1696 Taylor MorrisonWATER AND WASTEWATER UTILITIES 10�
BILL OF SALE
/ � MI6 :r , a Florida corporation,
located at/,64,644// W /) &1 �%Ff County
of State of ;2,Z 4e, , hereafter known as the
SELLER, or and in consideration of the sum of One ($1.00) Dollar and other valuable
consideration paid to SELLER by City of Sanford, a political subdivision of the State of
Florida, hereafter known as the BUYER, receipt of which is hereby acknowledged does
grant, sell, transfer, convey, and deliver to BUYER all pipes, lines, gate valves, valve
boxes, fittings, thrust blocks, hydrants, pump stations, and other goods and equipment
which comprise the water, wastewater, and reclaimed water systems installed by SELLER
and located on the following public easements, rights -of -way, or tracts as shown on the
record drawings, more specifically described as follows:
PROJECT: 7�%
(See Attached Legal Description)
BUYER shall have all rights and title to the goods in itself and its assigns.
SELLER warrants that it is lawful owner of the goods and the goods are free from all liens
and encumbrances. SELLER has good right to sell the goods and will warrant and defend
the right against the lawful claims and demands of all persons.
IN WITNESS WHEREOF, SELLER has executed this BILL OF SALE at
on this day
ADDRESS: J
(SEAL) S L
City of Sanford B -3
Utility Department
L.1D /'� C"
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DESCRIPTION
A parcel of land being part of Lots 90 and 93, FLORIDA LAND & COLONIZATION COMPANY LIMITED W.
BEARDALL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in Plat Book 1, Page 114,
of the Public Records of Seminole County, Florida. being more particularly described as follows:
Commence at the Northwest corner of Section 27, Township 19 South, Range 30 East, Seminole County;
thence S.00 °09'03 "E., along the West line of said Section 27, a distance of 15.00 feet; thence
N.89 °57'49 "E., a distance of 15.00 feet to the Northwest corner of Lot 90, FLORIDA LAND &
COLONIZATION COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPHS, according to the plat
thereof, as recorded in Plat Book 1, Page 114, of the Public Records of Seminole County, Florida.; thence
continue N89 °57'49 "E along the North line of said Lot 90, a distance of 25.00 feet to the POINT OF
BEGINNING; thence continue N.89 °57'49 "E., along the North line of said Lot 90, a distance of 620.04 feet to
the East line of said Lot 90; thence S.00 °08'28 "E., along the East line of said Lots 90 and 93, a distance of
1,073.98 feet; thence S.89 °57'49 "W., a distance of 619.86 feet; thence N.00 °09'03 "W., parallel to and 25.00
feet Easterly of the West line of said Lots 90 and 93, a distance of 1,073.98 feet to the POINT OF
BEGINNING.
Containing 665,814 square feet or 15.285 acres, more or less.
W1►1U1i
A parcel of land being Lot 74 and parts of Lots L, 75 and 80, FLORIDA LAND & COLONIZATION
COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in
Plat Book 1, Page 114, of the Public Records of Seminole County, Florida. being more particularly described
as follows:
Commence at the Northwest corner of Section 27, Township 19 South, Range 30 East, Seminole County;
thence S.89 °58'38 "W., along the North line of Section 28, Township 19 South, Range 30 East, a distance of
1,306.01 feet; thence N.00'1 2'21'W., a distance of 15.00 feet to the Southwest corner of Lot L, FLORIDA
LAND & COLONIZATION COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPHS, according to the
plat thereof, as recorded in Plat Book 1, Page 114, of the Public Records of Seminole County, Florida.;
thence continue N.00 °12'21 "W., along the West line of said Lot L, a distance of 15.00 feet to the POINT OF
BEGINNING; thence continue N.00 °12'21 "W., along the West line of said Lots L and 74, a distance of
1,274.52 feet to the Northwest corner of said Lot 74; thence N.89 °58'00 "E., along the North line of said Lots
74 and 75, a distance of 1,265.04 feet; thence S.00 °1 4'55 "E., parallel to and 25.00 feet Westerly of the East
line of said Lot 75, a distance of 495.18 feet; thence S.89 °45'05 "W., a distance of 222.50 feet; thence
S.00 °14'55 "E., a distance of 778.70 feet; thence S.89 °58'38 "W., parallel to and 15.00 feet Northerly of the
South line of said Lots 80 and L, a distance of 1,043.48 feet to the POINT OF BEGINNING.
Containing 1,439,708 square feet or 33.051 acres, more or less.
"AND ALSO"
A parcel of land being part of Lots 89 and 94, FLORIDA LAND & COLONIZATION COMPANY LIMITED W.
BEARDALL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in Plat Book 1, Page 114,
of the Public Records of Seminole County, Florida. being more particularly described as follows:
Commence at the Northwest comer of Section 27, Township 19 South, Range 30 East, Seminole County;
thence S.00 °09'03 "E., along the West line of said Section 27, a distance of 30.00 feet;
thence S.89 °58'38 "W., a distance of 40.00 feet to the POINT OF BEGINNING; thence S.00 °09'03 "E.,
parallel to and 25.00 feet Westerly of the East line of said Lots 89 and 94, a distance of 803.85 feet; thence
N.89 °57'58 "W., a distance of 620.43 feet to the West line of said Lot 94; thence N.00 °09'24 "W., along the
West line of said Lots 94 and 89, a distance of 803.24 feet; thence N.89 °58'38 "E., parallel to and 15.00 feet
Southerly of the North line of said Lot 89, a distance of 620.50 feet to the POINT OF BEGINNING.
Containing 498,575 square feet or 11.446 acres, more or less.
�- OHM
•.
A parcel of land being part of Lots 90 and 93, FLORIDA LAND & COLONIZATION COMPANY LIMITED W.
BEARDALL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in Plat Book 1, Page 114,
of the Public Records of Seminole County, Florida. being more particularly described as follows:
Commence at the Northwest corner of Section 27, Township 19 South, Range 30 East, Seminole County;
thence S.00 °09'03 "E., along the West line of said Section 27, a distance of 15.00 feet; thence
N.89 °57'49 "E., a distance of 15.00 feet to the Northwest comer of Lot 90, FLORIDA LAND &
COLONIZATION COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPHS, according to the plat
thereof, as recorded in Plat Book 1, Page 114, of the Public Records of Seminole County, Florida.; thence
continue N89 °5749 "E along the North line of said Lot 90, a distance of 25.00 feet to the POINT OF
BEGINNING; thence continue N.89 °57'49 "E., along the North line of said Lot 90, a distance of 620.04 feet to
the East line of said Lot 90; thence S.00 °08'28 "E., along the East line of said Lots 90 and 93, a distance of
1,073.98 feet; thence S.89 °5749"W., a distance of 619.86 feet; thence N.00 °09'03"W., parallel to and 25.00
feet Easterly of the West line of said Lots 90 and 93, a distance of 1,073.98 feet to the POINT OF
BEGINNING.
Containing 665,814 square feet or 15.285 acres, more or less.
W- Izl7ii
A parcel of land being Lot 74 and parts of Lots L, 75 and 80, FLORIDA LAND & COLONIZATION
COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in
Plat Book 1, Page 114, of the Public Records of Seminole County, Florida. being more particularly described
as follows:
Commence at the Northwest corner of Section 27, Township 19 South, Range 30 East, Seminole County;
thence S.89 °58'38 "W., along the North line of Section 28, Township 19 South, Range 30 East, a distance of
1,306.01 feet; thence N.00 °12'21"W., a distance of 15.00 feet to the Southwest comer of Lot L, FLORIDA
LAND & COLONIZATION COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPHS, according to the
plat thereof, as recorded in Plat Book 1, Page 114, of the Public Records of Seminole County, Florida.;
thence continue N.00 °12'21"W., along the West line of said Lot L, a distance of 15.00 feet to the POINT OF
BEGINNING; thence continue N.00 °12'21"W., along the West line of said Lots L and 74, a distance of
1,274.52 feet to the Northwest comer of said Lot 74; thence N.89 °58'00 "E., along the North line of said Lots
74 and 75, a distance of 1,265.04 feet; thence S.00'1 4'55"E., parallel to and 25.00 feet Westerly of the East
line of said Lot 75, a distance of 495.18 feet; thence S.89 °45'05 "W., a distance of 222.50 feet; thence
S.00 °14'55 "E., a distance of 778.70 feet; thence S.89 °58'38"W., parallel to and 15.00 feet Northerly of the
South line of said Lots 80 and L, a distance of 1,043.48 feet to the POINT OF BEGINNING.
Containing 1,439,708 square feet or 33.051 acres, more or less.
iiv, Nax11��i11
A parcel of land being part of Lots 89 and 94, FLORIDA LAND & COLONIZATION COMPANY LIMITED W.
BEARDALL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in Plat Book 1, Page 114,
of the Public Records of Seminole County, Florida. being more particularly described as follows:
Commence at the Northwest comer of Section 27, Township 19 South, Range 30 East, Seminole County;
thence S.00 °09'03 "E., along the West line of said Section 27, a distance of 30.00 feet;
thence S.89 °58'38"W., a distance of 40.00 feet to the POINT OF BEGINNING; thence S.00 °09'03 "E.,
parallel to and 25.00 feet Westerly of the East line of said Lots 89 and 94, a distance of 803.85 feet; thence
N.89 °57'58"W., a distance of 620.43 feet to the West line of said Lot 94; thence N.00 °0924 "W., along the
West line of said Lots 94 and 89, a distance of 803.24 feet; thence N.89 °58'38 "E., parallel to and 15.00 feet
Southerly of the North line of said Lot 89, a distance of 620.50 feet to the POINT OF BEGINNING.
Containing 498,575 square feet or 11.446 acres, more or less.
Sanity Sewer Svsst em
Item
Quantity
Unit
Description
Unit
Total
Sanitary
$238,402.12
Water
$177,635.88
Price
$166,948.96
1
328
LF
8" SDR 35 0-6'
$14.74
$4,83432
2
832
LF
8" SDR 35 6 -8'
$18.07
$15,034.24
3
1182
LF
8" SDR 35 8 -10'
$23.14
$27,351.48
4
1430
LF
8" SDR 35 10 -12'
$27.40
$39,182.00
5
352
LF
8" SDR 35 12 -14'
$33.05
$11,633.60
6
3
EA
Manholes 0-6'
$2,188.77
$6,566.31
7
5
EA
Manholes 6$'
$2,476.65
$12,383.25
8
6
EA
Manholes 8-10'
$2,773.98
$16,643.88
9
7
EA
Manholes 10-12'
$3,191.09
$22,337.63
10
2
EA
Manholes 12 -14'
$3,430.41
$6,860.82
11
9
EA
Single Services
$413.80
$3,724.20
12
36
EA
Double Services
$485.79
$17,488.44
13
1
LS
Tv Testing
$11,679.05
$11,679.05
14
1
LS
Dewatering
$32,232.50
$32,232.50
15
1
LS
Layout
$5,500.00
$5,500.00
16
1
LS
MOT
$4,950.001
$4,950.00
ozai Sanitary Sewer System
Water system
$238,402.12
Item
Quantity
Unit
Description
Unit
Total
Sanitary
$238,402.12
Water
$177,635.88
Price
$166,948.96
1
2
EA
10'x8" Wet Tap
$4,250.00
$8,500.00
2
4235
LF
8" C -900 DR -18 WM
$17,45
$73,900.75
3
20
EA
8" GV
$1,402.79
$28,055.80
4
4
EA
FH Assemblies
$3,381.29
$13,525.16
5
1
EA
Connect to Existing
$750.00
$750.00
6
6
EA
2" BO Assemblies
$741.14
$4,446.84
7
21
EA
Single Service
$439.60
$9,231.60
8
31
EA
Double Service
$481.37
$14,922.47
9
1
LS
Chlorination and Testing
$4,200.00
$4,200.00
10
1
LS
Misc. Fittings
$15,753.26
$15,753.26
11
1
LS
Layout
$4,350.001
$4,350.00
oim water system
Reuse System
$177,635.88
Item
Quantity
Unit
Description
Unit
Total
Sanitary
$238,402.12
Water
$177,635.88
Price
$166,948.96
1
3
EA
8 "x6" Wet Tap
$3,250.00
$9,750.00
2
4335
LF
6" C -900 DR -16 RWM
$15.77
$68,362.95
3
40
LF
16" Jack and Bore
$456.25
$18,250.00
4
10
EA
6" GV
$1,133.15
$11,331.50
5
6
EA
2" BO Assemblies
$741.14
$4,446.84
6
1
EA
4" High Perrormance Turbine Meter
$11,432.47
$11,432.47
7
2
EA
2" Reclaim Water Services
$1,091.57
$2,183.14
8
9
EA
Single Services
$423.37
$3,810.33
9
36
EA
Double Services
$480.09
$17,283.24
10
1
LS
Misc. Fittings
$13,598.49
$13,598.49
1V
1
LS
Pressure Testing
$2,750.00
$2,750.00
12
1
LS
Layout 1
$3,750.001
$3,750.00
Total Reclaim System $166,948.96
Site Work
$834,470.26
Storm
$409,591.24
Paving
$605,656.92
Sanitary
$238,402.12
Water
$177,635.88
Reuse
$166,948.96
TOTAL
$2,432,705.38
e�
City of Sanford
Planning and Development Services
TO: Cynthia Porter, City Clerk
FROM: Eileen Hinson, Development Services Manager
DATE: January 13, 2015
SUBJECT: Final Plat for Thornbrooke Phase 1
Attached are the original mylars (5 sheets) of the final plat forThornbrooke Phase 1.
Please record the plat along with the attached HOA documents.
Please obtain a recorded copy of the plat and a paper copy for the Planning
Department files.
For the recording fees, please contact:
Alex Madison
Land Project Manager —Taylor Morrison
151 Southhall Lane, Suite 200
Maitland, FL 32751 -7172
Phone: 321.397.7251
Email: AMadison @taylormorrison.com
Thank you.
C-P— iz_'�
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C6se�' )
Planning & Development Services Phone: (407) 688 -5140 Fax: (407) 688 -5141
T': \DEVELOPMENT REVIEW \02 LAND DE.VE.L0PMEPq'f \2014 \TI- I0PNBR00KE \FINAL PLA1\2015.CITY.0 „LER K.THORNBROOKE PLAT.MEMO.DOC
ITO
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1u�an
MARYANNE MORSE, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
BK 06401 Pq 0112; Qpq)
CLERK' S # 2015036564
RECORDED 01122/2-015 04:16:59 PN
RECORDING FEES 90.0
RECORDED BY H DeVare
RECORDING OF PLATS
SUBDIVISION NAME:
THORNBROOKE PHASE ONE
SECTION, TOWNSHIP& RANGE: SEC 21, 27 -28; TWP 19S; RGE 29E
AND/OR LEGAL DESCRIPTION:
REPLAT LOT 74, PORTION 75, L, 80, 89, 90, 93, 94 FL LAND & COLONIZATION
CO. LIMITED W. BEARDALL'S MAP OF ST. JOSEPHS
PLAT BOOK 79 PAGE 3 -7
DEVELOPED
BY: TAYLOR MORRISON OF FL, INC
AMOUNT FOR RECORDING PLAT: $90-00
RD0402.021
MAR` ANNE NORSE. SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
8K G8401 Pgs OW -:'177; (65pus)
CLERK' 8 # 201500,6965
RECORDED "Z1 /22/2015 04.16z5 pal
Prepared by /Return to: RECORDING FEES b54.06
Ellen Avery- Smith, Esquire RECORDED BY N DeVore
Rogers Towers, P.A.
201 South Orange Avenue, Suite 201
Orlando, Florida 32801
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
FOR THORNBROOKE
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tl
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CgUlY CLEM
j 2,
TABLE OF CONTENTS
Page
ARTICLE I. DEFINITIONS .................................................................. ............................... 1
ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION AND
ADDITIONS THERETO .................................................. ...............................
3
Section1. Legal Description ............................................................. ...............................
3
Section 2. Platting and Subdivision Restrictions .............................. ...............................
3
Section 3. Additions or Withdrawal of Property ............................... ...............................
3
ARTICLE III. PROPERTY RIGHTS, EASEMENTS ............................. ...............................
4
Section 1. Owners' Easements of Enjoyment ..................................... ...............................
4
Section 2. Common Areas .................................................................. ...............................
5
Section 3. Maintenance .................................................................. ...............................
5
ARTICLE IV. THORNBROOKE HOMEOWNERS ASSOCIATION ... ...............................
5
Section1. Membership ....................................................................... ...............................
5
Section2. Voting ................................................................................ ...............................
5
Section 3. Insurance on Lots; Casualty Losses ................................... ...............................
6
ARTICLE V. COVENANTS FOR MAINTENANCE ASSESSMENTS .............................
6
Section 1. Creation of The Lien and Personal Obligation For The Assessments ..............
6
Section 2. Purpose of Assessments ..................................................... ...............................
7
Section 3. Determining Amount of Assessments ............................... ............................... 7
Section 4. Budgeting for Reserves ...................................................... ............................... 7
Section 5. Uniform Rate of Assessments ............................................ ............................... 7
Section 6. Date of Commencement of Annual Assessments: Due Dates .......................... 8
Section 7. Duties of The Board of Directors ....................................... ............................... 8
Section 8. Working Fund Contribution ............................................... ............................... 8
Section 9. Special Assessments .......................................................... ............................... 9
Section 10. Effect of Non - Payment of Assessment: The Lien; Remedies of
Association....................................................................... ............................... 9
Section 11. Assessments Payable by Declarant; Declarant Subsidies ............................... 9
Section 12. Declarant's Option to Fund Budget Deficits ................. ...............................
10
Section 13. Subordination of the Lien to Mortgages ........................ ...............................
10
Section 14. Exempt Property ............................................................ ...............................
11
Section 15. Allocation and Apportionment ...................................... ...............................
I 1
-i-
TABLE OF CONTENTS
(continued)
Page
Section 16. Townhome Unit Maintenance Assessments Following Declarant
Turnover......................................................................... ...............................
11
ARTICLE VI. EXTERIOR MAINTENANCE OF DETACHED RESIDENTIAL
UNITS............................................................................. ...............................
11
Section 1. Exterior Maintenance ....................................................... ...............................
11
Section 2. Assessment of Cost .......................................................... ...............................
12
Section 3. Access at Reasonable Hours ............................................ ...............................
12
ARTICLE VII. EASEMENTS AND MAINTENANCE OF TOWNHOMES .......................
12
Section 1. Access Easements ............................................................ ...............................
12
Section 2. Public Easements ............................................................. ...............................
12
Section 3. Easements for Encroachments on Townhome Lots or Common Areas .........
12
Section 4. Easement for Sprinkler System ........................................ ...............................
13
Section 5. Utility Easement ............................................................... ...............................
13
Section 6. Utility Meter Easement .................................................... ...............................
13
Section 7. Easements of Support ...................................................... ...............................
13
Section 8. Townhome Lot Maintenance ........................................... ...............................
13
Section 9. Disrepair of Townhome Dwelling Units and Townhome Lots ......................
15
Section 10. Access at Reasonable Hours .......................................... ...............................
15
Section 11. Exterior Maintenance Assessment ................................. ...............................
15
Section 12. Public Liability Insurance .............................................. ...............................
15
ARTICLE VIII. TOWNHOME DEVELOPMENT .................................. ...............................
16
Section 1. Townhome Common Structural Elements ..................... ...............................
16
Section2. General ............................................................................. ...............................
16
Section 3. Sharing Maintenance or Repair ....................................... ...............................
16
Section 4. Destruction by Fire or Other Casualty ............................. ...............................
17
Section 5. Damage to Buildings ........................................................ ...............................
17
Section 6. Easement for Repairs ....................................................... ...............................
17
Section 7. Right to Contribution Runs with Land ............................. ...............................
18
Section 8. Weather Proofing ............................................................. ...............................
18
Section9. Alterations ........................................................................ ...............................
18
Section 10. Structural Cross Easements ............................................ ...............................
18
-ii-
TABLE OF CONTENTS
(continued)
Page
ARTICLE IX. THORNBROOKE ARCHITECTURAL CONTROL .... ...............................
18
Section 1. Review and Approval ...................................................... ...............................
18
Section 2. Architectural Review Board ............................................ ...............................
18
Section 3. Powers and Duties of the ARB ........................................ ...............................
19
Section 4. Limited Liability .............................................................. ...............................
20
ARTICLE X. USE RESTRICTIONS .................................................... ...............................
20
Section 1. Enforcement ..................................................................... ...............................
20
Section 2. Single - Family Use ........................................................... ...............................
21
Section 3. Residential Units Owned by Entities or Unrelated Persons ............................
21
Section 4. Lake Maintenance and Use .............................................. ...............................
21
Section 5. Stormwater Management System .................................... ...............................
22
Section6. City of Sanford ................................................................. ...............................
22
Section 7. Restrictions, Covenants Running with the Land .............. ...............................
23
Section 8. Remedies for Violation .................................................... ...............................
23
Section 9. Improvements .................................................................. ...............................
24
Section 10. Declarant Exemption ..................................................... ...............................
24
ARTICLE XI. PLANNED UNIT DEVELOPMENT ................................... ...............................
24
Section 1. Common Planned Development ...................................... ...............................
24
Section 2. No Re- subdividing or Rezoning ...................................... ...............................
25
Section 3. Declarant's Rights ............................................................ ...............................
25
ARTICLE XII. RIGHTS AND EASEMENTS RESERVED BY DECLARANT ......................
25
Section1. Utilities ............................................................................. ...............................
25
Section2. Drainage ........................................................................... ...............................
25
Section 3. Future Easements ............................................................. ...............................
25
Section 4. Easements for Maintenance Purposes .............................. ...............................
25
Section 5. Landscaping, Wall, Fence Easement ............................... ...............................
25
Section 6. Reservation ...................................................................... ...............................
26
ARTICLE XIII. RIGHTS GRANTED BY DECLARANT ......................... ...............................
26
Section 1. Thornbrooke Roadways ................................................... ...............................
26
Section 2. Thornbrooke Roadways and Parking Areas .................... ...............................
26
-iii-
TABLE OF CONTENTS
(continued)
Page
ARTICLE XIV. DISPUTE RESOLUTION ................................................. ...............................
26
Section1. In General ......................................................................... ...............................
26
Section 2. Disputes Between Association and Owners .................... ...............................
26
Section 3. Disputes Between Association /Owner and Declarant ..... ...............................
27
Section 4. Dispute Resolution ........................................................... ...............................
27
ARTICLE XV. GENERAL PROVISIONS .................................................. ...............................
30
Section1. Duration ........................................................................... ...............................
30
Section2. Notices ............................................................................. ...............................
31
Section3. Enforcement ..................................................................... ...............................
31
Section4. Severability ...................................................................... ...............................
31
Section 5. Effective Date .................................................................. ...............................
31
Section 6. Delegation of Services /Management ............................... ...............................
31
Section7. Amendment ...................................................................... ...............................
31
Section 8. Effect of Declaration ........................................................ ...............................
31
Section 9. Limited Liability .............................................................. ...............................
32
Section 10. Consent of Declarant ...................................................... ...............................
32
-iv-
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THORNBROOKE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
THORNBROOKE ( "Declaration ") is made this �, LJ day of { �E, ti; , . 2015 by Taylor
Morrison of Florida, Inc., a Florida corporation ( "Declarant ").
RECITALS:
A. Declarant is the owner of the real property described in Exhibit "A" attached hereto and
incorporated herein (the "Property ") and is the Declarant thereof
B. The Declarant desires for the Property to be held, transferred, sold, conveyed and
occupied subject to the covenants, conditions, restrictions, easements, charges and liens hereinafter set
forth.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT:
IN CONSIDERATION of the covenants contained herein, the Declarant hereby establishes,
declares and prescribes herein that the Property shall hereafter be owned, held, transferred and conveyed
subject to the covenants, conditions and restrictions hereinafter set forth which shall apply, as to
covenants and restrictions, and be covenants running with title to the Property and shall be binding upon
the owners of the Property, their respective heirs, personal representatives, successors and assigns for
the benefit of the owners of the Property, the Thornbrooke Homeowners Association (as hereinafter
defined) and where specified, but not otherwise, the Declarant, its successors and assigns. Every owner
of the Property, present and future, or any part thereof (by acceptance of a deed therefore, whether or not
it shall be so expressed in such deed of conveyance) including any purchaser at a judicial sale, shall
hereinafter be deemed to covenant and to comply with, abide by and be bound by the terms of this
Declaration of Covenants, Conditions and Restrictions for Thornbrooke.
ARTICLE I. DEFINITIONS
The following words, when used in this Declaration (unless the context shall prohibit), shall have
the following meanings:
(a) "Access Area" shall mean and refer to that portion of each Townhome Lot which
surrounds the exterior of the Townhome.
(b) "Assessment" shall mean and refer to the share of Association expenses assessed from
time to time against a Lot or Townhome Lot and the Owner(s) thereof. Assessment will also have the
meaning set forth in Section 720.301, Florida Statutes.
JAX \1798314_18
(c) "Association" shall mean and refer to the Thornbrooke Homeowners Association, Inc., a
Florida not - for - profit corporation, the By -Laws and Articles of Incorporation of which are attached
hereto and incorporated herein as Exhibits "B" and "C ", respectively. This is the Declaration of
Covenants, Conditions and Restrictions for Thornbrooke to which the Articles of Incorporation and By-
Laws of the Association make reference. These documents are sometimes referred to collectively herein
as the "Governing Documents ".
(d) `Building" shall mean and refer to a Townhome building containing attached
Townhomes sharing party walls and a common roof.
(e) "Common Area" shall mean and refer to all real and/or personal property which the
Association and /or the Declarant owns for the common use and enjoyment of the members of the
Association, and all real and /or personal property within or in the vicinity of Thornbrooke which the
Association and/or the Declarant have an interest for the common use and enjoyment of the members of
the Association, including without limitation, a right of use (such as but not limited to, easements for
surface water collection and retention). The use of the Common Area shall be restricted to landscaping,
entry features, directional graphic system, drainage /surface water management, landscape medians,
security, safety, bicycle paths, roads, parking, project lighting and recreational purposes or any other use
to which a majority of the membership of the Association may accede. Notwithstanding the forgoing,
the Declarant shall have the absolute right, at its sole discretion, to modify any of aforementioned
improvements located on Lots in their ownership.
(f) "Declarant" shall mean and refer to Taylor Morrison of Florida, Inc., a Florida
corporation, or its successors or assigns, if any such successor or assign acquires any undeveloped
portion of Thornbrooke from the Declarant for the purpose of development and is designated as such by
Declarant.
(g) "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and
Restrictions for Thornbrooke as recorded in the Public Records of Seminole County, Florida as the same
may be amended from time to time.
(h) "Lot" or "Townhome Lot" shall mean and refer to any parcel of the Property in
Thornbrooke, together with any and all improvements thereon, whether or not platted in the Public
Records of Seminole County, Florida, on which a Residential Units whether detached or attached
(attached units are referred to herein in the singular as a "Townhome" and the plural as "Townhomes "),
as defined below, could be constructed, whether or not one has been constructed. Unless specified
herein, the term "Lot" shall apply to lots on which both detached and attached Dwelling Units may be
constructed.
(i) "Maintenance Areas" shall mean the routine, non -storm related maintenance of the
exterior surfaces of a Townhome Dwelling Unit, including exterior surfaces of front doors (but not door,
glass or window replacement) the roof, gutters, if any, and landscaping and lawn as originally installed
in the front and rear yards of the Townhome Lots (but not any additional exterior components added
after issuance of a certificate of occupancy for the Townhome Dwelling Unit), as more fully provided in
Articles VI and VII of this Declaration. The Association shall provide such maintenance to the
Maintenance Areas.
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0) "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of the fee simple title to any Lot or Residential Unit which is a part of the Property subject to
this Declaration, including contract sellers (but not contract purchasers) and the Declarant.
(k) "Party Wall" shall mean and refer to the entire wall, from front to rear, all or a portion of
which is used for support of each adjoining structure, situated, or intended to be situated, on the
boundary line between adjoining Townhome Lots.
(1) "Plat" shall mean and refer to a Subdivision Plat or Plats of Thornbrooke as recorded in
the Public Records of Seminole County, Florida.
(m) "Property" or "Thornbrooke" shall mean and refer to that certain real property as
described in Exhibit "A" attached hereto and such additions thereto as may be made in accordance with
the provisions of Article II of this Declaration.
(n) "Residential Unit" shall mean and refer to any improvements located upon the Property
intended for use and designed to accommodate a single - family dwelling, including, without limitation,
any single - family detached dwelling or single - family attached dwelling (i.e., twnhome), for which a
certificate of occupancy has been obtained or any such Residential Unit planned to be constructed on the
Property.
(o) "Stormwater Management System" means a system which is designed and constructed
or implemented to control discharges which are necessitated by rainfall events, incorporating methods to
collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding,
overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and
quality of discharges from the system, as permitted pursuant to Chapter 62 -330, Florida Administrative
Code.
(p) "Townhome Property Line" shall mean and refer to the perimeter boundary lines of a
Townhome Lot within the Property.
ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION AND
ADDITIONS THERETO
Section 1. Legal Description. The real property which is and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration is located in Seminole County, Florida and is legally
described on Exhibit "A" attached hereto, all of which real property shall hereinafter be referred to as
the "Property."
Section 2. Platting and Subdivision Restrictions. The Declarant 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.
Section 3. Additions or Withdrawal of Property. Thornbrooke comprises the Property
encompassing, or which will encompass, Lots and the Common Area as more particularly defined by
this Declaration and, in addition, lands which Declarant may add, but shall in no way be obligated to
add, by one or more supplemental declaration(s). The Property initially declared hereunder is described
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in Exhibit "A" attached hereto. It is presently anticipated that Thornbrooke will contain single- family
detached homes and single - family attached units ( "Townhomes ") and the Common Area described
herein. Notwithstanding the foregoing, however, Declarant reserves the right to modify its plan of
development of Thornbrooke (including, without limitation, the right to modify the site plan of
Thornbrooke and the right to change the home product types and the number of homes to be constructed
within Thornbrooke) and /or the right to add land to Thornbrooke or to withdraw land from Thornbrooke
in its sole and absolute discretion. Therefore, in the event Declarant modifies its plan of development of
Thornbrooke, adds land to Thornbrooke and /or withdraws land from Thornbrooke, the number of Lots,
the layout of Lots arid/or the size of Lots within Thornbrooke may change and as a result of any changes
in the number of Lots, the Assessments required to be paid pursuant to this Declaration may increase or
decrease as appropriate. Declarant's general plan of development further contemplates that such homes
shall be whatever types of structures Declarant may choose which are in conformance with this
Declaration. Declarant's general plan of development of Thornbrooke may also include whatever
facilities and amenities Declarant considers in its sole judgment to be appropriate to Thornbrooke, as
well as any changes thereto.
Additional Property will become a part of Thornbrooke if, and only if, Declarant in its sole
discretion adds Additional Property to Thornbrooke by recording a Supplemental Declaration to such
effect. Declarant hereby reserves an easement for ingress and egress and for utilities and drainage over,
under and across the Property for the benefit of any Additional Property; provided, however, no such
easement may be granted upon any portion of the Property that lies directly beneath a home.
Declarant expressly reserves the right as to the Property to (i) commence construction and
development of the Property if and when Declarant desires; (ii) develop the Property (including, without
limitation the recreational facilities and amenities), upon such timetable as Declarant, in its sole
discretion, chooses; and (iii) modify the plan of development of the Property (including, without
limitation, the right to modify the site plan and /or master plan of Thornbrooke, the right to add
recreational facilities and amenities, and the right to change the home product types and number of
homes to be constructed within Thornbrooke) in such manner as Declarant, in its sole discretion,
chooses. Nothing contained herein shall be construed as obligating Declarant to construct Thornbrooke
according to the present plan of development or as obligating Declarant to declare any Additional
Property to be Property.
ARTICLE III. PROPERTY RIGHTS, EASEMENTS
Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement
of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to
the Property of such Owner, subject to the following:
(a) the right of the Declarant or the Association (in accordance with its
Articles and By- Laws), whichever holds title to the Common Area at the time, to borrow money for the
purpose of improving the Common Area and in aid thereof to mortgage said properties, subject to the
easement of use and enjoyment granted herein;
(b) the right of the Association to take such steps as are reasonably necessary
to protect the Common Area against foreclosure;
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(c) the right of the Association, with the consent of the Declarant, to dedicate
or transfer all or any part of the Common Area owned by the Association to any public agency, authority
or utility;
(d) all provisions of this Declaration, any zoning ordinance for the Property,
any plat of all or any part of the Property, restrictions contained on any and all plats of all or any part of
the Common Area or filed separately, and the Articles and By -Laws of the Association;
(e) rules and regulations governing use and enjoyment of the Common Area
adopted by the Association, including reasonable admission charges if deemed appropriate for each
Common Area parcel; and
(f) easements, restrictions and other matters referenced in Articles VIII and
XI hereof.
Section 2. Common Areas. Common Areas are those portions of the Property designated as
such in this Declaration, Plat or other written instrument recorded in the Public Records of Seminole
County, Florida. Common Areas may be for recreational or other purposes. So long as Declarant
appoints a majority of the Board of Directors, the Common Areas shall be only that property designated
as such by Declarant. Declarant shall have the right, and the power, but neither the duty nor the
obligation, in its sole discretion, to, or to cause others to, convey, lease or grant a license or other use
right to real property within the Property to the Association for such purposes as may be expressed in the
instrument of conveyance, lease or grant of license or use. No such real property shall be considered to
be a Common Area until actually so conveyed or leased or until a grant of license or other use right is
created by a written instrument. The Association shall accept from Declarant, or others approved by
Declarant, any such conveyance, lease, grant of license or grant of use right.
Section 3. Maintenance. The Association may enter into agreements with other persons or
entities to provide for the maintenance, upkeep and repair of any of the Common Areas or any other
property which the Association has the obligation to maintain, upkeep and repair under this Declaration.
Declarant shall have the authority to require that the Association engage a property management
company to manage the Property and all financial accounts related to the Association. Notwithstanding
the foregoing, Declarant reserves the right to assume all property management responsibilities for the
Property.
ARTICLE IV. THORNBROOKE HOMEOWNERS ASSOCIATION
Section 1. Membership. Every person or entity who is a record fee simple Owner of a Lot,
including the Declarant at all times as long as it owns all or any part of the Property which may become
subject to this Declaration, shall be a member of the Association, provided that any such person or entity
who holds such interest only as security for the performance of an obligation shall not be a member.
Membership shall be appurtenant to, and may not be separated from, ownership of any Lot which is
subject to assessment.
Section 2. Voting. Voting rights in the Association shall be as set forth in Article 6 of the
Articles of Incorporation of the Association attached hereto and made a part hereof.
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Section 3. Insurance on Lots; Casualty Losses. Each Owner shall maintain property
insurance providing fire and extended coverage at full replacement cost, less a reasonable deductible, on
all insurable improvements located on such Owner's Lot, to the extent such responsibility is not assigned
to or assumed by the Association pursuant to this Declaration or any applicable Supplemental
Declaration. In addition, every Owner shall be obligated to obtain and maintain at all times general
liability insurance covering consequential damages to any other Lot or the Common Area due to
occurrences originating within the Owner's Lot caused by the negligence of the Owner, the failure of the
Owner to maintain the Lot, and any other casualty within the Lot which causes damage to the Lots or the
Common Area, to the extent such coverage is not provided by policies maintained by the Association or
to the extent insurable losses may result in the Owner's liability for payment of deductibles under the
Association's policies. Such insurance policy or policies shall name the Association as an additional
insured. In the event there is damage to Common Areas, the insurance proceeds applicable to such
Common Area repair or replacement shall be paid directly to the Association and the Association shall
be responsible for making necessary repairs or replacements. Unless a mortgagee is named as the loss
payee under any such property policy, the Association shall be named as an additional loss payee.
Each Owner shall provide a certificate evidencing such insurance to the Association within ten
(10) days of any written request from the Board of Directors. Each Owner shall promptly notify the
Board in writing in the event such policy on his or her Lot is canceled. In the event that an Owner fails
to obtain any insurance which the Owner is required to obtain hereunder, or permits such insurance to
lapse, the Association may, but shall not be obligated to, obtain such insurance on behalf of the Owner
and assess the costs thereof to the Owner and the Owner's Loss as a Special Assessment.
If a Residential Unit is damaged by fire or other casualty, its Owner shall properly and promptly
restore it to at least as good condition as it was before the casualty occurred. Any such work shall be in
accordance with the original plans and specifications of the residential Unit unless otherwise authorized
by the Board and shall be otherwise subject to all provisions of Article VII hereof. In the event of
damage to or destruction of a structure on a Lot, the Owner shall promptly repair or reconstruct the
structure in a manner consistent with the original construction or other plans and specifications approved
in accordance with Article VII.
Declarant shall be exempt from the provisions of this Section 3, provided that any such
reconstruction, rebuilding or repairs made by Declarant shall be consistent, as to the exterior appearance,
with the improvements as they existed prior to the damage or other casualty.
ARTICLE V. COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of The Lien and Personal Obligation For The Assessments. The
Declarant, for each Lot owned by it within Thornbrooke, hereby covenants, and each Owner of any Lot
(by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other
conveyance) including any purchaser at a judicial sale, shall hereafter be deemed to covenant and agree
to pay to the Association: (1) any annual assessments or charges, (2) any special assessments for capital
improvements or major repair, and (3) exterior maintenance assessments (as set forth hereafter); such
assessments to be fixed, established and collected from time to time as hereinafter provided. All such
assessments, together with interest thereon as provided in Article V, Section 3 hereof, costs of collection
thereof (including attorneys' fees), shall be a charge on the Lot and shall be a continuing lien upon the
Lot(s) against which each such assessment is made and shall also be the personal obligation of the
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JAX\ 17983 14 18
Owner. No Owner may waive or otherwise escape liability for the assessments provided for herein by
non -use of the Common Area or by abandonment.
Section 2. Purpose of Assessments. The annual and special assessments levied by the
Association shall be used exclusively for the purpose of promoting the health, safety and welfare of the
Owners of the Property within Thornbrooke and in particular for the improvement and maintenance of
the Common Area and property to be conveyed to the Association as Common Area and common
services for the benefit of Owners of the Property, including, but not limited to, the cost of road, lake
and surface water maintenance, security, street lighting, signage, taxes, insurance, labor, equipment,
materials, management, maintenance and supervision thereof, as well as for such other purposes as are
permissible activities of the Association and undertaken by it.
Section 3. Determining Amount of Assessments. The total anticipated operating expenses
for each calendar year shall be set forth in the budget ( "Budget ") prepared by the Association's board of
directors (the "Board ") as required under the Articles and By -Laws of the Association. Each Lot shall
be assessed its pro rata portion of the total anticipated operating expenses, which shall be the
"Individual Lot Assessment" as to each Lot. Notwithstanding anything in Articles and /or By -Laws of
the Association to the contrary, any Assessment for legal fees incurred by the Association for lawsuits
shall be deemed an operating expense which is properly the subject of Special Assessment and not the
subject of an Individual Lot Assessment so long as approved pursuant to Section 6 of Article V, except
the legal fees incurred by the Association in connection with the collection of assessments or other
charges which Owners are obligated to pay pursuant to this Declaration, the Articles and By -Laws of the
Association or the enforcement of the use and occupancy restrictions contained in this Declaration, the
Articles of Incorporation and By -Laws of the Association.
Section 4. Budgeting for Reserves. The Board shall prepare and periodically review
separate reserve budgets for the Common Area for which the Association maintains capital items which
take into account the number and nature of replaceable assets, the expected life of each asset, and the
expected repair or replacement cost of capital items under each budget. The Board may include in the
budget adopted pursuant to Section 3 above, as appropriate, a contribution of $500.00 to fund reserves in
an amount which the Board, in the exercise of its business judgment, deems sufficient to meet the
projected needs under each budget with respect to both amount and tuning by annual contributions over
the budget period.
Reserve funds, if collected, shall be held in a separate account or accounts fiom the operating
and other funds of the Association. The reserve funds held in each account may be expended only for
major maintenance, repair or replacement of those assets covered by the reserve budget pursuant to
which they were collected. Subject to such limitation, the Board may adopt resolutions regarding the
expenditure of any reserve funds including, without limitation, policies designating the nature of assets
for which reserve funds may be expended. Neither the Association membership not the Board shall
adopt, modify, limit or expand such policies without Declarant's prior written consent during the period
of time prior to the Declarant turning over control of the Association to the Owners.
Section 5. Uniform Rate of Assessments. All regular and special assessments shall be at a
uniform rate for each Lot; provided, however, to the extent the Owner of a Lot and /or Residential Unit
requests additional services to be provided to or for the benefit of a particular Lot or Residential Unit by
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JAX \1798314_18
the Association, the costs of such additional services shall be charged to such Owner as part of such
Owner's annual assessment (i.e., a benefitted assessment).
Section 6. Date of Commencement of Annual Assessments: Due Dates. The annual
assessments provided for herein on the date (which shall be the first day of a month) fixed by the Board
shall be the date of commencement. The annual assessments shall be payable in advance, in periodic
installments if so determined by the Board. The due date of any special assessment or exterior
maintenance assessment hereof shall be fixed in the resolution authorizing such assessment.
Section 7. Duties of The Board of Directors. The Board shall fix the date of commencement
and the amount of the assessment for each assessment period at least thirty (30) days in advance of such
date or period and shall, at that time, prepare a roster of the Property and assessments applicable thereto,
which shall be kept in the office of the Association and shall be open to inspection by any Owner.
Written notice of the assessment shall be sent to every Owner subject thereto not later than fifteen (15)
days after fixing of the date of commencement and the amount thereof. The Board may cooperate with
any commercial or residential property owners' association in any area of the Property and /or with any
condominium association which administers the affairs of a condominium located within the Property in
the collection of assessments. The assessments provided for herein may be collected for and remitted to
the Association by any such other association as the Board of Directors may, in its discretion, deem
expedient and appropriate. The Association shall, upon demand at any time, furnish to any Owner liable
for said assessment a certificate in writing signed by an officer of the Association, setting forth whether
said assessment has been paid. Such certificate shall be conclusive evidence of payment of any
assessment therein stated to have been paid.
Section 8. Working Fund Contribution. Each subsequent Owner of a Lot (meaning any
Owner who purchases a Lot from a previous Owner other than Declarant) shall pay to the Association a
working fund contribution ( "Working Fund Contribution ") at the time legal title is conveyed to such
Owner by the previous Owner. The Working Fund Contribution shall be Five Hundred and No /100
Dollars ($500.00) for each Lot and each subsequent conveyance of the Lot. The amount of the Working
Fund Contribution is subject to change in the Board's sole discretion. The purpose of the Working Fund
Contribution is to ensure that the Association will have cash available for initial start-up expenses, to
meet unforeseen expenditures and to acquire additional equipment and services deemed necessary or
desirable by the Board. Working Fund Contributions are not advance payments of Individual Lot
Assessments and shall have no effect on future Individual Lot Assessments, nor will they be held in
reserve. To further ensure that the Association will have sufficient cash available to pay for start -up
expenses, Operating Expenses and other expenses, Declarant may from time to time advance to the
Association the Working Fund Contribution applicable to any Lot(s) prior to the time legal title to such
Lot(s) is conveyed to the Owner(s) thereof. In the event Declarant advances the Working Fund
Contribution applicable to any Lot, then, at the time legal title to such Lot is conveyed to the Owner
thereof, the Working Fund Contribution to be paid by such Owner to the Association pursuant to this
Section 8 shall be paid directly to Declarant in reimbursement of the advance, instead of to the
Association. Working Fund Contributions (whether paid by Owner or advanced by Declarant) may also
be used to offset Operating Expenses and fund any deficit between yearly Operating Expenses and
income collected from Assessments. Developer may, in its sole discretion, move the Working Fund
Contributions into a reserve account at the time of the Turnover Date.
In
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Section 9. Special Assessments. In addition to the regular annual assessment authorized by
Article V, Section 3 hereof, the Board may levy in any assessment year a special assessment applicable
to that year only, for the following purposes:
(a) Construction or reconstruction, repair or replacement of capital
improvements upon the Common Areas, including the necessary fixtures, landscaping, signage and
personal property related thereto;
(b) For additions to the Common Areas, including but not limited to
installation of capital improvements such as security card gates systems and master graphics and signage
for Thornbrooke;
(c) To provide for the necessary services and the facilities and equipment to
offer the services authorized herein; and
(d) To repay any loan made to the Association to enable it to perform the
duties and functions authorized herein, whether such loan shall be made in the year of such assessment
or any prior year.
Such special assessment before being charged must have received the consent of a majority of
the Board of Directors of the Association.
Section 10. Effect of Non - Payment of Assessment: The Lien; Remedies of Association. The
lien of the Association upon a Lot shall be effective from and after recording in the Public Records of
Seminole County, Florida a claim of lien stating the description of the Lot or legally definable portion
thereof encumbered thereby, the name of the Owner, the amount and the date when due. Such claim of
lien shall include only assessments which are due and payable when the claim of lien is recorded, plus
interest, costs, attorneys' fees, advances to pay taxes and prior encumbrances and interest thereon, all as
above provided. Such claim of lien shall be signed and verified by an officer or agent of the
Association. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of
record.
If the assessment is not paid within thirty (30) days after the delinquency date, which shall be set
by the Board of Directors of the Association, the assessment shall bear interest from the date due at the
maximum rate permissible by law and the Association may at any time thereafter bring an action to
foreclose the lien against the Lot(s) or legally definable portion thereof in like manner as a foreclosure
of a mortgage on real property, and /or a suit on the personal obligation against the Owner(s), and there
shall be added to the amount of such assessment the cost of preparing and filing the complaint in such
action including all reasonable attorneys' fees, and in the event a judgment is obtained, such judgment
shall include interest on the assessment as above provided and a reasonable attorneys' fee to be fixed by
the court, together with the costs of action.
Section 11. Assessments Payable by Declarant; Declarant Subsidies. Each Owner
acknowledges and agrees that because Individual Lot Assessments and Special Assessments are
allocated based on the formula set forth in Article V, Section 3 above, it is possible that the Association .
may collect more or less than the amount budgeted for operating expenses in the Budget of the
Association. Except as may be limited by applicable law, Declarant has the right (at its sole election) to:
(i) pay Individual Lot Assessments for the Lots owned by Declarant in the same manner as other
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Owners, (ii) subsidize the Budget of the Association as provided below by snaking voluntary
contributions or loans in amounts determined by Declarant, in Declarant's sole discretion, and /or (iii) to
be excused from payment of its share of assessments related to its Lots if Declarant elects to deficit fund
the amount of Individual Lot Assessments as provided in Section 10 of this Article V below.
During the period of time that Declarant is offering Residential Units for sale in Thornbrooke
and/or based on the number of Residential Units owned by Owners other than Declarant, Declarant may
seek to keep Assessments lower than they otherwise may be by either: (i) subsidizing the Budget of the
Association by snaking voluntary contributions in amounts determined by Declarant, or (ii) lending
money to the Association in amounts determined by Declarant. The amount of any such voluntary
contributions or loan may vary from time to time or may be discontinued and recommenced by
Declarant from time to time. The determination to subsidize the Budget of the Association, to lend
money to the Association, the amount of any such voluntary contribution or loan, the discontinuance
and/or recommencement of any such voluntary contributions or loan shall all be shade by Declarant, in
Declarant's sole discretion, and in no event shall Declarant have any obligation whatsoever to make any
such voluntary contributions or loan. Each Owner shall be solely responsible to review the Budget of the
Association then in effect to determine if and to what extent Declarant is making any voluntary
contributions to subsidize the Budget or loans and thus lower the Assessments payable by the Owners
that would otherwise be higher based on the operating expenses of the Association.
Section 12. Declarant's Option to Fund Budget Deficits. To the extent permitted by Florida
law, Declarant may satisfy the obligation for Assessments on Lots which it or its affiliates own for
which certificates of occupancy have not been issued by paying Assessments levied pursuant to this
Article V in the amount of $1 per every $20 in Assessments paid by other Owners or by funding the
Budget deficit. The Budget deficit is the difference between (i) the amount of Assessments levied on
Owners' Lots plus any other income received during the fiscal year, and (ii) the amount of the
Association's actual expenditures during the fiscal year, and excluding Special Assessments arising as a
result of any unusual loss or liability.
Regardless of Declarant's election, Declarant's Assessment obligations may be satisfied in the
form of cash or by "in kind" contributions of services or materials, or by a combination of these, the
value of which shall be reasonably determined by Declarant.
Declarant's obligation to deficit fund is not a guarantee of the Assessments as contemplated by
Section 720.308, Florida Statutes.
Section 13. Subordination of the Lien to Mortgages. To the extent permitted by Florida law,
the liability of a first mortgagee or its successor or assigns, who acquire title to a Lot by foreclosure or
by deed in lieu of foreclosure, for the unpaid Assessments that became due before the mortgagee's
acquisition of title is limited to the lesser of: (1) the Lot's unpaid common expenses and regular
periodic Assessments which accrued or came due during the 12 months immediately preceding the
acquisition of title and for which payment in full has not been received by the Association; or (2) one
percent (1 %) of the original mortgage debt. No sale or transfer shall relieve any portion of the Property
from liability for any Assessments thereafter becoming due, nor from the lien of any such subsequent
Assessment. The written opinion of either the Declarant or the Association that the lien is subordinate to
a mortgage shall be diapositive of any question of subordination.
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Section 14. Exempt Propert y. The Board of Directors shall have the right to exempt any Lot
subject to this Declaration from the assessments, charge and lien created herein provided that such part
of the Property exempted is used (and as long as it is used) for any of the following purposes:
(a) As an easement or other interest therein dedicated and accepted by the
local public authority and devoted to public use;
(b) As Common Area, as defined in Article I hereof; and
(c) As property exempted from ad valorem taxation by the laws of the State of
Florida, to the extent agreed to by the Association.
Section 15. Allocation and Apportionment. The Board of Directors of the Association shall
not be required to allocate or apportion the funds collected by it or the expenditures therefrom between
or among owners of the Property, nor shall the Board be required to allocate or apportion the funds
collected pursuant to this Declaration or expenditures therefrom between the various purposes specified
in this Declaration. The judgment of the Board as to the expenditure of said funds shall be final. The
funds collected may be expended for the mutual benefit of the Members of the Association at the
discretion of the Board of Directors of the Association.
Section 16. Townhome Unit Maintenance Assessments Following Declarant Turnover. After
Turnover or Transition (as defined in Section 720.307, Florida Statutes), Owners of Townhome Lots
within the Thornbrooke community shall be required to establish a Townhome Owners Committee for
determining and recommending to the Board of Directors the amount of reserve funds that shall be
included in annual Assessments to be paid by Townhome Lot Owners for Association maintenance of
Townhome Lots, pursuant to Article VII, Section 8(a) below. The Townhome Owners Committee shall
provide the aforementioned recommended reserve funds for maintenance of Townhome Lots to the
Board of Directors at least sixty (60) days prior to the Board's annual deadline for approving the
Association Assessments. The Board shall be required to approve the reserve funds recommended by
the Townhome Owners Committee unless such proposed reserve funds is not in compliance with this
Declaration, the Articles, the By -Laws or Florida law. Any reserve funds paid through annual
Assessments for maintenance of Townhome Lots must be deposited into a separate bank account from
general funds of the Association and other reserves and must be used only for the benefit of Townhome
Lots. The Townhome Owners Committee shall be comprised of at least three (3) members and shall be
elected from among the Owners of Townhome Lots only (not by any Owner of a detached Residential
Unit), pursuant to the voting procedures set forth in the Articles and By -Laws of the Association.
Election s for Townhome Owners Committee members shall be conducted every two (2) years.
ARTICLE VI. EXTERIOR MAINTENANCE OF DETACHED RESIDENTIAL
UNITS
Section 1. Exterior Maintenance. In addition to maintenance upon the Common Area, the
Association may, at the option of the Board of Directors, provide certain routine exterior maintenance
upon any Lot on which a detached Residential Unit may be constructed to maintain a uniform high
quality appearance of the Lot and to preserve the value, quality and beauty of the Lot, including paint
and repair of roofs, gutters, downspouts, exterior building surfaces, paved parking areas, sidewalk areas,
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and maintenance of trees, shrubs, grass, walks, yard cleanup and other exterior improvements.
Maintenance of Townhome Lots is addressed in Article VII below.
Section 2. Assessment of Cost. The cost of maintenance performed by the Association as
provided in Section I above shall be assessed against the Lot upon which such maintenance is
performed or, in the opinion of the Board of Directors of the Association, benefiting from same. The
assessment shall be apportioned among the Lot(s) involved by the Board of Directors, as they shall
deem appropriate. The exterior maintenance assessments shall not be considered part of the annual
maintenance assessment or charge. Any such special assessment or charge shall be a lien against the
Property and obligation of the Owner(s) and shall become due and payable in all respects, together with
interest and fees for costs of collection, as provided for the other assessments of the Association. The
Board of Directors when establishing the annual assessment against each Lot for any assessment year
may add thereto the estimated cost of the exterior maintenance for that year and may thereafter make
such adjustment as is necessary to reflect the actual cost thereof.
Section 3. Access at Reasonable Hours. For the purpose of performing the duties authorized
by this Article, the Association, through its duly authorized agents or employees, shall have the right,
after reasonable notice to the Owner, to enter upon any portion of the Property at reasonable hours on
any day except Saturday or Sunday. In the case of emergency repairs, access will be permitted at any
time with only such notice as is practically affordable under the circumstances.
ARTICLE VII. EASEMENTS AND MAINTENANCE OF TOWNHOMES
Section 1. Access Easements. Declarant does hereby establish and create for the benefit of
the Association and for the benefit of any and all Owners of Townhome Lots, their tenants, invitees and
mortgagees, and does hereby give, grant and convey to each of the aforementioned, the following
easements, licenses, rights and privileges:
(a) Right -of -way for ingress and egress by vehicles or on foot, as practicable,
in, through, over, under and across the streets, roads and walks within Common Areas located within the
portion of the Property within which Townhome Lots are located (as they may be built or relocated in
the future) for all purposes; and
(b) Right -of -way for ingress and egress for pedestrian traffic and for access,
as necessary, over, under, and across the Access Areas for each Townhome Lot. This easement shall not
be construed to permit the operation of any type of motorized vehicle on any portion of the Access
Areas of a Townhome Lot, except as my be required or pennitted by other easements providing for
maintenance, construction or access by emergency vehicles.
Section 2. Public Easements. Fire, police, health, sanitation and other public service
personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and
across the portion of the Property within which Townhome Lots are located as needed.
Section 3. Easements for Encroachments on Townhome Lots or Common Areas. There
shall be an easement for encroachment in favor of the Association and all Townhome Lot Owners in the
event any Townhome Dwelling Unit now or hereafter encroaches upon any other Townhome Dwelling
Unit as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or
movement. The encroaching improvements shall remain undisturbed for so long as the encroachment
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exists. Any easement for encroachment shall include an easement for the maintenance and use of the
encroaching improvement in favor of the Townhome Dwelling Unit Owners, their designees,
mortgagees and the Association. If any portion of any Townhome Lot encroaches upon the Access
Areas and Common Areas within portions of the Property within which Townhome Lots are located as a
result of the construction, reconstruction, repair, shifting settlement or moving of any portion of the
Property, a valid easement for the encroachment and for the maintenance of same shall exist so long as
the encroachment exists.
Section 4. Easement for Sprinkler System. Declarant hereby reserves to itself and grants to
the Association, its employees, subcontractors, agents and designees, a non - exclusive, perpetual
easement over, through, across and under each Townhome Lot for the installation, maintenance,
operation, repair and replacement of sprinkler system lines and sprinkler heads, which lines and heads
are hereby deemed to be the property of the Association; provided, however, no lines shall be located
under a Dwelling Unit on a Townhome Lot. Should a sprinkler line(s) or sprinkler head(s) be required
to be maintained, repaired or replaced as a result of the negligence by an Owner, his family, servants,
guests or invitees, the applicable Owner shall be responsible for the costs thereof, and the Association
shall have the right to levy an assessment against the Owner of said Townhome Lot for same, which
assessment shall have the same force and effect as all other special assessments.
Section 5. Utility Easement. Declarant hereby reserves to itself and grants to the Owner of
each Townhome Lot a non - exclusive, perpetual easement on, over, under and across the Common Areas
and all other Townhome Lots for the installation, maintenance, operation, repair and replacement of
utility lines, including water and sanitary sewer lateral pipes servicing the Townhome Lot, together with
wires, pipes, conduits, cable television lines, telephone lines and equipment and drainage lines.
Specifically, but not by way of limitation, easements are granted under the Townhomes constructed on
Townhome Lots for all electric, gas and plumbing lines and easements are granted through the attic
space of the Townhomes for the placement of air conditioning and mechanical lines.
Section 6. Utility Meter Easement. Each Townhome in Thornbrooke will be serviced by an
individual utility meter measuring the utility usage for the Townhome. Each Townhome Lot will have a
ten (10) foot utility easement for maintenance, repair and replacement of utilities meters for such lot
running generally along the eastern boundary of each Townhome Lot adjacent to Merry Brook Circle as
more particularly shown on the Thornbrooke Phase 1 plat.
Section 7. Easements of Sup oo . Cross easements of support and use over, upon, across,
under, through and into the Common Structural Elements of Townhome Units and an ingress /egress
easement over the shared entry access sidewalks for such Townhome Units are hereby granted in favor
of the Townhome Owners or their designees for the continued use, benefit and enjoyment and continued
support, service, maintenance, repair, replacement and design of all Townhomes, Common Structural
Elements and the shared entry access sidewalks within any portion of the Property.
Section 8. Townhome Lot Maintenance.
(a) Association.
(1) The Association, through action of its Board of Directors, shall be
solely responsible for providing exterior maintenance upon the Maintenance Areas of Townhome Lots
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as follows: repair and replace roofs, gutters, downspouts, and paint, stain and /or stucco or stain exterior
building surfaces including window and door trim and caulking, as originally installed by Declarant. It
is the intent of this section that the Association will undertake maintenance activities necessary or
desirable to maintain an attractive, uniform appearance of each Townhome. If, in the performance of its
maintenance activities, the Association determines that other repairs or replacements to the Townhome,
including structural repairs, are required before it can provide required maintenance to a Maintenance
Area, the Association will give notice to the Owner of the needed repair or replacement and a reasonable
time to effect the required repair or replacement. If the Owner fails to obtain any necessary
Architectural Review Board approval for and effect the needed repair or replacement within the time
allowed, the Association may make the repair or replacement and assess the cost thereof to the
Townhome Lot Owner. The Association shall provide maintenance inspections every six (6) months,
with annual maintenance as needed, at the level of service determined by the Association. Each Owner
shall be responsible for promptly notifying the Association of any required maintenance which the
Association is obligated to provide.
(2) The Association shall maintain in good repair and replace as
necessary that part of the drainage structures, landscaping, trees, shrubs, grass and sprinkler systems
situated on each Townhome Lot, all as originally installed by Declarant. The Association shall not
maintain any additional or replacement landscaping or grass installed by any Townhome Lot Owner, nor
will it maintain any deck or patio area of a Townhome Dwelling Unit or plantings thereon, which will
specifically be the responsibility of the Townhome Lot Owner to maintain. The Association shall be
responsible for irrigating and the irrigation system the grassed area and landscaping on the Townhome
Lot excluding grass and landscaping NOT originally installed by Declarant. The time and frequency of
watering shall be determined by the Association subject to applicable rules of the St. Johns River Water
Management District. The cost of sprinkling as well as the maintenance and repair of the sprinkling
system shall be an operating expense for Townhome Lots. The cost and expense of repair, maintenance
and replacement of any part of the sprinkler system damaged by a Lot Owner, his family, lessees,
guests, servants or invitees, may be assessed against said Townhome Lot.
(3) The City of Sanford will provide for garbage removal for all
Townhome Lot Owners and all single- family dwellings. Each Townhome Lot Owner and single - family
dwelling owner shall pay the City for such garbage removal.
(b) Lot Owner. The Townhome Lot Owner is responsible to maintain and
repair everything on the Townhome Lot, including, but not limited to, the Townhome Dwelling Unit,
and any other improvements including but not limited to deck and patio areas, irrigation systems,
plantings and others, except for items which the Association is required to maintain, as specifically
provided in the paragraphs above. The Association shall not maintain any other portion of the
Townhome Lot and improvements thereon. Townhome Lot Owners shall also be responsible for the
maintenance, repair and replacement, if applicable, of water and sanitary sewer lateral pipes servicing
their Townhome Dwelling Units, which laterals extend from the right -of -way to the Townhome
Dwelling Units, notwithstanding that a portion of such lateral may be located within the Common Area.
The Townhome Lot Owner is responsible to maintain, repair and replace the air- conditioning and
heating system and appurtenances thereto, servicing the Townhome Dwelling Unit and improvements
located on his Townhome Lot and any other portion of the air - conditioning and heating system or
appurtenances thereto servicing his Townhome Dwelling Unit which may be located on the Common
Area. The Townhome Lot Owner shall be responsible for damage to the Townhome Dwelling Unit and
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JAXA 798314_18
its contents caused by water intrusion into the Townhome Dwelling Unit unless such intrusion is caused
solely by the negligence of the Association in failing to maintain the roof of the Townhome. The
Townhome Lot Owner shall be responsible for maintenance, repair and replacement of driveways
associated with the ' Townhome.
Section 9. Disrepair of Townhome Dwelling Units and Townhome Lots. If the Owner of
any Townhome Lot shall fail to maintain his Townhome Lot, and the improvements situated thereon, as
required by any provision of this Declaration, in a manner reasonably satisfactory to the Board of
Directors of the Association or any committee established by such Board, upon direction of the Board of
Directors, the Association shall have the right, through its agents and employees, to enter upon the
Townhome Lot to maintain and restore the improvements erected on such Townhome Lot. The cost of
any maintenance supplied by the Association pursuant to this Section shall be added to and become part
of the Assessment to which such Townhome Lot is subject.
Section 10. Access at Reasonable Hours. For the purpose solely of performing the
maintenance required by this Article, the Association, through its duly authorized agents and employees,
shall have the right, without notice, to enter upon any Owner's Townhome Lot at reasonable hours on
any day except Sunday and legal holidays.
Section 11. Exterior Maintenance Assessment. The Association, through action of its Board
of Directors, shall provide exterior maintenance upon each Townhome Lot as provided in this Article
VII. The cost of the exterior maintenance referred to in this Article VII shall be paid by the Owners of
Townhome Lots as general assessments. In the event any Common Structural Element, as defined
below, or part thereof located within a Townhome Lot requires routine maintenance, repair or
replacement and the necessity for such routine maintenance, repair or replacement was not due to any
act or failure to act on the part of the Owner of the Townhome Lot in question, the cost of such routine
maintenance, such as repairing cracks in the stucco, will be performed by the Association and the costs
and expenses of such routine maintenance shall be part of the operating expenses of the Association and
shared by all Townhome Lot Owners within the portion of the Property in which Townhome Lots are
located.
Section 12. Public Liability Insurance. Each Townhome Lot Owner shall obtain and maintain
a comprehensive policy of public liability insurance naming the Association and, until Declarant no
longer owns any Townhome Lots within the Property, Declarant as additional insureds thereof insuring
against any and all claims or demands made by any person or persons whomsoever for personal injuries
or property damage received in connection with, or arising from, the operation, maintenance and use of
the Townhome Lot and any improvements located thereon, and for any other risks insured against by
such policies with limits of not less than One Hundred Thousand Dollars ($100,000.00) for damages
incurred or claimed by any one person for any one occurrence; not less than Three Hundred Thousand
Dollars ($300,000.00) for damages incurred or claimed by more than one person for any one occurrence;
and for not less than Fifty Thousand Dollars ($50,000.00) in property damage per occurrence with no
separate limits stated for the number of claims.
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ARTICLE VIII. TOWNHOME DEVELOPMENT
Section 1. Townhome Common Structural Elements.
(a) Definition. Each Building contains or shall contain certain elements,
features or parts which are structural elements of the Building or of more than one Townhome Dwelling
Unit (such elements, features, or parts being hereinafter referred to as "Common Structural
Elements "). The Common Structural Elements of each Building shall include the following:
(1) Party Walls. All division walls between two (2) Townhomes
beginning at the unfinished surface of each side of such wall (hereinafter referred to as "Party Walls ")
located upon a Townhome Property Line between two (2) Townhomes, provided that the mere fact such
a division wall between two (2) Townhomes is found not to be on a Townhome Property Line shall not
preclude such division wall from being a Party Wall.
(2) Roofing. The entire roof of the Building, any and all roof support
structures, and any and all appurtenances to such roof and roof support structures, including, without
limitation, the roof trusses, all of which are collectively referred to herein as the "Roofing." Should the
Roofing or part thereof extend beyond the Townhomes, same shall not be deemed to violate the
provisions of this Declaration and such easements as may be necessary to accommodate and permit the
Roofing as same shall be constructed or hereby imposed.
(3) Foundation. The entire foundation and all supporting outer walls
and appurtenances thereto, all of which are collectively referred to as the "Foundation." Should the
Foundation or part thereof extend beyond the Townhomes, same shall not be deemed to violate the
provisions of this Declaration and such easements as may be necessary to accommodate and permit the
Foundation as same shall be constructed or thereby imposed.
Section 2. General. Each Owner shall own that portion of the Party Wall which stands on
his own Townhome Lot. To the extent not inconsistent with the provisions of this Article, the general
rule of law regarding party walls and liability for property damage due to negligence or willful acts or
omissions shall apply to each Party Wall which is built by Declarant as part of the original construction
of the Townhome Dwelling Units upon the Townhome Lots and any replacement thereof.
If any portion of any structure, as originally constructed by Declarant or its designee, including
any Party Wall, shall protrude over two (2) adjoining Townhome Lots, it shall be deemed that said
Owners have granted perpetual easements to the adjoining Owner or Owners for continuing
maintenance and use of the projection, Party Wall. The foregoing shall also apply to any replacements
of any structures, Party Walls, if same are constructed in conformance with the original structure, Party
Wall. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of
these covenants and restrictions.
Section 3. Sharing Maintenance or Rem. The costs of reasonable repair and maintenance
of Common Structural Elements located with portions of the Property upon which Townhomes are
constructed shall be shared equally by the Owners who make use of the wall in proportion to such use,
except as otherwise provided herein. Such costs shall not be an Operating Expense.
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Section 4. Destruction by Fire or Other Casualty. Each Townhome Lot Owner shall
maintain property insurance providing fire and extended coverage at full replacement cost, less a
reasonable deductible, on all insurable improvements located on such Owner's Townhome Lot. In
addition, every Owner shall be obligated to obtain and maintain at all times insurance covering
consequential damages to any other Townhome Lot or the Common Area due to occurrences originating
within the Owner's Townhome Lot caused by the negligence of the Owner, the failure of the Owner to
maintain the Townhome Lot, and any other casualty within the Townhome Lot which causes damage to
the Townhome Lots owned by others or the Common Area, to the extent such coverage is not provided
by policies maintained by the Association or to the extent insurable losses may result in the Owner's
liability for payment of deductibles under the Association's policies. Such insurance policy or policies
shall name the Association as an additional insured. Unless a Mortgagee is named as the loss payee
under any such policy, the Association shall be named as an additional loss payee.
In the event of damage to or destruction of a structure on a Townhome Lot, the Association shall
promptly repair or reconstruct the structure in a manner consistent with the original construction or other
plans and specifications using the insurance proceeds and to the extent the insurance proceeds are
inadequate, the Owner or Owners whose Townhomes have been damaged shall be responsible for the
deficiency between the costs of the repair and the proceeds from the insurance. Further, the Association
shall be entitled to levy on the Owner an Assessment or special charge equal to the cost of performing
such repair or reconstruction and any such Assessment or special charge shall constitute a lien upon the
applicable Home with the same force and effect as a lien for Operating Expenses.
Each Owner shall provide to the Association a certificate evidencing such insurance within ten
(10) days of any written request from the Board of Directors. In addition, if the Board so requests, each
Owner shall file with the Association a copy of the individual policy or policies covering his or her
Townhome Lot. Each Owner shall promptly notify the Board in writing in the event such policy on his
or her Townhome Lot is canceled. In the event that an Owner fails to obtain any insurance which the
Owner is required to obtain hereunder, or permits such insurance to lapse, the Association may, but shall
not be obligated to, obtain such insurance on behalf of the Owner and the Association shall be entitled to
levy on the offending Owner a Special Assessment or special charge equal to the cost of obtaining such
insurance and any such Special Assessment or special charge shall constitute a lien upon the applicable
Townhome with the same force and effect as a lien for Operating Expenses.
Section 5. Damage to Buildings. The Owner or Owners of Townhomes in any damaged
Townhome Building and the Association shall be obligated to proceed with all due diligence hereunder
and the Association shall commence reconstruction within three (3) months after the damage occurs and
complete reconstruction within one (1) year after the damage occurs, unless prevented by causes beyond
the Association's reasonable control.
Section 6. Easement for Repairs. If repairs or reconstruction to the Common Structural
Elements shall be necessary, all necessary entries on or into the adjacent Townhome Dwelling Unit upon
the Adjacent Townhome Lot shall not be deemed a trespass so long as the repairs and reconstruction
shall be done in a timely and workmanlike manner. Consent is hereby given to enter on or into adjacent
Townhome Dwelling Units to effect necessary repairs and reconstruction.
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JAXA 798314_18
Section 7. Right to Contribution Runs with Land. The right of any Townhome Lot Owner to
contribution from any other Townhome Lot Owner under this Article shall be appurtenant to the land
and shall pass to such Townhome Lot Owner's successors in title.
Section 8. Weather Proofing. Notwithstanding other provisions of this Article, a Townhome
Lot Owner who by his negligent or willful act causes a Party Wall to be exposed to the elements, shall
bear the whole cost of furnishing the necessary repair and protection against such elements.
Section 9. Alterations. The Owner of a Townhome Dwelling Unit sharing a Party Wall with
an adjoining Townhome Dwelling Unit shall not cut windows or other openings in the Party Wall, nor
make any alterations, additions or structural changes in the Party Wall.
Section 10. Structural Cross Easements. Cross easements of support and use over, upon,
across, under, through and into the Common Structural Elements shall exist in favor of the Association,
the Townhome Owners or their designees for the continued use, benefit and enjoyment and continued
support, service, maintenance, repair and design of all Townhome Dwelling Units and Common
Structural Elements within any of the Buildings.
ARTICLE IX. THORNBROOKE ARCHITECTURAL CONTROL
Section 1. Review and Approval. Other than the improvements constructed upon the
Property by the Declarant, no structure or improvement (individually, an "Improvement" and
collectively the "Improvements "), including without limitation, landscaping and landscaping devices,
buildings, fences, walls, signs, site paving, grading, parking and building additions, alterations, screen
enclosures, decorative building features, aerials, antennae, bulkheads, sewers, drains, disposal systems
or other structures, improvements or objects shall be commenced, erected, placed or maintained upon
any portion of the Property, nor shall any addition to or change or alteration thereof be made until the
plans, specifications and locations of the same shall have been submitted to and approved in writing as
to harmony of external design, location in relation to surrounding structures and topography and
conformance with architectural planning criteria, as established by the Board of Directors of the
Association from time to time, or by the applicable architectural control committee thereof, in
accordance with the provisions of the By -Laws of the Association. The approval or disapproval of the
Association shall be dispositive and shall take precedence over the approval, if any, of any property
owner's association for the area in which any such portion of the Property is located. All Owners shall
be required to obtain Architectural Review Board approval (or Board approval, if applicable) for the
aforementioned structures and improvements prior to submitting" plans for such structures and
improvements to Seminole County or other applicable governmental agency.
Section 2. Architectural Review Board. The architectural review and control functions of
the Association shall be administered and performed by the Architectural Review Board ( "ARB "),
which shall consist of three (3) members who need not be members of the Association. The Declarant
shall have the right to appoint all of the members of the ARB, or such lesser number as it may choose, as
long as it owns at least one Lot in Thornbrooke. Members of the ARB not appointed by Declarant shall
be appointed by and serve at the pleasure of the Board of Directors of the Association. A majority of the
ARB shall constitute a quorum to transact business at any meeting of the ARB, and the action of a
majority present at a meeting at which a quorum is present shall constitute the action of the ARB. Any
vacancy occurring on the ARB because of death, resignation or other termination of service of any
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member thereof shall be filled by the Board of Directors; provided, however, that the Declarant, to the
exclusion of the Board, shall fill any vacancy created by the death, resignation, removal or other
termination of services of any member of the ARB appointed by the Declarant.
Section 3. Powers and Duties of the ARB. The ARB shall have the following powers and
duties:
(a) To recommend, from time to time, to the Board of Directors of the
Association modifications and /or amendments to the architectural planning criteria. Any modification or
amendment to the architectural planning criteria shall be consistent with the provisions of this
Declaration, and shall not be effective until adopted by a majority of the members of the Board of
Directors of the Association at a meeting duly called and noticed at which a quorum is present and
voting.
(b) To require submission to the ARB of two (2) complete sets of all plans
and specifications for any improvement or structure of any kind, including, without limitation, any
building, fence, wall, site paving, grading, parking, screen enclosure, sewer, drain, disposal system,
decorative building feature, landscape device or object, or other improvement, the construction or
placement of which is proposed upon any of the Property signed by the Owner thereof and contract
vendee, if any. The ARB shall also require submission of samples of building materials proposed for
use on the Property, and may require such additional information as may reasonably be necessary for the
Board to completely, evaluate the proposed structure or improvement in accordance with this Declaration
and the Architectural Planning Criteria.
(c) To approve or disapprove any improvement or structure of any kind,
including, without limitation, any building, fence, wall, site paving, grading, parking, building addition,
screen enclosure, sewer, drain, disposal system, decorative building feature, landscape device or object
or other improvement or change or modification thereto, the construction, erection, performance or
placement of which is proposed upon the Property and to approve or disapprove any exterior additions,
changes, modifications or alterations therein or thereon. The ARB shall have forty five (45) days from
receipt of complete sets of plans and specifications, as set forth more fully in subsection (b) above, to
either approve, deny or require changes to the plans and specifications. If the ARB does not provide
written notice of approval, denial or requirement for changes to the plans and specifications within said
45 -day period, the plans and specifications shall automatically be deemed denied. All decisions of the
ARB shall be submitted in writing to the Board of Directors of the Association, and evidence thereof
may, but need not, be made by a certificate, in recordable form, executed under seal by the President or
any Vice President of the Association. Any party aggrieved by a decision of the ARB shall have the
right to make a written request to the Board of Directors of the Association, within forty five (45) days
of such decision, for a review thereof. The determination of the Board upon reviewing any such
decision shall be dispositive as to Association approval or denial.
(d) To approve or disapprove any change, modification or alteration to any
improvement or structure as hereinabove described, and the plans and specifications, if any, upon which
such change, modification or alteration is based, prior to commencement of construction of such change,
modification or alteration. If any improvement or structure as aforesaid shall be changed, modified or
altered without prior approval of the ARB of such change, modification or alteration, and the plans and
specifications therefbre, if any, then the Owner shall, upon demand, cause the improvements or structure
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to be restored to comply with the plans and specifications originally approved by the ARB and shall bear
all costs and expenses of such restoration, including costs and expenses of such restoration, and costs
and reasonable attorneys' fees of the ARB.
(e) To adopt a schedule of reasonable fees for processing requests for ARB
approval of proposed improvements. Such fees, if any, shall be payable to the Association, in cash, at
the time that plans and specifications are submitted to the ARB. Any such fees not paid when due shall
constitute a lien upon the Lot, enforceable in accordance with the provisions of Article V hereof.
Section 4. Limited Liability. In connection with all reviews, acceptances, inspections,
permissions, consents or required approvals by or from the Declarant, the Association or the ARB
contemplated under this Article, neither the Declarant, the ARB nor the Association shall be liable to an
Owner or to any other person on account of any claim, liability, damage or expense suffered or incurred
by or threatened against an Owner or such other person and arising out of or in any way related to the
subject matter of any such reviews, acceptances, inspections, permissions, consents or required
approvals, whether given, granted or withheld by the Declarant, the Association or the ARB.
ARTICLE X. USE RESTRICTIONS
All of the property shall be held, used and enjoyed subject to the following limitations and
restrictions, the Initial Use Restrictions set forth in Exhibit "D" attached hereto and incorporated
herein, any and all additional rules and regulations which may, from time to time, be adopted by the
Association, except as provided in Article VIII, Section 28 below:
Section 1. Enforcement. Failure of an Owner to comply with any limitations or restrictions
in this Declaration, the Articles or By -Laws of the Association with any rules and regulations
promulgated by the Association shall be grounds for action which may include, without limitation, an
action to recover sums due for damages, injunctive relief or any combination thereof. Without limiting
the generality of the foregoing, an Owner shall also be responsible for the payment of any and all legal
fees incurred by the Association in connection with the enforcement of this Declaration, the Articles or
By -Laws of the Association or with any rules or regulations promulgated by the Association, whether or
not an action is actually begun. Any such legal fees shall be paid not later than thirty (30) days after
written notice thereof and if not paid within such thirty (30) day period, shall constitute a lien upon the
applicable Lot and Residential Unit with the same force and effect as a lien for operating expenses.
In addition to all other remedies, the Association may suspend, for a reasonable period of time,
any or all of the rights of an Owner or an Owner's tenants, guests or invitees to use the Common Area of
the Association and facilities; may suspend the voting rights of an Owner if such Owner is delinquent in
payment of assessments for more than ninety (90) days; and may levy reasonable fines against any
Owner or any Owner's tenant, guest or invitee for failure of such Owner, and /or such Owner's family,
guests, invitees, tenants or employees to comply with this Declaration, the Articles or By -Laws of the
Association, provided the following procedures are adhered to:
(a) Notice. The Association shall notify the Owner in writing of the noncompliance and set
forth the corrective action to be taken. A fine or suspension of use rights may not be imposed without
notice of at least fourteen (14) days to the Owner sought to be fined or suspended and an opportunity for
a hearing before a committee of at least three (3) members appointed by the Board who are not officers,
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directors or employees of the Association, or the spouse, parent, child, brother or sister of an officer,
director or employee of the Association. If the committee, by majority vote, does not approve a
proposed fine or suspension, it may not be imposed. At the Association's option, any fine may be levied
on a daily basis in the event of a continuing violation without the necessity of a new hearing and without
any limitation on the amount of such fine.
(b) Hearin. Should the Owner still be in noncompliance, the noncompliance shall be
presented to the Board after which the Board shall hear reasons why a fine should or should not be
imposed. A written decision of the Board shall be submitted to the Owner, as applicable, not later than
twenty -one (21) days after said meeting.
(c) Payment. A fine shall be paid not later than thirty (30) days after notice of the imposition
of the fine.
(d) Fines. A fine shall be treated as an assessment subject to the provisions of the collection
of assessments as otherwise set forth herein. All monies received from fines shall be allocated as
directed by the Board, subject always to the provisions of this Declaration.
(e) Failure to Pay Assessments. Notice and hearing as provided in subparagraphs (a) and (b)
above shall not be required with respect to the imposition of suspension of use rights or fines upon any
Owner because of such Owner's failure to pay Assessments or other charges when due.
(f) Access. Suspension of use rights to Property of the Association shall not impair the right
of an Owner or tenant of a Lot and /or Residential Unit to have vehicular and pedestrian ingress to and
egress from such Lot and /or Residential Unit, including, but not limited to, the right to park.
Section 2. Single- Family Use. The Residential Units shall be for single - family use only.
Such single- family units may include both detached homes and attached units (e.g., townhomes). No
commercial occupation or activity may be carried on in Thornbrooke except as such occupation or
activity is permitted to be carried on by Declarant under this Declaration. A single - family is defined to
mean any number of persons related by blood, marriage or adoption or not more than two (2) unrelated
persons living as a single housekeeping unit.
Section 3. Residential Units Owned by Entities or Unrelated Persons. It is the intention that
Residential Units be occupied for single - family use. In the event an entity owns a Residential Unit, the
entity shall notify the Association in writing with the names of the family members who shall occupy
the Residential Unit. In the event the Owners of the Residential Unit are unrelated either through blood
or marriage, they shall be permitted to occupy the Residential Unit provided they live as a family unit
similar to a husband and wife. No Residential Unit may be used as a rooming house, hostel or hotel.
Timesharing or other arrangements involving more than three ownership interests in a Lot (including
ownership by more than three persons as joint tenants or tenants -in- common), or assigning separate use
periods of less than seven (7) months' duration, are prohibited.
Section 4. Lake Maintenance and Use.
(a) The right to pump or otherwise remove any water from the lakes and
ponds now existing or which may hereafter be constructed either within Thornbrooke or adjacent or near
thereto, whether for the purpose of irrigation or other use, or the placement of any matter or object in
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such lakes shall require the written consent of the Declarant. The Declarant shall have the sole and
absolute right to control the water level of all lakes and to control the growth and eradication of plants,
fowl, reptiles, animals, fish and fungi in and on such lakes. Such lakes and ponds shall be part of the
Common Area and shall be owned and maintained by the Association. Any Common Area
embankments shall be maintained by the Association so that grass, plantings or other lateral support
shall prevent erosion or the embankment to the lake or pond.
(b) Any Common Area embankments shall be maintained by the Association
so that grass, planting or other lateral support shall prevent erosion of the embankment of the lake. The
height, grade and contour of such embankments shall not be changed without the prior written consent
of the Association or the ARB.
Section 5. Stormwater Management System
(a) Maintenance. The Association shall be responsible for the maintenance,
operation and repair of the Stormwater Management System. Maintenance of the Stormwater
Management System(s) shall mean the exercise of practices which allow the systems to provide
drainage, water storage, conveyance or other stormwater management capabilities as permitted by the
St. Johns River Water Management District (the "District "). The Association shall be responsible for
such maintenance and operation pursuant to District permits, rules and regulations, both prior to and
following the Declarant's turnover of Association control to the Owners. Any repair or reconstruction
of the Stormwater Management System shall be as permitted, or if modified as approved by the District.
(b) Drainage Easement in Favor of City of Sanford. The City of Sanford has
a drainage easement over the stormwater pond located at the southwest corner of the intersection of
White Cedar Avenue and Iowa Avenue. The Association shall own and maintain such stormwater pond,
including the landscaping associated therewith.
(e) Amendment. Any amendment to the Declaration that alters the
Stormwater Management System, beyond maintenance in its original condition, including mitigation or
preservation areas and the water management portions of the common areas, must have the prior
approval of the District.
(d) Enforcement. The 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 Stormwater Management System.
Section 6. City of Sanford.
(a) Drainage Improvements. The City of Sanford will own and maintain
certain underground stormwater drainage facilities along the east side of White Cedar Road adjacent to
the portion of the Property to be developed with attached single - family units. The City has agreed to
allow the Association, through its contractors, to construct an entry monument with signage for the
community over a portion of the City's underground stormwater drainage facilities located at the
intersection of White Cedar Avenue and Blue Mill Way in exchange for an agreement by the
Association to indemnify and hold harmless the City for any damage done to the aforementioned entry
monument by the City in maintaining, repairing and replacing the portion of the stormwater drainage
facilities underlying the monument. The Association shall indemnify and hold harmless the City for any
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damage done by the City, its employees and contractors, to the entry monument located at the
intersection of White Cedar Road and Blue Mill Way during maintenance, repair and replacement
activities associated with the stormwater drainage facilities underlying such monument. The
Association will be responsible for repairing any damage done to the monument by the City in
maintaining, repairing and replacing the portion of the stormwater drainage facilities underlying such
monument.
(b) Sanitary Sewer Improvements. The City of Sanford will own and
maintain certain sanitary sewer lines near the intersection of White Cedar Road and Narcissus Avenue
adjacent to the portion of the Property to be developed with attached single- family units. The City has
agreed to allow the Association, through its contractors, to construct a cast wall around the perimeter of
the portion of the Property to be developed with attached single - family units, and over a section of the
City's sanitary sewer lines, in exchange for an agreement by the Association, to: i) install a gate a length
of twenty (20) feet within such cast wall along Narcissus Avenue east of White Cedar Road, and ii) to
indemnify and hold harmless the City for any damage done to the aforementioned cast wall by the City
in maintaining, repairing and replacing the portion of the sanitary sewer lines underlying the fence. The
Association shall indemnify and hold harmless the City for any damage done by the City, its employees
and contractors, to the cast wall located east of White Cedar Road and south of Narcissus Avenue during
maintenance, repair and replacement activities associated with the sanitary sewer lines underlying such
cast wall. The Association will be responsible for repairing any damage done to the cast wall by the
City in maintaining, repairing and replacing the portion of the sanitary sewer lines underlying such cast
wall.
Section 7. Restrictions, Covenants Running with the Land. The agreements, covenants and
conditions set forth in this Article shall constitute a servitude in and upon the Property and every part
thereof, and shall run with the Property and shall inure to the benefit of and be enforceable by the
Declarant and /or the Association and /or the Owners. Failure to enforce any restrictions, covenants,
conditions, obligations, reservations, rights, powers or charges hereinbefore or hereinafter contained,
however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter
as to such breach or violation occurring prior or subsequent thereto. Failure to enforce such violation
shall not, however, give rise to any liability on the part of the Declarant and /or the Association with
respect to parties aggrieved by such failure.
Section 8. Remedies for Violation. Violation or breach of any condition, restriction or
covenant contained in this Article shall give the Declarant and /or the Association and /or Owners in
addition to all other remedies, the right to proceed at law or in equity to compel compliance with the
terms of said conditions, restrictions or covenants and to prevent the violation or breach of any of them.
The expense of such litigation shall be borne by the then violating Owner or Owners of the Property,
provided such proceeding results in a finding that such Owner was in violation of these restrictions.
Expenses of litigation shall include reasonable attorneys' fees incurred by the Declarant and /or the
Association in seeking such enforcement and all costs of such enforcement action shall constitute part of
the fees. Annual assessment against such Owner shall be enforceable as a lien upon the Property of such
Owner in accordance with the provisions of Article V of this Declaration. The invalidation by any court
of any of the restrictions contained in this Article shall in no way affect any of the other restrictions,
which shall remain in full force and effect.
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Section 9. Improvements. No improvements of any kind including, without limitation, any
building, walkways, recreation areas and facilities, parking areas, berms, fountains, sprinkler systems,
gatehouses, streets, drives, roads, roadways, driveways, fences, retaining walls, underground footers and
other foundation supports, stairs, landscaping, trees, hedges, plantings, poles, shed, play structure, tennis
court, basketball courts, backboards and hoops, soccer goals, jogging, bicycling and walking paths,
swing sets, gym sets, athletic /play equipment, site and perimeter walls, gazebos, benches, mailboxes,
topographical feature, landscaping, lawn sculpture, fence, swimming pool, covered patios, screened
enclosure, street lights and signs, shall be erected, placed or maintained, and no addition, alteration,
modification or change to any such improvement shall be made without the prior written approval of the
ARB, including, but not limited to, painting the Residential Unit in a color other than the color originally
placed by Declarant on the painted surface, replacing the roof using a different type or color than the
roof originally installed, or replacing a garage door or entry doors using a different color and type than
originally installed.
Section 10. Declarant Exemption. Declarant plans to undertake the work of constructing
Residential Units and improvements upon the Property and may undertake the work of constructing
other buildings upon adjacent land or other property being developed or marketed by Declarant or its
affiliates. The completion of the aforementioned work and the sale, rental and other transfer of
Residential Units by Declarant and Declarant's affiliates are essential to the establishment and welfare
of the Property as a residential community. In order that such work may be completed and a fully
occupied community established as rapidly as possible, neither the Owners, the Association, nor the
ARB shall do anything whatsoever to interfere with any of Declarant's or Declarant's affiliates'
activities relating to the selling or constructing of Residential Units and improvements upon the
Property, the selling or constructing of other buildings upon adjacent land or any other property being
developed or marketed by Declarant or any of Declarant's affiliates, or the sale, rental and /or other
transfer of Residential Units by Declarant or any of Declarant's affiliates. In this respect, Declarant
hereby reserves the right for itself and its employees, agents, licensees and invitees to come upon any
and all portions of the Property (including, without limitation, the Association Property as well as a Lot
even after the same has been conveyed to an Owner) as may be necessary or convenient to enable
Declarant to carry on its work and other activities including, without limitation, Declarant's
development and construction of Thornbrooke and the Residential Units therein.
In general, the restrictions and limitations set forth in this Article VIII shall not apply to
Declarant or to Lots owned by Declarant. Declarant shall specifically be exempt from any restrictions
which interfere in any manner whatsoever with Declarant's plans for development, construction, sale,
lease or use of the Property and to the Improvements thereon. Declarant shall be entitled to injunctive
relief for any actual or threatened interference with its rights under this Article VIII in addition to
whatever remedies at law to which it might be entitled.
ARTICLE XI. PLANNED UNIT DEVELOPMENT
Section 1. Common Planned Development. Due to the integrated nature of Thornbrooke
under the terms of City of Sanford Development No. 13 -15, as may be amended from time to time (the
no Owner shall be permitted to construct or modify any improvement on the Property or take any
action of any kind or nature which would result in a modification of the terms and provisions of the PD
without the prior mutual written consent of the Declarant.
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Section 2. No Re- subdividing or Rezoning. No Owner shall be permitted to plat, re -plat,
subdivide, seek a modification to the PD or any other local government development order (as defined
in Chapter 380, Florida Statutes) or apply for a rezoning of any portion of the Property without the prior
written consent of the Declarant.
Section 3. Declarant's Rights. The Declarant shall have the right to modify the PD and any
other local government development order, zoning and future land use designation of any portion of the
Property still under its ownership.
ARTICLE XII. RIGHTS AND EASEMENTS RESERVED BY DECLARANT
Section 1. Utilities. Declarant reserves for itself, its successors, assigns and designees, a
right -of -way and easement to erect, maintain and use utilities, electric and telephone poles, wires,
cables, conduits, storm sewers, sanitary sewers, water mains, gas, sewer, water lines or other public
conveniences or utilities on, in and over any area constituting a private street or right -of -way within the
Property.
Section 2. Drainage. Drainage flow shall not be obstructed or diverted from drainage
easements. The Declarant or the Association may, but shall not be required to, cut drainways for surface
water wherever and whenever such action may appear to either of them to be necessary to maintain
reasonable standards of health, safety and appearance of the Property and surrounding properties. These
easements include the right to cut any trees, bushes or shrubbery, to make any grading of the soil, or to
take any other reasonable action necessary to install utilities and to maintain reasonable standards of
health and appearance but shall not include the right to disturb any improvements erected upon a Lot
which are not located within the specific easement area designated on the plat, in this Declaration, or in
a separate recorded document. Except as provided herein, existing drainage shall not be altered so as to
divert the flow of water onto an adjacent Lot or into sanitary sewer lines or block the drainage flow
between homes.
Section 3. Future Easements. The Declarant reserves the right to impose further restrictions
and to grant or dedicate additional easements and rights -of -way on any Property owned by the
Declarant. In addition, Declarant hereby expressly reserves the right to grant easements and rights -of-
way over, under and through the Common Area. The easements granted by Declarant shall not
materially or adversely affect any improvements or unreasonably interfere with the enjoyment of the
Common Area. Notwithstanding the foregoing, if at any time the Declarant ceases to be a Developer
under this Declaration, any such reservation under this Article X, Section 3 shall also cease.
Section 4. Easements for Maintenance Purposes. The Declarant reserves for itself, its
agents, employees, successors or assigns, an easement in, on, over and upon the Property, each Lot and
the Common Area as may be reasonably necessary for the purpose of preserving, maintaining or
improving marsh areas, lakes, hammocks, wildlife preserves or other areas, the maintenance of which is
to be performed by the Declarant or the Association.
Section 5. Landscaping, Wall, Fence Easement. The Declarant reserves for itself, its agents,
employees, successors or assigns, an easement in, on, over and upon the Property and Lots 1, 2, 13 -17,
inclusive, and 35 -51, inclusive, of the Plat, and any other Lots as may be reasonably necessary for the
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purpose of installing landscaping, walls and fences for the benefit of the Property. The maintenance of
such landscaping, walls and fences shall be performed by the Association.
Section 6. Reservation. In each instance where a structure has been erected, or the
construction thereof is substantially advanced in such a manner that the same violates the restrictions
contained in this Declaration or in such a manner that the same encroaches upon any property line or
easement area, the Declarant reserves for itself the right to release the Lot from the restriction from
which it violated and to grant an exception to permit the encroachment by the structure over the property
line, or in the easement area, so long as the Declarant agrees and determines that the release or exception
will not materially and adversely affect the health and safety of Owners, the value of adjacent Lots and
the overall appearance of the Property.
ARTICLE XIII. RIGHTS GRANTED BY DECLARANT
Section 1. Thornbrooke Roadways. Most of the roadways within Thornbrooke will be
owned and maintained by the City of Sanford. For roads that are not dedicated to and maintained by the
City, each Owner and its guests and invitees, and all delivery, pickup and fire protection services, police
and other authorities of the law, United States mail carriers, representatives of utilities authorized by the
Declarant or Association to serve the Property, holders of mortgage liens on any Lot and such other
persons as the Declarant or the Association has designated or may from time to time designate, shall
have the non - exclusive and perpetual right of ingress and egress over such roadways.
Section 2. Thornbrooke Roadways and Parking Areas. The Thornbrooke roadways and
rights -of -way that are not dedicated to the City of Sanford for ownership and maintenance shall
constitute part of the Common Area. Certain parking facilities within Thornbrooke, to the extent not
owned or conveyed as part of a Lot or designated for the exclusive use of a particular Lot Owner to the
exclusion of other Owners, may constitute Common Area if so designated by the Declarant. Each
Owner and its guests, invitees, all delivery, pick up, fire protection services, police, other authorities of
the law, mail carriers, representatives of utilities authorized by the Declarant or the Association to serve
the Property and such other Persons as the Declarant or the Association has designated or may
designate, shall have the non - exclusive and perpetual right of ingress or egress for pedestrian and
vehicular access over and across the Thornbrooke roadways that are not dedicated to the City of Sanford
and all Common Area parking, subject to matters referenced in Articles III and XI hereof. Parking on
Lots is restricted to garages and driveways only. Owners are prohibited from parking on Thornbrooke
roadways.
ARTICLE XIV. DISPUTE RESOLUTION
Section 1. In General. This Article XII contains procedures concerning disputes between an
Owner and the Association, as well as between (i) an Owner and /or Declarant and (ii) the Association
and Declarant, related to the Thornbrooke or each other. Regarding disputes between an Owner and
Declarant, the procedures in this Article XII do not replace Declarant's customer or warranty service
procedures, and Owners are encouraged to resolve disputes through those procedures prior to initiating
any procedures hereunder.
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Section 2. Disputes Between Association and Owners. All disputes, controversies, claims
and demands between the Association and any Owner pertaining to the subject areas described in Article
XII shall be governed by the procedures set forth in herein.
Section 3. Disputes Between Association/Owner and Declarant. Any and all claims,
disputes and /or other controversy between the Association or any Owner and Declarant (or any affiliated
general contractor or affiliated contractor, or any officer, director, member, shareholder, partner,
employee or agent thereof, individually and collectively referred to as "Declarant" for purposes of this
Article) or any non - affiliated general contractor, non - affiliated contractor, subcontractor, material
supplier, individual product manufacturer, design professional or any other person or entity that
provided materials, labor or other services to the Property or a Residential Unit on behalf of Declarant,
relating to this Declaration, the use, condition, design, specifications, surveying, grading, construction,
installation, budgeting and /or performance of any Improvements in the Common Area or the Residential
Unit, whether based in contract, tort or statute violation, shall be subject to the provisions set forth in
Section 4 of this Article XII of this Declaration, and /or, with respect to any such disputes between an
Owner and Declarant, the provisions of the purchase agreement between such Owner and Declarant
and /or the provisions of any warranty provided by Declarant to such Owner.
Section 4. Dispute Resolution. ANY AND ALL CLAIMS, CONTROVERSIES,
BREACHES OR DISPUTES BY OR BETWEEN ANY OWNER AND THE ASSOCIATION
AND /OR DECLARANT (COLLECTIVELY REFERRED TO AS THE 'BOUND PARTIES" AND
INDIVIDUALLY AS A 'BOUND PARTY "), ARISING OUT OF OR RELATED TO THE
PROPERTY, THE SUBDIVISION OR COMMUNITY OF WHICH THE PROPERTY IS A PART,
THE SALE OF THE PROPERTY BY DECLARANT, OR ANY TRANSACTION RELATED
THERETO, WHETHER SUCH DISPUTE IS BASED ON CONTRACT, TORT, STATUTE OR
EQUITY, INCLUDING WITHOUT LIMITATION, ANY DISPUTE OVER (a) BREACH OF
CONTRACT, (b) NEGLIGENT OR INTENTIONAL MISREPRESENTATION OR FRAUD, (c)
NONDISCLOSURE, (d) BREACH OF ANY ALLEGED DUTY OF GOOD FAITH AND FAIR
DEALING, (e) ALLEGATIONS OF LATENT OR PATENT DESIGN OR CONSTRUCTION
DEFECTS, INCLUDING WITHOUT LIMITATION, PURSUANT TO THE PROVISIONS OF
CHAPTER 558, FLORIDA STATUTES, (f) THE PROPERTY, INCLUDING WITHOUT
LIMITATION, THE PLANNING, SURVEYING, DESIGN, ENGINEERING, GRADING,
SPECIFICATIONS, CONSTRUCTION OR OTHER DEVELOPMENT OF THE PROPERTY, THE
PARCEL /TRACT OR THE COMMUNITY OF WHICH THE PROPERTY IS A PART, (g)
DECEPTIVE TRADE PRACTICES, OR (h) ANY OTHER MATTER ARISING OUT OF OR
RELATED TO THE INTERPRETATION OF ANY TERM OR PROVISION OF THIS
DECLARATION, OR ANY DEFENSE GOING TO THE FORMATION OR VALIDITY OF THIS
DECLARATION, OR ANY PROVISION OF THIS DECLARATION OR ANY EXHIBITS HERETO
(EACH A "DISPUTE "), SHALL BE ARBITRATED PURSUANT TO THE FEDERAL
ARBITRATION ACT AND SUBJECT TO THE PROCEDURES SET FORTH AS FOLLOWS:
(c) THIS AGREEMENT TO ARBITRATION SHALL BE DEEMED TO BE
A SELF-EXECUTING ARBITRATION AGREEMENT. ANY DISPUTE CONCERNING THE
INTERPRETATION OR THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
INCLUDING WITHOUT LIMITATION, ITS REVOCABILITY OR VOID ABILITY FOR ANY
CAUSE, ANY CHALLENGES TO THE ENFORCEMENT OF THIS ARBITRATION AGREEMENT,
OR THE SCOPE OF ARBITRATABLE ISSUES UNDER THIS ARBITRATION AGREEMENT,
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AND ANY DEFENSE RELATING TO THE ENFORCEMENT OF THIS ARBITRATION
AGREEMENT, INCLUDING WITHOUT LIMITATION, WAIVER, ESTOPPEL OR LACHES,
SHALL BE DECIDED BY AN ARBITRATOR IN ACCORDANCE WITH THIS ARBITRATION
AGREEMENT AND NOT BY A COURT OF LAW.
(d) IN THE EVENT THAT A DISPUTE ARISES BETWEEN THE BOUND
PARTIES, SUCH DISPUTE SHALL BE RESOLVED BY AND PURSUANT TO THE
ARBITRATION RULES AND PROCEDURES OF JUDICIAL ARBITRATION AND MEDIATION
SERVICES ( "JANIS ") IN EFFECT AT THE TIME THE REQUEST FOR ARBITRATION IS
SUBMITTED. IN THE EVENT JAMS IS FOR ANY REASON UNWILLING OR UNABLE TO
SERVE AS THE ARBITRATION SERVICE, THE BOUND PARTIES SHALL SELECT ANOTHER
REPUTABLE ARBITRATION SERVICE. IF THE BOUND PARTIES ARE UNABLE TO AGREE
ON AN ALTERNATIVE SERVICE, THEN EITHER BOUND PARTY MAY PETITION ANY
COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH THE PROPERTY IS
LOCATED TO APPOINT SUCH AN ALTERNATIVE SERVICE, WHICH SHALL BE BINDING ON
THE BOUND PARTIES, THE RULES AND PROCEDURES OF SUCH ALTERNATIVE SERVICE
IN EFFECT AT THE TIME THE REQUEST FOR ARBITRATION IS SUBMITTED SHALL BE
FOLLOWED.
(e) The Bound Parties expressly agree and acknowledge that this Declaration
involves and concerns interstate commerce and is governed by the provisions of the Federal Arbitration
Act (9 U.S.C. §1 et seq.) now in effect and as the same may from time to time be amended, to the
exclusion of any different or inconsistent state or local law, ordinance, regulation or judicial rule.
Accordingly, any and all Disputes shall be arbitrated -- which arbitration shall be mandatory and binding
-- pursuant to the Federal Arbitration Act.
(f) This arbitration agreement shall inure to the benefit of, and be enforceable
by, each Owner, Declarant and Declarant's Affiliates and related entities, the Association, and each of
their respective employees, officers, directors, agents, representatives, contractors, subcontractors,
agents, vendors, suppliers, design professionals, insurers and any other person whom any Owner or the
Association contends is responsible for any alleged defect in or to the Property or any improvement or
appurtenance thereto. The Bound Parties contemplate the inclusion of such Bound Parties in any
arbitration of a Dispute and agree that the inclusion of such Bound Parties will not affect the
enforceability of this arbitration agreement.
(g) In the event any Dispute arises under the terms of this Declaration or in
the event of the bringing of any arbitration action by a Bound Party hereto against another Bound Party
hereunder by reason of any breach of any of the covenants, agreements or provisions on the Bound Party
of the other Bound Party arising out of this Declaration, then in that event the prevailing party shall be
awarded from the other party all costs and expenses in any way related to the Dispute, including actual
attorney and paralegal's fees, accounting and engineering fees, and any other professional fees resulting
there from as awarded by court or arbitrator.
(h) The arbitrator shall be authorized to provide all recognized remedies
available in law or in equity for any cause of action that is the basis of the arbitration.
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(i) The decision of the arbitrator shall be final and binding. The Bound
Parties expressly agree that an application to confirm, vacate, modify, or correct an award rendered by
the arbitrator shall be filed in any court of competent jurisdiction in the County in which the Property is
located.
(j) To the extent that any state or local law, ordinance, regulation, or judicial
rule is inconsistent with any provision of the rules of the arbitration service under which the arbitration
proceeding shall be conducted, the latter rules shall govern the conduct of the proceeding.
(k) The participation by any party, or any party whom the Association or any
Owner contends is responsible for a Dispute, in any judicial proceeding concerning this arbitration
agreement or any matter arbitrable hereunder shall not be asserted or accepted as a reason to delay, to
refuse to participate; in arbitration, or to refuse to compel arbitration, including instances in which the
judicial proceeding. involves parties not subject to this arbitration agreement and /or who cannot
otherwise be compelled to arbitrate.
(1) Fees and costs of the arbitration and /or the arbitrator shall be borne
equally by the Bound Parties to the arbitration; provided, however, that the fees and costs of the
arbitration and /or the arbitrator ultimately shall be allocated and borne as determined by the arbitrator.
Notwithstanding the foregoing, the Bound Parties shall each be solely responsible for their own attorney
fees and expert witness costs.
(m) The arbitrator appointed to serve shall be a neutral and impartial
individual.
(n) The venue of the arbitration shall be in the County where the Property is
located unless the parties agree in writing to another location.
(o) If any provision of this arbitration agreement shall be determined to be
unenforceable or to have been waived, the remaining provisions shall be deemed to be severable
therefrom and enforceable according to their terms.
(p) The parties to the arbitration shall have the right to conduct a reasonable
amount of discovery, including written discovery, depositions and Inspections and testing, all as
approved and coordinated by the arbitrator.
(q) Any and all Disputes between Declarant and the Association arising from
or related to the Thornbrooke, this Declaration or any other agreements between Declarant and the
Association shall be resolved in accordance with this Declaration.
(r) Pre - Arbitration Dispute Resolution Provision: For all Disputes, the Bound
Parties agree to follow the pre - arbitration procedures set forth below. The Dispute resolution provisions
of this Declaration are intended to grant certain rights to Declarant and /or the Association which are in
addition to those rights provided in Chapter 558, Florida Statutes ( "Chapter 558 Notice of Claim "), as it
exists at the time this Declaration is recorded. If a court of law should determine that any of the terms of
this Declaration conflict with any of the terms of Chapter 558 Notice of Claim, the terms of Chapter 558
Notice of Claim shall supersede and control to the extent of such conflict.
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(s) Notification. The Association and all Owners agree to provide Declarant
with written notice of any matters relating to a Dispute as soon as is reasonably possible after the
Association or any Owner becomes aware, or should have become aware, of such matters and Dispute.
Additionally, in accordance with the requirements of Chapter 558 Notice of Claim, the Association and
all Owners must comply with and is hereby advised of the following:
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE
AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
(ii) Cooperation; Access; Repair. The Association and each Owner agree to provide
Declarant and its :representatives, contractors and others as Declarant may request, with prompt,
reasonable cooperation, which may, for example, include access to all portions of the Property, in order
to facilitate Declarant's investigation regarding a Dispute including, without limitation, for purposes of
inspecting, testing, repairing, replacing, correcting or otherwise addressing matters related to the
Dispute. If the Dispute arises out of or relates to the planning, surveying, design, engineering, grading,
specifications, construction or other development of the Property, Declarant is hereby granted the
irrevocable right, but is under no obligation, to inspect, repair and /or replace any and all affected parts of
the Property.
NOTICE: THE BOUND PARTIES AGREE TO HAVE ANY DISPUTE ARISING OUT OF THE
MATTERS INCLUDED IN THIS ARBITRATION AGREEMENT (ARTICLE XII OF THIS
DECLARATION) ENTITLED, "DISPUTE RESOLUTION - ARBITRATION" DECIDED BY
NEUTRAL ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, AND
THE BOUND PARTIES ARE GIVING UP ANY RIGHTS THE BOUND PARTIES MIGHT
POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. THE BOUND
PARTIES ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND
APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS ARBITRATION
AGREEMENT. IF ANY OWNER OR DECLARANT AND /OR THE ASSOCIATION REFUSE TO
SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THE OWNER OR
DECLARANT AND /OR THE ASSOCIATION MAY BE COMPELLED TO ARBITRATE UNDER
THE FEDERAL ARBITRATION ACT. THE BOUND PARTIES' AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
THIS DECLARATION PROVIDES THAT ALL DISPUTES BETWEEN THE BOUND PARTIES
WILL BE RESOLVED BY ARBITRATION IN ACCORDANCE WITH THE PROVISIONS SET
FORTH ABOVE. THIS MEANS THAT THE BOUND PARTIES EACH GIVE UP THE RIGHT TO
GO TO COURT OR TO A JURY TO ASSERT OR DEFEND RIGHTS UNDER THIS
DECLARATION. THE BOUND PARTIES RIGHTS WILL BE DETERMINED BY A NEUTRAL
ARBITRATOR AND NOT BY A JUDGE OR JURY. THE BOUND PARTIES ARE ENTITLED TO A
FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE
LIMITED THAN THE RULES FOLLOWED IN A COURT, ARBITRATOR DECISIONS ARE AS
ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW
BY A COURT.
THE BOUND PARTIES UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT ALL
DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS ARTICLE ENTITLED
"DISPUTE RESOLUTION - ARBITRATION" TO NEUTRAL, BINDING ARBITRATION.
-30-
JAX11798314_I8
ARTICLE XV. GENERAL PROVISIONS
Section 1. Duration. The Covenants, Conditions and Restrictions of this Declaration run
with and bind the Property, and shall inure to the benefit of and be enforceable by the Association, the
Declarant or the Owner of any portion of the Property, their respective legal representatives, heirs,
successors, and assigns, through December 31, 2038. The tenn hereof shall be automatically extended
for consecutive terms of ten (10) years unless seventy -five percent (75 %) of the then - Owners of
Thornbrooke (and the Declarant to the extent of provisions benefitting such party) shall consent to
termination of this Declaration. Termination shall be evidenced by an instrument executed by not less
than seventy -five percent (75 %) of the then - Owners of Thornbrooke and the Declarant and recorded in
the Public Records of Seminole County, Florida.
Section 2. Notices. Any notice required to be sent to any member or owner under the
provisions of this Declaration shall be deemed to have been properly sent when mailed, 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.
Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate any
covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce
any lien created by these covenants. Failure by the Association, the Declarant or any Owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
Section 4. Severability. Invalidation of any portion of this Declaration by judgment or court
order shall in no way affect any other provision hereof, which shall remain in full force and effect.
Section 5. Effective Date. This Declaration shall become effective upon its recordation in
the Public Records of Seminole County, Florida.
Section 6. Delegation of Services/Management. The Association and the Board shall be
authorized to delegate any of the services to be provided by the Association under the tenns of this
Declaration to a private company, public agency or publicly regulated authority or agency which, in the
opinion of the Board, shall make such services available to the Association in a reasonable manner. The
Board shall also have the right to designate such party as the Board shall select as a manager to provide
or cause to be provided the services for which assessments are made and set forth in this Declaration and
to administer all activities of the Association. Any such manager shall be entitled to a reasonable
management fee for the provision of such services, which fee shall constitute part of the expenses of the
Association to be funded by the annual assessments set forth herein.
Section 7. Amendment. This Declaration may be amended at any time and from to time
upon the execution and recordation of an instrument executed by the Board of Directors of the
Association, provided that so long as Declarant is the owner of any Lot or any Property affected by this
Declaration, or amendment hereto, or appoints a Director of the Association, no amendment will be
effective without Declarant's express written joinder and consent; provided, however, Declarant has the
express power to amend this Declaration pursuant to Article II hereof without the consent or joinder of
any party.
-31-
JAX \1798314_18
Section 8. Effect of Declaration. Notwithstanding anything contained in this Declaration to
the contrary, neither this Declaration nor any term or provision hereof, including the obligation to pay
assessments or lien therefor, shall constitute a defect, encumbrance, lien or cloud upon the title of any
property other than the real property as described on Exhibit "A" attached, until such time as this
Declaration is specifically supplemented to include such additional property by recording of a
supplementary declaration as to such property in the Public Records of Seminole County, Florida as
provided in Article II hereof. Nothing contained herein shall be deemed to require the Declarant to
include any property not included within the Property described on Exhibit "A" within this Declaration
or subject to any such property to administration by the Association and such inclusion shall be at the
option of Declarant.
Section 9. Limited Liability. In connection with all reviews, acceptances, inspections,
permissions, consents or required approvals by or from the Declarant or the Association contemplated
under this Declaration, neither the Declarant nor the Association shall be liable to an Owner or to any
other person on account of any claim, liability, damage or expense suffered or incurred by or threatened
against an owner or such other person and arising out of or in any way relating to the subject matter of
any such reviews, acceptances, inspections, permissions, consents or required approvals, whether given,
granted or withheld.
Section 10. Consent of Declarant. If consent of the Declarant is required by this Declaration,
such consent must be granted by Declarant, or its respective successors or assigns.
[Signatures on Following Page]
-32-
JAX \1 798314_ 18
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed by the undersigned,
duly authorized officer, the day and year first above written.
DECLARANT:
Signed, sealed and delivered in the presence TAYLOR MORg I OF FLORIDA, INC., a
of: t r Florida corporation
By:
<_ Name:
Its: TV k
STATE OF FLORIDA
COUNTY OFi-
t\
I HEREBY CERTIFY that on 4iis day, before me, an officer duP; auth (rized, to take
acknowledgements, personally appeared r who is fe6" "J' -'t'1 Taylor
Morrison of Florida, Inc., a Florida corporati , a d acknowledged before me that he executed the
foregoing Declaration in the name of and on behalf of said corporation.
,�
WITNESS my hand and official seal in the County and State aforesaid, this 01 day of
2015.
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,,,���, 'Av , {to of Flo ' a
a� AILIA -A al�1'1'1�llli ! F '1 Cy
IMWY lubk , Vft ol' Hotih' Ptinted Nam
My CwA. Ex*ti Feb 10,2017 Commission Number.
CWmftaion • EE 872978 " Commission expires: lip A) D
-33-
Jnxv»9s31a 18
Exhibit "A"
Legal Description of Property
A parcel of land being part of Lots 90 and 93, FLORIDA LAND & COLONIZATION COMPANY LIMITED W.
BEARDAL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in Plat Book 1, Page 114, of the
Public Records of Seminole County, Florida, being more particularly described as follows:
Commence at the Northwest corner of Section 27, Township 19 South, Range 30 East, Seminole County; thence
5.00 °09'03 "E., along the West line of said Section 27, a distance of 15.00 feet; thence N.89 °5749 "E., a distance
of 15.00 feet to the Northwest corner of Lot 90, FLORIDA LAND & COLONIZATION COMPANY LIMITED
W. BEARDAL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in Plat Book 1, Page 114, of
the Public Records of Seminole County, Florida.; thence continue N89 °57'49 "E along the North line of said Lot
90, a distance of 25.00 feet to the POINT OF BEGINNING; thence continue N.89 °5749 "E., along the North line
of said Lot 90, a distance of 620.04 feet to the East line of said Lot 90; thence 5.00 °08'28 "E., along the East line
of said Lots 90 and 93, a distance of 1,073.98 feet; thence 5.89 °5749 "W., a distance of 619.86 feet; thence
N.00 °09'03 "W., parallel to and 25.00 feet Easterly of the West line of said Lots 90 and 93, a distance of 1,073.98
feet to the POINT OF BEGINNING.
Containing 665,814 square feet or 15.285 acres, more or less.
A parcel of land being Lot 74 and parts of Lots L, 75 and 80, FLORIDA LAND & COLONIZATION
COMPANY LIMITED W. BEARDAL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in
Plat Book 1, Page 114, of the Public Records of Seminole County, Florida. being more particularly described as
follows:
Commence at the Northwest corner of Section 27, Township 19 South, Range 30 East, Seminole County; thence
S.89 °58'38 "W., along the North line of Section 28, Township 19 South, Range 30 East, a distance of 1,306.01
feet; thence N.00 °12'21 "W., a distance of 15.00 feet to the Southwest corner of Lot L, FLORIDA LAND &
COLONIZATION COMPANY LIMITED W. BEARDAL'S MAP OF ST. JOSEPHS, according to the plat
thereof, as recorded in Plat Book 1, Page 114, of the Public Records of Seminole County, Florida.; thence
continue N.00 °1221 "W., along the West line of said Lot L, a distance of 15.00 feet to the POINT OF
BEGINNING; thence continue N.00 °12'21 "W., along the West line of said Lots L and 74, a distance of 1,274.52
feet to the Northwest corner of said Lot 74; thence N.89 °58'00 "E., along the South line of said Lots 74 and 75, a
distance of 1,265.04 feet; thence 5.00 °14'55 "E., parallel to and 25.00 feet Westerly of the East line of said Lot 75,
a distance of 495.18 feet; thence 5.89 °45'05 "W., a distance of 222.50 feet; thence 5.00 °14'55 "E., a distance of
778.70 feet; thence 5.89 °58'38 "W., parallel to and 15.00 feet Northerly of the South line of said Lots 80 and L, a
distance of 1,043.48 feet to the POINT OF BEGINNING.
Containing 1,439,708 square feet or 33.051 acres, more or less.
V_ IIM_ !
A parcel of land being part of Lots 89 and 94, FLORIDA LAND & COLONIZATION COMPANY LIMITED W.
BEARDAL'S MAP OF ST. JOSEPHS, according to the plat thereof, as recorded in Plat Book 1, Page 114, of the
Public Records of Seminole County, Florida. being more particularly described as follows:
Commence at the Northwest corner of Section 27, Township 19 South, Range 30 East, Seminole County; thence
5.00 °09'03 "E., along the West line of said Section 27, a distance of 30.00 feet; thence 5.89 °58'38 "W., a distance
of 40.00 feet to the POINT OF BEGINNING; thence 5.00 °09'03 "E., parallel to and 25.00 feet Westerly of the
East line of said Lots 89 and 94, a distance of 803.85 feet; thence N.89 °5758 "W., a distance of 620.43 feet to the
West line of said Lot 94; thence N.00 °09'24 "W., along the West line of said Lots 94 and 89, a distance of 803.24
JAX \1798314_18
feet; thence N.89 °58'38 "E., parallel to and 15.00 feet Southerly of the North line of said Lot 89, a distance of
620.50 feet to the POINT OF BEGINNING.
Containing 498,575 square feet or 11.446 acres, more or less.
JAX11798314_18
Exhibit "B"
BY -LAWS
OF
THORNBROOKE HOMEOWNERS ASSOCIATION, INC.
A Corporation Not - for - Profit
Under the Laws of the State of Florida
DEFINITIONS
All terms in these By -Laws shall have the meanings as set forth in the Declaration of Covenants,
Conditions and Restrictions for THORNBROOKE HOMEOWNERS ASSOCIATION, INC.
BOOKS AND PAPERS
The books, records and papers of the Association shall, at all times, during reasonable business
hours, be subject to the inspection of any Member of the Association.
MEMBERSHIP
Membership of the Association is as set forth in Article 6 of the Articles of Incorporation of the
Association.
The rights of membership are subject to the payment of annual and special Assessments levied
by the Association, the obligation of which Assessments is imposed against each Owner of, and
becomes a lien upon, that portion of the Property against which such Assessments are made as provided
in the Declaration.
After Turnover or Transition (as defined in Section 720.307, Florida Statutes), the Directors of
the Association shall be elected at the annual meeting of the Members except as otherwise specified in
the Articles of Incorporation. The election shall be decided by a majority of votes cast either by
Members present in person or by written ballots cast prior to or at the annual meeting. The election shall
be valid notwithstanding whether there was a quorum at the meeting.
Any director (other than a director designated by the Declarant) may be removed from office at
any time with or without cause by the affirmative majority vote of the Association membership cast at a
meeting at which a quorum is present.
After Turnover, the first meeting of the duly elected Board of Directors, for the purposes of
organization, shall be held immediately after the annual meeting of Members, provided the majority of
the members of the Board elected be present. Any action taken at such meeting shall be by a majority of
the whole Board. If the majority of the members of the Board elected shall not be present at that time, or
if the directors shall fail to elect officers, the meeting of the Board to elect officers shall then be held
within thirty (30) days after the annual meeting of Members upon three (3) days' notice in writing to
each member of the Board so elected, stating the time, place and object of such meeting.
JAX\ 1798314_ 18
Subject to the provisions of Section 4.6 below, regular meetings of the Board of Directors may
be held at any place or places in Florida as designated by the Board, on such days and at such hours as
the Board of Directors may, by resolution, designate.
Subject to the provisions of Section 4.6 below, special meetings of the Board of Directors may
be called at any time by the President or by any two (2) members of the Board and may be held any
place or places within Florida as designated by the Board, and at any time.
Except only for meetings between the Board and its attorney with respect to proposed or pending
litigation where the contents of the discussion would otherwise be protected by the attorney- client
privilege, regular arid/or special meetings of the Board of Directors shall be open to all Owners, and
notices of Board meetings shall be posted in a conspicuous place on the property governed by the
Association at least forty eight (48) hours prior to the meeting, except in the event of an emergency. In
the alternative, if notice is not conspicuously posted, notice of the Board meeting must be mailed or
delivered to each Member at least seven (7) days before the meeting, except in an emergency.
Notwithstanding this general notice requirement, notice of any meeting in which Assessments against
Lots or Units are to be considered shall specifically contain a statement to that effect as well as a
statement of the nature of such Assessments and shall be provided to each Owner not less than fourteen
(14) days prior to the meeting.
Directors (including affiliates of the Declarant) shall have the absolute right to resign at any time
and the remaining directors in office shall then fill the vacancies, provided that if all directors resign, a
special meeting of Members shall be called as soon as possible for the purpose of electing new directors
and the resignations of such directors shall not be effective until such election is held and new directors
are elected, except that if no meeting is held or no directors are elected after two (2) attempts to call and
hold such meeting, the resignations shall become effective simultaneously with the date and time of the
scheduled second meeting, whether held or not or whether new directors are elected or not.
Notwithstanding anything herein contained to the contrary, in the event that a Director appointed by the
Declarant resigns, said seat shall be filled by a replacement designated by the Declarant rather than by
the remaining directors.
Directors may not vote by proxy or secret ballot; provided, however, that secret ballots may be
used for the election of officers. This subsection also applies to the meetings of any committee or other
similar body, when a final decision will be made regarding the expenditure of Association funds, and to
anybody vested with the power to approve or disapprove architectural decisions with respect to a
specific parcel of residential property owned by a member of the community.
The Directors of the Association have a fiduciary duty to the Owners of Lots or Units governed
by the Association.
Members have the right to attend all meetings of the Board and to speak on any matter placed on
the agenda by petition of the voting interests for at least three (3) minutes. The Association may adopt
written reasonable rules expanding the right of Members to speak and governing the frequency, duration
and other manner of Member statements, which rules must be consistent with this paragraph and may
include a sign -up sheet for Members wishing to speak. Notwithstanding any other law, the requirement
that Board meetings and committee meetings be open to the Members is inapplicable to meetings
JAX \1798314_18
between the Board or a committee and the Association's attorney, with respect to meetings of the Board
held for the purpose of discussing personnel matters.
If 20 percent of the total voting interests petition the Board to address an item of business, the
Board shall, at its next regular Board meeting, or at a special meeting of the Board, but not later than 60
days after the receipt of the petition, take the petitioned item up on an agenda. The Board shall give all
Members 14 days' notice of the meeting at which the petitioned item shall be addressed. Each Member
shall have the right to speak for at least three (3) minutes on each matter placed on the agenda by
petition, provided that the Member signs the sign -up sheet, if one is provided, or submits a written
request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the Board
is not obligated to take any other action requested by the petition.
RECALL OF DIRECTORS
Subject to the provisions of Section 720.307, Florida Statutes, regarding transition of Association
control, any member of the Board or Directors may be recalled and removed from office with or without
cause by a majority of the total voting interests in accordance with the provisions of Section 720.303
(10), Florida Statutes.
OFFICERS
Any officer may be removed at any time by the affirmative vote of a majority of the Board of
Directors at any duly called regular or special meeting of the Board.
The President shall be the chief executive officer of the Association. The President shall preside
at all meetings of the Members of the Association and of the Board of Directors. He shall have the
general powers and duties of supervision and management of the Association which usually pertain to
his office and shall perform all such duties as are properly required of him by the Board of Directors.
The Board of Directors shall elect at least one (1) Vice President, who shall have such powers and
perform such duties as usually pertain to such office or as are properly required of him by the Board of
Directors. In the absence or disability of the President, any Vice President shall perform the duties and
exercise the powers of the President. If more than one (1) Vice President is elected, the Board shall
designate which Vice President is to perforn which duties. The Secretary shall issue notices of all
meetings of the membership of the Association and the directors where notices of such meetings are
required by law or in these Bylaws. He shall keep the minutes of the meetings of the membership and of
the Board of Directors. The Treasurer shall have the care and custody of all the monies and securities of
the Association. He shall enter on the books of the Association, to be kept by him for that purpose, full
and accurate accounts of all monies received by him and paid by him on account of the Association. He
shall sign such instruments as require his signature and shall perform all such duties as usually pertain to
his office or as are properly required of him by the Board of Directors.
Vacancies in any office arising from any cause may be filled by the Board of Directors at any
regular or special meeting.
The officers of the Association have a fiduciary duty to the Owners of Lots governed by the
Association.
JAX11798314_18
MEETINGS OF MEMBERS
The regular annual meeting of the Members shall be held each year on a date and at such time
and place as shall be detennined by the Board of Directors. The election of directors shall be held at, or
in conjunction with, the annual meeting.
Special meetings of the Members for any purpose may be called at any time by the President, the
Vice President, the Secretary or the Treasurer, or by any two (2) or more members of the Board of
Directors, or upon written request of the Members who have a right to vote 10 percent of all the votes of
the entire membership, or who have a right to vote 10 percent of the votes of the Class A membership.
Business conducted at a special meeting shall be limited to the purposes set forth in the notice of
meeting.
Notice may be given to the Members either personally, or by sending a copy of the notice
through the mail, postage thereon fully paid, to the addresses appearing on the records of the
Association. Each Member shall register his address with the Secretary, and notices of meetings shall be
mailed to him at such address. Notice of any meeting, regular or special, shall be mailed or personally
delivered at least fourteen (14) days in advance of the meeting and shall set forth the general nature of
the business to be transacted; provided, however, that if any business of any meeting shall involve any
action governed by the Articles of Incorporation, notice of such meeting shall be given or sent as therein
provided.
The presence in person or by proxy at the meeting of Members entitled to cast at least 30 percent
of the votes of the membership shall constitute a quorum for any action governed by these By -Laws.
Unless a greater percentage is expressly required, decisions of the Members shall be made by a majority
of the voting interests represented at a meeting at which a quorum is present.
Members have the right to vote in person or by proxy. To be valid, a proxy must be in writing
and be signed by the Member and the proxy must state the date, time and place of the meeting for which
it was given. A proxy is effective only for the meeting for which it was given, as the meeting may be
legally adjourned and reconvened from time to time, and automatically expires ninety (90) days
following the date of the meeting for which it was originally given. A proxy is revocable at any time at
the pleasure of the person who executes it. If the proxy form so provides, the proxy holder may appoint,
in writing, a substitute to act in the proxy holder's place.
Any Owner may tape record or videotape meetings of the Members, subject, however, to the
rules established from time to time by the Board regarding such tapings.
Except when specifically or impliedly waived by the chairman of a meeting (either of Members
or Directors), Roberts' Rules of Order (latest edition) shall govern the conduct of Association meetings
when not in conflict with the Declaration, the Articles or these By -Laws; provided, however, that a strict
or technical reading of said Roberts' Rules of Order shall not be made as to frustrate the will of the
persons participating; in said meeting.
._ U_ _ 01.1 UT 1
These By -Laws may be amended, at a regular or special meeting of the Board, by a vote of two -
thirds (2/3r`') of the votes of the Directors, provided that the notice to the Members of the meeting
JAK \1798314_18
discloses the information that the amendment of the By -Laws is to be considered; provided, however,
the provisions which are governed by the Articles of Incorporation of this Association may not be
amended except as provided in the Articles of Incorporation or applicable law, and provided further, that
any matters stated herein to be or which are in fact governed by the Declaration may not be amended
except as provided in such Declaration. Anything to the contrary herein notwithstanding, the Declarant
shall have the absolute right to amend these By -Laws and the Articles of Incorporation prior to the
Turnover or Transition of control to the Members as provided in Section 720.307, Florida Statutes.
In case of any conflict between the Articles of Incorporation and these By -Laws, the Articles
shall control; and in case of any conflict between the Declaration and these By -Laws, the Declaration
shall control.
OFFICIAL RECORDS
From the inception of the Association, the Association shall maintain each of the following,
where applicable, which shall constitute the official records of the Association:
A photocopy of any plans, specifications, permits and warranties related to improvements
constructed on the Common Property or other property that the Association is obligated to maintain,
repair or replace;
A photocopy of the By -Laws of the Association and all amendments thereto;
A certified copy of the Articles of Incorporation of the Association or other documents creating
the Association and all amendments thereto;
A photocopy of the Declaration and all amendments thereto;
A copy of the current Rules and Regulations of the Association;
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;
A current roster of all Owners, their mailing addresses and Lot or Unit identifications;
All current insurance policies of the Association or a copy of each such policy, which policies
shall be retained for a period of not less than seven (7) years;
A current copy of all contracts to which the Association is a party, including, without limitation,
any management agreement, lease or other contract under which the Association has an obligation or
responsibility;
Bids received by the Association for any work to be performed on behalf of the Association,
which bids shall be retained for a period of not less than one (1) year;
All other written records of the Association not specifically included in the foregoing which are
related to the operation of the Association; and
JAX\1798314_18
Financial and accounting records for the Association maintained in accordance with good
accounting practices. All financial and accounting records shall be maintained for a period of not less
than seven (7) years. The financial and accounting records shall include, but not be limited to:
Accurate, itemized and detailed records for all receipts and expenditures;
A current account and a periodic statement of the account for each Member of the Association,
designating the name and current address of each Member, the due date and amount of each Assessment,
the date and amount: of each payment on the account, and the balance due;
All tax returns, financial statements and financial records of the Association; and
Any other records that identify, measure, record or communicate financial information.
Notwithstanding the provisions of this paragraph, the following records shall not be accessible to
Members or Unit Owners:
(1) Any record protected by the lawyer - client privilege as described in Section 90.502,
Florida Statutes, and any record protected by the work - product privilege, including, but not limited to,
any record prepared by an Association attorney or prepared at the attorney's express direction which
reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the
Association and was prepared exclusively for civil or criminal litigation or for adversarial administrative
proceedings or which was prepared in anticipation of imminent civil or criminal litigation or imminent
adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative
proceedings.
(2) Information obtained by the Association in connection with the approval of the lease,
sale, or other transfer of a parcel.
(3) Disciplinary, health, insurance, and personnel records of the Association's
employees.
(4) Medical records of Unit Owners or community residents.
The Association or its agent is not required to provide a prospective purchaser or lienholder with
information about the residential subdivision or the Association other than infonnation or documents
required by Chapter 720, Florida Statutes, to be made available or disclosed. The Association or its
authorized agent may charge a reasonable fee to the prospective purchaser or lienholder or the current
parcel owner or member for providing good faith responses to requests for infonnation by or on behalf
of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed
$150.00 plus the reasonable cost of photocopying and any attorney's fees incurred by the Association in
connection with the response.
BOOKS AND PAPERS; FISCAL YEAR;
MINUTES; BUDGETS; FINANCIAL REPORTS
The official records shall be maintained within the State of Florida and must be open to
inspection and available for photocopying by any Association Member or the authorized agent(s) of
JAX11798314_ 18
such Member at all reasonable times and places within ten (10) business days after receipt of a written
request for access. The Association may ,adopt reasonable written rules regarding the frequency, tune,
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, but may not impose a
requirement that a Unit Owner demonstrate any proper purpose for the inspection, state any reason for
the inspection, or limit a Unit Owner's right to inspect records to less than one 8 -hour business day per
month. The Association may charge up to 50 cents per page for copies made on the Association's
photocopier. If the Association does not have a photocopy machine available where the records are
kept, or if the records requested to be copied exceed 25 pages in length, the Association may have copies
made by an outside vendor and may charge the actual cost of copying. If the Association has a
photocopy machine available where the records are maintained, it must provide Unit Owners with
copies on request during the inspection if the entire request is limited to no more than 25 pages. The
Association shall maintain an adequate number of copies of the recorded Declaration, Articles, By -Laws
and any rules to ensure their availability to Members and prospective Members and may charge only its
actual costs for reproducing and furnishing these documents.
The fiscal year of the Association shall be the 12 -month period commencing January I st and
terminating December 31 st of each year.
Minutes of all meetings of the Members and of the Board must be maintained in written form or
in another form that can be converted into written form within a reasonable time. The vote or abstention
from voting on each matter voted upon for each director present at a Board meeting must be recorded in
the minutes.
The Association shall prepare an annual budget reflecting, among other things, the estimated
revenues and expenses for the budgeted year and the estimated surplus or deficit for the end of the
current year. The budget must separately set out all fees or charges for recreational amenities, whether
owned by the Association or another person. The Association shall provide each Member with a copy of
the annual budget or a written notice advising that a copy of the budget is available upon request at no
charge to the Member. The copy must be provided to the Member in accordance with the time limits set
forth in Section 10.1 above.
Financial reports shall be prepared and delivered consistent with the requirements of Section
720.303 (6) and (7), Florida Statutes, as amended from time to time.
CONTRACTS
All contracts as further described in this section or any contract that is not to be fully performed within 1
year after the making thereof for the purchase, lease, or renting of materials or equipment to be used by
the Association in accomplishing its purposes under this chapter or the governing documents and all
contracts for the provision of services shall be in writing. If a contract for the purchase, lease, or renting
of materials or equipment, or for the provision of services, requires payment by the Association that
exceeds 10 percent of the total annual budget of the Association, including reserves, the Association
must obtain competitive bids for the materials, equipment, or services. Nothing contained in this section
shall be construed to require the Association to accept the lowest bid. Notwithstanding the foregoing,
contracts with employees of the Association, and contracts for attorney, accountant, architect,
JAX \1798314_18
community Association manager, engineering, and landscape architect services are not subject to the
provisions of this section.
DISCLOSURE
Owners shall comply with the disclosure requirements set forth in Part II of Chapter 720, Florida
Statutes.
JAX \1798314_ 18
Exhibit "C"
Articles of Incorporation
JAX \1798314_18
H14000072686
ARTICLES OF INCORPORATION
FOR
THORNBROOKE HOMEOWNERS ASSOCIATION, INC.
A Corporation Not - for - Profit
Under the Laws of the State of Florida
The undersigned incorporator, for the purpose of foie ing a corporation not - for -profit
pursuant to the laws of the State of Florida, hereby adopts the following Articles of
Incorporation:
1
NAME
The name of the corporation is THORNBROOKE HOMEOWNERS ASSOCIATION,
INC. For convenience, the corporation shall be referred to in this instrument as the
"Association," these Articles of Incorporation as the "Articles" and the By -Laws of the
Association as the "B, - Laws." The terms used in these Articles shall have the meanings set forth
in the Declaration of Covenants and Restrictions for the Thornbrooke Homeowners Association,
hie. recorded in the Public Records of Seminole County Florida, as amended and/or
supplemented from time to time.
2
OFFICE
The principal office and mailing address of the Association shall be at 151 Soutbhall
Lane, Suite 200, Maitland, Florida 32751 or at such other place as may be subsequently
designated by the Board of Directors. All books and records of the Association shall be kept at its
principal office or at such other place as may be permitted by the Act.
3
RE' EGIST { a D AGENT
The initial registered agent is NRAI Services, Inc. whose address is 1200 South Pine
Island Road, Plantation, Florida 33324, or at such other place as the Board of Directors may from
time to time designate.
4
PURPOSE
The objects and purposes of the Association are those objects and purposes as are
authorized by the Declaration of Covenants, Conditions and Restrictions for the Thornbrooke
Homeowners Association, hie. recorded in the Public Records of Seminole County Florida, as
hereafter amended and/or supplemented from time to time (the "Declaration"). The further
objects and purposes of the Association are to preserve the values in the Propery and to maintain
the Common Area thereof for the benefit of the Owners who become members of the
Association.
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5
POWERS
The powers of the Association shall include and be governed by the following:
5.1 General. The Association shall have all of the common law and statutory powers of a
corporation not -for -profit under the Laws of Florida (which are in effect at the time of
filing of these Articles) except as expressly limited or restricted by applicable law, the
terms of these Articles, the - Declaration or the By -Laws.
5.2 Enumeration. In addition to the powers set forth in Section 5.1 above, the Association
shall have all of the powers and duties reasonably necessary to operate the Property
pursuant to the Declaration and as more particularly described in the By -Laws, as they
may be amended from time to tune, including, but not limited to, the following:
(a) To make and collect Assessments and other charges against members as Owners
(whether or not such sums are due and payable to the Association), and to use the
proceeds thereof in the exercise of its powers and duties, including without
limitation for the maintenance and operation of the Surface Water Management
System, including but not limited to work within the retention areas, drainage
structures or drainage easements.
(b) To buy, accept, own, operate, lease, sell, trade and mortgage both real and
personal property in accordance with the provisions of the Declaration; provided,
however, the Common Area may not be mortgaged without the consent of the
Owners with voting power representing two- thirds (2 /3rds) of the votes.
(c) To maintain, repair, replace, reconstruct, add to and operate the Common Area
and other property to be maintained by the Association pursuant to the
Declaration.
(d) To purchase insurance upon the Common Area, insurance for the protection of the
Association, its officers, directors and Owners, and other insurance required or
permitted by the Declaration.
(e) To make and amend reasonable rules and regulations for the maintenance,
conservation and use of the Property and for the health, comfort, safety and
welfare ofthe Owners.
(f) To enforce by legal means the provisions of the Declaration, these Articles, the
By -Laws, the rules and regulations for the use of the Common Area and
applicable law.
(g) To contract for the management and maintenance of the Common Area and to
authorize a management agent to assist the Association in carrying out its powers
and duties by performing such functions as the submission of proposals, collection
of Assessments, preparation of records, enforcement of rules, and maintenance,
repair and replacement of the Common Area with such funds as shall be made
available by the Association for such purposes. The Association and its officers
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shall, however, retain at all times the powers and duties to make assessments,
promulgate rules and execute contracts on behalf of the Association.
(h) To employ personnel to perform the services required for the proper operation and
maintenance of the Common Area.
(i) To execute all documents or consents, on behalf of all Owners (and their
mortgagees), required by all governmental and/or quasi - governmental agencies in
connection with land use and development matters (including, without limitation,
plats, waivers of plat, unities of title, covenants in lieu thereof, etc.), and in that
regard, each Owner, by acceptance of the deed to such Owner's Unit or Lot and
each Mortgagee of an Owner by acceptance of a lien on said Unit or Lot, appoints
and designates the President of the Association as such Owner's agent and
attorney -in -fact to execute any and all such documents or consents.
(j) To operate, maintain and manage the Stormwater Management System(s) in a
manner consistent with the requirements of District Permit No. 40 -117- 115614 -1
and applicable District rules, and shall assist in the enforcement of the reshictions
and covenants contained herein.
(k) To levy and collect adequate assessments against members of the Association for
the costs of maintenance and operation of the Stoimwater Management System.
(1) Such assessments, as set forth ill Section 5.2(k) above, shall be used for the
maintenance and repair of the Stonnwater Management Systems and mitigation or
preservation areas, including but not limited to work within retention areas,
drainage structures and drainage easements.
5.3 Association Property. All funds and the title to all properties acquired by the Association
and their proceeds shall be held for the benefit and use of the members in accordance
with the provisions of the Declaration, these Articles and the By -Laws. Ile Association
shall have the power to transfer title to the Common Areas to another not - far -profit
corporation in which the members of this Association are also the members.
5.4 Distri bution of Income. The Association shall not pay a dividend to its members and
shall make no distribution of income to its members, directors or officers.
5.5 Dissolution. In the event of termination, dissolution or final liquidation of the
Association, the responsibility for the operation and maintenance of the stormwater
management system must be transferred to and accepted by an entity which complies
with Rule 62- 330.310, Florida Administrative Code, and Applicant's Handbook Volume
I, Section 12.3, and be approved by the Agency prior to such termination, dissolution or
liquidation.
5.6 Limitation. The powers of the Association shall be subject to and shall be exercised in
accordance with the provisions hereof and of the Declaration, the By -Laws and applicable
law, provided that in the event of conflict, the provisions of applicable law shall control
over those of the Declaration and By -Laws. The provisions of the Declaration shall
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control over those of the Articles and By -Laws; the provisions of the Articles shall
control over the provisions of the By -Laws.
6
MEMBERS
6.1 Membership. The members of the Association shall consist of the record title owners of
Lots or Units within the Property from time to time, which membership shall be
appurtenant to and inseparable from ownership of the Lot or Unit.
6.2 Assignment. The share of a member in the fiords and assets of the Association cannot be
assigned, hypothecated or transferred in any manner except as an appurtenance to the Lot
or Unit for which that share is held.
6.3 Classes of Memberships and Voting Rights. The Association shall have two (2) classes
of voting membership:
(a) Class A Members shall be all Owners, with the exception of the
"Declarant" (as Iong as the Class B Membership shall exist, and thereafter, the Declarant shall be
a Class A Member to the extent it would otherwise qualify). Each Class A Member shall have
one (1) vote for each Lot owned by such member.
(b) Class B Member. The Class B Member shall be Taylor Morrison of
Florida, Inc. (the "Declarant"), who shall be entitled to three (3) votes for each Lot owned by the
Declarant. The Class B Member will also include any successors or assigns of the named CIass
B Member if the Declarant's rights are expressly assigned to such successor or assign. The Class
B Membership shall cease and be converted to Class A Membership on the happening of any of
the following events: ( "Tumover'):
(1) When the total votes outstanding in the Class A Membership
equals the total votes outstanding in the Class 13 Membership;
(2) Three (3) months after ninety percent (90 %) of the Lots have been
conveyed to members of the Association other than the Declarant;
(3) In accordance with the turnover rules or requirements of the Act (if
sooner than (2) above); or
(4) Such earlier date as the Declarant may choose to terminate the
CIass B Membership upon notice to the Association.
All votes shall be exercised or cast in the manner provided by the Declaration and By-
Laws. After Turnover, the Class A Members may vote to elect the majority of the members of
the Board. For the purposes of this Article, builders, contractors or others who purchase a Lot
for the purpose of the constructing improvements thereon for resale shall not be deemed to be
Class A Members. After Turnover, for so long as the Declarant holds for sale in the ordinary
course of business at least five percent (5 %) of the Lots within the Property, the Declarant may
elect at least one (1) Director. After Turnover, the Declarant will be a Class A Member with
respect to the Lots which it owns and shall have all rights and obligations of a Class A Member,
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except that it may not cast its votes for the purpose of reacquiring control of the Association.
7
INCORPORATOR
The name and address of the Incorporator of this Corporation is:
Ellen Avery -Smith 201 South Orange Avenue
Suite 720, Orlando, Florida 32801
8
TERM OF EXISTENCE
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.
9
OFFICERS
The affairs of the Association shall be administered by the officers holding the offices
designated in the By -Laws. The officers shall be elected by the Board of Directors of the
Association at its first meeting following the annual meeting of the members of the Association
and shall serve at the pleasure of the Board of Directors. The By -Laws may provide for the
removal from office of officers, for filling vacancies and for the duties and qualifications of the
officers. The names and addresses of the officers who shall serve until their successors are
designated by the Board of Directors are as follows:
NAME:
ADDRESS:
President: Shelley S. Kaercher
151 Southall Lane, Suite 200
Maitland, Florida 32751
Vice President: Esperan2a Maxon
151 Southall Lane, Suite 200
Maitland, Florida 32751
Secretary/Treasurer: Chris Tyree
151 Southall Lane, Suite 200
Maitland, Florida 32751
10
DIRECTORS
10.1 Number and Qualification. The property, business and affairs of the Association shall be
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managed by a board consisting of the number of directors determined in the manner
provided by the By -Laws, but which shall consist of not less than three (3) directors.
Prior to Turnover, Directors need not be members of the Association.
10.2 Duties and Powers. All of the duties and powers of the Association existing under the
law, the Declaration, these Articles and the By -Laws shall be exercised exclusively by the
Board of Directors, its agents, contractors or employees, subject only to approval by
Owners when such approval is specifically required.
10.3 EIection and Removal. Directors of the Association shall be elected at the annual
meeting of the Members in the manner determined by and subject to the qualifications set
forth in the By -Laws. Directors may be removed and vacancies on the Board of Directors
shall be filled in the manner provided by the By -Laws.
10.4 Tenn of Declarant's Directors. The Declarant shall appoint the members of the first
Board of Directors and their replacements who shall hold office for the periods described
hr the By -Laws.
10.5 First Directors, The names and addresses of the members of the first Board of Directors
who shall hold office until their successors are elected and have taken office, as provided
in the By -Laws, are as follows:
NAME
ADDRESS
Shelley S. Kaercher
IS Southall Lane, Suite 200
Maitland, Florida 32751
Esperanza Maxon
151 Southall Lane, Suite 200
Maitland, Florida 32751
Chris Tyree
151 Southall Lane, Suite 200
Maitland, Florida 32751
10.6 Standards. A director shall discharge his duties as a director, including any duties as a
member of a Committee: im good faith, with the care as ordinary prudent person in a like
position would exercise under similar circumstances; and in a manner reasonably
believed to be in the best interests of the Association. Unless a director has knowledge
concerning a matter in question that makes reliance unwarranted, a director, in
discharging his duties, may rely on information, opinions, reports or statements, including
financial statements and other data, if prepared or presented by: one or more officers or
employees of the Association whom the director reasonably believes to be reasonable and
competent in the manners presented; legal counsel, public accountants or other persons as
to matters the director reasonably believes are within the persons' professional or expert
competence; or a Committee of which the director is not a member if the director
reasonably believes the Committee merits confidence. A director is not liable for any
action taken as a director, or any failure to take action, if he performed the duties of his
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office in compliance with the foregoing standards.
11
INDEMNIFICATION PROVISIONS
11.1 Except as provided in Section 617.0834, Florida Statutes, the indemnification provisions
of Section 607.0831 Florida Statutes and Section 607.0850, Florida Statutes shall apply to
this Association pursuant to the provisions of Section 617.0831, Florida Statutes.
However, for purposes of indemnification, the term "Director" does not include a director
appointed by the Declarant to the board of directors of this Association.
12
BYLAWS
The first By -Laws of the Association shall be adopted by the Board of Directors and may
be altered, amended or rescinded in the manner provided in the By -Laws and the Declaration.
13
AMENDMENTS
Amendments to these Articles shall be proposed and adopted in the following manner:
13.1 Notice. Notice of a proposed amendment shall be included in the notice of any meeting
at which the proposed amendment is to be considered and shall be otherwise given in the
time and manner provided in Chapters 617 and 720, Florida Statutes. Such notice shall
contain the proposed amendment or a summary of the changes to be affected thereby.
13.2 Adoption. Amendments shall be proposed and adopted in the manner provided in
Chapters 617 and 720, Florida Statutes and in the Act (the latter to control over the
former to the extent provided for in the Act); provided that in all events such amendments
shall be approved by the Owners representing two thirds (213`d� of the votes of the
members of the Association who have voting power at the time of such amendment.
13.3 Declarant Amendments. Notwithstanding anything herein contained to the contrary, to
the extent lawful, the Declarant may amend these Articles consistent with the provisions
of the Declaration allowing certain amendments to be effected by the Declarant alone.
13.4 Recording. A copy of each amendment shall be filed with the Secretary of State pursuant
to the provisions of applicable Florida law, and a copy certified by the Secretary of State
shall be recorded in the Public Records of Seminole County, Florida with an
identification on the first page thereof of the book and page of said public records where
the Declaration are recorded which contains, as an exhibit, the initial recording of these
Articles.
14
INITIAL REGISTERED OFFICE;
ADDRESS AND NAME OF REGISTERED AGENT
The initial registered office of this corporation shall be at 1200 South Pine Island Road,
Plantation Road, Plantation, Florida 33324 with the privilege of having its office and branch offices
at other places within or without the State of Florida. The initial registered agent at that address shall
be Kristin Rahm, NRAI Services, Inc.
IN WITNESS WHEREOF, the Incorporator has affixed her signature the day and year set
forth below.
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Incorporator fj
Dated this c 011 day of i c 2014.
CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE
SERVICE OF PROCESS WITHIN TI -HS STATE, NAMING AGENT
UPON WHOM PROCESS MAY BE SERVED.
In compliance with the laws of Florida, the following is submitted:
That desiring to organize under the laws of the State of Florida with its principal office, as
indicated in the foregoing Articles of Incorporation, in the County of Seminole, State of Florida,
the Association named in the said articles has named NRAI Services, Inc., whose address is 1200
South Pine Island Road, Plantation, Florida 33324 as its statutory registered agent.
Having been named the statutory agent of said Association at the place designated in this
certificate, I am familiar with the obligations of that position, and hereby accept the same and agree
to act in this capacity, and agree to comply with the provisions of Florida law relative to keeping
the registered office open.
Krijon Rahm, Assistan ecretary to NRAI
Se ices, Inc., Registered Agent
DATED this 14 [-k day of , 2014
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H14000072696
Exhibit "D"
Initial Use Restrictions
For purposes of these Use Restrictions, unless the context otherwise requires, Owner shall also
include the family, invitees, guests, licensees, lessees and sublessees of any Owner, and any other
permitted occupants of a Residential Unit. All the Property shall be held, used and enjoyed subject to
the following limitations and restrictions, subject to the exemption of Declarant in Article VIII, Section
10 of the Declaration:
1. Nuisance. Subject to allowances for reasonable construction activities, no obnoxious
or offensive activity shall be carried on, in or about the Lots or in or about any Improvements, or on any
portion of Thornbrooke, nor shall anything be done therein which may be or become an unreasonable
annoyance or a nuisance to any Owner. No use or practice shall be allowed in or around the Lots which
is a source of annoyance to Owners or occupants of Residential Units or which interferes with the
peaceful possession or proper use of the Lots or the surrounding areas. No loud noises or noxious odors
shall be permitted in any Improvements or Residential Units. Without limiting the generality of any of
the foregoing provisions, no horns, whistles, bells, wind chimes or other sound devices (other than
security devices used exclusively for security purposes), noisy or smoky vehicles, large power
equipment or large power tools, unlicensed off -road motor vehicles or any items which may
unreasonably interfere with television or radio reception of any Owner shall be located, used or placed
on any Lot, or exposed to the view of other Owners without the prior written approval of the
Architectural Review Board ( "ARB ").
2. No Improper Uses. No improper, offensive, hazardous or unlawful use shall be made
of any Lot or the Residential Unit thereon nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance or nuisance to any person using any portion of the Property. The
Property will be subject to, and the Association and each Owner will confonn to and observe, all laws,
statutes, ordinances, rules and regulations of the United States of America, the State of Florida,
Seminole County, the City of Sanford and any and all other governmental and public authorities and
boards or officers of the same relating to such Property and any Improvements thereon or the use
thereof. Violations of laws, orders, rules, regulations or requirements of any governmental agency
having jurisdiction thereover relating to any Lot or Residential Unit shall be corrected by, and at the sole
expense of the Owner of such Lot.
3. Leases. No portion of a Residential Unit (other than an entire Residential Unit) may be
rented. All leases must be in writing and shall have a term of no less than seven (7) months. No Owner
may lease his or her Residential Unit more than one (1) time in any 12 -month period, even if a tenant
defaults on a lease or abandons the Residential Unit before expiration of the lease term. No lease shall
provide for an early lease termination which would reduce a lease term to a period of less than said
seven (7) months, except in the event of a default by the tenant. Any lease tenninated as a result of a
default or otherwise, shall nevertheless still count towards the foregoing rental limitations. The
restrictions on lease terms set forth in this paragraph shall not apply to Residential Units owned or
leased by Declarant;, its Affiliates, or persons Declarant approves, in connection with their development,
construction, or sale of property in Thornbrooke. All leases must be provided to the Association a
minimum of ten (10) days before they are effective. Each Owner must provide tenants with copies of
the Thornbrooke Governing Documents prior to the lease effective date. All leases shall provide, and if
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they do not so provide then the leases shall be deemed to provide, that the Association shall have the
right to terminate the lease upon default by the tenant in observing any of the provisions of this
Declaration, the Articles, the By -Laws, applicable rules and regulations, or of any other agreement,
document or instrument governing the Lots or Residential Units. The Owner of a leased Residential
Unit shall be jointly and severally liable with such Owner's tenant for compliance with Thornbrooke
Governing Documents and to the Association to pay any claim for injury or damage to property caused
by the negligence of the tenant. Every lease shall be subordinate to any lien filed by the Association
whether before or after such lease was entered into.
4. Removal of Sod and Shrubbery; Alteration of Drainage Etc. Except for Declarant's acts
and activities with regard to the development of Thornbrooke, no Improvements (including, but not
limited to, driveways and landscaping) and no sod, top soil, muck, trees or shrubbery shall be removed
from Thornbrooke and no change in the condition of the soil or the level of the land of any of
Thornbrooke area shall be made which would result in any permanent change in the flow or drainage of
storm water within Thornbrooke without prior written consent of the Association and the ARB.
5. Addition of Landscaping; Alteration of Drainage Etc. If an Owner receives approval to
install additional landscaping to his or her Lot, the Owner is responsible for increased costs in the
maintenance of the additional landscaping and the Association or the landscape maintenance company
will bill the Owner directly for the additional maintenance and the Owner is responsible for payment of
the increased maintenance. The installation of additional landscaping shall not result in any permanent
change in the flow or drainage of storm water within Thornbrooke without prior written consent of the
ARB and the Association.
6. Antenna and Aerial. No outside television, radio or other electronic towers, aerials,
antennae, satellite dishes or device of any type for the reception or transmission of radio or television
broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted
to remain on any portion of the Property or upon any improvements thereon, unless expressly approved
in writing by the Association, except that this prohibition shall not apply to those satellite dishes that are.
one (1) meter (39.37 inches) in diameter or less, and specifically covered by 47 C.F.R, Part 1, Subpart S,
Section 1.4000, as amended, promulgated under the Telecommunications Act of 1996, as amended from
time to time. The Association is empowered to adopt rules governing the types of antennae which may
be permitted and restrictions relating to safety, location and maintenance of antennae. The Association
may also adopt and enforce reasonable rules limiting installation of permissible dishes or antennae to
certain specified locations, and integrated with the Property and surrounding landscape, to the extent that
reception of an acceptable signal would not be unlawfully impaired by such rules and provided the cost
of complying with such rules would not unreasonably increase the cost of installation of pennissible
dishes or antennae. Any permissible dishes or antennae shall be installed in compliance with all federal,
state and local laws and regulations, including zoning, land use and building regulations. Further, any
Owner desiring to install permissible dishes or antennae may, but is not obligated, submit plans and
specifications for same to the Association to ensure compliance with the Association's rules governing
the types of permissible antennae and restrictions relating to safety, location and maintenance of
antennae. This Section 6 shall not apply to Declarant.
7. Garbage and Trash. Each Owner shall regularly pick up all garbage, trash, refuse or
rubbish around his or her Lot, and no Owner or resident shall place or dump any garbage, trash, refuse
or other materials on any other portions of Thornbrooke, including any Common Area or any property
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contiguous to Thornbrooke. Garbage, trash, refuse or rubbish shall be deposited in any dumpsters
provided within Thornbrooke.
8. Radio Transmission. No ham radios or radio transmission equipment shall be operated or
permitted to be operated within Thornbrooke without the prior written consent of the Association.
9. Signs. An Owner (with the exception of Declarant, for so long as Declarant is offering
Residential Units for sale in the ordinary course of business) shall show no sign, advertisement or notice
of any type on the Common Areas, other portions of Thornbrooke, in or upon his or her Residential
Unit, or in or upon his or her vehicle(s), so as to be visible from the Common Areas, or any public way,
except as may be previously and specifically approved in writing by the Association and the ARB
pursuant to Article VIII of the Declaration. As used herein, the phrase "ordinary course of business"
shall mean any method of sale employed by Declarant to sell Residential Units, including, but not
limited to, having a. sales office, using the services of any broker or advertising Residential Units for
sale. Declarant specifically reserves the right to place and maintain identifying or informational signs on
any building located in Thornbrooke as well as any signs in connection with its sales activities.
10. Animals and Pets. Each Residential Unit is permitted to have two (2) domestic pets (i.e.,
dogs and cats) in the Residential Unit without the prior written permission of the Board. The restriction
on the number of pets shall not apply to birds and fish. Permitted pets shall only be kept subject to and
in accordance with such rules and regulations as shall be promulgated from time to time by the
Association. However, under no circumstances will any dog whose breed is noted for its viciousness or
ill- temper, in particular the "Pit Bull" (as hereinafter defined), Presa Canario, or any crossbreeds of such
breeds, be permitted on any portion of the Property. A "Pit Bull" is defined as any dog that is an
American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog
displaying a majority of the physical traits of any one (1) or more of the above breeds, or any dog
exhibiting those distinguishing characteristics which substantially conform to the standards established
by the American Kennel Club or United Kennel Club for any of the above breeds. No exotic pet or any
animal of any kind which has venom or poisonous defense or capture mechanisms, or if let loose would
constitute vermin, shall be allowed on any portion of the Property. Trained seeing -eye dogs will be
permitted for those persons holding certificates of blindness and necessity. Other animals will be
permitted if such animals serve as physical aides to handicapped persons and such animals have been
trained or provided by an agency or service qualified to provide such animals, The guide or assistance
animal will be kept in direct custody of the assisted person or the qualified person training the animal at
all times when on the Property and the animal shall wear. and be controlled by a harness or orange -
colored leash and collar. Pets may not be kept, bred or maintained for any commercial purpose. Any
pet must be temporarily caged, carried or kept on a leash when outside of a Residential Unit. No pet
shall be kept outside a Residential Unit or on any lanai, unless someone is present in the Residential
Unit. No dogs will be curbed in any landscaped area or close to any walk, but only in special areas
designated by the Association, if any, provided this statement shall not require the Association to
designate any such area. An Owner shall immediately pick up and remove any solid animal waste
deposited by his or her pet. The Owner shall compensate any person hurt or bitten by his or her pet and
shall indemnify the .Association and hold it harmless against any loss or liability of any kind or character
whatsoever arising from or growing out of having any animal within the Property. If a dog or any other
animal becomes obnoxious to other Owners by barking or otherwise, the Owner thereof must cause the
problem to be corrected; or, if it is not corrected, the Owner, upon written notice by the Association, will
be required to permanently remove the animal from the Property. All pets must be registered, licensed
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and inoculated as required by law. The Association will promulgate rules and regulations from time to
time designating other rules as necessary to regulate pets.
11. Clotheslines. No clothesline or clothes drying which is visible from outside a building
shall be undertaken or permitted on any portion of Thornbrooke.
12. Temporary Buildings, Etc. No tents, trailers, shacks or other temporary buildings or
structures shall be constructed or otherwise placed within Thornbrooke except in connection with
construction, development, leasing or sales activities permitted under the Declaration or with the prior
written consent of the Association. No temporary structure may be used as a residence.
13. Lakes. No docks shall be constructed within or adjacent to a lake. Owners are prohibited
from using the lakes for irrigation purposes. Swimming and watercraft are prohibited in the lakes.
However, fishing is permitted in the lakes on a "catch and release" basis only. All tackle, lines, or lures
must be removed from the fish and the fish is to be returned to the water. Anyone fishing must be
licensed to do so as may be required by the State, Seminole County or the City of Sanford.
14. Fences. Fences cannot exceed four (4) feet in height and must be black aluminum.
Townhome Lots cannot have fences of any kind.
15. Drainage or Utility Easements. No structures, trees or shrubs shall be placed on any
drainage or utility easements, except by Declarant, without the prior written consent of the Association.
16. Additions and Alterations. No Residential Unit shall be enlarged by any addition thereto
or to any part thereof, and no Owner shall make any improvement, addition or alteration to the exterior
of his or her Residential Unit, including, without limitation, the painting, staining or varnishing of the
exterior of the Residential Unit, without the prior written approval of the ARB as set forth in the
Declaration, which approval may be withheld for purely aesthetic reasons.
17. Increase in Insurance Rates. No Owner may engage in any action which may reasonably
be expected to result in an increase in the rate of any insurance policy or policies covering or with
respect to any portion of the Property not owned by such Owner.
18. Minim;, Drilling, or Excavation. There shall be no mining, quarrying or drilling for
minerals, oil, gas or otherwise ( "Mining Activity ") undertaken on the Property. Activities of Declarant,
or the Association in dredging, excavating or maintaining drainage or other facilities or easements, shall
not be deemed Mining Activities nor will the installation of wells or pumps for sprinkler systems in
compliance with applicable governmental requirements be deemed a Mining Activity.
19. Maintenance of Property. The Property and Improvements thereon shall be kept in a
good, safe, clean, neat and attractive condition, and all Improvements thereon shall be maintained in a
finished, painted and attractive condition. No weeds, underbrush or other unsightly growth shall be
permitted to grow or remain upon any portion of the Property, no refuse or unsightly objects shall be
allowed to be placed or permitted to remain anywhere thereon, and no grass on said Property shall be
permitted to grow to a height in excess of four inches (4 ") for improved property and ten inches (10 ")
for unimproved property. Excepted from the foregoing shall be all construction debris, refuse, unsightly
objects and waste upon any portion of the Property owned by Declarant or its nominee through the
period of construction of Residential Units or other Improvements upon the Property. During
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construction of a Residential Unit or other Improvement upon any portion of the Property, the Owner
thereof shall be required to maintain said property in a clean condition and, except -for the initial
construction of Residential Units by Declarant or its nominee, to provide receptacles for the disposal of
trash and rubbish as well as other construction debris, All such construction debris, refuse, unsightly
objects and waste on a portion of the Property must be removed within thirty (30) days after the
completion of construction of the Improvement on such portion of the Property, as evidenced by
issuance of a certificate of occupancy, if applicable.
Upon the failure of an Owner(s) to (i) maintain the portion of the Property and any Improvement
thereon which such party is responsible to maintain in accordance with the requirements of the
Declaration and to the satisfaction of the Association, and (ii) correct such deficiencies within fifteen
(15) days of written notice by the Association, unless a longer period is authorized by the Association.
The Association may enter upon such portion of the Property and make such corrections as may be
necessary. The cost of such corrections shall be paid by the Owner who is required to perform such
maintenance. If any Owner(s) fails to make payment within fifteen (15) days after requested to do so by
the Association, then the payment requested shall be collected as a benefited assessment from such
Owner and the Association shall be entitled to lien rights upon such Lot requiring such maintenance in
accordance with the provisions of the Declaration.
20. Subdivision and Partition. No Lot on the Property shall be subdivided.
21. Casualty Destruction to Improvements. In the event a Residential Unit(s) and /or other
Improvements) upon a Lot(s) is damaged or destroyed by casualty, hazard or other loss then, within a
reasonable period of time after such incident, the Owner(s) thereof shall either commence to rebuild or
repair the damaged Residential Unit(s) or Improvement(s) upon obtaining ARB approval, if required
hereunder, diligently continuing such rebuilding or repairing activities to completion or, upon a
determination by the Owner(s) thereof that the Residential Units(s) or Improvement(s) will not be
repaired or replaced, promptly clear the damaged Residential Units(s) or Improvement(s) and grass over
and landscape such Lot(s) as applicable, in a sightly manner consistent with Declarant's plan for
beautification of Thornbrooke. Any damaged or destroyed Residential Unit(s) and other Improvements
shall only be repaired or replaced with Residential Unit(s) and other Improvements of a similar size and
type as those damaged or destroyed and without substantial alteration from what existed prior to the
damage or destruction, unless the prior written approval of the ARB is obtained.
22. Common Area. Nothing shall be stored and /or constructed within or removed from any
Common Area other than by Declarant, except with the prior written approval of the Association.
23. Buffer Easement and Drainage Easement. No Improvement on a Lot shall be placed
within a buffer easement and drainage easement, and any Improvement placed within the buffer
easement and drainage easement shall be removed by Declarant or by the Association. The cost of such
removal shall be paid by such Owner(s) as a benefited assessment.
24. Boats Recreational Vehicles and Commercial Vehicles. No motor homes, trailers,
recreational vehicles, boats, campers, vans or trucks used for commercial purposes, gas powered
scooters, all- terrain vehicles and gas powered recreational vehicles, other than licensed four -wheel
passenger automobiles and other licensed four -wheel passenger vehicles determined acceptable by the
Association shall be permitted to be parked on any portion of Thornbrooke, except for trucks furnishing
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goods and services during the daylight hours and except as the Association may designate for such use
by appropriate rules and regulations. The Association shall have the right to authorize the towing away
of any vehicles in violation of these provisions with the costs to be borne by the owner or violator. In
addition, the Board shall adopt rules and regulations from time to time regulating and limiting the size,
weight, type and place and manner of operation of vehicles in Thornbrooke.
25. Vehicular Parkin. No person, firm or corporation shall park or cause to be parked any
vehicle on any portion of the Property other than in garages and in driveways on individual Lots or other
specifically designated parking areas located on the Property. Owners are prohibited from parking on
Thornbrooke roadways. The foregoing, however, shall not: (i) apply to Owners who have construction
in progress on their particular Lot; (ii) prohibit routine deliveries by tradesmen, or the use of trucks or
commercial vans in snaking service calls and short term visits; (iii) apply to a situation where a vehicle
becomes disabled and, as a result of an emergency, is required to be parked within Thornbrooke until it
can be towed away; and (iv) apply to vehicles used in connection with construction, development or
sales activities permitted under the Declaration.
No person, firm or corporation shall maintain or repair any vehicle (including, but not limited to,
four -wheel passenger automobiles) upon any portion of the Property; provided, however, Declarant its
successors, nominees or assigns and the Association may make, or cause to be made, such repairs if
necessary in regard to vehicles used in connection with construction, sales or management at
Thornbrooke. Vehicles which are missing one or more wheels, have one or more deflated tires, are not
in an operating condition, or do not have current valid license plates shall not remain upon any portion
of the Property for more than two (2) consecutive days. No Owner or his or her family members, guests,
invitees or lessees or their family members, guests, or invitees shall be permitted to keep any vehicle on
the Property which is deemed to be a nuisance by the Association or Declarant.
26. Window Decor. No newspaper, aluminum foil, sheets or other temporary window
treatments shall be permitted, except for periods not exceeding two (2) weeks after an Owner or a lessee
first moves into a Residential Unit or when permanent window.treatments are being cleaned or repaired.
Window coverings seen from the outside of a Residential Unit shall be neutral in color (white or beige).
Window tinting is permitted provided that the type and method of tinting is first approved by the ARB.
27. Hurricane Shutters. No hurricane shutters may be installed without the prior written
consent of the ARB, which consent may not be unreasonably withheld. If the installation of hurricane
shutters is made which does not conform with the specifications approved by the ARB, then the
hurricane shutters will be made to conform by the ARB at the Owner's expense or they shall be
removed.
Approved hurricane shutters shall not be installed or closed, as applicable, before the issuance of
a hurricane watch by the National Hurricane Center encompassing Thornbrooke location, and shall be
removed no later than ten (10) days after the cessation of a hurricane watch or warning for same
( "Hurricane Shutter Time Period "), however, if the hurricane shutters are clear in color they shall be
allowed to remain installed or closed, as applicable, if the Owners are absent during hurricane season.
Each Owner who plans to be absent from his or her Home during the hurricane season must
prepare his or her Lot prior to such Owner's departure by (a) removing all furniture, potted plants and
other movable objects from his or her porch, balcony or patio, if any; (b) designating a responsible firm
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or individual satisfactory to the Association to install and remove hurricane shutters in accordance with
the Hurricane Standards and the Hurricane Shutter Time Period requirements; and (e) designating a
responsible firm or individual satisfactory to the Association to care for the Residential Unit should the
Residential Unit suffer hurricane damage. Such firm or individual shall contact the Association for
clearance to install or remove hurricane shutters pursuant to the Declaration.
28. Landscaping, Lawn Decor, and Improvements. No Improvements of any kind including,
without limitation, any building, shed, play structure, basketball hoops, soccer goals, swing sets,
athletic /play equipment, wall, topographical feature, mailbox, landscaping, lawn sculpture, fence,
swimming pool, tennis court or screened enclosure shall be erected, placed or maintained, and no
addition, alteration, modification or change to any such Improvement shall be made without the prior
written approval of the ARB, including, but not limited to, painting the Residential Unit in a color other
than the color originally placed by Declarant on the painted surface.
29. Basketball Backboards. No garage, roof mounted, portable or in- ground mounted
basketball backboards are permitted.
30. Water Supply. No individual water supply system for drinking purposes or household
use shall be permitted on any Lot, including for irrigation or sprinkler purposes.
31. Sewage Disposal. No individual sewage disposal system shall be permitted on the
Property.
32. Yard Sales. No yard sales or neighborhood sales shall be permitted on any Lot or any
other area in Thornbrooke unless approved in writing by the Board.
33. Certain Vehicles Prohibited. All powered vehicles capable of exceeding 5 miles per hour
are prohibited from use on Thornbrooke property unless they are licensed, registered, and insured.
Specifically, any motorcycle, moped or motorized scooter used in Thornbrooke may only be driven by a
licensed driver, and must be registered and insured in accordance with Florida law. Specifically
exempted from this regulation are electric personal assistive mobility devices as defined under Section
316.003(83), Florida Statutes, and any other bona -fide "assistive technology devices" as defined in
Section 427.802(1) Florida Statutes and any special mobile equipment as defined under Section
316.003(48) Florida Statutes, provided that such equipment may not be operated in a manner that creates
a traffic hazard, or which poses a threat of harm to the user of such equipment.
34. Garages. No garage shall be erected which is separate from the Residential Unit. No
garage shall be permanently enclosed so as to make such garage unusable by an automobile, and no
portion of a garage originally intended for the parking of an automobile shall be converted into a living
space or storage space and no garage opening shall have a screen covering without the consent of the
Association. All garage doors shall remain closed when vehicles are not entering or leaving the garage.
35. Compliance with Governing Documents. Each Owner and his or her family members,
guests, invitees and lessees and their family members, guests and invitees shall be bound by and abide
by the Governing Documents. The conduct of the foregoing parties shall be considered to be the conduct
of the Owner responsible for, or connected in any manner with, such individual's presence within
Thornbrooke, Such Owner shall be liable to the Association and shall pay the cost of any maintenance,
repair or replacement of any real or personal properly located on the Common Area rendered necessary
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by his or her act, neglect or carelessness, or by that of any other of the foregoing parties as a benefited
assessment.
36. No Implied Waiver. The failure of the Association or Declarant to object to a Owner's or
other party's failure to comply with the covenants or restrictions contained herein or any other
Governing Document (including the rules now or hereafter promulgated) shall in no event be deemed a
waiver by Declarant, the Association, or of any other party having an interest in the Property of its right
to object to same and to seek compliance in accordance with the provisions of the Governing
Documents.
37. Certain Rights of Declarant. The provisions, restrictions, terms and conditions of these
Use Restrictions shall not apply to Declarant as an Owner.
38. Board's Rule - Makin: Power. The foregoing Use Restrictions shall not be deemed to be
all inclusive nor restrict the right of the Association to adopt such reasonable rules and regulations
governing the use of Thornbrooke as the Board may determine from time to time, provided that such
rules and regulations: (i) are not in conflict with the provisions hereof, (ii) apply equally to all lawful
residents of Thornbrooke without discriminating on the basis of whether a Residential Unit is occupied
by an Owner or his or her lessee; and (iii) for so long as Declarant holds any Residential Units within
Thornbrooke for sale in the ordinary course of its business, have the prior written approval of Declarant.
Declarant has the right to approve any rule or modification thereof.
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