and aaintenance of utilities. The easements are for the benefit of each lot and all improvements located on them, if any, shall be maintained continuously by the Association, pursuant to the covenants of maintenance provided for herein, except for those improvements for which a public authority or utility company is responsible. ARTICLE VIII AMENDMENT BY DECLARANT The Declarant reserves and shall have the sole right (a) to amend these covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein, (b) to include in any contract or deed or other instrument hereafter made any additional covenants and restrictions applicable to The Property which do not lower the standards of the covenants and restrictions herein contained, and (c) to release any Lot from any part of the covenants and restrictions which have been violated (including, without limiting the foregoing, wiolations of building restriction lines and provisions hereof relating thereto) if the Declarant, in its sole judgment, determines such violati~n to be a minor or insubstantial violation. ARTICLE IX ADDITIONAL COVENANTS AND RESTRICTION No Owner, without the prior written approval of the Declarant, aay t.pose any additional covenants or restrictions on any part of The Property. ARTICLE X AMENDMENT Except as to provisions relating to amendments as set forth herein regarding certain specific items and the method of am{'ndin~ or altering same, which 1s set forth in conncction with such particular item, any other provisions, covenants, ,...._~ r i~ "'.'il 1f~~ ,~ r ( "'1 t . , ~ __ It''\l '""" ~~n- "f r w.' ,.".._-" WI' ,""'- .. ~- r /' r I S I 5 o !} I 7 ~..;.jliWLE co. FL. or restrictions set forth herein may be amended in accordance with thia proviaion. The Owners of at least two-thirds (2/3) of the Lots and Living Unita ..y chanae or amend any provision hereof, except as above aentioned, in whole or in part, by executing a written instrument in recordable fora setting forth auch .-end8eDt and having the same duly recorded in the Public Records of Seainole County, Florida. A proposed amendment may be instituted by the Declarant, the ARB, the Association, or by petition signed by fifteen (15%) percent of the then Owners. A written copy of the proposed amendment shall be furnished to each Owner at least twenty (20) days but not mere than sixty (60) days prior to a designated meeting to discuss such particular amendment. Said notification shall contain the time and place of said meeting. The recorded amendment shall contain a recitation that sufficient notice was given as above set forth and said recitation shall be conclusive as to all parties and all parties of any nature whatsoever shall have full right to rely upon said recitation in such recorded a8end..nt. ARTICLE XI DURATION The covenants, restrictions and provisions of this Declaration ahall run with and bind the land and shall inure to the benefit of the Owner., the Declarant, and their respective legal representatives, heirs, successors and assigna until amended modified or terminated according to the terms of Article X hereinabove aet forth. These covenants, provisions and restrictions ..y be terainated in tbe same manner set forth for amepdment in Article X. ARTICLE XII ENFORCEABILITY Section 1. If any person, firm or corporation, or other entity shall violate or attempt to violate any of these covenants or restrictions, it shall be l8Wful for the Declarant, an individual Owner, or the Association (a) to prosecute proceedings for the recovery of damages against those so violating or atte.pting to violate any such cove~ants or restrictions, or (b) to ..intain a proceeding in any court of competent jurisdiction against those so violating or atte.pting to violate any such covenants or restrictions, or (c) to aaintain a proceeding in any court of.competent jurisdiction against those so violating or att.-pting to violate any such covenants or restrictions, for the purpose of preventing or enjoining all or any such violations or attempted violations. Sh~uld the Declarant, an individual Owner, and/or'the Association be requb'ed to enforce the provisions hereof by legal action, the reasonable attorney's fees and costs incurred, whether or not judicial proceedings are involved, including the attorney's fees and costs incurred on appeal of such judicial proceedings, shall be collectible fro. the party against which enforcement is sought. The remedies contained in this provision shall bonconstrued as cumulative of all other remedies now or hereafter provided by l8W. The failure of the Declarant, its successors or assigns, any individual Owner, or the Association, to enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, ahall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior to or subsequent thereto. Section 2. The invalidation of any provisIon or provisions of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the other provisions of silid covenants and restrictions which shall remain In full force and ~frcct. ., fl{,~ 'S'~", k:" " .,; .~ . .:. ~:{;:~f~~ "'-',",','.;L ~l:....."".....~J.oi....._ '>,'. '" f',: I I': ~ , i r r- t ~ ....~ :( - - lII,.~~~ ~ r - " ,-1 r; -' r'. t c} .' . I 'J' S~:.;:::uLE CO. FL. Section 3. Any notice required to be sent to any Me.ber or Owner under the provisions of this Declaration shall be dee~d to have been properly sent when aailed, postpaid, to the last known address of the person who appe~rs as ~r or Owner on the record of the Association at the ti~ of such aailing. IN WITNESS WHEREOF, the Declarant, RICHARD E. KISLING, INC. haa caused this instrument to be executed by its duly authorized officers and its corporate seal to be hereunto affixed as of the day and year first above written. Signed, sealed and delivered in the preaence of: State of Florida Couoty of Seminole RICHARD E. KISLING, INC. ~. .IIC', .- , " ~ r.' c.: .~ .......: " ./ . .,. -" BEFORE ME, personally appeared RICHAJU) E. KISLING to _ well kDovn and kDowD to ~ to be the PRESIDENT of RICHARD E. KISLING, INC., and who executed the foregoing instruDent and acknowledged before _ that they executed the ~ on behalf of the corporation for the purpoae therein expressed. .......... s+ ~ .' ~ WI'l'NESS III)' hand and official seal thi.!} day of ~., 1980. ... :f i ary ....... .. elf __.... .T F ___.a_ ___..~'T h LERTiflEp COpy DM: [) N\ T?tfif,',EN '. , CLER~ OF THE CIRCUIT COURT SEMINOLE COUNTY, FLO/<I;rJ BY'~~' J/~/- I.. ___ II Q.)PJJJ}- Deputy Clerk l, 4_~ _-" Date B-1 5 - ~ S- . ...... "i'lI. ,.. -!{:'t,....~ - J L4I .?L ., .........~~; / r.~ . , r. ..... i.... ;-. ":^~~~<,~)~T" '."'''~ li~~ . . ,; '. ~. t '~ ,.. .......-! .. ...~. j .,...: , f j .J ;;..:;.- --L ... :z: < c..n ~ DECLARATION OF COVENANTS AND RESTRICTIONS - en OF T"..., .c c::: WOODSTREAM c..... ~~ 0 ~,~ KNOW ALL MEN BY THESE PRESENTS, that this Declarati~~ of Covenants and Restrictions ("Declaration"), made and entered into on this ~ day of ."..J'<1^-' -. '",,~C;' -k ' 1982, by RICHARD E. KISLING, .. INC., a Florida corporation her inafter referred to as "Developer". ~ /" .,~--:.. J..'- i WIT N E SSE T H: :"r, ;.4,) ""l , : ; -~ -- '" to r:- 98, CJ ~ "", 1''' r- '" ex> WHEREAS, Developer is the owner of WOODSTREAM according the Plat thereof, as recorded in Plat Book 24, Pages 97 and Public Records of Seminole County, Florida, hereinafter the "Subject Property"; and - WHEREAS, Developer submitted the Subject Property to a Declaration of Covenants, Conditions and Restrictions for Woodstream, Phase 1 recorded at Official Records Book 1315, Page- 406 of the Public Records of Seminole County, Florida; and WHEREAS, the D~veloper owns all of the Subject Property and desires to rescind, revoke and cancel the Declaration of Covenants, Conditions and RestrictIons for Woodstream, Phase I recorded at Official Records Book 1315, Page 406 of the Public Records of Seminole County, Florida and in place thereof to sub- mit the Subject Property to this Declaration. WHEREAS, Developer may in its sole discretion add additional phases to WOODSTREAM which may become part of the Subject Property in accordance with Article II and such additional areas or properties may hereinafter be brought within the jurisdiction of the Association and this Declaration; and . WHEREAS, Developer desires to provide for the preservation and enhancement of the property values and amenities in said community and for the maintenance of the Subject Property and improvements thereon, and, to this end, desires to subject the )ubject Property to the Covenants, restrictions, easements, :harges and liens, hereinafter set forth, each and all of which ls and are for the benefit of the Subject Property and each Owner :hereof; and WHEREAS, Developer has deemed it desirable, for the efficient reservation of the values and amenities in said community, to reate an entity to which should be delegated and assigned the ~wers of owning, maintaining, administering, and enforcing the )vepants and restrictions and collecting and disbursing the Isessments and charges hereinafter created and promoting the 'creation, health, safety and welfare of the Owners; NOW, THEREFORE, in consideration of the premises and cove- nts herein contained, the Developer declares that the real prop- :y described as the Subject Property in Article I, and such litions thereto as may hereafter be made pursuant to Article II eof, is and shall be held, transferred,sold, conveyed and upied subject to the covenants, restrictions, easements, rges and liens (sometimes referred to as "Covenants and trictions") set forth in this Declaration and that such ~nants and Restrictions shall run with the real property and )inding on all parties having any right, title, or interest in Subject Property or any additions thereto as described in, including their heirs, personal representatives, suc- ors and assigns. l. ilS INSTRUMErn WAS PREPARED BY: \ "-" (~ I '.' , 'L-~'~_I_"'--""""'" ',_ --\ .J' '-', '....... Return to: (~'r, ~~~. \~"U'M:^ , ,1 ARTICLE I TERMINATION OF PREVIOUS DECLARATION AND DEFINITIONS Section 1. The Developer has previously submitted the Subject Property as defined in Section 2 of this Article to a certain Declaration of Covenants, Conditions and Restrictions for woQdstream, Phase I recorded at Official Records Book 1315, Page 406 of the Public Records of Seminole County, Florida. The Developer is the owner of all of the Subject Property and hereby revokes, rescinds and cancels the Declaration of Covenants, Conditions and Restr ictions for Woodstrealll, Phase I recorded at t, (..l.,) Official Records Book 1315, Page 406 in their entirety. ~ --." - .... Section 2. The following words when used in this Declaratio~ or any Supplemental Declaration (unless the context shall ~ prohibit) shall have the following meanings: ~ (a) Review Board. "ARB" shall mean and refer to the Architectural c:;:) ..., l'.) : l'.) <.0 . (b) "Association" shall mean and refer to WOODSTREAM AT TUSCAWILLA HOMEOWNERS' ASSOCIATION, INC. (c) "Common Areas" shall mean and refer to those areas of land shown on any recorded subdivision plat of the Subject Property or Additions to the Subject Property which tracts or areas are intended to be devoted to the general common use and enjoyment of the owners of the Subject Property and Additions to Subject Property, including without limitation any areas denoted thereon as "Common Area" and any platted roads. The Common Areas shall also include all improvements now or hereafter constructed on the foregoing areas, including streets, lighting systems, signage, structures and landscaping thereon. ld) "Declaration" means this Declaration of Covenants and Restrlctions of Woodstream. (e) "Developer" or "Declarant" shall mean Richard E. Kisling, Inc. a Florida corporation, and its successors in interest or assigns of its interest in the development of The Properties. (f) "Living Unit" shall mean and refer to any portion of a building or a single family structure situated upon a Lot designed and intended for use and occupancy as a residence by a single family. r (g) "Lot" shall mean and refer to any plot of land shown on any recorded subdivision plat of The Properties with the exception of the Common Areas heretofore defined. The word Lot shall also include the Living Unit located thereon when one has been constructed on the Lot. (h) "Maintenance Year" shall mean and refer to a year running from July 1 to June 30 of each calendar year. (i) "Member" of the Association shall mean and refer to all Owners. (j) "Owner" shall mean and refer to the record owner, including the Developer, whether one or more persons or entities, of the fee or undivided fee interest in any Lots located within The Properties, but shall not mean or refer to any mortgagee unless and until such mortgagee has acquireJ title pursuant to foreclosure or any proceeding in lieu of foreclosure. " ,i t -2- -- (k) "Rules and Regulations" means any and all rules regulations duly promulgated by the Board of Directors of the Association pursuant to its powers under the Declaration and Articles of Incorporation and By-laws of the Association. (1) "Subject Ptoperty" shall mean and refer to Woodstream, according to the Plat thereof as recorded in Plat Book 24, Pages 97 and 98, Public Records of Seminole County, Florida. / /" (m)" Add i t ions to Subj ect Proper ty" shall mean and refer to real property other than the Subject Property which becomes subject to this Declaration or any Supplemental Declaration under the provisions of Artic~e II hereof. Such Additions to Subject Property, if any, which may be added from time to time may be of any number of lots and in any sequence as determined solely by the Developer. , '1.;.-: ,n'd '~ '( (n) "Woodstream" or "The Properties" shall mean and refer to the Subject Property, and Additions to Subject Property, as are subject to this Declaration or any supplemental Declaration under the provisions of Article II hereof. ;'"1 .~ -',;) -...! .;.:; - -,- , !-.-; ARTICLE II n ~ 0 ;::J l') PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS TO SUBJECT PROPERTY U) <::::) Section 1. The Subject Property, as heretofore defined and any improvements now or hereafter constructed therein shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration. Section 2. The Developer, from time to time, may in its sole discretion cause additional lands to become subject to this Declaration, which additional lands have been hereinabove defined as Additions to Subject Property; but, under no circumstances shall Developer be required to made such additions, and until such time as such additions are made to the Subject Property in the manner hereinafter set forth, real property other than the Subject Property shall in no way be affected by or become subject to the Declaration. Section 3. The additions authorized under this Article shall be made by the Developer filing of record a Supplemental Declaration of Covenants and Restrictions with respect to the Additions to Subject Property which shall extend the scheme of the covenants and restrictions of this Declaration to such prop- erty. Such Supplemental Declaration may be made by the Developer and ~hall not require consent of any Owner or Member. Such Supplemental Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the Additions to Subject Property. In no event, however, shall such Supplemental Declaration revoke, modify or add to the covenants established by this Declaration within the Subject Property. The owner of each Lot in any Additions to Subject Property shall become a Member of the Association upon filing a Supplemental Declaration of Covenants and Restrictions of record submitting such Lot to the terms of this Declaration. ARTICLE III RIGHTS IN THE COMMON AREAS Section 1. Every Owner shall have a right and easement of , I . \'- .' 1 -3- t ,,- --'- r t l . -)~., enjoyment and use in and to the Common Areas subject to the _ fOllowing. The Developer shall have the right at its sole elec- tion to replat the Subject Property including the right to alter any boundaries of the Common Areas or reduce or eliminate the , Common Areas, provided that any such replat shall not increase the number of Lots in the Subject Property and provided further that any replat does not alter the boundaries of Lots 106, 110, 201, 202, 203, 204, 301, 302, 303 and 304 or deprive any of said Lots of access to Northern Way. The Owners' right and easement of ~njoyment and use in and to the Common Areas set out herein spall terminate as to any Common Areas which are replatted as Lots by the Developer at the time of approval of such replat by Seminole County, Florida and any mortgagee of a Lot or Living Unit and any Owner by virtue of taking title to said Lot or Living Unit subject to the terms of this Declaration hereby agrees to such replatting of the Subject Property and termination of its right and easement of enjoyment and use in and to the Common Areas upon approval of the replat by Seminole County, ... Florida, and this Declaration shall serve as a release and con- " veyance of any interest they may hold in the Common Areas to the ~ Developer for purposes of said replat. The Owners further agree .- to enter into any agreement or further document of conveyance ~ that may be required by Developer to perfect title of the Common-? Areas in the Developer for purposes of replatting the Subject ~ Property as set out herein. . . '.<-':1 ~~, ~ .f~ w ~ ..;::- <::::) C'.,) ~ . Section 2. As to those Common Areas which are not replatted for other use as set forth in Section 1, Article III, the Developer may retain the legal title to the same until such time as it has completed improvements thereon and until such time as, in the opinion of the Developer, the Association is able to main- tain the same. The Developer may convey to the Association cer- tain items or portions of those Common Areas and retain others. To illustrate, the Developer may, at its discretion, immediately convey all or any portion of the streets, street lights, or such other items to the Association upon completion of same without conveying to the Assocation certain other Common Areas whether completed or not. Notwithstanding any provision herein to the contrary,' the Developer hereby covenants, for itself, its suc- cessors .and assigns that it shall convey to the Association those Common Areas located within The Properties no later than when the Developer has legally conveyed to Owners other than itself or its successors in interest or assigns, ninety-five percent (95%) of the Lots within The Properties. Section 3. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Developer and of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the Common Areas and in aid thereof, to mortgage said properties. In the event of a default upon any . such mortgage the lender shall have a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of such properties to a wider pUblic until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Owners hereunder shall be fully restored; and (b) the right of the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure; and (c) the right of the Association, as provided in its Articles and By-laws, to suspend the enjoyment right of any Owner for any period during which any assessment remains unpaid, and for any period not to exceed sixty (60) days for any infraction of its published rules and regulation except for utility ease- ments and streets as shown on the recorded plat of The properties; and -4- ~ (d) the right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners, provided, however, that no such dedication, transfer, or determination as to the purposes or as to the conditions thereof, shall be effec- tive unless written notice of the proposed agreement and actions thereunder is sent to every Owner at least thirty (30) days in advance of any action taken; and unless two-thirds (2/3) of the vo~s of all Members as set out in Article VI agree to such dedi- gation, transfer, purpose or condition; and .t~. .~ S).,~. ,.......... ",~".' . .~>;. \ ':';.. ,,- ~-,; - " , . ,/ (e) the rights of an Owner shall in no way be altered or restricted because of the location of the Common Area in a phase of The Properties in which such Owner is not a resident. The Common Areas shall be used by all Owners of The Properties, notwithstanding the section or phase of The Properties in which the Lot is acquired. Section 4. Any Owner may delegate, in accordance with the By-laws, his right of enjoyment to the Common Areas and facili- ties to the members of his family, his tenants, or contract purchasers who reside on the Property. t,rl (..)..) --.. - ..- ARTICLE IV EASEMENTS ,~"\ I ..., n o c::::> ~ I'.) CJ.) I'.) Section 1. All Living Units located on zero lot line type Lots in the Subject Property and Additions to the Subject Property shall be subject to a perpetual easement for encroach- ments which now exist or hereafter exist due to settlement or movement of the-Living Unit, due to the physical infringement of the structure of a Living Unit on an abutting Lot or Lots, or due to the overhang of roofs, and the encroachments shall be per- mitted to remain undisturbed and such easement shall continue until suqh encroachment no longer exists. Section 2. The Properties shall be subject to a perpetual easement in gross being granted to Woodstream At Tuscawilla Homeowners' Association, Inc., and its successors for ingress and egress on The Properties for the purpose of having its employees and agents perform all obligations and duties of the Association set forth herein. Section 3. Easements over The Properties for the installa- tion and maintenance of electric, cable television, telephone, water, gas, sanitary sewer lines and drainage facilities as shown on the recorded plat of The Properties, are hereby reserved by the Developer, its successors and assigns, together with the right to grant and transfer the same. Section 4. There is hereby reserved to the Developer, its successors and assigns, including, without limitation, its sales agents and representatives (including his contractors, sub- contractors, suppliers and workmen), and prospective purchasers of Lots (including their contractors, subcontractors, suppliers and workmen), together with the right of the Developer, its suc- cessors and assigns, to grant and transfer the same, over the Common Areas, easements for construction, utility lines, display, maintenance, and exhibit purposes in connection with the erection and sale of Living Units within The Properties; provided, however, that such use shall not be for a period beyond the sale by the Developer or its successors in interest or assigns of all Lots within The Properties: and provided further, that no such use by the Developer and others shall unreasonably restrict the Members in the reasonable use and enjoyment of the Common Areas or of their own Lots. ~ 1 1 -5- Section 5. Those areas designated on the plat of The Properties as a landscape easement shall be maintained and landscaped by the Association, and the Owner of any Lot subject to a landscape easement shall not build or place any structure , whether temporary or permanent on said landscape easement area. .\.~,; ~~!,..., ~..~ , ,,; ~~ > ARTICLE V / THE ASSOCIATION ,..,..' . / Section 1. Woodstream at Tuscawilla Homeowners' Association, Inc. (the "Association"), a Florida corporation not-for-profit, has been organized, among other things, to own, administer, and maintain the Common Areas. The Association shall act in accor- dance with the terms and provisions of this Declaration, the Articles of Incorporation of the Association and the By-Laws of the Association. ? ..~ Section 2. Membership pnd voting rights in the Association shall be set forth in Article VI hereof and the Articles of Incorporation and By-Laws of the Association. .~.'.J ......, - .... . ;~1 Section 3. Developer reserves the right to designate the ~ initial members of the Board of Directors of the Association and~ ~ their successors until the earlier of (i) thirty (30) days after~ conveyance of record title by Developer, its successors in ' interest or assigns of ninety-five'percent (95%) of the Lots within The Properties; or (ii) the date the Developer sends to the Association and to each Member a thirty (30) day notice that Developer voluntarily relinquishes its right to continue to designate members of the Board which earlier date is referred to herein as the "Turnover Date". Upon and after the Turnover Date, the Board shall be elected by the Members of the Association in accordance with the terms and provisions of this Declaration and the Articles and By-Laws. 1'-.) (.J.) (.J.) ARTICLE VI MEMBERSHIP AND VOTING RIGHTS Section 1. The Members of the Association shall consist of all Owners of a Lot or Lots within The Properties, including the Developer, provided that any such person or entity who holds such interest merely as security for the performance of any obligation shall not be a Member, unless they have obtained record title by foreclosure or deed in lieu of foreclosure. Section 2. Change of membership in the Association shall be established by recording in the Public Records of Seminole County, Florida, a deed or other instrument establishing a record title to a Lot in The Properties. The Owner designated by such instrument thus becomes a Member of the Association and the mem- bership of the prior owner is terminated. The new owner shall notify the Association of the recording of a deed or other in- strument establishing a record title and shall furnish the Association a certified copy of such instrument if required by the Association. Section 3. The share of a Member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner, except as an appurtenance to his Lot. Section 4. The Association shall have two classes of voting membership (both classes of which shall be COllectively referred to herein as Members) as follows: 'j . Class A. Class A Members shall be all those Members as defined in Article VI, Section 1, with the exception of the . l 1 -6- Ilfll~-r .... . '1.[ ..ll H ......~..I I 1 -<:~ ".<' , . f' ,..c". . g~::;Or~~mb~~~ v~~:n S~~~; ~~a~l~~~a~:~S~~ ~~~~8 ~~c~~:~e~8~'!:':f~ .~ interests in any Lot, all such persons shall be Members, and the person entitled to cast the vote for the Lot shall be designated by a certificate filed with the Secretary of the Association signed by all record owners of the Lot. If any Lot is owned by a corporation, a similar certificate shall be required designating the person entitled to cast the vote for such Lot. Lacking such certificate by multiple owners or corporation, then the vote for tha} Lot shall not be considered in determining the requirement f9.t a quorum or any other purpose until such certificate is filed with the Secretary of the Association. Except, however, when title to a Lot is held by a husband and wife, they may, but shall not be required to, designate a voting member. If they do not designate a voting member, and if both are present at a meeting, only one may vote on any given matter. If they are unable to agree on who shall vote, their vote shall not be counted. If no voting members are designated and only one spouse is present at a meeting, the spouse present may cast the vote for the Lot, without establishing the copcurrence of the absent spouse. In no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Developer, or · its assigns. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for ~~ (~ membership by Article VI, Section 1. The Class B membership ~ shall cease and be converted to Class A membership on the c ~ I Turnover Date as set forth in Article V, Section 3 hereof. ~ r.. p ARTICLE VII c:::> ." r--.J :- U) -+:- COVENANTS FOR MAINTENANCE ASSESSMENTS Section 1. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, hereby covenants and agrees to pay to the Association: (1) initial assessments, (2) annual assessmen~s, or charges, and (3) special assessmentsi such assessments to be fixed, established, and collected from time to time as hereinafter provided. Provided, however, the Developer shall not be required to pay any assessments whether initial, annual, special or otherwise, for any Lots it owns. The initial, annual and special assessments, together with such interest thereon and costs of collection thereof, including, without limi- tation, reasonable attorneys' fees incurred by the Association incident to the collection of such assessment whether or not judicial proceedings are involved, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Said lien shall be effective from and after the time of recording a claim of lien in the Public Records of S~minole County, Florida, and the lien shall continue in .effect until all sums secured by the lien shall shall have been fully paid. Upon full payment, the party making payment shall be entitled to a recordable satisfaction of lien. Each such assessment, together with interest thereon and cost of collec- tion, including, without limitation, reasonable attorneys' fees incurred by the Association incident to the collection of such assessment whether or not judicial proceedings are involved, shall also be the personal obligation of the person who is the OWner of such Lot at the time the assessment is due and payable. Section 2. If an assessment is not paid within fifteen (15) days after the due date, a late fee of Twenty-Five ($25.00) dollars shall be charged. In addition, any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowed by law, and the Board of Directors of the Association may declare the entire assessment as to that delinquent Owner due and payable in full as if the entire amount was originally assessed. No Owner may waive _"7_ ~_~ "., ...,.~;., '~ ~""")'\""'~--"''1l'''''''!''''~;ro-I:~~-'' ~..-...."". .,.~.''""""'T~~~:'''.,-.:3':'-"' "'~r. .", ''''~ . .'....,..~ ., ,~. e'"'l'T"'~-' -.... . ~, ::J .<" or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 3. Liens for assessments may be foreclosed by suit brought in the name of the Association in like manner as a foreclosure of a mortgage on real property. The Association may also sue to recover a money judgment for unpaid assessments against the Owner personally obligated to pay same without waiving the lien securing same. - . ,.,.' .I'" . ~~ Sectlon 4. 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 Properties and in particular for the improvement and maintenance of proper- ties, services, and facilities which have been constructed, installed or furnished or may subsequently be constructed, installed, or furnished, which are devoted to the purpose and related to the use and enjoyment for the Common Areas. Section 5. Each Owne~ will have the sole responsibility to maintain the Living Unit located on the Lot and all appurtenances to that unit including, without limitation, all structural, mechanical, electrical"plumbing, and roofing components of the- Living Unit, any fences, and patio areas. (.-\,) Section 6. ~e initial assessment shall be Three Hundred ~:~ ~ Dollars ($300.00) per Lot (to be paid by the Owner at the time o~ closing on each Lot. Provided, however, the Developer shall not:r. be required to pay the initial assessment for any Lot it owns. p ~ The Association may use any part or all of said sum for the pur- ~ ~ poses set forth in Section 4 of this Article. ~ ~ c.r Section 7. The annual assessment shall be Three Hundred Dollars ($300.00) per Lot, for all zero lot line Lots on The Properties. The annual assessment for the remaining Lots in The Properties shall be One Hundred Fifty Dollars ($150.00) per Lot. Provided, however, the Developer shall not be required to pay an annual assessment for any Lot it owns. Each annual assessment shall b~ payable semiannually in advance on January 1 and July 1 and shall become delinquent if not paid within 15 days of the respective due dates thereof. The Association may use any part or all of said sum for the purposes set forth in Section 4 o~ this Article. Section 8. On or after June 30, 1982 the annual assessment may be increased or decreased by the Board of Directors of the Association after considering current maintenance costs and future needs of the Association, provided, however, that the annual assessment for each Living Unit may not be decreased when outstanding obligations of the Association remain unpaid. ,Section 9. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of all Common Areas to the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. Section 10. In addition to the annual assessment authorized above, the Association may levy, in any maintenance year, a spe- cial assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any unexpected expen- diture not anticipated in the annual budget, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of fifty-one percent (51%) of the votes of each -8- ......j.. ,... . LIJIl. 1 ~,.,. ,. "'... , T J '(( iiI r." .,.,. . , t I j. ,/ '~:.~':"'-TJt...~' ''';~~' class of Members who are voting in person or by proxy at a meeting duly called for this purpose. Provided, however, the Developer shall not be required to pay the special assessment any Lots it owns. . ~~i1/16;,. ~"'~~.' . . ~~'~ ' , for ,." Section 11. written 'notice of any meeting called for the purpose of taking any action authorized under Section 10 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such mee}ing called, the presence of Members or of proxies enti tIed to cast fifty percent (50%) of all the votes of each class of ~embership shall constitute a quorum and if a quorum is not pre- sent, another meeting shall be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 12. The allocation of annual and special assessments shall be set so as to be equal as to all Lot types, i.e., the allocation for all zero lot line Lots shall be equal and the allocation for all single family detached Living Unit Lots shall be equal.. · Section 13. upon demand, the Association shall furnish a certificate in writing signed by an officer of the Association to any OWner liable for an assessment. The certificate shall state whether said assessment has been paid and shall be conclusive .~ evidence of payment of any assessment therein stated to have been ~ , paid. '0-' .~ ~:2 Section 14. The lien of the assessments provided for herei~ shall be subordinate to the lien of any first mortgage recorded ? prior to the time of recording the claim of lien by the ~ Association. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pur- suant to,mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessment thereafter coming due or from the lien thereof. c:> r--.) (..I.) en Section 15. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local authority and devoted to public usei (b) all Common Areas as defined in Article I, Section 2(c), hereofi and (c) all Lots and Living Units owned by the Developer. ARTICLE VIII , ARCHITECTURAL REVIEW BOARD Section 1. In order to enhance, maintain and preserve values of The properties and all Living Units and Lots located therein, no building, fence, wall or other structure shall be commenced, erected or maintained upon The properties, nor shall any exterior addition to or change or alteration be made to any previous improvement on a Lot 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 by the Architectural Review Board. The ARB shall review such infor- mation to determine harmony of interior desig~, color and loca- tion in relation to surrounding structures and topography. For purposes of this Declaration and the duties and obligations created herein, the Architectural Review Board shall be con- sidered the agent of the Association and the Board. 1 -9- ~> . .. - . > .. '.".... .... .,. . ~,.... ~ ;. __--..,...._ .'1' '_ ,'~" ~ "":,,,., r....~ _~ ~-"r _. .-...... \ I ~. Section 2. The Developer shall, upon the recording Declaration, immediately form a committee known as the -Architectural Review Board, II hereinafter referred to as "ARB", initially consisting of three (3) persons designa~ed by the Developer. Their successors shall likewise be appointed by the Developer until the Turnover Date. After the Turnover Date, the ARB shall be appointed by the Board and shall serve at the pleasure of said Board. Provided, however, that in its selection of the ARB, the Board shall be obligated to appoint the Developer orJbis designated representative to such Board for so long as the qeveloper owns any Lots in The Properties. A quorum of the ARB shall be two (2) members and no decision of the ARB shall be binding without a quorum present and at least two concurring votes by Members of the ARB. >~~~'~~ of this .. ~-: Section 3. The ARB's approval or disapproval as required in these covenants shall be in writing. In the event the ARB fails to approve or disapprove the planned improvement within thirty (30) days after the plans and specifications and any other infor- mation it requires have been submitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied · with. Section 4. Should the ARB, the Developer, and/or the Board of Directors of the Association retain legal counsel to enforce or defend the provisions hereof, the reasonable attorney's fees and costs incurred, whether or not judicial proceedings are involved, including the attorney's fees and costs incurred on appeal of such judicial proceedings, shall be collectible from the Owner. ("I ,j.) ". -.J .. . ...- ':';: r :TI C-:l Q C) ...,., t......: r- (..\.; - ARTICLE IX MAINTENANCE Section 1. The Association, subject to the rights of the Owners as set forth in this Declaration, shall be responsible for the exclusive maintenance, management and control of the Common Areas in The Properties. The Common Areas contiguous to Howell Branch Creek will be maintained according to the policies '. established by the Department of Environmental Regulation, State of Florida. These policies will be reviewed from time to time by the Architectural Review Board. The Association shall keep the same in good, clean, attractive and sanitary condition, order and repair. The Association shall provide lawn and landscaping main- tenance for each zero lot line Lot in The Properties, except for the rear yard, patio areas and atrium areas. For purposes of this Section IIrear yard" shall be defined as that portion of the lot~lying behind an imaginary line running from one side lot line to the other side lot line, along the same plane as the rear boundary of the Living Unit as originally constructed. However, should a fence or wall be constructed on either or both side yards, "rear yardll shall in such case, be defined as that portion of the Lot lying behind such fence or wall. Section 2. Each Owner shall provide exterior maintenance of the Living Unit upon his Lot, including painting, repairing, replacing and caring of roofs, gutters, downspouts, exterior building surfaces, and other exterior improvements, including patio fences, if any. Each Owner shall also be responsible for lawn and shrub maintenance in his rear yard as defined in Section 1 and in all patio areas and atrium areas; and Owners of non zero lot line Lots will be responsible for maintenance of the entire yard. Should an Owner neglect or fail to maintain any lawn or landscaped area within his responsibility or neglect to maintain the exterior of his dwelling unit, then the Association may maintain or repair the same at such Owner's expense. Prior ~ ~ -10- ~""'"" '-. _J'-~-7""~ ' ""-~ c .~ 't" . l' < .~ . l~li. . ........~ . <- .. .,......./........ , - "Y'-" .' ."A.... . ," '.r \>'. . _ " c- ' . . to performing any maintenance on a Lot or Living Unit, the Association shall determine that said property is in need of repair or maintenance and is detracting from the overall appearance of The Properties. Prior to commencement of any main- tenance work on a Lot or Living Unit, the Association must fur- nish thirty (30) days prior written notice to the Owner at the last address listed in the Association's records for said Owner, notifying the Owner that unless certain specified repairs or maintenance are made within said thirty (30) day period, the Asspciation shall make said necessary repairs and charge same to tpe Owner. Upon the failure of the Owner to act within said periOd of time, the Association shall have the right to enter in or upon any such Lot or to hire personnel to do so to make such necessary repairs or maintenance as are s9 specified in the above written notice. In this connection the Association shall have the right to paint~ repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements. Section 3. The cost ot such exterior maintenance in Section 2 shall be assessed against the Lot upon which such maintenance is performed and shall be added to and become part of the annual maintenance assessment or charge to which such Lot is subject under Article VII hereof; and, as part of such annual assessment or charge, it shall be a lien and obligation of the Owner and shall become due and payable in all respects as provided in Article VII hereof. Provided that the Board of Directors of the Association, when establishing the' annual assessment against each Living Unit for any assessment year as required under Article VII hereof, may add thereto the estimated cost of the exterior main- tenance for that year but shall, thereafter. make such adjustment with the Owner as is necessary to reflect the actual cost thereof. . Section 4. -The provisions in this Article shall not be construed as an Obligation on the part of the Association to maintain any Lot or Living Unit for the benefit of any Owner. (..:..) . . . .i ....... .. - -,- C' ~ ;n C'") .::> 0 .." ;--..) r w cc Section 5. No change in color of any exterior walls or change ih'siding, shingles or other exterior materials of a Living Unit shall occur unless such change is approved by the ARB. The intent of this Subparagraph is to maintain the unifor- mity of color of exterior walls and types of materials used to. replace those initially approved by the ARB. ARTICLE X RESTRICTIVE COVENANTS Section 1. The Properties shall be subject to the following restrictions, reservations and conditions, which shall be binding upon~the Developer and upon each and every Owner who shall . acquire hereafter a Lot or any portion of The Properties, and shall be binding upon their respective heirs, personal represen- tatives, successors and assigns, as follows: Section 2. No Lot shall be used except for residential pur- poses. No structures shall be erected, altered, placed or permitted to remain on any Lot within The Properties other than one Living Unit, a private garage, and accessory buildings and structures such as swimming pools, screened enclosures and patios. Provided however, that notwithstanding any language to the contrary herein, nothing shall preclude the Developer or its agent from maintaining offices for the purposes of promoting the sale of Lots and Living Units within The Properties which in- cludes access to and use of the Common Areas by any required sales personnel and any attendant personnel required to be pre- sent to facilitate such sales. Section 3. No Living Unit shall be constructed on any Lot in -11- ~,. . "'-.-,.. -~ ,~~ -, ;,"'-" '""i" '~, '.. It) 1i .... ~ 'W~~'< 1- , . <.~,~, <''JlIfl11lJ j.nl.~~~'~4f~ The Propertles, with a living area less than One Thousand s~ Hundred (1,600) square feet. The floor space within the garage, breezeway, porch, or unfinished storage or utility room shall not be included within the living area for the purpose of determining the minimum allowable area. Section 4. No structure of a temporary character, trailer, boat, motor home, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence or appendage to 7uch residences, either temporarily or permanently. -- ,.,..- . I Section 5. No motor homes, recreational vehicles, boats, trailers or motor vehicles in excess of a 3/4 ton rating, shall be allowed to be kept or parked on any Lot or Common Area in excess of forty-eight (48) hours except iri an enclosed structure or garage. Section 6. No radio or television aerial or antenna nor any other exterior electronic or electrical equipment or devises of any kind shall be installe~ or maintained on the exterior of any Living Unit or structure on a Lot or on any portion of any Lot unless and until the location, size and design thereof shall have been approved by the ARB. . Section 7. No mail box or paper box or other receptacle of any kind for use ip the delivery of mail or newspapers, or maga- zines, or similar material shall be erected or located on any Lot unless the size, location, design and type of material for said boxes or receptacles shall have been approved by the ARB. :;..) --.J Section 8. No noxious or offensive activity shall be carriedc~ on upon any Lot, nor shall anything be done thereon which may be :n (") or may become an annoyance or nuisance to the neighborhood. 0 S~ction 9. No animals, livestock, or poultry shall be raised, bred, or kept on any Lot, except or other household pets may be kept provided they bred or maintained for any commercial purpose. of any kind that dogs, cats are not kept, C) -T1 N I 0.: c.c Section 10. No sign of any kind shall be displayed to the public view on any Lot except one (1) sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder or the Developer to advertise the property during the construction and sales period. Section 11. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition, and except during pick-up, if required to be placed at the street, all containers shall be kept at the side or rear of all ~wellings out of sight from the street. There shall be no burning of trash or any other waste materials on The Properties. Section 12. It is prohibited to hang and/or dust garments, rugs, or any other materials from the windows or from the front facade of any Living Units. Section 13. No fence, wall or other structure shall be erected, placed or altered on any Lot without the prior written approval of the ARB. The maximum allowable height of any fence or wall, shall be eight (8) feet. Section 14. The ARB shall approve all plans for landscaping of any Lot, prior to the Owner planting any shrubbery, trees or plants on any Lot in the Properties. Section 15. Any swimming pool constructed on any Lot shall be subject to the following restrictions, reservations and conditions: -12- ,- -.., I.~~~' (a) Construction may be onl;'~ of cori~*:'~;"~,':~ c~n~:~~ type material. (b) The outside edge of any pool wall may not be closer than five (5) feet to the walls of the house. "",J. (c) No pool wall may be constructed or placed closer than five (5) feet to the side and rear Lot lines, except that no pool wall may be constructed or placed closer than forty (40) fee} to any Lot line abutting the adjacent golf course or closer ~an twelve (12) feet to the platted right-of-way of Northern Way. (d) No pool or screening may be constructed within recorded utility, drainage, or landscape ~asement areas. (e) No screening of the pool may be constructed or placed nearer than forty (40) feet to any Lot line abutting the adjacent golf course. (f) No pool or s~reening shall be erected or placed on any Lot until the construction plans and specifications and a plan showing the location of same have been approved by the ARB. (g) No pool or screening shall be constructed within Twenty-Five (25) feet of any private road right-of-way. . . Section 16. (a) Each wall which is built as a part of the original construction of two Living Units and placed on the dividing line between two Lots, shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (J.) . , --.I - : ~- -;~ \ 1'~ n 0 0 ""T'\ " .. .;:: c (b) The cost or reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion of such use. 1c) If a party wall is destroyed or damaged by fire or other casualty and it is not covered by insurance, any Owner who has used the wall may restore it, and shall contribute to the cost of restoration thereof in proportion to its use without pre- judice, subject, however, to the right of any such Owner to call for a larger contribution from the remaining Owner under any rule or law regarding liability for negligent or willful acts or omissions. (d) Notwithstanding any other provlslons of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. , (e) The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 17. No structure shall be constructed or placed closer than forty (40) feet to any Lot line abutting the adjacent golf course. Section 18. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easements are for the benefit of each Lot and all improvements located on them, if any, shall be maintained con- tinuously by the Association, pursuant to the covenants of main- tenance provided for herein, except for those improvements for which a public authority or utility company is responsible. I. f -13- ,,... , -:. .....JC:,..c , . i+,;,f ~ ~". ~:1fr ..........'" rJU 1 "'.............. ~ . i, n~. ~,.. y ARTICLE XI ADDITIONAL COVENANTS AND RESTRICTIONS No owner, without the prior written approval of the Developer, may impose any additional covenants or restrictions on any part of The Properties. -~. ARTICLE XII / AMENDMENT ",: Section 1. Except as to provisions in this Declaration relating to specific items and the method'of amending or altering same, which are set forth in connection with such particular item, any other provisions, covenants or restrictions set forth in this Declaration may be amended, annulled, waived, or ter- minated in accordance with this Article. Section 2. Until the Turnover Date, the Developer shall have the sole right and power of amendment, annulment or waiver, and no amendment, annulment or waiver shall be undertaken by another- person without the prior written consent of Developer, its suc- cessors and assigns. Moreover, the Developer reserves and shall have the sole rignt (a) to amend these covenants and restrictions for the purpose of curing any ambiguity in or to any incon- sistency between the provisions contained herein, (b) to include in any contract or deed or other instrument hereafter made any additional covenants and restrictions applicable to The Properties which do not unreasonably lower standards of the cove- nants and restrictions herein contained, and (c) to release any Lot from any part of the covenants and restrictions which have been violated (including without limiting the foregoing, viola- tions 'of building restriction lines and provisions hereof relating thereto) if the Developer, in its sole judgment, deter- mines such violation to be a minor or insubstantial violation. l~-.~-l (") ..:> ( :!! [ I .;: Section 3. After the Turnover Date, the Owners who are eli- gible to ~ote as provided herein and who shall constitute at least two-thirds (2/3) of the Lots within The Properties, may change, amend, annul, waive, or terminate, any provision hereof, except as above mentioned, in whole or in part, by executing a written instrument in recordable form setting forth such change or amendment and having the same duly recorded in the Public Records of Seminole County, Florida. In lieu of a recorded instrument executed by all approving Owners, such instrument to be recorded may be executed by one hundred percent (100%) of the Members of the then existing Board, provided there is a cer- tification in such recorded instrument that a duly authorized Lot Owners' meeting was convened with the requisite quorum and necepsary affirmation vote of two-thirds (2/3) of the Members entitled to vote in person or by proxy for said amendment in accordance with the terms of this Declaration. Section 4. The Articles of Incorporation and By-Laws of the Association may be amended in the manner so provided in such documents. ARTICLE XIII DURATION The covenants, restrictions and provisions of this Declaration shall run with and bind the land and shall inure to the benefit of the Owners, the Developer, the Association, and their respective legal representatives, heirs, successors and assigns until amended, modified or terminated according to the terms of Article XII hereinabove set forth. These covenants, -14- r ,;.'!~ .,~ 1 n-~ . ~1:;:. .,.. - '''l' " ......,.-. n ....r'..,; f.'_ "'''''01&-;0, ., ~...,. --- . .,~ G:". ," 'provisions and restrictions may be te~;i~ated"lll~~,~,t';~me ~a~~~ set forth for amendment in Article XII. ARTICLE XIV ENFORCEABILITY ".;:~ Section 1. If any person, firm or corporation, or other entJty shall violate or attempt to violate any of these covenants o~'restrictions, it shall be lawful for the Developer, an indivi- dual Owner, the ARB, or the Association (a) to prosecute pro- ceedings for the recovery of damages against those so violating or attempting to violate any such covenantp or restrictions, or (b) to maintain a proceeding in any court of competent jurisdic- tion against those 'so violating or attempting to violate any such covenants or restrictions for the purpose of preventing or enjoining all or any such violations or attempted violations. Should the Developer, the ARB, an Owner, and/or the Association be required to enforce or defend the provisions hereof, their reasonable attorney's fees and costs incurred, whether or not judicial proceedings are involved, including the attorney's fees and costs incurred on appeal of such judicial proceedings, shall · be collectible from the party against whom enforcement is sought. The remedies contained in this provision shall be construed as cumulative of all other remedies now or hereafter provided by law. The failure of the Developer, its successors or assigns, any individual Owner, or the Assoclation, to enforce any covenant~ or restriction or any obligation, right, power, privilege, :.; authority or reservation herein contained, however long con- '~ tinued, shall in no event be deemed a waiver of the right to ~ enforce the same thereafter as to the same breach or violation, g or as to any other breach or violation thereof occurring prior to~ or subsequent t~. r Section 2. The invalidation of any prOV1Slon or provisions of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the other provi- sions of said covenants and restrictions which shall remain in full for~e and effect. ~ = .- -... ~ c:::> l'o,) +=- l'o,) Section 3. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the record of the Association at the time of such mailing. IN WITNESS WHEREOF, the Developer, RICHARD E. KISLING, INC. has caused this instrument to be executed by its duly authorized officers and its corporate seal to be hereunto affixed as of the day and year first above written. r Kisl~!, ,pres ~~;~~"';'I"""'" U \. .' ,. ... C '" .<-~~;:.::.~.:.. ......:..:'\~ : ~.: ,."$~ #~ '. :. ~: ~ :. 8" .> /~~ ": ~ J ": ~ ", -'c.) .,.. ...... ~ ~ \ (/....oJ ~ .... "'. ,,~, . , ~.. ,~ . "",,"'; ,',:' ,. '. 't .. ,.' C~ ti . [[4-()~" C. . State of Florida ) ) ) County of Orange BEFORE ME, personally appeared RICHARD E. KISLING to me well known and known to me to be the PRESIDENT of RICHARD E. KISLING, INC., and who executed the foregoing instrument and acknowledged -15- ;;""';__~1~- ~,.,~~ "before me that he executed the same for the purpose therein expressed. ,'~.. -l JJ. I .mlKl J1~.f;l_Ll J)~ IllIDInrJr. on behalf of the corporation WITNESS my hand and official seal this 1982. lJ' day of V-~-vj ?~ , ....\ {!')/1 (J I ~ tV' J .) -;/ /<..~ .....yLt! -c.../ Notary Public {) My Commission Expires: .....' ......... "-, .,." -., ~ '", , .,. " ,,- '., r t ~ ~ ..'::- ' t' f"""... .. . ;\L:,tary P'):)!>~1 S::.;t~ \~f FJorid:l ~t Li.~~3f'''; .'~? -...J " o j i:} ~ ;, v C';ll'n~:~c.. :1 .C :--':: ~3 .::ilu"ry 5, 1 '~~:':"'" .:;, Q-0 . (t. Gor;c(;~ ':,~ ,., .'~'. ......:.1 -r!:": ~ ~.t~L.;J:t). _,... "'" .' ( : . '\ "'.~ '1",. ~'. ....,......... ... ...,A/ / /", . ., :.:.) ,', ,'I '] ; , -....J -- - - .-- ..,- c::, r- L-=1 n 0 c:.> -n I'-,) r- .r=- (..I.) , :f -16- i.....'.,~ .,..",..........,.'-.~. '--"~" ---- JOINDER OF MOn.~Gt~. lLl .lUlL LIII tJ. IIJlI JIll'" .... T PARK FEDERAL SAVINGS AND LOA~J ASSOCIATION, (hereinafter referred to as the "Mortgagee"), joints the Developer/owner, Richard E. Kisling, Inc., a Florida corporation, in the fore- going DECLARATION OF COVENANTS AND RESTRICTIONS OF WOODSTREAM, but such joinder is entered into by Mortgagee without recourse or warranty, whether of title or otherwise, without assuming any obligation whatsoever of the Developer/owner; and reserving ~ Mortgagee all of its rights and remedies as granted under / "the Mortgages held by Mortgagee on the land and improvements lying and being in Seminole County, Florida, being more par- ticularly described in the Declaration, said Mortgages being recorded in O.R. Book 1306, Page 304; O~R. Book 1326, Page 1859; O.R. Book 1326, Page 1864; O.R. Book 1326, Page 1869; O.R. Book~ (~ 1326, Page 1874;- O.R. Book 1326, Page 1879; O.R. Bocik 1326, ~.';-.. Page 1884; O.R. Book 1326, Page 1839; O.R. Book 1326, Page 1844j -~ O.R. Book 1326, Page 1849; and O.R. Book 1326, Page 1854, publie Records of Seminole County, Florida, and under the Notes secure~ by said Mortgages and other loan documents executed in connecti~ ~ with said Mortgages. : ~ -I='" Dated this ~h day of January , 1982. . Witness: Witness: Q t,. PARK FEDERAL SAVINGS AND LOAN ASSOCIATION . BY:~' \~!tr J. jy :;"j/~AAttest: / If., ',' M. S san /:~~ (CORPORATE ec re~~.ry t~'f#,~sure~ '. /"- . .,'" ..~,~ ".-: . '~" -, -- :. {~, 0": _ ........_....-, :. ,.. '" ~ SEA~~,~ ~1 i.:' -.- . (..'r,.., "b.' 'J ..\: ," "~'?~~~03~ -;~"..... .,,'.ff'...... 1 STATE OF FLORIDA ) ) SS: COUNTY OF ORANGE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledg- ments, personally appeared Peter J. Gai di sand M. Susan Ful ford well known to me to be the Sen lOr Vl ce Pres. and Asst. ~ecretary-I reasur;er r~pectively, of PARK FEDERAL SAVINGS AND LOAN ASSOCIATION, the corporation named in the foregoing Declaration, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. , WITNESS my hand and o~i~ial seal in the County and State last aforesaid this &C. day of l..dd<tc~<-<~// , 1982. {/ ~~-f ,,; C..e C'r:: <!t./ -:%-~-L.- NOTARY PUBLIC My Commission ~~pires: -17- NI)~ary P:;:J~ic, :::c.!~ '~l)fl'F1rricta at large ..... "1. . r.:J C'::7','" '. '''';; .':::i;,'.lty 5, 1"935 [,G,,~('d 1.))-, ""' .~~~.,., .,~;c ... ""',M,o "I''' ,.... -'~lI""Y: o. , .J ' 'j 4" ~ I' ,," .' .... ~G\\J~ N -0\ ~r,y Q~ \D\~\G \).. C;\4R\ NG_S ' \\'l.~ c. SAo--te ~, A);. 45'4 ~ w\t0\tR S\?R\~G-S I FL "5 f2:1o<\ "-> 0 to (n 0 nt ~ Oe ::s ~- ~ ,." z ('. 0 ';; r- "1 ," n ~~ ,... ::' C) '" ""::; ....., c:....> :.-.... ""Ot:: r-- ,.... l;>, W C, ,...,,) r11 y~ f}: COVENANTS AND RESTRICTIONS FOR REPLAT OF WOODSTREAM KNOW ALL MEN BY THESE PRESENTS, that this Declaration of Covenan ts and Restrictions ("Declaration") is made and entered into this "Ll$r day of November, 1988, by Woodstream Partnership, Limi ted, a Florida limited partnership (hereinafter referred to as "Developer"). WIT N E SSE T H: WHEREAS, Developer is the owner of the land the subject of a proposed Repla t of a portion of Woodstream, Seminole County, Florida, described in attached Exhibit A, hereinafter the "Subject Property"; WHEREAS, the Subject Property is subject to other covenants and restrictions recorded against the property January 15, 1982, at O.R. Book 1374, Page 228, as amended by First Amendment recorded in O.R. Book 1395, Page 1367, the Developer's interest in which was assigned by Assignment of Developer's Interest, recorded in O.R. Book 1386, Page 290, and subsequently assigned by Appointment of Successor Developer, recorded in O.R. Book 1913, Page 1314, all in the Public Records of Seminole County, Florida (hereinafter collectively "Original Covenants"); WHEREAS, the Developer wishes to place the restrictive covenants hereinafter set forth on the Subject Property, in addition to the Original Covenants; and WHEREAS, Developer has no authority to place the restrictive covenants set forth below on any portion of the property originally platted as Woodstream, according to the plat thereof, as recorded in Plat Book 24, Pages 97 and 98, Public Records of Seminole County, Florida, other than the portion thereof comprising the Subject Property; NOW, THEREFORE, in consideration of the premises and covenants herein contained, the developer declares that the Subject Property, above, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants and restrictions (hereinafter "Covenants and Restrictions") set forth in this Declaration and that such Covenants and Restrictions shall run with the real property and be binding on all parties having any right, title, or interest in the Subject Property, as described herein, including their heirs, personal representatives, successors, and assigns. ARTICLE I Approval of Amendments No owner of any portion of any lot in the Subject Property, as originally platted or under any proposed or future replat, shall initiate or vote in favor of any change or amendment to the Covenants and Restrictions or to the Original Covenants without the prior approval of those changes or amendments by the City of Winter Springs, Florida. ARTICLE II Enforceability by Winter Springs The City of Winter Springs is a third party beneficiary to the Covenants and Restrictions set forth herein and has the right to enforce the rights and duties set forth in this Declaration at law as if a direct party hereto. r~I,. '"I ' :;'i~\' \Z !~~. ;,. "',- " k'. \^-,^-c.u..~'e. \L '2~~ '~.:,,~'~ \-\<JS\€--\:-\,€- ~ Ss r ~ \t. , "Cl - U"\'\ 0... '-"- ~ "E: A '\I €- C:Q\...1'\N'\>tl, F L -1- j'.! r.. ' ~n rra :t !E o ,.- m ("') p f',;) Q ~ ..r::- ttI <::> o ::;>t~ .:::: (""1 .~ ~~r: r-.,. . <"l <;t. ::-'..' , '"'0 ~ >cn ~., f1l ARTICLE III <:::> ;::1W ~) C,,,,) No Violations Nothing contained in these Covenants and Restrictions shall be construed to permit or authorize any violation or deviation from any article or provision of the City Code for the City of winter Springs, Florida, and no owner of any portion of any lot in the Subject Property, as originally platted or as replatted under any proposed or future replat, shall construe the Original Covenants to allow any violation of the City Code for the City of winter Springs, Florida, or vote in favor of any action under the terms of the Original Covenants which will result in any violation or deviation from the City Code for the City of Winter Springs, Florida. ARTICLE IV Effective Date These Covenants and Restrictions for Replat of Woodstream shall become effective as of the date and time both this Declaration and the Replat of the Subject Property a.re recorded a.nd not prior to the recording of both such items. IN WITNESS WHEREOF, the Developer, Woodstream Partnership, Ltd., has caused this instrument to be executed by its duly authorized agent as of the day and year first above written. imited, rship Signed, Sealed, and Delivered in the presence of 1'lClJ'flC\J,. \d Wrn Jf1\ty ..--- ~:J;L'2'~) I .--- / .. , ~( -z/~- " / /i '---.... L I By: As: STATE OF FLORIDA COUNTY OF OVA j.(' CJ1 OJ co C) co l'-..) :",j (/) !.... '-"1r" ,.,..;00 :::=A~ 00::" r-"""C"1 rlc~,:.:.. CJ~~' ';:;:: l:-2 g: ~'::; == ;'(} .::';-I:::n -<"r; , 0:;;:: ::-:c ,'...' The foregoing instrument i1~as executed and acknowledged before me this '2_ ( L~ day of IV ,;ore"- (,-<c__ , 1988, by 5"- ~..t, f. 'ff),. h.. , as d~-<- .( , of Woodstream Pattnership, Ltd., a Fldrida limited partnership. ., / to ;0 C,() rr1 = ("") c:::7 0 rn ;;0 (J Cl rr1 0 .:::- R<> " < =-~ ,." ;:t) .. ..,., U1 ,." N ......... \' t \ \t' t1, f" "" II I "'I ...' \' ,. ,j /. '" ,., \ ~4..".."~~ 1(14'''" / .. . . r ~'\ ....~_ / : :..... 0 I ^' R ~ ", -;:.:;' : "'; \\ '. ,1 :: .;.l ~ ~-..-;-:'~_//.' / /_: /l"z)-' :' /-;..-~ (Zj:...-::'" // 0' I / /.' / ! /1 -~. ,/ c: It if '---- ( Notary Public (/ My Commission Expires: .... ,lJ, I [I \ G '. ,CI , . "'..." ! r .. . . . . _ ~: :,. ...... ~ .: ,-,...:; ", /.1 r -,'" ~I I -j~,; \.. J ""........ "1" 111:1\'''\\\\\ 21361/87002.KRU/dlw ~c.by PnL:i' r.;",,, c'''' .. M. ( "... ;.,; ", -:"... .. t.rr;;ril '{ o"",]"..>ion E;,,'o'fn< 1'1 " J111n> " --' .; cd.:; "F&J OonC(lJ Thu Troy r'lin . I ' . I"$Ut.,'nco In<;t .J -2- E X ifill T 'I' "^" -----_._- --------- T.EGl\ r. IH~SCn I P'l'IOH Commence at the most Northerly corner of Lot 204, i \..]OOIHJ'I'ln:M.I, [19 recorded J 11 [> I al: Book 2t1, PnglO'ls I 97 ond 911 01: the Plll>lic Hecor(~s of Seminole County, Florida, thence rUIl H 44027'23" I E along the Southeasterly right-of-way line or Nuncy Circle 115.00 feet; thence run S 45032'37" E along the Northeasterly boundary of said Woodstream 115.00 feet to the poi.nt of beginni.ng 1 thence run Northeasterly and Southeasterly along the boundary of said Woodstream the following courses: '1' hen c e run N I 5 8 0 4 6 ' 5 111 E 1 5 6 . 5 3 fee t ; the n c e run S 6 0 0 3 5 I 5 8 " E 135.00 feet; thence run S 29024'02" \1 10.00 feet; thence run S 60035'58" E 40.00 feet; thence run S 11023'44" E 135.36 feet; thence run S 10016'00" r:: 259.99 feet to a point on the Northerly right-of-way line of aforesaid Nancy Circle, said point being on a curve concave Northerly having i a radius of L52.25 feet; thence run a lonq the Northerly right-of-way line of Nancy Circle the followinq courses: 'I'hence leaving said boundary from a tangent bearing of S 80006'46" W, Irun Westerly along the ar.clof said curve 172.97 feet through a central angle of: 3~0]7'16" to the point of tangency; thence run' N 60035'58" vI 399.20 feet; thence leaving said right-Of-way lline, run H 44027'23" E 239.22 feet; thence run N 45032'37" W 10.00 feet to the point of beginning. Containing therein 3.283 acres more or less. , 1 ,"'7 . f\C1QR'< ,,"\~f\\\St \'{ vI v 'r r"~'\~ ~\\.\l\\~'" \... '('R\)\ ." \,.h'" r \)1'- \\\ ......., C) <<I (J't <:::) m C"o;O .~~ /;- 3:. .;::- :~ X if. <::) :tOo ,.... f'- .1'1) ::;> ("') '... . (', 0 0 c::,; :lI ...; e.;O "1;)<::: r- Oo) )>0- 0) ~ rn 1I7~[):2172 03:0J8 ~ . . ---@- ~ciu.:. #U I 0 -~ ~ (~ ~~ OTY Of ,......._" ('P"I~lG. ..., t':_' . r;' . ':ED FIRST AMENDMENT TO DECLARATION OF OVENANTS AND RESTRICTIONS OF OODSTREAM DEe 0 9 1983 THIS FIRST AMENDl>lENT TO DECLARATION OF COVENANTS AND RE- STRICTIONS OF \vOODSTREAM i made and entered into this 1sT day of ::JC'ne. , 1982, by WO DSTREAM DEVELOPMENT COMPANY, a Florida corporation (hereinafter eferred to as "Developer"), as suc- ces~or in interest to Rich rd E. Kisling, Inc., a Florida corpo- ration. . (:~~~~~~~~~~ ~!. 1:.!:! ESe. E 1:.!!.: ~ ~~. ~ ' . ~~~ in Plat ook 24, '\ County, Florida CITY PLANt~ER cry WHEREAS, the Plat of WOODSTREAM was file Pages 97 and 98, Public Records of Seminole (hereinafter referred to as "Subject Property"); WHEREAS, the SUbjec't Property was submitted to the Declara- ~ tion of Covenants and Restrictions of Woodstream dated January 15, 1982, and filed January 15, 1982, at 12: 46 p.m. in Official Records Book 1374, Pages 228 through 244, Public Records of Seminole County, Flor ida (hereinafter referred to as the "Declaration"); WHEREAS, all right, title and interest held by Richard E. Kisling, Inc., a Florida corporation, in the Subject Property and under the Declaration was conveyed and assigned to Developer by the Warranty Deed dated April 6, 1982, and filed April 6, 1982, at 2: 39 p.m. in Official Records Book 1386, Pages 287 through 289, Public Records of Seminole County, Florida, and the Assign- ment of Developer's Interest in Woodstream dated April 6, 1982, and filed April 6, 1982, at 2:40 p.m. in Official Records Book 1386, Page 290, Public Records of Seminole County, Florida; and WHEREAS, Developer has the sole right and power to amend the Declaration and desires to amend the same to increase the annual assessment for zero lot line Lots, state when the responsibility for payment of annual assessments shall commence, and provide that the Association shall also maintain the rear yard of each zero lot line Lot. NOW, THEREFORE, Developer hereby declares the Declaration to be amended as hereinafter stated. 1. ARTICLE VII, COVENANTS FOR MAINTENANCE ASSESSMENTS, Section 7, is amended to state: Section 7. The annual assessment shall be Three Hundred and Sixty Dollars ($360.00) per Lot, for all zero lot line Lots on The Properties. The annual assessment for the remaining Lots in The properties shall be One Hundred Fifty Dollars ($150.00) per Lot. Provided, however, the Developer shall not be required to pay an annual assessment for any Lot it owns. Each annual assessment shall be payable semiannually in advance on January 1 and July 1 and shall become delinquent if not paid within 15 days of the respective due dates thereof. The Association may use any part or all of said sum for the purposes set forth in Section 4 of this Article. ~wq;>~~w~~ ~l~" ~ I~ :~ ~ R , .; it 0 .. -::c c...J 0 . ~ .2 DEe , 'I - ... q 1983 . ,. '~.", ,~ - ~ ..~ ~~= ,- -:/..-.- N a 0'1 .. -- .~ l :'1 - ~ I / / ~ . e . e .. 2. ARTICLE VI I, COVENANTS FOR MAl NTENANCE AND ASSESSt1ENTS, Section 9, is amended to state: Section 9. Each new Owner shall be re- sponsible for a pro rata share of the annual assessment commencing on the first day of the month following conveyance of the Lot to said Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year; any semiannual installment for that year already payable shall be paid at the time of conveyance. The Board of Directors shall fix the amount of the annual assessment against each Lot at least th i r ty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. 3. ARTICLE IX, MAINTENANCE, Section 1, is amended to state: Section 1. The Association, subject to the rights of the Developer and Owners as set forth in this Declaration, shall be respon- si ble for the excl us i ve maintenance, manage- ment and control of the Common Areas in The Properties. The Common Areas contiguous to Howell Branch Creek will be maintained ac- cording to the policies established by the Department of Environmental Regulation, State of Florida. These policies will be reviewed from time to time by the Archi tectural Review Board. The Association shall keep the same in good, clean, attractive and sanitary condi- tion, order and renair. The Association shall . provide lawn and .landscaping maintenance for each zero lot line Lot in The Properties, ex- cept for the patio areas and atrium areas. 4. ARTICLE IX, MAINTENANCE, Section 2, is amended to state: Section 2. Each Owner shall provide ex- terior maintenance of the Living unit upon his Lot, including painting, repair ing, replacing and caring of roofs, gutters, downspouts, ex- ter ior building sur faces, and other exter ior improvements, including patio fences, if any. Each Owner of a zero lot line Lot shall also be responsible for lawn and shrub maintenance in all patio areas and atrium areas. Owners of non-zero lot line Lots will be responsible for maintenance of the entire yard. Should an Owner neglect or fail to maintain any lawn or landscaped area within his responsibility or neglect to maintain the exterior of his dwell- ing unit, then the Association may maintain or repair the same at such Owner's expense. Prior to performing any maintenance on a Lot or Living unit, the Association shall deter- mine that said property is in need of repair or maintenance and is detracting from the overall appearance of The Properties. Prior to commencement of any maintenance work on a Lot or Living unit, the Association must fur- nish thirty (30) days prior written notice to the Owner at the last address listed in the Association's records for said Owner, notify- ing the Owner that unless certain specified -~- - (~j , L~ u:> :.~ \.':. .... U'\ ~ ~ ~ .- " r<1 ,.." n c:::> C) - " ,~ "'" ~ ."'" r- en , :~ CJ:) ". . e . e --..... ----- / / / repairs or maintenance are made within said thirty (30) day period, the Association shall make said necessary repairs and charge same to the Owner. Upon the failure of the Owner to act within said period of time, the Associa- tion shall have the right to enter in or upon any such Lot or to hire personnel to do so to make such necessary repairs or maintenance as are so specified in the above written notice. In this connection the Association shall have the right to paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements. 5. main and Property. Except as heretofore amended, the Declaration shall re- continue in full force and effect as to the Subject IN WITNESS WHEREOF, Developer has caused this instrument to be executed by its duly authorized officer and its corporate seal affixed on the date first stated above. Signed, sealed and delivered in the presence of: k 1-l-~c- 'x/1o..i1Uv .4u><'7UT -j By: ~ '<< ). l' STATE OF FLORIDA ) ) COUNTY OF ORANGE ) Story, r~~i .~.t 'V~ .",,". - ../ " ~::/~~ >..:";.. ~ Cl . , . --IN (' ~ 't,. ' = ....,:~ .::1 r., -;:....... (CORPORATE'~EAt) I '" ~; .' :~~, "r ,~:: .' ,,\ - J'" , _ -;. .... . '-), "( .... .,. .- -:.. ,>: ... f,) :: ...~ ""'''' ..,' ~, ; "" ". "II L c::......: "-JI ' , \" '1/1, , ...."" ~ BEFORE ME appeared personally this day BOBBY E. STORY, Presi- dent of \'lOODSTREAM DEVELOPMENT COMPANY, a Florida corporation, who acknowledged executing the foregoing instrument on behalf of said corporation. WITNESS my hand and official seal this I Sr day of ~ e-, 1982. r; .., r. J \,' ......._..,~.....,,~'" ..' \\....<T{~ ',~ ,,' .~ ......, ,....f ".. , " .," '..,,;.,~ (NOTARY SEAL) , .~:-~o f A fl)' "?- \ . ,.. .. . : : : ". :.....: ......... ,'1..1'<'::>: '.' " jJ U fi \_ .: <:- : t"'. . . ~ . '.. . """ .. I( "'" ," ........ :J. ..,' ~'........... .,...".. t ;' i r) ',: \~.~ .,..t." .... ~ i~,,,.. ,., -.- \ k~~ Notary Public ~ My Commission Expires: Rotary Public, Stll'~ of Florida at larvI My Commis~i::';1 L::p:r:;s Jur.e 11. 1983 _Iftd~ 'r ......om.o. iu. " c.....ux '-- PREPARED AND TO BE RETURNED TO: '. ~ STEPHEN W. SNIVELY, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. @) Two Sou th Or ange PIa za ~post Office Box 633 Orlando, Florida 32802 .) .:> -)1 '= ....., --- ,:; .,;;, ".. i- , ~ '.' ~I ;:J u..l " , 'J ) en t.O -3-