Hanover Parke Homeowners Association
This Declaration of Covenants is made this 7th day of
October, 1994 by J.T.B. Limited Partnership, a Florida
Limited Partnership authorized to шоколадная фабрика экскурсия для детей москва transact business in the State of
Florida, having in address at 6900 Southpoint Drive, North, Suite
430, Jacksonville, Florida 32216 ("the Declarant").
Whereas, Declarant is the owner of the real property known as
Windsor Parke Unit according to the plat thereof recorded in
the Public Records of Duval County, Florida herein referred to as
the "Property" : and
Whereas, Declarant desires to establish an association of
owners within the Property which will maintain the property owned
by such association and such other property as set forth in this
Declaration, including property owned by or dedicated to the City
of Jacksonville, Florida lying within the rights-of-way or
easements owned by or dedicated to the City and serving the
residents of the Property and not being maintained by the City;
Whereas, the Property is subject to a recorded instrument
entitled Declaration of Covenants, Conditions and Restrictions for
Windsor Parke which instrument imposes upon the Property certain
covenants running with the land; and,
Whereas, Declarant desires to supplement said covenants by the
imposition of the additional covenants herein contained; now,
Now, therefore, Declarant in consideration of the premises and
the covenants herein contained, and for ~he purpose of preserving
the value and maintaining the desirability of the Property for the
benefit of all owners of portions of the Property, hereby declares
that the Property shall be subject to the covenants, restrictions,
easements, reservations and liens herein established, which shall
be covenants running with the land and which shall be binding upon
and inure to the benefit of Declarant and its successors and
1.1 " Additional Lands" means the lands in Duval County, Florida
described on Exhibit "B" attached to this declaration.
1.2 "A.R.C." means the Architectural Review Committee of the
Association as set forth in Article V hereof.
1.3 "Architectural Criteria" means the Regulations from time
to time adopted by the A.R.C. and approved by the Board of
Directors pertaining to construction standards ~or improvements
constructed within the Property.
1.4 "Association" means the Hanover Parke Homeowners
Association, Inc., a Florida not-for-profit corporation established
for the purposes set forth herein, its successors and assigns.
1.5 "Board" or "Board of Directors" means the Association's
Board of Directors.
1.6 "Club Property" means the property described in the
Master Declaration as the Club Property, which is known as the
Windsor Parke Golf and Country Club.
1.7 "Common Areas" means all property from time to time owned
by the Association or designated for ownership by the Association
for the common use and enjoyment of all Owners, together with all
improvements, fixtures, and tangible personal property now or
hereafter situated thereon and all appurtenant easements.
1.8 "Common Maintenance Areas" means the Common Areas, if
any, and the entrance monuments, drainage facilities and detention
ponds, esplanade and right-of-way landscaping and such other areas
lying within public or private easements or rights-of-way, the
maintenance of which has been designated by the Board of Directors
of the Association as an Association responsibility for the
preservation, protection and enhancement of the property values and
the general health, safety or welfare of the residents.
1.9 "Declarant" means J.T.B. Land Development, Inc., a Florida Cooperation,
its successors and assigns who are designated
as such in writing by Declarant, and who consent in writing to
assume the duties and obligations of the Declarant with respect to
the Lots acquired by such successor or assign.
1.10 "Declaration" means this Declaration of Covenants For
Hanover Parke, (Windsor Parke UNIT-NINE) and any
amendments and annexations thereto.
1.11 "Golf Front Lot" means any Lot which has frontage on or
common boundaries with the Club Property.
1.12 "Legal Documents" collectively means this Declaration of
Covenants and Restrictions and any supplemental declarations made
in accordance herewith, as amended from time to time, the
Association's Articles of Incorporation (the "Articles") and the
Association's By-Laws (the "By-Laws"), as the same may be amended
from time to time.
1.13 "Lakefront Lots" means all Lots containing within the lot
lines a portion of a lake or pond within the Property, or having
frontage on or common boundaries with a lake or pond.
1.14 "Law" means any statute, ordinance, rule, regulation, or
order adopted or enforced by the United States of America, or any
agency, officer, or instrumentality thereof, or by the State of
Florida, or any agency, officer, municipality, or political
1.15 "Lot" means any plot of land shown on the Plat or any
subsequently recorded subdivision plat of the Property, which is
designated thereon as a lot, excluding any areas designated as
Common Areas or for utilities or drainage uses or dedicated to
1.16 "Master Association" means the Windsor Parke Property
Owner's Association, a Florida not for profit corporation, as
described in the Master Declaration.
1.17 "Master Declaration" means the Declaration of Covenants,
Conditions and Restrictions for Windsor Parke recorded in O.R. Book
1749, Page 1141 of the Public Records of Duval County, Florida and
any amendments and annexations thereto. The Master Declarant is
the Declarant under the Master Declaration.
1.18 "Mortgage" means any mortgage, deed of trust, or other
instrument validly transferring any interest in any Lot, or
creating a lien upon any Lot, in either case as security for
performance of an obligation. The term Mortgage does not include
judgments, involuntary liens, or liens arising by operation of Law.
"First Mortgage" means any Mortgage constituting a lien prior in
dignity to all other Mortgages encumbering the same property.
1.19 "Mortgagee" means the Person(s) named as the obligee
under any Mortgage, or the successor in interest to any such
Person, including the Federal National Mortgage Association, the
Veterans Administration, the Federal Housing Authority and similar
guarantors or insurers of First Mortgages.
1.20 "Owner" means the record owner, whether one or more
Persons, of the fee simple title to any Lot, including contract
sellers, but excluding contract buyers and any Person holding such
fee simple title merely as security for the performance of an
obligation. Declarant is an Owner as to each Lot owned by the
1.21 "Person" means any natural person or artificial entity
having legal capacity.
1.22 "Plat" means that subdivision plat of Windsor Parke Unit
---- to be recorded in the Public Records of Duval County, Florida
and the recorded plat of any lands made subject to the provisions
of this Declaration pursuant to the provisions hereof, and any
1.23 "Property" means the lands in Duval County, Florida,
described on Exhibit A attached to this Declaration together with
all other lands that hereafter may be made subject to the
provisions of this Declaration in the manner provided herein.
1.24 "PUD Ordinance" means Ordinance #86-749-660 of the City
of Jacksonville, Florida setting forth the criteria for the Windsor
Parke Planned Unit Development, as amended from time to time.
1.25 "Regulations" means any rules and regulations regarding
the use of the Property duly adopted by the Association in
accordance with the Legal Documents, including the Architectural
1.26 "Unit" means any residential dwelling situated upon any
1.27 "Work" means the initial development of all or any
portion of the Property as a residential community by the con-
struction and installation of streets, utility systems, community
facilities, buildings, and other improvements, and the sale, lease,
or other disposition of the Property in parcels, but does not
include the construction of Units except when constructed by
Declarant. Such term is to be broadly construed to include any and
all activities, uses, structures, and improvements necessary,
convenient, or desirable to accomplish such construction and
2.1 Membership. Every Owner of a Lot is a member of the Association and is entitled to one membership for each Lot owned. Each membership is appurtenant to the Lot upon which it is based and is transferred automatically by conveyance of title to that Lot whereupon the membership of the previous Owner automaticallyand is transferred automatically by conveyance of title to that Lot whereupon the membership of the previous Owner automatically terminantes. No Person other than the Owner may be a member of the Association, and a membership in the Association may not be transferred or encumbered except by transfer of title to a Lot; provided however, the foregoing does not prohibit the assignment of membership and voting right by an Owner who is a contract seller to his vendee in possession.
2.2 Voting Rights. The Association shall have two classes of voting membership.
(a) Class A. Class A member shall be all Owners with the exception of Declarant and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members, but the vote for such Lot shall be exercised as they among themselves determine, and in no event shall more than one (1) vote be cast with respect to any Lot.
(b) Class B. The Class B member shall be the Declarant who owns Lots or Units that have never been occupied and who shall be entitled to three (3) votes for each unoccupied Lot owned by it. The Class B membership shallcease and be converted to Class A membership not more than one hundered twenty (120) days after conveyance of the Lot which causes the total votes outstanding in the Class A membership to equal the total votes outstanding in the Class B membership, or (7) years after the covenance of the first Lot by declarant, whichever occurs earlier. Class B membership shall be reinstated at ant time before the expiration of 7 years from the date of conveyance of the first Lot if additional Lots owned by the Class B member are annexed into the Association in sufficient numbers to restore a ratio of at least one Class B Lot to each three Class A Lots in the overall area subject to the Declaration.
(c) Suspension. All voteing rights of an owner shall be suspended during any period in which such awner is delinquent in the payment of any assemssment duly established pursuant to this Article II or, for period not to exceed sixty (60) days, if the owner is in default or under the bylaws or Rules and regulations of the associtation and such suspension shall apply to the proxy authority of the voting representative, if any.
2.3 Inspection of Records. All books, records, and papers of the Association will be open to inspection and copying during reaseonable businesss hours by any Owner by Declarant, so long as declarant is a memeber of the assocaiation . Such right of inspection may be execised personally or by one or more representatives copies (certified if requested) of any of its books records and uniform charge for such coipeis and ceritication the declaration articles and by laws must be available for inspection by any owner or the declatant at tha association's principal office where copies also may be purchased at a charage to cover reproduction costs.
2.4 Extradordinary Action. The assocation's articles of incorporation provide that certain actions of the association as described in the articles require the approval of a super majority of the members in addition, any such action shall require the written approval of the declarant for so long as the declarant is a member of the association.
2.5 Amplification. The members of the association shall elect the Board of Directors of the Association, who shall manage the affairs of the Association. The Board of Directiors shall appoint officers of the association to administer the operation of the Association's articles and By-Laws, but no shuch amplification shall alter or amend substantially any of the rights or obligations of the owners set forth in this Article. Declarant intends that the provsions of this Declaration and the articles and By-lawss be interpreted and enforced to avoid inconsistences or conflicting results. If anyt such sconflict necessarily however declarant intends thats the provisions of this declaration control anything in the articles or by laws to the contrary.
2.6 Assessments Established. For each Lot within the property, Declarant covenants and each owner, by acceptance of a deed or other conveyance of record title to a lot, weather or not it is so expressed in such deed or conveyance is deemded to covenant and agree to pay to the Association, an annual maintenance assessment, special assessments including special assessments for prpoerty taxes levied and assessed against the Common Areas, specific assessments against a particular Lot that are established pursuant to any provisions of the Legal Decuments (all herinafter described), and all taxes, if any, that from time to time may be imposed upon all or any portion of the asessments established by this Article.
2.7 Annual Maintenance Assessments.
(a) General. The annual maintenance assessments levied by the Association must be used exclusively to promote the recreation, health, safety, and welfare of the residents and occuopants within the Property, and for the operation, manangement, maintenance, repair, renewal and replacement of the Common Areas (including maintenance of adequate reserves), the payment of taxes and insurance, and for the performance of the Association's duties under the Legal Documents and persuant to Law including the maintenance of adequate reserve accounts.
(i) Until January 1 of the year immediately following the recording of this Declaration, the maximum annual maintenance assessment shall be Sixty Dollars ($60.00) for each fully assessable Lot. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
(ii) Commencing with the fiscal year beginning January 1 of the year immediately following the recording of this Declaration and each year thereafter, the Board of Directors, at its annual meeting next preceding such date, shall set the amount of the maximum annual maintenance assessment for the following year for each lot, provided that the maximum annual maintenance assessment may not be increased more than five percent (5%) above the previous year unless approved by two-thirds (2/3) of each class of those members present in person or by proxy and voting at a meeting duly convened as provided hereunder. A quorum of sixty percent (60%) of the Association's membership shall be required at such meeting. If that quorum requirement is not met, a second meeting may be called at which the quorum shall be one-third of the membership. The amount of the annual maintenance assessment shall be dete rmined annually by the Board of Directors, subject to the limitation of the maximum annual maintenance assessment then in effect. Written notice of such assessment shall be given to every Owner, but the failure to give such notice will not invalidate an otherwise proper assessment. In the absence of Board action the annual maintenance assessment then in effect will continue for the next fiscal year. The annual maintenance assessment shall be due and payable in full on the first day of January of each year, unless otherwise directed by the Board of Directors in a written notice to the Owners.
(c) Commencement of Annual Assessment. The annual assessment begins as to all Lots within the Property on the first day of the month following the recordation of this Declaration. If the operation of this Declaration is extended to Additional Lands, as provided herein, then the annual assessment begins against all Lots within each such extension on the first day of the first month following the recording in the public records of an amendment to this Declaration extending its operation to such additional lands. The first annual assessment against any Lot shall be prorated according to the number of months then remaining in the fiscal year.
(d) Working Capital Fund. The Association shall establish a working capital
fund to provide for unforeseen expenditures and which will be funded as set
forth in this subparagraph. Upon the initial transfer of title of a Lot to
an Owner (excluding transfer to the Declarant or Persons in the business of
constructing improvements on Lots for resale purposes) , the transferee shall
pay to the Association a working capital contribution equal to two months
of the then current annual maintenance assessment. This capital contribution
shall not be considered asa an advance payment of the annual maintenance assessment.
Each transferor agrees to collect the working capital contribution at the
closing of the sale to such Owner and to promptly pay the same to the Association.
The Association may at any time utilize these contributions for any purpose
permitted by the Legal Documents , including normal operating expenses.
2.8 Special Assessments. The associoation may levy special assessments payable in one or more installments applicable to that year for the purpose of defraying, in whole or in part, any expense that is not reasonably expected to be incurred on a regular basis, or the cost of any purchase of additional real property for the use and benefits of Owners, or construction, reconstruction, renewal, repair, or replacement of a capital improvement; proveded that such assessment is approved by two-thirds (2/3) of each class of those members present in person or by proxy and voting at a meeting duly convened for such purpose.
2.9 Property Taxes. The Association shall timely pay all ad valorem real estate taxes, special assessments other taxes, if any, levied on the Common Areas, and shall asses each Owner for the cost thereof as provided in paragraph 2.7 hereof. The amount of the assessment shall be determined by dividing the amount of such taxes by the number of Lots within the Property. At the Board's discretion, such assessments may be payable in a lump sum within thirty (30) days after notice or all or any portion thereof may be assessed as a part of the annual maintenance assessment described above. Each year the Board shall determine, within forty-five(45) days after receiving notice of the amount of taxes due, whether such assessment shall be levied, and its amount.
2.10 Specific Assessments. Any indebtedness of an Owner to the Association arising under any provision of the Legal Documents, including any indemnity, or by contract express or implied, or because of any act or omission of the Owner or any occupant of such Owner's Lot, or arising by reason of any Owner's failure to properly maintain those portions of the exterior of his Lot and Unit as herein provided, also may be assessedby the Association against the Owner's Lot after the Owner fails to pay it when due.
2.11 Uniformity of Assessments. Except as specifically provided herein paragraph 2.7(e), the annual maintenance assessment and any special assessments must be uniform throughout the Property, except that any Lot owned by Declarant and which is not being occupied as a residence is exempt from the annual maintenance assessments and special assessments; provided that Declarant shall have agreed to fun the deficits, if any, between the aggregate amount assessed Class A member and Declarant, and the total expenses of the Association during the applicable period. Declarant shall be obligated to fund such deficits only as the are actually incurred by the Association. The Declarant shall cease to pay any portion of the deficit of the annual operating expenses of the Association under the provisions of this paragraph when Declarant is no longer entitled to elect a majority of the Board of Directors of the Association. Thereafter, the Declarant shall pay an annual maintenance assessment amount attributable to any Lots then owned by Declarant and which are not being occupied as a residence at one-half (1/2) the rate assessed against Lots owned by Owners other than Declarant. This provision is not and shall not be contrued as a guaranty or representation as to the level of assessment imposed under the provisions of this Article. Declarant may assign this exemption in whole or in part in any Person who acquires two or more Lots for construction and resale of Units. Upon transfer of title of an exempt Lot other than for purposes of completing the Work, such Lot shall be assessed in the applicable amount established against Lots owned by the Class A memebers of the Association, prorated as of, and commencing on the first day of the month following the date of transfer of title.
2.12 Certificate of Payment. The Association shall furnish to ant interested Person a certificate signed by an officer of the Association setting forth whether assessments against a specific Lot have been paid and, if not, its unpaid balance. To defray its costs, the Association may impose a reasonable, uniform charge for issuing such certificates. A properly executed certificate of the Association as to the status of assessments on a Lot is binding on the Association as of the date of issuance.
2.13 Lein for Assessments. All sums assessed to any Lot, together with interest and all costs and expenses of collection, including reasonable attorneys' fees, shall become a lein on such Lot in favor of the Association upon the recording of a claim of lein signed by an officer of the Association. The Association may record a claim notice of lein against any LOt when any assessment is delinquent. Each such assessment, together with interest and all costs and expenses of collection, including reasonable attorneys' fees, also is the personal obligation of the Person who was the Owner of such Lot when the assessment fell due. The personal obligation for delinquent assessments does not pass to an Owner's successors in title, however, unless assumed expressly in writing.
2.14 Remedies of the Association.
(a) Personal Obligation. Any assessment not paid within 30 days after its due date bears interest from the due date, at the rate established from time to time by the Board of Directors, not to exceed the maximum lawful rate from time to time permitted under the laws of the State of Florida, nor to be less than ten percent (10%) per annum. The Association may bring an action at law against any Owner personally obligated to pay such assessment, or foreclose its lein against the Lot. No Owner may waive or otherwise escape liability for the Association's assessments by nonuse of the Common Areas or by abandonment by such Owner's Lot, or for any other reason except as determined by a court of competent jurisdiction. A suit to recover a money judgement for unpaid assessments may be maintained without foreclosing, waiving, or otherwise impairing the Association's lein, or its priority.
(b) Foreclosure. The Association's lein may be enforced by judicial foreclosure by the Association in same time manner in which mortgages on real property from time to time may be foreclosed in the State of Florida. In any such foreclosure, the Owner is required to pay all costs and expenses and expenses of foreclosure, including reasonable attorneys' fees, and any assessments against the Lot that become due during the period of foreclosure. All such costs and expenses and assessments are securedby the lein foreclosed. The Association has the right to bid at the legal sale to acquire the Lot foreclosed, or to acquire such Lot by deed or other proceeding or conveyence in lieu of foreclosure, and thereafter to hold, convey, lease, encumber, and otherwise deal with such Lot as an owner, but for purposes of resale only.
2.15 Subordination of Lein. The lein for the assessments provided in this article is subordinateto the lein of any FirstMortgage, unless the Association's lein was recorded prior to the recording of the Mortgage. Sale or transfer of any Lots does not affect the assessment lein, except that the sale or transferpursuant to a First Mortgage foreclosure or any proceeding or conveyance in lieu thereof, extinguishes the assessment lein as to payment that become due before such a saleor transfer, unlesssuch assessment was secured by a claim of lein for assessmentsthat isrecorded prior to recording of said First Mortgage. Any assessment extinguished by the foreclosure of a First Mortgage or conveyance in lieu thereof, shall be deemed to be an expense of the Association collectible from all Owners (including the foreclosing First Mortgage) in accordance with the Association's normalassessment procedures. No such sale or transfer relieves such Lot from liability for assessments thereafter becoming due, or from the Association's lein. The Association shall report to any First Mortgagee of a Lot any assessments remaining unpaid for more than 30 days and shall give such First Mortagagee 30 days in which to cure such delinquency before instituting foreclosure proceedings against such Lot, provided the First Mortgagee has given the Association written notice of its mortgage, designating by a proper legal description the Lot encumbered and stating the address to which notices shall be given. Nothing herein shall be construed to impose on the First Mortgagee any duty to collect assessments
3.1 Purpose of Maintenance Fund. The Board, for the benefit
of the Owners, shall provide and shall pay for out of the
maintenance fund provided for in Article II above the following:
(a) Taxes and assessments and other liens and encumbrances
which shall properly be assessed or charged against the Common
Areas rather than against the individual Owners, if any.
(b) Care and preservation of the Common Maintenance Areas.
(c) The services of a professional person or management firm
to manage the Association or any separate portion thereof to the
extent deemed advisable by the Board, (provided that any contract
for management of the Association shall be terminable by the
Association, with no penalty upon ninety (90) days prior written
notice to the managing party) and the services of such other
personnel as the Board shall determine to be necessary or proper
for the operation of the Association, whether such personnel are
employed directly by the Board or the manager.
(d) Legal and accounting services.
(e) A policy or policies of insurance insuring the
Association against any liability to the public or to the Owners
(and/or invitees or tenants) incident to the operation of the
Association in any amount or amounts as determined by the Board of
Directors, including a policy or policies of insurance as provided
herein in Article IV.
(f) Workers compensation insurance to the extent necessary to
comply with any applicable laws.
(g) Such fidelity bonds as may be required by the Bylaws or
as the Board may determine to be advisable.
(h) Any other materials, supplies, insurance, furniture,
labor, services, maintenance, repairs, structural alterations,
taxes or assessments (including taxes or assessments assessed
against an individual Owner) which the Board is required to obtain
or pay for pursuant to the terms of this Declaration or by law or
which in its opinion shall be necessary or proper for the
enforcement of this Declaration.
3.2 Powers and Duties of Board. The Board, for the benefit
of the Owners, shall have the following general powers and duties,
in addition to the specific powers and duties provided for herein
and in the Bylaws of the Association:
(a) To execute all declarations of ownership for tax
assessment purposes with regard to the Common Areas, if any, on
behalf of all Owners.
(b) To borrow funds to pay costs of operation secured by
assignment or pledge of rights against delinquent Owners if the
Board sees fit.
(c) To enter into contracts, maintain one or more bank
accounts, and generally to have all the power necessary or
incidental to the operation and management of the Association.
(d) To protect or defend the Common Areas from loss or damage
by suit or otherwise and to provide adequate reserves for
(e) To make reasonable rules and regulations for the
operation of the Common Maintenance Areas and to amend them from
time to time; provided that, any rule or regulation may be amended
or repealed by an instrument in writing signed by a majority of the
Owners, or with respect to a rule applicable to less than all of
the Common Areas, by the Owners in the portions affected (without
limiting the generality of the foregoing language, the rules and
regulations may provide for limitations on use of common
recreational areas, if any, during certain periods by minors,
visitors or otherwise).
(f) To make available for inspection by Owners within sixty
(60) days after the end of each year an annual report and to make
all books and records of the Association available for inspection
by Owners at reasonable times and intervals.
(g) To adjust the amount, collect and use any insurance
proceeds to repair damaged property or replace lost property, and
if proceeds are insufficient to repair damages or replace lost
property, to assess the Owners proportionate amounts to cover the
(h) To enforce the provisions of any rules made hereunder and
to enjoin and seek damages from any Owner for violation of such
provisions or rules.
(i) To collect all assessments and enforce all penalties for
non-payment including the filing of liens and institution of legal
3.3 Maintenance Contracts. The Board, on behalf of the
Association, shall have full power and authority to contract with
any Owner or other person or entity for the performance by the
Association of services which the Board is not otherwise required
to perform pursuant to the terms hereof, such contracts to be upon
such terms and conditions and for such consideration as the Board
may deed proper, advisable and in the best interest of the
4.1 Association to Hold. The Association shall own all
Common Areas and assume all maintenance obligations with respect to
any Common Areas which may be hereafter established. Nothing
contained herein shall create an obligation or] the part of
Declarant to establish any Common Area.
4.2 Liability Insurance. From and after the date on which
title to any Common Areas vests in the Association, the Association
shall purchase and carry a general comprehensive public liability
insurance for the benefit of the Association and its members,
covering occurrences on the Common Areas. The policy limits shall
be as determined by the Board of Directors of the Association. The
Association shall use its best efforts to see that such policy
shall contain, if available, cross-liability endorsements or other
appropriate provisions for the benefit of members, Directors, and
the management company retained by the Association (if any),
insuring each against liability to each other insured as well as
third parties. This requirement may be satisfied by being named as
an additional insured under the insurance policies of the Master
4.3 Condemnation. In the event of condemnation or a sale in
lieu thereof all or any portion of the Common Areas, the funds
payable with respect thereto shall be payable to the Association
and shall be used by the Association to purchase additional Common
Areas to replace that which has been condemned or to take whatever
steps it deems reasonably necessary to repair or correct any damage
suffered as a result of the condemnation. In the event that the
Board of Directors of the Association determines that the funds
cannot be used in such a manner due to the lack of available land
for additional Common Areas or for whatever reason, any remaining
funds may be distributed to each Owner on a pro rata basis.
4.4 Owner's Easements of Enjoyment. Every Owner shall have
a right and easement in and to the Common Areas and a right and
easement of ingress and egress to, and from and through said Common
Areas, and such easement shall be appurtenant to and shall pass
with the title to every Lot subject to the following provisions.
(a) The right of the Association to establish and publish
rules and regulations governing the use of the Common Areas
affecting the welfare of the Association members.
(b) The right of the Association to suspend the right of use
of the Common Areas and the voting rights of an Owner for any
period during which any assessment against his Lot remains unpaid;
and for a period not to exceed sixty (60) days for any infraction
of its published rules and regulations.
(c) The right of the Association, subject to the provisions
hereof, to dedicate or transfer all or any part of the Common
Areas, if any, to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the
Owners. No such dedication or transfer shall be effective unless
an instrument signed by Owners entitled to cast two-thirds (2/3) of
the votes of each class of membership has been recorded agreeing to
such dedication or transfer.
(d) Ail easements herein described are easements appurtenant
to and running with the land; they shall at all times inure to the
benefit of and be binding upon the undersigned, all of their
grantees, and their grantees, and their respective heirs,
successors, personal representatives and assigns, perpetually and
in full force.
5.0 Architectural Review Committee. The Declarant shall
initially appoint, and thereafter the Association shall maintain,
a standing committee identified as the Architectural Review
Committee, (the A.R.C. ) composed of three or more persons who
need not be Owners. The A.R.C. may retain the services of an
architect or landscape architect (the Professional Advisor ) to
assist the A.R.C. in the performance of its duties under the Legal
Documents. In the absence of specific action appointing members of
the A.R.C., the Board of Directors shall be the committee members.
The Declarant shall retain the right to appoint the A.N.C. members
until the first to occur of a) the sale by Declarant of all the
Lots in the Property and the remaining Unplatted Lands or b) ten
(10) years from the date this Declaration is recorded. Thereafter
the Board of Directors of the Association shall appoint the A.R.C.
members. Any reference in the Legal Documents to architectural
approval by the Association shall be deeded to require the approval
of the A.R.C. No member of the committee shall be entitled to
compensation for services performed, except that the Professional
Advisor, if any, shall be paid a uniform reasonable fee approved by
the Board of Directors of the Association, plus any actual expenses
incurred in the performance of their duties. The fee and an
estimation of expenses as determined by the A.R.C. shall be paid by
the applicant for approval at the time the application is submitted
as hereinafter provided.
5.2 A.R.C. Authority. Unless the Declarant is designated by
this Declaration to regulate a particular item, the A.R.C. has full
authority to regulate the use and appearance of the exterior of the
Property to: (a) assure harmony of external design and location in
relation to surrounding buildings and topography; (b) protect and
conserve the value and desirability of the Property as a
residential community; (c) maintain, to the extent reasonably
practical, the exterior design, appearance and landscaping of the
improvements located on the Property in substantially the same
appearance and condition as existed at the completion of
construction of the approved Units, subject to normal wear and tear
that cannot be avoided by normal maintenance; and (d) maintain
compatibility of external appearance among the improvements located
on the Property. The power to regulate includes the power to
prohibit, and require the removal of (when constructed without
A.R.C. approval), those exterior appearances, uses or activities
inconsistent with the provisions of this Declaration, or contrary
to the best interests of other Owners in maintaining the value and
desirability of the Property as a residential community. The
A.R.C. may adopt, rescind, and amend reasonable rules and
regulations (the Architectural Criteria ) in connection with the
foregoing; provided, however, such rules and regulation: (i) shall
be consistent with the provisions of this Declaration; and (ii) if
the Board of Directors has not constituted itself as the A.R.C.,
shall have been approved by the Board of Directors before taking
effect. Violations of the committee's rules and regulations shall
be enforced by the Board of Directors in the name of the
5.3 A.R.C. Approval. Except for all construction relatin9 to
the Work and items installed by Declarant as part of the Work, no
building, fence, wall, outbuilding, landscaping or other structure
or improvement shall be erected, altered, added on to upon any
portion of the Property without the prior written consent of the
A.R.C. The foregoing requires the A.R.C. 's prior approval for any
and all construction, changes (including color changes),
alterations, additions, reconstruction, improvements, or of any
nature whatsoever on any Lot or to the exterior of a Unit within
the Property unless any structure, use, or activity is expressly
permitted by the Architectural Criteria.
5.4 Submission of Plans. Prior to the initiation of
construction upon any Lot, the Owner thereof shall first submit to
the A.R.C. a complete set of plans and specifications for the
proposed improvements, including site plans, grading plans, floor
plans depicting room sizes and layouts, exterior elevations,
specifications of materials and exterior colors, and any other
information deemed necessary by the A.R.C. for the performance of
its function. In addition, the Owner shall submit the identity of
the individual or company intended to perform the work and
projected commencement and completion dates.
5.5 Plan Review. Upon receipt by the A.R.C. of all of the
information required by this Article V, it shall have 14 days in
which to review said plans. The proposed improvements will be
approved if, in the sole opinion of the A.R.C.: (i) the
improvements will be of an architectural style and material that
are compatible with the other structures in the Property; (ii) the
improvements will not violate any restrictive covenant or encroach
upon any easement or cross platted building set back lines; (iii)
the improvements will not result in the reduction in property value
or use of adjacent property; and (iv) the improvements will be
substantially completed, including all cleanup, within six (6)
months of the date of commencement [twelve (12) months for the
construction of a complete house]. In the event that the A.R.C.
fails to issue its written approval within fourteen (14) days of
its receipt of the last of the materials or documents required to
complete the Owner's submission, the A.R.C. 's approval shall be
deemed to have been granted without further action. All approvals
shall terminate in one year.
5.6 Non-conforming Structures. If there shall be a
deviation from the approved plans in the completed improvements,
such improvements shall be in violation of this Article V to the
same extent as if erected without prior approval of the A.R.C. The
A.R.C., the Association or any Owner may maintain an action at law
or in equity for the removal or correction of the non-conforming
structure and, if successful, shall recover from the Owner in
violation all costs, expenses and fees incurred in the prosecution
5.7 Inspection. The A.R.C. or its designate shall inspect
the construction after completion to assure compliance with the
approved plans and specifications and shall issue a certificate of
compliance if the improvements substantially comply with the
approved plans and specifications and any non-compliance does not
materially violate the provisions of this Declaration or the
Architectural Criteria. If the A.R.C. refuses or is unable to
issue a certificate of compliance, then it shall report to the
Board of Directors specifying the matters of non-compliance. The
Board of Directors shall consider the matters of non-compliance and
shall afford the affected Owner or his representative an
opportunity to be heard regarding such matters following reasonable
notice of the meeting at which these matters will be considered.
The Board of Directors shall thereafter issue a directive excusing
the non-compliance or requiring the Owner to correct the non-
5.8 Limited Liability. In connection with all reviews,
acceptances, inspections, permissions, consents or required
approvals by or from the Declarant or the Association neither the
Declarant, the A.R.C. members, the Board of Directors, the
Professional Advisor nor the Association shall be liable to an
Owner or such other Person and arising out of or in any way related
to the subject matter of any such reviews, inspections, consents or
required approvals, whether given, granted or withheld. The
Association shall defend any action brought against the A.R.C. or
any member thereof arising from acts or omissions of the A.R.C.
committed in good faith and without malice.
5.9 Address for Notice. Requests for A.R.C. approval or
correspondence with the A.R.C. shall be addressed to Windsor Parke
Architectural Review Committee and mailed or delivered to the
principal office of 6900 Southpoint Drive, North, Suite 230,
Jacksonville, Florida 32216 in Duval County, Florida, or such other
address as may be designated from time to time by the A.R.C. No
correspondence or request for approval shall be deemed to have been
received until actually received by the A.R.C. in form satisfactory
to the A.R.C.
6.1 Utility Easements. The Declarant hereby reserves the
right to grant perpetual, nonexclusive easements for the benefit of
Declarant or its designees, upon, across, over, through and under
any portion of the Property owned by Declarant for ingress, egress,
installation, replacement, repair, maintenance, use and operation
of all utility and service lines and service systems, public and
private, including, without limitation, cable television.
Declarant, for itself and its designees, reserves the right to
retain title to any and all pipes, lines, cables or other
improvements installed on or in such easements. Upon cessation of
Class B membership, the Association shall have the right to grant
the easements described herein.
6.2 Declarant's Easement of Correct Drainage. As long as
Class B membership shall be in effect, Declarant hereby reserves a
blanket easement on, over and under the ground within the Property
(except at the location of approved Units and paved driveways) to
maintain and correct drainage of surface waters and other erosion
controls in order to maintain reasonable standards of health,
safety and appearance and shall be entitled to remove trees or
vegetation, without liability for replacement or damages, as may be
necessary to provide adequate drainage facilities. Notwithstanding
the foregoing, nothing herein shall be interpreted to impose any
duty upon Declarant to correct or maintain any drainage facilities
within the Property. Upon cessation of Class B membership, the
Association shall have the right to exercise the easements
6.3 Easement for Unintentional Encroachment. The Declarant
hereby reserves an exclusive easement for the unintentional
encroachment by any structure upon the Common Area caused by or
resulting from, construction, repair~ shifting, settlement or
movement of any portion of the Property, which exclusive easement
shall exist at all times during the continuance of such
encroachment as an easement appurtenant to the encroaching property
to the extent of such encroachment.
6.4 Entry Easement. In the event that the Owner fails to
maintain the Lot as required herein, or in the event of emergency,
the Association shall have the right to enter upon the Lot to make
emergency repairs and to do other work reasonable necessary for the
property maintenance and operation of the Property. Entry upon the
Lot as provided herein shall not be deemed as a trespass, and the
Association shall not be liable for any damage so created unless
such damage is caused by the Association's willful misconduct or
6.5 Drainage Easements. Easements for installation and
maintenance of utilities, stormwater retention/detention ponds,
and/or a conservation area are reserved as may be shown on the
recorded subdivision plat. Within these easement areas, no
structure, planting or other material shall be placed or permitted
to remain which may damage or interfere with the installation and
maintenance of utilities, or which may hinder or change the
direction or flow of drainage channels or slopes in the easements.
The easement area of each Lot and all improvements contained
therein shall be maintained continuously by the Owner of the Lot,
except for those improvements for which a public authority, utility
company or the Association is responsible.
7.0 Residential Use. Ail Lots and dwellings shall be used
and occupied for single family residence purposes. No Lot or
dwelling may be used for commercial, institutional or other non-
residential purpose if such use involves the attendance or entry of
non-residents upon the Lot or otherwise diminishes the residential
character of the Lot or neighborhood. This prohibition shall not
apply to garage sales conducted with the prior written consent of
the Association provided that no Owner shall conduct more than one
(1) garage sale of no more than two (2) days duration during any
six (6) month period.
7.2 Rezoning Prohibited. No Lot shall be rezoned to any
classification allowing commercial, institutional] or other non-
residential use without the express consent of the Association and
Declarant, which may be withheld in Declarant's sole discretion.
Declarant or the Association may enforce this covenant by obtaining
an injunction against any unapproved rezoning at the expense of the
7.3 Occupancy and Leasing Restrictions. Each of the Units
shall be occupied only by the Owner or lessee of a Unit, members of
their family, their servants and nonpaying social guests. Entire
units may be rented provided the occupancy is only by the lessee
and the members of their family, servants and nonpaying social
guests. The Owner must notify the Association in writing within ten
(10) days of commencement of a lease, of the name of the tenant,
the term of the lease, and the forwarding address of the Owner.
The Owner will be jointly and severally liable with the tenant to
the Association for any amount which is required by the Association
to repair any damage resulting from acts or omissions of tenants
(as determined in the sole discretion of the Association) or to pay
any claim for injury or damage to property caused by the negligence
of the tenant. Special assessments may be levied against the Lot
for such amounts. No rooms may be rented and no transients may be
accommodated in a Unit. No lease may be for a period of less than
six months without the approval of the Association.
7.4 Animals. No animals, livestock, or poultry shall be
raised, bred, or kept anywhere within the Property, except that
caged birds and other common household pets may be kept by the oc-
cupants of each Unit subject to the Association's Regulations,
provided such pets are not kept, bred or maintained for any com-
mercial purpose and provided further that such pets are neither
dangerous nor a nuisance to the residents of the Property. Dogs
must be leashed or kept within enclosed areas at all times. All
pets are prohibited from the recreational facilities, if any,
located on the Common Area. Pets are prohibited from the Golf
Course at all times.
7.5 Storage of Fuel Tanks, Garbage and Trash Receptacles. All
above ground tanks, cylinder or containers for the storage of
liquified petroleum, gas or other fuel, garbage or trash, must be
approved by the A.R.C. and shall be screened from view from adja-
cent Lots and any street. Except for regular collection and dis-
posal, no rubbish, trash, garbage, or other waste material or
accumulations shall be kept, stored, or permitted anywhere within
the Property, except inside the Unit, or in refuse containers con-
cealed from view, and in accordance with the Association's Regula-
tions. No fires for burning of trash, leaves, clippings, or other
debris shall be permitted on any part of the Property, including
7.6 Sewage Disposal and Water Service. Ail water and sewage
facilities and service to the Property shall be supplied by the
central water supply and sewage system providing service to the
property. No well of any kind shall be dug or drilled on the Pro-
perty without the prior approval of the A.R.C., and then only for
the purpose of providing landscape irrigation. No septic tank may
be constructed on any Lot. No sewage may be discharged on the open
ground or into the lakes. No water from air conditioning systems or
swimming pools shall be discharged into the wetlands, canals or
lakes. There is a non-exclusive perpetual easement, in, over and
under the areas described on the Plat as Easement for Utilities
or similar wording for the purpose of installation, maintenance and
operation of water, drainage and sewage facilities.
7.7 Signs and Mailboxes. No sign of any kind shall be dis-
played to public view within the Property except customary address
signs approved by the A.R.C., and an approved lawn sign of not more
than four (4) square feet in size advertising a Lot for sale or
rent. All signs permitted by this subsection are subject to the
A.R.C. 's Regulations. The size, design and color of all mailboxes
and the supporting structures must be approved by the A.R.C. and
must comply with Postal Service regulations.
7.8 Window Coverings and Air Conditioners. Without the prior
written approval of the A.R.C., no aluminum foil, tinted glass or
other reflective material shall be installed or maintained on any
windows of a Unit. No window air conditioning units shall be
permitted. All exterior components of air conditioning units shall
be screened from view from the street and other Lots by approved
fences, walls or shrubbery, which shall be installed to minimize
noise from the air conditioning unit.
(a) General. Only the Golf Course Owner or the Master
Association shall have the right to pump or otherwise remove
any water from any lake, stream, pond, lagoon, marsh or other
wetlands situated in whole or in part upon the Property for
the purpose of irrigation or other use notwithstanding that
all or a portion of such wetlands may be located within a Lot.
Subject to drainage easements to the City of Jacksonville,
Florida, the Master Association shall have the sole and
absolute right to control the water level and quality of such
lakes and wetlands and to control the growth and eradication
of plants, animals, fish and fungi in any such lakes and wet-
lands. The height, grade and contour of any lake embankment
shall not be changed without the prior written consent of the
Master Association. No docks, moorings, pilings, bulkheads or
other structures shall be constructed on such embankments.
(b) Recreational Use. No swimming, bathing, boating or
similar activity is permitted in any lake or wetland.
(c) Governmental Permits. Reference is made to the St.
Johns River Water Management District ("SJRWMD") Permit No. 4-
031-0307 and subsequent surface water management permits
issued by SJRWMD for Windsor Parke. No construction of
improvements and no dredging or filling activities are
permitted waterward of the jurisdictional limit lines as shown
on the plat and plans submitted to SJRWMD in connection with
said permit, as amended and supplemented, (copies of which are
on file in the offices of the St. Johns River Mater Management
District) except as allowed by said permit and as may be
allowed by future permits. The foregoing provisions may be
enforced by the SJRWMD and may not be amended without the
approval of the SJRWMD.
7.10 General Prohibitions and Indemnity. No activity is per-
mitted, nor shall any object or substance be kept, stored, or
emitted, within the Property in violation of law. No noxious, de-
structive, or offensive activity is permitted within the Property,
nor shall anything be done within the Property that may constitute
a nuisance to any other Person lawfully occupying any Lot. Each
Owner shall defend, indemnify, and hold the Association and other
Owners harmless against all loss from damage or waste caused by
such Owner, or by any occupant of such Owner's Lot. Notwithstanding
the foregoing, or any other provision of the Declaration to the
contrary, ax] Owner's liability to the Association nor unintentional
acts or omissions is limited to the available proceeds of any and
all insurance maintained by such Owner or the Association if, at
the time of such act or omission, such Owner or the Association has
insurance in force complying with the requirements of this
Declaration. Collection of such proceeds is at the Association's
risk. To the extent from tine to time available, the Association's
insurance must provide for waiver of subrogation by the
Association's insurer against any Owner because of any
unintentional act or omission for which such Owner is responsible
under this paragraph.
7.11 Construction Standards. Lots may only be improved by the
construction thereon of a Unit in accordance with plans and
specifications for such Unit approved in writing by the A.R.C. in
accordance with the procedures described in Article VIII hereof.
All exterior materials and appearances must be approved by the
A.R.C. Exposed concrete block is prohibited. Similar exterior
elevations will not be permitted on Lots immediately adjacent or
across from each other.
7.12 Size and Minimum Floor Elevation Limitations. The Units
constructed on each Lot shall not exceed the height of thirty-five
(35) feet above grade level. Minimum floor elevations must comply
with Hill, Boring and Associates, Inc. Neighborhood Drainage dated
March, 1989, which is on file at the Association's office. Units
shall have a minimum square footage of eighteen hundred (1800)
square feet of interior living area, exclusive of garages, porches
and patios. Total ground coverage shall not exceed thirty-five
percent (35%) of the Lot surface area.
7.13 Other Structures. Without the prior written approval of
the A.R.C., no tents, sheds, trailers, tanks, storage buildings,
clothes lines, arbors, gazebos, swimming pools, or structures of
any type, whether similar or dissimilar to those herein enumerated
and whether intended to be temporary or permanent, may be erected
on a Lot, except that children's play structures may be located in
the rear yard of Lots that are not Golf Front or Lake Front Lots
without A.R.C. approval. Swimming pools must be located behind the
Unit with the pool walls not closer than four feet to a line
extended from and aligned with the side walls of the Unit, and any
pool enclosures may not extend beyond that line. No trailer,
basement, garage, or any outbuilding of any kind shall be at any
time used as a residence either temporarily or permanently. No
picnic areas and no detached outbuildings shall be erected or
permitted to remain on any Lot prior to the start of construction
of a permanent residence thereon.
7.14 Landscaping. In connection with the construction of
improvements on any vacant Lot, complete landscaping plans must be
submitted and approved with the plans and specifications for con-
struction of the Unit in accordance with the procedures described
in Article V hereof. All landscaping plans must include a minimum
expenditure established from time to time by the A.R.C. for land-
scaping plants (exclusive of sod, fill dirt, grading, mulch, irri-
gation systems and design fees). Applicable water management
permits require irrigation systems to be supplied by shallow wells.
If an automatic underground sprinkler system is to be installed,
the plans must include the location of the shallow well and details
on the pumping system and irrigation system. No hardwood trees of
six (6) inches or more in diameter or softwood trees of eight (8)
inches or more in diameter at a point two (2) feet above the ground
may be removed without the written approval of the A.R.C., unless
located within five (5) feet of an approved building site for a
Unit or within the area of an approved driveway. Siting of Units
and other improvements on Lots shall be done to preserve specimen
hardwood trees whenever possible. Any Person removing trees in
violation of this covenant shall pay to the Declarant (or the
Association following transfer of control of the Board of Directors
from Declarant) a stipulated liquidated damage sum of $30.00 per
inch of diameter measured as stated above for each tree, up to a
maximum liquidated damage sum of $15,000 for any Lot. No hedges or
hedge like grouping of plants exceeding four (4) feet in height
shall be permitted withOUt the written approval of the A.R.C. No
artificial grass, plants or other artificial vegetation shall be
placed or maintained on any Lot. No weeds, underbrush or other
unsightly vegetation shall be permitted to grow or remain on any
Lot. The lake banks of all Lakefront Lots must be sodded and
irrigated with automatic sprinkling systems and irrigation from top
of bank to the water's edge. The rear twenty (20) feet of Golf
Front Lots shall not be cleared of any trees or shrubs, except that
palmetto plants may be removed with A.R.C. approval.
(a) General. Ail fences and walls must be approved
by the A.R.C. prior to installation or modification. In
general, fences and walls, are discouraged that define
property lines. Hedges or dense vegetation is the preferred
method for privacy screening. No fence or wall may exceed six
f~et in height. No chain link, barbed wire or other forms of
wire fences are permitted. Decorative wrought iron or other
metal fences when used to surround pools may be approved by
the A.R.C. No fence, except decorative wrought iron or
aluminum fences approved by the A.R.C., may be erected on any
Lot adjoining a golf course or lake.
(b) Preservation of Easement Rights. Specific refer-
ence is made to the easements shown on the Plat and reserved
in this Declaration. No fence, wall, or other improvements
that interfere with exercise of these easement rights may be
constructed, installed or maintained in these easement areas.
Any improvements or landscaping located in these easement
areas are subject to removal at the expense of the Owner of
the Lot when requested by the grantee of the easement.
7.16 Setback Lines. To assure that location of dwellings will
be staggered where practical and appropriate, so that the maximum
amount of view and breeze will be available to each dwelling and
that the structures will be located with regard to the topography
of each Lot and to preserve specimen hardwood trees, the A.R.C.
shall have the right to control absolutely and to solely decide the
precise site and location of any dwelling or other structure upon
all Lots, subject to compliance with zoning regulations. Except in
instances of irregular Lot configurations or when there is a
special hardship, the A.R.C. shall not approve set-backs less than
twenty (20) feet from the front lot line, fifteen (15) feet from
side street lot lines, seven and one-half feet (7.5) for side lot
lines, and twenty (20) feet from rear lot lines or the top of the
bank for Lakefront Lots. In addition, the rear building line of a
unit located on a Lakefront Lot or Golf Front Lot shall not be more
than ninety-five (95) feet from the front Lot line. Declarant
reserves the right to establish specific setback lines applicable
to any unsold Lots in the Property by limitations shown on the Plat
or by recorded document.
7.17 Parking Restrictions and Garages.
(a) Parking. Unless and until the Association promulgates
Regulations expressly authorizing the parking, storage, or
repair, of boats, trailers, recreational vehicles, or other
vehicles, no vehicle, boat, or trailer may be parked, stored,
or repaired, anywhere within the Property except that
functional passenger automobiles, vans, motorcycles, and
trucks of one-half ton capacity or less (collectively, Per-
mitted Vehicles ) may be parked in those areas described in
this paragraph. Boats, trailers and other vehicles that are
not Permitted Vehicles may be regularly parked only in the
garage of a Unit. Permitted Vehicles may be parked only within
a garage of a Unit or in the driveway. No parking places may
be constructed on any Lot, except as constructed in accordance
with approved plans and specifications. Commercial vehicles or
any Permitted Vehicles with advertising thereon shall not be
parked within public view on a regular basis. No part of the
Common Areas or of the public right-of-ways shall be regularly
used for parking. The Association may enforce the foregoing
restrictions in any lawful manner, including the imposition of
reasonable, uniform fines for willful or repeated violations.
Nothing in this paragraph prohibits the emergency repair or
servicing of Permitted Vehicles, so long as such repair or
servicing is completed within 48 hours, or the occasional
parking of vehicles by delivery personnel or guests of Owners
in a manner not complying with this paragraph.
(b) Garages. No garage shall be permanently enclosed or
converted to another use All Units must be constructed with
garages attached or detached which shall contain at least two
parking places with a minimum of three hundred sixty (360)
square feet of usable space appropriate for the parking of
Permitted Vehicles. All garages must have electric door
openers which shall be maintained in a useful condition and
shall be kept closed when not in use. Garage entrances shall
face toward the side or rear of the Lot wherever possible.
(c) Driveways. Ail improved Lots shall have a paved
driveway constructed of a material approved by, the A.R.C. as
part of the plans and specifications.
7.18 Alterations, Modifications and Maintenance of Exteriors.
An Owner may not cause or permit any alteration, modification,
renovation or reconstruction to be made to the structural compo-
nents, roof, or exterior of his Unit including driveways and park-
ing areas, nor make any additions to the exterior of his Unit in-
cluding the installation of window air conditioners, without the
prior written approval of the A.R.C., except that an Owner shall
maintain, repair and replace the exterior of his Unit and Lot with
materials of the same style, color and of equal or greater quality
as originally constructed in accordance with approved plans and
7.19 Antenna Systems. No television or radio masts, towers,
poles, antennas, aerials, satellite dishes, or similar appurte-
nances shall be erected, constructed, or maintained on the exterior
of any Unit or Lot.
7.20 Declarant's Signs. Signs or billboards may be erected by
7.21 Political Signs. Not more than two (2) political signs
may be erected upon a Lot by the Owner of such Lot advocating the
election of one or more political candidate or the sponsorship of
a political party, issue or proposal provided that such signs shall
not be erected more than 30 days in advance of the election to
which they pertain and are removed within 7 days after the
7.22 Outdoor Drying of Laundry. Outdoor drying of laundry or
other items must be done in areas that are completely screened from
view from the Club Property, adjacent Lots and any street. All
clothes lines or drying racks must be approved in writing by the
A.R.C. No rugs, drapes, or other items shall be hung from any
portion of the exterior of any Unit.
7.23 Club Property. The golf course adjacent to the Property
(identified herein as the Club Property) is not a part of the
Common Areas and is not available for use by residents, guests or
visitors of the Property, unless such persons have registered with
the golf course office and paid all applicable fees. No walking,
bicycle riding, jogging, skating, pet walking or other activities
are permitted on the Club Property at any time.
8.0 Effect Upon Additional Lands. With respect to the Addi-
tional Lands, the provisions of this Declaration are not self-exe-
cuting and shall be of no legal force and effect unless from time
to time extended to all or any portion of the Additional Lands by
a recorded amendment to this Declaration, that declares all or a
part of the Additional Land to be subject to the provisions hereof.
Declarant agrees that all extensions shall be in accordance with
the general plan of development established by this Declaration and
the PUD Ordinance. Declarant or any person to whom Declarant has
assigned its rights to develop the Additional Land may execute and
record such an amendment or amendments without the consent or
joinder of any Owner, Subdivision Declarant, the Association, or
any other Person. The provisions of this Declaration then
automatically shall be extended to the portion of the Additional
Lands described in such amendment and shall run with such lands and
be binding upon all Persons having any right, title or interest
therein, or any part thereof, their respective heirs, successors,
and assigns. Until the foregoing occurs this Declaration does not
constitute an encumbrance or restriction upon the title to all or
any portion of the Additional Lands. If the provisions of this
Declaration have not been so extended to the Additional Lands on or
before fifteen years from the date this Declaration is recorded,
then the Declarant, its successors or assigns shall no longer have
the right to extend the provisions of this Declaration as provided
in this Article.
8.1 Other Extensions. The extension of the provisions of
this Declaration to any lands other than the Additional Lands re-
quires the approval of two-thirds (2/3) of each class of the mem-
bers of the Association. Such extension shall become effective
upon recording an amendment to this Declaration, executed by the
Association and the Owners of all interests in lands to which the
provisions of this Declaration are extended with the formalities
from time to time required for a deed under the laws of the State
(a) Rights of Declarant and Association. Declarant
reserves the right for the Declarant or the Association, following
ten (10) days written notice to the Owner of the Lot specifying a
violation of the Legal Documents, to enter upon any Lot to correct
any violation of the Legal Documents or to take such other action
at the expense of the Owner as Declarant or the Association deems
necessary to enforce these covenants and restrictions. The Owner
of the Lot shall pay Declarant or the Association on demand the
actual cost of such enforcement plus twenty (20%) percent. In the
event that such charges are not paid on demand, the charges shall
bear interest at the maximum legal rate of interest from the date
of demand. Declarant or the Association may, at its option, bring
action at law against the Owner personally obligated to pay the
same, or upon giving the Owner ten (10) days written notice of an
intention to file a claim of lien against a Lot, may file and
foreclose such lien.
(b) Legal Proceedings. The Declarant, the Association,
or the Owner has the right to enforce by any appropriate proceeding
all restrictions, covenants, and easements now or hereafter imposed
by, or pursuant to, the provisions of the Legal Documents. If the
Association or the Declarant is the prevailing party in any
litigation involving the Legal Documents or any of the
Association's Regulations, or if any Owner obtains the enforcement
of any provision of the Legal Documents against any Owner, other
than Declarant or the Association, then such party may recover all
costs and expenses, including reasonable attorneys' fees incurred
in trial and appellate proceedings from such nonprevailing Owner.
In no event may such costs and expenses be recovered against the
Association or Declarant, unless otherwise provided by Law. If the
Association is the prevailing party against any Owner, such costs
and expenses, including reasonable attorneys' fees, may be assessed
against the Owner's Lot, as provided in the Articles entitled
"Covenant for Assessments".
(c) No Waiver. Failure by the Declarant, the
Association or by any Owner to enforce any covenant, restriction,
Regulation will not constitute a waiver of the right to do so at
any time, nor shall such failure to enforce create any liability
for the Declarant or the Association to any Owner or any other
9.1 Term and Renewal. The provisions of this Declaration
shall run with and bind the Property,' and all other lands to which
it may hereafter be extended as provided herein, and shall be
binding on all Persons having any right, title, or interest
therein, their respective heirs, successors, and assigns and shall
inure to the benefit of and be enforceable by the Declarant, the
Association or any Owner, their respective heirs, successors, and
assigns, for a period of 40 years from the date this Declaration is
recorded, whereupon these provisions shall be extended
automatically for successive renewal periods of ten years each,
unless sixty-seven percent (67%) of the then Owners elect not to
reimpose them as evidenced by an instrument executed by such Owners
and recorded during the six months immediately preceding the
beginning of any renewal period.
(a) Declarant. The Declarant reserves and shall have
the right without the joinder or consent of any Owner, the
Association, the holder of any mortgage, lien or other encumbrance
affecting the Property, or ally other Person except the Master
Declarant: (i) to amend this Declaration to comply with any
requirements of a governmental agency, institutional First
Mortgagee, or other Person (including the Federal National Mortgage
Association, Veterans Administration, or the Federal Housing
Authority) willing to make, insure, guaranty, or purchase mortgage
loans secured by a Lot; or (ii) to amend this Declaration or the
other Legal Documents to cure any ambiguity or error or any
inconsistency between these provisions and the other Legal
Documents or the Plat.
(b) Owners. Subject to specific provisions of this
Declaration which shall supersede the provisions of this paragraph,
this Declaration may be amended by the Association with the
formalities from time to time required of a deed under the laws of
the State of Florida and signed by not less than sixty-seven
percent (67%) of all Owners. No amendment shall be effective until
recorded but the Association's proper execution shall entitle it to
public record, notwithstanding the informal execution by the
requisite percentage of Owners.
9.3 Other Approvals. Ail of the following actions require
the prior approval of the Declarant and the Master Declarant (for
so long as Declarant owns any Lots for sale in the ordinary course
of business) and the holders of sixty-seven percent (67%) of the
First Mortgagees within the Property and, as the same may be
required while there is a Class B membership, the Federal Housing
Authority, the Veterans Administration and the United States
Department of Housing and Urban Development: (a) amendment of this
Declaration, except as expressly provided in the Article entitled
Operation and Extension and in subparagraph (a) of the last
preceding paragraph; and (b) alienation or encumbrancing of all or
any portion of the Common Areas; and (c) the merger, consolidation,
or dissolution of the Association; and (d) the annexation of
additional lands or extension of the provisions of this Declaration
to lands other than the Unplatted Lands.
9.4 Reservation of Riqht to Release Restrictions. Subject to
applicable zoning regulations, in each instance where a structure
has beer] erected, or the construction thereof is substantially
advanced, in such a manner that some portion of the structure
encroaches upon any set-back or easement area or the Common Area,
Declarant reserves for itself the right to release the Lot from the
encroachment and to grant an exception to permit the encroachment
by the structure over the set-back or easement area or the Common
Areas without the consent or joinder of any Person irrespective of
who owns the affected lands, so long as Declarant, in the exercise
of its sole discretion, determines that the release or exception
will not materially and adversely affect the health and safety of
Owners, the value of adjacent Lots and the overall appearance of
the Property. Upon granting of an exception to an Owner, tile
exception granted shall be binding upon all subsequent Owners of
the affected Lots.
9.5 Rights of First Mortqaqees. Any First Mortgagee and
insurers or guarantors of First Mortgages have the following
(a) Inspection. During normal business hours, and upon
reasonable notice and in a reasonable manner, to inspect current
copies of the Legal Documents and Regulations and the books,
records, and financial statements of the Association; and
(b) Financial Statements. Upon written request to the
Secretary of the Association, to receive copies of the annual
financial statements for the immediately preceding fiscal year of
the Association, provided, however, the Association may make a
reasonable, uniform charge to defray its cost incurred in providing
such copies; and
(c) Meetings. To designate a representative to attend
all meetings of the membership of the Association, who is entitled
to a reasonable opportunity to be heard in connection with any
business brought before such meeting but in no event entitled to
(d) Notices. By written notice to the Secretary of the
Association, and upon payment to the Association of any reasonable,
uniform annual fee that the Association from time to time may
establish for the purpose of defraying its costs, any First
Mortgagee, insurer, or guarantor of a First Mortgage shall be
entitled to receive any notice that is required to be given to the
Class A members of this Association under any provision of the
Legal Documents. Additionally, any such First Mortgagee, insurer,
or guarantor of a First Mortgage giving written notice to the
Association shall be entitled to written notice of: (i) any
condemnation or casualty loss affecting a material portion of the
Property or any Lot encumbered by its First Mortgage; (ii) any 60
day delinquency in the payment of assessments or charges owed by
the Owner of any Lot encumbered by its First Mortgage; (iii) lapse,
cancellation or material modification of any insurance coverage or
fidelity bond maintained by the Association; and (iv) any proposed
action requiring the consent of a specified percentage of mortgage
9.6 Provisions Inoperative as to Initial Construction.
Nothing contained in this Declaration shall be interpreted, or
enforced to prevent Declarant, or its contractors, subcontractors,
agents, employees, successors or assigns from doing or performing
on all or any part of the Property owned or controlled by
Declarant whatever it or they determine to be necessary,
convenient, or desirable to complete the work. The foregoing
includes the right for Declarant and any Person designated by
Declarant in writing to construct and use signs, construction
trailers, or buildings, model units, design centers, and offices
for sales and resales of Lots.
9.7 Assignment. Declarant may assign to any Person,
including Persons engaged in the business of constructing
improvements on Lots for resale purposes, all or some of the
rights, privileges and exemptions granted herein to developer in
connection with the ownership, use, or development of a portion of
the Property including by way of example the rights, privileges and
exemptions described in paragraph 8.6 hereof. Any such assignment
shall be non-exclusive unless otherwise notes, and shall be
effective only for so long as such right, privilege or exemption
would inure to the benefit of Declarant.
9.8 Severability. Invalidation of any provision of the Legal
Documents by judgment or court order will not affect any other
provision, all of which will remain in full force and effect;
provided, however, any court of competent jurisdiction is hereby
empowered, to the extent practicable, to reform any otherwise
invalid provision contained in the Legal Documents when necessary
to avoid a finding of invalidity while effectuating Declarant's
intent of providing a comprehensive plan for the use, development,
sale, and beneficial enjoyment of the Property.
9.9 Notices. Any notice required to be sent to any Owner, or
the Declarant under the provisions of this Declaration shall be
deemed to have been properly sent when mailed, postage paid, to the
last known address of the person who appears as the Owner on either
the records of the Association or the public records of Duval
County, Florida at the time of such mailing. Notices to the
Association shall be sent in the manner described above to the
registered office of the Association.
IN WITNESS WHEREOF, Declarant has executed this Declaration
the date first stated above.
Signed, sealed and delivered
in the presence of:
GENERAL POWERS AND DUTIES OF
BOARD OF DIRECTORS OF THE ASSOCIATION