Thursday, October 20, 2011
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HOA Board Members
President: Barry Buchmiller - 345-4977
Internal V.P:
External V.P: Lisa Groeneveld -
Treasurer:
Secretary: Sharon Ricks- 544-0065
sricks1407@aol.com
M A L: Judy Thompson - 544-0352
wthomp3@aol.com
ACC Committee -
Crime Watch Chair-
Bill Thompson - 544-0352
Internal V.P:
External V.P: Lisa Groeneveld -
Treasurer:
Secretary: Sharon Ricks- 544-0065
sricks1407@aol.com
M A L: Judy Thompson - 544-0352
wthomp3@aol.com
ACC Committee -
Crime Watch Chair-
Bill Thompson - 544-0352
Preston Hollow HOA Deed Restrictions
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS OF PRESTON HOLLOW
THIS DECLARATION commences on this 31stday of May, 1991. Known as Hernando 8O Associates, a Florida General Partnership (hereinafter referred to as the ?Declarant?).
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Hernando County, Florida which is more particularly described as follows:
See Exhibit ?A? which is attached hereto and by this reference made a part hereof; and
WHEREAS, for the purposes stated hereinafter, the Declarant desires to impose upon such property certain covenants, conditions and restrictions which will touch and concern such property and are intended by Declarant to be covenants running with the land.
NOW, THEREFORE, Declarant hereby declares that the property described hereinabove shall be held, sold and conveyed subject to the following easements, covenants, conditions, and restrictions which Declarant imposed upon such property for the purpose of protecting the value and desirability of the property, and which shall run with the property and be binding on all parties having any right, title or interest in the property or any part thereof, and on their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, the following words when used in this Declaration shall have the following meanings:
(a) ?Association? shall mean and refer to Preston Hollow Homeowners Association, Inc., a Florida corporation not for profit, which is to be incorporated, its successors and assigns.
(b) ?Board of Directors? shall mean the Board of Directors of the Association.
(c) ?Owner? shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any residential Lot or Unit which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligations.
(d) ?Properties? shall mean and refer to that certain real property hereinabove described, and any additions thereto, as are subject to this Declaration or any Supplemental Declaration pursuant to the provisions hereof. Declarant may from time to time bring other lands under the provisions hereof and under the jurisdiction of the Association by recording Supplemental Declarations.
(e) ?Common Area? shall mean all real property owned by the Association, and such additional properties or facilities as may from time to time be designated as Common Area under this Declaration or any Supplemental Declarations, each such designation to be by recorded instrument, together each ?such designation to be by recorded instrument, together with the landscaping and any improvements thereon, including, but not limited to, all roads, road curbs, parking areas, structures, recreational facilities, tennis court, nature trails, open spaces, walkways, sprinkler systems, signs, and street lights, which are owned by the Association and which have not been dedicated to, and accepted by, any appropriate governmental authority or special taxing district, for a public purpose, and excluding any public utility, or CATV, installations, lines, equipment or easements thereon. The Common Area to be owned by the Association at the time of the Declarant?s conveyance of the first Lot is shown on the Plat of PRESTON HOLLOW recorded on Plat Book 25 , Pages_41&42of the Public Records of Hernando County, Florida, as Preston Hollow (the ?Plat?).
(f) ?supplemental Declaration? shall mean any document recorded in the public records of Hernando County, Florida which supplements, amends or alters this Declaration or any such document that brings other land under the provisions of this Declaration.
(g) ?Lot? shall mean and refer to any residential and individual plot of land within the Properties and shown upon any recorded subdivision map or resubdivision map of the Properties together with any improvements located thereon prior to the issuance of a certificate of occupancy or other comparable certification.
(h) ?Unit? shall mean and refer to any Lot, together with any improvements located thereon, for which a Certificate of Occupancy or other comparable certification has been issued.
(i) ?Declarant? shall mean and refer to Hernando 80 Associates, a Florida Corporation, and its designated successors or assigns.
(j) ?Member? shall mean and refer to all those Owners who are members of the Association, as provided in Article III, section 1, hereof.
ARTICLE II
PROPERTY RIGHTS IN COMMON AREA
Section 1. OWNERSHIP. The Common Area is hereby dedicated to the joint and several use, in common, of the Owners of all Lots or Units. Before the sale of any Lot or Unit to an Owner, the Declarant shall convey and transfer all of its interest in the Common Area to the Association and the Association shall accept such conveyance. Thereafter, the Association shall be responsible for the maintenance of the Common Area in a perpetual, continuous and satisfactory manner without costs to the general taxpayers of the County of Hernando. It is intended that the Common Area will be owned exclusively by the Association but that all real estate taxes assessed against the Common Area shall be the pro rata responsibility of, and shall be assessed against and payable as part of the taxes on the individual Lots or Units within the Properties. The Declarant shall have the right, from time to time to enter upon the Common Area during periods of construction upon adjacent properties for the purpose of developing such adjacent properties and for the purpose of completion of improvements or of facilities on the Common Area which Declarant is committed to construct or provide. The Owner of a Lot or Unit shall have no personal liability solely by reason of being an Owner for any damages for which the Association is legally liable or arising out of, or connected with, the existence or use of the Common Area or any other property required to be maintained by the Association.
Section 2. MEMBER?S EASEMENTS. Each Member and each tenant, agent, guest or invitee of such Member shill have a permanent and perpetual casement for the use and enjoyment of the Common Area; such easements shall be appurtenant to and shall pass with the title to every Lot or Unit. Such easements shall be reciprocal and in common with all other Owners, their tenants, agents, guests and invitees, subject to the following provisions:
(a) The right and duty of the Association to make and levy assessments against each Lot or Unit owned by a Class A member and each Unit owned by the Class B member, f or the purpose of maintaining the Cannon Area.
(b) The right of the Association to charge reasonable admission and other fees f or the use of the Common Area and for goods and services provided by the Association.
(c) The right of the Association to suspend the voting rights and the right to use of the Common Area, of a Member for any period during which any assessment against his Lot or Unit remains unpaid, and f or a period not to exceed sixty (60) days from any infraction of its published rules and regulations.
(d) The right of the Association to dedicate or transfer all or any part of the Common Area to any other person, entity or to any public agency, authority, or utility for such purposes and subject to such conditions as set forth in this Article and as may be agreed upon by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of Members agreeing to such dedication or transfer has been recorded. In the event that any Common Area is dedicated to the County of Hernando or any other appropriate governmental authority of special taxing district, for public purposes, said Common Area shall cease to be subject to these covenants and conditions as of the date of said dedication, except as provided in this subparagraph (d); provided, however, that if a reversionary interest is retained in any Common Area so dedicated, then in the event said Common Area reverts to the dedicator, these covenants and conditions shall apply in full force and effect to said Cannon Area as if dedication had never occurred.
It any Common Area so dedicated to the County of Hernando or any other appropriate governmental authority or special taxing district, requires supervisory maintenance to be performed by the dedicator, the provisions of this Declaration, and any Supplemental Declarations, including those relating to assessments shall apply to the extent necessary to provide said supervisory maintenance according to the covenants and conditions of this Declaration and any Supplemental Declarations.
Section 3. EASMENTS APPURTENANT. The easements provided in Section 2 and section 6 of this Article IX and section U. of Article XX shall be appurtenant to and shall pass with, and as an indivisible appurtenance to, the title to each Lot or Unit.
Section 4.a MAINTENANCE. The Association shall at all times maintain the Common Area, and any portion of any Lot or Unit burdened by any easement as shown on the flat or reserved hereby, in good repair and shall replace, as often as necessary, any and all improvements situated in the Common Area, including, but not limited to, any recreational facilities, retention areas, buildings, landscaping, roads, paving, parking areas, tennis court, drainage structures, street lighting fixtures and appurtenances, sidewalks, signs, or any other structures, except utilities which have not been dedicated to. and accepted by, an appropriate governmental authority or special taxing district for maintenance; all such work to be done by licensed professionals as ordered by the Board of Directors of the Association. All work pursuant to this section and all expenses hereunder shall be paid for by the Association through assessments imposed in accordance with Article IV. Such assessments shall be against all Lots and Units owned by Class A Members equally. No Class A Member may waive or otherwise escape liability f or the assessments for such maintenance by non-use of the Common Area or by abandonment of his right to use said Common Area. Refer to page 17 Section 12 - Drainage f or SWIFTMUD requirements.
Section 4.b FUTURE OPERATION AND MAINTENANCE. The operation and maintenance entity is required to provide for the inspection of the surface water management system by a Florida registered Professional Engineer to assure that the system is properly operated and maintained. Inspection schedules will be specifically stated in the permit. For those systems utili5ing effluent filtration or exfiltration, the inspections shall be performed 18 months after operation is authorized and every 18 months thereafter. A written report of the finding of the inspection shall be filed with the District within 30 days of the date of the inspection. The District shall supply the form necessary for this.
Section 5.c OPERATION OF THE COMMON AREA. The Association shall at all times operate, supervise, control and manage the Common Area and any income producing activities that may be established or permitted to operate in the Common Area. The Association, in its sole discretion, shall determine all activities and programs to be carried on in the Common Area and shall employ the necessary personnel required thereof as it determines in its sole discretion.
Section 6.d EASEMENTS. Easements for the installation and maintenance of utilities and CATV and for the installation and maintenance of drainage facilities are reserved as shown on the Plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain that may damage any structure installed in accordance with said easements, or prevent the installation and maintenance of utilities in the utility easements, or that may change the direction of flow of drainage channels in the drainage easements, or that may obstruct or retard the flow or water through drainage channels in the drainage easements. The easement area of each Lot or Unit and all improvements thereon shall be maintained continuously by the Association except f or installations f or which a special taxing district, public authority, utility company or CATV company is responsible.
All original grantees of the above stated easements, and their respective successors and assigns, shall have a perpetual easement for the installation and maintenance of all water lines, sanitary sewers, gas mains, storm drains, electric, CATV and telephone lines, under and through the utility and drainage easements as shown on the plat. There is hereby reserved a perpetual easement over the entire Common Area for the installation and maintenance of cable and community antenna radio and television lines. Any damage to pavements, driveways, drainage structures, sidewalks or other structures in the installation and maintenance of such utilities shall be promptly restored and repaired by the utility or company whose installation or maintenance caused such damage. All utilities within the Properties, whether within street rights?of-way or within utility easements, shall be installed and maintained underground, unless approval for above-ground installation is first obtained from the Architectural Control Committee and such installation and approval is not inconsistent with applicable laws, codes, ordinances, rules and regulations.
Section 7. PUBLIC EASEMENTS. Fire, police, health, sanitation, and other public service personnel and vehicles shall have a permanent, perpetual and non-exclusive easement for ingress and egress over and across the Common Area.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. MEMBERSHIP. Every person or entity who is a record owner of a fee or undivided interest in any Lot or in any Unit shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section 1, any such person or entity who holds such interest merely as a security for the performance of any obligation shall not be a Member of the Association. Membership in the Association shall be automatic and appurtenant to, and may not be separated from, the ownership of any Lot or Unit.
Section 2. VOTING RIGHTS. The Association shall have two (2) classes of voting membership:
Class A: Class A Members shall be all those Owners, as defined in Section 1, of Lots or Units, with the exception of the Declarant. Class A Members shall be entitled to one (1) vote for each Lot or Unit in which they hold the interest required for membership in Section 1. When more that one person holds such interest or interests in any Lot or Unit, all such personal shall be Class A Members, and the vote for such Lot or Unit shall be exercised as they, among themselves, determine; but in no event shall more than one (1) vote be cast with respect to any such Lot or Unit.
Class B: Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for every Lot or Unit owned. Unless converted earlier and voluntarily by the Declarant, the Class B membership shall cease, and be converted to Class A membership, upon the earliest of the following events:
(1) When the total aggregate votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or
(2) Three (3) years from the date of the conveyance by Declarant of the first Lot; or
(3) One hundred and twenty (120) days after seventy five percent (75%) of the Lots have been conveyed by the Declarant to Lot purchasers.
Section 3. RIGHTS, PRIVILEGES, AND RESPONSIBILITIES. The rights, privileges and responsibilities of each class of members shall be identical except as set forth herein.
ARTICLE IV
COVENANT FOR MAINTENANCE AND OPERATION ASSESSMENTS
Section 1.
LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS
The Declarant, for each Unit owned by it within the Properties, hereby covenants, and each Owner of any Lot or unit, by acceptance of a deed therefor, whether or not is shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association, as hereinafter provided:
(1) Annual assessments. Annual assessments shall include assessments for the maintenance and operation of the Common Area as provided in Sections 4 and 5 of Article II and which shall include such reasonable reserves as the Association may deem necessary. These annual assessments shall be collected in equal monthly installments unless otherwise determined by the Board of Directors; and
(2) Special assessments for capital improvements. Such assessments shall be for those purposes stated hereinafter and shall be fixed, established, and collected from time to time as hereinafter provided; and
(3) other assessments as hereinafter provided for.
The annual, special and other assessments, together with interest thereon and costs of collection of same, including reasonable attorneys? fees, shall be a burden and charge on the land and shall be a continuing lien upon the Lots and Units against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection of same, including reasonable attorneys? fees, shall also be the personal obligation of the person who was the Owner of the Lot or Unit at the time when the assessment fell due. the personal obligation for delinquent assessments shall not pass to the Owner?s successors in title unless expressly assumed by them. All assessments, whether annual, special or other, imposed by the Association, shall be against all Lots and units subject to its jurisdiction, fixed at a uniform rate per Lot or Unit, and shall be collected on a monthly basis unless otherwise determined by the Board of Directors.
section 2.
PURPOSE OP ASSESSMENT
The assessments levied by the Association shall be used exclusively for the general purpose of promoting the recreation, health, safety and welfare of the members of the Association, their families residing with them, their tenants and guests and, in particular, for the improvement, preservation, operation and maintenance of the Properties and the services and facilities, if any, devoted to this purpose and related to the use and enjoyment of the Common Area including but not limited to, the capital improvement, repair, replacement and addition thereto, and for the cost of labor, equipment, materials, management and supervision thereof.
Section 3.
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
In addition to the annual assessments, the Association may levy, in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement including the necessary fixtures and personal property related thereto that, in the judgment of the Board of Directors, benefits all Lots and Units, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of the Members who are voting, in person or by proxy, at a meeting duly called for this purpose in accordance with the provisions of the Bylaws of the Association.
Section 4.
DATE OP COMMENCEMENT OP ANNUAL ASSESSMENTS:
DUE DATE: The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement; provided, however, that such commencement date shall be subsequent to the conveyance of the Common Area to the Association.
The annual assessments shall be payable in the month of January and will be considered delinquent after January 31st unless otherwise determined by the Board of Directors.
The amount of the annual assessments that may be levied for the balance remaining in the first year of assessment shall be an amount beating the same relationship to the annual assessments provided for herein as the remaining number of months in such calendar year bears to the total number of months in said calendar year.
The due date of any special assessment levied under Section 3 hereof shall be fixed in the resolution authorizing such assessment.
Section 5.
DUTIES OF THE BOARD OP DIRECTORS
The Board of Directors shall fix the amount of assessment against each Lot or Unit and shall set the date of commencement for each assessment period at least thirty (30) days in advance of such date, and shall, at that time, prepare a roster of the Lots and Units and assessments applicable thereto, that shall be kept on file in the office of the Association and shall be open to inspection by any Owner.
Written notice of the assessment shall thereafter be sent to the Owner of every Lot or Unit subject thereto.
The Association shall, upon demand at any time, furnish to any Lot or Unit Owner liable for any assessments, a certificate in writing signed by an officer of the Association setting forth whether any assessments have been paid as to any particular Lot or Unit. This certificate shall be conclusive evidence of payment of any assessment, due to the Association, which is stated therein to have been paid.
From time to time, the Association, through the actions of its Board of Directors, may enter into an agreement or agreements, with one or more persons, firms or corporations, for the purpose of providing for the professional management, operation, and maintenance of, the Common Area.
Section 6.
AMOUNT OF ANNUAL ASSESSMENTS
Until January 1 of the year immediately following the conveyance of the first Lot to a Class A Member, the maximum annual assessment shall be $120.OO per Lot or Unit owned by Class A Members.
(a) Prom and after January 1 of the year immediately following the conveyance of the first Lot or Unit to an owner, the maximum annual assessment may be increased, each year, not more that ten percent (10%) above the maximum assessment for the previous year, without a vote of the membership of the association.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot or Unit to an owner, the maximum annual assessment may be increased, yearly, above 10% by a vote of two-thirds (2/3) of all voting members who are voting in person or by proxy, at a meeting duly called for this purpose.
(a) The assessment for each Lot or Unit owned by a Class A Member shall be equal to the assessment for each other such Lot or Unit. The Board of Directors of the Association shall, after consideration of current maintenance costs and future need of the Association, fix the actual assessment for each year in an amount not to exceed the maximum annual assessment.
Section 7.
EFFECT OP NONPAYMENT OF ASSESSMENT: THE PERSONAL OBLIGATION OF THE OWNER; THE LIEN: REMEDIES OF ASSOCIATION
If the assessments are not paid within thirty (30) days after the date when due (being the dates specified in Section 4 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and the costs of collection thereof, including attorneys? fees, as hereinafter provided, thereupon become a continuing lien on the Lot or Unit so assessed, which shall bind such Lot or Unit in the bands of the then Owner, his heirs, devises, personal representatives, successors and assigns. Notwithstanding, and in addition to, the fact of said continuing lien on the Lot or Unit, the personal obligation for the statutory period and such personal obligation shall not pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the date when due, the assessment shall bear interest from the date when due at the highest rate allowable by law, and the Association may bring an action at law against the Owner personally obligated to pay the same or may record a claim of lien against the Lot or Unit, may foreclose the lien against the Lot or Unit, or pursue one or more of such remedies at the same time or successively, and there shall be added to the amount of such assessment, and recoverable by the Association, the costs of collection of same, including, but not limited to, reasonable attorneys? fees, whether a suit is filed or otherwise, and the costs of preparing and filing the claim of lien and the lawsuit in any such action. Additionally, in the event that a judgment is obtained, such judgment shall include interest on the assessment as provided hereinabove and costs of collection and reasonable attorneys fees. Attorney's fees, as provided for herein, shall include attorney's fees and paralegal fees incurred in the enforcement of this Declaration whether or not an action is tiled, incurred in any action brought to enforce this Declaration or incurred in any appeal of such action, together with the costs associated with the enforcement of this Declaration.
No Owner may waive or otherwise escape liability f or the assessments provided for herein by nonuse of the Common Area or by abandonment of his Lot or Unit. It shall be the legal duty and responsibility of the Association to enforce the timely payment of the assessments.
In addition to the rights of collection of assessments stated in this Section 7, any and all persons acquiring title to, or an interest in, any Lot or Unit as to which the assessment is delinquent including, without limitation, persons acquiring such interest by operation of law and by judicial sale, shall not be entitled to the possession or occupancy of such Lot or Unit, or the enjoyment of the Conron Area, until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid; provided, however, that the provisions of this sentence shall not be applicable to the mortgages and purchases contemplated by Section 8 of this Article.
Section 8.
SUBORDINATION OF THE LIEN TO FIRST MORTGAGES AND TAX LIENS
The lien of the assessment provided for herein shall be subordinate to any tax lien and to the lien of any first mortgage encumbering said Lot or Unit. However, the sale or transfer of any Lot or unit pursuant to mortgage foreclosure, or any proceeding or deed in lieu thereof, shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or Unit from liability for any assessments thereafter becoming due or from the lien thereof.
Any unpaid assessment that cannot be collected as a lien against a Lot or Unit by reason of the provision of this Section shall be deemed to be an assessment divided equally among, payable by, and a lien against, all Lots and Units including the Lot or Unit as to which the foregoing sale or transfer took place.
section 9.
EFFECT ON DECLARANT
Notwithstanding any provision to the contrary contained herein, Declarant shall be liable for assessments only against Units owned by the Declarant; provided, however, that the assessment levied upon Units owned by the Declarant but which are not and have not previously been occupied shall be equal to only one-fourth (1/4) of the amount of assessments levied upon Lots and Units owned by persons other than the Declarant or owned by Declarant and which have been occupied. All Class A Members are liable for assessments against any Lot or Unit that they may own.
section 10.
TRUST FUNDS
The portion of all annual or other assessments collected by the Association reserved for future expenses, and the entire amount of all special assessments, shall be held by the Association in trust for the Owners of all Lots and Units, as their interests may appear, until disbursed as contemplated herein.
section 11.
NOTICE AND QUORUM
Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 6 hereof, shall be sent to all Members not less than thirty (30) days, nor more than sixty (60) days, in advance of the meeting. At the first such meeting called, the presence of Members, or of proxies therefor, entitled to cast thirty?three percent (33%) of all votes of each class or membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be one?half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held mote that seventy-five (75) days following the preceding meeting.
section 12.
SPECIAL TAXING DISTRICTS
In the event that a Special Taxing District is established to provide any services currently by, or which are the responsibility of, the Association, including but not limited to a special taxing district for street lighting, these covenants and conditions shall no longer be of any force and effect as to any such services provided by said Special Taxing Districts; provided, however, the covenants and conditions set forth herein shall continue to bind and run with the land as to all of the Properties for services not provided by said Special Taxing District. If said Special Taxing District is terminated for any reason, these covenants and conditions shall thereupon apply in full forced and effect as if said Special Taxing District had never been created.
Section 13.
RESERVES: WORKING CAPITAL FUND
The association is required to establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the Common Area, and any other areas within the Properties, for which the Association may be obligated to maintain. The fund shall be maintained out of the annual assessment for common expenses.
A working capital fund shall be established for the initial months of the project operation equal to at least three months of the applicable estimated annual assessment charge for each Lot or Unit. Each Lot?s or Unit?s share of the working capital fund must be collected and transferred to the Association at the time of closing of the sale of each Lot or Unit by the Declarant to the Lot?s or Unit?s initial purchaser(s) and maintained in a segregated account for the use and benefit of the Association. The purpose of the fund is to insure that the Board of Directors will have cash available to meet unforeseen expenditures, or to acquire additional equipment or services, deemed necessary or desirable by the Board of Directors. Amounts paid into the fund are not, and shall not be considered to be, advance payments of regular assessments, nor as capital contributions to the Association.
ARTICLE V
ARCHITECTURAL CONTROL
section 1.
PURPOSE: COMMON SCHEME: COVENANT
The Declarant intends that the Properties be planned, developed and constructed in a uniform and aesthetically compatible manner in order to preserve the value of the properties and in accordance with a common, and over-all scheme; said scheme being reasonably intended to promote and preserve the health, safety and general welfare of all Owners, their tenants, invitees and guests and further to promote and preserve the aesthetics of the Properties. In order to promote and fulfill these purposes and intentions, the Declarant for each Lot owned by it within the Properties hereby covenants, and each Owner of any Lot or Unit by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or conveyance, shall be deemed to covenant and agree that no building, fence, wall or other structure or improvement of any nature shall be commenced, erected, placed or maintained upon the Properties, nor shall any exterior addition to, change of, or alteration of the Properties, the Lots or the Units and the improvements located thereon be made, until the plans and specifications, showing the nature, kind, shape, heights, materials and location of the same shall have been submitted to, and approved in writing as to uniformity of aesthetics and harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee.
section 2.
ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee shall be a committee composed of not less than three (3) nor more than five (5) members. Until such time as the Class B membership of the Association ceases, and is converted to Class A membership pursuant to the provisions of Article XII, Section 2 hereof, the persons who shall comprise the Architectural Control Committee shall be appointed by Declarant; thereafter, the persons who shall comprise the Architectural Control Committee shall be appointed by the Board of Directors.
The Architectural Control Committee shall be a permanent committee of the Association and shall approve all proposed development or construction of improvements, including all additions, modifications or alterations thereto, or any proposed chance in the use of any part of the Properties. The Architectural Control Committee shall also assist and advise the Board of Directors in enforcing this Declaration and in publishing rules, regulations and guidelines, and may from time to time perform such other duties or functions as may be assigned to it by the Board of Directors. The initial Architectural Control Committee shall be composed of three (3) persons appointed from time to time by, and serving at the pleasure of, the Declarant. For so long as the Declarant has the right to appoint the committee members in accordance with the terms of this Declaration, members appointed to the Architectural Control Committee need not be owners of the Properties. Thereafter, the members of the Architectural Control Committee shall be selected from among the Owners. Nothing herein shall prevent the appointment, as an ex-officio or non-voting member, of any non-resident architect, engineer or other professional whose expertise or advice the Board of Directors deems necessary for the proper functioning of the Architectural Control Committee.
Section 3.
STANDARDS AND PROCEDURE FOR REVIEW
The standards which shall be applied by the Architectural Control Committee when reviewing requests for approval of the activities described hereinabove, shall be promulgated by the Architectural Control Committee; provided, however, that no such promulgated standards may be applied retrospectively to any such request and provided further, that all such standards shall be promulgated, applied and enforced without discrimination.
In the event that the Architectural Control Committee fails to approve, disapprove or approve with conditions, any requests for approval within forty-five (45) days after said plans and specifications have been submitted to it, the approval will no longer be required and the requirement of this Article will be deemed to have been satisfied as to that request.
The Architectural Control Committee may disapprove, or require modification to, any plans or specifications submitted to it for any reason and upon any basis including, but not limited to, purely aesthetic considerations. In determining whether to approve or disapprove of any submitted plans and specification, the Architectural Control Committee shall consider and shall be guided by the following.
(a) Individual lots are situated so as to provide the greatest view, privacy, use of natural topography, and preservation of natural vegetation for each Lot or Unit owner. Therefore the exact location of any structure will be controlled and must be approved by the Architectural Control Committee in each case.
(b) Because individual Lots vary in site, location, topography, and type of vegetation, standard set back regulations will vary in this Declaration. This allows the flexibility to insure that the location of each structure will provide the maximum amount of view and breeze and to insure that structures will be properly located with regard to the location of large trees and other similar considerations, The Developer reserves unto the Architectural Control Committee, its successors and assigns, the right to control absolutely and solely the precise location of any house, dwelling, or other structure to be constructed upon any Lot. This responsibility will be invoked without hesitation to assure that the overall objectives of the project are met; provide, however, that this will be done only after a reasonable opportunity as been afforded the owner to recommend a specific location of the improvements on his property.
(c) Setbacks: As a guideline to individual lot owner: Buildings and structures constructed on the Lots within this Subdivision shall observe the following setback requirements:
1. Front lot line/Right-of-way setback minimum setback shall be 40 feet; the maximum front setback shall be 60 feet.
2. Side lines shall carry a 15 foot minimum set back
3. The rear line shall carry a 25 foot setback with the exception of those lots bordering the outer extents of the approved master plan of Preston Hollow. These lots shall have a rear setback of 35 feet to comply with present zoning regulations. However, swimming pools, screen pool enclosures, and cabanas may be erected up to a distance of 15 feet from the rear line.
4. On irregular shaped lots, the Architectural Control Committee shall retain the right to permit buildings to be constructed as close as 25 feet to the front property/right? of?way line; 20 feet to the rear line and 10 feet to the side lot lines, even on corner lots when necessary.
5. On corner lots, the minimum side street setback shall be 25 feet from the side street line.
Section 4.
SIZE OF DWELLING
No residential structure will be approved with a living area, as that quoted term is defined from time to time pursuant to the standards promulgated by the Architectural Control Committee, of less that 1,800 square feet excluding garage or storage areas, nor will any residential structure be approved unless it has an enclosed garage capable of accommodating a minimum of two (2) automobiles.
Section 5.
STRUCTURE DESIGN MATERIALS AND COLOR
The Architectural Control Committee will strictly limit the exterior appearance of any structures built within the Properties. Only those designs which truly fit the development atmosphere and character will be approved. This may result in disapproval or require modification of designs which would be appropriate in other locations. It is specifically understood and agreed to by each Lot or Unit owner, that the Architectural Control Committee shall, in its sole discretion, have the right to approve or disapprove the design, color, and material of any structure on any grounds whatsoever, including purely aesthetic considerations.
No structure is to be more than 2-1/2 stories in height from the finished ground floor elevation.
All driveways are required to be of concrete construction and shall be installed, constructed and maintained in a manner aesthetically compatible with the character of the development.
No fence, hedge, wall or other dividing instrumentality over six (6) feet in height measured from the ground on which it stands shall be constructed or maintained on any Lot or Unit. No fence, wall, or other dividing instrumentality shall be of masonry or chain link construction and all fences, walls, and other dividing instrumentality shall be installed and constructed in an aesthetically compatible manner subject to approval by the Architectural Control Committee.
Section 6.
UTILITY SERVICE AND FEES
Each Owner shall connect improvements located on his Lot to utility systems which are available to the Lots at the time of completion, or to such additional systems as may become available from time to time. Such systems may, but need not necessarily, include the provision of electricity, water, sewer, septic tank, telephone service or CA?2V service. Owners are required to bring utility services from their boundary line to their residence. The Owner shall pay all fees connected with the installation and use of such facilities. The payment of such fees is a condition precedent to obtaining approval of any building plans and specifications.
Section 7.
APPROVAL OF ARCHITECTURAL CONTROL COMMITTEE
Upon approval or qualified approval of the Architectural Control Committee of any plans submitted pursuant to this Article V, the Architectural Control Committee shall: notify the applicant, in writing, of such approval or qualified approval; file a copy of such plans as are approved for the permanent record (together with such qualifications or conditions, if any); and, if requested by the applicant, provide the applicant with a copy of such plans bearing a notation of such approval or qualified approval. Approval of any such plans related to the Lot or Unit or any portion thereof shall be final as to such property and such approval may not be revoked or rescinded thereafter, provided: The Architectural Control Committee will require two complete sets of house prints. One will be kept for permanent record and the second set will be returned to the owner stamped approved or disapproved with such qualifications or conditions as deemed necessary in order to commence construction.
(a) That the improvements or uses described on or in such plans do not violate any easements, covenants, conditions or restrictions set forth in this Declaration or any other restrictions or covenants of record with respect to the Properties or any portion thereof; and
(b) That any such plans, qualifications or conditions attached to such approval of the plans do not violate any applicable governmental law, code, ordinance, rule or regulation. Approval of any plans and land use in connection with any portion of the Properties should not be deemed a waiver of the right of the Architectural Control Committee to disapprove similar plans or any of the features or elements included therein if such plans, features or elements are subsequently submitted for use in connection with any other Lot, Unit or portion of the Properties.
section 8.
WRITTEN NOTIFICATION OF DISAPPROVAL
In all cases where the Architectural Control Committee disapproves of any plans submitted hereunder, the Architectural Control Committee shall 50 notify the applicant in writing together with a statement of the grounds upon which the action was based. In any case, the Architectural Control Committee shall, if requested and if possible, make reasonable efforts to assist and advise the applicant so that acceptable plans can be prepared and resubmitted for approval.
Section 9.
RULES AND REGULATIONS OF THE ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee may from time to time promulgate rules and regulations governing the form and content of plans to be submitted for approval or with respect to the approval or disapproval of certain types of construction, improvements, or alterations, additions or modifications to improvements, or uses, provided however that no such rule or regulation shall be deemed to bind the Architectural Control Committee to approve or disapprove of any plan submitted for approval, or to waive the exercise of the Architectural Control Committee?s discretion as to such plans, and provided further that no such rule or regulation shall be inconsistent with the provisions of this Declaration or any applicable governmental law, code, ordinance, rule or regulation. The Board of Directors shall review all rules and regulations of the Architectural Control Committee and shall have the right, from time to time, to rescind, revoke or modify any of the rules and regulations of the Architectural Control Committee as it deems appropriate.
section 10.
DELEGATION OF FUNCTIONS
The Architectural Control Committee may authorize its staff, subcommittees or individual members of the Architectural Control Committee to perform any and all of the functions of the Architectural Control Committee as long as the number and identity of such staff or members and the functions and scope of the authority delegated have been established by resolution of the entire Architectural Control Committee, in accordance with the procedures to be established by the Architectural Control Committee, if any.
section 11.
LIABILITY OF THE ARCHITECTURAL CONTROL COMMITTEE
No action taken by the Architectural Control Committee or any member, subcommittee, employee or agent thereof, shall entitle any person to rely thereon with respect to the conformity with laws, codes, ordinances, rules or regulations or with respect to the physical or structural soundness or propriety of any proposed improvements or construction. Neither the Architectural Control Committee nor the Association, nor any member, subcommittee, employee or agent thereof, shall be liable to anyone submitting plans to them for approval or to any Lot or Unit owner, Member, or any other Person, in connection with any submission of plans, or the approval or disapproval thereof, including, without limitation, mistakes in judgment, negligence, omissions, or misfeasance. Every person or other entity submitting plans to the Architectural Control Committee agrees, by submission of such plans, that no action or suit will be brought against the Association, or the Architectural Control Committee, or any member, subcommittee, employee or agent thereof, in connection with any such submission.
section 12.
CERTIFICATE OF COMPLIANCE
Upon written request of any owner or mortgagee or any other person reasonably having a right to the information requested, the Architectural Control Committee shall issue or cause to be issued a certificate of compliance, where appropriate, indicating that any proposed or constructed improvements or uses have been approved by the Architectural Control Committee in accordance with the provisions of this Section. No such certificate shall be issued unless and until all the conditions and requirements of this Article V have been complied with.
ARTICLE VI
DUTY TO MAINTAIN
section 1.
COMMON AREA
As more fully described and provided for elsewhere in this Declaration, the Association shall be responsible for the maintenance, upkeep and repair of the Common Area and for those portions of the Lots and Units which are burdened by the easements shown on the Plat or reserved hereby.
section 2.
LOTS/UNITS
The Lot and Unit Owners shall be responsible for the maintenance, upkeep and repair of their individual Lots and Units in a neat and attractive manner.
In the event a Lot or Unit Owner in the Properties shall fail to maintain the Lot or Unit including but not limited to the structures, grounds not burdened by easements, premises, improvements and unit exteriors in accordance with the provisions of this Declaration in a manner satisfactory to the Board of Directors, the Association, after approval of two?thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot, structures, grounds, premises, improvements or Unit exteriors and effectuate the needed maintenance, repair or replacement. The costs incurred by the Association in so maintaining, repairing or replacing shall be added to, and become part of, the annual assessment to which such Lot or Unit is subject and the Association shall have a lien upon such Lot or Unit, enforceable as with all other liens for unpaid assessments, as provided herein.
ARTICLE VII
RESIDENTIAL AREA COVENANTS
section 1.
USE RESTRICTIONS
Each and all Lots and Units within the Properties are restricted to the use of a single family, their household servants and guests, exclusively for residential purposes. By way of illustration but not limitation, the Lots or any building erected, thereon, shall not be used for the purpose of any profession, trade, employment, service, manufacture or business of any description, nor as a school, hospital or other charitable institution, nor as a hotel, apartment house, rooming house or place of public resort, nor for any sport other than such sports or games as are usually played in connection with the occupancy of private residences, nor for any purpose other than as a private residence. Only one (1) residence, with at least 1,800 sq.ft. of living area as defined in Article V hereinabove, may be built upon each Lot. A construction shed and related facilities may be placed on a Lot by the owner and remain there temporarily during the course of active construction of a residence; otherwise, no portable or temporary buildings, carports, mobile homes, tents, shacks or barns may be placed on a Lot. The Declarant shall be permitted to make temporary use, for a construction trailer, model homes, sales displays, parking lots, sales offices or other offices, or any combination thereof, of a Lot or Unit, until the permanent cessation of all construction activities, by Declarant, takes place.
section 2.
CLOTHES LINES
No exterior clothes lines or drying areas shall be permitted on any Lot or Unit unless said Lot or Unit is enclosed within a fence approved by the Architectural Control Committee.
section 3.
EASEMENTS
Easements for the installation and maintenance of utilities and for the installation and maintenance of drainage facilities are reserved as shown on the Plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain that may damage any structure installed in accordance with said easements, or prevent the installation and maintenance of utilities in the utility easements, or that may change the direction of flow of drainage channels in the drainage easements, or that may obstruct or retard the flow of water through drainage channels in the drainage easements. The easement area of each Lot or Unit and all improvements thereon shall be maintained continuously by the Association except for installations for which a public authority, utility company or special taxing district is responsible. All original grantees of the above-stated easement, and their respective successors and assigns, shall have a perpetual easement f or the installation and maintenance of all water lines, sanitary sewers, gas mains, storm drains, electric and telephone lines, under and through the utility and drainage easement as shown on the plat. There is hereby reserved a perpetual easement for the installation and maintenance of cable and community antenna radio and television line. My damage caused to pavements, driveways, drainage structures, sidewalks or other structures in the installation and maintenance of such utilities shall be promptly restored and repaired by the utility whose installation or maintenance cause such damage. All utilities within the Properties, whether street rights-of-way or within utility easements, shall be installed and maintained underground, unless approval for above ground installation is first obtained from the Architectural Control Committee and such installation and approval is not inconsistent with applicable laws, codes, ordinances, rules or regulations.
Section 4.
NUISANCES
No noxious or offensive activity shall be carried on upon any Lot, Unit or Common Area, nor shall anything be done thereon which may be or may become, an annoyance or nuisance to the neighborhood.
section 5.
TEMPORARY STRUCTURES
Trailers, tents, shacks, sheds, carports, barns or other temporary buildings of any design whatsoever are expressly prohibited within the Properties and no temporary residence shall be permitted in any unfinished residential building. This restriction shall not prevent temporary buildings used by contractors of the Declarant or its agents and employees in construction work, which shall be removed from the premises on the completion of the Unit.
Section 6.
SIGNS
No sign of any kind shall be displayed to the public view on any Lot or Unit except one sign, designed and constructed in accordance with the standards promulgated by the Architectural Control Committee, advertising the property for sale or rent may be displayed on any Lot or in one of the front windows of a Unit. such signs as are allowed must be maintained in good condition at all times, must be removed upon termination of their use, and must have the approval of the Architectural Control Committee.
Section 7.
OIL AND MINING OPERATIONS
No oil drillings, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or within the Properties, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or within the Properties, provided, however, Declarant shall be allowed to excavate for landscaping, filling and grading purposes. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the Properties.
Section 8.
PETS. LIVESTOCK AND POULTRY
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot or Unit, except dogs, cats and other household pets may be kept on Lots and Units subject to such rules and regulations as may be adopted by the Association, provided that: they are not kept, bred or maintained for any commercial purpose or in excessive numbers; they have been duly licensed in compliance with all governmental regulations; and they do not become an annoyance or nuisance to any neighbor. Household pets shall not be permitted or allowed to stray, run, be, or go at large, without a lease or other appropriate restraint, in or upon any street sidewalk, walkway, the Common Area or the private property of others without the express or implied consent of the owner of such private property. No dogs or other pets shall be permitted to have excretions or any portion of the Common Area or the private property of others. In the event of any such excretions, the owner of said dog or other pet shall immediately remove and dispose of said excretions.
Section 9.
WATER SUPPLY
No individual Owner may permit to be located upon his Lot or Unit any individual water supply system other that for irrigation purposes. This covenant shall not restrict the Association from permitting a water supply system to exist upon the Common Area for use in any sprinkler system. Location of Irrigation wells shall be approved by the Architectural Control Committee.
Section 10.
COMMERCIAL TRUCKS: RECREATIONAL VEHICLES: TRAILERS: BOATS
No trucks, service vehicles or commercial vehicles, other than those present on business, and no home trailers, motor homes, campers, boats, boat trailers, or recreational vehicles or trailers, of any and every description shall be permitted to be parked or stored on any Lot, Unit, the Common Area or any publicly dedicated street or right-of-way in the Properties, except in those areas of the Properties specifically designated by the Architectural Control Committee for such use and purpose, if any. In any event, trucks, service vehicles or commercial vehicles shall not be permitted to be parked or stored on any Lot, Unit, Common Area or any publicly dedicated street or right-of-way for a period of time exceeding twelve (12) hours. This provision shall not apply to the Declarant during periods of construction.
section 11.
GARBAGE AND TRASH DISPOSAL
No garbage, refuse, trash or rubbish shall be deposited on any Lot, Unit or the Common Area except on designated collection days and in a suitable receptacle or dumpster which is placed or situated so as to be as inconspicuous as possible and which is substantially shielded or screened from the view of the neighboring property, the Common Area and the publicly dedicated street; provided, however, that garden trash and rubbish that is required to be placed at a point, approved by the Architectural Control Committee, in order to be collected may be placed and kept at such designated point, and need not be in any container, for periods not exceeding twenty-four (24) hours, provided further, that the requirements, from time to time, of Hernando county, Florida or other governmental subdivision having jurisdiction over such matters, for disposal or collection shall be complied with and that all equipment tot the storage or disposal of such material shall be kept in a clean and sanitary condition.
section 12.
DRAINAGE
No installations, improvement or structures shall be permitted, placed or erected, nor shall any alterations of any kind, including but not limited to landscaping be made, permitted, or placed upon, any Lot, Unit or the Common Area which shall in any way hinder the surface or subsurface drainage of the Properties. Any Amendment of these documents which would affect the surface water management system, including the water management portions of the Common Areas, must have the prior approval of the South West Florida Water Management District.
section 13.
TELEPHONE. GAS. CATV AND ELECTRIC SERVICES
Service to all Lots and Units by telephone, gas, community radio and television, and electric power must be by underground services from easement areas into the improvements, unless an exception therefor is granted by the Architectural Control Committee and that exception is not inconsistent with applicable laws, codes, ordinances, rules and regulations.
section 14.
UNIT AIR CONDITIONERS AND REFLECTIVE MATERIALS
No air conditioning or heating units may be mounted through windows or walls unless the type, location, method of installation, appearance and desirability, have been approved by the Architectural Control Committee. It is the intention of this provision to authorize said Committee, in its sold discretion, to approve or disapprove any such air conditioning or heating units on purely aesthetic grounds, or any other grounds, or f or the reason that there should be no such window or wall units in such location. No building on any Lot, Unit or Common Area shall have any aluminum or other metal foil, film or tape placed or displayed on any window or glass door, nor shall any other reflective material or substance be shown or displayed on any glass of any improvement on any Lot, Unit or the Common Area.
Section 15.
EXTERIOR ANTENNAS; CABLE RECEPTION DISHES
No television, radio or other antennas, exterior to the building, and no reception dishes shall be permitted on any Lot, Unit or the Common Area unless an exception therefor is granted by the Architectural Control Committee and that exception is not inconsistent with applicable ordinances. This provision shall not apply to underground installations.
section 16.
EXCAVATION
No excavation shall be made on the Properties except excavation for the purposes of: pool installation; construction and building on the Properties, by the Declarant, at the time of commencement of such building and construction; and the improvement of the gardens and grounds therefor, and no soil, sand or gravel shall be removed from the Properties without the prior written permission of the Architectural Control Committee.
section 17.
WASTE MATERIAL
No building waste or other material, of any kind or description, shall be dumped or stored on the Properties except clean earth for the purpose of grading in connection with the erection of a building thereon or for the immediate improvement of the grounds or landscaping thereof with the prior written approval of the Architectural Control Committee.
section 18.
TREE REMOVAL
No living trees larger that 3 inches in diameter shall be cut down or removed from the Properties other that those standing within an area to be cleared or excavated f or the erection of a building and accessory improvements thereon without the prior written consent of the Architectural Control Committee and any applicable governmental authorities. Subject to this exception, if any tree is cut down, removed or damaged without the prior written consent of the Architectural Control Committee, the Owner responsible for the destruction of the tree shall pay a fine of Two Hundred Dollars ($200.00) per tree and will forthwith replace the tree under the supervision and to the satisfaction of the Architectural Control Committee as to type, size and planting of the replacement tree.
section 19.
PARKING RESTRICTION
In order to preserve the value of the properties and attractiveness of the community, all campers, tents, trailers, boats, recreational vehicles and motorcycles must be parked or stored in enclosed garages out of sight from the public unless prior written consent to the contrary has been obtained from the Architectural Control Committee. In no event, however, will such items be permitted to be parked or stored on any Lot, Unit or the Common Area or publicly dedicated street or right-of-way for a period of time exceeding twenty-four (24) hours.
No Owner of a Lot or Unit shall repair or restore any motor vehicle, boat, trailer, or other vehicle on any portion of any Lot, Unit, or the Common Area or publicly dedicated street or right?of-way, except for emergency repairs, and then only to the extent necessary to enable movement thereof to a proper repair facility.
section 20.
COMENCEMENT OF CONSTRUCTION
Construction of a residential single family structure shall commence within three (3) years of the transfer of title of a Lot to the initial Purchaser from the Declarant. Completion of construction shall be with in six (6) months of commencement. Prior to the construction, the vacant Lots shall be mowed and maintained in an aesthetically compatible manner in order to preserve the attractiveness of the community.
section 21.
SIDEWALKS
Prior to completion of construction of any residential single family structure as required by Section 20, hereinabove, the Owner of said single family structure shall cause to be installed a four (4) foot wide concrete sidewalk, meeting applicable building codes and otherwise complying with the required specifications of the Architectural Control Committee, within the prescribed right- of-way limits of the street fronting the lot. Each Owner shall locate and construct said sidewalk in accordance with the plans, specifications and requirements of the Architectural Control Committee. Corner lots shall have the sidewalk constructed on both streets in conjunction with cross-walks as designated within the plans, specifications and requirements of the Architectural Control Committee. All sidewalks are to be constructed with uniformity of location and material. Therefore the Declarant shall have absolute control over said sidewalks by reserving approval of the contractor construction such sidewalks.
Section 21a.
SIDEWALK MAINTENANCE
Sidewalks constructed as set forth shall me maintained by the Association. The Board of Directors shall deem an appropriate fee f or such maintenance in accordance with Article XV.
Section 22.
SODDING & LANDSCAPING
Upon completion of construction, full sodding shall be installed from the front roadway to the rear lot line. The entire lot must be sodded with either Floratam or Bahia sod or any other type of sod approved by the Architectural Control Committee. Landscaping plans must also be submitted for approval by the Architectural Control Committee so as to preserve and maintain the aesthetic integrity of the community.
ARTICLE VIII RULES AND REGULATIONS
Section 1.
COMPLIANCE BY OWNERS
Every Owner shall comply with: this Declaration; the Articles of Incorporation and the Bylaws of the Association; any and all rules and regulations adopted by the Board of Directors of the Association; any and all standards, rules and regulations adopted by the Architectural Control Committee; and all applicable State, County and local ordinances (collectively the Rules and Regulations).
Section 2.
ENFORCEMENT
Failure of an Owner to comply with such Rules and Regulations shall be grounds for legal action, by the Declarant, the Association, or any Lot or Unit Owner, which may include, without limitation, an action to recover sums due for damages, an action for injunctive relief, or any combination thereof. The prevailing party in any such legal action shall also be entitled to recover his costs and attorneys? fees incurred in bringing such action, and if necessary, costs and attorneys? fees for appellate review. Additionally, the Association shall have the right to suspend voting rights and use of the Common Area.
ARTICLE IX
GENERAL DIVISIONS
Section 1.
DURATION
The covenants and restrictions of this Declaration, and any Supplemental Declaration, shall run with and bind the Properties, and shall inure to the benefit of and be enforceable by the Declarant, the Architectural Control Committee, the Association, or any Owner and their respective legal representatives, heirs, successors and assigns, for a term of twenty five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless terminated by the affirmative vote of ninety percent (90%) of the Unit Owners voting in person or by proxy at a meeting duly notice and called for such purpose. This and any Supplemental Declarations may be amended as provided in Section 5 of this Article IX.
Section 2.
NOTICE
Any notice required to be sent to any Member or Owner under the Provisions of this Declaration or any Supplemental Declaration, shall be deemed to have been properly sent when personally delivered or mailed, postage prepaid, to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of 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 the violation or to recover the damages or both, and against the land to enforce any lien created by this Declaration. Failure of the Declarant, the Association or any Owner to enforce any covenant or restriction herein contained shall, in no event, be deemed to be a waiver of the right to do so thereafter. These covenants and restrictions may be enforced by the Declarant, the Architectural Control Committee, the Association, or any Owner. In the event legal action is taken to enforce the covenants and restrictions provided herein, the prevailing party shall be entitled to recover the costs of such action, including attorneys? fees, and appellate costs and attorneys? fees, if necessary.
section 4.
SEVERABILITY
Invalidation of any of the covenants and restrictions herein contained by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
section 5.
amendment
In addition to any other manner herein provided for the amendment of this Declaration, or any Supplemental Declarations, the covenants, restrictions, easement, charges and liens of this Declaration or any Supplemental Declaration may be amended, changed, added to, derogated from or deleted at any time during the first twenty (25) year period by Supplemental Declaration or by an instrument signed by not less than ninety percent (90%) of the Owners, and after the first twenty (25) year period by Supplemental Declaration or other instrument signed by not less that seventy?five percent (75%) of the Owners, provided, however, that no amendment which adversely affects the rights of the Declarant, as provided herein or the FHA, VA or FNMA, shall be valid without the written consent of the Declarant or the effected agency to such amendment. Any amendment must be recorded in the Public Records of Hernando County, Florida. Developer reserves the tight to make amendments at his sole discretion up until the Homeowners take control of the Homeowner Association at which time the above section 5 will apply.
Section 6.
FNMA/FHA/VA APPROVAL
As long as there is a Class Be membership, the following actions will require the prior approval of the FNMA, the FHA or the VA: annexation of additional properties; dedication of Common Area; and amendment of this Declaration. This Declaration is being submitted to the FNMA, the FHA and the VA for approval. Notwithstanding anything to the contrary contained in Section 5 of this Article, Declarant shall have the tight from time to time, without the necessity of joinder or consent by any Owners, to amend, add to, change, modify or derogate from, the provisions of this Declaration in the manner and to the extent required by the FNMA, the FHA or the VA in order for such organizations to approve financing of residential units on lots within the Properties. FNMA, HA or VA approval of any such documents or amendments executed by the Declarant shall be conclusive evidence that the amendment or other change- was required by the FNMA, the FHA or the VA pursuant to this provision.
Section 7.
ADDITIONAL COMMON AREA
Additional Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of Members, by Supplemental Declaration.
Section 8.
NOTICE TO LENDERS
Upon written request to the Association, identifying the name and address of the mortgage holder, insurer or grantor and the Lot or Unit number and address, any such mortgage holder, insurer or guarantor will be entitled to timely written notice of:
(a) Any condemnation loss or any casualty loss which materially and adversely affects a material portion of the Properties or any Lot or Unit on which there is a first mortgage held, insured or guaranteed by such mortgage holder, insurer or guarantor, as applicable;
(b) Any delinquency in the payment of assessments or charges owed by an Owner of a Lot or Unit subject to a first mortgage held, insured or guaranteed by such mortgage holder, insurer or guarantor, which remains delinquent for a period of sixty (60) days;
(c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association;
(d) Any proposed action which would require the consent of the specified percentage of mortgage holders.
ASSOCIATION INFORMATION
Upon request, during normal business hours or under other reasonable circumstances, the Association shall make available to Owners and lenders, and to holders, insurers or guarantors of any first mortgage, current copies of this Declaration, the Articles of Incorporation and Bylaws of the Association, any rules and regulations concerning the Properties, and the books, records and financial statements, for the immediately preceding fiscal year of the Association.
Upon the conveyance of any Lot or Unit by the Owners thereof, the new grantee/Owner shall immediately provide the Association with the name and address of the new Owner.
section 10.
EFFECTIVE DATE
This Declaration shall become effective upon its recordation in the Hernando County Records.
Section 11.
ENCROACHMENT EASEMENTS
In the event that any improvement shall encroach upon any of the common Area, or upon any Lot or Unit, or in the event that any Common Area, Lot or Unit shall encroach upon any improvements, then any easements shall exist to the extent of accommodating ?and abating that encroachment, for so long as the encroachment shall exist.
THIS DECLARATION commences on this 31stday of May, 1991. Known as Hernando 8O Associates, a Florida General Partnership (hereinafter referred to as the ?Declarant?).
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Hernando County, Florida which is more particularly described as follows:
See Exhibit ?A? which is attached hereto and by this reference made a part hereof; and
WHEREAS, for the purposes stated hereinafter, the Declarant desires to impose upon such property certain covenants, conditions and restrictions which will touch and concern such property and are intended by Declarant to be covenants running with the land.
NOW, THEREFORE, Declarant hereby declares that the property described hereinabove shall be held, sold and conveyed subject to the following easements, covenants, conditions, and restrictions which Declarant imposed upon such property for the purpose of protecting the value and desirability of the property, and which shall run with the property and be binding on all parties having any right, title or interest in the property or any part thereof, and on their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, the following words when used in this Declaration shall have the following meanings:
(a) ?Association? shall mean and refer to Preston Hollow Homeowners Association, Inc., a Florida corporation not for profit, which is to be incorporated, its successors and assigns.
(b) ?Board of Directors? shall mean the Board of Directors of the Association.
(c) ?Owner? shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any residential Lot or Unit which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligations.
(d) ?Properties? shall mean and refer to that certain real property hereinabove described, and any additions thereto, as are subject to this Declaration or any Supplemental Declaration pursuant to the provisions hereof. Declarant may from time to time bring other lands under the provisions hereof and under the jurisdiction of the Association by recording Supplemental Declarations.
(e) ?Common Area? shall mean all real property owned by the Association, and such additional properties or facilities as may from time to time be designated as Common Area under this Declaration or any Supplemental Declarations, each such designation to be by recorded instrument, together each ?such designation to be by recorded instrument, together with the landscaping and any improvements thereon, including, but not limited to, all roads, road curbs, parking areas, structures, recreational facilities, tennis court, nature trails, open spaces, walkways, sprinkler systems, signs, and street lights, which are owned by the Association and which have not been dedicated to, and accepted by, any appropriate governmental authority or special taxing district, for a public purpose, and excluding any public utility, or CATV, installations, lines, equipment or easements thereon. The Common Area to be owned by the Association at the time of the Declarant?s conveyance of the first Lot is shown on the Plat of PRESTON HOLLOW recorded on Plat Book 25 , Pages_41&42of the Public Records of Hernando County, Florida, as Preston Hollow (the ?Plat?).
(f) ?supplemental Declaration? shall mean any document recorded in the public records of Hernando County, Florida which supplements, amends or alters this Declaration or any such document that brings other land under the provisions of this Declaration.
(g) ?Lot? shall mean and refer to any residential and individual plot of land within the Properties and shown upon any recorded subdivision map or resubdivision map of the Properties together with any improvements located thereon prior to the issuance of a certificate of occupancy or other comparable certification.
(h) ?Unit? shall mean and refer to any Lot, together with any improvements located thereon, for which a Certificate of Occupancy or other comparable certification has been issued.
(i) ?Declarant? shall mean and refer to Hernando 80 Associates, a Florida Corporation, and its designated successors or assigns.
(j) ?Member? shall mean and refer to all those Owners who are members of the Association, as provided in Article III, section 1, hereof.
ARTICLE II
PROPERTY RIGHTS IN COMMON AREA
Section 1. OWNERSHIP. The Common Area is hereby dedicated to the joint and several use, in common, of the Owners of all Lots or Units. Before the sale of any Lot or Unit to an Owner, the Declarant shall convey and transfer all of its interest in the Common Area to the Association and the Association shall accept such conveyance. Thereafter, the Association shall be responsible for the maintenance of the Common Area in a perpetual, continuous and satisfactory manner without costs to the general taxpayers of the County of Hernando. It is intended that the Common Area will be owned exclusively by the Association but that all real estate taxes assessed against the Common Area shall be the pro rata responsibility of, and shall be assessed against and payable as part of the taxes on the individual Lots or Units within the Properties. The Declarant shall have the right, from time to time to enter upon the Common Area during periods of construction upon adjacent properties for the purpose of developing such adjacent properties and for the purpose of completion of improvements or of facilities on the Common Area which Declarant is committed to construct or provide. The Owner of a Lot or Unit shall have no personal liability solely by reason of being an Owner for any damages for which the Association is legally liable or arising out of, or connected with, the existence or use of the Common Area or any other property required to be maintained by the Association.
Section 2. MEMBER?S EASEMENTS. Each Member and each tenant, agent, guest or invitee of such Member shill have a permanent and perpetual casement for the use and enjoyment of the Common Area; such easements shall be appurtenant to and shall pass with the title to every Lot or Unit. Such easements shall be reciprocal and in common with all other Owners, their tenants, agents, guests and invitees, subject to the following provisions:
(a) The right and duty of the Association to make and levy assessments against each Lot or Unit owned by a Class A member and each Unit owned by the Class B member, f or the purpose of maintaining the Cannon Area.
(b) The right of the Association to charge reasonable admission and other fees f or the use of the Common Area and for goods and services provided by the Association.
(c) The right of the Association to suspend the voting rights and the right to use of the Common Area, of a Member for any period during which any assessment against his Lot or Unit remains unpaid, and f or a period not to exceed sixty (60) days from any infraction of its published rules and regulations.
(d) The right of the Association to dedicate or transfer all or any part of the Common Area to any other person, entity or to any public agency, authority, or utility for such purposes and subject to such conditions as set forth in this Article and as may be agreed upon by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of Members agreeing to such dedication or transfer has been recorded. In the event that any Common Area is dedicated to the County of Hernando or any other appropriate governmental authority of special taxing district, for public purposes, said Common Area shall cease to be subject to these covenants and conditions as of the date of said dedication, except as provided in this subparagraph (d); provided, however, that if a reversionary interest is retained in any Common Area so dedicated, then in the event said Common Area reverts to the dedicator, these covenants and conditions shall apply in full force and effect to said Cannon Area as if dedication had never occurred.
It any Common Area so dedicated to the County of Hernando or any other appropriate governmental authority or special taxing district, requires supervisory maintenance to be performed by the dedicator, the provisions of this Declaration, and any Supplemental Declarations, including those relating to assessments shall apply to the extent necessary to provide said supervisory maintenance according to the covenants and conditions of this Declaration and any Supplemental Declarations.
Section 3. EASMENTS APPURTENANT. The easements provided in Section 2 and section 6 of this Article IX and section U. of Article XX shall be appurtenant to and shall pass with, and as an indivisible appurtenance to, the title to each Lot or Unit.
Section 4.a MAINTENANCE. The Association shall at all times maintain the Common Area, and any portion of any Lot or Unit burdened by any easement as shown on the flat or reserved hereby, in good repair and shall replace, as often as necessary, any and all improvements situated in the Common Area, including, but not limited to, any recreational facilities, retention areas, buildings, landscaping, roads, paving, parking areas, tennis court, drainage structures, street lighting fixtures and appurtenances, sidewalks, signs, or any other structures, except utilities which have not been dedicated to. and accepted by, an appropriate governmental authority or special taxing district for maintenance; all such work to be done by licensed professionals as ordered by the Board of Directors of the Association. All work pursuant to this section and all expenses hereunder shall be paid for by the Association through assessments imposed in accordance with Article IV. Such assessments shall be against all Lots and Units owned by Class A Members equally. No Class A Member may waive or otherwise escape liability f or the assessments for such maintenance by non-use of the Common Area or by abandonment of his right to use said Common Area. Refer to page 17 Section 12 - Drainage f or SWIFTMUD requirements.
Section 4.b FUTURE OPERATION AND MAINTENANCE. The operation and maintenance entity is required to provide for the inspection of the surface water management system by a Florida registered Professional Engineer to assure that the system is properly operated and maintained. Inspection schedules will be specifically stated in the permit. For those systems utili5ing effluent filtration or exfiltration, the inspections shall be performed 18 months after operation is authorized and every 18 months thereafter. A written report of the finding of the inspection shall be filed with the District within 30 days of the date of the inspection. The District shall supply the form necessary for this.
Section 5.c OPERATION OF THE COMMON AREA. The Association shall at all times operate, supervise, control and manage the Common Area and any income producing activities that may be established or permitted to operate in the Common Area. The Association, in its sole discretion, shall determine all activities and programs to be carried on in the Common Area and shall employ the necessary personnel required thereof as it determines in its sole discretion.
Section 6.d EASEMENTS. Easements for the installation and maintenance of utilities and CATV and for the installation and maintenance of drainage facilities are reserved as shown on the Plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain that may damage any structure installed in accordance with said easements, or prevent the installation and maintenance of utilities in the utility easements, or that may change the direction of flow of drainage channels in the drainage easements, or that may obstruct or retard the flow or water through drainage channels in the drainage easements. The easement area of each Lot or Unit and all improvements thereon shall be maintained continuously by the Association except f or installations f or which a special taxing district, public authority, utility company or CATV company is responsible.
All original grantees of the above stated easements, and their respective successors and assigns, shall have a perpetual easement for the installation and maintenance of all water lines, sanitary sewers, gas mains, storm drains, electric, CATV and telephone lines, under and through the utility and drainage easements as shown on the plat. There is hereby reserved a perpetual easement over the entire Common Area for the installation and maintenance of cable and community antenna radio and television lines. Any damage to pavements, driveways, drainage structures, sidewalks or other structures in the installation and maintenance of such utilities shall be promptly restored and repaired by the utility or company whose installation or maintenance caused such damage. All utilities within the Properties, whether within street rights?of-way or within utility easements, shall be installed and maintained underground, unless approval for above-ground installation is first obtained from the Architectural Control Committee and such installation and approval is not inconsistent with applicable laws, codes, ordinances, rules and regulations.
Section 7. PUBLIC EASEMENTS. Fire, police, health, sanitation, and other public service personnel and vehicles shall have a permanent, perpetual and non-exclusive easement for ingress and egress over and across the Common Area.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. MEMBERSHIP. Every person or entity who is a record owner of a fee or undivided interest in any Lot or in any Unit shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section 1, any such person or entity who holds such interest merely as a security for the performance of any obligation shall not be a Member of the Association. Membership in the Association shall be automatic and appurtenant to, and may not be separated from, the ownership of any Lot or Unit.
Section 2. VOTING RIGHTS. The Association shall have two (2) classes of voting membership:
Class A: Class A Members shall be all those Owners, as defined in Section 1, of Lots or Units, with the exception of the Declarant. Class A Members shall be entitled to one (1) vote for each Lot or Unit in which they hold the interest required for membership in Section 1. When more that one person holds such interest or interests in any Lot or Unit, all such personal shall be Class A Members, and the vote for such Lot or Unit shall be exercised as they, among themselves, determine; but in no event shall more than one (1) vote be cast with respect to any such Lot or Unit.
Class B: Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for every Lot or Unit owned. Unless converted earlier and voluntarily by the Declarant, the Class B membership shall cease, and be converted to Class A membership, upon the earliest of the following events:
(1) When the total aggregate votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or
(2) Three (3) years from the date of the conveyance by Declarant of the first Lot; or
(3) One hundred and twenty (120) days after seventy five percent (75%) of the Lots have been conveyed by the Declarant to Lot purchasers.
Section 3. RIGHTS, PRIVILEGES, AND RESPONSIBILITIES. The rights, privileges and responsibilities of each class of members shall be identical except as set forth herein.
ARTICLE IV
COVENANT FOR MAINTENANCE AND OPERATION ASSESSMENTS
Section 1.
LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS
The Declarant, for each Unit owned by it within the Properties, hereby covenants, and each Owner of any Lot or unit, by acceptance of a deed therefor, whether or not is shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association, as hereinafter provided:
(1) Annual assessments. Annual assessments shall include assessments for the maintenance and operation of the Common Area as provided in Sections 4 and 5 of Article II and which shall include such reasonable reserves as the Association may deem necessary. These annual assessments shall be collected in equal monthly installments unless otherwise determined by the Board of Directors; and
(2) Special assessments for capital improvements. Such assessments shall be for those purposes stated hereinafter and shall be fixed, established, and collected from time to time as hereinafter provided; and
(3) other assessments as hereinafter provided for.
The annual, special and other assessments, together with interest thereon and costs of collection of same, including reasonable attorneys? fees, shall be a burden and charge on the land and shall be a continuing lien upon the Lots and Units against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection of same, including reasonable attorneys? fees, shall also be the personal obligation of the person who was the Owner of the Lot or Unit at the time when the assessment fell due. the personal obligation for delinquent assessments shall not pass to the Owner?s successors in title unless expressly assumed by them. All assessments, whether annual, special or other, imposed by the Association, shall be against all Lots and units subject to its jurisdiction, fixed at a uniform rate per Lot or Unit, and shall be collected on a monthly basis unless otherwise determined by the Board of Directors.
section 2.
PURPOSE OP ASSESSMENT
The assessments levied by the Association shall be used exclusively for the general purpose of promoting the recreation, health, safety and welfare of the members of the Association, their families residing with them, their tenants and guests and, in particular, for the improvement, preservation, operation and maintenance of the Properties and the services and facilities, if any, devoted to this purpose and related to the use and enjoyment of the Common Area including but not limited to, the capital improvement, repair, replacement and addition thereto, and for the cost of labor, equipment, materials, management and supervision thereof.
Section 3.
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
In addition to the annual assessments, the Association may levy, in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement including the necessary fixtures and personal property related thereto that, in the judgment of the Board of Directors, benefits all Lots and Units, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of the Members who are voting, in person or by proxy, at a meeting duly called for this purpose in accordance with the provisions of the Bylaws of the Association.
Section 4.
DATE OP COMMENCEMENT OP ANNUAL ASSESSMENTS:
DUE DATE: The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement; provided, however, that such commencement date shall be subsequent to the conveyance of the Common Area to the Association.
The annual assessments shall be payable in the month of January and will be considered delinquent after January 31st unless otherwise determined by the Board of Directors.
The amount of the annual assessments that may be levied for the balance remaining in the first year of assessment shall be an amount beating the same relationship to the annual assessments provided for herein as the remaining number of months in such calendar year bears to the total number of months in said calendar year.
The due date of any special assessment levied under Section 3 hereof shall be fixed in the resolution authorizing such assessment.
Section 5.
DUTIES OF THE BOARD OP DIRECTORS
The Board of Directors shall fix the amount of assessment against each Lot or Unit and shall set the date of commencement for each assessment period at least thirty (30) days in advance of such date, and shall, at that time, prepare a roster of the Lots and Units and assessments applicable thereto, that shall be kept on file in the office of the Association and shall be open to inspection by any Owner.
Written notice of the assessment shall thereafter be sent to the Owner of every Lot or Unit subject thereto.
The Association shall, upon demand at any time, furnish to any Lot or Unit Owner liable for any assessments, a certificate in writing signed by an officer of the Association setting forth whether any assessments have been paid as to any particular Lot or Unit. This certificate shall be conclusive evidence of payment of any assessment, due to the Association, which is stated therein to have been paid.
From time to time, the Association, through the actions of its Board of Directors, may enter into an agreement or agreements, with one or more persons, firms or corporations, for the purpose of providing for the professional management, operation, and maintenance of, the Common Area.
Section 6.
AMOUNT OF ANNUAL ASSESSMENTS
Until January 1 of the year immediately following the conveyance of the first Lot to a Class A Member, the maximum annual assessment shall be $120.OO per Lot or Unit owned by Class A Members.
(a) Prom and after January 1 of the year immediately following the conveyance of the first Lot or Unit to an owner, the maximum annual assessment may be increased, each year, not more that ten percent (10%) above the maximum assessment for the previous year, without a vote of the membership of the association.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot or Unit to an owner, the maximum annual assessment may be increased, yearly, above 10% by a vote of two-thirds (2/3) of all voting members who are voting in person or by proxy, at a meeting duly called for this purpose.
(a) The assessment for each Lot or Unit owned by a Class A Member shall be equal to the assessment for each other such Lot or Unit. The Board of Directors of the Association shall, after consideration of current maintenance costs and future need of the Association, fix the actual assessment for each year in an amount not to exceed the maximum annual assessment.
Section 7.
EFFECT OP NONPAYMENT OF ASSESSMENT: THE PERSONAL OBLIGATION OF THE OWNER; THE LIEN: REMEDIES OF ASSOCIATION
If the assessments are not paid within thirty (30) days after the date when due (being the dates specified in Section 4 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and the costs of collection thereof, including attorneys? fees, as hereinafter provided, thereupon become a continuing lien on the Lot or Unit so assessed, which shall bind such Lot or Unit in the bands of the then Owner, his heirs, devises, personal representatives, successors and assigns. Notwithstanding, and in addition to, the fact of said continuing lien on the Lot or Unit, the personal obligation for the statutory period and such personal obligation shall not pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the date when due, the assessment shall bear interest from the date when due at the highest rate allowable by law, and the Association may bring an action at law against the Owner personally obligated to pay the same or may record a claim of lien against the Lot or Unit, may foreclose the lien against the Lot or Unit, or pursue one or more of such remedies at the same time or successively, and there shall be added to the amount of such assessment, and recoverable by the Association, the costs of collection of same, including, but not limited to, reasonable attorneys? fees, whether a suit is filed or otherwise, and the costs of preparing and filing the claim of lien and the lawsuit in any such action. Additionally, in the event that a judgment is obtained, such judgment shall include interest on the assessment as provided hereinabove and costs of collection and reasonable attorneys fees. Attorney's fees, as provided for herein, shall include attorney's fees and paralegal fees incurred in the enforcement of this Declaration whether or not an action is tiled, incurred in any action brought to enforce this Declaration or incurred in any appeal of such action, together with the costs associated with the enforcement of this Declaration.
No Owner may waive or otherwise escape liability f or the assessments provided for herein by nonuse of the Common Area or by abandonment of his Lot or Unit. It shall be the legal duty and responsibility of the Association to enforce the timely payment of the assessments.
In addition to the rights of collection of assessments stated in this Section 7, any and all persons acquiring title to, or an interest in, any Lot or Unit as to which the assessment is delinquent including, without limitation, persons acquiring such interest by operation of law and by judicial sale, shall not be entitled to the possession or occupancy of such Lot or Unit, or the enjoyment of the Conron Area, until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid; provided, however, that the provisions of this sentence shall not be applicable to the mortgages and purchases contemplated by Section 8 of this Article.
Section 8.
SUBORDINATION OF THE LIEN TO FIRST MORTGAGES AND TAX LIENS
The lien of the assessment provided for herein shall be subordinate to any tax lien and to the lien of any first mortgage encumbering said Lot or Unit. However, the sale or transfer of any Lot or unit pursuant to mortgage foreclosure, or any proceeding or deed in lieu thereof, shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or Unit from liability for any assessments thereafter becoming due or from the lien thereof.
Any unpaid assessment that cannot be collected as a lien against a Lot or Unit by reason of the provision of this Section shall be deemed to be an assessment divided equally among, payable by, and a lien against, all Lots and Units including the Lot or Unit as to which the foregoing sale or transfer took place.
section 9.
EFFECT ON DECLARANT
Notwithstanding any provision to the contrary contained herein, Declarant shall be liable for assessments only against Units owned by the Declarant; provided, however, that the assessment levied upon Units owned by the Declarant but which are not and have not previously been occupied shall be equal to only one-fourth (1/4) of the amount of assessments levied upon Lots and Units owned by persons other than the Declarant or owned by Declarant and which have been occupied. All Class A Members are liable for assessments against any Lot or Unit that they may own.
section 10.
TRUST FUNDS
The portion of all annual or other assessments collected by the Association reserved for future expenses, and the entire amount of all special assessments, shall be held by the Association in trust for the Owners of all Lots and Units, as their interests may appear, until disbursed as contemplated herein.
section 11.
NOTICE AND QUORUM
Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 6 hereof, shall be sent to all Members not less than thirty (30) days, nor more than sixty (60) days, in advance of the meeting. At the first such meeting called, the presence of Members, or of proxies therefor, entitled to cast thirty?three percent (33%) of all votes of each class or membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be one?half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held mote that seventy-five (75) days following the preceding meeting.
section 12.
SPECIAL TAXING DISTRICTS
In the event that a Special Taxing District is established to provide any services currently by, or which are the responsibility of, the Association, including but not limited to a special taxing district for street lighting, these covenants and conditions shall no longer be of any force and effect as to any such services provided by said Special Taxing Districts; provided, however, the covenants and conditions set forth herein shall continue to bind and run with the land as to all of the Properties for services not provided by said Special Taxing District. If said Special Taxing District is terminated for any reason, these covenants and conditions shall thereupon apply in full forced and effect as if said Special Taxing District had never been created.
Section 13.
RESERVES: WORKING CAPITAL FUND
The association is required to establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the Common Area, and any other areas within the Properties, for which the Association may be obligated to maintain. The fund shall be maintained out of the annual assessment for common expenses.
A working capital fund shall be established for the initial months of the project operation equal to at least three months of the applicable estimated annual assessment charge for each Lot or Unit. Each Lot?s or Unit?s share of the working capital fund must be collected and transferred to the Association at the time of closing of the sale of each Lot or Unit by the Declarant to the Lot?s or Unit?s initial purchaser(s) and maintained in a segregated account for the use and benefit of the Association. The purpose of the fund is to insure that the Board of Directors will have cash available to meet unforeseen expenditures, or to acquire additional equipment or services, deemed necessary or desirable by the Board of Directors. Amounts paid into the fund are not, and shall not be considered to be, advance payments of regular assessments, nor as capital contributions to the Association.
ARTICLE V
ARCHITECTURAL CONTROL
section 1.
PURPOSE: COMMON SCHEME: COVENANT
The Declarant intends that the Properties be planned, developed and constructed in a uniform and aesthetically compatible manner in order to preserve the value of the properties and in accordance with a common, and over-all scheme; said scheme being reasonably intended to promote and preserve the health, safety and general welfare of all Owners, their tenants, invitees and guests and further to promote and preserve the aesthetics of the Properties. In order to promote and fulfill these purposes and intentions, the Declarant for each Lot owned by it within the Properties hereby covenants, and each Owner of any Lot or Unit by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or conveyance, shall be deemed to covenant and agree that no building, fence, wall or other structure or improvement of any nature shall be commenced, erected, placed or maintained upon the Properties, nor shall any exterior addition to, change of, or alteration of the Properties, the Lots or the Units and the improvements located thereon be made, until the plans and specifications, showing the nature, kind, shape, heights, materials and location of the same shall have been submitted to, and approved in writing as to uniformity of aesthetics and harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee.
section 2.
ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee shall be a committee composed of not less than three (3) nor more than five (5) members. Until such time as the Class B membership of the Association ceases, and is converted to Class A membership pursuant to the provisions of Article XII, Section 2 hereof, the persons who shall comprise the Architectural Control Committee shall be appointed by Declarant; thereafter, the persons who shall comprise the Architectural Control Committee shall be appointed by the Board of Directors.
The Architectural Control Committee shall be a permanent committee of the Association and shall approve all proposed development or construction of improvements, including all additions, modifications or alterations thereto, or any proposed chance in the use of any part of the Properties. The Architectural Control Committee shall also assist and advise the Board of Directors in enforcing this Declaration and in publishing rules, regulations and guidelines, and may from time to time perform such other duties or functions as may be assigned to it by the Board of Directors. The initial Architectural Control Committee shall be composed of three (3) persons appointed from time to time by, and serving at the pleasure of, the Declarant. For so long as the Declarant has the right to appoint the committee members in accordance with the terms of this Declaration, members appointed to the Architectural Control Committee need not be owners of the Properties. Thereafter, the members of the Architectural Control Committee shall be selected from among the Owners. Nothing herein shall prevent the appointment, as an ex-officio or non-voting member, of any non-resident architect, engineer or other professional whose expertise or advice the Board of Directors deems necessary for the proper functioning of the Architectural Control Committee.
Section 3.
STANDARDS AND PROCEDURE FOR REVIEW
The standards which shall be applied by the Architectural Control Committee when reviewing requests for approval of the activities described hereinabove, shall be promulgated by the Architectural Control Committee; provided, however, that no such promulgated standards may be applied retrospectively to any such request and provided further, that all such standards shall be promulgated, applied and enforced without discrimination.
In the event that the Architectural Control Committee fails to approve, disapprove or approve with conditions, any requests for approval within forty-five (45) days after said plans and specifications have been submitted to it, the approval will no longer be required and the requirement of this Article will be deemed to have been satisfied as to that request.
The Architectural Control Committee may disapprove, or require modification to, any plans or specifications submitted to it for any reason and upon any basis including, but not limited to, purely aesthetic considerations. In determining whether to approve or disapprove of any submitted plans and specification, the Architectural Control Committee shall consider and shall be guided by the following.
(a) Individual lots are situated so as to provide the greatest view, privacy, use of natural topography, and preservation of natural vegetation for each Lot or Unit owner. Therefore the exact location of any structure will be controlled and must be approved by the Architectural Control Committee in each case.
(b) Because individual Lots vary in site, location, topography, and type of vegetation, standard set back regulations will vary in this Declaration. This allows the flexibility to insure that the location of each structure will provide the maximum amount of view and breeze and to insure that structures will be properly located with regard to the location of large trees and other similar considerations, The Developer reserves unto the Architectural Control Committee, its successors and assigns, the right to control absolutely and solely the precise location of any house, dwelling, or other structure to be constructed upon any Lot. This responsibility will be invoked without hesitation to assure that the overall objectives of the project are met; provide, however, that this will be done only after a reasonable opportunity as been afforded the owner to recommend a specific location of the improvements on his property.
(c) Setbacks: As a guideline to individual lot owner: Buildings and structures constructed on the Lots within this Subdivision shall observe the following setback requirements:
1. Front lot line/Right-of-way setback minimum setback shall be 40 feet; the maximum front setback shall be 60 feet.
2. Side lines shall carry a 15 foot minimum set back
3. The rear line shall carry a 25 foot setback with the exception of those lots bordering the outer extents of the approved master plan of Preston Hollow. These lots shall have a rear setback of 35 feet to comply with present zoning regulations. However, swimming pools, screen pool enclosures, and cabanas may be erected up to a distance of 15 feet from the rear line.
4. On irregular shaped lots, the Architectural Control Committee shall retain the right to permit buildings to be constructed as close as 25 feet to the front property/right? of?way line; 20 feet to the rear line and 10 feet to the side lot lines, even on corner lots when necessary.
5. On corner lots, the minimum side street setback shall be 25 feet from the side street line.
Section 4.
SIZE OF DWELLING
No residential structure will be approved with a living area, as that quoted term is defined from time to time pursuant to the standards promulgated by the Architectural Control Committee, of less that 1,800 square feet excluding garage or storage areas, nor will any residential structure be approved unless it has an enclosed garage capable of accommodating a minimum of two (2) automobiles.
Section 5.
STRUCTURE DESIGN MATERIALS AND COLOR
The Architectural Control Committee will strictly limit the exterior appearance of any structures built within the Properties. Only those designs which truly fit the development atmosphere and character will be approved. This may result in disapproval or require modification of designs which would be appropriate in other locations. It is specifically understood and agreed to by each Lot or Unit owner, that the Architectural Control Committee shall, in its sole discretion, have the right to approve or disapprove the design, color, and material of any structure on any grounds whatsoever, including purely aesthetic considerations.
No structure is to be more than 2-1/2 stories in height from the finished ground floor elevation.
All driveways are required to be of concrete construction and shall be installed, constructed and maintained in a manner aesthetically compatible with the character of the development.
No fence, hedge, wall or other dividing instrumentality over six (6) feet in height measured from the ground on which it stands shall be constructed or maintained on any Lot or Unit. No fence, wall, or other dividing instrumentality shall be of masonry or chain link construction and all fences, walls, and other dividing instrumentality shall be installed and constructed in an aesthetically compatible manner subject to approval by the Architectural Control Committee.
Section 6.
UTILITY SERVICE AND FEES
Each Owner shall connect improvements located on his Lot to utility systems which are available to the Lots at the time of completion, or to such additional systems as may become available from time to time. Such systems may, but need not necessarily, include the provision of electricity, water, sewer, septic tank, telephone service or CA?2V service. Owners are required to bring utility services from their boundary line to their residence. The Owner shall pay all fees connected with the installation and use of such facilities. The payment of such fees is a condition precedent to obtaining approval of any building plans and specifications.
Section 7.
APPROVAL OF ARCHITECTURAL CONTROL COMMITTEE
Upon approval or qualified approval of the Architectural Control Committee of any plans submitted pursuant to this Article V, the Architectural Control Committee shall: notify the applicant, in writing, of such approval or qualified approval; file a copy of such plans as are approved for the permanent record (together with such qualifications or conditions, if any); and, if requested by the applicant, provide the applicant with a copy of such plans bearing a notation of such approval or qualified approval. Approval of any such plans related to the Lot or Unit or any portion thereof shall be final as to such property and such approval may not be revoked or rescinded thereafter, provided: The Architectural Control Committee will require two complete sets of house prints. One will be kept for permanent record and the second set will be returned to the owner stamped approved or disapproved with such qualifications or conditions as deemed necessary in order to commence construction.
(a) That the improvements or uses described on or in such plans do not violate any easements, covenants, conditions or restrictions set forth in this Declaration or any other restrictions or covenants of record with respect to the Properties or any portion thereof; and
(b) That any such plans, qualifications or conditions attached to such approval of the plans do not violate any applicable governmental law, code, ordinance, rule or regulation. Approval of any plans and land use in connection with any portion of the Properties should not be deemed a waiver of the right of the Architectural Control Committee to disapprove similar plans or any of the features or elements included therein if such plans, features or elements are subsequently submitted for use in connection with any other Lot, Unit or portion of the Properties.
section 8.
WRITTEN NOTIFICATION OF DISAPPROVAL
In all cases where the Architectural Control Committee disapproves of any plans submitted hereunder, the Architectural Control Committee shall 50 notify the applicant in writing together with a statement of the grounds upon which the action was based. In any case, the Architectural Control Committee shall, if requested and if possible, make reasonable efforts to assist and advise the applicant so that acceptable plans can be prepared and resubmitted for approval.
Section 9.
RULES AND REGULATIONS OF THE ARCHITECTURAL CONTROL COMMITTEE
The Architectural Control Committee may from time to time promulgate rules and regulations governing the form and content of plans to be submitted for approval or with respect to the approval or disapproval of certain types of construction, improvements, or alterations, additions or modifications to improvements, or uses, provided however that no such rule or regulation shall be deemed to bind the Architectural Control Committee to approve or disapprove of any plan submitted for approval, or to waive the exercise of the Architectural Control Committee?s discretion as to such plans, and provided further that no such rule or regulation shall be inconsistent with the provisions of this Declaration or any applicable governmental law, code, ordinance, rule or regulation. The Board of Directors shall review all rules and regulations of the Architectural Control Committee and shall have the right, from time to time, to rescind, revoke or modify any of the rules and regulations of the Architectural Control Committee as it deems appropriate.
section 10.
DELEGATION OF FUNCTIONS
The Architectural Control Committee may authorize its staff, subcommittees or individual members of the Architectural Control Committee to perform any and all of the functions of the Architectural Control Committee as long as the number and identity of such staff or members and the functions and scope of the authority delegated have been established by resolution of the entire Architectural Control Committee, in accordance with the procedures to be established by the Architectural Control Committee, if any.
section 11.
LIABILITY OF THE ARCHITECTURAL CONTROL COMMITTEE
No action taken by the Architectural Control Committee or any member, subcommittee, employee or agent thereof, shall entitle any person to rely thereon with respect to the conformity with laws, codes, ordinances, rules or regulations or with respect to the physical or structural soundness or propriety of any proposed improvements or construction. Neither the Architectural Control Committee nor the Association, nor any member, subcommittee, employee or agent thereof, shall be liable to anyone submitting plans to them for approval or to any Lot or Unit owner, Member, or any other Person, in connection with any submission of plans, or the approval or disapproval thereof, including, without limitation, mistakes in judgment, negligence, omissions, or misfeasance. Every person or other entity submitting plans to the Architectural Control Committee agrees, by submission of such plans, that no action or suit will be brought against the Association, or the Architectural Control Committee, or any member, subcommittee, employee or agent thereof, in connection with any such submission.
section 12.
CERTIFICATE OF COMPLIANCE
Upon written request of any owner or mortgagee or any other person reasonably having a right to the information requested, the Architectural Control Committee shall issue or cause to be issued a certificate of compliance, where appropriate, indicating that any proposed or constructed improvements or uses have been approved by the Architectural Control Committee in accordance with the provisions of this Section. No such certificate shall be issued unless and until all the conditions and requirements of this Article V have been complied with.
ARTICLE VI
DUTY TO MAINTAIN
section 1.
COMMON AREA
As more fully described and provided for elsewhere in this Declaration, the Association shall be responsible for the maintenance, upkeep and repair of the Common Area and for those portions of the Lots and Units which are burdened by the easements shown on the Plat or reserved hereby.
section 2.
LOTS/UNITS
The Lot and Unit Owners shall be responsible for the maintenance, upkeep and repair of their individual Lots and Units in a neat and attractive manner.
In the event a Lot or Unit Owner in the Properties shall fail to maintain the Lot or Unit including but not limited to the structures, grounds not burdened by easements, premises, improvements and unit exteriors in accordance with the provisions of this Declaration in a manner satisfactory to the Board of Directors, the Association, after approval of two?thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot, structures, grounds, premises, improvements or Unit exteriors and effectuate the needed maintenance, repair or replacement. The costs incurred by the Association in so maintaining, repairing or replacing shall be added to, and become part of, the annual assessment to which such Lot or Unit is subject and the Association shall have a lien upon such Lot or Unit, enforceable as with all other liens for unpaid assessments, as provided herein.
ARTICLE VII
RESIDENTIAL AREA COVENANTS
section 1.
USE RESTRICTIONS
Each and all Lots and Units within the Properties are restricted to the use of a single family, their household servants and guests, exclusively for residential purposes. By way of illustration but not limitation, the Lots or any building erected, thereon, shall not be used for the purpose of any profession, trade, employment, service, manufacture or business of any description, nor as a school, hospital or other charitable institution, nor as a hotel, apartment house, rooming house or place of public resort, nor for any sport other than such sports or games as are usually played in connection with the occupancy of private residences, nor for any purpose other than as a private residence. Only one (1) residence, with at least 1,800 sq.ft. of living area as defined in Article V hereinabove, may be built upon each Lot. A construction shed and related facilities may be placed on a Lot by the owner and remain there temporarily during the course of active construction of a residence; otherwise, no portable or temporary buildings, carports, mobile homes, tents, shacks or barns may be placed on a Lot. The Declarant shall be permitted to make temporary use, for a construction trailer, model homes, sales displays, parking lots, sales offices or other offices, or any combination thereof, of a Lot or Unit, until the permanent cessation of all construction activities, by Declarant, takes place.
section 2.
CLOTHES LINES
No exterior clothes lines or drying areas shall be permitted on any Lot or Unit unless said Lot or Unit is enclosed within a fence approved by the Architectural Control Committee.
section 3.
EASEMENTS
Easements for the installation and maintenance of utilities and for the installation and maintenance of drainage facilities are reserved as shown on the Plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain that may damage any structure installed in accordance with said easements, or prevent the installation and maintenance of utilities in the utility easements, or that may change the direction of flow of drainage channels in the drainage easements, or that may obstruct or retard the flow of water through drainage channels in the drainage easements. The easement area of each Lot or Unit and all improvements thereon shall be maintained continuously by the Association except for installations for which a public authority, utility company or special taxing district is responsible. All original grantees of the above-stated easement, and their respective successors and assigns, shall have a perpetual easement f or the installation and maintenance of all water lines, sanitary sewers, gas mains, storm drains, electric and telephone lines, under and through the utility and drainage easement as shown on the plat. There is hereby reserved a perpetual easement for the installation and maintenance of cable and community antenna radio and television line. My damage caused to pavements, driveways, drainage structures, sidewalks or other structures in the installation and maintenance of such utilities shall be promptly restored and repaired by the utility whose installation or maintenance cause such damage. All utilities within the Properties, whether street rights-of-way or within utility easements, shall be installed and maintained underground, unless approval for above ground installation is first obtained from the Architectural Control Committee and such installation and approval is not inconsistent with applicable laws, codes, ordinances, rules or regulations.
Section 4.
NUISANCES
No noxious or offensive activity shall be carried on upon any Lot, Unit or Common Area, nor shall anything be done thereon which may be or may become, an annoyance or nuisance to the neighborhood.
section 5.
TEMPORARY STRUCTURES
Trailers, tents, shacks, sheds, carports, barns or other temporary buildings of any design whatsoever are expressly prohibited within the Properties and no temporary residence shall be permitted in any unfinished residential building. This restriction shall not prevent temporary buildings used by contractors of the Declarant or its agents and employees in construction work, which shall be removed from the premises on the completion of the Unit.
Section 6.
SIGNS
No sign of any kind shall be displayed to the public view on any Lot or Unit except one sign, designed and constructed in accordance with the standards promulgated by the Architectural Control Committee, advertising the property for sale or rent may be displayed on any Lot or in one of the front windows of a Unit. such signs as are allowed must be maintained in good condition at all times, must be removed upon termination of their use, and must have the approval of the Architectural Control Committee.
Section 7.
OIL AND MINING OPERATIONS
No oil drillings, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or within the Properties, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or within the Properties, provided, however, Declarant shall be allowed to excavate for landscaping, filling and grading purposes. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the Properties.
Section 8.
PETS. LIVESTOCK AND POULTRY
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot or Unit, except dogs, cats and other household pets may be kept on Lots and Units subject to such rules and regulations as may be adopted by the Association, provided that: they are not kept, bred or maintained for any commercial purpose or in excessive numbers; they have been duly licensed in compliance with all governmental regulations; and they do not become an annoyance or nuisance to any neighbor. Household pets shall not be permitted or allowed to stray, run, be, or go at large, without a lease or other appropriate restraint, in or upon any street sidewalk, walkway, the Common Area or the private property of others without the express or implied consent of the owner of such private property. No dogs or other pets shall be permitted to have excretions or any portion of the Common Area or the private property of others. In the event of any such excretions, the owner of said dog or other pet shall immediately remove and dispose of said excretions.
Section 9.
WATER SUPPLY
No individual Owner may permit to be located upon his Lot or Unit any individual water supply system other that for irrigation purposes. This covenant shall not restrict the Association from permitting a water supply system to exist upon the Common Area for use in any sprinkler system. Location of Irrigation wells shall be approved by the Architectural Control Committee.
Section 10.
COMMERCIAL TRUCKS: RECREATIONAL VEHICLES: TRAILERS: BOATS
No trucks, service vehicles or commercial vehicles, other than those present on business, and no home trailers, motor homes, campers, boats, boat trailers, or recreational vehicles or trailers, of any and every description shall be permitted to be parked or stored on any Lot, Unit, the Common Area or any publicly dedicated street or right-of-way in the Properties, except in those areas of the Properties specifically designated by the Architectural Control Committee for such use and purpose, if any. In any event, trucks, service vehicles or commercial vehicles shall not be permitted to be parked or stored on any Lot, Unit, Common Area or any publicly dedicated street or right-of-way for a period of time exceeding twelve (12) hours. This provision shall not apply to the Declarant during periods of construction.
section 11.
GARBAGE AND TRASH DISPOSAL
No garbage, refuse, trash or rubbish shall be deposited on any Lot, Unit or the Common Area except on designated collection days and in a suitable receptacle or dumpster which is placed or situated so as to be as inconspicuous as possible and which is substantially shielded or screened from the view of the neighboring property, the Common Area and the publicly dedicated street; provided, however, that garden trash and rubbish that is required to be placed at a point, approved by the Architectural Control Committee, in order to be collected may be placed and kept at such designated point, and need not be in any container, for periods not exceeding twenty-four (24) hours, provided further, that the requirements, from time to time, of Hernando county, Florida or other governmental subdivision having jurisdiction over such matters, for disposal or collection shall be complied with and that all equipment tot the storage or disposal of such material shall be kept in a clean and sanitary condition.
section 12.
DRAINAGE
No installations, improvement or structures shall be permitted, placed or erected, nor shall any alterations of any kind, including but not limited to landscaping be made, permitted, or placed upon, any Lot, Unit or the Common Area which shall in any way hinder the surface or subsurface drainage of the Properties. Any Amendment of these documents which would affect the surface water management system, including the water management portions of the Common Areas, must have the prior approval of the South West Florida Water Management District.
section 13.
TELEPHONE. GAS. CATV AND ELECTRIC SERVICES
Service to all Lots and Units by telephone, gas, community radio and television, and electric power must be by underground services from easement areas into the improvements, unless an exception therefor is granted by the Architectural Control Committee and that exception is not inconsistent with applicable laws, codes, ordinances, rules and regulations.
section 14.
UNIT AIR CONDITIONERS AND REFLECTIVE MATERIALS
No air conditioning or heating units may be mounted through windows or walls unless the type, location, method of installation, appearance and desirability, have been approved by the Architectural Control Committee. It is the intention of this provision to authorize said Committee, in its sold discretion, to approve or disapprove any such air conditioning or heating units on purely aesthetic grounds, or any other grounds, or f or the reason that there should be no such window or wall units in such location. No building on any Lot, Unit or Common Area shall have any aluminum or other metal foil, film or tape placed or displayed on any window or glass door, nor shall any other reflective material or substance be shown or displayed on any glass of any improvement on any Lot, Unit or the Common Area.
Section 15.
EXTERIOR ANTENNAS; CABLE RECEPTION DISHES
No television, radio or other antennas, exterior to the building, and no reception dishes shall be permitted on any Lot, Unit or the Common Area unless an exception therefor is granted by the Architectural Control Committee and that exception is not inconsistent with applicable ordinances. This provision shall not apply to underground installations.
section 16.
EXCAVATION
No excavation shall be made on the Properties except excavation for the purposes of: pool installation; construction and building on the Properties, by the Declarant, at the time of commencement of such building and construction; and the improvement of the gardens and grounds therefor, and no soil, sand or gravel shall be removed from the Properties without the prior written permission of the Architectural Control Committee.
section 17.
WASTE MATERIAL
No building waste or other material, of any kind or description, shall be dumped or stored on the Properties except clean earth for the purpose of grading in connection with the erection of a building thereon or for the immediate improvement of the grounds or landscaping thereof with the prior written approval of the Architectural Control Committee.
section 18.
TREE REMOVAL
No living trees larger that 3 inches in diameter shall be cut down or removed from the Properties other that those standing within an area to be cleared or excavated f or the erection of a building and accessory improvements thereon without the prior written consent of the Architectural Control Committee and any applicable governmental authorities. Subject to this exception, if any tree is cut down, removed or damaged without the prior written consent of the Architectural Control Committee, the Owner responsible for the destruction of the tree shall pay a fine of Two Hundred Dollars ($200.00) per tree and will forthwith replace the tree under the supervision and to the satisfaction of the Architectural Control Committee as to type, size and planting of the replacement tree.
section 19.
PARKING RESTRICTION
In order to preserve the value of the properties and attractiveness of the community, all campers, tents, trailers, boats, recreational vehicles and motorcycles must be parked or stored in enclosed garages out of sight from the public unless prior written consent to the contrary has been obtained from the Architectural Control Committee. In no event, however, will such items be permitted to be parked or stored on any Lot, Unit or the Common Area or publicly dedicated street or right-of-way for a period of time exceeding twenty-four (24) hours.
No Owner of a Lot or Unit shall repair or restore any motor vehicle, boat, trailer, or other vehicle on any portion of any Lot, Unit, or the Common Area or publicly dedicated street or right?of-way, except for emergency repairs, and then only to the extent necessary to enable movement thereof to a proper repair facility.
section 20.
COMENCEMENT OF CONSTRUCTION
Construction of a residential single family structure shall commence within three (3) years of the transfer of title of a Lot to the initial Purchaser from the Declarant. Completion of construction shall be with in six (6) months of commencement. Prior to the construction, the vacant Lots shall be mowed and maintained in an aesthetically compatible manner in order to preserve the attractiveness of the community.
section 21.
SIDEWALKS
Prior to completion of construction of any residential single family structure as required by Section 20, hereinabove, the Owner of said single family structure shall cause to be installed a four (4) foot wide concrete sidewalk, meeting applicable building codes and otherwise complying with the required specifications of the Architectural Control Committee, within the prescribed right- of-way limits of the street fronting the lot. Each Owner shall locate and construct said sidewalk in accordance with the plans, specifications and requirements of the Architectural Control Committee. Corner lots shall have the sidewalk constructed on both streets in conjunction with cross-walks as designated within the plans, specifications and requirements of the Architectural Control Committee. All sidewalks are to be constructed with uniformity of location and material. Therefore the Declarant shall have absolute control over said sidewalks by reserving approval of the contractor construction such sidewalks.
Section 21a.
SIDEWALK MAINTENANCE
Sidewalks constructed as set forth shall me maintained by the Association. The Board of Directors shall deem an appropriate fee f or such maintenance in accordance with Article XV.
Section 22.
SODDING & LANDSCAPING
Upon completion of construction, full sodding shall be installed from the front roadway to the rear lot line. The entire lot must be sodded with either Floratam or Bahia sod or any other type of sod approved by the Architectural Control Committee. Landscaping plans must also be submitted for approval by the Architectural Control Committee so as to preserve and maintain the aesthetic integrity of the community.
ARTICLE VIII RULES AND REGULATIONS
Section 1.
COMPLIANCE BY OWNERS
Every Owner shall comply with: this Declaration; the Articles of Incorporation and the Bylaws of the Association; any and all rules and regulations adopted by the Board of Directors of the Association; any and all standards, rules and regulations adopted by the Architectural Control Committee; and all applicable State, County and local ordinances (collectively the Rules and Regulations).
Section 2.
ENFORCEMENT
Failure of an Owner to comply with such Rules and Regulations shall be grounds for legal action, by the Declarant, the Association, or any Lot or Unit Owner, which may include, without limitation, an action to recover sums due for damages, an action for injunctive relief, or any combination thereof. The prevailing party in any such legal action shall also be entitled to recover his costs and attorneys? fees incurred in bringing such action, and if necessary, costs and attorneys? fees for appellate review. Additionally, the Association shall have the right to suspend voting rights and use of the Common Area.
ARTICLE IX
GENERAL DIVISIONS
Section 1.
DURATION
The covenants and restrictions of this Declaration, and any Supplemental Declaration, shall run with and bind the Properties, and shall inure to the benefit of and be enforceable by the Declarant, the Architectural Control Committee, the Association, or any Owner and their respective legal representatives, heirs, successors and assigns, for a term of twenty five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless terminated by the affirmative vote of ninety percent (90%) of the Unit Owners voting in person or by proxy at a meeting duly notice and called for such purpose. This and any Supplemental Declarations may be amended as provided in Section 5 of this Article IX.
Section 2.
NOTICE
Any notice required to be sent to any Member or Owner under the Provisions of this Declaration or any Supplemental Declaration, shall be deemed to have been properly sent when personally delivered or mailed, postage prepaid, to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of 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 the violation or to recover the damages or both, and against the land to enforce any lien created by this Declaration. Failure of the Declarant, the Association or any Owner to enforce any covenant or restriction herein contained shall, in no event, be deemed to be a waiver of the right to do so thereafter. These covenants and restrictions may be enforced by the Declarant, the Architectural Control Committee, the Association, or any Owner. In the event legal action is taken to enforce the covenants and restrictions provided herein, the prevailing party shall be entitled to recover the costs of such action, including attorneys? fees, and appellate costs and attorneys? fees, if necessary.
section 4.
SEVERABILITY
Invalidation of any of the covenants and restrictions herein contained by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
section 5.
amendment
In addition to any other manner herein provided for the amendment of this Declaration, or any Supplemental Declarations, the covenants, restrictions, easement, charges and liens of this Declaration or any Supplemental Declaration may be amended, changed, added to, derogated from or deleted at any time during the first twenty (25) year period by Supplemental Declaration or by an instrument signed by not less than ninety percent (90%) of the Owners, and after the first twenty (25) year period by Supplemental Declaration or other instrument signed by not less that seventy?five percent (75%) of the Owners, provided, however, that no amendment which adversely affects the rights of the Declarant, as provided herein or the FHA, VA or FNMA, shall be valid without the written consent of the Declarant or the effected agency to such amendment. Any amendment must be recorded in the Public Records of Hernando County, Florida. Developer reserves the tight to make amendments at his sole discretion up until the Homeowners take control of the Homeowner Association at which time the above section 5 will apply.
Section 6.
FNMA/FHA/VA APPROVAL
As long as there is a Class Be membership, the following actions will require the prior approval of the FNMA, the FHA or the VA: annexation of additional properties; dedication of Common Area; and amendment of this Declaration. This Declaration is being submitted to the FNMA, the FHA and the VA for approval. Notwithstanding anything to the contrary contained in Section 5 of this Article, Declarant shall have the tight from time to time, without the necessity of joinder or consent by any Owners, to amend, add to, change, modify or derogate from, the provisions of this Declaration in the manner and to the extent required by the FNMA, the FHA or the VA in order for such organizations to approve financing of residential units on lots within the Properties. FNMA, HA or VA approval of any such documents or amendments executed by the Declarant shall be conclusive evidence that the amendment or other change- was required by the FNMA, the FHA or the VA pursuant to this provision.
Section 7.
ADDITIONAL COMMON AREA
Additional Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of Members, by Supplemental Declaration.
Section 8.
NOTICE TO LENDERS
Upon written request to the Association, identifying the name and address of the mortgage holder, insurer or grantor and the Lot or Unit number and address, any such mortgage holder, insurer or guarantor will be entitled to timely written notice of:
(a) Any condemnation loss or any casualty loss which materially and adversely affects a material portion of the Properties or any Lot or Unit on which there is a first mortgage held, insured or guaranteed by such mortgage holder, insurer or guarantor, as applicable;
(b) Any delinquency in the payment of assessments or charges owed by an Owner of a Lot or Unit subject to a first mortgage held, insured or guaranteed by such mortgage holder, insurer or guarantor, which remains delinquent for a period of sixty (60) days;
(c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association;
(d) Any proposed action which would require the consent of the specified percentage of mortgage holders.
ASSOCIATION INFORMATION
Upon request, during normal business hours or under other reasonable circumstances, the Association shall make available to Owners and lenders, and to holders, insurers or guarantors of any first mortgage, current copies of this Declaration, the Articles of Incorporation and Bylaws of the Association, any rules and regulations concerning the Properties, and the books, records and financial statements, for the immediately preceding fiscal year of the Association.
Upon the conveyance of any Lot or Unit by the Owners thereof, the new grantee/Owner shall immediately provide the Association with the name and address of the new Owner.
section 10.
EFFECTIVE DATE
This Declaration shall become effective upon its recordation in the Hernando County Records.
Section 11.
ENCROACHMENT EASEMENTS
In the event that any improvement shall encroach upon any of the common Area, or upon any Lot or Unit, or in the event that any Common Area, Lot or Unit shall encroach upon any improvements, then any easements shall exist to the extent of accommodating ?and abating that encroachment, for so long as the encroachment shall exist.
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