Note: This is an informational copy and is not certified. For a certified copy, please contact the Property Manager.
TIMACUAN MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
Jeffrey L. Kaplan, Esq.
GRAHAM, BUILDER, JONES, PRATT & MARKS, LLP
369 North New York Avenue, Third Floor
Winter Park, Florida 32789
TABLE OF CONTENTS
ARTICLE I : DEFINITIONS
1.1 “Additional Property” 1
1.2 “ARB” 1
1.3 “Assessment” 2
1.4 “Association” 2
1.5 “Board of Directors” 2
1.6 “Builder” 2
1.7 “Common Area” 2
1.8 “Declaration” 2
1.9 “Development Order” 2
1.10 “Development Plan” 2
1.11 “Drainage Easements” 2
1.12 “Entitled to Vote” 2
1.13 "Governing Documents” 3
1.14 “Lot” 3
1.15 “Member” 3
1.16 “Multi-Family Parcel” 3
1.17 “Owner” 3
1.18 “Party Wall” 3
1.19 “Person” 3
1.20 “Plat” 3
1.21 “Property” or “Properties” 3
1.22 “Residence” 3
1.23 “Rules and Regulations” 3
1.24 “Street” 3
1.25 “Timacuan Golf and Country Club” or “Golf Course” 4
1.26 “Tract” 4
ARTICLE II: PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO
2.1 Legal Description
ARTICLE III: MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.1 Membership 4
3.2 Voting Rights 4
3.3 General Matters 5
ARTICLE IV: PROPERTY RIGHTS IN THE COMMON AREAS; OTHER EASEMENTS
4.1 Member Easements 5
4.2 Easements Appurtenant 6
4.3 Maintenance 6
4.4 Utility Easements 6
4.5 Drainage Easements 6
4.6 Ownership 7
4.7 Easements Benefiting Neighboring Subdivisions 7
4.8 Surface Water or Stormwater Management System 7
4.9 Golf Course Easement 8
ARTICLE V STREETS
ARTICLE VI ASSOCIATION - COVENANT FOR MAINTENANCE ASSESSMENTS
6.1 Creation of the Lien and Personal Obligations of the Assessments 10
6.2 Purpose of Assessments 10
6.3 Reserves for Replacement 10
6.4 Working Capital 11
6.5 Maximum Annual Assessment 11
6.6 Specific Damage 11
6.7 Exterior Maintenance 11
6.8 Date of Commencement of Annual Assessments; Due Dates 11
6.9 Duties of the Board of Directors 12
6.10 Effect of Nonpayment of Assessment; Personal Obligation; Lien; Remedies of the Association 12
6.11 Subordination of the Lien 13
6.12 Collection of Assessments 13
6.13 Association’s Right to Receive Lease Payments 13
6.14 Trust Funds 13
ARTICLE VII ARCHITECTURAL CONTROL
7.1 Architectural Control 14
7.2 Appointment of ARB 14
7.3 Approval or Disapproval 14
7.4 Variances 14
7.5 Waiver of Liability 14
7.6 Term of Approval 15
ARTICLE VIII RESTRICTIVE COVENANTS
8.1 Water and Sewage Facilities 15
8.2 Landscaping 15
8.3 Driveways and Mailboxes 15
8.4 Window Coverings 15
8.5 Pools 15
8.6 Nuisances 16
8.7 Unsightly or Unkempt Conditions 16
8.8 Rules and Regulations 16
8.9 Animals and Pets 16
8.10 Garbage and Trash 16
8.11 Oil and Gas Tanks, Pool Equipment, Outdoor Equipment 17
8.12 Parking, Storage, Repair and Vehicular Restrictions 17
8.13 Temporary Structures 17
8.14 Signs 18
8.15 Air Conditioning Equipment 18
8.16 Drainage Structures 18
8.17 Antennas, Aerials, Dishes and Flagpoles 18
8.18 Subdivision of Lot and Time Sharing 18
8.19 Completion of Construction 19
8.20 Excavation 19
8.21 Maintenance of Protective Screening 19
8.22 Storage Areas 19
8.23 Utility Service 19
8.24 Changes to Development Plan or Development Order 19
8.25 Clotheslines 20
8.26 Play Equipment, Strollers, Etc 20
8.27 Trees 20
8.28 Sidewalks 20
8.29 Garages 20
8.30 Fences 20
8.31 Leasing of Residences 20
8.32 Site Distance at Intersections 21
8.33 Occupants Bound 21
8.34 Seasonal Decorations and Lighting 21
8.35 Artificial Vegetation, Exterior Sculpture, and Similar Items 21
8.36 Energy Conservation Equipment 21
8.37 Preserves, Lakes and Water Bodies 21
8.38 Business Use 22
8.39 Storm Precautions 22
8.40 Additional Rules and Regulations 22
ARTICLE IX PARTY WALLS
9.1 General Rules of Law to Apply 23
9.2 Sharing of Repair and Maintenance 23
9.3 Destruction by Fire or Other Casualty 23
9.4 Weatherproofing 23
9.5 Right to Contribution Runs with Land 23
9.6 Arbitration 23
ARTICLE X ENFORCEMENT
10.1 Compliance by Owners 24
10.2 Enforcement 24
10.3 Fines 24
10.4 Severability 25
10.5 Lessees to Comply with Declaration, Articles and Bylaws;
Effect of Noncompliance 25
ARTICLE XI GENERAL PROVISIONS
11.1 Municipal Service Taxing Units 25
11.2 Insurance and Fidelity Bonds 25
11.3 Duration 26
11.4 Notice 26
11.5 Severability 26
11.6 Amendments. 26
11.7 Effective Date 26
11.8 Conflict 26
11.9 Standards for Consent, Approval, Completion, Other Action and Interpretation 26
11.10 Easements 26
11.11 Covenants Running With the Land 27
11.12 Dissolution of Association 27
EXHIBIT A: Legal Description of the Property
EXHIBIT B: Legal Description of the Multi-Family Parcel
THIS AMENDED AND RESTATED TIMACUAN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the “Declaration”) is made this 12th day of February, 2001, by TIMACUAN COMMUNITY SERVICES ASSOCIATION, INC., a Florida corporation not-for-profit (the “Association”), whose address is 1350 Orange Avenue, Suite 100, Winter Park, Florida 32789.
RECITALS:
A. The Association is a corporation not-for-profit organized under the laws of the State of Florida in accordance with its Articles of Incorporation filed with the Secretary of State of the State of Florida on March 3, 1988, as amended.
B. Pursuant to Article XIII of that certain Timacuan Master Declaration of Covenants, Conditions and Restrictions recorded on March 2, 1988, in Official Records Book 1935, beginning at Page 1927, in the Public Records of Seminole County, Florida (the “Original Declaration”), the Association, authorized by resolution duly adopted by the Owners in accordance with the Original Declaration, desires to amend and restate the Original Declaration as set forth in this recorded instrument.
C. The Association desires to provide for the preservation and enhancement of the value of and the quality of life in the Property (defined hereafter), the personal and general health, safety and welfare of the owners of the affected lands, and for the maintenance of stormwater drainage and retention areas and improvements, irrigation and sprinkler systems, open spaces, green belts, recreational areas and facilities, and other common areas and improvements located on the Property.
NOW, THEREFORE, the Association hereby declares that the Property described in Article II of this Declaration is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration.
ARTICLE I - DEFINITIONS
The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings:
1.1 “Additional Property” means and refers to any property which has not been submitted in this Declaration.
1.2 “ARB” means and refers to the Architectural Review Board as
described in Article VII.
1.3 “Assessment” means and refers to a share of the funds required for payment of the expenses of the Association, which funds shall be assessed against an Owner from time to time.
1.4 “Association” means and refers to TIMACUAN COMMUNITY SERVICES ASSOCIATION, INC., a Florida corporation not-for-profit.
1.5 “Board of Directors” means and refers to the board of directors of the Association.
1.6 “Builder” means and refers to a Person which purchases and owns a Lot in order to construct a Residence for sale to a third party, and is not constructing the Residence for his or its own use.
1.7 “Common Area” means and refers to all real property (including the improvements thereto) and all personal property owned by the Association, to include all property designated as Common Area or for ownership and maintenance by the Association in any future recorded supplemental declaration or plat of Additional Property made subject to this Declaration, including, but not limited to, those so designated on the Plats referred to in Exhibit “A”; together with the landscaping and any improvements thereon, including, without limitation, all structures, recreational facilities, irrigation facilities, open space, retention areas, masonry walls, walkways, rights-of-way, entrance markers, signs, and street lights, if any, but excluding any public utility installations thereon.
1.8 “Declaration” means and refers to this Amended and Restated Timacuan Master Declaration of Covenants, Conditions and Restrictions, as recorded in the Public Records of Seminole County, Florida, and as the same may be supplemented or amended from time to time.
1.9 “Development Order” means and refers to the Development Order for Timacuan Development of Regional Impact adopted by the City of Lake Mary, Florida on May 15, 1986.
1.10 “Development Plan” means and refers to the non-binding, general scheme of intended uses of the lands included in the Timacuan Master Development Plan, as approved by the City of Lake Mary, Florida, as amended from time to time.
1.11 “Drainage Easements” means and refers to the drainage easements declared and reserved on the Plat.
1.12 “Entitled to Vote” means and refers to that Owner who shall cast a vote for a Lot at an Association meeting. If more than one Person shall own any Lot, the Owners thereof shall determine among themselves who shall be the Member Entitled to Vote. That determination shall be manifested upon a voting certificate, signed by all Owners of that Lot, and given to the secretary of the Association for placement in the Association records. Notwithstanding anything contained in this Declaration to the contrary, all Owners whether Entitled to Vote or not are assured of all other privileges, rights, and obligations of Association membership and shall be Members of the Association. In no event shall any mortgagee or other party holding any type of security interest in a Lot or the Residence constructed thereon be Entitled to Vote for purposes hereof, unless and until any of those parties obtain or receive fee simple title to the Lot.
1.13 “Governing Documents” means and refers to the Articles of Incorporation and the Bylaws of the Association, this Declaration, and any Rules and Regulations promulgated hereunder, all as may be amended and/or supplemented from time to time.
1.14 “Lot” means and refers to any Lot shown on a Plat of any portion of the Property, which Plat is designated by the Association or by any other recorded instrument to be subject to this Declaration (and to the extent the Association is not the Owner thereof, then designated by the Association and joined by the Owner thereof), any Lot shown upon any resubdivision of any Plat, and any other property hereafter declared as a Lot by the Association and thereby made subject to this Declaration.
1.15 “Member” means and refers to all those Owners who are members of the Association as provided in Article III of this Declaration, and shall include both Class A and Class B Members.
1.16 “Multi-Family Parcel” means and refers to that certain real property owned by Bentley Park Associates, Ltd., a Florida limited partnership, and described in Exhibit “B” attached hereto and incorporated by reference herein.
1.17 “Owner” means and refers to the record owner, whether one or more Persons of the fee simple title to any Lot situated upon the Property.
1.18 “Party Wall” means and refers to the entire wall, from front to rear, all or a portion of which is used for support, situate or intended to be situate on the boundary line between adjoining, separately owned improvements.
1.19 “Person” means and refers to an individual, corporation, limited liability company, governmental agency, business trust, estate, trust, partnership, association, sole proprietorship, joint venture, two or more persons having a joint or common interest, or any other legal entity.
1.20 “Plat” means and refers to the Plats referenced in Exhibit “A” attached hereto, together with any plat of Additional Property made subject to this Declaration and to the jurisdiction of the Association.
1.21 “Property” or “Properties” means and refers to all of the property as described in Article II of this Declaration, and additions thereto, as are now or hereafter made subject to this Declaration and to the jurisdiction of the Association.
1.22 “Residence” means and refers to any residential building constructed on a Lot.
1.23 “Rules and Regulations” means and refers to any rules and regulations promulgated from time to time by the Association, the Architectural Review Board (the “ARB”), or the other committees established by the Board of Directors pursuant to duly authorized power granted in the Governing Documents.
1.24 “Street” means and refers to the streets as shown on the Plat, whether designated as street, avenue, boulevard, drive, place, court, road, terrace, way, circle, land, walk or other similar designation.
1.25 “Timacuan Golf and Country Club” or “Golf Course” means and refers to the real property depicted in the Development Plan to the extent devoted to and developed for golf course use.
1.26 “Tract” means and refers to those certain parcels shown as lettered tracts on the Plat.
ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION;
ADDITIONS THERETO:
2.1 Legal Description. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows:
See Exhibit “A” attached hereto and incorporated by reference herein.
This real property, and all Additional Property, is collectively referred to in this Declaration as the “Property” or the “Properties.”
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.1 Membership. Every Person who is an Owner shall be a Member. Notwithstanding anything else to the contrary set forth in this Article, any Person who holds the interest merely as security for the performance of an obligation shall not be a Member. Membership in the Association shall be appurtenant to each Lot and may not be separated from ownership of that Lot. The record title holder to each Lot shall automatically become a Member and shall be assured of all rights and privileges thereof. To the extent that the deed shall pass title to a new Owner from an existing Owner, membership in the Association shall be transferred from the existing Owner to the new Owner. In no event shall any mortgagee or other party holding any type of security interest in a Lot or the Residence constructed thereon be a Member unless and until any of those parties obtain or receive fee simple title to the Lot.
3.2 Voting Rights. The Association will have two (2) classes of voting membership:
3.2.1 Class A. Class A Membership shall include all those Owners as defined in this Article. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership by this Article. When more than one Person holds the interest or interests in any Lot, all the Persons shall be Members, but the vote for the Lot shall be exercised only by that one Person who is Entitled to Vote. In no event shall more than one vote be cast with respect to any Lot.
3.2.2 Class B. The Class B Membership shall be BENTLEY PARK ASSOCIATES, LTD., a Florida limited partnership, its successors and or assigns, and shall be entitled to ONE HUNDRED (100) votes, which voting rights are appurtenant to its ownership of the Multi-Family Parcel. The Class B Member shall be obligated to pay annual assessments in the amount of $46,500.00, payable in quarterly installments, as required pursuant to that certain Agreement between the Class B Member and the Association dated February 10, 1999 (the “Agreement”), a copy of which Agreement is on file with the Association; provided, however, until such time as all of the units in the Multi-Family Parcel have received a certificate of occupancy, the Class B Member shall only be required to pay annual assessments in the amount of $150.00 per unit in the Multi-Family Parcel. The Association shall have the right to lien the Multi-Family Parcel in accordance with this Declaration if the Class B Member fails to comply with the terms and conditions of this Declaration and/or the Agreement.
3.2.3 Joint Ownership. When any Lot is titled in the name of two or more Persons, or if two or more Persons have the same fiduciary relationship respecting the same Lot, then unless the instrument or order appointing them or creating the tenancy otherwise directs, and a copy thereof is filed with the secretary of the Association the Members will select one official representative to qualify for voting in the Association and will notify in writing the Association of the name of such individual. The vote allocated to any Lot may not be divided or cast in any fraction, and the vote of each official representative will be considered to represent the will of all the Members with respect to that Lot. If the Members fail to designate their official representative, the Association may accept the Person asserting the right to vote as the voting Member until notified to the contrary by the other Member(s). Upon such notification no affected Member may vote until the Member(s) appoint their official representative pursuant to this subsection.
3.3 General Matters. When reference is made in the Governing Documents, management contracts or otherwise, to a majority or specific percentage of Members, the reference shall be deemed to be reference to a majority or specific percentage of the votes of Members Entitled to Vote and not of the Members themselves.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON AREAS; OTHER EASEMENTS
4.1 Member Easements. Each Member, and each tenant, agent and invitee of the Member or tenant, shall have a nonexclusive permanent and perpetual easement over and upon the Common Area for the intended use and enjoyment thereof in common with all other Members, their tenants, agents and invitees, in such manner as may be regulated by the Association. Without limiting the generality of the foregoing, these rights of use and enjoyment are hereby made subject to the following:
4.1.1 The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Area and facilities in compliance with the provisions of this Declaration, the restrictions on the Plats of portions of the Properties from time to time recorded, and/or with any additional restrictions that may be from time to time recorded;
4.1.2 The right of the Association to suspend the Owner’s voting rights for the nonpayment of regular annual Assessments that are delinquent in excess of ninety (90) days, including late fees, interest, and the costs of collection;
4.1.3 The right of the Association to adopt at any time and from time to time and enforce Rules and Regulations governing the use of the Lots and Common Area and all facilities at any time situated thereon, including the right to fine Members as provided for in this Declaration. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration; and
4.1.4 The right to the use and enjoyment of the Common Area and facilities thereon shall extend to all permitted user’s immediate family who reside with him subject to regulation from time to time by the Association in its lawfully adopted and published Rules and Regulations.
4.2 Easements Appurtenant. The easements provided in this Article shall be appurtenant to and shall pass with the title to each Lot.
4.3 Maintenance. The Association shall at all times maintain in good repair and manage, operate and insure, and shall replace as required, the Common Area, together with the paving, drainage structures, masonry walls, lighting fixtures and appurtenances, landscaping, sprinkler systems, entrance markers, signs, improvements and other structures installed by the Association situated on the Common Area, with all the work to be done as ordered by the Board of Directors. In order to maintain, manage and operate the Common Area and any appurtenances which are described above, the Association shall have the right and authority to enter into any contracts or agreements as the Board of Directors deem appropriate, including without limitation entering into any agreements providing for the Associations’s payment of its fair share of the maintenance and repair costs of any adjacent property used for the drainage of stormwater from the Properties or for purposes otherwise benefitting the Property as determined by the Board of Directors. Maintenance of these lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. The Owner shall be responsible for the maintenance, replacement, and repair of all walls, gates, paving, structures and improvements located on his Lot, other than those specifically provided to be maintained by the Association. All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through Assessments (either general or special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for Assessments by non-use of the Common Area or Lots or abandonment of the right to use the Common Area.
4.4 Utility Easements. The Association shall have the right to grant permits, licenses, and easements over the Common Area for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of the Property. In addition, easements over, upon, under, through and across the Common Area are reserved to the Association.
4.5 Drainage Easements. Drainage Easements have been declared and reserved as shown on and created by the Plat. Each Owner of any Lot encumbered by a Drainage Easement upon which a drainage swale is located shall be solely responsible for the repair and maintenance of the drainage swale as set forth in this Declaration. Alteration, filling, obstruction or removal of any drainage swale or drainage control facility or structure is expressly prohibited. In the event any Owner fails to repair and maintain any drainage swale or alters or obstructs any drainage swale or other drainage facility or structure, the Association may repair, replace, and/or maintain the drainage swales, facilities and structures and assess the Owner for the costs and expenses incurred in order to accomplish the foregoing. Each Owner hereby grants an easement and license to the Association over, upon and across the Owner’s Lot in order to facilitate and accomplish the foregoing. Further, no Owner shall place, erect or construct any wall, fence, or other improvement or otherwise permit anything to occur within any Drainage Easement area which would in any way obstruct or affect the Surface Water or Stormwater Management System (as hereinafter defined), a Drainage Easement or any swale, pipe or drainage control facility or structure located in or on the Drainage Easement, unless, in the event of construction of any improvements, the improvements have been approved by the ARB.
4.6 Ownership. As shown on the Plat, the Common Area is hereby dedicated non exclusively to the use, in common, of the Owners of all Lots that may from time to time constitute part of the Property and the Owners’ tenants, guests and invitees. Beginning on the date this Declaration is recorded, the Association shall be responsible for the maintenance of the Common Area (whether or not then conveyed or to be conveyed to the Association) and the maintenance shall be performed in a continuous and satisfactory manner. It is intended that all real estate taxes, if any, assessed against that portion of the Common Area owned or to be owned by the Association shall be proportionally assessed against and payable as part of the taxes of the Lots within the Properties. However, in the event that, notwithstanding the foregoing, any taxes are assessed directly against the Common Area, the Association shall be responsible for the payment of the same, including taxes on any improvements and any personal property located thereon, which taxes accrue from and after the date this Declaration is recorded. The Common Area cannot be mortgaged or conveyed without the consent of a majority of the Board of Directors. If ingress or egress to any Residence is through the Common Area, any conveyance or encumbrance of the Common Area shall be subject to the Owner’s easement for ingress and egress.
4.7 Easements Benefitting Neighboring Subdivisions. The Association shall have the right to grant permits, licenses and easements over the Common Area, except for any portion of the Common Area dedicated to Seminole County, Florida, or other governmental authority, for signage, drainage, storm water retention/detention, and other purposes for the benefit of neighboring subdivisions or other entities, provided that the Common Area concerned is not unreasonably burdened by the additional use and provided that any neighboring subdivision or entity is required as a provision of the permit, license or easement to indemnify the Association from any loss or claim concerning same and to maintain the easement areas and improvements thereto and thereon to the satisfaction of the Association and/or to compensate the Association for its maintenance, management and operation of same in advance by one (1) annual payment or by quarterly or semiannual installments and with provisions for reserves, insurance, overhead, capital improvements and special Assessments, on a full or prorated basis as appropriate (or alternatively to reimburse the neighboring subdivision or other entity accepting responsibility for the maintenance for the Association’s fair share of same), and provided that any necessary governmental approval is first obtained. The Board of Directors shall have the right to authorize an officer of the Association to grant the permits, licenses or easements.
4.8 Surface Water or Stormwater Management System.
4.8.1 Definition. “Surface Water or Stormwater Management System” means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges.
4.8.2 Duties of Association. The Association shall be responsible for the maintenance, operation and repair of the Surface Water or Stormwater Management System. Maintenance of the Surface Water or Stormwater Management System shall mean the exercise of practices which allow the system to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the applicable water management district (the “Water Management District”). Any repair or reconstruction of the Surface Water or Stormwater Management System shall be as permitted or, if modified, as approved by the Water Management District.
4.8.3 Maintenance Assessments. Assessments shall be used for the maintenance and repair of the Surface Water or Stormwater Management System including but not limited to work within retention areas, drainage structures and Drainage Easements. The annual Assessment shall include, as necessary, an amount for reserves for extraordinary repairs of the Surface Water or Stormwater Management System. The Assessments provided for in this Section shall be held in an account separate and apart from all other Association funds.
4.8.4 Easement for Access and Drainage. The Association shall have a perpetual nonexclusive easement over all areas of the Surface Water or Stormwater Management System for access to operate, maintain or repair the system. By this easement, the Association shall have the right to enter upon any portion of any Lot which is a part of the Surface Water or Stormwater Management System, at a reasonable time and in a reasonable manner, to operate, maintain or repair the Surface Water or Stormwater Management System as required by and in accordance with the applicable Water Management District permit. Additionally, the Association shall have a perpetual nonexclusive easement for drainage over the entire Surface Water or Stormwater Management System. No Person shall alter the drainage flow of the Surface Water or Stormwater Management System, including buffer areas or swales, without the prior written approval of the ARB.
4.8.5 Swale Maintenance. Notwithstanding anything in this Declaration to the contrary, each Owner, including Builders, shall be responsible for the maintenance, operation and repair of any drainage swale, if any, located on the Lot. Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the Water Management District. Filling, excavation, construction of fences or otherwise obstructing the surface water flow in drainage swales and the alteration of drainage swales is prohibited. Any damage to a drainage swale, whether caused by natural or manmade phenomena, shall be repaired and the drainage swale returned to its former condition as soon as possible by the Owner(s) of the Lot(s) upon which the drainage swale is located.
4.9 Golf Course Easement.
4.9.1 Easement Reserved. There is hereby created and reserved a nonexclusive easement of ingress and egress over any Lot (but not over any building constructed thereon) that is contiguous at any point to any part of the Golf Course (including, without limitation, any part of the Golf Course that may be unimproved, that may consist of pathways between trees and greens, or that may be practice areas) that is developed or may hereafter be developed in Timacuan, for the benefit of any person engaged in playing golf on the Golf Course, for the purpose of allowing any such person ingress to and egress from the Lot to retrieve such person's golf ball (but not to strike or play the ball).
4.9.2 Limitation of Liability. The Association and the owner of Timacuan Golf and Country Club, and their respective successors, assigns, employees, officers and directors shall not be liable in any respect to the Owner or any member of the Owner's family, or any tenant, guest, or invitee of any Owner of any Lot over which this easement may exist for injury to persons or damage to property caused by or arising out of the acts or omissions of any person who may use this easement, with or without the consent of the Association or the owner of Timacuan Golf and Country Club. The Owners hereby indemnify, hold harmless and agree to defend the Association and its successors and assigns from any liability for any such injury to persons or damage to property and any costs and attorney's fees in connection therewith. This limitation of liability is not intended to benefit a person who actually and directly causes such injury or damage (for example, a person who strikes a golf ball that causes injury or damage), but is solely for the benefit of the Association and the owner of the Timacuan Golf and Country Club, and their respective successors, assigns, employees, officers and directors.
4.9.3 Limitations on Owners. No Owner shall have any right to trespass on or over any part of the Golf Course or to use the Golf Course or any part of it in any manner whatsoever, unless the Owner is a member, licensee or guest of Timacuan Golf and Country Club, and then only to the extent permitted by the rules and regulations governing such members, licensees or guests.
4.9.4 Binding Effect and Assignment. All provisions of this easement run with the land and are binding upon each Owner of a Lot encumbered by this easement.
4.9.5 Enforcement. The Association and the owner of Timacuan Golf and Country Club may enforce any of the provisions of this Article by injunction or other equitable relief or by an action at law for damages, or both, and the prevailing party shall be entitled to recover its attorney's fees and expenses.
ARTICLE V
STREETS
The Board of Directors shall have the right to adopt and enforce reasonable rules and regulations concerning street usage, after first giving notice to all Owners at least ten (10) days prior to the meeting at which the regulation is to be considered, which notice shall indicate the subject matter of the proposed regulation. In addition to the regulations, the following restrictions shall apply:
(a) Street Parking. To ensure the safety and well-being of the residents and to maintain the overall appearance of the community, unless a street is specifically designated for such use, no vehicle may remain parked for more than two (2) hours, except that vehicles of guests who are visiting an Owner may park in the Street for a period not exceeding six (6) hours if there is no room in the Owner’s driveway. However, any vehicle so parked must not be parked in any way as to hinder ability to pass on the Street, access any driveway or to create a safety hazard. Vehicles parked in violation are subject to fines as outlined in Article X (10) of the covenants. The amount of the fine may be progressive based on frequency. At the option of the Association, the vehicle may also be towed as specified in Article 8.12 of this Declaration.
(b) Prohibited Vehicles. Each of the following vehicles is prohibited from using the Streets within the Properties: motor scooters, all-terrain vehicles, dune buggies or similar vehicles.
(c) Emergency Vehicles; Utilities. Notwithstanding any of the other provisions of this Article, there is granted a perpetual easement over the Streets within the Properties for purpose of providing access to police, fire, ambulance and other emergency vehicles; for refuse collection, and for the maintenance and operation of utilities serving the Properties. The Association shall have the right to designate a single refuse collection service to enjoy the easement hereby granted.
(d) Construction Vehicles. Access shall be permitted for construction vehicles during daylight hours for the purpose of constructing improvements which have received prior approval of the ARB.
See also Covenant 8.12
ARTICLE VI
ASSOCIATION-COVENANT
FOR MAINTENANCE ASSESSMENTS
6.1 Creation of the Lien and Personal Obligations of the Assessments. Except as provided elsewhere in this Declaration, each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in the deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Assessments or charges for the maintenance, management, operation and insurance of the Common Area, the Surface Water or Stormwater Management System, and other properties that may be otherwise used for the benefit of the Property as provided elsewhere in this Declaration, including such reasonable reserves as the Association may deem necessary, capital improvement Assessments, as provided elsewhere in this Declaration and all other charges and Assessments referred to in this Declaration, all the Assessments to be fixed, established and collected from time to time as provided in this Declaration. In addition, special Assessments may be levied against particular Owners and Lots for fines, expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special and other Assessments, together with the interest thereon and costs of collection thereof as provided in this Declaration, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Assessment is made, and is subject to all remedies available at law or equity, including, but not limited to, foreclosure proceedings. Each Assessment, together with the interest thereon and costs of collection thereof as provided in this Declaration, shall also be the personal obligation of the Person who is the Owner of the Lot at the time when the Assessment fell due. Except as provided in this Declaration with respect to special Assessments which may be imposed on one or more Lots and Owners to the exclusion of others, all Assessments imposed by the Association shall be imposed against all Lots subject to its jurisdiction equally. Reference in this Declaration to Assessments shall be understood to include reference to any and all of those charges whether or not specifically mentioned.
6.2 Purpose of Assessments. The regular Assessments levied by the Association shall be used exclusively for maintenance, repair, renovation, and construction upon the Common Area, the maintenance and repair of the Surface Water or Stormwater Management System, and the maintenance and repair of the other properties as may be used for the benefit of the Property, as specifically provided in this Declaration, capital improvements, reserves, operating costs of the Association and to promote the health, safety, welfare and aesthetics of the Members and their families residing with them, their guests and tenants, all as provided for in this Declaration.
6.3 Reserves for Replacement. The Association shall be required to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Area. The reserve fund shall be maintained from annual Assessments.
6.4 Working Capital. Upon the closing of the sale or the occupation of a Residence, the buyer (or Owner) of the Residence shall pay to the Association an amount equal to TWO HUNDRED FIFTY DOLLARS ($250.00) for the Lot, which amount shall be maintained in an account by the Association as working capital for the use and benefit of the Association, and shall not be considered as advance payment of annual Assessments. The maximum amount for working capital required hereunder may be increased each year, upon approval by a majority of the Board of Directors without a vote of the Membership, by an amount not greater than ten percent (10.0%) above the maximum amount for working capital for the previous year. The Board of Directors may fix the amount for working capital at an amount not in excess of the maximum. Any increase in excess of ten percent (10.0%) shall require the approval of at least sixty-six and two-thirds percent (66 2/3%) of the Members.
6.5 Maximum Annual Assessment. The maximum annual Assessment per Lot shall be established by the Board of Directors. The maximum annual Assessments may be increased each year, upon approval by a majority of the Board of Directors without a vote of the Membership, by an amount not greater than ten percent (10.0%) above the maximum Assessment for the previous year. The Board of Directors may fix the annual Assessment at an amount not in excess of the maximum. Any increase in excess of ten percent (10.0%) shall require the approval of at least sixty-six and two-thirds percent (66 2/3%) of the Members.
6.6 Specific Damage. Owners (on their behalf and on behalf of their children, invitees, tenants and guests) causing damage to any portion of the Common Area as a result of misuse, negligence, failure to maintain or otherwise shall be liable to the Association, and an appropriate special Assessment may be levied therefor against the Owner or Owners. The special Assessments shall be subject to all of the provisions hereof relating to other Assessments, including, but not limited to, the lien and foreclosure procedures.
6.7 Exterior Maintenance. The Owner of each Lot shall maintain the exterior of the Residence and the Lot at all times in a neat and attractive manner and as provided elsewhere in this Declaration. Upon the Owner’s failure to do so, the Association may at its option, after giving the Owner fifteen (15) days written notice sent to his last known address, or to the address of the subject premises, perform the reasonable maintenance and make the repairs as may be required to restore the neat and attractive appearance of the Lot and the exterior of the Residence located on the Lot. The cost of any of the work performed by the Association upon the Owner’s failure to do so shall be immediately due and owing from the Owner of the Lot and shall constitute a special Assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as provided for in this Declaration. No bids need to be obtained by the Association for any of this work and the Association shall designate the contractor in its sole discretion. The Association shall not be liable to the Owner for trespass, conversion, or otherwise, nor guilty of any criminal act, by reason of the exercise of the rights in this Section.
6.8 Date of Commencement of Annual Assessments; Due Dates. The annual Assessments provided for in this Article shall commence on the first day of the month next following the recording of this Declaration and shall be applicable through December 31 of the year. Each subsequent annual Assessment shall be imposed for the year beginning January 1 and ending December 31. The annual Assessments shall be payable in advance by one (1) annual payment, or by quarterly or semiannual installments in the discretion of the Board of Directors. At the time of the closing of the sale of any Lot upon which a Residence has been constructed by any Builder, the purchaser thereof shall pay to the Association an amount equal to the annual Assessment multiplied by a fraction, the numerator of which is the number of days remaining in the year of closing (including the date of closing) and the denominator of which is 365. The due date of any special Assessment shall be fixed in the Board of Directors resolutions authorizing the Assessment.
6.9 Duties of the Board of Directors. The Board of Directors shall fix the date of commencement and the amount of the Assessment against each Lot subject to the Association’s jurisdiction for each Assessment period, to the extent practicable, at least thirty (30) days in advance of the date or period, and shall, at that time, prepare a roster of the Lots and Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the Assessment shall then be sent annually to every Owner subject thereto thirty (30) days prior to payment of the first installment thereof, except as to emergency Assessments. Nothing in this Section shall require the Association to prepare or send written notices of Assessment to every Owner more frequently than once per year. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an Assessment a certificate in writing signed by an officer of the Association, setting forth whether the Assessment has been paid as to any particular Lot. The certification shall be conclusive evidence of payment of any Assessment to the Association therein stated to have been paid. The Association may charge a reasonable fee for the certificate. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more Persons, firms or corporations for management services or for other services beneficial to the Association or the proper operation and maintenance of the Properties. The Association shall have all other powers provided elsewhere in this Declaration, in its Articles of Incorporation and its Bylaws.
6.10 Effect of Nonpayment of Assessment; Personal Obligation; Lien; Remedies of the Association. If the Assessments (or installments), whether general or special, are not paid on the date when due, then the Assessments (or installments) shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as provided in this Declaration, then become a continuing lien on the Lot which shall bind the property. Each Assessment against a Lot shall also be the personal obligation of the Owner at the time the Assessment fell due.
6.10.1 IF ANY INSTALLMENT OF AN ASSESSMENT IS NOT PAID WITHIN FIFTEEN (15) DAYS AFTER THE DUE DATE, REGARDLESS OF WHETHER THE OWNER ACTUALLY RECEIVED NOTICE THAT SUCH PAYMENT IS DUE, AT THE OPTION OF THE ASSOCIATION, A LATE CHARGE NOT GREATER THAN TWENTY-FIVE AND NO/100 DOLLARS ($25.00) MAY BE IMPOSED AND ALL THE SUMS SHALL BEAR INTEREST FROM THE DATES WHEN DUE UNTIL PAID AT THE HIGHEST LAWFUL RATE, AND THE ASSOCIATION MAY BRING AN ACTION AT LAW AGAINST THE OWNER(S) PERSONALLY OBLIGATED TO PAY THE SAME, MAY RECORD A CLAIM OF LIEN AGAINST THE LOT ON WHICH THE ASSESSMENT AND LATE CHARGES ARE UNPAID, AND MAY FORECLOSE THE LIEN AGAINST THE LOT ON WHICH THE ASSESSMENTS AND LATE CHARGES ARE UNPAID, AND THE OWNER SHALL BE LIABLE TO THE ASSOCIATION FOR ALL REASONABLE LEGAL FEES AND COSTS INCURRED BY THE ASSOCIATION AS A RESULT OF THE OWNER'S FAILURE TO TIMELY PAY THE ASSESSMENT OR INSTALLMENT. IN ANY ACTION OR ACTIONS, THE ASSOCIATION SHALL ALSO HAVE THE RIGHT TO RECOVER ITS ATTORNEYS’ FEES (INCLUDING PARALEGAL FEES) AND COSTS, WHETHER INCURRED BEFORE TRIAL, AT TRIAL AND UPON ALL APPELLATE LEVELS.
6.10.2 In addition to the rights of collection of Assessments stated in this Article, any and all Persons acquiring title to or an interest in a Lot as to which the Assessment is delinquent, including without limitation Persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of the Lot or the enjoyment of the Common Area until the time as all unpaid and delinquent Assessments due and owing from the selling Owner have been fully paid. No sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all Assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by this Article.
6.10.3 It shall be the legal right of the Association to enforce payment of the Assessment hereunder. Failure of the Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder.
6.11 Subordination of the Lien. The lien of the Assessments provided for in this Article shall be subordinate to tax liens and to the lien of any first mortgage in favor of an institutional lender which is now or hereafter placed upon any property subject to Assessment; provided, however, that any mortgagee, when in possession, or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any mortgagee acquiring a deed in lieu of foreclosure, and all Persons claiming by, through or under the purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment coming due after the foreclosure (or conveyance in lieu of foreclosure). Any unpaid Assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and a lien against all Lots subject to Assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place.
6.12 Collection of Assessments. The Association shall collect the Assessments. No provision of this Declaration requires mortgagees to collect Assessments.
6.13 Association’s Right to Receive Lease Payments. If an Owner has rented his Lot and is delinquent in the payment of any amount owed to the Association under this Declaration, the Association may demand of the tenant on that Lot that the tenant make lease payments directly to the Association and the Association may deduct from all the lease payments the amount owed by the applicable Owner to the Association. The balance of all the lease payments received by the Association will be forwarded to the Owner. All tenants occupying a Lot are authorized by this provision to make lease payments to the Associations on receipt of a statement signed by a member of the Board of Directors stating that the Owner is delinquent in obligations owed to the Association. All Owners agree to hold their tenants harmless for their tenants’ payment of rentals to the Association pursuant to this provision.
6.14 Trust Funds. The portion of all regular Assessments collected by the Association for reserves for future expenses, and the entire amount of all special Assessments, shall be held by the Association for the Owners of all Lots, as their interests may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions, the deposits of which are insured by an agency of the United States.
ARTICLE VII
ARCHITECTURAL CONTROL
7.1 Architectural Control. No building, wall, addition, fence, drainage swale, athletic or recreational facility or other structure or improvement of any nature or kind (including significant landscaping and exterior paint and finish) (collectively, the “Improvements”) shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscaping, and composition of the materials used therefore, such as may be required by the ARB, have been approved in writing by the ARB and all necessary governmental permits are obtained. Each Improvement shall be erected, placed or altered upon the premises only in accordance with the approved plans and specifications and plot plan, and applicable governmental permits and requirements. The ARB shall have the right, in its sole and absolute discretion, to refuse approval of plans, specifications and plot plans, or any of them, based on any reasonable ground, including purely aesthetic grounds. Any action affecting the exterior appearance of any lot or Improvement thereon shall be deemed an alteration requiring approval. The ARB shall have the power to promulgate the Rules and Regulations and establish the architectural standards, as it deems necessary to carry out the provisions and intent of this Section.
7.2 Appointment of ARB. The ARB shall be a committee composed of or appointed by the Board of Directors. The ARB shall have any number of members, but never less than three (3), as deemed appropriate by the Board of Directors.
7.3 Approval or Disapproval. The ARB shall act on submissions to it, or request further information thereon, within thirty (30) days after receipt of the same (and all further documentation required).
7.4 Variances. Notwithstanding anything in this Declaration to the contrary, the ARB, in its sole and absolute discretion, may grant a variance as to any of the restrictions, conditions and requirements set forth in this Article so long as, in the judgment of the ARB, the noncompliance for which the variance is granted is not of a substantial nature and the granting of the variance shall not unreasonably detract from the use and enjoyment of adjoining Lots and the Properties. In no event shall the granting of a variance in one instance require the ARB to grant a similar or other type of variance in any other instance, it being understood that the granting of variances from the restrictions, conditions and requirements of this Article shall be in the sole and absolute discretion of the ARB.
7.5 Waiver of Liability. The ARB and any and all officers, directors, employees, agents and members of the Association shall not, either jointly or severally, be liable or accountable in damages or otherwise to any Owner or other Person whomsoever, by reason of or on account of any decision, approval or disapproval of any plans, specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section, or for any mistake in judgment, negligence, misfeasance, or nonfeasance related to or in connection with any decision, approval or disapproval, and each Owner by acquiring title to any Lot or interest therein, shall be deemed to have agreed that he or it shall not be entitled to and shall not bring any action, proceeding or suit against the parties.
7.6 Term of Approval. Approval by the ARB shall be effective for a period of one (1) year from the date the approval is given, or one (1) year from the expiration of the thirty (30) day period specified in the Section above titled “Approval or Disapproval” where approval is not expressly granted or denied. If construction has not commenced within this one (1) year period, the approval shall have expired and no construction shall thereafter commence without written renewal of the prior approval.
ARTICLE VIII - RESTRICTIVE COVENANTS
The Property shall be subject to the following restrictions, reservations and conditions which shall be binding upon each and every Owner and its heirs, personal representatives, tenants, invitees, successors and assigns, as follows:
8.1 Water and Sewage Facilities. No individual water supply system or individual sewage disposal system shall be permitted on any Lot. This Section does not restrict the right of any Owner to install, operate and maintain a water well for use only for air conditioning/heating, and irrigation purposes.
8.2 Landscaping. Landscaping on each Lot and stormwater drainage and retention features located on and serving only that Lot shall be continuously maintained in good, aesthetically pleasing condition by the Owner thereof. The Owner of each Lot abutting a body of water or any canal shall maintain the shoreline of said Lot free of debris and weeds consistent with applicable environmental regulations. All landscaped and grassed areas on each Lot shall be watered by means of an automatic underground sprinkler system which shall be employed so as to keep all vegetation in excellent condition. Landscaping as approved by the ARB shall be installed within ninety (90) days of occupancy or completion of any buildings (as evidenced by a certificate of occupancy or its equivalent), whichever occurs first. No vegetable or other garden for raising produce shall be permitted within the Property unless concealed from direct view of streets and rights-of-way.
8.3 Driveways and Mailboxes. All driveways shall be maintained in the style originally established or approved by the Association. With respect to driveways, culverts, installed therein shall be of a type and quality approved by the Association and the grade of same shall be set by the Association. Individual mailboxes shall be prohibited on the Property unless approved by the ARB.
8.4 Window Coverings. Reflective window coverings are prohibited. No awnings, canopies, or shutters shall be permanently installed on the exterior of any building unless first approved by the ARB.
8.5 Pools. No above-ground pools shall be erected, constructed, or installed on any Lot except that above ground spas or Jacuzzi may be permitted in designated Lots with approval of the ARB. Any in-ground pool to be constructed on any Lot shall be subject to the requirement of the ARB, which include, but are not limited to the following: (a) composition to be of material thoroughly tested and accepted by the industry for such construction; and (b) all screening material shall be of a color in harmony with the exterior of the Lot. No raw aluminum color screen will be allowed.
8.6 Nuisances. No portion of the Property shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept on any portion of the Property that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious, illegal or offensive activity shall be carried on upon any portion of the Property, nor shall anything be done on the Property tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Property. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature that may diminish or destroy the enjoyment of the Property. No outside burning of wood, leaves, trash, garbage, or household refuse shall be permitted within the Property.
8.7 Unsightly or Unkempt Conditions. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on the Lot. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of mechanical devices, that might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken on any part of the Property.
8.8 Rules and Regulations. Rules and regulations promulgated by the Board of Directors of the Association as to the use and enjoyment of the Property shall be observed by the Owners and occupants thereof. Such rules and regulations may involve such matters as multi-family structures, air conditioning units, signs, mailboxes, temporary structures, noisy mufflers or other nuisances, garbage and trash disposal, clotheslines, parking, vehicle traffic and the state of repair of vehicles, tree removal, gutters, pets, game and play structures, swimming pools, television antennae, driveways, walkways, sight distance at intersections, garages, and fences. These matters are set out by way of illustration only and shall not be construed to limit the authority of the Board of Directors to promulgate and enforce rules and regulations. Such rules and regulations may augment or clarify the terms of this Master Declaration or any provision, covenant, or restriction herein contained. Copies of such rules and regulations shall be made available to each Owner prior to the time same become effective
8.9 Animals and Pets. No animals, wildlife, livestock, reptiles, or poultry of any kind shall be raised, bred, or kept on any portion of the Property, except that dogs, cats, or other usual and common adult household pets not to exceed a total of four (4) may be permitted in a Residence or on a Lot. All pets shall be leashed when on the Common Property. Those pets which, in the sole discretion of the Association endanger health, make objectionable noise, or constitute a nuisance or inconvenience to the other Owners or the owner of any portion of the Property shall be removed upon request of the Board of Directors. No pets shall be kept, bred, or maintained for any commercial purpose. Pets shall only be permitted on the Common Property if such portions thereof are so designated by the Association. All persons bringing a pet onto the Common Property shall be responsible for immediately removing any solid waste of said pet. See also Lake Mary city ordinance 90.10 through 90.12 on Animal Control.
8.10 Garbage and Trash. No trash, garbage or other waste material or refuse shall be placed or stored on any part of The Properties except in covered or sealed sanitary containers. All such sanitary containers must be stored within each building, buried underground, or placed within an enclosure or concealed by means of a screening wall of material similar to and compatible with that of the building. These elements shall be integrated with the concept of the building plan, shall be designed so as not to attract attention, and shall be located in the most inconspicuous manner possible. There may be no burning of trash or any other waste material, except within the confines of an incinerator, the design and location of which must be approved by the ARB.
8.11 Oil and Gas Tanks, Pool Equipment, Outdoor Equipment. All fuel tanks, oil tanks, bottled gas tanks, and swimming pool equipment and housing must be underground or placed in walled-in areas or landscaped areas so that they are not visible from any adjoining Lot or any street. Adequate landscaping must be installed and maintained by the Owner. On-site storage of gasoline or other fuels is prohibited on any part of the Property, with the exception of up to five (5) gallons of fuel stored on each Lot for emergency purposes and operations of lawn mowers or similar tools or equipment; and the Association will be permitted to store fuel for operation of maintenance vehicles, generators, and similar equipment. All of the foregoing must be approved in writing by the ARB and comply with all applicable laws, codes, and ordinances.
8.12 Parking, Storage, Repair and Vehicular Restrictions. Parking on the Property shall be restricted to private vehicles intended primarily to carry passengers and only limited cargo. No vehicle shall be parked so as to block a sidewalk, driveway, or intersection. Passenger vehicles displaying company markings shall be garaged at all times, unless such markings are obscured through the use of covers approximating the vehicle color. No owner, resident, or visitor shall conduct repairs (except in an emergency) or restorations of any motor vehicle, or other vehicle upon any portion of the Property, except in an enclosed area with the doors to that area closed at all times.
No commercial vehicles, or campers, mobile homes, motor homes, house trailers or trailers of any type, recreational vehicles, motorcycles, mopeds, boats, or vans, shall be permitted to be parked or to be stored at any place within the Property, except in an approved garage on the Owner’s Lot with the garage door closed. No Owner, resident or visitor shall keep any vehicle on the Common Property which is deemed a nuisance by the Board. For purposes of this Section, “commercial vehicles” shall mean those which are not designed and used for customary, personal/family purposes. The absence of commercial-type lettering or graphics on a vehicle shall not be dispositive of whether it is a commercial vehicle. The prohibitions on parking contained in this Section shall not apply to temporary parking of commercial vehicles such as for construction use or providing pick-up and delivery and other commercial services nor to any vehicles of the Association, nor shall the prohibitions apply to municipal, county, or federal law enforcement and emergency vehicles such as police cars, Sheriff’s cars, ambulances, fire trucks, and similar government vehicles . No overnight on-street parking or parking on lawns shall be permitted.
Subject to applicable laws and ordinances, any vehicle parked in violation of these or other restrictions contained in this Declaration may be towed by the association at the sole expense of the owner of the vehicle if the vehicle remains in violation for a period of 24 hours from the time a notice of violation is placed on the vehicle. The Association shall not be liable to the owner of that vehicle for trespass, conversion, or otherwise, nor guilty of any criminal act, by reason of the towing and once the notice is posted, neither its removal, nor failure of the owner to receive it for any other reason, shall be grounds for relief of any kind. For purposes of this paragraph, “vehicle” shall also mean campers, mobile homes, and trailers. An affidavit of the person posting the aforesaid notice stating that it was properly posted shall be conclusive evidence of proper posting.
8.13 Temporary Structures. No building or structure of a temporary character, including trailers, tents and shacks shall be permitted in the Property; provided, however, temporary improvements used solely in connection with the construction of approved permanent improvements shall be permitted so long as located as inconspicuously as possible and removed immediately upon completion of such construction; provided further, however, temporary party tents shall be permitted only with prior written approval from the ARB.
8.14 Signs. No signs, advertisements, billboards, solicitation or advertising structures of any kind shall be erected, modified or maintained on any Lot, unless prior written approval of the ARB is obtained; provided, however, street numbers and name signs on individual Residence and one sign containing not more than eight (8) square feet of surface area per side (2 sides maximum) and used solely in connection with the marketing of Lots for sale shall be permitted without prior approval. Under no circumstances shall signs, flags, banners, or similar items advertising or providing directional information for activities being conducted outside the Property be permitted within the Property. No sign shall be nailed or otherwise attached to trees. No “open house,” “for rent,” or “for lease” signs, or similar signs, shall be permitted. The restrictions of this Section shall not apply to the Association.
8.15 Air Conditioning Equipment. No air conditioning equipment which is visible on the exterior of any improvement shall be permitted in the Property unless approved by the ARB. Approval shall be based upon adequacy of screening and/or landscaping of such equipment. The ARB may prohibit window air conditioning units altogether or impose stricter standards.
8.16 Drainage Structures. No person (other than the Association), without the prior written approval of the ARB, shall obstruct, alter or in any way modify the method and/or structures of drainage utilized or now or hereafter installed by the Association or the Association from, on and over any Lot, Common Property, Village Common Property or any Area of Common Responsibility; nor shall any structure be erected, placed or maintained which shall in any way obstruct such drainage devices or facilities or impede their efficient operation.
8.17 Antennas, Aerials, Dishes and Flagpoles. Subject to the exceptions noted in this Section, there shall not be permitted to exist anywhere on the Property any outside antenna, antenna poles, antenna masts, satellite television reception devices, electronic devices, antenna towers or citizen band (CB) or amateur band (ham) antennas, or other devices (collectively, the “Devices”) for the purposes of reception or aiding in the reception of television, radio, ham radio or similar signals. Notwithstanding the foregoing, the Devices shall be permitted, subject to the ARB’s reasonable exercise of the following approval requirements: (i) the antennae and receivers shall be eighteen (18) inches or smaller; (ii) roof-mounted poles and masts shall not impose an unreasonable safety hazard; and (iii) the Owner shall use reasonable efforts to screen the Devices from public view, provided these screening measures do not unreasonably delay installation, unreasonably increase the cost of installation, maintenance or use of the Devices, or preclude reception of an acceptable quality signal. A flagpole for display of the American flag or any other flag shall be permitted only if first approved in writing by the ARB as to its design, height, location and type. No flagpole shall be used as an antenna.
8.18 Subdivision of Lot and Time Sharing. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Board of Directors of the Association. The Board may permit a division in ownership of any Lot intended for a single family detached residence as shown on a plat, but solely for the purpose of increasing the size of the adjacent Lots. In the event of a division in ownership of any Lot, the Owners among whom the ownership is divided shall be treated as co-owners of the divided Lot for purposes of voting and shall be jointly and severally liable for all assessments against the Lot hereunder. Association hereby expressly reserves the right to replat any Lot owned by Association. Any such division, boundary line change, or replatting shall not be in violation of the applicable subdivision and zoning regulations.
No Lot shall be made subject to any type of time-share program, interval ownership, or similar program whereby the right to exclusive use of the Lot rotates among multiple owners or members of the program on a fixed or floating time schedule.
8.19 Completion of Construction. After commencement of construction of any improvements in the Property, the Owner shall diligently prosecute the work thereon, to the end that the improvements shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. The Owner of the Lot on which improvements are being constructed shall at all times keep the streets contiguous to the Lot free from any dirt, mud, garbage, trash or other debris which might be occasioned by construction of the improvements.
8.20 Excavation. No clearing or excavation shall be made except in connection with the construction, maintenance, or repair of an improvement; and upon completion thereof exposed openings shall be backfilled, and disturbed ground shall be leveled, graded and seeded, as provided on the approved plans for landscaping.
8.21 Maintenance of Protective Screening. Excluding that comprising an Area of Common Responsibility to be maintained by the Association, any protective screening constructed along exterior Lot lines as a buffer against the encroachment of noise, dust and/or visual pollution, or other adverse influences, shall be maintained by the Owner of such Lot, at such Owner’s expense, including the repair and replacement thereof from time to time, for so long as such buffer shall continue necessary by virtue of the continued adverse influence on the adjacent Property, which such necessity shall be determined by the ARB.
8.22 Storage Areas. Unless specifically approved in writing by the ARB, no materials, supplies or equipment (except during the construction of improvements) shall be stored in any area of any Commercial Lot except inside an approved an enclosed building, or behind a visual barrier screening such areas from the view of the adjoining Lots and any street.
8.23 Utility Service. No "service lines" shall be constructed, placed or maintained anywhere in or upon the Property unless the same shall be contained in conduits or cables constructed, placed and maintained underground or concealed in, under or on buildings or other approved improvements; provided electrical transformers may be permitted if properly screened and approved by the ARB. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone service poles incident to the construction of approved improvements. The foregoing shall not apply to "transmission lines" now or hereafter existing on the Property. As used herein, the term "service line" shall include lines, wires, or other devices for the communication or transmission of electric current or power on any site or part thereof, including without limitation telephone and television signals. As used herein, the term "transmission line" shall include such master lines, wires, etc. as transmit the current or power to the Lots or parts thereof, and from which the "service lines" run.
8.24 Changes to Development Plan or Development Order. No Owner shall seek directly or indirectly to change or amend any aspect of the Development Plan or Development Order which such change or amendment would in any manner affect any part of the lands included in the Development Plan and lying outside of that Owner’s Lot, including but not limited to any change in permitted density of development, permitted land use, stormwater drainage requirements or otherwise, without the prior written consent of the Association, which consent may be granted or denied by the Association in its sole discretion.
8.25 Clotheslines. No clotheslines shall be permitted in the Property.
8.26 Play Equipment, Strollers, Etc. All bicycles, tricycles, scooters, skateboards, and other play equipment, wading pools, baby strollers, and similar items shall be stored so as not to be visible from streets or property adjacent to the Lot. No such items shall be allowed to remain on the Common Property or on Lots so as to be visible from adjacent property when not in use. Notwithstanding the above, the Board may, but shall not be obligated to, permit swing sets and similar permanent playground equipment to be erected on Lots provided it is approved by the ARB and is made of wood structures or other material with subdued colors (e.g., earth tones). Temporary moveable basketball goals are permitted, provided, in the sole reasonable discretion of the ARB, they are not a nuisance or obstruction to other Owners or vehicular and pedestrian traffic, and provided further they are stored either in a garage or in the rear yard of the Lot in such a manner so as not to be visible from the front of the Lot or, in the sole discretion of the ARB, an unreasonable visual nuisance to adjacent Owners.
8.27 Trees. Trees measuring six inches (6") or more in diameter at three feet (3') or more above ground level shall not be cut or removed from the Property without the prior written consent of the ARB unless the trees are located within six feet (6') of the Residence or its proposed location as approved by the ARB. In addition, trees and other foliage located on the easements between the sidewalk and street in front of a Lot are the responsibility of that Owner and shall be maintained in such a manner as to permit vehicles and pedestrian traffic to pass beneath the branches and foliage safely and without damage or injury. See also Lake Mary city ordinance 157.14 on tree removal permit requirements.
8.28 Sidewalks. There shall be constructed upon each Lot in accordance with the applicable regulations of the governmental agency or agencies with jurisdiction, at the expense of the Owner thereof, a sidewalk in front of the lot, and on the side if the Lot is a corner lot, on or before the earlier of completion of construction or occupancy of the Residence.
8.29 Garages. Each single family Residence shall include a garage (minimum size twenty-two feet (22') by twenty-four feet (24')).
8.30 Fences. No fences of any kind shall be erected.
8.31 Leasing of Residences. No single-family detached home may be leased or rented for a term shorter than 180 consecutive days. No such Residence may be subject to more than one (1) lease in any twelve (12) month period unless approved by the Association, regardless of the lease term. This provision shall not apply to short-term leaseback arrangements accompanying the sale of the property. The owner must provide the Association or its agent with the name of the lessee(s), their previous address and the term of the lease within ten (10) working days after a rental agreement has been signed, and make available to the lessee copies of the Declaration. Every Owner shall cause all occupants of the Residence to comply with the Declaration, and shall be responsible for all violations and losses to the Common Property caused by such occupants, notwithstanding the fact that such occupants of a Residence are fully liable and may be sanctioned for any violation of the Declaration. All leases of Residences shall be automatically deemed to include a covenant on the part of the tenant to comply with, and be fully bound by, the provision of this Declaration. This Section shall also apply to subleases of Residences and assignments of leases.
The Association makes no representations or warranties regarding the financial feasibility of renting units or the income to be derived there from. Any Owner who desires or intends to rent a Residence must independently determine and assume responsibility for the feasibility of renting and should consult his or her own advisor with respect to the tax consequences and economic advantage of ownership. Each Owner acknowledges that, in regard to the use of a Residence for rental income purposes, neither the Association nor any of its agents, officers or directors, have made any representations about such use, the tax consequences or economic advantages thereof, and such Owner releases the Association and its agents, officers and directors from any claims arising out of such use. Notwithstanding anything in this Declaration which may be construed to the contrary, no Owner may lease any Residence until such Owner has paid the Assessments attributable to that Lot.
8.32 Sight Distance at Intersections. All Lots at street intersection shall be so landscaped as to permit safe site across the street corners. No fence, walls, hedge, shrub, or other planting will be placed or permitted, nor vehicles or other objects placed or parked, to remain at the corner of a Unit where such would create a traffic or sight problem.
8.33 Occupants Bound. All provisions of the Declaration that govern the conduct of Owners and that provide for sanctions against Owners shall also apply to all occupants, guests, and invitees of any Residence. Every owner shall cause all occupants of the Owner’s Residence to comply with the Declaration and shall be responsible for all violations and losses to the Property caused by those occupants, notwithstanding the fact that those occupants of a Residence are fully liable and may be sanctioned for any violation of the Declaration.
8.34 Seasonal Decorations and Lighting. Except for seasonal decorative lights, which may be displayed between November 15 and January 15 only, all exterior lights must be approved by the ARB.
8.35 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation shall be permitted on the exterior of any portion of the Property. Exterior sculpture, foundations, flags, and similar items must be approved by the ARB; provided, however, that nothing herein shall prohibit the appropriate display of the American Flag.
8.36 Energy Conservation Equipment. No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed on any Residence unless it is an integral and harmonious part of the architectural design of a structure, as determined in the sole discretion of the ARB. All such energy conservation equipment must conform to the roof line, cannot exceed the pitch of the roof, and cannot extend beyond the roof line. In addition, no elevated structures of any kind shall be permitted on the roof. Under no circumstances shall solar panels be installed that will be visible from the front of the Lot.
8.37 Preserves, Lakes and Water Bodies. All preserves within the Property shall be left in their natural state and no alterations thereof or construction thereon shall be permitted. All lakes, ponds, and streams within the Property, if any, shall be aesthetic amenities only, and no other use thereof, including, without limitations, swimming, boating, playing, or use of personal flotation devices, shall be permitted. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of lakes, ponds, or streams within the Property. No docks of any kind shall be permitted on the Property. Notwithstanding the foregoing, companies or personnel hired by the Association to maintain the water bodies and fountains shall be permitted to use the water bodies for such limited purposes.
8.38 Business Use.
8.38.1 Home Businesses
No trade or business may be conducted in or from any Residence, except that an owner or occupant residing in a Residence may conduct business activities within the Residence so long as:
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The existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Residence;
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The business activity conforms to all zoning requirements for the Property;
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The business activity does not involve persons coming onto the Property who do not reside in the Property or door-to-door solicitation of residents of the Property;
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The business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety or threaten the security of the other residents of the Property, as determined in the sole discretion of the Board;
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The business complies with all requirements of city codes and ordinances.
The terms “business” and “trade” as used in this provision, shall be construed to have their ordinary, generally accepted meaning, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider’s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the leasing of a Residence shall not be considered a trade or business within the meaning of this Section. This Section shall not apply to any activity conducted by the Association with respect to its development and sale of the Property or its use of any Residences which it owns within the Property nor to the property designated by the Association on any plat as its sales office/model center location. As to this latter area, the Association or any purchase of such property shall have the right, subject to applicable governmental ordinances, to utilize same for office/professional business uses.
8.38.2 Garage Sales
No garage sales shall be permitted without the prior written approval of the ARB (Architectural Review Board). To ensure the safety and well-being of residents and guests and reduce non-resident traffic through the community, the Association shall sponsor two (2) community-wide garage sales each year, one in the spring and one in the fall. Garage sales at other times are prohibited, except for ARB-approved moving and estate sales. Residents holding garage sales must also comply with all city ordinances and permit requirements, (city ordinance 113.02) which permit no more than two sales per year per city resident and subject violators to a fine of up to $500 (city ordinance 10.99) Homeowners and other residents holding garage sales without ARB approval are in any case subject to a one-time fine of $100, levied upon verification that the sale is unauthorized. See covenant Article 8.14 for restrictions regarding signage for approved sales.
8.39 Storm Precautions. No hurricane or storm shutters shall be permanently installed on any structure on a Lot unless first approved by the ARB. Hurricane or storm shutters may be installed temporarily, and other storm precautions may be taken to protect structures on a Lot, while the threat of a hurricane or similar storm is imminent; provided, all such shutters and other exterior alterations or additions made as a storm precaution shall be promptly removed once the storm or imminent threat of the storm has passed.
8.40 Additional Rules and Regulations. In addition to the foregoing, the Association shall have the right, power and authority to promulgate and impose Rules and Regulations governing and/or restricting the use of the Properties and Lots, including without limitation Rules and Regulations relating to the placement or installation of any type of improvement on any Lot, and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no Rules and Regulations so promulgated shall be in conflict with the provisions of this Declaration. Any Rules and Regulations so promulgated by the Association shall be applicable to and binding upon all the Properties and the Owners thereof and their successors and assigns, as well as all guests and invitees of and all parties claiming by, through or under the Owners.
ARTICLE IX
PARTY WALLS
9.1 General Rules of Law to Apply. 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 to each Party Wall which is built as part of the original construction and any replacement of improvements on the Property.
In the event that any portion of any structure, as originally constructed, including any Party Wall, shall protrude over an adjoining Common Area or Lot, such structure, Party Wall shall not be deemed to be an encroachment upon the adjoining lands, and the affected Owner shall neither maintain any action for the removal of the Party Wall or projection, nor for damages. In the event there is a protrusion, it shall be deemed that the affected Owner has granted a perpetual non exclusive easement to the adjoining Owner for continuing maintenance and use of the projection or Party Wall. The foregoing shall also apply to any replacements of any structures or Party Walls if they are constructed in conformity with the original structure or Party Wall.
9.2 Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners who make use of the Party Wall in proportion to such use.
9.3 Destruction by Fire or Other Casualty. If a Party Wall is destroyed or damaged by fire or other casualty, any Owner who has used the Party Wall must restore it, and if other Owners thereafter make use of the Party Wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
9.4 Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or willful act or omission causes the Party Wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
9.5 Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.
9.6 Arbitration. In the event of any dispute arising concerning a Party Wall, or under the provisions of this Article, each party shall choose one arbitrator and, if there is an even number of arbitrators, such arbitrators shall choose one (1) additional arbitrator and the decision shall be by a majority of all the arbitrators. The decision of the arbitrators shall not, however, be binding and conclusive upon the parties and any party to the dispute shall thereafter have the right to institute any action or proceeding at law or equity.
ARTICLE X - ENFORCEMENT
10.1 Compliance by Owners. Every Owner shall comply with the terms, provisions, restrictions and covenants set forth in this Declaration and any and all Rules and Regulations which from time to time may be adopted by the Board of Directors or the ARB.
10.2 Enforcement. The Association, the Board of Directors, the ARB, each Owner, or any other party as provided in this Declaration shall have the right to enforce this Declaration and the covenants, restrictions and provisions hereof. Enforcement of this Declaration and the covenants, restrictions and provisions hereof may be accomplished by any proceeding at law or in equity, including without limitation, an action for damages and injunctive relief. The Association shall have the right, as set forth elsewhere in this Declaration, to suspend the voting rights and use of the Common Area of any defaulting Owner as provided for in this Declaration. Failure to enforce any covenant, restriction or provision hereof shall not be deemed a waiver to do so thereafter. The defaulting and/or offending Owner shall be responsible for all costs incurred in enforcement of this Declaration, including but not limited to, attorney, paralegal and legal assistant fees, costs and expenses, related fees, costs and expense, court costs and witness and expert fees and costs, whether suit be brought or not, and whether in settlement, in any declaratory action, at trial or on appeal.
10.3 Fines. In addition to all other remedies, in the sole discretion of the Board of Directors, a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests, invitees, tenants, or employees to comply with any term, provision, covenant, restriction, rule or regulation contained in this Declaration or promulgated pursuant to this Declaration, provided the following procedures are adhered to:
10.3.1 Notice. The Association shall notify the Owner of the infraction or infractions. Included in the notice shall be the date and time of the next meeting of the Association's Covenants Enforcement Committee, which date and time shall not be earlier than fourteen (14) days after the notice is given, at which time the Owner shall have the option to present reasons why a penalty or penalties should not be imposed. Fines for violations under a single notice, such as, for example failure to mow the lawn, parking in the street, etc. that are corrected prior to the hearing may be waived in the case of the first hearing on the same matter. Fines for violations in the nature of single or isolated occurrences, such as, for example, holding an unauthorized garage sale or renting a residence for less than 180 days, may be waived only upon the showing of good cause in the discretion of the Covenants Committee.
10.3.2 Hearing. On the meeting date, the noncompliance shall be presented to the Covenants Committee who shall hear reasons why penalties should not be imposed. The Covenants Committee shall consist of three (3) board members and three (3) members appointed by the Board of Directors who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother, or sister of an officer, director, or employee, who shall hear reasons why penalties should not be imposed. If the Covenants Committee, by majority vote, does not approve a proposed fine, it may not be imposed. A written decision of the Covenants Committee shall be provided to the Owner no later than five (5) days after the hearing. In the case of an ongoing offense under a single notice, a fine levied by the Covenants Committee shall be retroactive to the first date of the violation and shall continue until the violation is corrected, subject to the limitations set forth in section 10.3.3.
10.3.2a Right of Appeal. If the Covenants Enforcement Committee has imposed a fine against an Owner, the Owner shall have the right of appeal to the Association’s full Board of Directors at their next regular meeting. If the Board of Directors finds the decision of the Covenants Committee to be unjust, they may (1) reduce the amount of the fine; or (2) repeal the decision and refund any monies paid to date by the Owner.
10.3.3 Penalties. The Board of Directors may impose fines against the Lot or Lots owned by the Owner not to exceed ONE HUNDRED AND NO/100 DOLLARS ($100.00) per violation, and the fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing. There shall be no limit as to the aggregate amount of fine that may be levied pursuant to this Section. Any fines imposed, if not paid, shall become a lien against the Owner’s property.
10.3.4 Payment of Penalties. Fines shall be paid no later than thirty (30) days after the written decision of the Covenants Committee in accordance with the procedures set forth above in the Subsection titled “Hearing.” Any fines not paid within the thirty (30) day period shall thereafter accrue interest at the highest rate allowed by law until paid.
10.3.5 Collection of Fines. Fines shall be treated as an Assessment otherwise due to the Association, and as such will be lien against the Owner’s Lot.
10.3.6 Allocation. All monies received from fines shall be allocated as directed by the Board of Directors.
10.3.7 Nonexclusive Remedy. These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner shall be deducted from or offset against any damages that the Association may otherwise be entitled to recover by law from the Owner.
10.4 Severability. 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 said covenants and restrictions which shall remain in full force and effect.
10.5 Lessees to Comply with Declaration, Articles and Bylaws–Effect of Noncompliance. All tenants shall be subject to the terms and conditions of the Governing Documents as though such tenant were an Owner.
Each Owner agrees to cause his lessee, occupant, or persons living with such Owner or with his lessee to comply with the Governing Documents, and is responsible and liable for all violations and losses caused by such tenants or occupants, notwithstanding the fact that such occupants of the Parcel are also fully liable for any violation of the Governing Documents.
In the event that a lessee, occupant, or person living with lessee violates a provision of the Governing Documents, the Board shall have the power to bring an action or suit against the lessee to recover sums due for damages or injunctive relief, or for any other remedy available at law or equity.
ARTICLE XI - GENERAL PROVISIONS
11.1 Municipal Service Taxing Units. Upon acceptance of any deed or other instrument conveying title to any Lot, each Owner thereof acknowledges that each Lot is or may be located in one or more municipal service taxing units (each is an “MSTU”) for the purpose of providing street lighting or any other purposes for which an MSTU may be established under Florida law. Each Owner agrees to be subject to and bound by the MSTUs and to pay all fees, charges, surcharges, levies and Assessments, in whatsoever nature or form, relating to those districts and/or to the Owner’s Lot. Further, each Owner agrees that it shall cooperate fully with the Association in connection with any efforts of the Association to include the Property in any MSTUs, and to execute any documents or instruments which may be required to do so.
11.2 Insurance and Fidelity Bonds. The Association shall obtain and maintain in effect casualty and liability insurance and fidelity bond coverage in form and amount substantially similar to that specified in the Federal National Mortgage Association Lending Guide, Chapter Three, Part 5, Insurance Requirements, as the requirements shall be amended from time to time, or similar insurance and fidelity bond coverage as may be deemed advisable by the Board of Directors.
11.3 Duration. The covenants and restrictions of this Declaration shall run with and bind the Properties, and shall inure to the benefit of and be enforceable by the Association, the ARB, the Owners, and any other Person given the right of enforcement in this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of seventy-five percent (75%) of all the Lots subject hereto has been recorded, agreeing to revoke the covenants and restrictions. Provided, however, that no such agreement to revoke shall be effective unless made and recorded three (3) years in advance of the effective date of the revocation, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken.
11.4 Notice. 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 personally delivered or mailed, postpaid, to the last known address of the Person who appears as a Member or Owner on the records of the Association at the time of the mailing.
11.5 Severability. Invalidation of any one of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect.
11.6 Amendments. Except as otherwise provided in this Declaration, the Declaration may be amended upon the approval of at least sixty-six and two-thirds percent (66 2/3%) of the Members as evidenced by the recordation of an amendatory instrument executed by the president and secretary of the Association.
11.7 Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Seminole County, Florida.
11.8 Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws of the Association, and the Articles shall take precedence over the Bylaws.
11.9 Standards for Consent, Approval, Completion, Other Action and Interpretation. Whenever this Declaration shall require the consent, approval, completion, substantial completion, or other action by the Association or the ARB, unless otherwise provided in this Declaration, the consent, approval or action may be withheld in the sole and absolute discretion of the party requested to give the consent or approval or take the action and all matters required to be completed or substantially completed by the Association shall be deemed completed or substantially completed when so determined, in the discretion of the Association, as appropriate.
11.10 Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold the easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for the intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of the easement and the Owners hereby designate the Association (or either of them) as their lawful attorney-in-fact to execute any instrument on behalf of the Owners as may hereafter be required or deemed necessary for the purpose of later creating the easement as it was intended to have been created in this Declaration. Formal language of grant or reservation with respect to the easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of the provisions.
11.11 Covenants Running With the Land. ANYTHING TO THE CONTRARY IN THIS DECLARATION NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION TITLED “DURATION” OF THIS ARTICLE, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES. WITHOUT LIMITING THE GENERALITY OF THE SECTION TITLED “AMENDMENTS” OF THIS ARTICLE, IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS STATED BEFORE, THE PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF THE PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LAND; BUT IF THE PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, THE PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS STATED BEFORE) BE ACHIEVED.
11.12 Dissolution of Association. In the event of a permanent dissolution of the Association, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created, or the assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to similar purposes. That successor nonprofit organization or governmental entity shall pursuant to this Declaration provide for the continued maintenance and upkeep of the Common Area, the Surface Water or Stormwater Management System and other property as may be contemplated in this Declaration.
[Signatures are on the following pages]
IN WITNESS WHEREOF, the undersigned has caused this Amended and Restated Timacuan Master Declaration of Conditions, Covenants, and Restrictions to be executed in its name.
WITNESSES
Signed in the presence of:
Signature:
Print Name:
Signature:
Print Name:
ASSOCIATION:
TIMACUAN COMMUNITY SERVICES ASSOCIATION, INC., a Florida corporation not-for-profit
By:
Print Name:
Title:
[CORPORATE SEAL]
STATE OF FLORIDA
COUNTY OF _________________
The foregoing instrument was acknowledged before me this ____ day of _____________, 2001, by _______________________________________, as ________________ of TIMACUAN COMMUNITY SERVICES ASSOCIATION, INC., a Florida corporation not-for-profit, on behalf of the association. He/She
o is personally known to me; or
o has produced ___________________________ as identification.
_______________________________________
Printed name:
Notary Public-State of Florida at Large
Commission number:
My Commission expires:
EXHIBIT “A”
Legal Descriptions of the Property
IF AN OWNER OF ANY PORTION OF THE FOLLOWING DESCRIBED PROPERTY WHICH WAS NOT ANNEXED INTO THE ASSOCIATION DESIRES TO CHALLENGE THE APPLICABILITY OF THE DECLARATION TO SUCH PROPERTY, THEN SUCH OWNERS SHOULD CONTACT THE ASSOCIATION. TO THE EXTENT SUCH PROPERTY IS DETERMINED NOT TO BE LEGALLY BOUND BY THIS DECLARATION, THEN SUCH PROPERTY SHALL BE DEEMED EXEMPT FROM THIS DECLARATION.
All of the following described real property is hereby made subject to this Declaration:
All of the real property located in Timacuan Phase 1, according to the Plat thereof as recorded in Plat Book 36, Pages 66 to 69;
AND
All of the real property located in Timacuan Unit 11, according to the Plat thereof as recorded in Plat Book 52, Pages 60 and 61 (more commonly known as Fairway Hills 3);
AND
All of the real property located in Timacuan Unit 12, according to the Plat thereof as recorded in Plat Book 52, Pages 62 to 64 (more commonly known as Summerlin);
AND
All of the real property located in Timacuan Unit 15, according to the Plat thereof as recorded in Plat Book 39, Pages 68 and 69 (more commonly known as Lake Dawson Estates);
AND
All of the real property located in Timacuan Unit 16, Phase 1, according to the Plat thereof as recorded in Plat Book 44, Pages 46 to 51 (more commonly known as Fairway Hills 1);
AND
All of the real property located in Timacuan Unit 16, Phase 1 Replat, according to the Plat thereof as recorded in Plat Book 48, Pages 12 to 16 (more commonly known as Fairway Hills Replat);
AND
All of the real property located in Timacuan Unit 16, Phase 2, according to the Plat thereof as recorded in Plat Book 51, Pages 66 to 68 (more commonly known as Fairway Hills 2);
AND
All of the real property located in Timacuan Unit 17, according to the Plat thereof as recorded in Plat Book 41, Pages 89 and 90 (more commonly known as Hunter's Ridge);
AND
All of the real property located in Timacuan Unit 6, according to the Plat thereof as recorded in Plat Book 37, Pages 63 to 65 (more commonly known as Eagle Run);
AND
All of the real property located in Timacuan Unit 6A, according to the Plat thereof as recorded in Plat Book 43, Page 42;
AND
All of the real property located in Timacuan Unit 8, according to the Plat thereof as recorded in Plat Book 43, Page 80 (more commonly known as Clubhouse Cove);
AND
All of the real property located in Timacuan Unit 9, according to the Plat thereof as recorded in Plat Book 41, Pages 7 to 8 (more commonly known as Signature Cove);
AND
All of the real property located in Stratton Hill, according to the Plat thereof as recorded in Plat Book 38, Pages 90 to 92. |
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