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LEGAL APPROVAL '/ DOCUMENT BOOK FOR ~ ~- ---- ----------~ - - -- '\ - \ '\ /'.', \~NNJ\~ HO~ES, INC. ',700 Nl.W.'\107th AVENUE MIAMI, FLORIDA 33172 \\\ J .~ , , ORAL REPRESENT A TlONS CANNOT BE REUED UPOM AS CORRECTLY STATING Ti'lE REPRESEN1'ATlONS OF THE DEVELOPER., F OH C'ORRECT REPRESENTATIONS, REFERENCr: ~iHOUI.n i.\E MADE l' 0 THIS OFFERING CIRCULAR l\l'~!... 1'1:": ;,;<P!~1~TS. DECLAi'J..T10N TE!S D:::CL;'.Rl..TION, made on the date hereinafter set forth by Boyntor. Lakes Joint Venture, a Florida joint venture composed of H.M.F. Inves~Dents, Inc. and Florida Properties of Boynton, Inc., both Florida corporatior.s, hereinaf~er referred to as "Developer". WIT N E SSE T H: WI-iEREAS, Developer is the owner of certain property more particularly described in Exhibit "A" attached kereto and by this reference made a part hereof, (hereinafter referred to as "the Property"); and WHEREAS, Developer has established a land use plan for the Property and desires to provide for the preservation of the values and amenities hereby established and as may be established, for the Property and any additional lands hereafter committed to the land use plan and subjected to this Declara- tion by annexation, and to this end does hereby subject the~perty to use covenants, restrictions, easements, reservations, regulations, burdens and liens hereinafter set forth; and NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, Developer hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and liens hereinafter set forth. ARTICLE I DEFINITIONS Section 1. ";'.ssociation" shall mean and refer to the Boynton Lakes North Community Association, Inc., a Florida corporation not-for-profit, its successors and assigns. Section 2. "Articles" shall m~an and refer to the Articles of Incorpo- ration of the Association, its successors and ass~gns, a true copy of ~hich is attached hereto as Exhibit "C" and by this reference made a part hereof. Section 3. "By-Laws" shall mean and refer to the By-Laws which have b~en or shall be adopted by the Association, a copy of which is attached hereto as Exhibit "D" and by this reference made a part hereof. Section 4. "Board" shall r.1can the Board of Directors of the Associa- tion, elected in accordance ~ith the Ey-~~~s of the Association. ~ " .. -" , , . ',( '. ,HT" , . .5e=tic~~ 5. "C-...';-.er" shall r.:eari and refer t,o the record c...T,er, ..'hetr.e= one or more persons or entities, of a fee simple title to any Lot including contract sellers, but excluding those having such interest merely for the performance of ar. obligation. Section 6. "PROPERTY" shall mean and refer to that certain real proper- ty lesally described in Exhibit "A" attached hereto, and such portions of the Undeveloped Parcel as may hereafter be brought within the jurisdiction of the Association by Annexation. Section 7. "Common Open Space" shall mean that portion of the Property and that portion of the Undeveloped Parcel annexed to the Declaration owned or to be owned by the Association fer the common use and enjoytne_nt of the Owners. The Common Open Space to be owned by the Association at the time of conv.!r.~nee-- &f: t=he---first Lot --and'deSt:ribed as follows: TRACTS "A", "B", "C", "D", "E", "F", "G", "H", "I", "J", "K", "L", "M", "0", "p" of BOYNTON LAKES PLAT NO.4 (P.U.D.) according to the Plat thereof, as recorded in ,Plat Book 49 at Pages 179 through 182 of the Public Records of Palm Beach County, Florida. Section 8. "Private Drives" shall mean that portion of the Common Open Space owned or to be owned by the Association for the benefit of the Owners hereinabove defined for common access and ingress and egress. Private drives to be owned by the Association at the time of conveyance of the first Lot is described as follows: TRACT "A", BOYNTON LAKES PLAT NO.4 (P.U.D.) according to the Plat thereof, as recorded in Plat Book 49 at Pages 179 through 182 of the Public Records of Palm Beach County, Florida. Section 9. "Recreation parcels" shall mean and refer to that portion of the Common Open Space to be owned by the Association on which has been or will be constructed recreation facilities and lakes. The Recreation Parcels shall be owned by the Association and shall be used for the common benefi~ and enjoi~ent of the members of the Association, their invitees and guests and shall not be open to the general public. Section 10. "Lot" shall mean a.Qd refer to those Lots described in any Plats of the Property upon which is intended to be located a single family residential dwelling and any additional Lots described in any Plats of the Unceveloped Parcel and Annexed into this Declaration. Section 11. "Unit" shall mean and refer to any structure situate upon a Lot designated and intended for use and occupancy as a residence for a single family. ~e=t~c~ 1:. ":erc Lot ~ine \':all" shall ~ean that ext~ricr.~all c~ a Unit which is constructed on the Lot Line upon which the Unit is constructec. Section 13. "Developer" shall mean and refer to Boynton Lakes Joint Venture, a Florida joint venture composed of H.M.F. Investments, Inc. and Florida Properties of Boynton, Inc., and their successors and such of its assigns, as to which or ~hom the rights of Developer are specif~cally as- signed in an instrument recorded in the Public Records of Palm Beach Coun~y, Florida. Section 14. "Declaration" shall mean and refer to this Declaration. Section 15. "Undeveloped Parcel" shall mean and refer to that land described in Exhibit "B" hereto; which is presently an unimproved parcel of land which Developer may, but is not obligated to develop and by Annexation subject to this Declaration. Section 16. "Annexation" shall mean and refer to the subjecting of any portions of the Undeveloped Parcel to this Declaration, which shall be accomplished by recording an amendment to the Declaration among the Public Records of Palm Beach County. Section 17. "Common Assessment" shall mean the charge against each Lot, representing a portion of the total costs to the Association of owning, maintaining, improving, repairing, replacing, managing and operating the Common Areas and maintenance of the Lots. Section 18. "Stage" shall mean and refer to each separate annexation of any portion of the Undeveloped Parcel. Section 19. "Builders" shall mean any purchaser of one or more Lots from Developer for the construction and sale of Units contained therein. ARTICLE II PROPERTY RIGHTS Section 1. O~~ER'S EASEMENTS OF ENJOYMENT. Except as otherwise pro- vided in Subsection H of this Section 1 of Article II, every Owner shall have a right and easement of enjoyment in-and to the Common Open Space which shall be appurtenant to and shall pass with the-title to every Lot, subject to the . following provisions: A. All provisions of this Declaration, any plat of all or any part or parts of the Property, and the Articles of Incorporation and By-Laws of the Association. B. Rules and regulations adopted by the Association governing the use and enjoyment of the Cor-mon Open Space' 7he risht of the .:'.ssociation to charge r-ec.sc:-.2..~le .:i::....-.:.ssio:-. 3.:1C other fees for the use of the Recreation Parcels; D. The right of the Association to suspend the voting rights of any Owner for any period during which any assessment against his Lot re1!'.ains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulationsi E. The right of the Association to dedicate, sell or transfer all or any part of the Common Open Space to any public agency, authority or utility for such purpose and subjec~ to such conditions as may be agreed to by the members. No such dedication, sale or transfer shall be effective unless an instrument agreeing to such dedication, sale or transfer signed by two-thirds (2/3) of each class of members of the Association has been recorded. F. (1) Developer reserves and retains to itself, its successors and assigns, (i) the title to any closed circuit television system, telecommunications system, master antenna system, and related ancillary services and to the equipment including but not limfted to, conduits, wires, amplifiers, towers, antennae and related apparatus and electronic equipment, both active and passive (the "Central System") in and upon the Common Open Space and a perpetual easement for the place- ment and location of the Central System including, but not limited to conduits, wires, amplifiers, towers, antennae and related apparatus and electronic equipment, both active and passive, and (ii) a perpetual easement fO'r ingress to and egress from the Common Open Space to ser- vice, maintain, install, repair and replace the aforesaid apparatus and equipment; and (iii) the right to connect the Central System to such receiving source as Developer may in its discretion deem appropriate, including, without limitation, companies licensed to provide the CATV service in the City of Boynton Beach, for which service Developer, its successors and assigns or desig~ees shall have the right to charge the Association and/or individual Unit Owners, up?n request, a reasonable fee not to exceed the maximum allowable charge for CATV service to single f~ily residences as charged within the general vicinity. (2) The Unit Owners acknowledge that the Central System described in subsection "I" above, includes, but is not limited to the CATV services as well as the ancillary services which may include security; ~edical and sm~ke and fire alert; information retrieval and so forth. Su=h C~ntral System is offered as part of the t~VelGper's endeavor to provide a total envirorunent to the Unit Owners and enhance the "way-of- life" at the Development. (3) To the extent allowed by law, Developer reserves and retains to itself, its successors, assigns and designees, the right to provide CATV service through the Central System to residences loc~ed outside the development known as Boynton Lakes. Section 2. DELEGATION OF USE. Any Owner may delegate, in accordance with the appropriate By-Laws, his right of enjoyment to the Common Open Space to the members of his family, his tenants or contract purchasers who reside on the Property. Section 3. PERMITTED USES. The Common Open Space shall be restricted to the following uses: A. The Common Open Space, now and forever, shall be restricted hereby such that it shall be maintained as open space for the recrea- tion, use and benefit of the Owners, including, as and for easements and =:a. rights-of-way for the construction, operation and maintenance of utility services, which services include, but are not limited to CATV services as elsewhere provided herein, and drainage facilities, and shall not be used for any commercial or industrial use except as herein described. B. The Private Drives, now and forever, shall be restricted such that they shall be used for the benefit of the Owners as and for common access, ingress and egress and for easements and rights-of-way for the construction, operation and maintenance of utility services, which services include but are not limited to CATV services as elsewhere provided herein, and drainage facilities. The Private Drives shall be kept free and clear of obstructions, except as reasonable for construc- tion, operation and maintenance, traffic and speed control. Section 4. Declarant's Easements of Access. The Developer resen'es for itself and its officers, employees, agents, invitees, contractors and subcontractors and each Builder for proper busines~ purposes, including the construction and sale of Units and other improvements upon the Prc~erty, easements of ingress and egress over and across the Corrmon Open Space. Section 5. Rights of the Property Association. The easements granted herein shall be subject to the right of the Property Association to ~aintain, manage, operate, repair, and to establish uniform and reasonable rules and regulations cQvering the use of the Recreation Par-els and Lakes; f=:~~~e~, ~~~~ver, that ~~e FroFerty Association ~~ DO~ rest~ict the pe~~sns cescribed ~n Section 4 of this Article from the reasonable use of the Recre- ation Parcels in connection with the construction and sale of Units and other i=.prcve~ents upon the Property. Section 6. Easement to Public Rights-of-Way. Notwithstanding ar.y~~ing to the contrary set forth in this Declaration, each Ow~er of a Unit stall have an easement for access to and from his Lot to a public right-of- way over a paved Private Drive. Developer has an absolute obligation to construct all portions of the Private Drives necessary to afford all Unit ow~ers such access. Section 7. Easements for Publi~ service Use and Public Utilities. In addition to the foregoing easements, there shall be and Declarant hereby reserves and covenants for itself and all Owners, easements of ingress and egress over and across the Common Open Space for public services (including, wiL~out limitation, the right of the police and fire department to enter upon any part of the Common Open Space for the purpose of rendering their respec- tive services) and for agents and employees of utility companies servicing the Property. Section 8. Waiver of Use. No Owner may exempt himself from personal liability for assessments duly levied by the Association, or release the Unit owned by him from the liens and charges hereof, by waiver of the use and enjoyment of the Common Open Space or by abandonment of his Unit. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessmen~. Section 2. The Association shall have three (3) classes of voting me~~ership: Class A. Class "An merrbers shall be all Owners with the exception of the Developer and Class "B- members and each Class "A" me6be~ shall be entitled to one vote for each Lot o~~ed. h~en more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. ::.3'=00 3. Class "B" r:ie17~er-s shall co~sist'()f all =ullciers a.nd shall be entitled to one vote for each Lot owned. Upon the transfer of title of any Lot which is held for resale by a Builder, the Class "B" member- ship inter-est appurtenant to such Lot shall automatically be converted to a Class "An membership interest, unless the Lot is reconveyed to the Developer, in which case the membership shall automatically be converted to a Class "c" membership interest or unless 'the Lot, with no Unit built therein, is sold to another Builder with the consent of Developer, in which case the membership shall not convert. Class C. Class "C" member(s} shall be the Developer as defined in this Declaration, and shall be entitled to three votes for each Lot owned. The Class "C" membership shall cease and be converted to Class "A" membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class "A" member- ship equals the total votes outstanding in Class "C" ==-- membership; or (b) on January 1, 1992. ARTICLE IV COVENANT FOR MAINTENANCE Section 1. The Association shall at all times maintain the Common Open Space and the grassed area of each Lot as long as said grassed areas are not " fenced/walled in nor improved by the planting of shrubbery or ground cover. Said maintenance only includes mowing and trimming, it does not include irrigation or fertilization. Section 2. In the event an owner of any Lot shall fail to maintain th~ premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval of two- thirds (2/3~ vote of the Board of Directors, shal~have the right~. through its agents and emDloyees, to enter upon said Lot and to repair, maintain and restore the Lot .. ~ and the exterior of the buildings and any other improver:ients erected thereon. The cost of such maintenance shall be added to and become part of the assess- ment to which such Lot is subject. .~.P7ICLE. V CO~ANT FOR P.AIHTEl,ANCE ASSESSr".ENTS Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSr'~TS. The Developer, for each Lot within the Property, hereby covenants, and each Builder and Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant a~d agrees tQ pay to the Association (i) annual assessments or charges, and (ii) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys fees, shall be a charge on the land and shall be a co~tinuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys fees, shal~ also be the personal obligation of the person who was the Owner of such property at the time the assessment fell du.. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. PURPOSE OF ASSESSMENTS. The assessments levie~by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Property, for the improvement and maintenance of the Common Open Space and the grassed area within each Lot, which is not fenced/walled in or improved by the planting of shrubbery or ground cover. Maintenance of a Lot line includes only the mowing and edging of the grassed area; it does not include irrigation or fertilization. Section 3. DEVELOPER'S ASSESSMENT GUARANTY. The Developer guarantees to initial purchasers of Units in the Project from the Developer or Builders that the monthly assessments due from such purchasers as Owners for items of common expense of the Association will not exceed the amount therefor reflec- ted in the initial budget for the Association which is provided to such purchasers by the Developer or Builder during the calendar year in which a Builder conveys the first Unit in the Property, and thereafter will not exceed 115\ of the amount assessed suchpurchasers~during the prior year, each year thereafter. The guaranty shall be in force only until the earlier of (i) the date upon which a majority of the Board of Directors of the Association are elected by the Class "A" and Class "B" members, or (ii) such earlier date as Developer,elects to terminate this guaranty and pay its proportional share of the assessments for common expenses of the Association based upon the number of Lots o~ncd by the Developer. During the period of ~~~e ~his g~~ranty ~s i~ force anc ef:ect ~~e Developer, as G~ner of such Lots as are o~~ed by it, shall be relieved from the obligation of paying its total pro rata share of assessments for common expenses of the Association, but instead shall pay 25\ of its pro rata share of assessments for each Lot o~~ed by Developer and shall additionally be obligated to pay to the Asso- ciation all sums in excess of sums due from all Owners which are necessary to pay the actual expenses of the Association. After the Developer's guaranty has terminated the maximum annual assessment may be increased each year not more than 15\ above the maximum assessment for the previous year except that the maximum annual assessment may be increased above 15\ by a vote of two- thirds (2/3) of each class of Members who are voting in person o~by proxy a~ a meeting duly called for this purpose.- The Board of Directors may fix the annual assessment at an amount not in excess of the maxim~ Section 4. BUILDERS ASSESSMENTS. Each Builder as a Class "Bit member, for each vacant Lot or a Lot with a Unit which is unoccupied and unsold which is owned by such Builder, shall pay twenty-five (25\) percent of the annual assessment fixed for Class "A" membership. In the event'Deve!eper actually owes deficits as required by Article v, Section 3, Builder shall, in addition to paying 25\ of the annual assessment, reimburse Developer for a pro rata share of said funded deficits based on the percentage of Lots then owned by Builder in the Property at the time the deficits are paid by Developer. Section 5. SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS. In addition to the annual assessment authorized above, the Association, through its Board of Directors, may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repaving, repair or replacement of a capital improvement upon the Common Open Space, including fixtures and personal property related thereto, if any, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of rnerrbers who are voting in person o~ by proxy at a meeting duly called for this purpose. Section 6. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED L~~ER SECTION 3 AND 4. Written notice any meeting called for the purpose of taking any action authorized under Section 3, Section 4 and Section 5 shall be sent to all members not less than thirty (30) days, nor more than sixty (60) days in " advance of the meeting. At the first such meeting called, the presence of ~embers or proxies entitled to cast sixty percent (60\) of all the votes ob ~~C~ C~~55 c: ~s~bership shall co~s~i~u~e a quorum. If the required auorum is not present, another meeting may be called subJect to the same notice requirement, and the required quorum at the subsequent meeting shall b€ one-half (1/2) of the votes of each class of membershiF~ No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. RATE OF ASSESSMENT. Both annual 'and special assessment~ must be fixed at a uniform rate for all Lots, except as set forth in Section~ 3 and 4 of this Article V. Section B. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES. The annual assessments provided for herein shall commence as to all Lots initial- ly subjected to this Declaration, on the first day of the month following- conveyance of the Common Open Space.- The annual assessments provided for herein on each stage of the Undeveloped Property annexed hereto, shall commence on the first day of the month following annexation of that parti- cular stage. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors - ~~ '- shall fix the amounts of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The assessments, at the election of the Association, may be collected on a monthly basis. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certifi- cate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. The Association may delegate to a mortgage company or financial institution responsibility fo~ collection of assessments.. Section 9. EFFECT OF NON-PAYMENT OF ASSESS~~T; RL~~DIES OF THE ASSO- CIATION. Any assessment not paid within thirty (30) days of the due date shall bear interest from the due date at the rate of fifteen (15\) percen~ per annum, but in no event more than the maximum amount allowed by law. The Assasiation may, at its election, bring an action at law against the Owner personally obligated to pay the same and/or foreclos,e the lien against the Property. See'::::=-: 10. SGBC;?l)I~~.;TIO~ OF TE~ I..IE:N TO !.:tJPTG.;GES. ':'he lien 0: L~e assess~e~ts provided for herein shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and said first mortgage secures an indebtedness which is amortized on monthly or quarter-annual pai~ents over a period of not less t~han ten (10) years. The sale or transfer of any Lot pursuant to the fore- closure or any proceedings in lieu thereof of a first mortgage meeting the above qualifications', shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or tran~ fer shall relieve such Lot from liability for any assessments thereafte~ becoming due or from the lien thereof~ Section 11. DAMAGE TO COl1MON OPEN SPACE BY OWNERS. The foregoing maintenance, repairs or replacements within the Property arising out of or caused by the ~illful or negligent act of the Owner, his family, guests or invitees shall be done at the said Owner1s expense or a special assessment therefore shall be made against his Unit. - ~'- -, Section 12. EXEMPT PROPERTY. The Board of Directors shall have the right to exempt any of the Property subject to this Declaration from the assessment, charge and lien created herein, provided that such part of the property exempted is used (and as long as it is used) for any part of the following purposes: A. Any easement or other interest therein dedicated and accepted by the local public authority and devoted to the public use; . B. All the Cornmon Open Space as defined in Article I hereof; Notwithstanding any provisions herein, no Unit shall be exempt from said assessments, charges or liens. Section 13. CUMULATIVE REHEDIES. The assessment liens and the rights to foreclose and sale thereunder shall be in ~ddition to and not in substitution for all other rights and remedies which the Association and its assigns may have hereunder and by law, including a,suit to recover a money judgment for unpaid assess~ents, as above provided. ARTICLE VI ANNEXATION AND CONVEYANCE OF CO~,'-'-\ON OPEN SPACE section 1. ANNEXATION AND DEVELOP~~NT. Any portion of or all of the Undeveloped Parcel which is described in Exhibit "B" attached hereto may be -. 2~~exed =:- t~e Qevelcper 1~ ~~ole or i~ ~art ~ithout the co~s~~~ of ~e~~=s within five (5) years of the date of this instrur..ent. Annexations, if any, shall become effective upon the recording of an amendment to the Declaration in the Public Records of Palm Beach County, Florida. Section 2. CONVEYANCE OF CO~~ON OPEN SPACE TO THE ASSOCIATION. At such time ~~at Developer or a Builder closes title' to the first Unit in the Property, Developer shall be obligated to convey title to all of the Common Open Space located in the Property to thei Association, which shall be obli- gated to accept such conveyance (and the conveyances described hereinbelow). Thereafter, those portions of the Common Open Space located within the Undeveloped Parcel presently owned by Developer are to be conveyed to the Association at such times as Developer or a Builder closes title to the first unit in each of the future Stages in which the Common Open Space are located, provided, how~ver, Developer shall not ,be obligated to develop or annex the real property described in Exhibit "B". Section 3. OTHER ANNEXATION. Residential property, cornmon area and - , recreational facilities may be annexed to the property with the consent of two-thirds (2/3) of each class of members of the Association. Such annexa- tion shall become effective upon the recording of an amendment to this Declaration in the Public Records of Palm Beach County, Florida. As long as there is a Class "C" membership or as long as either the Federal Housing Administration or the Veterans Administration has an interest in the Proper- ty, the annexation of properties hereto will require the prior approval of either the Federal Housing Administration or the Veterans Administration. ARTICLE VII LAND USE RESTRICTIONS As long as there is a Class "C" membership, the Developer Shall have the right, from time to time to file land use restrictions applicable to annexed properties that are not in conflict with the provisions hereof. However, as long as either the Federal Housing Administration ?r the Veterans A~~ini- stration has an interest in the, Property, any amendment to the land use restrictions applicable to the Property or any properties annexed thereto, wilY require the prior approval of the Federal Housing h~~inistration or the Veterans hdministration. ~ .:'.i-IICLE VIII ARCHITECTURAL CmlTROL NO building, fence, wall or other structure shall be commenced, erected or oaintained upon the Property nor shall any exterior addition or change or alteration therein including a chang~ of the building exterior paint color be made, until the plans and specifications sho~ing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to the harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives appointed by the Board. In the event saia Board or its designated committee, fails to approve or disapprove such design and location wLthin thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with_ Nothing contained herein shall relieve the Owner from the responsibility of obtaining proper governmental approvals and permits. - '- ARTICLE IX MAINTENANCE OF EXTERIOR OF OWNERS PROPERTY In the event an Owner of any Lot in the Property shall fail to maintain the exterior of his premises and any other improvement~ situated of said Lot in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior mainten- ance shall be assessed against the subject Lot and such assessment shall be a charge on the .land and shall be a continuing lien upon the Lot. Non-payment of such assessment within thirty (30) days from the due date rr~y result in foreclosure of the lien or an action at law against the owner(s) of the Lot. ARTICLE X UTILITY SERVICE Easements may be granted by the Association for utility purposes in accordance with the requirements of this Declaration. -" r.RTICLE XI ZERO Lor LINE WALL EASEHENTS, ENCROACHY.ENTS, !-'J..INTEN;"NCE AND REPAIR Section 1. ENCROACHMENT EASEMENTS. An exclusive easement for the unintentional encroachment by any Zero Lot Line Wall upon the Lot contiguous to the Zero Lot Line Wall for any reason not caused by or resulting from the willful act of Developer, Builder or any Unit Owner(s), including without limitation, encroachments caused by or resulting from the original construc- tion of improvements, which exclusive easement shall exist at all times during the continuance of such encroachment, as an easement appurtenant to the encroaching Unit or other improvement, to the extent of such encroach- mente In some areas, the roof of a Unit may overhang the Lot lines of 'the Lot on which said Unit is located. The Developer specifically reserves on behalf of itself and all Units, an encroachment easement for any such roof overhang for the benefit of the Owner of any such Unit. Additionally, there is, reserved a drainage easement from the overhanging roof onto the adjoining' Lot. - ~'- ., section 2. MAINTENANCE AND REPAIR. Maintenance of a Zero Lot Line Wall shall be the obligation of the Owner of the Zero Lot Line Wall. The Owner shall have an easement over the adjoining Lot, as set forth in Section 3 of this Article XI, in order to maintain said Zero Lot Line Wall. In no event shall any Owner cut a window or any opening in the Zero Lot Line Wall. Nor shall any Owner make any structural changes in the Zero Lot Line Wall, including, but not limited to, change of paint color, without the express ," written approval of the Association. In the event the Board of Directors of the Association shall determine that the Zero Lot Line Wall has been damaged by the adjacent Lot Owner, that Owner shall be responsible for repairing such damage in a timely manner and in accordance with the standards established by the Board. In the event such repair is not so accomplished by said adjacent Owner, within thirty (30) days, unless extended by the Board of Directors, the Association shall have the right at reasonable. times to enter the adja- cent Lot to effect such repair, and the cost thereof shall be charged to the adjacent Lot ~ner, and if not paid in a timely manner, shall become a lien on such adjacent Lot. section 3. MAINTENANCE EASEHENTS. Developer hereby grants to each, Lot Owner with a Zero Lot Line Wall, a maintenance easement over the Lot . -" adjoining the Owner's Zero Lot Line Wall for the maintenance of said Zero Lot Llne ~all and any ~lng wall attached thereto. The easement shall be four (~l feet in width and shall be immediately contiguous to the Zero Lot Line Wall'J and shall run th~ length of the Lot on which the easement exists;4 No struCL tures, walls, fences, or trellis' shall be constructed in the easement are., and nothing shall be placed within the entire easement area which would block access to the Zero Lot Line Wall or which would in any way interfere with. easement holders' ability to maintain the Zero Lot Line Wall. If a fence or wall is construed in the easement area blocking access to the Zero Lot Line Wall, a door shall be constructed in such ~all or fence to give access to the holder of the easement. The Lot Ow~er in whose favor the easement exists shall have the right to enter upon the easement area in order to perfcrm work relating to the maintenance of the Zero Lot Line Wall and any wing wall attached thereto. ARTICLE XII PARTY WALLS AND FENCES Section 1. Each wall which is built as a part of the original construc- tion of the units within a grouping of attached Units and placed on the - .".~- ., dividing line between two or more Units shall constitute a party wall, and each fence which is built as a part of the original construction of the Unit and placed on a property line between two units shall constitute a party fence, and to the extent not inconsistent with the provisions of this Arti- cle, the general rules of law regarding party walls and liability for proper- ty damage due to negligence or willful acts or omissions shall apply thereto. Section 2. The cost of reasonable repair and maintenance of a party wall and/or party fence shall be shared by the Owners who make use of the wall and/or fence in proportion to such use. Section 3. If a party wall and/or party fence is destroyed or damaged by fire or other casualty, any Owner who has used the wall and/or fence may restore it, and if the other Owners thereafter make use of the wall and or fence, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the rigryt of any such Owners to call for a larger contribution from the others under any rule of law regard- ing liability for negligent or willful acts or omissions. _~ection 4. Notwithstanding any other provision of this Article, an Owner who, by his negligent or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary pro- tection against such elements. Sec:~:'..c:-: S. The risht of any C"..;ner to cO:1tribution frc:n any oth~r C"..;r.er under this Article shall be appur~enant to the land and shall pass to such ~~er's successors in title. Section 6. In the event of any dispute arising concerning a party wall and/or party fence under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE XUI INSURANCE Section 1. WAIVER OF SUBROGATION. As to each policy of insurance maintained by the Association, which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Ow~ers, the Management Company, Developer, and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by said persons, but only to the extent that insurance proceeds are received in "",,- '- compensation for such loss. Section 2. LIABILITY AND OTHER INSURANCE. The Association shall obtain and maintain public liability insurance in such limits as the Board of Directors may, from time to time determine, covering each member of the Board of Directors of the Association, each Unit Owner, the Developer and the Management Company. Such public liability coverage shall also include, if obtainable, a cross-liability endorsement insuring each insured against liability to 'each other insured. Notwithstanding the foregoing, so long as the Developer owns the Common Open Space, said public liability insurance shall be in a single limit of not less than $2,000,000 covering all claims for personal injury or property damage arising out of the oC~urr~nce. The Board may also obtain such errors and omissions insurance, indemnity bonds, fidelity bonds and other insurance as it deems advisable, insuring the Board against any liability for any act or omission in c~rrying out their obliga- tions hereunder, or resulting from their merrbership on the Board or on any co~ittee thereof. Premiums for all such insurance carried by the Associa- tion~shall be part of the Common Expense. -' -;'.RTlCLE XIV MOR7GAGEE PROTECTION The follo~ing provisions are added hereto (and to the extent these added provisions conflict with any other provisions of the Declaration, these added provisions shall control): (a) Each first Mortgagee of a Mortgage encumbering any Unit, at his request, is entitled to written notification from 'the Association of any default by the Mortgagor of such Unit in the performance of such Mortgagor's obligations under this Declaration, the Ar~icles of Incorporation of the Association or the By-Laws of the Association, which default is not cured within thirty (30) days after the Association learns of such default. (b) Each first Mortgagee of a Mortgage encumbering a Unit which obtains title to such Unit pursuant to the remedies provided in such Mortgage or by foreclosure of such Mortgage, shall take title to such Unit free and clear of any claims of unpaid assessments or charges against such Unit which accrued prior to the acquisition of title to such Unit by the Mortgagee. (e) Unless at least seventy-five (7S\) percent of the first Mortgagees - ~- ., (based upon one vote for each Mortgage owned), and 75\ of the Owners (other than Developer) have given their prior written approval, neither the Associa- tion nor the members thereof shall: (i) fail to maintain fire and extended coverage on insurable Common Open Space on the current replacement cost basis in an amount less than one hundred (IOO\) percent of the insurance value (based on current replacement cost) less such reasonable deductions as the Board may deem appropriate; , (ii) use hazard insurance proceeds for losses to any of the Pro- perty for other than the repair, replacement or reconstruction of such improvements; or (iii) amend this Declaration or the Articles of Incorporation or By-Laws of the Association in such a manner that the rights of any first Mortgagee will be affected. (d) First Mortgagees shall have the right to examine the books and records of the Association during normal business hours. ~(e) First Mortgagees may, jointly or singly pay taxes or other charges which are in default and which mayor have become a charge against any COU-Don Cpen Space facilities and may pay any overdue premiums on hazard insurance ~~licies, or secure new hazard insurance coverage on the lapse of a policy, :c:' s'..;ch ;::~::=:-~y, .:ir'.d first r'lor-tgagees making~ such pa:,"""ents shall be owec i~~ediate re~~~u~sement therefor from the Association. ARTICLE XV GENERAL RESTRICTIONS Section 2. CONDITION OF BUILDING GROUNDS. It shall be the responsi~ bility of each Owner to prevent the development of any unclean, unsightly ~ unkept conditions of building or grounds on such Lot which shall tend t~ substantially decreaseth~ beauty of the ~roperty as a whole or a specifi. a,rea. Section 2. LAND USE. No Lot shall be used except for residential- purposes. No noxious or offensive activity shall be carried on upon-any Lot nor shall anything be done thereon tending to cause embarrassment, discom- fort, annoyance, or nuisance to the Property. There shall not be maintained any plants or animals, or device or th~ng of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may dismay or destroy the enjoyment of other property in the - ~_. '- neighborhood by the Owners thereof and, further, all domestic animals shall either be kept on a leash or kept within an enclosed area. Section 3. INSECT AND FIRE CONTROL. In order to implement effective insect, reptile and woods fire control, the Association shall have the right to enter upon any lot on which a residence has not been constructed and upon which no landscaping has been implemented (with prior written approval of the Association for such plan), such entry to be made by personnel with tractors or other suitable devices, for the purposes of mowing, removing, clearing, cutting or pruning underbrush, weeds or unsightly growth, which in the opinion of the Association detracts from the overall beauty, setting and safety of the Property. Such entrance for the purposes of mowing, cutting, clearing or pruning shall not be deemed a trespass. The Association and it's agents may likewise enter upon land to remove any trash which has collected on such Lot without such entrance and removal being dee~ed a trespass. The provisions of this Section 3 shall not be construed as an obligation on the part of the Association to mow, clear, cut or prune any Lot nor to provide gar~~ge or trash removal services. Section 4. WATER AND SEWAGE FACILITIES. No individual water supply system or individual sewage disposal system shall be permitted on any Lot. The above does not restrict the right of an ~Nner to install, operate and ~aintain a ~ater well on the rr~~ises for the use only for s~i~ing pools and irrigation p~r?oses. Section 5. SIGNS. No commercial signs shall be erected or maintained on any Lot, with the except ion of "For Sale" signs which shall not exceed twenty-four (24) inches by twenty-four (24) inches which are to be displayed - only inside a window of a house and 'at no other loc~tion on the Lot, except when the respective dwelling is "open for inspection" and the particula~ Ow~er's representative is in attendance. This Section 5 does not apply to the Developer, Builders or their agents who shall and do have the right to erect and maintain signs advertising Boynton Lakes of such size as they may deem necessary. section 6. PARKING. No truck or van with more than a three-quarter ton. capacity, no commercial vehicles, no house or travel trailer, motor home, camper, boat or boat trailer shall be parked in the Project except that any of the above may be parked in a garage so long as the garage door is kept in a fully closed position while the vehicle is in said garage and boats with an overall length of under 24 feet may be parked in the fenced rear/side yard of a Unit and must be on a boat trailer. The .term "commercial vehicle" shall , include but not be limited to all automobiles, trucks and vehicular equipment including station wagons, which bear signs or shall have printed on the sides of same reference to any commercial undertaking or enterprise. Commercial - vehicles in the process of loading and unloading shall not be considered parked so long as they are not kept in the Project overnight. Except as set forth above, no vehicle of any kind shall be parked in the Common Open Space or on any part of any Lot except in the driveway or garage. Section 7. EASEMENTS AND UTILITIES. Perpetual easements for the installation and maintenance of utilities and drainage facilities as shown on said plates) for the Property filed in the public records of Palm Beach County, Florida are hereby reserved. No structure shall be erected, placed or permitted and no alterations shall be made or permitted on the Property within the easement area. No Owner shall in any w~y hinder the surface of subsurface drainage of the Property within a drainage easement. No utility improvement, drainage structure, water and sewer line within any street rig~~-of-way or easement area shall be removed or altered for any purpose without the specific written consent of the Developer. Such consent of the Developer shall be contingent upon prior approval by all applicable govern- ment regulations. Sectio~ 8. STORt,GE RECEPT"CLES. No fuel tanKs, oil tanks, bcttlec sas , tanks, water conditioners, soft water tanks, s~i~ing pool filters, air conditioners and similar structures or storage facilities rr~y be exposed to public vie~ and may be installed only within the main dwelling house, the accessory building, or within a screened area. Section 9. TEMPORARY STRUCTURES, FACILITIES AND PARKING. No structure of a teffiporary character shall be placed in the Property or additions to the Property at any time, provided, however, that this prohibition shall not a?ply to shelters used by Developer, Buil~ers or their agents during the construction and sale of Units in the Property, it being clearly understood that these latter temporary shelters may not, at any time, be used as resi- dences nor permitted by Developer, Builders or their agents to remain on said property after completion of construction of all of the Units in the Proper- ty. This prohibition shall apply to all tents, trailers, campers and the like. Temporary parking only for the specific purpose of loading or unload- ing a recreatibn vehicle, boat, camper and/or trailer shall be allowed for a period not to exceed twenty-four (24) hours. Section 10. ANIMALS AND PETS. No animals, livestock and/or poultry of any kind shall be raised, bred or kept on any Lot except that cats, dogs and other household pets may be kept provided they are not bred or maintained for any commercial purposes. Section 11. FENCES AND WALLS. Fencing or walls shall not be allowed to be constructed on any Lot unless specifically approved by the Association or Architectural Control Committee, except that Developer or Builders may build a fence or wall without the approval of the Association or the Architectural Control Committee, if appurtenant to the original construction of a Unit. All fences which utilize posts and stringers shall be constructed in such a manner that the post and/or stringer is to be concealed from view of the street or any adjacent Lot. In any case, no fence shall be closer to the street than the front building line. Section 12. GARBAGE AND TRASH DISPOSAL. AII.trash, garbage and other waste shall be kept in sanitary containers, and shall be kept within an enclosure or properly screened area so as to be out of sight from the front or side streets. Section 13. SIGN DISTANCE AT INTERSECTIONS. No fence, wall, hedge, or shrub planting which obstructs sight lines and elevations between two and six feet above the road~ay shall be placed or permitted to remain on any corner ~~t ~it~in ~~e ~rian9le area for~ed by the street property lines and the line ccnnecting ~hem at points twenty (20) feet from the intersection of the street lines, or in a case of a rounded property corner from the intersection of the property lines extended. The s~e sight line limitation shall apply on any Lot within ten (10) feet from the intersection of the street property line and the edge of the driveway. No trees shall be planted within such distances of such intersections unless the foliage line is maintained a sufficient height to prevent obstruction of such sight lines. ARTICLE XVI GENERAL PROVISIONS Section 1. ENFORCEMENT. The Association, or any Owner, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner t~ enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. - ~Z Section 2. SEVERABILITY. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. AMENDMENT. The covenants and restrictions of this Declar- ation shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be auto- matically extended for successive periods of ten (10) years. This Declar- ation may be 'amended during the first twenty (20) year period by an instru- ment signed by the Owners of ninety percent (90\) or more of the Lots, and thereafter by an instrument signed by the Owners of seventy-five percent (75\) or more of the Lots. Notwithstanding the above, any amendment affect- ing the maintenance provisions hereof or the lien for such maintenance must be approved by the County Attorney of Palm Beach County, Florida. Section 4. FHA/VA APPROVAL. As long as there is Class B Membership, the following actions will re~uire the prior approval of the Federal Housing Administration or the Veterans Administration, when either of such entities has ~n interest: (a) annexation of additional properties not part of the Undeveloped Parcel, (b) dedication of Common Open Space or Private Drives, (c) mergers and consolidations, (d) mortgaging of Co.:~on Open Space, (e) an s..;:-,2:1G..-:-.ent 0: t.his Declaration, ;:""hich are not anl:ic:"ul ties, "scrl ':r::F~t"S errors", and (f) dissolution of the Association. IN WI~:ESS WHEREOF, the undersigned, being the Developer herein, has hereunto executed this Declaration this. day of 1985. BY: BOl"NTON LAY-ES JOINT VENTURE Signed, sealed and delivered in the presence of: By: FLORIDA PROPERTIES OF BOYNTON, INC. By: vice President Attest: Asst. Secretary By: H. M. F. INVESTMENTS, INC. By: vice President Attest: Asst. Secretary ~'- ", STATE OF FLORIDA COUNTY OF DADE The foregoing Declaration was acknowledged before me this day of , 19____, by M. E. SALEDA and MORRIS J. WATSKY, Vice President and Assistant Secretary, respectively, of Florida Properties of Boynton, Inc.,on behalf of the corporation. Notary Public, State of Florida My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing Declaration was acknowledged before me this day of , 1985, by and , Vice President and Secretary, respectively, of R.M.F. Investments, Inc., on behalf of the corporation. Notary Public, State of Florida My Cor.~ission Expires: -. LEGAL DESCRIPTION Lots 5 through 8 inclusive, Block 3 of the" unrecorded plat of BOYNTON LAKES PLAT NO.5 (P.U.D.), located in Palm Beach County, Florida; and Lots 8 through 13 inclusive, Block 13 of BOYNTON LAKES PLAT NO. 4 (P.U.D.), according to the Plat ther~of, as recorded in Plat Book 49 at Pages 179 - 182 of the Public Records of Palm Beach County, Florida, and Tracts A, B, C, D, E, F, G, H, 1, J, ~, L, M, 0, P of BOYNTON LAKES PLAT NO. 4 (P.U.D.) according to the Plat thereof, as recorded in Plat Book 49 at Pages 179-182 of the Public Records of Palm Beach County, Florida. - ~~ " J::XliIC\lT "Aft TO DF:CU\RATION u:mEVELOPED PARCEL LEGAL DESCRIPTION BO~~N LAKES PLAT NO.4 (P.U.D.), according to the Plat thereof, as recorded in Plat Book 49 at Pages 179-182 of the Public Records of Palm Beach County, Florida; and - ., KNO''': All MEN BY THESE PRESENTS THAT FLORIDA PROPERTI ES OF BOYNTON, I Ne. AND H.M.F'. INVESTMENTS, INC., FLORIDA CORPORATIONS, OWNERS OF THE lAND SHOWN AND DESCRIBED HEREON, BEING IN SECTION 8~ TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, flORIDA, AND SHOWN HEREON AS "BOYNTON lAKES - PLAT NO. 5, A~D BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING.AREPLAT OF TRACT "Q", A PORTION OF BOYNTON LAKES - PLAT NO.4, AS RECORDED IN PLAT ~OOK 49, PAGES 179 THRU 182 OF THE PUBLIC RECORDS OF PALM BEACH COUNTl, FLOR IDA. "- . , . - . ." . ...... BEGINNIN~~~T THE NORT~WEST~"CORNER ,OF BOYNTON LAKES PLAT NO.4, AS RECORDED IN P~T ~00K.49, PAGE 17~'THRU 182 OF.: THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIOA; THENCE ALONG THtEAST RIGHT OF WAY LINE OF CONGRESS AVENUE HAVING A BEARING OF NORTH" & ~ 031.:.31- ,'EAST j."~ DISTANCE OF 110.75 FEET; THENCE NORTH 80 11' 29- WEST, A DISTANCE OF"rl.O.93 FEET;.THENCE NORTH 10 03' 59- WEST, A DISTANCE OF 573.58 FEET TO A POINT; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 5789.58 FEET, A CENTRAL ANGLE O~ 30 16" 56-, AND AN ARC LENGTH OF 331.75 FEET TO A POINT: THENCE WITH A BEARING OF NORTH 850 10' 24" EAST, ALONG A LINE LYING 665.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SECTION 8, A DISTANCE OF 861.61 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BOYNTON lAKES BLVD., AS RECORDED IN BOYNTON LAKES PLAT NO.4, IN PLAT BOOK 49. PAGES 179 THRU 182, OF THE PUBLIC RECORDS OF PALH BEACH COUNTY, FLORIDA; THENCE WITH A BEARING OF SOUTH 40 49' 36- EAST, ALONG THE EAST RIGHT OF WAY LINE OF BOYNTON lAKES BLVD., A DISTANCE OF 30.00 FEET; THENCE WITH A CURVE TO -THE LEFT HAVING A RADIUS OF 270.00 fEET, A CENTRAL ANGLE OF 540 02' 46-, AND AN ARC LENGTH OF 254.69 FEET; THENCE WITH A BEARING-OF SOUTH 580 52' 22- EAST, A DISTANCE OF 227.00 FEET;" THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 240.00 FEET, A CENTRAL ANGLE OF 900~00" 00" AND AN ARC LENGTH OF 376.99 FEET TO A P01NT; THENCE WITH A BEARING OF SOUTn 310 07" 38- WEST, A DISTANCE OF 663.39 FEET; THENCE WITH-A CURVE TO THE LEFT HAVING A RADIUS OF 610.00 FEET, A CENTRA~ ANGLE OF 140 23' 24", AND AN ARC LENGTH OF 153.20 FEET; THENCE WiTH A BEARING OF SOUTH 590 51' 21" WEST, A OISTANCE OF 41.01 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF REDFORD DRIVE; THENCE WITH A BEARING OF NORTH 710 01' 32" WEST, ALONG THE NORTH RIGHT OF WAY lINE OF REDFORD DRIVE, A DISTANCE OF 182.21 FEET; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS Of 848.00 FEEl,. A CENTRAL ANGLE OF 150 12' 3r. A.~D AN ARC lE~GTH OF 225.10 FEET TO A POINT; THENCE NORTH 610 47' 45" WEST, A DISTANCE OF 72.83 FEET; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 231.95 FEET, A CENTRAL ANGLE OF 290 15' 00-, AND AN ARC LENGTH OF 118.41 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 880 56' 01" WEST, A DISTANCE OF 199.00 FEET; THENCE WITH A BEARING OF NORTH 460 03' S9" WEST, A DISTANCE OF 40.64 FEET MORE OR LESS TO THE_POINT Of BEGINNING. CONTAINING 31.551 ACRES, MORE OR LESS AND SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. ALSO ALL THAT PART Of TRACT Q ~HICH IS A PORTION OF BOYNTON LAKES PLAT NO.4, AS RECORDED IN PLAT BOOK 49, PAGE 179 THRU 182 OF THE PUBLIC RECORDS OF PAlH BEACH COUNTY, fLORIDA. CO~HAtrl1t1G 0.892 ACRES, MORE OR LESS, A~m SUBJECT TO (ASEM[tHS Arm RIGHTS or" '..:AY Of RECORD.:: E\HI8IT "8" TO DECL.;f\..;TJON :' . ',~ 1 ,-, f 2 and: KNOW ALL MEN BY TIiESE PRESENTS THAT FLORIDA PROPERTI ES OF BOYNTON, INC. AND H.M.F. INVESTMENTS, INC., FLORIDA CO~PORATIONS, a~NERS OF THE LAND SHOWN AND DESCRIBED HEREON, BEING IN SECTION 8~ Ta~NSHIP 45 SOUTH, RANGE 43 EAST, PALM ~EACH COUNTY, fLORIDA, AND SHOWN HEREON AS "BOYNTON LAKES - PLAT NO.6, A~D BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~'- ., " A PARCEL Of LAND LYING IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLQR~D~j SAID PARCEL BEING HaRE PARTICULARLY DESCRIBED AS FOLLO~' .. _<III'-.. I BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE Of HYPOLUXO ROAD AND THE EAST RIGHT OF WAY LINE OF BOYNTON LAKES BLVO. AS RECORDED BY THE PLAT OF BOYNTON LAKES PLAT NO: 4; IN PLAT BOOK 49, PAGE. 179-182 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;-THENCE WITH A BEARING OF NORTH 850 10' 24" EAST; ALONG THE SOUTH RIGHT OF WAY LINE OF HYPOLUXO ROAD SAID LINE LYING 28.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SECTION 8, A DisTAUCE OF 1458.22 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 010 19' 30" E~ST,' A DISTANCE OF 1600.49 FEET TO THE CENTERLINE OF LAKE WORTH DRAINAGE DISTRICT CANAl E-4; THENCE WITH THE FOLLOWING COURSE OF SOUTH 250 38' 29M WEST, ALONG THE CENTERLINE OF THE E-4 CANAL AS DESCRIBED IN O.R. BOOK 3030, PAGE 1930 'OF THE PUBLIC RECORDS OF PAlM BEACH COUNTY, FLORIDA, A DISTANCE OF 272.55 FEET TO A POINT ON THE NORTH LINE OF THE PLAT OF BOYNTON LAKES PLAT NO.4, AS RECORDED IN PLAT BOOK 49, PAGE 179-182 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, flORIDA; THENCE ALONG THE NORTHERLY LIMITS OF THE AFOREl'4HITlO"fED PLAT OF BOYNTON lAKES PLAT NO.4, THE FOlLOWING COURSE AND DISTANCES: THENCE NORTH 640 21' 31" WEST t A DISTANCE OF 175.00 FEET; THENCE NORTH 250 38' 29" EAST, A DISTANCE OF 15.85 FEET; THENCE NORTH 640 21' 31. WEST, A DISTANCE OF 104.00 FEETi THENCE WI~ A CURVE TO THE RIGHT HAVING'A RADIUS OF 227.00 FEET, A CENTRAL "ANGL~ OF" 250 38' 28", AND AN ARC lENGTH.OF 101.59 FEET; THENCE NORTH 380 43' 03. WEST, A DISTANCE OF 119.34 FEET; THENCE WITH A CURVE TO THE LEFT HAVING k RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 720 13,' _10", AND AN ARC LENGTH OF 31.81 FEET; THENCE WITH A REVERSE CURVE TO THE RIGHT HAYING A RADIUS OF 224.00 FEET. A CENTRAl ANGLE OF 190 021 20", AND AN ARC LENGTH OF 14.43 FEET.; THENCE SOlITH 110 00' DO" WEST. A DISTANCE OF 95.65 FEET; THENCE NORTH 790 DO' 00" WEST, A DISTANCE OF 115.75 FEET; THENCE WITH A CURVE TO THE RIGHT HAYING A ~~DIUS OF 314.00 FEET, A CENTRAL ANGLE OF 760 53' 44", AND AN ARC LENGTH OF 421.41 fEET; THENCE WITH A BEARING OF SOUTH 860 OZ' 55" WEST, A DISTANCE OF 10.35 FEET TO A POINT ON THE RIGHT OF WAY LINE OF BOYNTON LAKES BLVD.; THENCE WITH A CURVE TO THE LEFT, HAVING A CHORD BEARING OF NORTl{ 28G 38' 43. WEST, HAVING A RADIUS OF 320.00 FEET, A CENTRAL ANGLE OF"600 27' 19.. AND AN ARC LENGTH OF 337.65 fEET; THENCE ,NORTH 580 52' 22" "WEST, A DISTANCE OF 227.00 FEET;' THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 190.00.FEET, A CENTRAL ANGLE OF 540 02' 46., AND AN ARC LENGTH OF 179.22 FEET TO A POINT; THENCE NORTH 040 49' 36" WEST, A DISTANCE OF 642.00 FEET; THENCE NORTH 400 10' 24M EAST, A DISTANCE OF 35.36 FEET MORE OR lESS TO THE POINT OF BEGINNING. .- . CONTAINING 46.706 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD.' ' LESS AND EXCEPT: Lots 5 through 8 inclusive, Block 3 of the unrecorded plat of BOYNTON LAKES PLAT NO.5 (P.U.D.), located in Palm Beach County, Florida; and Lots 8 through 13 inclusive, Block 13 of BOYNTON LAKES PLAT NO. 4 (P.U.D.), according to the Plat thereof, as recorded in Plat Book 49 at pa~es 179 - 182 of the public Records of Palm Beach County, Florida, and Tracts A, B, C, D, E, F, G, H, I, ~, ~, L, H, 0, P of BOTI~TON LAKES PLAT NO.4 (P.U.D.) according to the plat thereof! as recorded in Plat Book 49 at Pages 179-182 of the Public Records of Palm Beach County, Florida. EXH I B IT "Bit TO Dr~CU.R,.'...TION .... 2 ,'f 2 ARTICLES OF INCORPORATION OF BOYNTON LAKES NORTH CO~ruNITY ASSOCIATION, INC. Pursuant to the provisions of Chapter 617, Florida Statutes, I, the undersigned natural person competent to contract, -acting as incorporator of a cOrPOration not-for-profit, hereby adopt the following Articles of IncorPO- ration: ARTICLE I NAME The name of the corporation is the BOYNTON LAKES NORTH COr~ITY ASSOCIATION, INC., hereinafter referred to as the "Association~~ ARTICLE II PRINCIPAL OFFICE The principal office of the Association is located at 700 N.W. 107 - ...'- ., Avenue, Miami, Florida 33172. ARTICLE III REGISTERED AGENT MORRIS J. WATSKY, whose address is 700 N.W. 107 Avenue, Miami, Florida 33172, is hereby appointed the initial registered agent of this Association. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific pUrPOses for which it is formed are to provide for maintenance and preservation of the residence Lots, and the architectural control of the residence Lots (all as defined in the Declara- tion referred to hereinafter) within all of the pr?perty within the jurisdiction of the Association, and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association, and in furtherance of these purposes, to: -' F:-:II J PdT "e" TO DFC1'..?,\TJON .~z (a) exercise all of the powers and privileges and to perform all of the d~ties and obligations of the Association as set forth in that certain Declaration hereinafter and above called the "Declaration", applicable to the property and recorded or to be recorded in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, and as the same may be amended from time to time as-therein provided, said Declaration being incorporated herein as if set forth at length; (b) fix, levy, collect and enforce payment of, by any lawful me~~s, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) borrow money, and with the assent of two-thirds (2/3) of each class of members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) participate in mergers and consolidation with other non-profit corporations organized for the same purposes or annex additional resi- dential property other than the Undeveloped Parcel, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members; (f), have and to exercise any and all powers, rights and privileges which a corporation organized under Chapter 617, Florida Statutes, by law may now or hereafter have and exercise. ARTICLE V MEMBERSHIP ~ Each Lot which is subject by covenants of record to assess~ent by the Association shall have appurtenant thereto a membership in the Association, which membership shall be held by the person or entity, or in cOu~on by the persons or entities, owning such unit, except that no person or entity holding an interest or title to a unit as security for perfo~.ance of an obligation shall acquire the membership appurtenant to such Lot by virtue of such interest or title. In no event may any membership be severed from the Lot to which it is appurtenant. ARTICLE VI VOTING RIGHTS The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Developer and shall be entitled to one vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among them- selves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. Class B memberCs} shall be all Builders as dellned in the Declaration and shall be entitled to one (1) vote for each Lot owned. Upon the transfer of the title of any Lot which is held for resale by a Builder, the Class B membership interest appurtenance to such Lot shall automatically be converted to a Class A membership interest unless the Lot is resold to the Developer in which case the membership interest shall automatically be converted to a Class C membership interest. Class C. Class C memberCs) shall be the Developer Cas defined in the Declaration), and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: Ca) when the total votes outstanding in the Class A membership equal the total vot~s outstanding in the Class B menbership; or (b) on December 31, 1990. ARTICLE VII BOARD OF DIRECTORS The affairs and property of this corporation shall be m3naged and governed by a Board of Directors composed of not less than three (3) nor more than nine (9) persons. The first Board of Directors shall have three (3) members, and in the future the number will be determined from time to time in accordance with the provisions of the By-Lawsof'the corporation. The number of Directors on the Board of Directors shall always be an odd number. The names and addresses of the persons who are.to act in the capacity of Directors until the selection of their successors are: NAME ADDRESS ROBERT C. BIGHAM 700 N.W. 107 Avenue Miami, Florida 33172 GAIL KELLER 700 N.W. 107 Avenue Miami, Florida 33172 NICK CONDOROUSIS 9550 West McNab Road Tamarac, Florida 33321 At the first annual meeting following the cessation of the Class C membership, the Members shall elect three (3) directors for a term of one (1) year, three (3) directors for a term of two (2) years, and three~)-director for a term of three (3) years. The three Candidates receiving the largest number of votes shall serve as director for three (3) years; the three candidates receiving the fourth, fifth and sixth largest votes shall serve as directors for two (2) years; and the three (3) candidates receiving the seventh, eighth and ninth largest vote shall serve as directors for one (1) year. At each annual meeting thereafter, the members shall elect the appropriate number of directors for a term of three (3) years. ARTICLE VIII OFFICERS The officers of this Association shall be a President and a Vice Presi- dent, who shall at all times be members of the Board of Directors; a Secre- tary, a Treasurer, and such officers ~s the Board may from time to time by resolution create. The election of officers shall take place at the first i meeting of the Board of Directors ~hich shall follow each annual meeting of meQbers. The names of the officers who are to serve until the first election of appointments are: ??..ES IDENT NICK CONDOROUSIS ROBERT C. BIGHA."1 GAIL KELLER GAIL KELLER VICE PRESIDENT SECRETARY ~REASURER ARTICLE IX IND~~IFICATION OF OFFICERS AND DIRECTORS A. The Association hereby indemnifies any Director or Officer made a party or threatened to be made a party to any threatened, pending or com- pleted action, suit or proceeding: I. Whether civil, criminal, administrative, or investigative, other than one by or in the right of the Association to procure a judgment in its favor, brought to impose a liability or penalty on such person for an act alleged to have been committed by such person in his capacity of Director or officer of the Association, or in his capacity as Director, officer, employee or agent of any other corporation, partnership, joint venture, o~other enterprise'which he served at the request of the Associption, against judg- oents, fines, amounts paid in settlement and reasonable expenses, including attorneys fees, actually and necessarily incurred as a result of such action, suit or proceeding or any appeal therein, if such person acted in good faith in the reasonable belief that such action was in the best interests of the Association, and in criminal actions or proceedings, without reasonable ground for belief that such action was unlawful. The termination of any such action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not in itself create a presumption that any such Director or officer did not act in good faith in the reasonable belief that such action was in the best interests of the Association or that he had reasonable grounds for belief that such action was unlawful. 2. By or in the right of the Association to procure a judgment in its favor by reason of his being or having been a Dir~ctor or officer of the Association, or by reason of his being or having been a Dir~ctor, officer, employee or agent of any other corporation, partnership, joint venture, trust or other enterprise which he served at the request of the Association, against the reasonable expenses, including solely for this reason, or solely because the Director or officer is present at or participates in the meeting of the Board of committee thereof which authorized the contract or trans- .. action, or solely because his or their votes are counted for such purpose. No Director or officer of the Association shall incur liability by reason of the fact that he is or may be interested in any such contract or~transaction. B. Interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or of a committee which author- ized the contract or transaction. ARTICLE X BY-LAWS By-Laws shall be initially adopted by the Board of Directors after which these By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy. ARTICLE XI AMENDMENTS Proposals for the alteration, amendment or recision of these Articles of Incorporation may be made by a majority of the Board of Directors or twenty- five percent (25%) of the voting members. Amendment of these Articles of Incorporation shall require the assent of not less than seventy-five percent (75\) of the total number of votes in each class membership, except that the Board of Directors may amend these Articles of Incorporation without the assent of the membership to correct any ambiguities, scrivener's errors or conflicts appearing within these Articles of Incorporation. ARTICLE XII DISSQLUTION The Association may be dissolved with the assrnt given in writing and signed by the holders of not less than two-thirds (2/3) of the total number of votes in each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Asso- ciation shall be dedicated to an appropriate public agency to be used for the purposes s~ilar to those for which this Association was created. In the event dedication is refused acceptance, such assets shall be granted, con-, veyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. Any action under this Article is subject to the procedures and requirements of Florida Statute 617.05. ARTICLE XIII DURATION The corporation shall exist perpetually. ARTICLE XIV SUBSCRIBERS The name and address of the subscriber is as follows: NAME Morris J. Watsky ADDRESS 700 N. W. l07 Avenue Miami, Florida 33172 ARTICLE XV FHA AND VA APPROVAL As long as there is a Class C membership, the following actions will require the approval of either the Federal Housing Administration or the Veterans Administration when either of subject entities has an interest: (i) annexation of additional properties, (ii) mergers and consolidations, (iii) mortgaging or dedication of the Common Open Space, or (iv) dissolution and amendment of these Articles. IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Florida, the undersigned, constituting the Incor- porator of this Association, has exe~uted these Articles of Incorporation this 9th day of Ser-tember, 1985. MORRIS J. \,ATSKY STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY that on this day personally appeared before me, the undersigned authority, the following named person, to-~it: MORRIS J. WATSKY to me well known and well known to me to be the person of that name described in and who executed the foregoing and he acknowledged before me that he executed the said instrument as his free and voluntary act and deed for the uses and purposes therein set forth and expressed. Witness my hand and seal this 9th day of September, 1985. Notary Public, State of Florida My Commission Expires: CERTIFICATE DESIGNATING PLACE OF BUSINESS FOR SERVICE OF PROCESS WITHIN THIS STATE, N~..HING AGENT UPON WHOM PROCESS MAY BE SERVED Pursuant to Chapter 48.091, Florida Statutes, the following is submitted in compliance with said Act: That, BOYNTON LAKES NORTH COMMUNITY ASSOCIATION, INC., desiring to organize under the laws of the State of Florida, with its principal offices at 700 N.W. 107 Avenue, Miami, Florida 33172, has named MORRIS J. WATSKY, whose office is located at 700 N.W. l07 Avenue, Miami, Florida, as its agent to accept service of process within the State. ACKNOWLEDGEMENT 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 said Act relative to keeping open said office. MORRIS J. WATSKY ,--- BY-LAWS OF BOYNTON LAKES NORTH CO~~UNITY ASSOCIATION, INC. ARTICLE I NAME AND LOCATION The name of the corporation is the BOYNTON LAKES NORTH COMMUNITY ASSOCIATION, INC., a Florida corporation not-far-profit, hereinafter referred to as the "Association". The principal office of the corporation shall be - located at 700 N. W. 107 Avenue, Miami, Florida 33172, but meetings of meITbers and directors may be held at such places within the State of Florida, County of Manatee, as may be designated by the Board of Directors. ARTICLE. II DEFINITIONS Defined terms in the Declaration referred to in the Articles~of-Incorpo- ration of this Association (hereinafter referred to as the "Declaration") are herein used as therein defined. ARTICLE III MEETING OF MEMBERS section 1. Annual Meetings. The first annual meeting of the members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 7:30 o'clock p.m. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. The first meeting of the Board of Directors of the Association shall-be held immediately succeeding the annual meeting of members. ARTICLE IV BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. Number. The affairs of this Association shall be managed and governed by a Board of Directors co~posed of not less than three (3) nor more than nine (9) persons. The nurber of Directors on the BOard of ~::-! 1 ! " i T ":./1 l"l) : . . ~ T , " 1'", j'T I ',:: Directors shall always be an odd number. The first Board of Directors shall have three (3) members, who need not be members of the Association. Section 2. Term of Office. At the first annual meeting following the cessation of the Class B Membership, the Members shall elect three (3) direc- tors for a term of one (1) year, three (3) directors for a term~of two (2) years and three (3) directors for a term of three (3) years. The three candidates receiving the largest number of votes shall serve as director for three (3) years, the three candidates receiving the fourth, fifth and sixth largest votes shall serve as directors for tWo (2) years; and the three candidates receiving the seventh, ei~th and ninth largest vote shall serve as directors for one year. At each annual meeting thereafter the members shall elect the appropriate number of directors for a term of three (3) years. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, hisstR:cessor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V ' NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination-for elect~on to the Board of Direc- tors shall be made by a Nominating Committee. Nominations may also be made from the floor at the a~~ual meeting. The Nominating Co~ittee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or m~hers of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such ar.nual meeting until the date of the next ~nnual ;:-,eet.ing and such appointment shall be announced at each annual T:'\eeting. The Nominating Corrmittee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the n~~er of vacancies that are to be filled. Such nominations may be made from ~~ong me~bers or non-members. Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, with respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elect~. Cumulative voting is not permit- ted. ARTICLE VI MEETINGS OF DIRECTORS section 1. Regular Meetings. Regular meetings of the Board of Direc- tors shall be held monthly without notice, at such place and hour~s-may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Direc- tors shall be held when called by the President of the Association or by any two directors, after not less than three (3) days notice to each director. Section 3. Quorum. A majority of the number of directors shall consti- tute a quorum for the transaction of business. Every act done or decision nade by a majority of the directors present at duly held meetings at which a ~uorum is present shall be regarded as an act of the Board. ARTICLE VII POWERS AND DUTIES OF SHE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors s~all have power to: (a) adopt and publish rules and regulations governing the personal conduct of the me~ers and their guests, thereon and to establish penalties for the infraction thereof; (b) suspend the voting rights of of a member during any period in .hich such member shall be in default in the payment of asseSST:'\ent levied by the Association. Such rights may also be suspended, after Dotice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations; (c) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by any other provisions of these By-Laws, the Articles of Incorporation or the Declaration; (d) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecu- tive regular meetings of the Board of Directors; (e) employ a manager, an independent contractor, or other ,such employees as they deem necessary, and to prescribe their duties; (f) accept such other functions or duties with respect to, includ- ing architectural control, in addition to maintenance responsibilities, as are determined from time to time to be proper by the rr~jority of the Board of Directors; and (g) delegate to, and contract with, a mortgage company~r-financial institution, responsibility for collection of the assessments of the Association. Section 2. Duties. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all of its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote; (b) supervise all officers, agents ~d employees of this Asso- ciation and to see that their duties are properly performed; (c) as provided in the Declaration, to (1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; (2) send written notice of each assessment to every ~~~er subject thereto at least thirty (30) duYs in advance of each annual assessment period; and (3) foreclose the lien against any property for which assess- ments are not paid within thirty (30) days after the due date or to bring an action at la~ against the owner personally obligated to pay the same. (d) ~=sue or to cause an appropriate officer to issue, upon demand by any pe~son, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Boar~ for the issuance of these certificates. If a certificate states an assessment has been paid, such certificates shall be conclusive evidence of such payrlenti (e) procure and maintain adequate liability and hazard insurance on property owned or controlled by the Association, or for which; in the opinion of a majority of the directors, it may be liable and should provide coverage; (f) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) cause the Lots to be maintained as set forth in the Declaration. 0:::... ARTICLE VI II OFFICERS AND THEIR DUTIES Section 1. Enumeration of Officers. The officers of this Association shall be a President and Vice President, who shall at all times be members of the Board of Directors, a Secretary and a Treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors which shall follow each annual meeting of the members. Section 3. Term. The officers of the Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4. Special Appointment. The Board mqy elect such other offi- ce~s as the affairs of the Association may require, each of ~hom shall hold office for such period, have such authority, a~d perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving ~ritten notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effec- t.ive. Section 6. Vacancies. A vacancy in any office may be filled by ap- pointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The o~fices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the officers are as follows: President The President shall preside at all, meetings of the Board of Directors; see that resolutions and orders of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. Vice President The Vice President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. Secretary The Secretary shall record the votes and keep the minutes of all meet- ings and proceedings of the Board and of members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses; and shall perform such other duties as required by the Board. Treasurer The Treasurer shall receive and deposit in ap~ropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissorj notes of the Association: keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of i~co~e and expenditures to be represented to the membership at its regular annual meeting, and deliver a copy of each to the merrbers. ARTICLE IX BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any me~ber. The Declaration, the Articles of Incorporation and the By-Laws of the Asso- ciation shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at a reasonable cost. ARTICLE X ASSESSMENTS As more fully described in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessments are made and are the person obligation of the member. ARTICLE XI CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the words: BOYNTON LAKES NORTH COMMUNITY ASSOCIATION~ INC., a Florida corporation not-for-profit 1985. ARTICLE XII AMEN Df.'.ENTS Section 1. These By-Laws may be amended, at a regular or special ~eeting of the members, by vote of a majority of a quorum of members present in person or by proxy, except that the Federal Hou~ing .~dministration or the Veterans Administration while either of such entities has an interest, shall have the right to veto any of the above while there is a Class C me~ership. Section 2. In the case of any conflict between the Articles of Incorpo- ration and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. ARTICLE XIII MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF, we, being all of the Directors of BOYNTON LAKES NORTH CO~~ruNITY ASSOCIATION, INC., have hereunto set our hands this 9th day of September, 1985. ROBERT C. BIGHAM NICK CONDOROUSIS GAIL KELLER