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CLERK'S * 2008070184
RECORDED 06/17/2008 03100120 PM
RECOROlNe FEtS 537.00
Prepared by and to be returned to: R~CU~OtD BY l McKinley
Keith R. Waters
GRAHAM, BUILDER, JONES, PRATT & MARKS, LLP
369 North New York Avenue, Third Floor
Winter Park, Florida 32789
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
RIvERVIEW TOWNHOMES
THIS DECLARA TION OF EASEMENTS, COVENANTS, CONDITIONS, AND
~CTIONS FOR RIVERVIEW TOWNHOMES (the "Declaration") is made this J2-fh day of _
--Y V\ L , 20 fl-, by MIl HOMES OF ORLANDO, LLC, a Florida limited liability
company (the "Developer"), which declares hereby that the Property described in Exhibit "A" attached
-- hereto and by reference incorporated in this Declaration, is and shall be held, transferred, sold, conveyed
,--""" and occupied subject to the covenants, restrictions, easements, charges, liens, and other matters set forth
below. The address of the Developer is 300 Colonial Center Parkway, Suite 200, Lake Mary, Florida
32746.
WIT N E SSE T H:
WHEREAS, the Developer is the owner of certain real property in City of Sanford, Seminole
County, Florida, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof (the "Property"); and
WHEREAS, the Developer has established a land use plan for the Property and the Developer
plans to develop the Property into single-family townhome residential lots and cause or allow the
construction on the developed lots of single-family attached residential dwelling townhome units; and
WHEREAS, in order to preserve and protect the value and desirability of the Property, the
Developer deems it prudent to place this Declaration of record and to subject the Property to the matters
set forth below.
NOW, THEREFORE, the Developer hereby declares that all of the Property shall be held, sold,
transferred, and conveyed subject to the following easements, restrictions, covenants, conditions, and
other matters. These easements, restrictions, covenants, and conditions are for the purpose of protecting
the value and desirability of the Property as a residential community of high standards, quality, and
beauty, and shall run with the Property and be binding on all of the parties having any rights, title, or
interest in the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the
benefit of each owner of the Property or any portion thereof.
ARTICLE I
DEFINITIONS
The terms used in this Declaration shall be defined as set forth herein unless the context otherwise
reqUIres:
1.1 "Association" shall mean and refer to the RIVERVIEW TOWNHOME OWNERS
ASSOCIA TION, INe., a Florida corporation not-for-profit, its successors and assigns.
1.2 "Articles" means the Articles of Incorporation of the Association, as may be amended
from time to time, a copy of which is attached hereto and incorporated herein as Exhibit "B".
1.3 "Board of Directors" or "Board" shall mean the directors serving as such from time to
time under the Articles of Incorporation and the Bylaws of the Association.
1.4 "Bylaws" means the Bylaws of the Association, as may be amended from time to time, a
copy of which is attached hereto and incorporated herein as Exhibit "C".
1.5 "City" means the City of Sanford, Florida.
1.6 "Code" means and refers to the Sanford City Code as such may be amended from time to
time.
1.7 "Common Area Improvements" means the paving, drainage structures, street lighting
fixtures and appurtenances, landscaping, and other structures, equipment and facilities (except public
utilities) situated or built on the Common Areas, if any.
1.8 "Common Areas" shall mean those portions of the Property that are not included in any
Lot and that are owned by the Association for the common use and enjoyment of the Owners, property
designated as Common Areas in any recorded plat or future recorded supplemental declaration, property
the Association does not own but is required to maintain, and property otherwise designated by the
Developer as Common Areas, together with the landscaping and any improvements thereon, including,
without limitation, any and all structures, including the outside portion of any walls built by the
Developer bordering public rights-of-way contiguous to the Property, open space, conservation or
preservation areas, drainage easements, mitigation buffer areas, littoral zones along retention/detention
areas, walkways, swales and spreader swale areas, grass areas and upland buffer areas, signage areas and
landscape buffer areas, landscape and wall buffer easement areas, parking areas, median strips in public
streets, private streets, sidewalks, sprinkler systems, street lights and entrance features including the
lighting, signage and landscaping of the entrance features, but excluding any public utility installations
thereon. Common Areas also include easements in favor of the Association or that the Association must
maintain.
1.9 "Conservation Area" shall mean and refer to all such property so designated as a
conservation area or conservation tract, or like designation, upon any recorded Subdivision Plat or Plats
of the Properties. The Developer reserves the right to add lands to the Conservation Area.
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1.10 "County" means Seminole County, Florida.
1.11 "Declaration" shall mean and refer to this Declaration, together with all supplements or
amendments hereto, if any.
1.12 "Developer" shall mean and refer to MIl HOMES OF ORLANDO, LLe., a Florida
limited liability company, its successors and assigns (subject to the terms, conditions, and restrictions as
may be imposed on an assignment of Developer's rights). The Developer may assign all or any portion of
its rights hereunder; and Developer may assign all or any portion of its rights with respect only to
specified portions of the Property. In the event of a partial assignment, the assignee shall not be deemed
the Developer, but may exercise those rights of the Developer specifically assigned to it, if any. Any such
assignment may be made on a non-exclusive basis.
1.13 "Development" shall mean RIVERVIEW TOWNHOMES, a single-family townhome
residential subdivision, and shall refer to the Property as it is developed pursuant to the Declaration, or
any property annexed thereto in accordance with this Declaration.
1.14 "Dwelling" shall mean the residential dwelling constructed upon a Lot.
1.15 "Institutional Lender" shall mean a bank, savings and loan association, insurance
company, real estate or mortgage investment trust, pension fund, agency of the United States
Government, mortgage banker or company, Federal National Mortgage Association, the Developer, or
any affiliate of the Developer, or other lender generally recognized as an institution type lender, which
holds a mortgage on one or more of the Lots.
1.16 "Local Government" means City of Sanford, Florida and Seminole County, Florida.
1.17 "Lot" shall mean and refer to any portion of the Property, described by lot or fractional
lot, or by metes and bounds, with the exception of the Common Areas, and intended to be conveyed by
the Developer to builders or individual purchasers for the site of a single-family townhome residence.
1.18 "Member" shall mean and refer to all those Owners who are members of the Association
in accordance with this Declaration, the Bylaws, or the Articles of Incorporation.
1.19 "Occupant" means the person or persons, other than the Owner in possession of a Lot,
and may, where the context so requires, include the Owner.
1.20 "Owner" shall mean and refer to the record owner, whether one or more person or
entities, of the fee simple title to any Lot.
1.21 "Property" shall mean and refer to that certain real property heretofore described on
Exhibit" A," and such additions thereto as may hereafter be properly brought within the jurisdiction of the
Association.
1.22 "Surface Water or Stormwater Management System" shall mean a system which is
designed and constructed or implemented, pursuant to a permit issued by the Water Management District
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
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degradation, and water pollution or otherwise affect the quantity or quality of discharges, and shall
include, but not be limited to, all inlets, ditches, swales, culverts, water control structures, retention and
detention areas, ponds, lakes, flood plain compensation areas, wetlands, and associated buffer areas, and
wetland mitigation areas.
1.23 "Turnover" means that point in time at which the Developer is incapable of electing a
majority of the Board of Directors for the Association. For the purposes of this Declaration, Turnover
shall be established as that point in time that the Developer has conveyed the 144th Lot (out of a total of
192 Lots) to an individual Owner, or at such earlier time as prescribed in Section 2.2 below.
1.24 "Water Management District" means the St. John's River Water Management District,
or any successor agency.
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
2.1 Membership. 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. Any person or entity who holds an interest in a Lot merely as a security
for the performance of an obligation is not a Member.
2.2 Voting Rights. The Association shall have two (2) classes of voting membership:
Class A. Class A Members shall be all Owners except the Developer (as long as the
Class B membership shall exist, and thereafter, the Developer shall be a Class A Member to the extent it
would otherwise qualify). Except as provided below, Class A Members shall be entitled to one (l) vote
for each Lot in which they hold the interests required for membership. When more than one person holds
such interest or interests in any Lot, all such persons shall be Members, they may exercise a total of only
one vote for that Lot, and the vote for such Lot shall be exercised as set forth in the Bylaws.
Class B. The Class B Member shall be the Developer. The Class B Member shall be
entitled to three (3) votes for each Lot owned by the Developer. The Class B membership shall cease and
terminate and be converted to Class "A" membership on the happening of the earliest of the following
events:
(a) When the total outstanding Class "A" votes in the Associates equals or exceeds
the total outstanding Class "B" votes; or
(b) Seven (7) years from the date of filing of this Declaration; or
(c) At the election of the Developer evidenced by a written waiver.
2.3 General Matters. When reference is made herein, or in the Articles, Bylaws, Rules and
Regulations, management contracts or otherwise, to a majority or specific percentage of Members, such
reference shall be deemed to be reference to a majority or specific percentage ofthe permitted votes of the
Members (one vote per Lot) and not of the individual Members themselves.
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ARTICLE III
PROPERTY RIGHTS IN THE COMMON AREAS; OTHER EASEMENTS
3.1 Members Easements. Each Member, and each tenant, agent and invitee of such Member,
shall have a non-exclusive, permanent and perpetual right and easement of enjoyment in, over, and upon
the Common Areas for the intended use and enjoyment thereof in common with all other such Members,
their tenants, agents and invitees, in such manner as may be regulated by the Association. No person
entitled to use and enjoy the Common Areas may do so in any manner inconsistent with intended use or
purpose of the Common Areas.
Without limiting the generality of the foregoing, such rights of use and enjoyment are
hereby made subject to the following:
(a) The right and duty of the Association to levy Assessments against each Lot for
the purpose of maintaining the Common Areas in compliance with the provisions of this Declaration and
with the restrictions on the plats of portions of the Property from time to time recorded.
(b) The right of the Association to adopt at any time and from time to time and
enforce Rules and Regulations governing, among other things, the use of the Common Areas and all
structures at any time situated thereon, including the right to fine Members as hereinafter provided. Any
rule or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in
this Declaration.
(c) The right to the use and enjoyment of the Common Areas and facilities thereon
shall extend to Owners and Occupants and their immediate family who reside in a Dwelling, and their
guests, subject to regulation from time to time by the Association in its lawfully adopted and published
Rules and Regulations.
(d) The right of the Developer to permit such persons as the Developer shall
designate to use the Common Areas and all recreational facilities thereon (if any).
(e) The right of the Association, by a seventy-five percent (75%) affirmative vote of
the Members, to dedicate, sell, or transfer all or portions of the Common Areas to a public agency under
such terms as the Association deems appropriate and to create or contract with special taxing districts for
lighting, roads, recreational or other services, security or communications and other similar purposes
deemed appropriate by the Developer (to which such creation or contract all Owners hereby consent).
(f) The right of the Association to suspend for a reasonable time the rights of an
Owner or Occupant, or their family members or guests, to use Common Areas as a result of the violation
by the Owner, Occupant, family member or guest of any covenant, condition, or restriction contained in
this Declaration.
3.2 Easement Appurtenant. The rights and easements provided in Section 3.1 shall be
appurtenant to and shall pass with the title to each Lot.
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3.3 Maintenance. The Association shall maintain in good repair and shall manage, operate
and insure, and shall replace as often as necessary, the Common Area Improvements, with all such work
to be done as ordered by the Board of Directors of the Association. Maintenance of street lighting
fixtures shall include and extend to payment for all electricity consumed in their illumination. Without
limiting the generality of the foregoing, the Association shall assume all of the Developer's and its
affiliates' responsibility to any governmental agencies of any kind with respect to the Common Area
Improvements and the Common Areas and shall indemnify and hold the Developer and its affiliates
harmless with respect thereto.
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 with this
Declaration. No Owner may waive or otherwise escape liability for Assessments by non-use of the
Common Areas or abandonment of the right to use the Common Areas.
The Association shall maintain the outside portion of the fences or walls (the side thereof
not facing the Property), if any, constructed by the Developer along the perimeter of the Property, or any
portion thereof; whereas each Owner shall maintain the inside surface of that portion of any such fence or
wall that lies on or adjoins the Owner's Lot, as well as any other fence or wall that is on the Owner's Lot.
The Owner shall not make any changes in the perimeter fence or wall, if any, including, but not limited
to, change of color or material of the fence or wall, without the express written approval of the
Association.
The Association shall be responsible for the maintenance, operation and repair ofthe Surface
Water or Stormwater Management System. Maintenance of the Surface Water or Stormwater Management
System(s) shall mean the exercise of practice which allow the systems to provide drainage, water storage,
conveyance or other surface water or stormwater management capabilities as permitted by 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.
The Developer has constructed drainage swales upon portions of the Property, including
some or all Lots, for the purpose of managing and containing the flow of excess surface water, if any, found
upon such the Property from time to time. Each Lot Owner shall be responsible for the maintenance,
operation and repair of the swales on his Lot. Maintenance, operation and repair shall mean the exercise of
practices, such as mowing and erosion repair, which allow the 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 the swales is
prohibited. No alteration of the drainage swales shall be authorized and any damage to any drainage swale,
whether caused by natural or human-induced 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.
3.4 Rights of the Local Government. The Local Government shall hereby have the right, but
not the obligation, to access, maintain, repair, replace, and otherwise care for or cause to be cared for any
and all private easements, Common Areas, rights-of-way, and improvements therein, as depicted on the
plat of the Development as recorded in the Public Records of the County. In the event any said private
easements, Common Areas, improvements, and rights of way are not maintained or such become a
nuisance, or in the event the Local Government exercises the aforementioned right, the Association and
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each Lot Owner are hereby ultimately responsible for payment of the cost of maintenance, repair,
replacement, and care provided by the Local Government, or its agents, plus administrative costs and
attorneys' fees incurred by or for the Local Government. Said costs shall be a lien or assessment on all
Lots in the Development and on all Common Areas, and may be enforced by foreclosure proceedings and
other remedies. This right and the Local Government's exercise of said right shall not impose any
obligation on the Local Government to maintain, repair, replace, or otherwise care for said private
easements, Common Areas, improvements or rights-of way and improvements contained therein.
3.5 Utility Easements. Use of the Common Areas for utilities as well as use of the other
utility easements as shown on relevant plats, shall be in accordance with the applicable provisions of this
Declaration. The Developer and its affiliates, and its and their designees, shall have a perpetual easement
over, upon, and under the Common Areas for the installation and maintenance of community or cable TV
and security and other underground television, radio and security cables for service to the Lots and other
portions of the Development.
3.6 Public Easements. Fire, police, health and sanitation, park maintenance, and other public
service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over
and across the Common Areas.
3.7 Ownership and Use.
(a) The Common Areas shall be for the nonexclusive joint and several use, in
common, of the Developer and the Owners of all Lots that may from time to time constitute part of the
Property and the Developer's and such Owners' tenants, guests and invitees.
(b) The Common Areas (or appropriate portions thereof) shall, upon the later of
completion of any improvements thereon or the date when the first Lot with a residence built thereon
within the Property has been conveyed to a purchaser (or at any time and from time to time sooner at the
sole election ofthe Developer), be conveyed to the Association, which shall accept such conveyance.
(c) Beginning from the date on which this Declaration is recorded, the Association
shall be responsible for the maintenance of the Common Areas (whether or not then conveyed or to be
conveyed to the Association or the Local Government as the case may be), such maintenance to be
performed in a continuous and satisfactory manner.
(d) The Common Areas cannot be mortgaged or conveyed without the affirmative
vote of seventy-five percent (75%) of the Class A Members of the Association.
(e) It is intended that all real estate taxes assessed against that portion of the
Common Areas owned or to be owned by the Association shall be proportionately assessed against and
payable as part of the taxes of the Lots. However, notwithstanding the foregoing, in the event that any
such taxes are assessed directly against the Common Areas, the Association shall be responsible for the
payment ofthose taxes, including taxes on any improvements and any personal property located thereon.
(f) The Developer and its affiliates shall have the right from time to time to enter
upon the Common Areas and other portions of the Property for the purpose of construction,
reconstruction, repair, replacement, and/or alteration of the any Improvements or facilities on the
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Common Areas or elsewhere on the Property, that the Developer and its affiliates elect to effect, and to
use the Common Areas and other portions of the Property for sales, displays, and signs of any portion of
the Development.
(g) Without limiting the generality of the foregoing, the Developer and its affiliates
shall have the specific right to maintain upon any portion of the Property sales, administrative,
construction, and other offices without charge, and appropriate easements of access and use are expressly
reserved unto the Developer and its affiliates, and its and their successors, assigns, employees, and
contractors, for this purpose.
(h) Any obligation to complete portions of the Common Areas shall, at all times, be
subject and subordinate to these rights and easements and to the above-referenced activities.
Accordingly, the Developer shall not be liable for delays in such completion to the extent resulting from
the above-referenced activities.
3.8 Other Easements.
(a) The Owner of each Lot shall have an easement of access over and upon adjoining
Lots and the Common Areas for the purpose of allowing such Owner to maintain and repair air-
conditioning compressors, air-conditioning equipment, meters, and other equipment serving such Owner's
Lot which may be located on or near the Lot boundary, or that extend onto such adjoining Lots or
Common Areas. Easements are reserved over each Lot and the Common Areas in favor of each other Lot
and the Common Areas in order to permit drainage and run-off from one Lot (and its improvements) to
another or to the Common Areas or from the Common Areas to any Lot or Lots.
In the event any portion of any Lot (or of the improvements thereon) encroaches upon the
Common Areas as a result of the construction, reconstruction, repairs, shifting, settlement, or moving of
any portion of the Property, a valid easement for the encroachment is hereby created and granted.
Notwithstanding the foregoing, no easement for an encroachment shall exist for any encroachment
occurring due to the willful conduct of an Owner. The Association is hereby granted an easement, for
itself and its contractors, over the Lot of each Owner for the purpose of enforcing the provisions of this
Declaration, and may go upon any Lot as necessary to remove or repair any cause or condition that
constitutes a violation of any provision of this Declaration. If the Association, after notice to the Owner
and failure to cure by the Owner (as more particularly provided below), does in fact exercise its right to
cure such a cause or condition, then all costs incident to the Association's actions shall become the
personal obligation of the Owner and be imposed as a lien against the Lot in the same fashion as if those
sums represented monies due for unpaid assessments.
(b) The Association shall have the right to grant permits, licenses, and easements
over the Common Areas for utilities, roads, and other purposes reasonably necessary or useful for the
proper maintenance and operation of the Development. The Association shall be required to grant all
easements or agreements as required by jurisdictional agencies as a result of the development of the
Property into a subdivision.
(c) The Association shall have a perpetual non-exclusive 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
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Surface Water or Stormwater Management System, at a reasonable time and in a reasonable manner, to
operate, maintain or repair the Surface Water or Stormwater Management System as required by the Water
Management District permit. Additionally, the Association shall have a perpetual non-exclusive 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 Water Management District.
3.9 Future Development Easements. In conjunction with the development of other
surrounding lands (not necessarily abutting lands), the Association shall be required to grant the
Developer and its affiliates, and their respective successors and assigns, upon request, necessary
easements as required by jurisdictional agencies for the installation and maintenance of underground
facilities and equipment such as water or line, sanitary sewers, storm drains, and electric, telephone and
security lines, cables, and conduits, under and through the common area tracts and other lands owned by
the Association as shown on the plats of the Property. In conjunction with the development of
interconnected road networks of other surrounding lands (not necessarily abutting lands), the Association
shall be required to grant the Developer and its affiliates, and their respective successors and assigns,
upon request, necessary easements for ingress and egress as may be required by jurisdictional agencies
through the common area tracts and other lands owned by the Association as shown on the plats of the
Property. The Association shall not deed common area lands or lands owned by the Association without
prior written consent of the Developer.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
4.1 Creation of the Lien and Personal Obligation of the Assessments.
(a) Annual Assessments. Except as provided elsewhere herein, each Owner of a Lot
by acceptance of a deed or conveyance thereof, whether or not it shall be so expressed in such deed or
other conveyance, shall be deemed to covenant and agree to pay to the Association annual assessments
for the maintenance, management, operation, and insurance of the Common Areas, administration of the
Association, and for funding other permitted or required activities of the Association, including capital
improvement assessments, assessments for maintenance, and all other charges and assessments
hereinafter referred to, all such assessments to be fixed, established, and collected from time to time as
herein provided and in accord with all other provisions herein.
(b) Special Assessments and Other Charges. In addition, special assessments may
be levied against particular Lots or Owners (to the exclusion of others). The Association may also levy
other charges against specific Lots or Owners as contemplated in this Declaration.
(c) Personal Obligation. The annual, special, and other assessments, together with
such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal
obligation of the person who is the owner of the Lot against which the assessment is levied at the time
when the assessment fell due and the obligation of all subsequent Owners until paid.
(d) Uniformity. Except as provided herein 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 equally.
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(e) Initiation Assessment. Each time a Lot is conveyed or title is otherwise
transferred by an Owner to his successor, an initiation assessment of $200.00 shall be due to the
Association from either the new Owner or the conveying Owner. Each initiation assessment shall be paid
to the Association concurrent with the conveyance or other transfer of title, and shall constitute a lien
against the applicable Lot until paid in full. The Board of Directors may from time to time increase the
initiation assessment. The initiation assessment shall not increase by more than fifteen percent (15%)
during any calendar year unless the Owners approve by majority vote a greater increase. The initiation
assessments may be used in the discretion of the Board of Directors for any purpose for which the annual
assessment may be used. The initiation assessment may sometimes be referred to below as the "initiation
fee."
All references in the Declaration to "Assessments" shall be deemed to include reference
to any and all of the aforesaid charges whether or not specifically mentioned.
4.2 Purpose of Assessments. The annual Assessments levied by the Association shall be
used exclusively for maintenance of the Common Areas (including walls), for certain Lot maintenance
performed by or at the direction of the Board as provided for in this Declaration, for capital
improvements, insurance, cash reserves (if any), and for promoting the health, safety, welfare, and
recreational opportunities of the Members of the Association and their families residing with them, their
guests and tenants, all as provided for herein. Payment of taxes on the Common Areas shall be a purpose
of the Association and shall be paid by the Association from Assessments. Assessments shall also be used
for the maintenance and repair of the Surface Water or Stormwater Management Systems including but not
limited to work within retention areas, drainage structures, swales and drainage easements.
4.3 Specific Damage. Owners (on their behalf and on behalf of their children, guests and
other Occupants) causing damage to any portion of the Common Areas as a result of misuse, negligence,
failure to maintain, or otherwise shall be directly liable to the Association for the cost of repairing
damages or otherwise remedying the effects of their actions, and a special Assessment may be levied
therefor against such Owner or Owners. Such 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.
4.4 Exterior Maintenance. Each Owner, except as contemplated specifically herein, shall
maintain the structures and grounds on his Lot at all times in a clean and attractive condition as provided
elsewhere herein. Upon an Owner's failure to do so, the Association may at its option, after giving the
Owner ten (10) days written notice sent to his last known address, or to the affected Lot, cut that portion
of the grass, weeds, shrubs, and vegetation which the Owner is to maintain when and as often as the
Association deems necessary in its judgment, and dead trees, shrubs, and plants removed from such Lot,
and other areas resodded or landscaped, or the Association may otherwise do that which the Association
deems necessary to place that Lot and the improvements thereon in full compliance with this Declaration;
and all expenses of the Association for work performed or actions taken under this provision shall be a
lien and special Assessment charged against the Lot on which the work was done and shall be the
personal obligation of all Owners of such Lot. No bids need to be obtained by the Association for any
such work and the Association shall designate the contractor or other service provider in its sole
discretion.
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4.5 Commencement of Annual Assessments; Initial Assessment; Due Dates: Increases.
(a) The annual Assessments provided for in this Article shall commence as to all
Lots on the first day of the month next following the recording of this Declaration, and shall be applicable
through December 31 of such year. Each subsequent annual Assessment shall be imposed for the year
beginning January 1 and ending December 31.
(b) The annual Assessments shall be payable in advance in monthly installments, or
in annual, semi-annual, or quarter-annual installments if so determined by the Board of Directors.
(c) The initial annual Assessments for the calendar year ending on December 31,
2007, shall not exceed $ 2,500.00
(d) The due date of any special Assessment shall be fixed in the Board resolution
establishing such Assessment.
(e) At least thirty (30) days before the expiration of each calendar year, the Board
will prepare and distribute to each Owner a proposed budget for the Association's operations during the
next ensuing calendar year. If such budget requires an annual Assessment of 115% or less of the annual
Assessment then in effect, the assessment so proposed will take effect at the commencement of the next
ensuing calendar year without further notice to any Owner. If such budget requires an annual Assessment
that is more than one hundred fifteen percent (115%) of the annual Assessment then in effect, then the
Board shall call a special membership meeting on not less than fifteen (15) days prior notice for the
purpose of approving such increase. A majority of the votes of those Members present and voting is
sufficient for such approval, and the Assessment approved will take effect at the commencement of the
next ensuing calendar year without further notice to any Owner. If the proposed Assessment is
disapproved, a majority of the votes will determine the annual Assessment for the next ensuing calendar
year, which may be in any amount not exceeding that stated in the meeting notice.
(f) The Assessment amount (and applicable installments) for a given calendar year
may be changed by the Board at any time from that originally stipulated or from any other Assessment
that is in the future adopted, so long as the change does not result in a new Assessment of more than
115% of the current Assessment for the period to which the new Assessment applies. The original
Assessment for any year shall be levied for the calendar year, but the amount of any revised Assessment
to be levied during any period shorter than a full calendar year shall be in proportion to the number of
months (or other appropriate installments) remaining in such calendar year.
4.6 Duties of the Board of Directors.
(a) The Board of Directors shall fix the commencement date and the amount of the
Assessment against each Lot subject to the Association's jurisdiction for each calendar year at least thirty
(30) days in advance of such 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.
(b) Written notice of the Assessment shall be sent to every Owner subject thereto
thirty (30) days prior to the due date for payment of the first installment thereof, except as to emergency
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Assessments. In the event no such notice of a change in the Assessments for a new assessment period is
given, the amount payable shall continue to be the same as the amount payable for the previous period,
until changed in the manner provided for herein.
(c) The Association shall, upon demand and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the Assessments on a specified
Lot have been paid. A properly executed certificate of the Association reporting on the status of
Assessments on a Lot is binding upon the Association as of the date of its issuance. The Association may
delegate to a management company, financial institution, or mortgage company responsibility for
collection of Assessments.
(d) 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 (including affiliates of the Developer) for management services. The
Association shall have all other powers provided in its Articles of Incorporation and Bylaws.
4.7 Effect of Non-Pavment; the Personal Obligation; the Lien; Remedies ofthe Association.
(a) If the Assessments (or installments) are not paid on the date(s) when due (being
the date(s) specified herein), then such Assessments (or installments) shall become delinquent and shall
thereupon, together with late charges, interest, and the cost of collection thereof as hereinafter provided,
become a continuing lien on the Lot which shall bind that Lot in the hands of the then Owner, his heirs,
personal representatives, successors, and assigns. The personal obligation of the then Owner to pay such
Assessment shall pass to his successors in title and recourse may be had against either or both.
(b) If any installment of an Assessment is not paid within thirty (30) days after the
due date, at the option of the Association, a late charge not greater than five percent (5%) of the amount
of such unpaid installment may be imposed (provided that only one late charge may be imposed on any
one unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue
interest as provided herein but shall not be subject to additional late charges; provided further, however,
that each other installment thereafter coming due shall be subject to one late charge each as aforesaid),
and, in the Board's discretion, the next l2-months of installments may be accelerated and become
immediately due and payable in full, and all such sums shall bear interest from the dates when due until
paid at the highest lawful rate.
(c) The Association may bring an action at law against the Owner( s) personally
obligated to pay the Assessment or may record a claim of lien (as evidence of its lien rights as
hereinabove provided for) against the Lot on which the Assessments and late charges are unpaid and may
foreclose the lien (in the manner to foreclose a mortgage) against the Lot on which the Assessments and
late charges are unpaid. The Association may pursue one or more of such remedies at the same time or
successively, and reasonable attorneys' fees and costs of preparing and filing the claim of lien and the
complaint, if any, in such action shall be added to the amount of such Assessments, late charges, and
interest. In the event a judgment is obtained, such judgment shall include all such sums as above
provided and reasonable attorneys' fee to be fixed by the court together with the costs of the action, and
the Association shall be entitled to reasonable attorneys' fees in connection with any appeal of any such
action, if the Association is successful in the appellate court. No Owner may waive or otherwise escape
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liability for the Assessments provided for herein by non-use of the Common Areas or abandonment of his
Lot.
(d) In the case of an acceleration of the next twelve (12) months of installments, each
installment so accelerated shall be deemed, initially, equal to the amount of the then most current
delinquent installment, provided that if any such installment so accelerated would have been greater in
amount by reason of a subsequent increase in the applicable Assessment or budget, the Owner of the Lot
whose installments were so accelerated shall continue to be liable for the balance due by reason of such
increase and special Assessments against such Lot may be levied by the Association for such purpose.
(e) No Owner acquiring title to a Lot against which an Assessment is delinquent
shall be entitled to enjoy or use the Common Areas until such time as all unpaid and delinquent
Assessments due and owing from the selling Owner have been paid; provided, however, that the
provisions of this sentence shall not be applicable to the mortgages and purchasers contemplated by the
Section below in this Article entitled "Subordination of the Lien." The Board shall also have the right to
suspend any or all voting rights of any Owner who has failed to pay annual Assessments due from him
within ninety (90) days after such Assessments become due.
(f) It shall be the legal duty and responsibility of the Association (as hereinafter
contemplated) to enforce payment of the Assessments hereunder. Failure of the Association to send or
deliver bills shall not, however, relieve Owners from their obligations hereunder. Notwithstanding the
foregoing obligations, the Association may compromise or settle any claim(s) for delinquent Assessments
upon terms which the Board, in its sole discretion, deems reasonable and in the best interest of the
Association.
(g) All Assessments, late charges, interest, penalties, fines, reasonable attorneys'
fees, and other sums provided for herein shall accrue to the benefit of the Association.
(h) Owners shall be obligated to deliver the documents originally received from the
Developer, containing this and other declarations and documents, to any grantee of such Owner.
4.8 Subordination of the Lien. The lien of the Assessments provided for in this Article shall
be a lien superior to all other liens except real estate tax liens and the lien of any mortgage to any
Institutional Lender now or hereafter encumbering a Lot. Notwithstanding the foregoing, an Institutional
Lender mortgagee, when in possession, or any receiver, and in the event of a foreclosure, any purchaser at
a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons
claiming by, through, or under such purchaser or mortgagee, shall hold title subject to the liability and
lien of any Assessment coming due after such 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. No purchaser at a foreclosure sale, and no persons claiming by, through, or
under an Institutional Lender acquiring title to a Lot through foreclosure or a deed in lieu thereof, shall be
personally obligated to pay Assessments that accrue prior to the Institutional Lender's or the foreclosure
purchaser's acquiring title.
4.9 Access at Reasonable Hours. The Association, through its duly authorized agents or
employees or independent contractors, shall have the right, after ten (10) days notice to the Owner, to
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enter upon any Lot at reasonable hours on any day for the purpose of performing exterior maintenance on
the Lot, and shall also have a reasonable right of entry upon any Lot to make emergency repairs or to do
other work reasonably necessary for the proper maintenance or operation of the Development.
4.10 The Developer's Assessment. The Developer, as a Lot Owner shall be relieved from the
obligation of paying Assessments levied against the Lots owned by the Developer, but instead shall be
obligated to pay any operating expenses incurred by the Association that exceed the Assessments
receivable from other Members and other income of the Association. The Developer may at any time
elect in lieu of paying operating deficits as provided above, to pay the same Assessments as are paid by
other Owners, in which event Developer shall no longer be obligated to pay the operating deficits.
4.11 Trust Funds. The portion of all annual 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 interest may appear, and may be invested in interest-
bearing or non-interest bearing accounts, in certificates of deposit, in money market accounts, 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.
4.12 Homeowner's Documents, Books and Papers. The Association shall have current copies
of the Declaration, the Bylaws of the Association, the Articles of Incorporation, the Rules and
Regulations for the Property, and the books, records, and financial statements of the Association available
for inspection, upon request, during normal business hours, to Members and Institutional Lenders, and to
holders, insurers, or guarantors of any first mortgage on any Lot. The Association may adopt reasonable
rules governing the frequency, time, location, notice, and manner of such inspections, and may impose
fees to cover the Association's costs of providing copies of such records. Provided, however, said records
shall be made available for inspection by Members or their authorized agents at reasonable times and
places within ten (10) business days after receipt of a written request for access.
4.13 Reserves for Replacement. The Association may establish and maintain, out of regular
Assessments for common expenses, an adequate reserve fund for the periodic maintenance, repair, and
replacement of improvements to the Common Areas.
4.14 Exempt Property. All properties dedicated to and accepted by a local public authority
shall be exempt from the Assessments created herein.
ARTICLE V
CERTAIN RULES AND REGULATIONS
5.1 Applicability. The provisions of this Article V shall be applicable to all of the Property
(and the Owners thereof) but shall not be applicable to the Developer or property owned by the
Developer.
5.2 Land Use and Building Type. No Lot shall be used except for residential purposes. No
building constructed on a Lot shall be used except for residential purposes. No building shall be erected,
altered, placed, or permitted to remain on any Lot other than a single-family townhome unit not to exceed
two (2) stories or thirty-five (35) feet in height. No townhome unit shall contain less than 1,400 square
feet of heated living space. Temporary uses by Developer and its affiliates for model homes, sales
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displays, parking lots, sales offices, and other offices, or anyone or combination of such uses, shall be
permitted. No changes may be made in buildings erected by the Developer or its affiliates (unless such
changes are made by the Developer) without the consent of the Architectural Control Board as provided
below. No screening of porches or screen doors shall be allowed on the front facade of homes. No trailer
house, manufactured, or otherwise prefabricated house shall be permitted on any Lot.
5.3 Easements. Easements for installations and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plats covering the Property, as shown on the final
surveys, and as provided herein. Within these easements, no structure, planting, or other material may be
placed or permitted to remain that will interfere with, damage, or prevent the maintenance of utilities or
obstruct or retard the flow of water through drainage channels in the easements, or otherwise prevent or
impede the intended use of the easement, except with the consent of the Board of Directors and the
appropriate governmental agency. The area of each Lot covered by an easement and all improvements in
the area shall be maintained continuously by the Owner of the Lot, except as provided herein to the
contrary and except for installation for which a public authority or utility company is responsible. The
appropriate water and sewer authority, electric utility company, telephone company, the Association, and
the Developer and its affiliates, and their respective successors and assigns, shall have a perpetual
easement for the installation and maintenance of underground facilities and equipment such as water line,
sanitary sewers, storm drains, and electric, telephone and security lines, cables, and conduits, under and
through the utility easements as shown on the plats of the Property. The Developer and its affiliates, and
its and their designees, successors, and assigns, shall have a perpetual easement for the installation and
maintenance of cable and community antenna, radio, television, and security lines within platted utility
easement areas. All utilities and lines within the Development, whether in street rights-of-way or utility
easements, shall be installed and maintained underground.
5.4 Obnoxious or Offensive Activity. No activity or use shall be allowed upon the Property
which is a source of annoyance, embarrassment or discomfort to Owners or their tenants or invitees, or
which interferes with the peaceful possession and proper use and enjoyment of the Property, nor shall any
improper, unsightly, offensive or unlawful use be made of any Lot, Dwelling or the Common Property,
and all laws and regulations of applicable governmental bodies shall be observed. The Property shall be
used, enjoyed and occupied in such manner as not to cause or produce any of the following effects
discernible outside any Dwelling: noise or sound that is objectionable because of its volume, duration,
beat, frequency or shrillness; smoke; noxious, toxic or corrosive fumes or gases; obnoxious odors; dust,
dirt or fly ash; unusual fire or explosive hazards; vibration; or interference with normal television, radio
or other telecommunication reception by other Owners.
5.5 Temporary Structures. No structure of a temporary character, or trailer, tent, mobile
home, or recreational vehicle, shall be permitted on the Property at any time or used at any time as a
residence, either temporarily or permanently, except by the Developer and its affiliates or other builders
during construction.
5.6 Signs. No sign of any kind shall be displayed on any Lot, except a sign used by a builder
to advertise the company during the construction and sales period. Notwithstanding the foregoing, after
the Developer no longer holds any Lots for sale in the ordinary course of business, a single sign of not
more than five (5) square feet advertising the Lot (or home thereon) for sale or for rent (in locations and
in accordance with design standards approved by the Architectural Control Board) shall be permitted. No
sign of any kind shall be permitted to be placed on the outside walls of a residence or on any fences on the
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Property, nor on the Common Areas, nor on dedicated areas, if any, nor on entry ways within the
Property, except such as are placed by the Developer or its affiliates. Under no circumstances shall any
signs advertising any Lot (or home thereon) for sale or lease, except Developer's signs, be permitted
during any period that the Developer holds at least one Lot for sale in the ordinary course of business.
5.7 Oil and Mining Operation. No oil drilling, oil development operations, oil refining,
quarrying, or mining operations of any kind shall be permitted upon or in the Property, nor on dedicated
areas, nor shall oil wells, tunnels, mineral excavations, or shafts be permitted upon or in the Property. No
derrick or other structure designed for use boring for oil or natural gas shall be erected, maintained, or
permitted upon any Lot or any portion of the Property.
5.8 Pets, Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept on any Lot, except household pets (in such numbers as the Board may permit) that are not
kept, bred, or maintained for any commercial purpose, and provided that they do not become a nuisance
or annoyance to any neighbor. No dogs or other pets shall be permitted to defecate on any Common
Areas, except any areas designated by the Association, and Owners shall be responsible to clean up any
improper defecations. In no event shall dogs be permitted upon the Common Areas unless leashed. For
purposes hereof, "household pets" shall mean dogs, cats, caged domestic birds, and fish. Any Owner who
keeps a pet thereby agrees to indemnify the Association and hold it harmless against any and all fines,
penalties, claims, demands, expenses, costs, obligations, and liabilities of any kind or character arising
from or relating to the pet. Pets shall also be subject to applicable rules and regulations.
5.9 Visibility at Intersection. No obstruction to visibility at street intersections or Common
Area intersections shall be permitted, and visibility clearances shall be maintained as required by local
law.
5.10 Architectural Control.
(a) No building, wall, fence, swimming pool, or other structure or improvement of any
nature (including landscaping or exterior paint or exterior finish) shall be created, placed, applied, altered,
or maintained on any Lot until the construction plans, specifications, and a plan showing the location of
the structure, landscaping, and intended exterior materials as may be required by the Architectural Control
Board have been approved in writing by the Architectural Control Board named below, and all necessary
governmental permits are obtained.
(b) Each building, wall, fence, or other structure or improvement of any nature, together with
the landscaping, shall be erected, placed or altered upon a Lot only in accordance with the plans and
specifications and plot plan so approved by the Architectural Control Board and with applicable
governmental permits and requirements.
(c) Refusal by the Architectural Control Board (ACB) of approval of plans, specifications
and plot plans, or any ofthem, may be based on any ground, including purely aesthetic grounds.
(d) Any change in the exterior appearance of any building (including any change in the
exterior color of the building), wall, fence, or other structure or improvements, and any change in the
appearance of the landscaping, shall be deemed an alteration requiring approval under this provision.
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(e) The Architectural Control Board shall have the power to promulgate such rules and
regulations as it deems necessary to carry out the provisions and intent of this paragraph.
(f) The Architectural Control Board shall be appointed by the Board of Directors of the
Association. A majority of the Architectural Control Board may take any action the Architectural Control
Board is empowered to take, may designate a representative to act for the Architectural Control Board,
and may employ personnel and consultants to act for it. In the event of death, disability, or resignation of
any member of the Architectural Control Board, the remaining members shall have full authority to
designate a successor. The members of the Architectural Control Board shall not be entitled to any
compensation for services performed pursuant to this covenant. The Architectural Control Board shall act
on submissions to it within forty-five (45) days after receipt of the same (and all further documentation
required).
(g) Without limiting the generality of Section 5.1 hereof, the foregoing provisions shall not
be applicable to the Developer or its affiliates or to construction activities conducted by the Developer or
such affiliates.
5.11 Exterior Appearance and Landscaping. The paint, coating, stain, and other exterior
finishing colors and materials on all residential buildings may be maintained as that originally installed
without prior approval of the Architectural Control Board. However, prior approval by the Architectural
Control Board shall be necessary before any such exterior finishing color or material is changed. The Lot
landscaping (except for that portion to be maintained by the Association, if any), including, without
limitation, the trees, shrubs, lawns, flower beds, walkways, and ground elevations, shall be maintained by
the Owner or by the Association, as provided elsewhere herein, as originally installed, unless the prior
approval for any change, deletion, or addition is obtained from the Architectural Control Board. Lot
Owners shall mow grass; edge driveways, sidewalks and curb lines; weed planting areas; broom or
remove dirt, clipping, and leaves from walks, drives and roads; and trim hedges which would give the
appearance of weekly yard maintenance during peak growing seasons (i.e. may not need weekly mowing
in winter months, but leaf raking may be required).
5.12 Vehicles. No vehicle may be parked on the Property except on paved streets and paved
driveways. No inoperative vehicles shall be allowed to remain on the Property in excess of forty-eight
(48) hours unless kept in a garage and not visible from the street or any other Lot. No commercial truck,
van, or trailer, or other commercial vehicle or equipment, and no motor home, house trailer, camper, boat,
trailer for boat or other water craft, horse trailer, other recreational vehicle, or any other equipment
(whether motorized or towed), (collectively the "Prohibited Vehicles") shall be permitted to be parked or
stored at any place on any portion of the Property for a period longer than four (4) consecutive hours
unless parked within an enclosed garage or within an area of the Property expressly designated by the
Developer for the placement of such vehicles. This prohibition on parking shall not apply to any vehicles
of the Developer or its affiliates. For purposes of this Section, a commercial vehicle shall include: (a) any
vehicle used by a business for the transportation of goods, equipment, materials and the like, or for the
transportation of personnel; (b) any vehicle bearing the name of a business or other signage, commercial
markings, or advertising (other than the name and logo of the vehicle's manufacturer); c) any vehicle to
which racks, railings, or other devices have been attached for the transportation of materials or equipment
(other than the bed of an ordinary pickup truck); (d) any other vehicle not customarily used for personal
or family transportation; or e) any vehicle including permanent attachments to the vehicle which exceeds
6 feet 8 inches feet in height. No vehicles or automobiles shall be permitted to be parked or to be stored
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on easement areas, buffer areas, or any drainage easement within the Property. No vehicles or
automobiles shall be permitted to be parked or to be stored on road right-of-way within the Property for a
period of twelve (12) consecutive hours or it remains in violation for a period of forty-eight (48)
nonconsecutive hours in any seven (7) day period, and said time frames shall be cumulative for all vehicles
associated with a Lot Owner (i.e. different vehicles can not be rotated in and out of the street). Any vehicle
parked in violation of this Section (or the rules and regulations from time to time adopted by the
Association to implement this Section) may be towed by the Association at the sole expense and risk of
the vehicle's owner if such vehicle remains in violation from the time a notice of violation is placed upon
it. The Association shall not be liable to the owner of the vehicle for trespass, conversion, damages, or
otherwise, by reason of such towing, and neither removal of the vehicle nor failure to provide notice of
the violation to the vehicle's owner shall be grounds for relief of any kind. 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. An affidavit of the person posting such notice stating that it was properly posted shall be
conclusive evidence of proper posting.
5.13 Garbage and Trash Disposal. No garbage, refuse, trash, or rubbish shall be deposited,
dumped, or disposed of within the Property, except as permitted by the Association. The requirements
from time to time of the applicable governmental authority for disposal or collection of waste shall be
complied with. All equipment for the storage or disposal of such material shall be kept in a clean and
sanitary condition. Containers must be no less than twenty (20) gallons, or more than thirty-two (32)
gallons in capacity, and well sealed, or otherwise comply with Local Government requirements, if any.
Such containers may not be placed out for collection sooner than twenty-four (24) hours prior to
scheduled collection and must be removed within twelve (12) hours of collection. No trash container
when stored shall be visible from street (i.e. located in garage, back yard, or side yard screened with
hedge or fence. In the event that governmental disposal or collection of waste is not provided to
individual Lots, garbage, refuse, trash, or rubbish shall be deposited by each Owner in a dumpster
designated by the Association and shall be collected by a private entity hired by the Association.
5.14 Fence. No fences on any Lot shall extend toward the front of any Lot beyond a setback
of 15 feet towards the rear of a home from the front corner of the home on the Lot that is nearest the front
lot line (15' back from the front of the house). The ACB may adjust the setback at their discretion for the
fence due to the location of the abutting home, features thereof, or other features on that Lot, such as
trees. No fence or wall shall exceed a height of six (6) feet. The composition, location, and height not
specified herein of any other fence or wall to be constructed on any Lot shall be subject to the approval of
the Architectural Control Board. Fences in the rear yards of Lots abutting retention areas shall be no
higher than five (5) feet in height and shall be constructed of black aluminum. Privacy around the
perimeter of the aluminum fence shall be accomplished through landscape materials planted inside the
fence perimeter (such as vibernum). No stockade or chain link fences shall be permitted on a Lot. All
fences shall be made of aluminum or vinyl (PVC) and shall otherwise comply with guidelines
promulgated by the ACB. No fence connecting to a perimeter wall shall at the intersection with the
perimeter wall exceed the height of the perimeter wall. To the extent tapering is necessary to ensure no
fence so exceeds the height of a perimeter wall, such tapering shall commence at a standard rate at least
eight feet (8') before the intersection of the fence and wall. The Owner of any Lot containing a fence
facing a right-of-way shall plant shrubs (such as vibernum) along the fence, between the fence and the
right -of-way except where a gate opening is required including but not limited to fence viewed from the
front of the home and fencing along side yards of comer lots. On odd shaped and corner lots, no fence
shall be located closer to the right-of-way line than the home, unless approved by the ACB.
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5.15 No Drying. To the extent lawful, no clothing, laundry, or wash shall be aired or dried out
of doors on any portion of the Property.
5.16 Unit Air Conditioning. Reflective Materials & Window Treatments. No air conditioning
units may be mounted through windows or walls. No building shall have any aluminum foil placed in
any window or glass door, or any reflective substance or other materials (except standard window
treatments) placed on any glass, except such as may be approved by the Architectural Control Board for
energy conservation purposes. No stickers, decals, flags, signs, or lights of any kind shall be placed on
inside or outside of windows or doors. No temporary or permanent interior or exterior window treatments
shall be allowed such as sheets, cardboard, or newspaper.
5.17 Metal Out Buildings. No out-buildings or sheds of any kind shall be constructed or
placed on any Lot.
5.18 Garages. All residences must have at least two-car garages. No carports are permitted.
All garage doors must be maintained in operating condition. No garage may be converted to living space
without the prior approval of the Architectural Control Board.
5.19 Landscaping. The basic landscaping plan for each house must be submitted to and
approved by the Architectural Control Board. St. Augustine sodding and sprinkler system will be
required on all yards. Yard shall mean all the land within the property boundaries which is not paved and
the land between the property line and the back of curb of the roadway. Meandering sidewalks and street
trees shall be placed according to the approved subdivision construction plans.
5.20 Swimming Pools. Any swimming pool constructed on any Lot shall be subject to the
following restrictions, reservations, and conditions:
(a) On interior Lots, the outside edge of any pool shall be setback from the side and
rear Lot lines distances at least equal to the setbacks required for the residence on that Lot either by this
Declaration or by applicable zoning restrictions, whichever setback distance is greater. Corner Lots will
be reviewed by the Architectural Control Board on an individual basis.
(b) Pool screening must be approved in advance by the ACB.
(c) No overhead electrical wires shall cross the pool. All pool lights other than
underwater lights must be four (4) feet from the edge of the pool.
(d) The pool itself must be enclosed with a screen enclosure and otherwise protected
as required by applicable laws.
5.21 Antennas and Dishes. No exterior antennas, aerials, satellite dishes, or other apparatus
greater than one (1) meter in diameter for the transmission of television, radio, satellite, or other signals
shall be placed, allowed, or maintained upon any portion of a Lot. No short wave operations of any kind
shall operate from any Lot. Provided, however, the placement and location of antennas, aerials, satellite
dishes, or other apparatus that are less than or equal to one (1) meter in diameter shall be subject to
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reasonable restrictions of the Architectural Control Board and when feasible shall be placed out of view
from roadway.
5.22 Water Supply System. No individual water supply system shall be permitted on any Lot
without the approval of the Architectural Control Board. The above does not restrict the right of any
Owner to install, operate, and maintain a water well on the premises for use restricted to swimming pool
and/or irrigation purposes.
5.23 Air Conditioning Units. Gas Storage Tanks & Other Exterior Equipment. No gas storage
tank or air conditioning units, either central or wall type, shall be placed on the front of any Dwelling,
side yard of a corner lot or otherwise placed or located so as to be visible from any public street. All oil
tanks, soft water tanks, wood piles, water softeners, well pumps, sprinkler pumps, pool and spa equipment
and heaters, and other or similar mechanical fixtures and equipment, shall be placed on the front of any
Dwelling, side yard of a corner lot or otherwise placed or located so as to be visible from any public
street.
5.24 Waterfront Lots. Owners of Lots fronting retention ponds will not be permitted to
construct docks, floating or otherwise, boat davits, pier, or other structures in retention ponds. No
swimming or water skiing, and no boats in excess of eighteen feet (18') in length, will be permitted in
lakes or retention ponds and no gasoline (combustion) engines will be permitted. If docks on lakes
allowed by jurisdiction zoning codes, Owners of Lots shall have all dock structures into lakes approved
by ACB.
5.25 Conservation/Preserve Lots. Owners of Lots fronting preserve or conservation areas are
prohibited from dumping trash, debris, or landscape material of any kind whatsoever in said area or
otherwise disturbing the natural state of said areas. Owners are prohibited from constructing any
improvements or structures in said areas (e.g., walkway, fencing, or the like); clearing existing vegetation;
or otherwise altering the conservation/mitigative areas without the prior approval of any city, the County,
State of Florida and other applicable jurisdictional agencies requiring permit approval.
5.26 Increase in Insurance Rates. No Owner may take any action which will result in an
increase in the rate of any insurance policy or policies covering any portion of the Common Areas.
5.27 Casualties. In the event that improvements on a Lot, in whole or in part, are destroyed by
casualty or otherwise, or in the event any improvements upon the Common Areas are damaged or
destroyed by casualty or otherwise, the Owner thereof or the Association, as the case may be, shall
promptly clear all debris resulting therefrom and (subject to the duties and obligations of the Association)
commence either to rebuild or repair the damaged improvements in accordance with the terms and
provisions of this Declaration.
5.28 Yard Accessories and Play Structures. All yard accessories and play structures, including
basketball backboards, treehouses, and any other fixed games, shall be located in the rear yard of the
home (behind back wall of the home), except that, in the case of the home on corner Lots, such
accessories and structures shall be restricted to the side yard furthest from the side street and to that
portion of the rear yard which is no closer to the side street than a fence would be permitted. All yard
accessories and play structures on all Lots including side yard views on corner Lots shall be obstructed
from view at the street by a 6' solid fence and landscaping approved by the ACB. No permanent
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basketball poles or backboards are permitted. Portable basketball poles and backboards are allowed only
when in use and must otherwise be stored out of sight.
5.29 Tree Removal and Landscaping. Except by the Developer, trees measuring six inches
(6") or more in diameter at three feet (3') or more above ground level shall not be cut or removed without
the prior written consent of the ACB; provided, however, trees located within six feet (6') of the location
of the Dwelling as approved by the ACB may be removed without prior approval. More restrictive arbor
ordinances or environmental laws shall control in the event of conflict herewith. There shall be no
removal of trees or Lot clearing, other than clearing of underbrush, until the ACB has approved in writing
a general, conceptual landscape plan that designates those existing trees to be retained and preserved on
the Lot.
5.30 Conservation Areas or Tracts.
(a) Purpose. The purpose of this deed restriction over the Conservation Areas is to
prevent any use of the Conservation Areas that will impair or interfere with the environmental value of
these areas.
(b) Prohibited Uses. Any activity in or use of the Conservation Areas inconsistent with
the purpose of this deed restriction is prohibited. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited:
(i) Construction or placing buildings, roads, signs, billboards or other
advertising, utilities or other structures on or above the ground.
(ii) Dumping or placing soil or other substance or material as landfill or dumping
or placing of trash, waste or unsightly or offensive materials.
(iii) Removing, destroying or trimming trees, shrubs, or other vegetation.
(iv) Excavating, dredging or removing loam, peat, gravel, soil, rock or other
material substances in such a manner as to affect the surface.
(v) Surface use, except for purposes that permit the land or water area to remain
predominantly in its natural condition.
(vi) Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation.
(vii) Acts or uses detrimental to such retention of land or water areas.
(viii) Acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural, archaeological, or cultural
significance.
(c) Responsibilities. The Developer, its successors and assigns, shall be responsible for
the periodic removal of trash and other debris which may accumulate in the Conservation Areas.
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(d) Reserved Rights. Developer reserves unto itself, and its successors and assigns, all
rights accruing from its ownership of the Conservation Areas, including the right to engage in or permit or
invite others to engage in all uses of the Conservation Areas that are not expressly prohibited herein and
are not inconsistent with the purpose of this deed restriction.
(e) Rights of District. To accomplish the purposes stated herein, the Developer conveys
the following rights to the St. Johns River Water Management District (the District):
(i) To enter upon and inspect the Conservation Areas in a reasonable manner and
at reasonable times to determine if Developer or its successors and assigns are complying with the
covenants and prohibitions contained in this deed restriction.
(ii) To proceed at law or in equity to enforce the provisions of this deed
restriction over the Conservation Areas and the covenants set forth herein, to prevent the occurrence of
any of the prohibited activities set forth herein, and require the restoration of areas or features of the
Conservation Areas that may be damaged by any activity inconsistent with this deed restriction.
(f) District's Discretion. District may enforce the terms of the restrictions over the
Conservation Areas at its discretion, but if Developer breaches any term of these restrictions and the
District does not exercise its rights under this restriction, the District's forbearance shall not be construed
to be a waiver by the District of such term, or of any subsequent breach of the same, or any other term of
this deed restriction, or of any of the District's rights under this deed restriction. No delay or omission by
the District in the exercise of any right or remedy upon any breach by Developer shall impair such right
or remedy or be construed as a waiver. District shall not be obligated to Developer, or to any other person
or entity, to enforce the provisions of this deed restriction.
(g) District's Liability. Developer will assume all liability for any injury or damage to the
person or property of third parties which may occur in the Conservation Areas arising from Developer's
ownership of the Conservation Areas. Neither Developer, nor any person or entity claiming by or through
Developer, shall hold District liable for any damage or injury to person or personal property which may
occur in the Conservation Areas.
(h) Acts Beyond Developer's Control. Nothing contained in this deed restriction over the
Conservation Areas shall be construed to entitle District to bring any action against Developer for any
injury to or change in the Conservation Areas resulting from natural causes beyond Developer's control,
including, without limitation, fire, flood, drought, storm and earth movement, or from any necessary
action taken by Developer under emergency conditions to prevent, abate or mitigate significant injury to
the Conservation Areas or to persons resulting from such causes.
(i) Amendment. The provisions of this deed restriction over the Conservation Area may
not be amended without the prior written approval ofthe District.
U) Successors. The covenants, terms, conditions and restrictions of this deed restriction
over the Conservation Areas shall be binding upon, and inure to the benefit of the parties hereto and their
respective personal representatives, heirs, successors and assigns and shall continue as a servitude running
in perpetuity with the Conservation Areas.
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5.31 Developer Reservation. Any provisIOn of this Declaration to the contrary
notwithstanding, until Developer has completed all of the contemplated improvements and closed the
sales of all of the Lots, neither the Owners nor the Association shall interfere with the completion of
Developer's planned improvements and the sale of the Lots. Developer may make such lawful use of the
unsold Lots and the Common Property, without charge, as may facilitate such completion and sale,
including, but not limited to, maintenance of sales and construction trailers and offices, the showing ofthe
Lots and the display of signs and the use of Lots for vehicular parking. Without limiting the generality of
the foregoing, except only when the express provisions of this Declaration prohibit the Developer from
taking a particular action, nothing in this Declaration shall be understood or construed to prevent or
prohibit Developer from any of the following:
(a) Doing on any property owned by it whatever it determines to be necessary or
advisable in connection with the completion of the development of the Property, including without
limitation, the alteration of its construction plans and designs as Developer deems advisable in the course
of development (all models or sketches showing plans for future development of the Property, as same
may be expanded, may be modified by the Developer at any time and from time to time, without notice);
or
(b) Erecting, constructing and maintaining on any property owned or controlled by
Developer such structures as may be reasonably necessary for the conduct of its business of completing
said development and establishing the Property as a community and disposing of the same by sale, lease
or otherwise; or
(c) Conducting on any property owned or controlled by Developer, its business of
developing, subdividing, grading and constructing improvements in the Property and of disposing of Lots
therein by sale, lease or otherwise; or
(d) Determining in its sole discretion the nature of any type of improvements to be
initially constructed as part of the Property; or
(e) Maintaining such sign or signs on any property owned or controlled by
Developer as may be necessary or desired in connection with the operation of any Lots owned by
Developer or the sale, lease, marketing or operation of Lots; or
(f) Filing Supplemental Declarations which modify or amend this Declaration,
which add or withdraw Additional Property as provided in this Declaration, or otherwise limit or impair
the Developer from effecting any action which may be required of Developer by any city, the County, or
any other federal, state or local governmental or quasi-governmental agency in connection with the
development and continuing operation of the Property; or
(g) Modifying, changing, re-configuring, removing or otherwise altering any
improvements located on the Common Property or utilizing all or portions of the Common Property for
construction access or staging (provided that same does not impair existing access or utility services to the
Lots); or
(h) Causing utilities to be available to all portions of the Property, including, but not
limited, to the granting of easements and rights of way as may be necessary to locate, install and maintain
facilities and connections.
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5.32 Ramps. No skateboard or bicycle ramp or similar structure shall be permanently installed
or maintained overnight on any portion of any Lot located forward of the rear wall of the Dwelling or
adjacent to any side street.
5.33 Mailboxes. A mailbox installed by an Owner must be a U.S. Postal Service-approved
mailbox that also meets the requirements of the ACB.
5.34 Address Plaque. Each Owner shall maintain on his Lot a plaque containing the street
address of the Lot of a size and style approved by the ACB.
5.35 Yard and House Ornaments and Flags. Exterior sculpture, flags, and similar items,
including, but not limited to, the following: pink flamingoes or similar displays; landscape bolders; white
rocks (tan rocks are approved for mulch material under hedges); driveway lighting; stepping stones; bird
baths; water fountains; wall decorations such as family names; wall planters; and swings; must be
approved by the ACB; provided, however, that nothing herein shall prohibit the appropriate display of one
portable, removable United States flag in a respectful way, or the display in a respectful way on Armed
Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, of portable, removable official
flags, not larger than 4 1/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine
Corps, or Coast Guard. Holiday or religious decorations may be tastefully displayed (as determined by the
ACB) between December 1 and January 15.
5.36 Solar Collectors. Solar collectors shall not be permitted without the prior written consent of
the ACB. Any approval of the ACB shall require that the solar collectors be so located on the Lot that they
are not visible from any Street and that their visibility from surrounding Lots is restricted as much as
practical.
5.37 Reconstruction. Any repair, rebuilding, or reconstruction on account of casualty or other
damage to any Common Areas or any part or parts thereof shall be substantially in accordance with the
plans and specifications for such property and areas as originally constructed or with new plans and
specifications approved by the Architectural Control Board. Any repair, rebuilding, or reconstruction on
account of casualty or other damage to any improvements or any part or parts thereof shall be
substantially in accordance with the plans and specifications for such property and areas as originally
constructed or the new plans and specifications approved by the Architectural Control Board, including
but not limited to house design, construction materials, paint color schemes, shingle style and colors.
ARTICLE VI
ENFORCEMENT
6.1 Compliance by Owners. Every Owner shall comply with the easements, restrictions, and
covenants set forth herein and any and all rules and regulations which from time to time may be adopted
by the Board of Directors.
6.2 Enforcement. Failure of an Owner to comply with such easements, restrictions,
covenants, or rules and regulations shall be grounds for immediate action which may include, without
limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. The
Association shall have the right to suspend voting rights of defaulting Owners in accordance with this
Declaration and with applicable law. The offending Owner shall be responsible for all costs of
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enforcement, including reasonable attorneys' fees actually incurred and court costs. The Water
Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions
contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water or
Stormwater Management System.
6.3 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, or
employees, to comply with any covenant, restriction, rule or regulation, provided the following
procedures are adhered to:
(a) Notice. The Association shall notify the Owner of the alleged infraction or
infractions. Included in the notice shall be the date and time of a special meeting of a committee of the
Board at which time the Owner shall present reasons why penalties should not be imposed. At least
fourteen (14) days' advance notice of such meeting shall be given.
(b) Hearing. The alleged violation shall be presented to the committee of the Board,
after which that committee shall hear reasons why penalties should not be imposed. A written decision of
the committee shall be submitted to the Owner by not later than twenty-one (21) days after the meeting.
The Owner shall have a right to be represented by counsel and to cross-examine witnesses.
(c) Penalties. The committee of the Board may impose special assessments against
the Lot owned by the Owner as follows:
The committee may levy fines not to exceed $100.00 for each violation.
The fine may be levied for each day a continuing violation continues
(and no additional notice or hearing shall be required); provided,
however, the aggregate total fine for a violation shall not exceed
$5,000.00.
(d) Payment of Penalties. Fines shall be paid not later than five (5) days after notice
of the imposition or assessment ofthe penalties.
(e) Collection of Fines. Fines shall be treated as an Assessment subject to the
provisions for the collection of Assessments as set forth herein.
(f) Application of Penalties. All monies received from fines shall be allocated as
directed by the Board of Directors, subject always to the provisions of this Declaration.
(g) Non-Exclusive 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; provided, however, any penalty paid by the offending Owner shall be deducted from or offset
against any damages which the Association may otherwise be entitled to recover by law from such
Owner.
(h) Applicable Law. To the extent applicable law regulates the imposition of fines
by the Association, notwithstanding the procedures, restrictions, and other details prescribed above, the
Association's right to impose fines shall conform to, and this provision shall be deemed amended to
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conform to, applicable law; and the Association's right to impose fines shall be coextensive with the
maximum right permitted by the law.
ARTICLE VII
INSURANCE
7.1 Coverage. The Association shall maintain insurance covering the following:
(a) Casualty. All improvements located on the Common Areas from time to time,
together with any and all fixtures, building service equipment, personal property, and supplies
constituting the Common Areas or owned by the Association (collectively the "Insured Property"), which
shall be insured in an amount not less than one hundred percent (100%) of the full insurable replacement
value thereof, excluding foundation and excavation costs. Such policies may contain reasonable
deductible provisions as determined by the Board of Directors of the Association. Such coverage shall
afford protection against (I) loss or damage by fire and other hazards covered by a standard extended
coverage endorsement; and (ii) such other risks as from time to time are customarily covered with respect
to buildings and improvements similar to the Insured Property in construction, location and use,
including, but not limited to, vandalism, malicious mischief, and those covered by the standard "all risk"
endorsement.
(b) Liability . Comprehensive general public liability and automobile liability
insurance covering injury, loss, or damage resulting from accidents or occurrences on or about or in
connection with the Insured Property or adjoining driveways and walkways, or any work, matters or
things related to the Insured Property (including, but not limited to, liability arising from law suits related
to employment contracts to which the Association is a party), with such additional coverage as shall be
required by the Board of Directors of the Association, but with combined single limit liability of not less
than $1,000,000.00 for each accident or occurrence, $100,000.00 per person and $50,000.00 property
damage, and with a cross liability endorsement to cover liabilities of the Owners as a group to any Owner,
and vice versa.
(c) Flood Insurance. Flood insurance covering the Insured Property shall be
maintained by the Association if the Development is in a special flood hazard area or if the Association so
elects. The amount of flood insurance shall be the lesser of: (I) 100% of the current replacement cost of
the Insured Property; or (ii) the maximum coverage available for the Insured Property under the National
Flood Insurance Program.
(d) Fidelity Insurance or Bonds. Naming the Association as obligee and covering all
directors, officers, and employees of the Association shall be maintained by the Association in amount
which is the greater of $10,000.00 or the maximum amount of funds that will be in custody of the
Association at any time while the bond is in force; notwithstanding the foregoing sentence, however, such
fidelity insurance or bond shall not be for an amount less than the sum of three (3) months assessments on
all Units and Lots, plus the Association's reserve funds for each person so insured or bonded.
(e) Other Insurance. The Association may also maintain worker's compensation or
such other insurance as the Board may determine from time to time including officers' and directors'
liability insurance.
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Every casualty policy obtained by the Association shall have the following endorsements: (I)
agreed amount and inflation guard, (ii) steam boiler coverage (providing at least $50,000.00 coverage for
each accident at each location), if applicable, and (iii) an appropriate endorsement covering the costs of
changes to undamaged portions of the improvements (even when only a portion thereof is damaged by an
insured hazard) if any applicable construction code requires such changes.
7.2 Additional Provisions. All policies of insurance and fidelity bonds shall provide that
such policies and bonds may not be canceled or substantially modified without at least thirty (30) days
prior written notice to all of the named insureds, including all mortgages of Units and Lots, including
each service that services a Federal National Mortgage Association owned mortgage encumbering a Unit
and Lot located in the Development.
7.3 Premiums. Premiums upon insurance policies purchased by the Association shall be paid
by the Association as a common expense, except that the amount of increase in the premium occasioned
by misuse, occupancy, or abandonment of anyone or any other action or omission of, particular Owners
shall be assessed against and paid by such Owners. Premiums may be financed in such manner as the
Board of Directors deems appropriate.
ARTICLE VIII
NOTICES
8.1 Notices to Member or Owner. In addition to such other manners for providing notice as
are permitted or prescribed in this Declaration, the Bylaws, or the Articles of Incorporation, any notice
required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to
have been sent when personally delivered or mailed, postage-paid, to the last known address of the person
who appears as Member or Owner on the records of the Association at the time of such mailing.
ARTICLE IX
STANDARD DEVELOPMENT AND ANNEXATION
9.3 Annexation of Additional Property. At any time while there is Class B Membership, the
Developer, in its sole discretion, may subject or cause to be subjected, other real property to the lien and
scope of this Declaration ("Additional Property"). Additional Property may be subjected hereto by a
recitation to that effect in a supplemental declaration which need be executed only by the Developer and
the owner of such real property (if not the Developer) and shall be effective upon the recording of the
supplemental declaration in the Public Records of the County. The joinder, execution, or consent of the
Association or any Owners shall not be required. The supplemental declaration shall describe the real
property which is being made subject to the lien and scope of this Declaration and shall contain such other
terms and provisions as the Developer deems proper. Upon the recording of a supplemental declaration
adding Additional Property to the lien and scope of this Declaration, the Additional Property described
therein shall be owned, held, sold, conveyed, leased, mortgaged, and otherwise dealt with, subject to the
easements, covenants, conditions, restrictions, liens, terms and provisions contained in this Declaration
and shall be considered "Property" as fully as though originally designated herein as Property. After the
time that Class B Membership ceases to exist, the Association shall have all of the foregoing rights to add
Additional Property, except that such rights may be exercised only upon the affirmative vote of seventy-
five percent (75%) of the Members. Such annexation shall otherwise be accomplished as set forth above
for annexations by the Developer, shall have the same affect and shall become effective upon the
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recording of an amendment to this Declaration evidencing the annexation in the Public Records of the
County .
9.4 Platting. As long as there is a Class B membership, the Developer shall be entitled at any
time and from time to time, to plat and/or replat all or any part of the Property and to file subdivision
restrictions and/or amendments thereto with respect to any undeveloped portion or portions of the
Property or Development without the consent or approval of an Owner.
9.5 Amendment. The provisions of this Article IX cannot be amended without the written
consent of the Developer, and any amendment of this Article IX without the written consent of the
Developer shall be deemed null and void.
ARTICLE X
PARTY WALLS AND OTHER SHARED STRUCTURES
10.1 Definition of Party Wall. Each wall, including patio walls, fence, driveway or similar
structure which is built as part of the original construction of the homes upon the Property and placed on
the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the
provisions of this Article, the general rules of law regarding party walls and liability for property damage
due to negligence or willful acts or omissions shall apply thereto.
10.2 Sharing of Costs of Maintenance. The cost of reasonable repair and maintenance of a
party wall shall be shared by the adjoining Owners of such wall in proportion to the use thereof, without
prejudice, however, to the right of any Owner to call for a larger contribution from the adjoining Owner
under any rule of law regarding liability for negligent or willful acts or omissions.
10.3. Destruction of a Party Wall. If a party wall is destroyed or damaged by fire or other
casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of
the wall, they shall contribute to the cost of restoration thereof in proportion to such use without
prejudice, however, to the right of any such Owners to call for a larger contribution from the others under
any rule of law regarding liability for negligent or willful acts or omissions.
10.4 Liability for Negligent or Willful Acts. Notwithstanding any other provision of this Article,
an Owner, who, by his negligent or willful act, causes any party wall to be exposed to the elements shall
bear the whole cost of furnishing the necessary protection against such elements.
10.5 Right of Contribution Runs With the Land. The right of any Owner to contribution from
any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's
successors in title.
10.6 Restriction on Improvements to Party Wall. In addition to meeting the Owner requirements
of this Declaration and of any building code or similar regulations or ordinances, any Owner proposing to
modify, make additions to or rebuild in any manner which requires the extension or other alteration of any
party wall, shall first obtain the written consent of the adjoining Owner.
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10.7 Resolution of Disputes Between Owners as to Party Walls. In the event of a dispute
between the Owners with respect to the repair or rebuilding of a party wall or with respect to the sharing
of the cost thereof, then, upon written request of one such Owner addressed to the Association, the matter
shall be submitted to arbitration under such rules as may from time to time be adopted by the Association.
If no such rules have been adopted, then the matter shall be submitted to three arbitrators, one chosen by
each of the Owners and the third by the two so chosen, or, if the arbitrators cannot agree as to the
selection of the third arbitrator within five (5) days, then by any Judge of the Circuit Court of Seminole
County, Florida. A determination ofthe matter signed by any two of the three arbitrators shall be binding
upon the Owners, who shall share the cost of arbitration equally. In the event one party fails to choose an
arbitrator within ten (10) days after personal receipt of a request in writing for arbitration from the other
party, then the other party shall have the right and power to choose both arbitrators.
10.8 Binding Effect. These covenants contained in this Article VII shall be binding upon the
heirs and assigns of any Owners but no person shall be liable for any act or omission respecting any party
wall except such as took place while an Owner.
10.9 Rules and Regulations. The Association may by its By-Laws, rules or regulations, govern
the use of party walls by Owners, if necessary, to prevent the imposition of annoyances between Owners.
ARTICLE XI
GENERAL PROVISIONS
11.1 Duration. The easements, conditions, covenants, and restrictions of this Declaration shall
run with and bind the Property, and shall inure to the benefit of and be enforceable by the Developer, the
Association, the Architectural Control Board, and the Owner of any land subject to this Declaration, and
their respective legal representatives, heirs, successors, and assigns, for a term of ninety-nine (99) years
from the date this Declaration is recorded, after which time said 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 this
Declaration. 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 such 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.
11.2 Association Powers. The Association shall have all powers of a corporation not-for-
profit set forth in Chapter 617, Florida Statutes.
11.3 Enforcement. Enforcement of these easements, conditions, covenants, and restrictions
shall be accomplished by either the Developer, the Association, or any Owner by any proceeding at law
or in equity against any person or persons violating or attempting to violate any covenants or restriction,
either to restrain violation or to recover damages, and against the Lots to enforce any lien created by these
covenants; and failure by the Developer, 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. Court
costs and reasonable attorneys' fees for a proceeding at law or in equity to enforce this Declaration,
including any appeal thereof, shall be borne by the Owner( s) against whom the suit has been filed. In
addition to all remedies expressly provided in this Declaration, the Developer and the Association shall
have the right to enforce this Declaration by all remedies (including without implied limitation the
imposition of fines and penalties) that may be permitted in 617.301 et~, Florida Statutes, as amended;
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and this Declaration shall be deemed to include all procedures and conditions prescribed by those statutes
for the exercise of the statutory remedies.
11.3 Severability. Invalidation of anyone 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 of applications in other circumstances, all of which shall remain in
full force and effect.
11.4 Amendment. Except in the case of the Developer's annexation of Additional Property
as provided for in Section 9.3 above, the covenants, restrictions, easements, conditions, charges, and liens
of this Declaration may only be amended, changed, or supplemented by approval at a meeting of Owners
holding not less than seventy-five percent (75%) of the votes of the membership in the Association;
provided, however, that so long as the Developer or its affiliates is the Owner of any Lot affected by this
Declaration the Developer's consent must be obtained if such amendment, in the sole opinion of the
Developer, affects Developer's interest. In the event MIl HOMES OF ORLANDO, LLC., is not the
Developer, no amendment may be made which, in the opinion of Mil HOMES OF ORLANDO, LLC,
adversely affects its interest, without its consent. Further, no provision of this Declaration may be
amended if such provision is required to be included herein by any law. The foregoing three (3)
sentences may not be amended. Any amendment to the Covenants and Restrictions which alter any
provision relating to the Surface Water or Stormwater Management System, beyond maintenance in its
original condition, including the water management portion of the Common Areas, or that affects any
conservation easement, must have the prior approval of the Water Management District.
The Developer shall have the right at any time within six (6) years from the date hereof to amend
this Declaration to correct scrivener's errors and to clarify any ambiguities determined to exist herein. No
amendment shall impair or prejudice rights or priorities of any Institutional Lender without their written
consent.
11.5 Effective Date. This Declaration shall become effective when recorded in the Public
Records of the County.
11.6 Withdrawal. The Developer reserves the right to amend this Declaration at any time,
without prior notice and without the consent of any person or entity, for the purpose of removing certain
portions of the Property then owned by the Developer or its affiliates or the Association from the
provisions ofthis Declaration to the extent included originally in error or as a result of reasonable changes
in the plans for the Property desired to be effected by the Developer.
11.7 Conflicts. 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.
11.8 Standards for Consent. Approval. Completion. Other Action and Interpretation. Unless
otherwise provided herein, whenever this Declaration shall require the consent, approval, completion,
substantial completion, or other action by the Developer or its affiliates, the Association or the
Architectural Control Board, such consent, approval or action may be withheld in the sole and unfettered
discretion of the party requested to give such consent or approval or take such action, and all matters
required to be completed or substantially completed when such matters have been completed or
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substantially completed in the reasonable opinion of the Developer or Association, as appropriate. This
Declaration shall be interpreted by the Board of Directors and an opinion of counsel to the Association
rendered in good faith, provided that the particular interpretation is not unreasonable, shall establish the
validity of such interpretation.
11.9 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 such 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
such intended grantee for the purpose of allowing the original party or parties to whom the easements
were originally intended to have been granted the benefit of such easement and the Owners designate
hereby the Developer and the Association (or either of them as their lawful attorney-in-fact) to execute
any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose
of later creating such easement as it was intended to have been created herein. Formal language of grant
or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement
provisions hereof to the extent not so recited in some or all of such provisions.
11.10 Covenants Running With the Land. Anything to the contrary herein notwithstanding, 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 Property. If
any provision or application of this Declaration would prevent this Declaration from running with the
land as aforesaid, such provision and/or application shall be judicially modified, if at all possible, to come
as close as possible to the intent of such 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 such provision and/or application
cannot be so modified, such 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 aforesaid) be achieved.
11.11 Management Contract. At such time as it sees fit, the Association is hereby authorized to
enter into an agreement with a management company (which may be an affiliate of the Developer) to
provide for the management and maintenance of the Property, in which case each Owner shall be assessed
for his Lot's share of the management fees, in accordance with the assessment provisions contained in this
Declaration.
Signature on Following Page
31
C:IDocuments and SettingslkandersonlMy DocumentslRiverviewlDeclaration v2 by kha (3).doc
EXECUTED as of the date first above written.
Signed, sealed and delivered
in ilie presenc~: Mil HOMES OF ORLANDO, LLC
~r/ U /Iv rll s By: fJ tlllM A p(,~,4t
Print Name: 6" 12 . L It. Dana A. Bennett
t/iftj~ft ~ Regional President
PrmtName: J V ' '. ~
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged b~re me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, this 12! ay of $'" ~ 2007 , by Dana A.
Bennett, as Regional President of MIl Homes of Orlando, LLC, a Florida limited liability company,
executing the foregoing instrument on behalf of ~ limited liability company, freely and voluntarily and
for the purposes stated herein. He is (a) _ personally known to me or (b) _ produced
as identification.
WITNESS my hand and official seal in the County and State aforesaid this J.z!!:... day of .... -;;;;;€
,20~.
NOTARY PUBLIC
Si nature:
NOTARY I'UBUC S d M Print Name: 5A.AJb~ ~A"Q5
ft an ra . Caballo.
Commission # 00615175 Notary Public, State of lorida
. I Expire. December 28, 2010 My Commission Expires:
~t O~IDA IloIIded Troy F.1n InsUIIllal, Inc 800031507019
32
C:IDocuments and SettingslkandersonlMy DocumentslRiverviewlDeclaration v2 by kha (3).doc
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
33
C:IDocuments and SettingslkandersonlMy DocumentslRiverviewlDeclaration v2 by kha (3 ).doc
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EXHIBIT "B"
ARTICLES OF INCORPORATION
[See attached]
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C:IDocuments and SettingslkandersonlMy DocumentslRiverviewlDeclaration v2 by kha (3).doc
EXHIBIT 'B' ., 407 647 8541 P.OO2/011
APR-23-Z007 11:17
,
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~
ARTICLES OF INCORPORATION
OF
RlVERVIEW TOWNHOME OWNERS ASSOCIA TION, L~C.
A Florida Corporation Not For Profit
The undersigned incorporator. a resident of the State of Florida and offulJ age. hereby makes.
subscribes. acknowledges and files with the Department of State of the State of Florida these Articles
of Incorporation for the purpose offorming a corporation not for profit under the laws of the State of
Florida.
ARTICLE [
NAME
The name of this corporation is' RIVERVIEW TOWNHOME OWNERS
ASSOCIATION, INC., a Florida corporation Dot for profit. (hereinafter called the "Association").
ARTICLE. U
OFFICE AND REGISTERED AGENT
This Association's principal office.is 300 Colonial Center Parkway, Suite 200. Lake Mary,
Florida 32746, and its registered agent and office is Coldwell Banker Commercial NRT. 90 IN. ~c
Destinv Dr. Maitland....fL 3275]. Both this Association's principal office and registered agent may
be changed from time to time by the Board of Directors as provided by law.
ARTICLE fir
PURPOSE
This Association does not contemplate pecuniary gain or profit to its members and the
specific pu:rposes for which it is fonned are to p.rovide for the mamtenance, preservation and
architectw"a.l control of all common areas and other residence lots within that certain tract of property
(hereinafter called the "Property"') in Seminole COWlty. Florida. being more particularly described in
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I the Declaration (defined below). and any other property brought within the jurisdiction of the
Association pursuant to the Declaration.
ARTICLE lV
POWERS
Without limitation this Association is empowered to:
(a) Declaration. Exercise all rights, powers~ privileges and perform all duties, of this
Association set forth in that certain Declaration of Easements, Covenants, Conditions, and
Restrictions for Riverview Townhomes (hereinafter called the "Declaration"') applicable to
the Property and to be recorded in the Public Records of Seminole County, Florida and as the
same may be amended from time to time as 'therein provided. said Declaration being
incorporated herein as if set forth. in full, including, without limitation. the power to sue and
be sued.
(b) PropertY. In any lawful manner, acquire~ own. hold. improve, manage, operate,
maintain. repair, replace, operate, convey, sell.leasc. tranSfer. assign, and otherwise dispose
..-
of propeny of any oatute whatsoever, real, personal, or mixe~ tangible or intangible, in
connection with this Association's affairs. subject to any limitations set forth in the
Declaration and the By.La.ws ofthc Association.
(c) SeIvice and Maintenance ContraCts. Enter into contracts with third parties to pTovide I
operation and maintenance services to the Association and the'Common Area. I
(d) Assessments. Fix, levy. collect, and enforce by any lawful means all charges or
assessments established by, or pursuant to. the Declaration; and to use and expend the
proceeds of assessments in the exercise of its powers and duties hereunder.
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(e) Costs. Pay all costs, expenses, and obligations lawfully incurred in connection with
this Association's affairs including. without limitation, all licenses. taxes. or other
iovemmental charges levied or imposed against this Association's property.
(t) Borrowing. Borrow money and, with the approval of two-thirds of each class of
members,. mortgage, pledge. deed in trust, hypothecate, assign, grant security interests in, or
otherwise transfer any or all of its property as security for money borrowed, debts incurred,
or any of its other obligations.
(g) Dedications. With the affinnative vote of seventy-five percent (75%) of the
members. dedicate, sell or transfer all or any part of its property to any public agency,
. . .. ,
authority. or utility for such purposes, and subject to such conditions, as seventy-five percent
, : "; .:
(75%) of the members (by vote) detennine.
(h) Mcr~ers. With the approval of two-thinis (2/3) of the members, participate in
~ ~! . . .' . ..
mergers and consolidations with other non-profit corporations ocganized for similar
. .
purposes.
,.
(i) Rules. From time to time adopt. alter. amend, rescind, and enforce reasonable rules
and regulations governing the use of the Lots. Common Area. and any Association property
consistent with the rights and duties established by the DeclCU'ation and these Articles.
0> General. Have and exercise all common law rights, powers, and privileges and those
that a corporation not for profit may now or hereafter have or exercise under the laws of the
State of Florida, together with aU other righ~ powers~ and privileges reasonably to be
implied from the existence of any right. power. Of privilege so granted. or granted by the
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Declaration or these Articles. or reasonably necessary to effectuate the exercise of any right,
power, or privilege so granted.
(k) Enforcement. .Enforce by legal means the obligations of the members of [he
corporation~ the provisions of the Declaration. and the provisions of a dedication or
conveyance of the Association property to' the corporation with respect to the use and
maintenance thereof.
(1) Drainage System. Operate, maintain and manage the surface water or stormwater
management system(s) in a manner consistent with the requirements of the St. Johns River
Water Management District permit issued by the District and with applicable District rules,
I and assist in the enforcement of the Declaration of Covenants and Restrictions which relate
to the surface water or stormwater management system. The Association shall levy and
. collect. adequate assessments against members. of the Association for the costs of.
. maintenance and operation of the surface water or stormwatet m<Ul.a8cment system.
ARTICLE V
MEMBERSHIP
, .
Every person who from time to time holds the record fee simple title to, or any undivided fee
simple interest in. any Lot that is subject to the provisions of the Declaration is a member of this
Association, including contract sellers, but excluding all other persons who hold any interest in any
Lot merely as security for the performance of an obligation. An Owner of more than one Lot is
entitled to one membership for each Lot owned. Membership is appurtenant to, and may not be
separated from, ownel'Smp of at least one Lot that is subject to the provisions of the Declaration, and
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membership may not be transferred other than by transfer of title to such Lot. Each..membership is
transferred automatically by conveyance of title of 8 Lot.
ARTICLE VI
VOTING RIGHTS
The Association shall have two classes of voting membership:
Ct~A. Class A members shall be all Owners.. with the exception of the Developer (as
defined in the Declaration), and shaH 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 tor
such Lot shall be exercised as they determine, but in no event shall more than one vote be
cast with respect to any Lot
I Class B. The Class Bmember shalt be the Developer ( as defined in the Declaration),
I
..'
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 oftbc following events,
whichever occurs earlier:
(8) when the total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership~
(b) on the anniversary date seven (7) years from the date when the first Lot is conveyed
to an individual purchaser; or
(c) At the ele<:tion of the Developer evidenced by a written waiver.
ARTICLE vn
BOARD OF DIRECTORS
Section 1. This Association's affairs are managed by a Board of Directors initially
composed of three (3) Directors. The number of Directors from time to time may be changed by
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amendment to this Asscciation's By-Laws, but at all times it must be an odd number of three (3) or
more but not to exceed five (5). The Directors named below (Initial Directors) shall serve until this
I Association's first annual meeting. the dare tbr which shall be set by the Initial Directors. The term
I
of office for all Directors, with the exception of the Initial Directors, is one year. Before any such
annual meeting. all vacancies occurring on the Board of Directors. if any. will be filled by majority
vote of the remaining Directors, even if less than a quorum.. Any Director may succeed himself or
herself in office. All Directors wiU be elected by secret written ballot. Each member may cast as
many votes for each vacaru;yas such member has; and the person receiving the largest number of
votes cast for each vacancy i$ electt:d. Cumulative voting is not permitted. Directors need not be
Assoc::iation members. Other provisions pertaining to the nomination, election, voting and the
noticing and scheduling of meetings for the election of Directors are set forth in this Association's
Bylaws.
Section 2. The names and addresses of the persons who will serve as Directors until their
successors have been duly elected and qualify, unless they soona die. resign, or are removed, are:
Eric K. Wi lis
300 Colonial Center Parkway. Suite 200
Lake Mat'}', Florida 32746
Katherine H. Anderson
300 Colonial Center Parkway. Suite 200
Lake Mary. Florida 32746
CoUeen Maguire
300 Colonial Center Parkway, Suite 200
Lake Mal)'. Florida 32746
Section 3. Every Director shall be indemnified by this Association against all expenses
and liabilities, including attorney fees (at all trial and appellate levels) reasonably incWTed by.
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I asserted against. or imposed upon him in connection with any proceeding, litigation. or sen1<:mcnt in
which he may become involved by reason orms being or having been a Dircctor oftbis Association.
or arising in connection with the perfonnancc ofbis duties as a Director. The foregoing provisions
for indemnification !lhall apply whether or not he is a Director at the time such expenses are incurred.
I Notwithstanding the above. in instances where a Director admits or is adjudged guilty of willful
I
misfeasance or malfeasance in the performance ofms duties, or of any involving criminal liability,
the indemnification provisions of these Articles shall not apply. Otherwise. the foregoing rights to
indemnification shall be in addition to and not exclusive of any and aU rights of indemnification to
which a Director may be entitled whether by statute Or common law.
ARTICLE vm
INCORPORATOR
'.
The nmne and address of the incorporator is:
Eric K. WiUs
300 Colonial Ceoter Parkway, Suite 200
Lake Mary, Florida 32746
ARTICLE IX
DISSOLUTION
This Association may be dissolved in the manner from time to time provided by the laws of
the State of Florida and with the assent given in writing and signed by not less than two-thirds (213)
of each class ofmcmbers. Upon dissolution of this Association in any manner other than incident to
a merger or consolidation.. aU of this Association's assets must be dedicated to an appropriate public
agency to be used for purposes similar to those for which this Association was created. If dedication
is refused, such assets must be granted, conveyed. and assigned to any nonprofit corporation.
association. trust. or other organization to be devoted to such similar pmposes. In no event. however
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I may any assets inure to the benefit of any member or other private individual. In the event of
. termination. dissolution or final liquidation of the Association, the responsibility for the operation
and maintenance of the Surface Water or Storm Water Management System must be transferred to
and accepted by an entity which would comply with Section 4OC-42.027. F.A.C., and approved by I
I
the St. Johns River Water Management District prior to such rennination. dissolution or liquidation. i
ARTICLe x
DURATION
Existence of the Association shall commence with the filing of these Articles of
Incorporation with the Secretary of State. Tallahassee. Florida. The Association shall exist in
perpetuity .
ARTICLE XI
BY-LAWS
. ..
This Association's By-Laws initially will be adopted by the Board of Directors. Thereafter.
I .'
I the By-Laws may be altered, amended. or rescinded with the approval of seventy-five percent (75%)
of each class of members. except as to those provis.ions for amendment to the By-Laws which are
[' provided in the Declaration or any Supplemental Declaration in which case those provisions shall
! control such amendments.
I
, ARTICLE XII
I
I AMENDMENTS
I .
Amendments to these Articles may be proposed and adopted in the manner from time to time
provided by the laws of the State of Florida, provided that each such amendment must have the
approval in writing of two-tbirds (213) of all Lot Owners. except as to those provisions for
,
I
I
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amendment to the By- L:lwS which are provided in the Declaration or any Supplemental Declaration
in which case those provisions shall control such amendments.
ARTICLE XIII
INTERPRETATION
Express reference is made to'the Declaration where necessary to interpret, construe, and
clarify the provisions of the Articles. Without limitations, all tenns defined in the Declaration have
the same meaning where used in these Articles. By subscribing and. filing these Articles. the
incorporators intend its provisions to be consistent with the provisions of the Declaration and to be
interpreted, construed. and applied with those of the Declaration to avoid inconsistencies or
conflicting results.
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of
the State of Florida. I, the undersigned, constituting .the incorporator of this Association, have
executed these Articles of Incorporation this --211- day of
I
I
STATE OF \="Io...j J.-.
COUNTYOF S~_-'~~a
The foregoing instrument was acknowledged befOre me this b 'h day of pP,..; , ,
~ric K. Wills, as the incorporator of Riverview Townhome Owners Association, Inc. He is
~ known to me or has produced as identification.
. ~'~ -p---
NaIIry~SlIteofFICIndll ary Ii~
~, JennlferTom riDt N e:s"" .,j ~r T. ~
'7:.) ~~~ My Commission No.: ~ () &:) ~ go ~ .;lL..j
!III l My Commission Expires: &" Z 3/2.oI~
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. .:-.
CER11FICA TE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR
THE SERVICE OF PROCESS WITHIN THE STATE OF FLORIDA AND NAMING I
mE REGISTERED AGENT UPON WHOM PROCESS MAYBE SERVED. I
I
I
RIVERVIEW TOWNHOME OWNERS AS SOCIA TYON, INC., desiring to organize under I
the laws of the State of Florida, as a corporation not for profit with its principal office, as indicated in
its Articles ofIncorporation, at 300 Colonial Center Parkway, Suite ZOO, Lake Mary. Florida 32746.
has named Coldwell Banker Commercial l'{RT. 901 N. Lake De.<ttiny Dr. Maitland. FL 32751. as its
rcgistcted agent to accept service of process within Florida.
ACCEPTANCE
Having been named to accept service of process for the foregoing corporation at the place
I designated in this certificate, J hereby agree to act in this capacity. and 1 further agree to comply with
I the provisions of all statutes, including the duties and obligations imposed by Section 607.0505,
I relative to the proper and complete performance of my duties.
10
(((H070001076583)))
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a I certify from the records of this office that RIVERVIEW TOWNHOME OWNERS .
I ASSOCIATION, INC. is a corporation organized under the laws of the State ~
of Florida, filed on April 23, 2007. ~
The document number of this corporation is N07000004103. B
a I further certify that said corporation has paid all fees due this office B
a through December 31, 2007, and its status is active. ~
~ I further certify that said corporation has not filed Articles of ~
~ Dissolution. ~
~ I further certify that this is an electronically transmitted certificate ~
~ authorized by section 15.16, Florida Statutes, and authenticated by the ~
a code, 607A00027680-042407-N07000004103-1/1, noted below. a
I Authentication Code, 607A000276,80-042407-N07000004103-1/1 I
a a
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itIi Given under my hand and the
~ Great Seal of the State of Florida,
~ at Tallahassee, the Capital, this the
~ Twenty-fourth day of April, 2007
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~ I certify the attached is a true and correct copy of the Articles of a
~ Incorporation of RIVERVIEW TOWNBOME OWNERS ASSOCIATION, INC., a Florida a
corporation, filed on April 23, 2007, as shown by the records of this
office. a
~ I further certify the document was electronically received under FAX aUdit~
number 807000107658. This certificate is issued in accordance with
~ section 15.16, Florida Statutes, and authenticated by the code noted below~
~ The document number of this corporation is N07000004103. ~
:Site:
~ Authentication Code: 607A00027680-042407-N07000004103-1/1 ~
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Great Seal of the State of Florida,
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Twenty-fourth day of April, 2007
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850-2Uo:"'0381 - 4724720U'/1l:71O -PAG.t-0037003 -rlorida-lJept orstate
April 24, 2007 FLORIDA DEPARTMENT OF STATE
DlVlsion of Corporations
RlVERVIEW TOWNHOME OWNERS ASSOCIATION, INC.
300 COLONIAL CENTER PARKWAY SUITE 200
LAKE MARY, FL 32746
The Articles of Incorporation for RlVERVIEW TOWNHOME OWNERS ASSOCIATION,
INC. were filed on April 23, 2007, and assigned document number
N07000004103. Please refer to this number whenever corresponding with
this office.
Enclosed is the certification requested. To be official, the
certification for a certified copy must be attached to the original
document that was electronically submitted and filed under FAX audit
number H07000107658.
A corporation annual report/uniform business report will be due this
office between January 1 and May 1 of the year following the calendar year
of the file/effective date year. A Federal Employer Identification (FEI)
number will be required before this report can be filed. Please apply NOW
with the Internal Revenue Service by calling 1-800-829-3676 and requesting
form SS-4 or by going to their website at www.irs.ustreas.gov.
Please be aware if the corporate address changes, it is the responsibility
of the corporation to notify this office.
Should you have questions regarding corporations, please contact this
office at the address given below.
Justin M Shivers
Document Specialist
New Filings Section
Division of Corporations Letter Number: 607AOO027680
P.O BOX 6327 - Tallahassee, Flonda 32314
EXHIBIT "C"
BYLA WS
[See attached]
35
C:IDocuments and SettingslkandersonlMy DocumentslRiverviewlDeclaration v2 by kha (3).doc
EXHIBIT 'C'
BYLA WS
OF
RIVERVIEW TOWNHOME OWNERS ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
The name of the corporation is Riverview Townhome Owners Association, Inc., (the
"Association"). The principal office of the corporation shall be located at 300 Colonial Center
Parkway, Suite 200, Lake Mary, FL 32746, or at such other place as is designated by the Board of
Directors of the Association (the "Board"), but meetings of members and directors may be held at
such places within or without the State of Florida as may be designated by the Board.
ARTICLE II
DEFINITIONS
The definitions as set out in the Declaration of Covenants, Conditions and Restrictions of
Riverview Townhomes (the "Declaration") are hereby incorporated by reference.
ARTICLE III
MEETINGS OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the members shall be
determined by the Board of Directors and each subsequent regular annual meeting of the members
shall be held on the same day of the same month of each year thereafter. If the day for the annual
meeting ofthe members is a legal holiday, the meeting will be held at the same hour on the first day
following which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the members may be called at any
time by the president or by the Board, or after the first annual meeting, upon written request of the
members who are entitled to vote one-fourth (1/4) of all of the total voting interests of the
Association.
Section 3. Notice of Meetings. Written notice of each meeting of the members shall be
given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a
copy of such notice, postage prepaid, at least fifteen (l5) days before such meeting to each member
entitled to vote thereat, addressed to the member's address last appearing on the books of the
Association, or supplied by such member to the Association for the purpose of notice. Such notice
shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the
purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members entitled to cast, or of
limited proxies entitled to cast, thirty percent (30%) ofthe total voting interests of the Association
shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation
ofRiverview Townhome Owners Association, Inc. (the "Articles"), the Declaration, or these Bylaws.
If, however, such quorum shall not be present or represented at any meeting, the members entitled to
vote thereat shall have the power to adjourn the meeting from time to time, without notice other than
announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Unless
otherwise provided in these Bylaws, Articles or Declaration, decisions shall be made by a majority of
the voting interests represented at a meeting at which a quorum is present.
Section 5. Proxies. At all meetings of members, each member may vote in person
or by limited proxy. All proxies shall be in writing and filed with the secretary. To be valid, a proxy
must state the date, time, and place of the meeting for which it was given, and must be signed by the
authorized person who executed the proxy. Every proxy shall be effective only for the specific
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meeting for which originally given, as the meeting may be lawfully adjourned and reconvened from
time to time, and automatically expires 90 days after the date of the meeting for which it was
originally given. A proxy is revocable at any time at the pleasure of the homeowner who executes it.
Limited proxies may also be used for votes taken to amend the Articles or Bylaws or for any matter
that requires or permits a votes of the homeowners.
ARTICLE IV
TERM AND REMOV AL OF DIRECTORS
Section l. Number. The affairs of this Association shall be managed by an initial board
of three (3) directors. Thereafter the Board of Directors shall consist of at least three (3) members.
Section 2. Term of Office. The term of office for all directors is one (1) year. The Initial
Directors of the Association set forth in the Articles shall hold office until the first annual meeting.
Section 3. Removal. Any director may be removed from the Board, with or without
cause, by a majority vote ofthe members of the Association. In the event of death, resignation or
removal of a director, his successor shall be selected by the remaining members of the Board and
shall serve for the unexpired term of his predecessor.
Section 4. Compensation. No director shall receive compensation for any service he may
render to the Association. However, any director may be reimbursed for his actual expenses incurred
in the performance of his duties.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section l. Nomination. Nomination for election to the Board of Directors shall be made
by a Nominating Committee. Nominations may also be made from the floor at the annual meeting.
The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of
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Directors, and two or more members of the Association. The Nominating Committee shall be
appointed by the Board of Directors prior to each annual meeting of the members, to serve from the
close of such annual meeting until the close of the next annual meeting and such appointment shall
be announced at each annual meeting. The Nominating Committee shall make as many nominations
for election to the Board of Directors as it shall in its discretion determine, but not less than the
number of vacancies that are to be filled. Additionally, any member of the Association may
nominate himself or herself as a candidate for election to the Board at a meeting where the election is
to be held. Such nominations may be made from among members or non-members.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot.
At such election the members or their proxies may cast, in respect to each vacancy, as many votes as
they are entitled to exercise under the provisions of the Declaration. The persons receiving the
largest number of votes shall be elected. Cumulative voting is not permitted.
Section 3. Use of ProXY. For election of members of the Board of Directors, members of
the Association shall vote in person at a meeting of the homeowners or by a ballot that the
homeowner personally casts.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Meetings. Meetings of the Board of Directors shall be on a regular basis, with
the exception of the Initial Directors, at such place and hour as may be fixed from time to time by
Resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be
held at the same time on the next day which is not a legal holiday.
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Section 2. Special Meeting. Special meetings of the Board of Directors shall be held
when called by any two directors, after not less than three (3) days notice to each director, or after the
first annual meeting, when called by at lease ten percent (l 0%) of the total voting interests of the
Association. Notice of a special meeting must include a description ofthe purpose or purposes for
which the meeting is called. Business conducted at any such special meeting is limited to the
purposes described in the notice of the meeting.
Section 3. Quorum. A majority of the number of directors shall constitute a quorum for
the transaction of business. Every act or decision done or made by a majority of the directors present
at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
Section 4. Action Without a Meeting. Any action which may be required or permitted to
be taken at a meeting of the Board of Directors may be taken without a meeting if a consent in
writing, setting forth the action so taken is signed by all the members of the Board of Directors; such
consent shall be placed in the minute book of the Association with the minutes of the Board of
Directors. Any action so approved shall have the same effect as though taken at a meeting of the
directors.
Section 5. Notice to Members. Meetings of the Board of Directors shall be open to all
members except for meetings between the Board and its attorney with respect to proposed or pending
litigation where the contents of the discussion would otherwise be governed by the attorney-client
privilege. Notices of meetings shall be posted in a conspicuous place on the Association property at
least 48 hours in advance, except in an emergency. Notice of any meeting in which assessments
against parcels are to be established shall specifically contain a statement that assessments shall be
considered and a statement of the nature of such assessments.
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ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Association, by and through its Board of Directors, shall have
power to:
(a) adopt and publish rules and regulations governing the use of the Common Area and
facilities, and the personal conduct of the members and their guests thereon, and to establish
penalties for the infraction thereof;
(b) suspend the voting rights and right to use of the Common Areas of a member during
any period in which such member shall be in default in the payment of any assessment levied
by the Association, as provided for in the Declaration. Such rights may also be suspended
after notice and hearing in accordance with the terms of the Declaration;
(c) exercise for the Association all powers, duties and authority vested in or delegated to
this Association and not reserved to the membership by other provisions of these Bylaws, the
Articles, or the Declaration;
(d) declare the office of a member of the Board of Directors to be vacant in the event
such member shall be absent from three (3) consecutive regular meetings of the Board of
Directors; and
(e) employ a manager, an independent contractor, or such other employees as they deem
necessary, and to prescribe their duties.
Section 2. Duties. It shall be the duty of the Association, by and through its Board of
Directors, to:
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(a) cause to be kept a complete record of all its acts and corporate affairs and to present a
statement thereof to the members at the annual meeting of the members, or at any special
meeting when such statement is requested in writing by one-fourth (1/4) of the Class A
members who are entitled to vote, at least ten (l 0) days prior to the annual meeting or special
meeting;
(b) maintain the official records of the Association within the State of Florida open for
inspection and available for photocopying by the members or their authorized agents at
reasonable times and places within ten (10) business days after receipt of a written request
for access;
(c) supervise all officers, agents and employees of this Association, and to see that their
duties are properly performed;
(d) as more fully provided in the Declaration, to:
(1.) fix the amount of the annual assessment against each Lot at least thirty (30)
days in advance of each annual assessment period; and
(2.) send written notice of each assessment to every Owner subject thereto at least
thirty (30) days in advance of each annual assessment period; and
(3.) at the discretion of the Board, foreclose the lien against any property for
which assessments are not paid within thirty (30) days after due date or to bring an
action at law against the Owner personally obligated to pay the same; and
(4.) collect at first closing on the Lot the balance of the assessment owing for the
remaining portion of the year.
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(e) issue or to cause an appropriate officer to issue, upon demand by any person, a
certificate setting forth whether or not any assessment has been paid. Reasonable charges
may be made by the Board for the issuance of these certificates. If a certificate states an
assessment has been paid, such certificate shall be conclusive evidence of such payment;
(f) procure and maintain adequate liability and hazard insurance on property owned by
the Association;
(g) cause all officers or employees having fiscal responsibilities to be bonded, as it may
deem appropriate;
(h) cause the Common Area to be maintained;
(i) establish prior to the beginning of the fiscal year and prior to setting the assessments
for the coming year, an annual budget for the Association, including maintenance of common
areas and establish reserve accounts for replacement of those parts of the common elements
which have a limited useful life span.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of this Association shall be a president
and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a
treasurer, and such other officers as the Board may from time to time by resolution create.
Section 2. Election of Officers. The election of officers shall take place at the first
meeting of the Board of Directors following each annual meeting of the members.
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Section 3. Term. The officers of this Association shall be elected annually by the Board
and each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed,
or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs
of the Association may require, each of whom shall hold office for such period, have such authority,
and perform such duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed from office with or
without cause by the Board. Any officer may resign at any time giving written notice to the Board,
the president or the secretary. Such resignation shall take effect on the date of receipt of such notice
or at any later time specified therein, and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the
Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer
he replaced.
Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the
same person. No person shall simultaneously hold more than one of any of the other offices except
in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
President
(a) The president shall preside at all meetings of the Board of Directors; shall see that
orders and resolutions ofthe Board are carried out; shall sign all leases, mortgages, deeds and
other written instruments and shall sign all checks and promissory notes.
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Vice- President
(b) The vice-president shall act in the place and stead of the president in the event of his
absence, inability or refusal to act, and shall exercise and discharge such other duties as may
be required of him by the Board.
Secretary
(c) The secretary shall record the votes and keep the minutes of all meetings and
proceedings ofthe Board and of the members; keep the corporate seal ofthe Association and
affix it on all papers requiring said seal; serve notice of meetings of the Board and of the
members; keep appropriate current records showing members of the Association together
with their addresses, and shall perform such other duties as required by the Board.
Treasurer
(d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the
Association and shall disburse such funds as directed by resolution of the Board of Directors;
shall sign all checks and promissory notes of the Association; keep proper books of account;
cause an annual audit of the Association books to be made by a public accountant at the
completion of each fiscal year; and shall prepare or have prepared an annual budget and a
statement of income and expenditures to be presented to the membership at its regular annual
meeting, and deliver a copy of each to the members.
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ARTICLE IX
COMMITTEES
The Association shall appoint an Architectural Control Board, as provided in the Declaration,
and a Nominating Committee, as provided in these Bylaws. In addition, the Board of Directors shall
appoint committees as deemed appropriate in carrying out its purpose.
ARTICLE X
BOOKS AND RECORDS
Section 1. Inspection and Copying. The official records of the Association shall be
maintained within the State of Florida and must be open to inspection and available for photocopying
by members or their authorized agents at reasonable times and places within ten (l 0) business days
after receipt of a written request for access. This requirement may be satisfied by having a copy of
the official records available for inspection or copying in the subject community. The Association
may adopt reasonable written rules governing the frequency, time, location, notice, and manner of
inspections, and may impose fees to cover the costs of providing copies of the official records,
including, without limitation, the costs of copying. The Association shall maintain an adequate
number of copies of the Articles, By laws and Declaration to ensure their availability to members and
prospective members, and may charge only its actual costs for reproducing and furnishing these
documents to those persons who are entitled to receive them.
Section 2. Official Records. The Association shall maintain each of the following items,
when applicable, which constitute the official records of the Association:
(a) Copies of any plans, specifications, permits, and warranties related to improvements
constructed on the Common Areas or other property that the Association is obligated to
maintain, repair or replace.
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(b) A copy ofthese Bylaws and each amendment to the Bylaws.
(c) A copy of the Articles and each amendment thereto.
(d) A copy of the Declaration and a copy of each amendment thereto.
(e) A copy of the current rules and regulations of the Association.
(t) A book or books that contain the minutes of all meetings of the Association, of the
Board of Directors and of members, which minutes shall be retained for a period of not less
than seven (7) years.
(g) A current roster of all members and their mailing addresses and parcel identifications.
(h) All insurance policies of the Association or a copy thereof for a period of not less
than seven (7) years.
(i) A current copy of all contracts to which the Association is a party, including, without
limitation, any management agreement, lease, or other contract which the Association has
any obligation or responsibility. Bids received by the Association for work to be performed
shall also be considered official records and must be kept for a period of one (1) year.
(j) The financial and accounting records for the Association kept according to good
accounting practices. All accounting records shall be maintained for a period of not less than
seven (7) years. The financial and accounting records must include:
(1) Accurate, itemized and detailed records of all receipts and expenditures.
(2) A current account and a periodic statement ofthe account for each member of
the Association, designating the name and current address of each member who is
obligated to pay assessments, the due date and amount of each assessment or other
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charge against the member, the date and amount of each payment on the account, and
the balance due.
(3) All tax returns, financial statements, and financial reports of the Association.
(4) Any other records that identify, measure, record, or communicate financial
information of the Association.
ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration each member is obligated to pay to the Association
all Assessments as listed in the Declaration, which are secured by a continuing lien upon the property
against which the assessment is made. Any assessments which are not paid when due shall be
delinquent and subject to a late charge as specified in the Declaration. If the assessment is not paid
within thirty (30) days after the due date, the assessment shall bear interest at the maximum rate
allowable by law and the Association may bring an action at law against the Owner personally
obligated to pay the same or foreclose the lien against the property, and interest, costs, and
reasonable attorney's fees of any such action shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of
the Common Area or abandonment of his Lot.
ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in circular form having within its circumference the words:
RIVERVIEW TOWNHOME OWNERS ASSOCIATION, INC. and within the center the word
"Florida" .
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ARTICLE XIII
AMENDMENTS
Section l. Amendments. These By-Laws may be amended, at a regular or special
meeting of the members, by a vote of two-thirds (2/3) of the voting interests of the Association,
except that the Federal Housing Administration or the Veterans Administration shall have the right
to veto amendments while there is Class B membership.
Section 2. Precedence. In the case of any conflict between the Articles and these Bylaws,
the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws,
the Declaration shall control.
ARTICLE XIV
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the 3l st
day of December of every year, except that the first fiscal year shall begin on the date of
incorporation.
ARTICLE XV
RIGHT OF MEMBERS TO PEACEFULLY ASSEMBLE
All common areas serving any homeowner's association shall be available to members and
their invited guests for the use intended for such common areas. The entity or entities responsible for
the operation of the common areas may adopt reasonable rules and regulations pertaining to the use
of such common areas. No entity or entities shall unreasonably restrict any member's right to
peaceably assemble or right to invite public officers or candidates for public office to appear and
speak in common areas.
BYLA WS END HERE
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