LEGAL APPROVAL
RESOLUTION NO. ~9(-/~~
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA; AUTHORIZING
THE RELEASE OF A PERFORMANCE BOND HELD TO
SECURE PERFORMANCE OF INFRASTRUCTURE
IMPROVEMENTS FOR MARINER'S WAY, PROVIDING AN
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WHEREAS, the City commission of the City of Boynton Beach,
7 Florida, has considered the report of the city Administration
8 that all required improvements at the Mariner's Way are in place
9 and that release of the Performance Bond securing those
10 improvements is appropriate; and
11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
12 CITY OF BOYNTON BEACH, FLORIDA, THAT:
section 1.
The City of Boynton Beach, Florida hereby
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14 authorizes the release of the Performance Bond dated February 14,
15 1986 from First Oxford Development corporation as Principal and
16 Southeastern Casualty & Indemnity Ins. Co. to the City of Boynton
17 Beach, a copy of which is attached hereto as Exhibit "A".
Section 2.
This Resolution shall take effect immediately
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upon passage.
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY ,:iF
21 BOYNTON BEACH, FLORIDA THIS ~a
DAY OF /fuaL/Sr , 1991.
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CITY OF BOYNTON BEACH, FLORIDA
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commissioner
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commissioner
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ATTES'l:
rt:A.'"I.M_XLOk..~-,~
~ CITY CLERK
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(CORPORATE SEAL)
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EXHIBIT "A"
Mariner's Way Association, Inc.
1986 Budget
I. Income:
Monthly
Annually
Association Fees
($50 X 32 Units) $1,600.00
$19,200.00
Totals: $1,600.00
$19,200;00
II. Costs:
Monthly
Annually
Electrical 200.00
2,400.00
Water/Sewage 100.00
1,200.00
Landscaping/Lawn Maintenance 300.00
3,600.00
Security 500.00
6,000.00
Recreation Area/Pool 150.00
1,800.00
Docks 50.00
600.00
Legal/Accounting 50.00
600.00
Insurance 100.00
1,200.00
Administrative 100.00
1,200.00
Contigency/Reserve 50.00
600.00
Total: $1,600.00
$19,200.00
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MARINER'S WAY
DECLARATION OF RESTRICTIONS
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DEaARATIOO OF' RESTRICl'IOOS
OF
PREPARED BY,
MICHAEL M, LlSTlcK ESQ
USnCK & STEINER 'p ^ .
616 E. A TUNT!C AvE .
DELRA Y BEACH, FLA. 33444
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MARINER I S WAY
WHEREAS, FIRST OXFORD DE.VEIDPMENl' <XMPANY, a Florida corporation
(hereinafter called "DE.VEIDPER") , is the owner of those certain lands
located in Palm Beach County, Florida, m:>re particularly described in
:Exhibit "A" attached hereto, and
WHERFAS, DE.VEIDPER desires to construct upon said land certain
buildings consisting of separate residential units connected by CCIl'Il"On
walls (i.e. party walls), and
WHEREAS, DE.VEIDPER desires to create a residential canplex consisting
of the various residential units and appJrtenances and amenities and to
provide for the preservation and enhancement of the oanplex as well as the
residential units.
N:M, '.I'HEREroRE, t'~"T OXFORD DE.VEIDPMENl' <XMPANY, a Florida
corporation, the owner of those certain lands in Palm Beach County,
Flori~, IIDre particularly described in Exhibit "A" a~tached hereto, does
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f,\ r~\\}j hereby set forth covenants, restrictions, reservations and servitudes, to
,~ .' be applicable and impressed upon said lands, known or to be known as
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.. MARINER' SWAY, as set forth hereinbelc::.M:
1. DEFINITIONS. As used in this Declaration of Restrictions the
follc::.Ming words have the follc::.Ming meanings:
A. ASSOCIATION means MARINER'S WAY ASSOCIATION, INC., a Florida
corporation not-for-profit, its successors or assigns, the Certificate
of Incorporation and By-Iaws of which are attached hereto, marked
Exhibit "B" and Exhibit "en, respectively, and nade a part hereof.
B. BOARD means the Board of Directors of the ASSOCIATION.
c. DEVE!DPER means FIRST OXFORD DEVEIDPMENl' a:MPANY, a Florida
corporation, its successors or assigns.
D. I.J:Jr means a lot as shown on the Plat of MARINER'S WAY, as
recorded in Plat Book 52, Page 193 of the Public Records of Palm Beach
County, Florida, a copy of which is attached hereto as Site Plan
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Schedule, Schedule One; rm shall also mean any lot sha.rm (Xl any
future replat or resubdivisioo of the property pursuant to said site
plan which is shatm to be a lot on any amendment to the Decl<:tration or
any portioo of the PROJEX:T ARPA.
E. rm ~ or 0iNER means the holder or holders of the fee
s~le title to a rm as herein defined.
F. PERSCN means a person, firm, associatioo, trust or
CX)rporatioo.
G. PROJEX:'l' ARPA means the land described 00 Exhibit "A".
H. SUBDIVISIOO also means the lands described in Exhibit "A".
I. REX:REATION ARFA means the portion of the PIlOJEX:T ARFA ( if
any) (Xl which DEVEIDPER designates as a REX:REATIOO ARFA on Schedule One
hereto in any recorded plat of the PIlOJEX:T ARFA or in any document
executed by DE.VEIDPER and recorded in the Public Records.
J. INSTITOTIONAL IDIDER shall mean any bank, insurance canpany,
federal or state savin:Js and loan associatioo, savings and loan
CX)rporation, real estate investment trust or credit union, FNMA, GNMA,
FHA, Pm.M:, or any entity CCiUaOOaly known as a secondary ~e Market
:u!nder having a first nmtgage lien upon any lot even if it acquired
and holds title thereto as a result of ~oreclosure of any such IlDrtgage
lien or by deed. in lieu of foreclosure. INSTITOTIONAL tamER also
includes any holder of a IlDrtgage given by DEVEIDPER, whether or not
said holder is included in the definition in the foregoing sentence.
Further, as to any IlDrtgage held by DE.VEIDPER on a portion of the
PROJEX:T ARFA, DE.VEIDPER shall be deemed to be an INSTI'l'l11'IONAL :raIDER.
K. PARKIN:; SPACE means those l:nlmotl areas provided by DEVEIDPER
for parking of IlDtor vehicles. On-street parking is prohibited.
L. SJ:l<t;t;l~ means those plblic or private driveways and/or
streets which are indicated on the above referenced Site Plan Schedule,
and which are intended for CCIlIOOn use.
M. a::HI)N ARFA shall include all portions of the PROJEX::T ARFA,
other than (1) arm, (2) land under a residential unit.
N. CANAL FASEMENI' means any portion of the SUBDIVISlOO shatm as
a canal or sul::merged waterway access, on any recorded plat of the
SUBDIVISION .
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o. '!be use of any gender is d~ to include all genders, the
use of the singular includes the plural, and the use of the plural
includes the singular.
2. RESIDPNrIAL USE. All ID.rS in the SUBDIVISION are restricted to
the use of a single family or single-family household unit, and the
appurtenant servants and guests. Only ooe residence building may be blilt
on one IJ:Jr and nobody is to. reside in a trailer or vehicle. No accessory
buildi.ngs may be erected, except u.&wiO(uy-used blildings controlled by the
ASSOCIATION. Ca1structioo and sales sheds or trailers may be placed on a
'IJ:Jr and remain there tenporarily during the course of construction and
sales by DEVEIDPER (or a successor to O!.VEIDPER), otherwise, no portable
buildings or trailers may be placed 00 a IJJr.
No buil.ding shall be enlarged by additions thereto or portions enclosed
unless and until plans for such 'A1Ork shall have been approved in writing by
the ASSOCIATION, which approval shall be at the sole discretion of the
ASSOCIATION. Nothing oontained herein shall prevent the construction of
adjoining multiple-family residential units which are divided by and share
a u.&luiOa party wall located on (or ~oximately 00) a IJ:Jr boundary line.
No blilding shall exceed thirty (30) feet in height measured fran the crown
of the road or S'1'~1' upon which such blilding fronts.
3.
00 TRADE, BUSINESS OR PROFE5SION, EID::.
No trade, l:usiness,
professioo or any other type of cxmnercial activity shall be carried on
upon any IJ:Jr other than the sale of portions of the SUBDIVISION by
DE.VEIDPER.
4. LAWNS, IANDSCAPDG, ~, ~, CU71'HES POLES, HURRICANE
SBt1l'rERS, P~. All portions of a IJ:Jr not occupied by a building,
patio, atrium, walkway, pavement, PARKnG SPACE, or permanent structure
shall be grassed and kept as a lawn or landscaping. No fences, hedges,
trees, shrubbery, or other foms of landscaping shall be installed or
maintained unless the same shall have been first approved in writing by the
~, which approval may be arbitrarily withheld. Outdoor clothes drying
is prohibited, except where not within the view of the public or other
IDl'S. All garbage and trash containers and oil and gas tanks ItUlSt be
placed and maintained as to render the contents thereof hidden fran view
fran adjoining properties. All hurricane shutters shall be of a type
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approVed by the alARD, and no stich shutters shall be installed unless the
same shall be a type approved by the alARD. No sign of any nature
whatsoever shall be erected or displayed within the SUBDIVISIOO except
where express written approval of the size, shape, amtent and location
thereof has been first obtained fran the ~, which approval my be
arbitrarily withheld.
5. RESERVATICNS R:lR !AWN, SPRINKLER SYSTEM AND EXTERIOR BUIID~
~, ETC.
A. Sprinkler System. ~ ASSCX:IATIOO may operate, maintain,
repair and alter a fresh 'llater sprinkler system constructed over ,
through and upon portions of the SOBDIVISIOO (including b.1t not limited
reasonable cost of all required maintenance, alteration and. repairs to
that portion of said sprinkler system lying within and upon a portion
of an CHmR' S IJ::Ir, upon which a residence is not located.
B.
Iawn Maintenance and Spraying.
'!he ASSCX:IATION shall
naintain and care for all lawns, trees and shrubbery wi thin the
portions of the SUBDIVISICN which are wrs, REX::RFATION ARFA (if any)
and/or CXMwI::N ARFA. Accordingly, there is hereby reserved in favor of
the ,ASSCX:IATICN the right to enter over, through and upon any such
portions of the SUBDIVISICN for the purpose of maintaining and caring
for the lawns, shrubbery and trees located thereon. E'ach CMNER of a
IJ::Ir in the SUBDIVISION is hereby made liable to the ASSCX:IATION for a
prorata share, as hereinafter set forth, of the reasonable cost of all
such maintenance and care fran tine to time, performed by the
ASSCX:IATION .
"Maintenance and care" wi thin the neaning of this
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form of shrubbery, b1shes, flowers, trees, etc., (Xl portiCX1S of IOrS
not occupied by the residence, at a IDr eRma'S expense, provided that
it is agreed that such cq::proval can be revoked by the Jnl\RI) at any time
and for any reason and provided that said planting and landscaping does
not interfere with or oonflict with the maintenance and landscaping
done by the ASSOCIATION.
c. Seawall and Exterior aulding Maintenance and Repair. Except
as limited herein, the exterior of all residential b1ildings,
~CN ARFA (if any) iuprovements, walls and 'fences in the
SUBDIVISICN and all seawalls, boat docks and l:W.kheads shall be
maintained and repaired on a periodic basis by the ASSOCIATICN. '!here
is hereby reserved in favor of the ASSOCIATION the right to enter. upon
all of the portions of the SUBDIVISICN, including residential
mildings, for the purpose of conducting a periodic program of exterior
painting and seawall or dock repair, which shall include, mt shall not
be limited to, repainting of exterior walls, shutters, fences, trim~
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gutters, eaves, downspouts, roofs, or any portion of the foregoing, as
well as caulking and rebuilding seawalls and boat docks. '!he
repainting, maintenance and repair of doors, windows and roofs are the
primary responsibli ty of the respective !Dr CMNERS, l1ar.eTer, should a
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I.J:Jr CMNER fail to perfonn this obligation to the same standard as the
quality of the SUBDIVISION, then ASSOCIATION shall have the right to
enter the I.J:Jr and charge the I.J:Jr CMNER with the cost of same, with lien
rights as described herein. 'D1e times when such uaintenance and repair
shall be perfoJ:IDed and the extent thereof shall be deteanined by the
E()ARD in its sole discretion. '!he CHmR of each IJ:Jr on which there is
a oc:apleted residence is hereby made liable to the ASSOCIATICN for a
prorata share, as hereinafter set forth, of the reasonable cost of the
OODduct of such periodic llI!li.ntenance and repair fran time to time
performed by the ASSOCIATION. '!he ASSOCIATION shall not be responsible
for repairing or replacing a 1::uilding or structure which in the B)ARI)' S
opinion shall have been destroyed, nor shall the ASSOCIATICN be
responsible for:
(1) repairs beneath the exterior surfaces of
blildings, (2) air-caXiitioning systems for residential buildings, (3 )
the CIiNER rather than the ASSOCIATION shall be responsible to repair
and maintain that portion of the water, sewer and electrical systems
which are utilized only by said CMNER and located between the residence
and the point of connection to the ~ooly-used laterals (including
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individual meters, if any), (4) roof repairs, all such repairs being
the responsibility of the IDr CMNER. No alteration, m:Xlification or construction to any residential 1::uilding on any I.J:Jr shall be nade
without the written consent of the ASSOCIATION, which consent may be
arbitarily withheld.
D. Streets and Private Read and Driveways. Except to the extent
dedications are made to the public and/or public agencies shall have an
obligation, the ASSOCIATION shall be responsible for the maintenance
and repair of all STREETS, sidewalks and driveways, PARKnG SPACES,
REX:REATION AREA ( if any), sul::merged area of a CANAL FAS!MENl' and
seawalls and boat docks, and the ~ AREA, and there is hereby
reserved in favor of the ASSOCIATION the right to enter upon said lards
for such purposes. '!he ~ of all IDTS in the SUBDIVISION are
hereby made liable to the ASSOCIATION for a prorata share as
hereinafter set forth, of the reasonable cost of all such maintenance
and repair.
E. Insurance en the <DH)N AREA and REX:REATION AREA (if any).
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'D1e ASSOCIATIOO shall plrchase insurance policies (except ti tie
insurance) upon the a:HDl ARFA, REOmATIOO ARFA (if any), PARIUm ARFA
and ~.L~.L~ (private and public) and the named insured shall be the
ASSOCIATION, individually and as agent for the IDr 0iNERS, without
naming them and their IlDrtgagees. Insurance (Xl decks and seawals shall
be purchased CX1ly as the ~ shall determine the same to be
necessary .
Such policies shall provide that payments for losses
thereunder by the insurer shall be 118de to the ASSOCIATIOO and all
policies and endorsements shall be deposited with the ASSOCIATIOO. IDr
<liNERS shall obtain insurance c::overage at their own expense upon their
own residential b1ildinq, upon their IDr, their party wall, and upon
their own personal property and for their personal. liability and living
expense. '!be B)ARD shall determine annually the extent of insurance
coverage to be purchased by the ASSOCIATION, which coverage shall
afford protection against vamalism and malicious mischief, public
liability in such ancunts and with such coverage as shall be required
by the B)ARD, including hired autalCbile and nonowner autalDbile
coverages, wi th cross-liability endorsements to cover liabili ties of
IDr CHmRS as a group to a IDr aiNER1 workmen's ~ti(Xl to meet
the requirements of' law, direqtor's liability insurance, and such other
insurance as the ~ shall determine fran time to time. Praniums
upon insurance policies purchased by the ASSOCIATIOO shall be paid by
the CR1ERS of ID1'S and each <l4NER of a IDr is hereby 118de liable to the
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ASSOCIATIOO for a prorata share, as hereinafter set forth, of the cost
of all insurance. 'D1e B:lARD may assess the CliNER of each IDr equally
to provide sufficient funds to ~lete any necessary reconstruction
and repair 1 and each CHmR of a IDr is hereby made liable to the
ASSOCIATION for any such assessment. Provided, however, that any IDr
CHmR who damages any ~lW;)&llY-used inprovements in the SUBDIVISION may
be charged for the repair of same even though ASSOCIATION shall have
the right to contract for the repair.
F. AnY area for 0CI1mXl use shall be subject to the control,
direction and operation of ASSOCIATION and all costs shall be paid by
the IDr 0iNEBS in their prorata share, as hereinafter set forth.
G. Capital Improvements. After the initial improvements are
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provided by DE.VEIDPER, funds necessary for capital ~ts
relating to aMtJN AREAS, PARKIN:; SPACES, REX:RFATIOO ARFA ( if any),
S.r1<J:sl!i~$, sidewalks, docks and seawalls, etc., may be levied by the
ASSOCIATION as special assessments. Each r.or CHmR is hereby made
liable to pay his prorata share, as defined hereinafter, of such
special assessments.
H. Public Utility ~~ts. An easement is hereby reserved in,
to, over, upon and across each and every portion of the SUBDIVISICN,
including I.Ol'S, ~ ARFA, S~~S, REX:RFATICN ARFA (if any), CANAL
F.ASEM!NT, PARKIN:; SPACES, and party walls, for the purpose of
constructing and maint.ai.ning thereupon such facilities as may. be
necessary to furnish public utilities to any tu.t.ldings or other
iDprovements erected .upon any r.or, ~ ARFA, RB:RFATICN ARfA (if
any) or PARlCnG SPACE, and to such inprovements as my be constructed
and naintained frail time to time thereon. PR)Il]J)ID, 1DmVER, that said
utility lines and _ins shall not be installed wi thin any r.or so as to
interfere with the construction of any private dwelling or improvements
thereon .
I. COtm::x1 walls. '!he ~'.'Il.-.n walls shared by r.or CMNERS and
located in the vicinity of the r.or boondary line shall be party walls
for the perpetual benefit of and use by the r.or aiNER, including his
heirs, assigns, successors and grantees, of each such residential unit.
In the event of damage or destruction of the party walls fran
any cause whatsoever, other than the negligence or willful misconduct
of only one of the r.or C'NmRS, the r.or <HmRS using the party wall
shall, at their joint expense, repair and rebuild said wall (s) and each
wr aiNER shall have the right to full use as herein contained of said
wall(s) repaired or rebuilt. In the event it shall becaDe necessary or
desirable to perform maintenance upon the whole or any part of the
party walls, such expense shall be shared equally by the IJ:1r aiNERS of
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the adjoining units or their successors in ti tie. Whenever any such
wall or any part thereof shall be rebuilt, it shall be erected in the
same manner and at the same location where it shall initially be
constructed, and shall be of the same size and. of the same or similar
materials and. of equal quality. Provided, that if such mintenance,
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repair or construction is brought about solely by the neglect or the
willful misconduct of one (l) r.m CRmR, any expense incidental thereto
shall be borne solely by such wrongdoer. If a r.m CRmR shall refuse
to pay his share (part or all of such cost in the case of negligence or
willful misconduct), any other r.m CRmR or the ASSOCIATION may have
such wall repaired or reconstructed am shall be entitled to a lien en
the r.m of the r.m CRmR so failing to pay for the anomt of such
defaulting IJ::Ir <HmR' S share of the repair or replacement. If a IJ::Ir
<HmR shall give, or shall have given, a IIDrt.gaqe or ~aqes upon his
unit, then the IIDrtgagee shall have the full right at his option to
exercise the rights of his IIDrtgagor as an CHmR hereunder am, in
addition, the right to add to the outstanding balance of such ucrtga.qe
any aJDJUnts paid by the ucrtga.qee for repairs hereunder am not
reimb1rsed to said IIDrtgaqee by the r.m <ltiERS. If a IJ::Ir CHmR shall
cease to use the wall as a party wall, he shall be deemed to have
abandoned all rights thereto, and the wall shall LecClue the property of
the adjacent IJ::Ir CNmR who shall have an ~~t upon the land under
the wall so long as the wall shall be used by him. Any IJ::Ir <liNER
rem::wing his iDprovements fran the party wall or making use of the
party wall shall do so in such lIBMer as to preserve all right of the
adjacent IJ::Ir <HmR in the wall, and shall save the adjacent IJ::Ir CRmR
harmless fran all damage caused thereby to iDprovements then existing.
In the event repairs or reconstruction shall be necessary, all
necessary entries on the adjacent IJ::Ir shall not be deemed a trespass so
long as the repairs and reconstruction shall be done in a workmanline
manner, am consent is hereby given to enter on the adjacent IJ::Ir am
residence thereon to effect necessary repairs am reconstruction.
'!he CRmR of any IJ::Ir sharing a party wall with the adjoining
IJ::Ir CNmR shall not possess the right to cut wind<:7tlS or other openings
in the party wall, nor make any alterations, additions or structural
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changes in the party wall.
'!he CRmR of any !Dr shall have the right to full use of said
party walls for whatever purposes he chooses to E!l1ploy subject to the
limitation that such use shall not infringe on the rights of the <:liNER
of an adjoining unit or his enjoyment of said walls or in any manner
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remain a p!lrty wall for the perpetual use and benefit of the respective
OWNERS thereof, their heirs, assigns, suecessors and grantees, said
IDTS being conveyed subject to this condition, and this condition shall
be construed to be a covenant running with the land.
J. Mariner's way Association, Inc. In the event any recorded
plat en~sing the SUBDIVISIOO shall require Mariner's way
Association, Ine. to act as an owner's association to aintain
-~ts, water areas, drainage areas, green areas, swales, S'lREETS,
roads, entranceways and the like, Mariner's way Association, Ine. shall
Wldertake all such activities, if any are established, fran tiIre to
tiIre. Said ASSOCIATIOO shall specifically undertake to perform any
such obligations set forth on any plat of the SUBDIVISION which are
~ by Palm Beach County, Florida, or the City of Boynton Beach,
Florida, and 00 change, alteration or abrogation of said obligations
shall be made without the consent of said governmental agency. Each
IDr CX4NER shall be liable to p!ly his prorata share of any reasonable
expenses of ASSOCIATION with respect to said obligations and in the
event the ASSOCIATIOO shall be dissolved, each IDr CX4NER shall continue
to be responsible for his prorata share of said expenses until such
awropriate qovernmental agency shall agree to the contrary.
K. ('.nnTI)rUty Standards. All portions of any IDr, b1i.1ding
exterior, or other item in the PROJ1!X:T ARFA which is to be maintained,
repaired or kept at the expense of the individual IDr 0iNER shall be so
maintained, repaired and kept to the same quality as the rest of the
SUBDIVISION to avoid unsightliness, loss of value and i.Irq;>a.inoent of use
as to the individual I1:1r CHmR and other I1:1r aiNERS. In the event a
I1:1r CX4NER shall fail or refuse to aintain, rep!lir or keep his IDr or
any improvements thereon in accordance wi th the standards of the
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camunity described herein, the ASSOCIATION (acting through the OOARI))
shall have the right to enter upon the r.m and correct the concH tion,
wi th the cost thereof being assessed and charged as a lien against said
I1:1r in the manner described herein.
L.
CamDn utility Service.
In the event govermnental
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authorities or utility service crwrpnies shall proV'ide water,
electricity, sewer, trash, garbage or other services for private
residential use, l::ut the billing and metering of same shall be in
\o'U&uon with other UJr CMNERS, the ClOSt of such item and payment of the
1lI.1ltiple-unit bill shall be shared equitably by the UJr CliNERS included
in said bill, and payment of said bill shall be determined on an
Requitable estimated basisR. '!he bills shall be forwarded to the
ASSOCIATICN which shall collect fran each CIiNER included in that bill,
an -equitable estimated portionR of any deposit or use charges. '!be
Requitable estimated portionR shall be determined by obtaining (fran
time, to time as the ASSOCIATICN shall deem reasonable, rot not
necessarily JlI)re often than annually) an approximate estimate of
typical usage for each size and type of residence sharing a particular
meter or included in said bill (presuming normal year-round occupancy
for each unit type regardless of the actual time of occupying or actual
nurnl:)Ar of oc:c:upapts). Fach UJr CRmR sharing a meter or O:-lI','.rxlly
included in a bill shall pay his prO{X)rtionate share of each such bill
and deposit based 00 his type of unit's proportionate share of
estimated typical usage CXDpared to that of all units included in such
bill. '!he ASSOCIATICN shall collect each UJr CMNER'S share of ~
bills as an addi tioo to assesllllNl'l'1ts and shall have the right to a lien
against a delinquent IDr CIiNER as described herein. as to any
assessnvent. 'lhe proV'isioos of this paragraph shall not apply to items
which are separately metered or charged ooly to the one unit rot
applies only to individual unit usage which are metered or billed with
other units.
6. ASSOCIATICN MEMBERSHIP.
A. Each UJr CMNER shall autaDatically becane a member of the
ASSOCIATICN upon acquiring record title to any wr. In addition, the
D!.VEIDPER or any successor to DE.VEI.OPER' S title, as record owner of
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IDl'S, shall be deemed to own that number of memberships which is equal
to the number of its IDl'S. said membership shall be appurtenant to and
may not be separated fran ownership of any UJr. When mre than one
person holds an interest in any IDr all such persons shall be members,
~, there shall be ooly one vote for each wr, said vote to be
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exercised as' they am:X19 themselves deteJ:mine, as evidenced by a
certificate signed by all the record amers designating which member
shall be entitled to vote for said IDr.
In the event such a
certificate is not on file with the ASSOCIATION, no vote for said IDr
shall be cast. Anything to the contrary notwithstanding, any IDr amed
jointly by husband and wife my exercise the vote without a certificate
so long as the ASSOCIATION has not been advised by either spouse to the
contrary . Merobership in the ASSOCIATION shall also include such other
persons hereinafter declared by the DEVEIDPER to be meniJers, subject to
the same rights and obligatiCX1S as herein set forth:
(1) Class A. Class A IDelJIi)ers shall consist of all the members
declared to be members, as hereinabove provided, excepting
the DEVEIDPER.
(2) Class B. 'lhe Class B member shall be the DEVEIDPER, its
successors or assigns. So long as there shall be a Class B
~r, said member shall have' the exclusive power to elect
the directors, which directors shall exercise all the powers
of the ASSOCIATION. 'lhe Class B membership shall cease and
all powers and duties of the ASSOCIATION shall be exercised
by the Class A members upon the haR;leOing of either of the
follc::Ming events, whichever first occurs:
(a) ~r 31, 19927
(b) Upon filing in the Public Records of Palm Beach COOnty,
Florida, of a resignation of the Class B member fran
membership 7
(c) Wi thin me hundred eighty (180) days after the DE.VEIDPER
has CClt'pleted construction of all proposed units in the
PROJECT ARFA, and sold all units.
7. LIEN IN FAVOR OF THE ASSOCIATION. 'lhe ASSOCIATION shall have a
lien on each IDr in the SUBDIVISION for any unpaid assessment made by the
..D ASSOCIATION for the plrpOSe of permitting the ASSOCIATION to perform the
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-t several services arid obligations conferred upon it hereunder or to maintain
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c.. oamuni ty standards described in Paragraph 5-K or any other obligation,
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incurred by the ~ON incident to the collectioo of said unpaid
assessment or enforcement of such lien (including appeals). SUch lien
shall be effective fran and after the time of recording in the Public
Records of Palm Beach County, Florida, of a claim of lien stating the
description of the r.or, the naue of the record owner, the ano.mt due and
date when due, and the lien shalloontinue in effect until all sums secured
by the lien shall have been fully paid. SUch liens shall bear interest at
the rate of eighteen percent (18%) per annum fran date of recording until
-paid. Except for interest and attorney's fees incident to collection and
enforcement, such claims of lien shall include cnly the unpaid assessments
which are due and payable to the ~CN when the claim of lien is
recorded.
Upon full payment, the r.or CRmR shall be entitled to a
recordable satisfaction of lien. All such liens shall be subordinate to
the lien of a DDrtgage or other lien of an INSTrIUl'I~ LEN:>ER recorded
prior to the time of recording of the clcdm of lien, and in the event the
holder of a prior iNsTrruTICNAL tEN)ER'S DDrtqaqe or lien shall accept and
record a deed in lieu of foreclosure, the recording of said deed in lieu of
foreclosure or Certificate of Title shall operate to release the
~CN' S subordinate claim of lien.
Such liens my be foreclosed by suit brought in the naue of the
~CN in like mumer as a foreclosure of a DDrtgage <Xl real property.
In any such foreclosure the r.or CRmR shall be required to pay a reasooable
rental for the r.or, and the ~CN shall be entitled to the
appointment of a receiver to collect the sane or' protect the ASSOCIATION'S
interest.
8.
CXNl'INUATION OF LIEN.
Fach r.or shall be subject to the
obligations and liens set forth in this Declaration of Restrictions so long
as this Declaration of Restrictions shall remain in effect, even though the
improvements thereon my be destroyed by any cause.
9. PRORATA SHARE DEFINED. In order that all buildings, structures,
and improvements within the SUBDIVISION my be mintained to an equally
high degree by one organization, and in order that the cost of such
mintenance my be kept low through bulk contracting, the ASSOCIATION has
been incorporated to provide naintenance services for those ID'l'S, <nM:)N
ARFAS, PARKIN:; SPACES, REX:RFATION AREA ( if any) , easements, CANAL
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FASEMENl'S, ::;'U'(l!iti.l'S, and the like. '!he prorata share of each UJr is the
fraction obtained by making nonen the numerator and the number of ID1'S upon
which there is a constructed residence thereon, as the denaninator. '!he
obligatioo to pay a prorata share shall u.uu.eace as of the day of the
closing of the sale of the first Il1r by DEVEWPER with a constructed
residence thereon, however, DEVEWPER shall have the right to waive the
obligatioo for the first sixty (60) days after closing of the first
residence. DEVEIOPER reserves the right not to construct a residence on
each I!'f, thereby reducing the number of wr ~ paying a prorata share.
OE.VEIDPER (or any successor to OE.VEWPER) shall not be charged a prorata
share for ID1'S until there is a c::::cnpleted constructed residence thereon,
except that DE.VEI.DPER aqrees that sixty (60) days after the first unit is
sold and closed, if there are not yet four (4) IDl'S paying a prorata share,
m.vEtDPER shall 00 a Dalth-to-m:x1th basis oontriblte to the ASSOCIATIOO an
anomt for each vacant wr CM1ed by DE.VEI.DPER equal to ooe-tenth (1/10) of
the anomt paid by a wr CIiNER with a constructed residence. DE.VEI.DPER
shall have the right to increase the number of wrs by filing an Amendment
to add all or a partioo of adjoining lands to the PROJB:T ARFA.
10.
The undivided
RESTRIcrIOO CN 'mANSFER OF FRACTIOOAL nrJ:~"T.
fractional interest in the ASSOCIATIOO, REX::REATIOO ARFA (if any), CDH>N
ARFA, and the like held by each wr CRmR shall be transferable only in
connection with the transfer" of each such <liNER'S wr. No leasehold
interest in said REX::REATIOO ARFA (if any), CXJM::N ARFA and the like nay be '
acquired separate and apart fran a . transaction by which a PERSON shall
acquire the entire fee interest in a wr. No I1Dre than such fractional
interest my be held with respect to the fee ownership of one wr. The
transfer of a wr by an instrument which fails to make reference to that
UJr'S undivided fractional interest in said area shall be effective to
transfer said undivided interest.
11. FASEMENl'S IN FAVOR OF UJr CRmRS. Fasements of ingress and egress
are hereby iIrpressed over, through and upon the a::J.H)N AREAS, RECREATION
ARFA (if any), easements, STREE:l'S, walkways and driveways, as laid out fran
time to time for ingress and egress for pedestrian and vehicular traffic
for use in CuluUl with all members, UJr CNmRS, including their tenants,
agents, servants or invitees.
'Ibis shall also include easements for
navigation in the sul:merged lands in the ~ ARFA and CANAL FASEMENl'S.
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12. R!STRICrION ON 'DUmSFER. OF IMP10lED wrs. In order to maintain a
OOTfI1I11\ity of congenial residents who are financially responsible and thus
protect the value of IDl'S, the transfer of wrs by any eHlER other than
DE.VEWPER shall be subject to the following provisions, which provisions
each IJ:1r eHlER cxwenants to observe:
A. Transfer SUbject to Approval.
(1) Sale or tease. No IJ:1r eHlER may dispose of a IJ:1r or any
interest therein by sale or lease without approval of the
ASSOCIATION except to another IJ:1r eHlER.
(2) Gift, Devise or Inheritance. If any IJ:1r (JqNER shall acquire
his title by gift, devise or inheritance, the continuance of
his ownership of his IJ:1r shall be subject to the approval of
the ASSOCIATION.
(3) Other Transfers. If any IJ:1r CJiNER shall acquire his title by
a manner not heretofore considered in the foregoing
subparagraphs, the continuance of his ownership of his IJ:1r
shall be subject to the approval of the ASSOCIATION.
B. AI;:proval by ASSOCIATION. '!he approval of the ASSOCIATIOO
which is required for the transfer of ownership of wrs shall be
obtained in the following manner:
(1) Notice to ASSOCIATION.
(a) sale. A IJ:1r eHlER intending to make a bona fide sale of
his IJ:1r or any interest therein shall give the
ASSOCIATION notice of such intention, together with the
name and address of the intended plrchaser and such
other infor:matioo ooncerning the intended plrchaser as
the ASSOCIATION may reasonably require. Such notice at
the IJ:1r <HmR I S option may include a demand by the
improved IJ:1r aiNER that the ASSOCIATION furnish a
plrchaser, if the proposed plrchaser is not approved 7
and if such demand is made the notice shall be
accc::apmied by an executed copy of the proposed contract
to sell.
(b) Lease. A I.I:1r <HmR intending to make a bona fide lease
of his IJ:1r or any interest therein shall give to the
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ASSOCIATIOO notice of such intention, together with the
name and address of the intended lessee, such other
information concerning the intended lessee as the
ASSOCIATIOO uay reasonably require, and an executed copy
of the proposed lease.
(c) Gift, Devise or InheritanceJ Other Transfers. A rJ:Jr
CMmR who has obtained his ti tle by gift, devise or
inheritance, or by any other manner not heretofore
considered, shall give to the ASSOCIATIOO notice of the
acquiring of his title together with such information
concerninq the rJ:Jr CMNER as the ASSOCIATIOO uay
reasonably require, and a certified copy of the
instrument evidenCing' CliNER IS title.
(d) Failure to Give Notice.
'If the notice to the
ASSOCIATIOO herein required is not given, then any time
after receiving knowledge of a transaction or event
transferring' ownership or possession of any IJ:Jr, the
ASSOCIATIOO at its election and without notice, uay
approve or diSClR?rove the transaction or ownership. If
the ASSOCIATIOO disapproves the transaction or
ownership, the ASSOCIATIOO shall proceed as if it had
received the required notice on the date of such
diSClR?roval.
( 2 ) Certificate of Al;:proval.
(a) Sale.
If the proposed transaction is a sale, then
wi thin thirty (30) days after receipt of such notice and
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information the ASSOCIATION 1tIlSt either approve or
disapprove the proposed transaction. If approved, the
approval shall be stated in a certificate executed by
the President or Secretary in recordable form and shall
be delivered to the purchaser and shall be recorded in
the Public Records of Palm Beach County, Florida, at the
expense of the purchaser.
(b) Lease. If the proposed transaction is a lease, then
wi thin thirty (30) days after receipt of such notice and
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information the ASSOCIATIOO DIlSt either approve or
disaWrove the proposed transaction. If approved, the
approval shall be stated in a certificate executed by
the President or Secretary in recordable fonn, which at
the electioo of the ASSOCIATION shall be delivered to
the lessee or shall be recorded in the Public Records of
Palm Beach Camty, Florida, at the expense of lessee.
(c) Gift, Devise or Inheritance~ Other Transfers. If the
wr (JqNER giving notice has acquired his title by gift,
devise or inheritance, or in any other manner, then
wi thin thirty (30) days after receipt of such notice and
informatioo, the ASSOCIATIOO nust either approve or
disapprove the continuance of the wr CMNER' S ownership
of his inproved wr. If approved, the ~oval shall be
stated in a certificate executed by the President or
Secretary in recordable fonn and shall be delivered to
the IDr CNmR and shall be recorded in the Public
Records of Palm Beach Camty, Florida, at the expense of
the IDr CIiNER.
(3 ) A{:proval of Corporate or Trust Owner or Purchaser. :Inasnuch
as the IDl'S in the SUBDIVISION my be used for residential
purposes, and a corporation or trust cannot occupy a IDr for
such use, if the rm CMNER or plrchaser of a IDr is a
corporation or trust, the awroval of ownership by the
corporation or trust may be considered upon requiring that
all persons occupying the IDr be also approved by the
ASSOCIATIOO .
c.
Disapproval by ASSOCIATION.
If the ASSOCIATION shall
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disapprove a transfer of ownership of a I.I:1r, the matter shall be
disposed of in the following lIBMer:
(1) Sale.o If the proposed transaction is a sale and if the
notice of sale given by the I.I:1r 0iNER shall so demand, then
wi thin thirty (30) days after receipt of such notice and
information, the ASSOCIATION shall deliver or mail by
certified mail to the I.I:1r OOWER an agreement to plrchase by a
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purchaser approved" by the ASSOCIATIOO who will purchase and
to whan the wr CHmR DUSt sell the wr upon the following
texms :
(a) At the optioo of the purchaser to be stated in the
agreement, the price to be paid shall be that stated in
the disapproved contract to sell, or shall be the fair
market value determined by arbitration in accordance
with the then existing rules of the Anerican Arbitration
Association, except that the arbitrators shall be two
(2) awraisers a{:P)inted by the Anerican Arbitration
Associatioo who shall base their d.eteJ:minations upon. an
average of their appraisals of the wri and a judgment
of specific perfomance of the sale upon the .award
rendered by the arbitrators may be entered in any court
of UAllJ?etent jurisdictioo.
'!he expense of the
arbitration shall be paid by the purchaser.
(b) ']he purchase price shall be paid in cash.
(c) '!he sale shall be closed within thirty (30) days after
the delivery or DBilinq of said agreement to purchase,
or wi thin ten (10) days after the d.eteJ:mination of the
sale 'price if such is by arbitration, whichever is the
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(d) A certificate of the ASSOCIATIOO executed by its
President or Secretary and approving the purchaser shall
be recorded in the Public Records of Palm Beach COunty,
Florida, at the expense of purchaser.
(e) If the ASSOCIATIOO shall fail to provide a purchaser
upon the denand of the wr CHmR in the manner provided,
or if a purchaser furnished by the ASSOCIATIOO shall
default in his agreement to purchase, then notwi thstand-
ing the disapproval, the proposed transaction shall be
deemed to have been approved and the ASSOCIATION shall
furnish a certificate of approval as elsewhere provided
which shall be recorded in the Public Records of Palm
Beach COunty, Florida, at the expense of the purchaser.
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(2) Is1se. If the proposed transactiCX1 is a lease, the !Dr <:liNER
shall be advised of the disapproval in writing, and the lease
shall not be made.
(3) Gift, Devise or Inheritance~ Other Transfers. If the !Dr
CMNER giving notice has acquired his tiUe by gift, devise or
inheritance, or in any other manner, then within thirty (30)
days after receipt fran the IDr CHmR of the notice and
information required to be furnished, the ASSOCIATIOO shall
deliver or mail by certified mail to the IDr CMNER an
agreement to purchase by a PJI'chaser approved by the
ASSOCIATIOO who will PJI'chase and to whan the IDr CMNER nust
sell the IDr CX1 the follOOng terms:
(a) '!be sale price shall be the fair market value determined
by agreement between seller and purchaser wi thin thirty
(30) days fran the delivery or mailing of such
agreement, and in the absence of such agreement by
arbitratiCX1 in accordance with the then existing rules
of the American Arbitration AssociatiCX1, except that the
arbitrators shall be two (2) appraisers appointed by the
American ArbitratiCX1 Association who shall base their
determinatiCX1 upon an average of their appraisals of the
!Dr; and a judgment of specific performance of the sale
upon the award rendered by the arbitrators may be
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entered in any court of oanpetent jurisdiction. '!be
expense of the arbitration shall be paid by the
purchaser .
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(b) '!be purchase price shall be paid in cash.
(c) '!be sale shall be closed within ten (10) days following
the determinatiCX1 of the sale price.
(d) A certificate of the ASSOCIATION executed by its
President or Secretary and approving the PJI'chaser shall
be recorded in the Public Records of Palm Beach County,
Florida, at the expense of purchaser.
(e) If the ASSOCIATIOO shall fail to provide a purchaser as
herein required, or if a purchaser furnished by the
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ASSOCIATION shall default in his agreement to purchase,
then notwi thstanding the disapproval, such ownership
shall be deemed to have been approved and the
ASSOCIATION shall furnish a certificate of approval as
elsewhere provided, which shall be recorded in the
Public Records of Palm Beach COUnty, Florida, at the
expense of the UJr CMNER.
D. MJrtgage. No UJr <liNER may IlDrt.gage his UJr or any interest
therein without the approval of the ASSOCIATION, except to an
INSTI'lUl'IONAL IDmER (or a persoo d~ to be an INSTI'lUl'IONAL tamER)
as defined herein. '!he approval or any other IlDrtgagee may be upon
conditions determined by both the ASSOCIATION and the UJr CMNER, or may
be arbitrarily withheld.
E. Exceptions .
(1) '!he foregoing provisions of this Paragraph 12 shall not apply
to a transfer to an INSTI'lUl'IONAL IDmER (including a person
deemed to be an INSTI'lUl'IONAL IDmER), which acquired its
title as the result of owning a IlDrt.gage upon the UJr
concerned. 'lhis shall be so whether the title is acquired by
deed fran the I'lDrtgagor or through foreclosure proceed; ngs;
nor shall such provisi<X1S apply to a transfer, sale or lease
by such INSTI'lUl'IONAL ImqDER (or a person deemed to be an
INSTI'lUl'IONAL IaIDER) which so acquires its title. Neither
shall such provisions require the approval of a purchaser who
acquires the ti tie to a UJr at a duly-advertised plblic sale
with open bidding which is provided by law, such as l::ut not
limited to execution of sale, foreclosure sale, judicial sale
or tax sale.
(2) 'lhe foregoing provisions of this Paragraph 12 shall be
inapplicable to the DE.VEIDPER.
'lhe said DE.VEIDPER is
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irrevocably eDpJWered to sell, lease, rent and/or llDrtgage
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IOl'S, parcels or units, and portions thereof, to any
plrchaser, lessee or IlDrtgagee approved by it, and the
DE.VEIDPER shall have the right to transact any bJsiness
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necessary to consumrate sales or rentals of IOl'S, or portions
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thereof, includi.nq' but not limited to the right to maintain
IOOde 1 s , have signs, use the CDM)N AREAS, use the mx::RFATICN
ARFA (if any), parking area, use of PARKIM; SPACES, to show
units, etc.
'!he sales office(s), signs and all items
pertaining to sales shall not be considered subject to those
restrictiCX1S and shall remain the property of the ~PER.
(3) It is intended that at sane future date DE.VEIDPER shall
cause all areas in the SUBDIVISION which it owns after sale
of all wrs to be quit-clai.med to ASSOCIATIOO.
F. Unauthorized Transactions. Any sale, mrtgage or lease which
is not authorized pmmant to the terms of this Declaration shall be
void unless subsequently approved by the ASSOCIATICN.
13.
ARCHITEX:TCRAL CXNl'ROL.
For the purpose of insuring the
deve1opoent of the SUBDlVISICN as an area of high standards, there is
hereby reserved to the ASSOCIATICN the right and power to control the type,
kind and character of the buildi.nc:js, walls, fences. or other structure
(Cl'I"ed .structure.) to be placed upon the SUBDIVISIOO. 'Ihe amER or
occupancy of each T.J:1r, by acceptance of title thereto, shall not permit a
structure of any kind to be placed, erected or altered thereon unless and
until the plot plans and plans and specifications thereof have been
sutmi.tted to and approved by the B:WU) before any construction is begun.
'Ihe B)AR[) shall have the ~ ' and it shall be the duty thereof, to
approve or disapprove the plot plans and plans and specifications of any
structure to be erected or structurally altered within the SUBDIVISlOO. In
the exercise of its power and the performance of its duties, the OOARD
shall give due consideration to the characteristics of the SUBDIVISIOO as a
residential camunity and the ability of any proposed structures to
harIoonize with that concept. '!he s:>ARD shall be permitted to employ
aesthetic values in naking its determination. Nothing contained in this
paragraph shall be applicable to the DE.VEIDPER.
14. ~. '!his Declaraton of Restrictions and the restrictions
and requirements contained herein uay be enforced by an action at law or in
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N equity by any !Dr aiNER.
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15. INVALIDI'l'Y CIAIJSE. Invcilidation of anyone of these covenants by
a court of CXltp!tent jurisdiction shall in no way affect any of the other
covenants, which shall remain in full force and effect.
16. ASSOCIATION 10 AOOPr RULES AND REGUIATIONS. '!he ASSOCIATION shall
have the ~, through its S)ARD, to adopt reasonable rules and regula-
tions respecting the use and enjoyment of any mMJN AREA, P~ SPACES,
REX::RFATION AREA, CANAL FAS&1ENl'S, including b.1t not limited to (a) use of
such lands for recreation purposes, (b) the control of traffic in the
SUBDIVISION, (c) leases of less than six (6) l1Dlths duration, and (d)
Children under the age of twelve (12) years, and pets, provided that no
regulation of children shall apply to any rJ:1r CMNER that purchased fran
DEVEI.DPER and no regulation regarding pets or boats shall require a
specific CRmR,' S pet or boat to be forbidden once that specific pet or boat
is previously allowed (except if there was a specific oondition to the
allowance of a pet or boat).
17. ASSIGNED PARKIN:; SPACES. '!he IDr <HmR that arms a particular
PARKDG SPACE shall have the exclusive right to use of any paved PARKIN3
SPACES located within his or her rJ:1r. Assiqmnent of a carm:>n PARKDG SPACE
for exclusive use of a rJ:1r ~ or designation of said spaces for guest
parking shall be at the discretion of the OOARD, fran time to time.
overnight on-street parking is prohibited by the City of Boynton Beach,
Florida, and hereby.
18. ~. DP..VEIOPER retains the right to alter, amend, m:xii.fyor
waive any portion of this Declaration of Restrictions, provided, that the
same shall not cause the prorata share of any individual rJ:1r OVNER to be
disproportionate or prevent access to (a) RECREATION AREA (if designated
and oonstructed), (b) PARKDG SPACE, (c) aMoJJN AREA, (d) CANAL EASEMENT,
or (e) ~J.' required for access 1 provided, however, that no amendment
shall prejudice the rights of an INSTITOTIONAL !aIDER having a llDrtgage
lien upon a rJ:1r in the SUBDIVISICN. '!his right of DE.VEIDPER shall not be
lost of limited until DecEmber 3l, 1992. '!his right of amendment shall
specifically include the right to delete and raoove lots which do not have
canp1eted dwellings constructed thereon fran this Declaration 1 any such
amendment may include provisions for those raooved lands to share the oost
of CClIIOOn areas, recreational facilities, and the like, on a pro rata
basis.
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19.
As REX:REATICN ARFA{ S) (if any) are developed and
MEMBERS .
designated as provided. herein, the same shall be operated by ASSOCIATION,
and the DEVEIDPER shall cause the ASSOCIATICN to be the owner of the
REX:RFATICN AREA within five (5) years of its construction. ASSOCIATIOO
shall bear the cost of operation, taxes, maintenance, insurance, repairs,
etc., the same as a (D.ttQl AREA with each IJJr CNmR paying their prorata
share as a nandatory obligation. After DEVEIDPER shall cease to be a Class
B Member, the right to designate, alter or nr:rlify REX:RFATICN AREA{S) and to
construct or d.Em;)lish recreation facilities may be exercised by ASSOCIATION
With the same power and authority originally vested in DEVEIDPER.
20. . D>>mGE ro PR)PER:tY. Any individual IJJr <>>mR which damages any
portion of the SUBDIVISICN which is to be maintained by the ASSOCIATION or
another IJJr CJiNER, through negligence or intentional wrongdoing, may be
charged all or a portion of the expense of repairing said damage.
21. THE FOREX;OItiG covenants, restrictions, reservations and servitudes
shall be considered and oonstrued as covenants, restrictions reservations
and servitudes running with the land and the same shall bind all persons
claiming ownership or use of any IJJr until the 31st day of December, 2026,
after which titre they shall be autanatically extended for successive
periods of ten (lO) years. Until December 3l, 1992, this Declaration may
be amended by DEVEIDPER without the oonsent or 'approval of ror aiNERS or by
an instrument signed by not less than seventy-five (75%) of the ror aiNERS
and thereafter by an instrument signed by not less than fifty percent (50%)
of the IJJr <HmRS, excepting that so long as the DE.VEIDPER is a Class B
Member of the ASSOCIATICN as provided for herein, no ane1dment shall be
made unless the DEVEIDPER consents thereto in writing. Any am::mdment must
be recorded to be effective.
22. T.V. ANTENNA. No antenna and/or aerial shall be installed without
the consent of ASSOCIATICN.
A cable T.V. or master antenna arrangemant
made by DEVEIDPER shall be acknowledged, honored and accepted by
ASSOCIATION and ror CMNERS, provided that no individual ror ~ shall be
charged for same without his oonsent.
23.
~ ~IRES M:>R'lGAGEE'S CDNSENT.
'!his Declaration of
Restrictions may not be amended by the ASSOCIATION without the consent of
the majority of INSTITUTIONAL LENDERS (excluding DEVEIDPER) holding a
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pn'chase IlD1ey first mrtqage upOn a rm in the SUBOIVISIOO. Amendments by
DEVEIDPER shall t'equire only the consent of mrtqagees that are holding
mrtqages given to then by DEVEIDPER.
24. OJVENANTS IN FAVOR OF INSTI'lUl'IONAL LENDER. In order to induce
INS'lT1U1'IONAL LENDERS, as herein defined, to make individual mrtqage loans
on IDrS in the SUBDIVISION, the ASSOCIATION'S right to iIrpress a lien. upon
a IDr (as provided hereinabove), the title to which has been acquired by an
INS'lT1U1'IONAL LENDER as a result of foreclosure or deed in lieu of foreclo-
sure, shall be abated so long as said INSTI'lU1'IONAL LENDER retains said
title, and likewise, during the time an INS'lT1U1'IONAL LENDER retains said
title the ASSOCIATION shall be under no Obligation to perfonn any of the
duties or obligations required of it as provided herein 1 however, said
INSTI'lUTIONAL LENDER nay elect to require the ASSOCIATION to perform said
duties by agreeing to pay its prorata share of the cost of same for the
period that it retains title. Upon disposal in any manner of a rm
acquired by an INSTI.'lU1'IONAL raIDER by foreclosure or deed in lieu of
foreclosures, or when such IDr is under lease, the ASSOCIATION'S right to
make assessments against such IDr and its right to impress a lien thereon
shall be fully restored, (except that no such assessment or lien shall be
for the plI'pOse of defraying the cost of any work or services undertaken by
the ASSOCIATION during the period of time prior to the time title to said
rm was held by an INSTI'lU1'IONAL raIDER), and the ASSOCIATION'S duties and
obligations with respect to said rm shall be restored.
25'. ~. DEVEIDPER (or a party designated by DEVEIDPER) shall
have the right to enter into a Management .Agreanent with ASSOCIATION
wherein DEVEIDPER (or a party designated by DEVELOPER) manages the affairs
of ASSOCIATION for an annual fee not to exceed seven percent (7% ) of the
total assessments of ASSOCIATION for the year for so long as DEVELOPER is a
Class B Member of ASSOCIATION. '!be aiNER of each rm with a residence
constructed thereon is hereby made liable to pay said fee to DEVELOPER or
DEVEIDPER'S designee. said fees shall be paid by rm CMNERS as a part of
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ru "prorata share" assessments and collections of same shall include the right
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26. PE:l'S. under no circumstances shall tenants keep pets at the
premises. Permission may be granted to. CJtt1NERS to keep their pets at the
premises fran time to time in the discretion of the ASSOCIATION, or <liNERS
nay be denied the right to keep pets at the premises fran time to time.
The ASSOCIATION, as part of its rules and regulations, may impose further
limi tations on the walking and noise of pets, if permission is granted to
an aiNER. Nuisances and unhygienic pet activities are prohibited. aiNERS
that are granted the right to keep pets may be required by DE.VEIDPER or
ASSOCIATIOO to execute a Pet Permission Agreement, which includes
C:ondi tions to their keeping pets.
27. -. OOAT ooc::K1lGE.
If DE.VEJ:DPER shall construct a boat dockage
facility and/or boat slips, said facilities shall be subject to the
operation and control of the ASSOCIATICN. '!he ASSOCIATICN may make boat
dockage available to rm CRlERS on a "first cxme, first serve" basis and
any such usage shall be cxmdi tional upon the following:
A., No overnight dockage of boats by non-rm CRmRS.
B. No boat repairs, other than day-to-day maintenance.
c. No discharge of "head" or other sanitation devices at the
premises .
D. All boat owners shall adhere to any present of future marine
regulations (including related to oil, gas or other illegal discharge).
E. '!he ASSOCIATIOO nay charge the "users" of the boat dockage
facilities (called "OOCK USERS") a reasonable fee for use of said
dockage and/or boat slips. OOCK OSERS shall execute fonnal written
agreements with ASSOCIATICN and they shall be deemed tenants of the
ASSOCIATION, who accept the premises "as is". 'lhe ASSOCIATION shall
have the same rights in attelIpting oollection of delinquent OOCK USERS'
fees as in oollecting assessments such as charging collection costs,
attorneys' fees, interest, lien rights, etc.
F. Proof of adequate insurance may be required fran OOCK USERS.
G. The ASSOCIATION may allow occasional use to one-day users of
dock space, in its discretion.
H. Fees to OOCK USERS shall be established at the discretion of
the ASSOCIATION, rot with the intention that the fees collected shall
at least pay the cost of maintenance and repair of dockage area., so
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that C>>1NERS that do not use the dockage area shall not be assessed for
same, W1l.ess the fees fran OOCK USERS is insufficient.
Nothing
contained herein shall prevent the ASSOCIATION fran establishing fees
which are CCIlpU"able to similar ccmnercial facilities and realizing a
profit to be applied toward ASSOCIATIOO expenses. Fees can be on a
weekly, lIDnthly, quarterly or yearly basis, at the discretion of the
ASSOCIATION and may be based on a flat charge per boat or based at the
size of boats. Rates shall be fixed without price discrimination
between OOCK USERS.
I. If the ASSOCIATION shall set aside boat dockage facilities
for cnmoa use of all IDT ()ofNERS, then as to those particular
facilities or slips, they shall be subject to the control, direction
and operation of ASSOCIATION and all costs shall be paid by the IDT
QiNERS in their prorata share, as hereinafter set forth.
J. After the initial boat dockage iDprovements are constructed
by DEVEIDPER (if any), funds necessary for dredging and for capital
inprovements relating thereto and for reserves for maintaining ,
repairing or iDproving the dockage facilities and adjoining seawalls
(if any), etc., may be levied by the ASSOCIATION as special assessments
against OOCK USERS, may be included in OOCK USER fees or may be
assessed against IDT ()llNERS as special asessments, at the discretion of
the ASSOCIATION fran time to time.
K. '!be availability of dock slips on a "first cane, first serve"
basis shall not preclude the ASSOCIATION fran giving priority to IDT
C>>1NERS in residence at the SUBDIVISION over tenants occupying a unit.
SUbleasing of dock space is prohibited. '!be ASSOCIATION may prohibit
dock usage by IDT omERS not occupying a unit in the SUBDIVISION.
L. '!be ASSOCIATION may adopt rules and regulations regarding the
dockage facilities and the use thereof.
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M. It is recognized that the construction, use, ownership and
operation of docks, boat slips, and navigational waters is subject to
applications, conditions, permits and regulation of various
governmental agencies. Accordingly any proposed or intended
construction or use is subject to all such goverrunental authority and
cannot be guaranteed fran time to time.
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28.
It is cont:.eq;>lated by DE.VEIDPER that upon the
CCJotPIEl'ICN .
carpletion of the project there shall be ale (1) residential townhouse-type
unit on each IDr. DE.VEWPER reserves the right to b.1ild the b.1ildings in
phases and in any order or sequence or to increase or decrease the number
of units. DE.VEIDPER further reserves the right to mdify the site, number
and construction design as to unbuilt units, fran time to time and to
delete and rem:we unbJ.ilt units fran the effect of this Declaration of
Restrictions so that DE.VEIDPER reserves the right to replat or to declare
. these deed restrictions null and void as to any IJ:ir or contiguous group of
IOl'S upon which DEVEWPER has not ooa~nenced construction. SUch
"declaration of teJ:mination" shall be recorded in the Public Records of
Palm Beach County, Florida.
29. FILLID !AND. DE..VEIDPER hereby discloses that there appears to be
an area of land adjoining to the east of the ~ ARFA which is or
formerly was subnerged land and which may have been partially filled by a
prior owner of the land. DE.VEWPER cannot and does not guarantee or
warrant the ti tie to said filled land since ownership thereof may be
subject to claims of the public for recreation p.n-poses and may be further
subject to claims of various governmental agencies regarding navigable
water and subnerged land (including claims of the State of Florida or
united States of America>.
In the event DE.VEWPER shall utilize said
filled land as a part of the CXJoIo(ti ARFA or REX::REATICN ARFA (if any), any
such use shall be subject to any valid claim described herein, if there is
any. Use of said filled land and any riparian rights or littoral rights of
the adjoining waterways, canals or lakes are intended to be utilized by IDr
aiNERS, but subject to the rights of the plblic and/or governmental
agencies and subject to the control and regulation of the ASSOCIATION.
30. AMENI>>1ENI'. DE.VEIDPER retains the right to alter, amend, IOOdify or
waive any portion of this Declaration of Restrictions, provided that the
same shall not cause the prorata share of any individual IDr <liNER to be
disproportionate or prevent access to (a) his IDr, (b) pARKJN; SPACE, (c>
cnM:JN ARFA, (d> easanent, (e) REX::REATICN ARPA (if any shall be designated
or constructed>, or (f) S'"rREET required for accesS1 provided, however, that
no amendment shall prejudice the rights of an INSTI'lUI'IONAL !ENDER having a
rrortgage lien upon a IDr in the SUBDIVISION. This right of DE.VEIDPER shall
not be lost or limited until December 31, 1992.
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IN WITNESS ~F, FIRST ClXFORD DEVEIDPMENl' <XMPANY, a Florida
has cauSed this instrument to be executed this ~iJ ~daY of
, 1986.
FIRST ClXFORD DEVEIDPMENl' Ol4PANY
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(CX>RPORATE SEAL) '. c. ". C)0,) ~dO:: .. '.
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STATE OF FIDRIDA )
CXXJNTY OF PAlM BEACH )
I HEREBY CERl'IFY that before me, a Notary Public duly authorized in the
foregoing COunty and State to administer oaths and take acknowled9R\Mts,
personally appeared C. Wendall Collins and ,
as President and Secretary respectively of FIRST OXFORD
DE.VEIDPMENl' Ol4PANY, a Florida corporation, to me known to.be said officers
of said corporation, and they acknatrlledged before me that they executed the
foregoing instrument as such officers of said corporation, by authority
vested in them by said corporation, as the corporation's true act and deed
and for the purposes therein expressed.
WITNE5S IIf:/ hand and official seal in the OJunty and State last..
aforesaid this 30th day of SeDb:~mher , 1986. ",,:~:::";'':~T''~!,~~::,,~.,.
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Notary 1C, state or1cm::' ,~.; ,~, ..... ..'c; l :; .: ;'. F
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My cxmnJ.SS1on exp1res. '. ",.J ......;..'.c,~ .,'
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NOTARY pueLIC STATE 0' 'lORIDA
MY CO"NISSION EXP JUNE 18.1g90
aONOEO fHRU GENERAL liS. UND. ~
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JOINDER OF MORTGAGEE
The undersigned, ENSIGN BANK, FSB ("Mortgagee") the owner and
holder of a mortgage from FIRST OXFORD DEVELOPMENT COMPANY, a
Florida corporation, dated April 29, 1986, recorded April 30, 1986,
in Official Records Book 4862, Page 826 of the Public Records of
Palm Beach County, Florida, hereby joins in the Declaration of
Restrictions of MARINER'S WAY.
IN WITNESS WHEREOF, the undersigned have set their hands and
. .
seals this /'f-I--A day of , 198~.
WIT
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ENSIGN BANK, FSB
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By: ~ I j' '- v'
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Attest:
COUNTY OF PALM BEACH
STATE OF FLORIDA
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Public in the County and State aforesaid
acknowledgments, personally appeared
, as RmIOlIAL VICB-pmm]])JmT
, as ,
of ENSIGN BANK, FSB, to me known to be the persons described in and
who executed the foregoing Joinder of Mortgagee, and they
acknowledged before me that they executed said instrument on behalf
of the aforesaid bank by authority vested in them by said bank as
their free act and deed and for the purposes therein expressed.
BEFORE ME, a Notary
duly authorized to take
H. BRUCE GOSMAB
and
WITNESS my hand and official seal this 19th day of
~ , 1986
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Notary Public,
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State of"F-l'o~.idc0 '..:<
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My commission expires: -"~; ~-~:: .;; r::'.j ! ~:.
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:ofafy p~6rr.c;, Sfaf~ of' FlorIda lit r~r;i' "":"~~~o.:>.:,..,' .
Y CommIssion Expires February 3, 1990'." S ",'
Bonded thru Huckleberry, Sib lay & ' "'..,.",...
Harvey Insurance and Bonds. Inc.
EXHIBIT IIA"
All of MARINER'S WAY, according to the Plat
thereof, recorded in Plat Book 52, Page 193
of the Public Records of Palm Beach County,
Florida.
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Irpartmmt Df &tatr
I certify that the attached is a true and correct copy of the Articles of
Incorporation of MARINER'S WAY ASSOCIATION, INC., a
corporation organized under the Laws of the State of Florida, filed on
June 24, 1985, as shown by the records of this office.
The charter number of this corporation is N09907.
"bm unbtr mp banb anb tbr
4krat &tal of tl)e &tate of .:1lonba,
at <<a1la1JaSStt, tbe €apital, tbiS tbe
25th bap of June, 1985.
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ARTICLES OF INCORPORATION
OF
MARINER'S WAY ASSOCIATION, INC.
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- a nonprofit corporation -
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The undersigned, by these Articles, associate themselves for the
purposes of forming a corporation not-for-profit under Chapter 617,
Florida Statutes, and certify as follows:
ARTICLE I. NAME
. The name of the corporation shall be MARINER'S WAY ASSOCIATION,
INC. For convenience, the corporation shall be referred to in this
instrument as the -Association-.
ARTICLE II. PURPOSE
2.1 The purpose for which the Association is. organized is to
provide an entity for the operation of a proposed residential
development located upon the followinq lands in Palm Beach County,
Florida:
SEE EXHIBIT - A-ATTACHED HERETO.
2.2 The Association shall make no distributions of income to
its. members, directors or officers.
ARTICLE I I I. POWERS
The powers of the Association shall include and be governed by
the following provisions:
3.1 The Association shall have all of the common law and
statutory powers of a corporation not-for-profit not in conflict
with the terms of these Articles.
3.2 The Association shall have all of the powers and duties set
forth in a certain Declaration of Restrictions by FIRST OXFORD
DEVELOPMENT CORP., a Florida corporation, to which Declaration these
Articles are attached and recorded in the Public Records of Palm
Beach County, Florida (hereinafter called -Declaration-), except as
limited by these Articles, and all of the powers and duties
reasonably necessary to operate the Association pursuant to the
Declaration and as it may be amended from time to time, includinq,
but not limited to, the following:
(a) To make .and collect assessments against members to defray
the costs, expenses, and losses of the Association.
(b)
To use the proceeds of assessments in the exercise of its
powers and duties.
(c)
The maintenance, repair, replacement and operation of the
property and buildings which are to be maintained,
repaired, replaced and operated by the Association.
(d)
The purchase of insurance upon
property and insurance for the
Association and its members.
the improvements
protection of
and
the
(e) The reconstruction of improvements after casualty and the
future improvement of the property.
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(f)
To make and amend reasonable regulations respecting the use
of the property subject to the Association's control.
To approve or disapprove the transfer, mortgage, and
ownership of lots and improvements as may be provided by
the Declaration.
(g)
(h) To enforce by legal means the provisions of the
Declaration, these Articles, the By-Laws of the
Association, and the Regulations for the use of the
property in the subject development.
(i) To contract for the management or operation of portions of
common areas and recreation areas susceptible to separate
management or operation: and to make and collect
assessments against members to defray the costs, expenses,
maintenance, and contractual obligations entered into
relative to common areas, parking spaces, easements,
streets, and the like.
( j) To contract for the management of the Association and to
delegate to such contractor all powers and duties of the
Association.
(k) To employ personnel to perform the services required for
the proper operation of the Association.
3.3 All funds and the title of all properties acquired by the
Association and their proceeds shall be held in trust for the
members in accordance with the provisions of the Declaration, these
Articles of Incorporation, and the By-Laws.
3.4 The powers of the Association shall be subject to and shall
be exercised in accordance with the provisions of the Declaration
and the By-Laws.
ARTICLE IV. MEMBERS
4.1 The members of the Association shall consist of all of the
record owners of the lots, and/or Developer, as more fully set forth
in the Declaration.
4.2 After receiving approval of the Association required by the
Declaration, change of membership in the Association shal1 be
established by recording in the Public Records of Palm Beach County,
Florida~ a deed or other instrument establishing a record title to.a
lot and the delivery to the Association of a copy of such
instrument. The owner designated by such instrument thus becomes a
member of the Association and the membership of the prior owner is
terminated.
4.3 The share of a member in the funds and assets of the
Association cannot be assigned, hypothecated nor transferred in any
manner except as an appurtenance to the lot.
4.4 The owner of each lot shall be entitled to at least one
vote as a member of the Association. The exact number of votes to
be cast by members and the manner of exercising voting rights shall
be determined by the Declaration.
4.5
stock.
This Association shall never have or issue any share of
ARTICLE V. BOARD OF DIRECTORS
5.l The affairs of the Association will be managed by a Board
of Directors consisting of a number of directors determined by the
By-Laws, but not less than three (3) directors, and in the absence
of such determination shall consist of three (3) directors.
Directors need not be members of the Association.
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5.2 Directors of the Association shall be elected at an annual
meeting of the members of the manner determined by the By-Laws.
Directors may be removed and vacancies on the Board of Directors
shall be filled in the manner provided by the By-Laws.
5.3 The first election of the directors shall not be held until
after the Developer has terminated its control, or until after
December 31, 1992 (said time being the time that Developer ceases
being a Class B member as set forth in the Declaration). The
directors named in these Articles shall serve until the first
election of directors, and any vacancies in their number occurring
before the first election shall be filled by the remaining
directors.
5.4 The names and addresses of the members of the first Board
of Directors who shall hold office until their successors are
elected and have qualified, or until removed are as follows:
Name
Address
C. Wendall Collins
630 O.S. Highway No.1, Suite 402
North Palm Beach, Florida 33408
630 O.S. Highway No.1, Suite 402
North Palm Beach, Florida 33408
630 O.S. Highway No.1, Suite 402
North Palm Beach, Florida 33408
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Frederick T. Vecchione
2.66 'r I~...'-C ~;d~ -0 ~/L
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Pamela S. Sharp
ARTICLE VI. OFFICERS
The affairs of the Association shall be administered by the
officers designated in the By-Laws. The officers shall be elected
by the Board of Directors at its first meeting following the annual
meeting of the members of the Association and shall serve at the
pleasure of the Board of Directors. The names and addresses of the
officers who shall serve until their successors are. designated by
the Board of Directors are as follows:
President and Secretary:
C. Wendall Collins
Vice President:
Frederick T. Vecchione
Treasurer:
Pamela S. Sharp
The Board of Directors' or the President, with approval of the
Board of Directors, may employ a managing agent and/or such other
managerial and supervisory personnel or entities to administer or
assist in the administration of the operation and management of the
Association and any such person or entity may be so employed without
regard to whether such person or entity is a member of the
Association or is a director or officer of the Association, or an
employee or associate of Developer, as the case may be.
ARTICLE VII. INDEMNIFICATION
Every director and every officer of the Association shall be
~ndemnified by the Association against all expenses and liabilities
including counsel fees, reasonably incurred by or imposed upon him
in connection with any proceedings or any settlement of any
proceeding to which he may be a party or in which he may become
involved by reason of his being or having been a director or an
officer of the Association, whether or not he is a director or
officer at the time such expenses are incurred, except when the
director or officer is adjudged guilty of willful misfeasance or
malfeasance in the performance of his duties~ provided that in the
event of a settlement the indemnification shall apply only when the
Board of Directors approves such settlement and reimbursement as
being for the best interests of the Association. The foregoing
right of indemnification shall be in addition to and not exclusive
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of all other rights to which such director or officer may be
entitled.
ARTICLE VIII. BYLAWS
The first By-Laws of the Association shall. be adopted by the
Board of Directors and may only be altered, amended, or rescinded in
the manner provided by the By-Laws.
ARTICLE IX. AMENDMENTS
Amendments to the Articles of Incorporation shall be proposed
and adopted in the following manner:
9.1 Notice of the subject matter of a proposed amendment shall
b. included in the notice of any meeting at which a proposed
amendment is considered.
9.2 " A resolution for the adoption of a proposed amendment may
be proposed either by the Board of Directors or by the members of
the Association. Directors and members not present in person or by
proxy at the meeting considering the amendment may express their
approval in writing, provided such approval is delivered to the
Secretary at, or prior to, the meeting. Except as elsewhere
provided:
(a) such approvals must be by not less than seventy-five
percent (75%' of the entire membership if proposed by the
Board of Directors7 or
(b) by not less than eighty percent (80%) of the votes of the
entire membership of the Association.
9.3 Provided, however, that no amendment shall make any changes
in the qualifications for membership or the voting rights of the
members, without approval in writing by all members and the joinder
of all record owners of mortgages upon the lots. No amendment shall
be made that is in conflict with the Declaration. Further provided,
that no amendment shall be made without the written consent of
Developer during the time that Developer is a Class B member.
9.4 A copy of each amendment shall be certified by the
Secretary of State and be recorded in the Public Records of Palm
Beach County, Florida.
ARTICLE X. TERM
The term of the Association shall be perpetual.
ARTICLE XI. SUBSCRIBERS
The names and addresses of the subscribers of these Articles of
Incorporation are as follows:
Name
Address.
C. Wendall Collins
630 U.S. Highway No. l, Suite 402
North Palm Beach, Florida 33408
630 U.S. Highway No. I, Suite 402
North Palm Beach, Florida 33408
Frederick T~ v/ecchione
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Pamela S. Sharp
630 U.S. Highway No.1, Suite 402
North Palm Beach, Florida 33408
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WITNESS my hand and o~ial seal in the
aforesaid the "q.;.<.o.. day of .... ____.~:.. , 1985.
and State
County
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My commission ex.ci res: :: ~ :',': .'~.',': .:,:' " '
OF F\.OK rtJ."\ .. ~-' ". .'..
NOT AllY PUlIl.lC ST^-~E ,r.s MAR 3 \986 :-~~..... '..::': ,'-. ./.".
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a Notary Public duly authorized in the County and
.State aforesaid to take acknowledgments, personally appeared PAMELA
S. SHARP, to me known to be the person described in and who executed
the foregoing Articles of Incorporation, and she acknowledged before
me that she executed said Articles as her true act and deed and for
the purposes therein expressed.
WITNESS my hand and Offi~l seal in the County
aforesaid the 1.)..'4A day of _-g.J..-4<...fl-./ , 1985.
and State'
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My commission expires. ,...\ ';'-",' ''::'' / ;',
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MY ~o:,\I:.I:~i C'N .:i:;>:?ES :UL'( oJ" 1986 ,...
ACKNOWLEDGMENT
Having been named to accept service of process for the above
stated corporation, at the place designated in this Certificate, I
hereby accept to act in this capacity, and agree to comply with the
provisions of law relative to ke~~ such Of~ '
~ ~--.~
. WENDALL CO I
REGISTERED AGENT
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Lot 9, ~i~s ~ay, &oyr.to~ Beach, Palm Beach County, Florida, according
to the Plat thereof recorded in Plat Book 23, on Page 110, of the the
Public Records of Fain, Beach County, Florida;
AND
The North 1&5 feet of the South 700 feet of Gover~ent Lot 3 of Section
22, Township 45 South, Range 43 East lying East of said Lot 9 of Wilms
Way, Boynton Beach, pa111' Beach County, Florida,
AND
A parcel of submerged land in Lake Worth, in Section 22, 'I'aWnship 45
South, Range 43 East, Palm Beach County, Florida, more particularly
described as follows:
Beginning at the point of intersection of a line t99.50 feet North of
and 1=-aralle1 to t.he SouU-. line of Government Lot 3 in said Section 22
and the City of Boynt.on Beach Bulkhead Line, established November 19,
1956, by Ordinance No. 289; thence South So 37' 00" West along said
City of Boynton Beach Bulkhead Line,. a distance of 130.76 feet.; thence
Nort.h 890 22' 01" West, a distance of 375 feet to a point in the high
~ater line on the westerly shore of Lake Wort.hi thence North 4,0 37'
59" East, along said high wat.er line, a distance of 1&5 feet; thence
North 880 24' 26" East, along said high water line, a distance of
278.76 feet to the Point of Beginning-
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THE BY-LAWS OF
MARINER'S WAY ASSOCIATION, INC.
- a nonprofit corporation -
The operation of the property described and named in the
Declaration of Restrictions to which these By-Laws are attached
shall be governed by these By-Laws.
ARTICLE I. DEFINITIONS
The t.erms used in these By-Laws, as .well as the Declaration of
Restrictions and all amendme~ts and items pertinent thereto, shall
have the meanings stated in the Decla~ation of Restrictions unless
the context otherwise requires:
1.1 ASSOCIATION means MARINER'S WAY ASSOCIATION, INC.,. a
Florida corporation not-for-profit, its successors or assigns.
1.2 BOARD means the Board of Directors of the ASSOCIATION.
l.3 DEVELOPER means FIRST OXFORD DEVELOPMENT COMPANY, a Florida
corporation, its successors or assigns.
1.4 LOT means a lot as shown in the recorded Declaration of
Restrictions of MARINER'S WAY, to which Declaration of Restrictions
these By-Laws are attached. Further, these By-Laws are subject to
the terms and conditions of said Declaration of Restrictions.
1.5 BY-LAWS means the By-Laws of the ASSOCIATION as they exist
from time to time.
1.6 COMMON AREA, RECREATION AREA, PARKING SPACE, CANAL
EASEMENT, STREET, OWNER and LOT OWNER shall each have the meaning
given in the Declaration of Restrictions.
1.7 COMMON EXPENSES include:
(a) Expenses of administration 1 expenses of maintenance,
operation, repair, or replacement of the COMMON AREA,
PARKING SPACES, STREETS, RECREATION AREA (if any),
easement, and the portions of the LOTS to be
maintained by the ASSOCIATION.
(b) Expenses to be shared as common expenses by provisions
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ARTICLE XII~ DEVELOPER'S RIGHTS
Nothing contained herein shall limit or restrict the rights of
Developer, which are set forth in the Restrictions.
ARTICLE XIII. INITIAL REGISTERED OFFICE AND AGENT
The street address of the initial registered office of the
corporation is 630 u.S. Highway No.1, Suite 402, North Palm Beach,
Flor ida 33408. The Registered Agent of the Corporation shall be
C. Wendall Collins whose address as Registered Agent is: 630 U.S.
Highway No.1, Suite 402, North Palm Beach, Florida 33408.
IN WITNESS WHEREOF, the undersigned, each being the Subscribers
hereto, do hereby subscribe to these Articles of Incor~ration, and
have hereunto set our hands and seals, this ? day of
~ t' <'" Q , 1985. /) '\ '
/ --ft22I).2<.JJ,./# (J/4..A A SEAL I
C. WENDALL~N --
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(SEAL)
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PAMELA S. SHARP
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a Notary Public duly authorized in the County and
State aforesaid to take acknowledgments, personally appeared
C. WENDALL COLLINS, to me known to be the person described in and
who executed the foregoing Articles of Incorporation, and he
acknowledged before me that he executed said Articles as his true
act and deed and for the purposes therein expressed.
WITNESS my hand and of
aforesaid the ~~ day of
seal in the County and State
, 1985.
My commission expires:
NOTARY PU2L1C STATE OF FLORIDA
MY COi:,;\',:SSIC"l ~,'(P:?~S f.IX.. 3 198"6
oOt'~Lki) L,i{IJ G':;~"I\AI.. i;~S : Ut'~~~"VIo'l\l iE~
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a Notary Public duly author i zed in the County and
State aforesaid to take acknowledgments, personally appeared
FREDERICK T. VECCHIONE, to me known to be the person described in
and who executed the foregoing Articles of Incorporation, and he
acknowledged before me that he executed said Articles as his true
act and deed and for the purposes therein expressed.
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of the Declaration of Restrictions, or the By-Laws or
Articles of the ASSOCIATION.
(c) Any valid charge against the ASSOCIATION or the
property administered by the ASSOCIATION as a whole.
{d> Expenses of administration, maintenance, assessments,
maintenance contract, charges, operation, repair or
replacement and taxes and insurance in conjunction
with the operations provided for in the Declaration of
Restrictions, or in any Plat of MARINER'S WAY.
1.8 COMMON SURPLUS means the excess of all receipts of the
ASSOCIATION, over the amount of COMMON EXPENSES.
1.9 OCCUPANT means the person or persons, other than the LOT
OWNER, in possession of a LOT.
1.10 Whenver the context so permits, the use of plural shall
include the singular, the singular shall include the plur~l, and the
use of any gender shall be deemed to include all genders.
ARTICLE II. ASSOCIATION MEMBERSHIP-MEETINGS
2.l
Each LOT OWNER shall
Members and Voting Rights.
automatically become a member of the ASSOCIATION upon acquiring
record title to any LOT.
In addition, the DEVELOPER or any
successor to DEVELOPER'S ti tIe as record owner of a LOT or LOTS
shall be deemed to own that number of memberships which is equal to
the .number of LOTS owned by it.
Said membership shall be
appurtenant to and may not be separated from ownership of any LOT.
When more than one person holds an interest in any LOT, all such
persons shall be members, however, there shall be only one vote for
each LOT, said vote to be exercised as they among themselves
determine, as evidenced by a certificate signed by all the record
owners designating which member shall be entitled to vote for said
LOT. In the event such certificate is not on file with the
ASSOCIATION, no vote for said LOT shall be cast. Anything to the
contrary notwithstanding, any LOT owned jointly by husband and wife
may exercise the vote without a certificate so long as the
ASSOCIATION has not been advised by either spouse to the contrary.
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Membership in the ASSOCIATION shall be subject to the same rights
and obligations as herein set forth:
(a) Class A. Class A Members shall consist of all the members
declared to be members, as herinabove provided, excepting
the DEVELOPER.
(b) Class B.
The Class B Member shall be the DEVELOPER, its
successors or assigns. So long as there shall be a Class B
Member, said member shall have the exclusive power to
select the directors, which directors shall exercise all
the powers of the ASSOCIATION.
The Class B membership
shall cease and all powers and duties of the ASSOCIATION
shall be exercised by the Class A Members upon the
happening of either of the following events, whichever
first occurs:
(i) December 31, 1992, or
(ii) Upon filinq in the Public Records of Palm Beach
County, Florida, of a resignation of the Class B Member
from membership.
( iii) One hundred eighty (180) days after completion of
construction and sale of all residential units which may be
constructed on the Project Area defined in the Declaration
of Restrictions in accordance with maximum zoning and use
densities.
2.2 Transfer of Membership. Membership in the ASSOCIATION may
be transferred only as an incident to the transfer of title to a LOT
as and in the manner set forth in the Declaration of Restrictions.
2.3 Annual Meeting. The annual meeting of the members shall be
held on the first Monday of the month of February of each year, at
2:00 P.M., at such location in Palm Beach County, Florida as the
President or a majority of the BOARD shall specify in writing to the
members. Should the date for such annual meeting fall on a holiday,
the meeting shall be held on the next succeeding business day.
Provided, however, that DEVELOPER shall control the affairs of the
ASSOCIATION for the period that is set forth in the Declaration of
Restrictions and Paragraph 2.1 above and no meeting shall be
required during that period.
2.4 Special Meetings. A special meeting of the members may be
called at any time by the President or by a majority of the BOARD
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and shall be held at such place as is designated by the President or
a majority of the BOARD and stated in a written notice. No special
meeting shall be called unless the Secretary of the ASSOCIATION
shall have mailed to or served upon all of the members a written
notice of the said meeting at least five (5) days prior to the date
of said meeting.
A special meeting shall also be called by the
President upon written demand of a majority of the members, and in
the event such demand is made, then and in that event, the President
shall direct the Secretary to mail to or serve upon all of the
members with written notice of said meeting at least five (5) days
prior to the date of the meeting. All notices shall be mailed to or
served at the address of the member as it appears on the records of
the ASSOCIATION.
2.5 Voting. Voting shall be by secret ballot. At any meeting
of members, each member shall be entit~ed to one vote, in person or
by proxy, for each LOT owned by him.
A~l proxies shall be in
writing and shall be filed with the Secretary prior to the meeting
at which the same are to be used. A notice of said proxy shall be
made in the minutes of the meeting. No member who is then more than
thirty (30) days delinquent in the payment of his assessments shall
be entitled to vote at any regular or special meeting of the
members.
2.6 Quorum.
A quorum for the transaction of business at the
annual or any special meeting shall consist of a majority of the
members represented either in person or by proxy 1 but the members
present at any meeting, although less than a quorum, may adjourn the
meeting to a future date.
The vote of a majority of the members
shall decide any question unless the By-Laws or Declaration of
Restrictions provide otherwise, in which event the votes required in
the By-Laws or the Declaration of Restrictions shall control.
2.7 Waiver. The foregoing requirements as to meetings are not
to be construed, however, to prevent members from waiving notice of
meeting or from acting by written agreement without meetings
provided that such waivers or written agreement is executed by all
of the members.
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ARTICLE III. OFFICERS - BOARD OF DIRECTORS
3.1 First BOARD. The first BOARD shall serve until the first
annual meeting of the members of the ASSOCIATION, or until their
successors shall have been elected and qualified. The first Board
of Directors are C. WEND ALL COLLINS, FREDERICK T. VECCHIONE and
PAMELA S. SHARP. The first officers are:
PRESIDENT:
C. WENDALL COLLINS
VICE PRESIDENT:
SECRETARY:
FREDERICK T. VECCHIONE
C. WENDALL COLLINS
PAMELA S. SHARP
TREASORER:
3.2 Election and Term of Office. Commencing with, and at the
first annual meeting of the members to be held after DEVELOPER
relinquishes control by resigning as a Class B Member or December
31, 1992 (whichever is first), and at such annual meetings
thereafter, the members shall elect by plurality vote five (5)
persons as directors who shall constitute the BOARD of the
ASSOCIATION, and who shall hold office for a term of one (1) year or
until their successors shall have been qualified and elected. Each
member shall be entitled to one vote for each LOT owned by him for
each office to be filled.
3.3
Election of Officers.
Commencing with, and at the first
annual meeting of the members, as heretofore described, and at each
annual meeting thereafter, the BOARD shall elect by plurality votes
three (3) officers, to-wit: one President, one Vice President, one
Secretary and one Treasurer out of its membership on the BOARD who
shall likewise hold office for a term of one (1) year or until their
successors shall have been qualified and elected. If allowed under
Florida law, one person may hold more than one office.
3.4 General Statement of Powers.
The property, business, and
affairs of the ASSOCIATION shall be managed by the BOARD.
3.5
Title of Officers.
Officers of the ASSOCIATION are: a
President, a Vice President, a Secretary and a Treasurer. The BOARD
may, from time to time, elect an Assistant Vice President and an
Assistant Secretary/Treasurer who shall serve at the will of the
BOARD, but who shall not be deemed members of the BOARD.
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3.6 Qualification of Officers. Until the election to be held
when the DEVELOPER relinquishes control of the ASSOCIATION, an
officer need not be a LOT OWNER, thereafter at least two (2) of the
officers and two-thirds (2/3) of the members of the BOARD shall be
members. No member shall be eligible for election as an officer or
director if he is more than thirty (30) days delinquent in the
payment of his assessment. Commencing with the officers elected at
the meeting of members to be held after DEVELOPER relinquishes
control of the ASSOCIATION, a transfer of title of his LOT by an
officer who is a LOT OWNER shall automatically operate as his
resignation as an officer and as a member. of the BOARD.
3.7
Removal and Vacancies.
After the first election, an
officer or director may be removed from office upon the affirmative
vote of three-fourths (3/4) of the members for any reason deemed by
the members to be detrimental to the best interest of the
ASSOCIATION. In the event of any removal, resignation or vacancy in
any of the offices, the remaining members of the BOARD shall elect a
person to serve as a successor to the removed, resigned or vacated
office, who shall hold office for the balance of the unexpired term
and shall succeed to a membership in the BOARD for the same term.
The election held for the purpose of filling said vacancy may br
held at any regular or special meeting of the BOARD.
3.8 Annual Meetings. The annual meeting of the BOARD shall be
held at such place in Palm Beach County, Florida, as may be agreed
upon by the BOARD immediately following the adjournment of the
annual meeting of the members. The BOARD may establish a schedule
of regular meetings to be held at such place as the BOARD may
designate, in which event no notice shall be required to be sent to
the said BOARD of said regular meetings once said schedule has been
adopted.
3.9
Special Meetings.
Special meetings of the BOARD may be
called by the President, and in his absence, by the Vice President,
or by a majority of the members of the BOARD by giving five (5) days
notice, in writing, to all of the members of the BOARD of the time
and place of said meeting, said notice to be mailed to or personally
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served on each member of 'the BOARD by the Secretary of the
ASSOCIATION.
By unanimous consent of the BOARD, a special meeting
of the BOARD may be held without notice at any time or place.
3.10 Quorum. A quorum for the transaction of business at any
regular meeting of the BOARD shall consist of a majority of the
members of the BOARD; but a majority of those present at any annual,
regular or special meeting shall have the power to adjourn the
meeting to a future time, provided that written notice of the new
time, date, and place shall be mailed to, or personally served, on
each member of the BOARD by the Secretary of the ASSOCIATION at
least three (3) days prior to the time fixed for said meeting.
3.11
The officers and/or direc~ors of this
Compensation.
ASSOCIATION shall serve without compensation.
ARTICLE IV. OFFICERS - POWERS AND DUTIES
4.1 The President. Be shall be the chief executive officer of
the ASSOCIATION. Be shall preside at all meetings of the members and
of the BOARD.
Be shall have executive powers and general
supervision over the affairs of the ASSOCIATION and other officers.
Be shall sign all written contracts of the ASSOCIATION and shall
perform and have the necessary powers to perform all of the duties
incident to his office and that may be delegated to him from time to
time by the BOARD.
4.2 The Vice President. Be shall perform all the duties of the
President in his absence and such other duties as may be required of
him from time to time by the BOARD.
4.3
The Secretary.
Be shall issue notices of all BOARD
meetings and all meetings of the members; he shall attend and keep
the minutes of same; he shall have charge of all of the
ASSOCIATION'S books, records, and papers.
4.4. (a)
She shall have the custody of the ASSOCIATION'S funds
and securities and shall keep full and accurate
accounts of receipts and disbursements in books
belonging to the ASSOCIATION and shall deposit all
moneys and other valuable effects in the name and to
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the credit of the ASSOCIATION in such depositories as
may be designated from time to time by the BOARD.
(b) She shall disburse the funds of the ASSOCIATION from
the checking account, with all checks countersigned by
the President, as may be ordered by the BOARD in
accordance with these By-Laws, making proper vouchers
for such disbursements, and shall render to the
President and BOARD at the regular meeting of the
BOARD, or whenever they may require it, an account of
all of her transactions as Treasurer and of the
financial condition of the ASSOCIATION.
(c) She shall collect the assessments and shall promptly
report the status of collections and of all
delinquencies to the BOARD.
ARTICLE V. POWERS OF THE ASSOCIATION
The ASSOCIATION, acting through the BOARD, shall have the
following powers:
5.1 Declaration. All of the powers specifically set forth in
the Declaration of Restrictions and all of the powers incidental
thereto.
5.2 By-Laws. All of the powers specifically set forth in these
By-Laws and all powers incidental thereto.
5.3 Articles of Incorporation. All of the powers specifically
set forth in the Articles of Incorporation and all powers incidental
thereto.
5.4 Miscellaneous Powers.
(a) To use and expend the assessments collected to carry
out the purposes and powers of the ASSOCIATION.
(b) To
employ
and
other
attorneys,
accountants,
professional services as the need arises.
(c) To employ workmen, janitors, gardeners, and such other
agents and employees to carry out the powers of the
ASSOCIATION, and to purchase supplies and equipment
therefor.
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(d) To enter into such agreements and contracts as may be
necessary to make available the facilities of the
ASSOCIATION.
(e) To own and/or operate and/or control the COMMON AREA,
PARKING
parking areas,
CANAL EASEMENT,
SPACES,
STREETS, and any additions thereto, etc., to the
extent described pursuant to the Declaration of
Restrictions.
ARTICLE VI. FINANCE AND ASSESSMENTS
6.1 . Depository.
Funds of this ASSOCIATION shall be deposited
in such bank or banks as the BOARD may from time to time direct, in
an account for the ASSOCIATION under resolutions approved by the
BOARD, and shall be withdrawn only upon checks and demands for money
signed by the President and countersigned by the Treasurer or such
other officers as designated by the BOARD from time to time. All
notes of the ASSOCIATION shall be signed by any two of the officers
of the ASSOCIATION.
6.2
Fiscal Year.
The. fiscal year for the ASSOCIATION shall
begin on the first day of January of each year~ provided, however,
that the BOARD is expressly authorized to change to a different
fiscal year in accordance with the provisions and regulations from
time to time prescribed by the Internal Revenue Code of the united
States of America at such time as the BOARD deems it advisable.
6.3 Determination of Assessments.
( a) The BOARD of the ASSOCIATION shall fix and determine
from time to time the sum or sums necessary and
adequate for the COMMON EXPENSES of the ASSOCIATION
(including PARKING SPACES, easements, CANAL EASEMENT,
STREETS and COMMON AREA) providing for use of same for
the members ~ COMMON EXPENSES shall include expenses
for the operation, maintenance, repair or replacement
of the COMMON AREA, STREETS, walkways, PARKING SPACES,
parking areas, CANAL EASEMENT, easements, RECREATION
AREA (if any), the costs of carrying out the powers
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and duties of the ASSOCIATION, management contract,
and any other expenses designated as COMMON EXPENSES
from time to time by the BOARD of the ASSOCIATION.
The BOARD is specifically empowered on behalf of the
ASSOCIATION to make and collect assessments and to
lease, maintain, repair and replace the PARKING
SPACES, COMMON AREA, RECREATION AREA (if any),
STREETS, easements, and CANAL EASEMENT, to meet the
requirements of the ASSOCIATION, if any. In addition,
if private water bills on the individual residential
units include more than one LOT, collec~ion of
assessments to pay same pursuant to the Declaration of
Restrictions is authorized.
Funds for the payment of COMMON EXPENSES shall be
assessed and be deemed a lien as set forth in the
Declaration of Restrictions.
(b) When the BOARD has determined the amount of any
assessment,
the Secretary or Treasurer of the
ASSOCIATION shall mail or present a statement of the
assessment to each of the members.
All assessments
shall be payable to the ASSOCIATION,
and upon
request, the Secretary or Treasurer shall give a
receipt f~r each payment made to him, if requested.
6.4
Delinquent Assessments.
In the event the payment of an
assessment is delinquent, the ASSOCIATION, through its BOARD, may
proceed to enforce and collect the said assessment in any manner
provided for by the Declaration of Restrictions.
6.5 Unused Assessments. All income to the ASSOCIATION, shall
be used to defray the cost and expenses of the ASSOCIATION. Any
COMMON SURPLUS from one year's budget shall be used to reduce
assessments and fees charged in the following year after adequately
providing for short term cash floW1 and, no distribution of income
shall be made to members.
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ARTICLE VII. MAINTENANCE AND REPAIRS
7.1 Access. Any officer of the ASSOCIATION, or any agent of
the BOARD, shall have irrevocable right to have access to each LOT
from time to time during reasonable hours that may be necessary for
inspection, maintenance, repair or replacement of any COMMON AREA
accessible therefrom, or for making emergency repairs therein to
prevent damage to the COMMON AREA, PARKING SPACES, easements, CANAL
EASEMENT, walkways, common wall, or to another LOT.
7.2
Maintenance and Repairs.
The BOARD may enter into a
contract with any firm, person or corporation for the maintenance
and repair of the ASSOCIATION property. The BOARD may, by contract,
empower and grant to such firm, person or corporation the right of
access as set forth in Paragraph 7.1 of this Article.
The BOARD
may delegate to said firm, person, or corpora~ion rights of
collection of assessments and powers of enforcing the same.
. 7.3
LOT OWNERS.
Every LOT OWNER must perform promptly all
maintenance and repair work within his own property which, if
omitted, would affect the other member's property, their common land
and the project in its entirety or in a part belonging to other
OWNERS, being expressly responsible for the damages and liabilities
that his failure to do so may engender.
7.4
Prohibition.
No member shall make any alteration in the
portions of the improvements which are to be maintained by the
ASSOCIATION or' remove any portion thereof, or make any additions
thereto, or do any work which would jeopardize the safety or
soundness of any buildings or improvements or impair any easement.
7.5 Fee Simple Title. The ASSOCIATION will accept fee simple
title to any portion of the COMMON AREA or subdivision, if DEVELOPER
shall tender a deed of conveyance.
ARTICLE VIII. VIOLATIONS
8.1 In the event of a violation (other than the nonpayment of
an assessment for which remedies are elsewhere provided) by the LOT
OWNER in any of the provisions of the Declaration of Restrictions,
these By-Laws or the Articles of Incorporation of the ASSOCIATION,
-11-
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by direction of the BOARD, the ASSOCIATION may notify the violating
members by written notice of such breach, transmitted by Registered
or Certified Mail, Return Receipt Requested, and if such violation
shall continue for a period of thirty (30) days from the date of the
notice, the ASSOCIATION, through its BOARD, shall have the right to
treat such violations as an intentional and inexcusable and material
breach of the Declaration of Restrictions, the By-Laws, or the
Articles of Incorporation, and the ASSOCIATION may then, at its
option, have the following elections: (i) an action at law to
r.cover for its damage on behalf of the ASSOCIATION or on behalf of
the other membersJ (ii) an action in equity to enforce performance
on the part of the membersJ or (iii) an action in equity for such
equitable relief as may be necessary under the circumstances,
including injunctive relief. Failure on the part of the ASSOCIATION
to maintain such an action at law or in equity wi thin tllirty (30)
days from date of a written request, signed by a member, sent to the
BOARD, shall authorize any member to bring an action in equity or
suit at law on account of the violation.
ARTICLE IX. AMENDMENT TO THE BY-LAWS
9.1 These By-Laws may be amended in the same manner as the
Articles of Incorporation may be amended.
ARTICLE X. RULES AND REGULATIONS
10.1 The BOARD may from time to time adopt and amend previously
adopted administrative rules and regulations governing the details
of the operation and use of the COMMON AREAS, PARKING SPACES,
RECREATION AREA (if any), traffic flow, easement, CANAL EASEMENT and
STREETS, provided, however, that no such rules and regulations shall
conflict with the Declaration of Restrictions, these By-Laws or the
provisions of the Articles of Incorporation, and in the event of any
conflict between the said rules and regulations and the foregoing,
the Declaration of Restrictions and Articles of Incorporation shall
prevail over these By-Laws.
-12-
THE FOREGOING were adopted as the By-Laws of MARINER'S WAY
ASSOCIATION, INC., a not-for-profit corporation, under the laws of
the State of Florida, a1?the first meeting of the Board of Directors
on the d?"~day o~~ ,19SL
-tilt?k-., ~dL&__' ·
ecretary
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PA1.M SEP.CH COUNTY, FU
JOHN B. DUNKLE
CLERK CIRCUIT COURT
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