Wekiva Hunt Club Community Association










DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
WEKIVA HUNT CLUB COMMUNITY ASSOCIATION, INC. 

I N D E X 

Article I – Definitions

Section 1 – Association
Section 2 – Owner
Section 3 – Properties
Section 4 – Common Area
Section 5 – Lot
Section 6 – Declarant

Article II – Property Rights

Section 1 – Owner’s Easements of Enjoyment

Article III – Membership and Voting Rights

Section 1 – Every Owner
Section 2 – Class A & B

Article IV – Covenants for Maintenance Assessments

Section 1 – Creation of the Lien & Personal Obligation of Assessments.
Section 2 – Purpose of Assessments
Section 3 – Maximum Annual Assessments
Section 4 – Special Assessments for Capital Improvements
Section 5 – Notice & Quorum for any Action Authority under Sec. 3 & 4
Section 6 – Uniform Rate of Assessments
Section 7 – Date of Commencement of Annual Assessments
Section 8 – Effect of Nonpayment of Assessments and Assoc. Remedies
Section 9 – Subordination of the Lien to Mortgages

Article V – Architectural Review

Section 1 – Architectural Review Committee

Article VI – Additional Stages

Section 1 – Additions to the Property
Section 2 – Procedures for Additions to the Properties
Section 3 – General Provisions regarding Additions to the Property

Article VII – Exterior Maintenance

Section 1 – Maintenance of Premises

Article VIII – General Restrictions

Section 1 – Enforcement
Section 2 – Severability
Section 3 – Amendments
Section 4 – Annexation
Section 5 – FHA/VA Approval

Article IX - General Provisions 

Section 1 – Enforcement
Section 2 – Severability
Section 3 – Amendments
Section 4 – Annexation
Section 5 – FHA/VA Approval

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

FOR WEKIVA HUNT CLUB

 

          THIS DECLARATION, made on the date hereinafter set forth by THE GREATER CONSTRUCTION CORP., a Florida corporation, UNITED ASSOCIATES, INC., a Florida corporation, MAGNOLIA SERVICE CORPORATION, a Florida corporation, and THE WEKIVA HUNT CLUB, INC., a Florida corporation, and MAGNOLIA SERVICE CORPORATION, a Florida corporation trading and doing business as THE WEKIVA HUNT CLUB, a joint venture, all of the foregoing hereinafter jointly referred to as “Declarant.”

W I T N E S S E T H:

     WHEREAS, Declarant is the owner of certain property in the County of Seminole, State of Florida, which is more particularly described as:

Lots 1 – 214 inclusive, and Tract A, WEKIVA HUNT CLUB, FOX HUNT SECTION 1, according to the plat thereof recorded in Plat Book 18, Pages 79 – 83, Public Records of Seminole County, Florida; 

Lots 228-444 inclusive, and Tract B, WEKIVA HUNT CLUB, FOX HUNT SECTION 2, according to the plat thereof recorded in Plat Book 18, Pages 84 – 87, Public Records of Seminole County, Florida;

 Lots 445-731 inclusive, and Tracts C, and D, WEKIVA HUNT CLUB, FOX HUNT SECTION 3, according to the plat thereof recorded in Plat Book 18 Pages 88 – 92, Public Records of Seminole County, Florida.  

                    NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I

DEFINITIONS

          Section 1.  “Association” shall mean and refer to Wekiva Hunt Club Community Association, Inc., a Florida corporation not for profit, its successors and assigns.

          Section 2.  “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those have such interest merely as security for the performance of an obligation.

          Section 3.   “Properties” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

          Section 4.   “Common Area” shall mean all real property including the improvements thereon owned by the Association for the common use and enjoyment of the owners.  The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows:

Tract A, WEKIVA HUNT CLUB, FOX HUNT SECTION 1, according to the plat thereof as recorded in Plat Book 18, Pages 79 – 83, Public Records of Seminole County, Florida

Tract B, WEKIVA HUNT CLUB, FOX HUNT SECTION 2, According to the plat thereof as recorded in Plat Book 18, Pages 84 – 87, Public Records of Seminole County, Florida;

Tract C and D, WEKIVA HUNT CLUB, FOX HUNT SECTION 3, according to the plat thereof as recorded in Plat Book 18, Pages 88 – 92, Public Records of Seminole County, Florida.

Section 5.  “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

Section 6.  “Declarant” shall mean and refer to The Greater Construction Corp., a Florida corporation, Magnolia Service Corporation, a Florida corporation, United Associates, Inc., a Florida corporation, and also The Wekiva Hunt Club, Inc., a Florida corporation, and Magnolia Service Corporation, a Florida corporation, trading and doing business as The Wekiva

Hunt Club, a joint venture, their successors and assigns if such successors or assigns should acquire more that one undeveloped Lot from the Declarant for the purpose of development.

.....Back to the Index.....

ARTICLE II

PROPERTY RIGHTS

          Section 1.  Owners’ Easements of Enjoyment.  Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

(a)          the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;

(b)          the right of the Association to suspend the voting rights and right to use of the recreation facilities by an Owner for any period during which any assessment against his Lot remain unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.

(c)          the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members.  No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of Members agreeing to such dedication or transfer has been recorded.

          Section 2.  Delegation of Use.   Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

.....Back to the Index.....

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

 Section 1.   Every Owner of a Lot which is subject to assessment shall be a Member of the Association.  Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

          Section 2.  The Association shall have two classes of voting Membership:

                    Class A.  Class A Members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned.  When more than one person holds an interest in any Lot, all such persons shall be Members.  The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more that one vote be cast with respect to any Lot.

          Class B.  The Class B Member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier:

(a)   when the total votes outstanding in the Class A    

Membership equal the total votes outstanding in the Class B Membership, or

(b)   on January 1, 1980.

.....Back to the Index.....

 

ARTICLE IV

COVENANT FOR MAINTENANCE ASSESSMENTS

          Section 1.  Creation of the Lien and Personal Obligation of Assessments.  The Declarant, for each Lot owned within the Properties hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed,  is deemed to covenant and agree to pay to the Association:  (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.  The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property which each such assessment is made.  Each such assessment, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.  The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

          Section 2.  Purpose of Assessments.  The assessments levied by the Association shall be used exclusively to promote the recreation health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, and of the homes situated upon the Properties.

          Section 3.  Maximum Annual Assessment.  Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be NINETY-SIX DOLLARS ($96.00) per Lot.

(a)          From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more that 3% above the maximum assessment for the previous year without a vote of the membership.

(b)          From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increase above three (3%) percent by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose.

(c)          The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.

          Section 4Special Assessments for Capital Improvements.   In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

          Section 5Notice and Quorum for Any Action Authorized Under Sections 3 and 4.   Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.  At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum.  If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.  No such subsequent meeting shall be held more that sixty (60) days following the preceding meeting.

          Section 6.  Uniform Rate of Assessment.  Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.

          Section 7.  Date of Commencement of Annual AssessmentsDue Dates.  The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area.  The first annual assessment shall be adjusted according to the number of months remaining in the calendar year.  The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.  Written notice of the annual assessment shall be sent to every Owner subject thereto.  The due dates shall be established by the Board of Directors.  The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified Lot have been paid.

          Section 8Effect of Nonpayment of Assessments: Remedies of the Association.  Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum.  The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property.  In either event, the non-paying owner shall pay for the cost of bringing the suit, including reasonable attorney’s fees therefore, if the court shall so determine.  No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

          Section 9Subordination of the Lien to Mortgages.  The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.  Sale or transfer of any Lot shall not affect the assessment lien.  However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.  No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

.....Back to the Index.....

ARTICLE V

ARCHITECTURAL CONTROL

          Section 1.  Architectural Control Committee.  No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, not shall any exterior addition to or change or alteration therein be made until the plans and specification showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board.  In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have fully complied with.

.....Back to the Index.....

ARTICLE VI

ADDITIONAL STAGES

          Section 1Additions to the Properties.  

          Additional land within the area described in Official Records Book 948, Page 1383, of the land records of Seminole County, Florida and also Official Records Book 2256, Page 941, of the land records of Orange County, Florida, may be annexed by the Declarant without the consent of Members within six years of the date of this instrument provided that the FHA and the VA determine that the annexation is in accord with the general plan heretofore approved by them.

(a)          The Declarant from time to time may, in its discretion, cause such additional lands to become subject to the Declaration; but, under no circumstances shall Declarant be required to make such additions, and until such time as such additions are made to the Properties in the manner hereinafter set forth, real property owned by Declarant other than the Properties shall in no way be affected by or become subject to the Declaration.

(b)          The real property to be added to the Properties and to become subject to the Declaration shall be developed and platted in such a manner to provide for the preservation of the values and amenities of the Properties with reasonable portions of said additional real property set aside for roads, open space, green belt areas and other common facilities as may be designated on such plats.

            Section 2.   Procedures for Additions to the Properties.   Such additions to the Properties may become subject to this Declaration by any one of the following procedures:

(a)                Additions in Accordance with a General Plan of Development.  The Declarant, its successors and assigns, shall have the right to bring within the scheme of this Declaration additional properties in future stages of the development, provided that such additions are in accordance with a General Plan of Development.  Such General Plan of Development shall show the proposed additions to the Properties and contain: (1) a general indication of size and location of additional development stages and proposed land uses in each; (2)  the approximate size and location of Common Properties proposed for each stage;  (3)  the general nature of proposed common facilities and improvements and (4)  a statement that the proposed additions, if made, will become subject to assessment for their just share of Association expenses. Unless otherwise stated therein, such General Plan shall not bind the Declarant, its successors and assigns, to make the proposed additions or to adhere to the Plan in any subsequent development of the land shown thereon and the General Plan shall contain a conspicuous statement to this effect.

(b)                Mergers.  Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger.  The surviving or consolidated association may administer the  covenants and restrictions established by this Declaration within the Properties together with the covenants and restrictions established upon any other properties as one scheme.  No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Properties except as hereinafter provided.

          Section 3.  General provisions regarding additions to the Property.

                    (a) The additions authorized under this Article shall be made by filing of record a Supplementary Declaration of  Covenants, Conditions and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property.  Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration.  In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the Properties.

                    (b) Regardless of which of the foregoing methods is used to add additional property to the terms and provisions of this Declaration, no addition shall revoke or diminish the rights of the Owners of the Properties to the utilization of the Common Properties as established hereunder except to grant to the owners of the additions to the Properties being added the right to use the Common Properties, according to the terms and conditions as established hereunder, and the right to proportionately change voting rights and assessments, as hereinafter provided.

.....Back to the Index.....

ARTICLE VII

EXTERIOR MAINTENANCE

          Section 1.  Maintenance of premises.  In the event an Owner of any Lot in the Properties shal fail to maintain the premises and the improvements situated theron in a manner satisfactory to the Board of Directors, the Association, after approval by two thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon.  Then entry of such Lot for such purposes shall not constitute a trespass.  The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject.

.....Back to the Index.....

ARTICLE VIII

GENERAL RESTRICTIONS

          Section 1.   Use restrictions.  No Lot shall be used except for residential purposes.  No structures shall be erected, altered, placed or permitted to remain on any residential Lot within the Properties other than one detached single-family dwelling and private garage and accessory buildings and structures such as swimming pools, storage rooms, screened enclosures and patios; provided, however, that certain areas within the additions to the Properties may be designated by the Declarant for Multi-Family Structures or as commercial areas, in which event this restriction shall not apply.

          Section 2.  Garages.  No carports shall be permitted and all garages shall be enclosed and shall be at least adequate to house two (2) standard sized American automobiles.  All garage doors must be maintained in a useable condition.  All vehicles must be totally enclosed and not visible from the street or road and no repairs, alterations or modifications shall be made to any vehicle except in a totally enclosed structure. 

          Section 3.  Temporary Structures.  No structure of a temporary character, including a trailer, basement, tent, shack, garage, barn or other such building shall be placed upon the Properties or additions to the Properties at any time;  provided, however, that this prohibition shall not apply to shelters used by the contractor or Declarant during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the Properties after completion of construction.

          Section 4.  Dwelling Size and Restriction.  No single-family residence shall be constructed on the Properties with a living area which is less than one thousand, two hundred-fifty (1,250) square feet, which living area shall have finished walls, ceiling and floor, shall be insulated and centrally heated.  An air conditioning system is optional; provided, however, that if this option is exercised, said air conditioning shall be by a central system.  The floor space within the garage, a breezeway, a porch or an unfinished storage or utility room shall not be included within the living area for the purpose of determining the minimum allowable area.

          Section 5.  Animals.  No animals, fowl or reptiles shall be kept on or in Lots, or on the Properties or additions to the Properties except for caged birds kept as pets and domestic dogs and cats; provided that such dogs and cats shall not be allowed off the premises of Owner’s site except on a leash.  In no event shall such pets be kept, bred or maintained for any commercial purposes.

          Section 6.  Condition of Building and Grounds.  It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unsightly or unkempt conditions of buildings or grounds on such Lot which shall tend to substantially decrease the beauty of the community as a whole or the specific area.  This restriction shall apply before, during and after construction. 

          Section 7.  Signs.  No sign of any kind shall be displayed to the public view on any Lot except one identification sign of not more than two (2) square feet in size or one temporary real estate sign of not more than (5) square feet in area.  No commercial flags, pennants or other such devices shall be allowed; provided, however, that this restriction shall not be applicable to the Declaration or its assigns.

          Section 8.  Building Materials.  Only finished materials such as brick, stucco, painted concrete block, painted siding block and wood shall be used for the exterior surfaces of buildings and structures on the side or sides exposed to the street.

          Section 9.  Service Yard.  There shall be a structural enclosure of at least 36” in height, including a gate or door, for the placement of all trash and garbage cans.  All exterior pumps, motors, air conditioning compressors, storage tanks and other mechanical features shall be screened from view either by a decorative structure 36” in height or landscaping materials.

          Section 10.  Fences.  The Declarant, its successors, and assigns shall construct on a line parallel to and located 12.5 feet from the real Lot line of each Lot, a fence of a type and quality designated by the Architectural Control Committee.  Such fences shall be connected to the fences on adjoining Lots.  There shall be a gate or opening provided for each Lot.

          Section 11.  Easements.  Easements for installation and maintenance of utilities and drainage facilities and easements for sidewalks are reserved as shown on the recorded plat and over the rear 12.5 feet of each Lot.  Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements or which may interfere with the construction or use of sidewalks or associated facilities.  The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible or those grass areas over utility easements or those Common Areas to be maintained by the Association.

          Section 12.  Building Location: Single Family Dwelling.

(a)          Front yards shall not be less than twenty (20) feet in depth measured from the front property line to the front of any building structure.

(b)          Rear yards shall not be less than thirty (30) feet in depth measured from the rear property line to the rear of any building structure, exclusive of pool or patio.

(c)          Side yards shall be provided on each side of every dwelling structure of not less than ten (10) feet from side Lot lines, except on a corner lot, where setbacks from all streets or roads shall be a minimum of twenty (20) feet on any side of a dwelling facing a street or road.

          Section 13.  Offensive Activity.  No noxious or offensive activity shall be carried on or upon the Properties or additions to the Properties nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the community.  There shall be no exterior clothes lines.  There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof; and further, all domestic animals shall either be kept on a leash or kept with an enclosed area.

          Section 14.  Exterior Antenna.  No Owner shall install or maintain any exterior antenna for any purpose.  In the event that the Association installs cable and antenna for cable television or pay television, each Owner will be assessed a monthly charge for such service at rates generally charged for such service, if such service is availed of.  The expense of said cable television shall be in addition to the Annual Assessment as set forth in Article IV hereof.

          Section 15.  Insect and Fire Control.  In order to implement effective insect, reptile and woods fire control, the Association shall have the right to enter upon any residential Lot on which a residence has not been constructed and upon which no landscaping plan has been implemented (with prior written approval of the Association for such plan), such entry to be made by personnel with tractors or other suitable devices, for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth which, in the opinion of the Association, detracts from the overall beauty, setting and safety of the Development.  Such entrance for the purpose of mowing, cutting clearing or pruning shall not be deemed a trespass.  The Association and its agents may likewise enter upon such land to remove any trash which has collected on such Lot without such entrance and removal being deemed a trespass.  The provisions in this Section shall not be construed as an obligation on the part of the Association to mow, clear, cut or prune any Lot nor to provide garbage or trash removal services.

          Section 16.  Sewage.  Prior to the occupancy of a residence on any Lot, proper and suitable provision shall be made for the disposal of sewage by connection with the sewer mains of the Declarant, or its assigns, or the entity Declarant contracts with for sewage disposal service to the Properties or to the additions to the Properties.  No individual sewage disposal system shall be permitted.

          Section 17.  Trailers.  No house or travel trailer, camper, boat trailer, boat, tent, barn or other similar outbuilding or structure shall be placed on any Lot at any time, either temporarily or permanently, except in a closed structure or garage.

          Section 18.  Storage Receptacles.  No fuel tanks or similar storage receptacles may be exposed to view, and may be installed only within the main dwelling house, within the accessory building, within the screened area required herein, or buried underground.

          Section 19.  Water Wells.  Prior to the occupancy of  a residence on any Lot, proper and suitable provision shall be made for obtaining water by connection with the water mains of the Declarant, or its assigns, or the entity Declarant contracts with for the service of providing water to the Properties or to the additions to the Properties.  No individual or private potable water wells may be drilled or maintained on any Lot; provided, however, that this restriction shall not deny the right of an Owner to drill a well for the purpose of providing the capability to water the lawns and shrubs on the Owner’s Lot.

          Section 20.  Trees.  No large trees measuring six inches (6”) or more in diameter at ground level may be removed without the written approval of the Association unless located within ten (10) feet of the main dwelling or accessory building or within ten (10) feet of the approved site for such building.

          Section 21.  Rights for Bridges and Walkways.  The Association, any other provisions in this Declaration not-with-standing, shall have the right to build any bridges, walkways or fixed spans across any or all natural or man-made canals, creeks or lagoons located on the Properties or the additions to the Properties; provided; however, nothing in this Section shall be construed as placing an affirmative obligation on the Association to provide or construct any bridge, walkway or fixed span.

          Section 22.  Other Restrictions.  The architectural Control Committee shall have the authority, from time to time, to include within its promulgated Residential Planning Criteria other restrictions involving, for instance, Multi-Family Structures, and restrictions regarding such matters as prohibitions against window air conditioning units, for-sale signs, mailboxes, temporary structures, nuisances, garbage and trash disposal, vehicles and repair, removal of trees, gutters, easements, games and play structures, swimming pools, sight distance at intersections, utility connections, television antennas, driveway construction, and such other restrictions as it shall deem appropriate; provided, however, that such additional restrictions shall not be in conflict with other restrictions and easements provided in this Declaration.  The foregoing matters are shown by way of illustration and shall not be deemed to limit in any way the authority of the Architectural Control Committee to promulgate and enforce such Residential Planning Criteria.  Once the Architectural Control Committee promulgates certain restrictions, the same shall become as binding and shall be given the same force and effect as the restrictions set forth herein until the Architectural Control Committee modifies, changes or promulgates new restrictions or the Board of Directors of the Association modifies or changes restrictions set forth by the Architectural Control Committee.

.....Back to the Index.....

 

ARTICLE IX

GENERAL PROVISIONS

          Section 1.  Enforcement.  The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.  Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

          Section 2.  Severability.  Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.

          Section 3.  Amendment.  The covenants and restrictions of this Declaration shall run with and bind the land, for a tem of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years.  This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners.  Any amendment must be recorded.

          Section 4.  Annexation.  Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members.

          Section 5.  FHA/VA Approval.  As long as there is a Class B membership, the following actions will require the prior approval of The Secretary of Housing and Urban Development acting by and through the Federal Housing Commissioner or the Veterans Administration:  Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions.

.....Back to the Index.....