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REVEW COMMENTS MEMO TO: Carmen Annunziato, City Planner FROM: William P. Doney, Esquire DATE: October 29, 1984 RE: Unified Control Documents - Lakes of Hypuluxo PUD I have reviewed the Unified Control Documents concerning the above referenced project, as provided to me with your memo of September 20, 1984. Although the sample Articles of Incorporation, By-laws and Declaration of Covenants, Conditions and Restrictions do not apply to this project itself, but rather to another project, it would seem that if they are amended to provide the appropriate references that they do, in fact, comply with the Unified Control Provisions of Section 6 of Appendix B - Planned Unit Development Ordinance. WPD/sjw JAMES W. VANGE, P.A. ~ ,I r I , J l r / ! ! l MEHORANDUM 20 September 1984 TO: James Vance, City Attorney FROM: Carmen S. Annunziato, Planning Director RE: UNIFIED CONTROL DOCUMENTS - LAKES OF HYPOLUXO PUD Accompanying this memo you will find copies of documents related to the unified control and continuing maintenance of the proposed Lakes of Hypoluxo Planned Unit Development. Please review these documents consistent with Section 6B and C of Appendix B of the City Code and return your comments to me for inclusion in the public hearing proceedings. C?-~ .-.. %Z-,~~ CARI'1EN S. ANNUNZ I~O - - /bks Attachn,3D.t:S ARTICLES OF INCORPORATION OF WILLOWWOOD HOMEOWNERS ASSOCIATION, INC. .s- ARTICLES OF INCORPORATION OF WILLOWWOOD HOMEOWNERS ASSOCIATION, INC. (A Corporation not for Profit) In compliance with the requirements of Chapter 617, Florida Statutes, the undersigned, all of whom are residents of Florida, do hereby make, subscribe and acknowledge that they have voluntar- ily associated themselves together for the purpose of forming a corporation not for profit, and do hereby certify as follows: ARTICLE I NAME The name of the corporation is WILLOWWOOD HOMEOWNERS ASSOCIATION, INC., hereinafter called the "Association". ARTICLE II PRINCIPAL OFFICE The principal office of the Association shall be located at 5601 Corporate Way, Suite 416, West Palm Beach, Florida 33401. ARTICLE III REGISTERED AGENT AND REGISTERED OFFICE BENNETT S. COHN is hereby appointed the ini tial regi stered agent of this Association, and his address which is 3767 Lake Worth Road, Suite 100, Lake Worth, Florida 33461 is designated as the initial registered office of the Association. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or pro- fit to the members thereof, will make no distribution of income to its members, Directors, or Officers, and the specific purposes for which it is formed are to provide for the maintenance, preserva- tion and architectural control of the residence Lots and Common Areas within that certain tract of property described as: -1- 0' THE LOFTS , accordingly to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and 'for Palm Beach County, Florida, in Plat Book Page , Public Records of Palm Beach County, Florida. 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 jurisdication of this Associa- tion for this purpose to: A. Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restric- tions, hereinafter called the "Declaration," applicable to the property, to be recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and as the same may be amended from time to time as herein provided, said Declaration being incorporated herein as if set forth at length~ B. Fix, levy, collect, and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration~ to pay all expenses in connection therewith and arl office and other expenses incident to the conduct of the busines of the Association, including all licenses, taxes, or governmental charges levied or imposed against the property of the Associa- tion; 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 Associa- t i on; D. Purchase insurance upon the property and insurance for the protection of the Association and its members~ E. Borrow money, and with the assent of two-thirds (2/3) of each class of members, mortgage, pledge, deed in trust, or hypo- theca te any or all of its real or personal property as secur i ty for money borrowed or debts incurred; F. Dedicate, sell or transfer all or any part of the Common Areas to any publ ic agency, author i ty, or uti Ii ty for such pur- poses and subject to such condi tions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer; G. Participate in mergers and consolidations wi th other non-profit corporations organized for the same purposes or annex .s- -2- addi tional residential property and Common Areas, provided that any such merger, consolidation, or annexation shall have the assent of two-thirds (2/3) of each class of members~ H. Make and amend reasonable regulations respecting the use of the property, provided, however, that all such regulations and their amendments shall be approved by not less than seventy-five percent (75%) of the entire membership of the Board of Directors, and not less than a majority of the votes of the members in atten- dance or by proxy, before such shall become effective; I. Enforce by legal means the provisions of the Declaration of Covenants, Condi tions and Restrictions, these Articles, the By-laws of the Association, and the Regulations for the use of the property; and J. Have and to exercise any and all powers, rights, and privileges which a corporation organized under the Non-Profit Cor- poration Law of the State of Florida by law may now or hereafter have to exercise. ARTICLE V MEMBERSHIP Every person or entity who is a record owner of a fee or un- divided fee interest in any Property which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Member- ship shall be appurtenant to and may not be separated from owner- ship of any Patio home which is subject to assessment by the Asso- ciation. ARTICLE VI VOTING RIGHTS The Association shall have two (2) classes of voting membership: A. Class A: Class A members shall be all owners with the exception of the Declarant and shall be entitled to one vote for each home owned. When more than one (1) person holds an interest in any home, all such persons shall be members. The vote for such home shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be case with respect to any home. .s- -3- B. Class B: The Class B member(s) shall be the Declarant (as defined in the Declaration), and shall be entitled tothree (3) votes for' each half lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, which ever occurs earlier: 1. When the total votes outstandi ng in the Class A membership equal the total votes outstanding in the Class B membership~ or 2. On July 1, 1975. ARTICLE VII BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of not less than three (3) but no more than nine (9) directors, who need not be members of the Association. The number of directors may be changed by amendment of the By-Laws of the Association. Until the first annual meeting of the members there shall only be three directors. The names and addresses of the persons who are to act in the capacity of initial directors until the selection of a Board of directors at the first meeting of members are as follows: JULES S. MINKER CHARLES LOVE At the first annual meeting the members shall elect three (3) di rectors for a term of one (1) year, three (3) di rectors for a term of two (2) years and three (3) directors for a term of three (3) years~ and at each annual meeting thereafter the members shall elect three (3) directors for a term of three (3) years. ARTICLE VIII, OFFICERS The affairs of the Association will be administered by the Officers designated in the By-Laws of the Association. Said Offi- cers will be elected by the Board of Directors at its first meet- ing following the annual meeting of the members of the Association .s- -4- and will serve at the pleasure of the Board of Directors. The names and addresses of the Officers who will serve until their successor's are elected by the Board of Directors following the first annual meeting of the members are as follows: President: vice President: Secretary: Treasurer: ARTICLE IX INDEMNIFICATION Every Director and every Officer of the Association will be indemnified by the Association against all expenses and liabil- i ties, including legal fees, reasonably incurred by or imposed upon him in connection with 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 Officer of the Association whether or not he is a Director or Officer at the time such expenses are in- curred, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interest of the Association, and, with respect to any criminal action or proceed- ing, had no reasonable cause to believe his conduct was unlawful, except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for gross negligence or misfeasance or mal- feasance in the performance of his duty to the Association. Pro- vided that, in the event of a settlement this right of indemnif- ication will only apply if the Board of Directors approves such settlement and reimbursement as being in the best interest of the Association. The foregoing right of indemnification will be in addition to and not exclusive of all other rights to which such Director or Officer may be entitled. ARTICLE X DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of members. Upon dissolution of the Association, other than in- cident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for ." -5- purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed, and assigned to any non-profit corporation, association, trust, or other organization to be devoted to purposes as similar as practically possible to those to which they were required to be devoted by the Association. ARTICLE XI DURATION The corporation shall exist perpetually. ARTICLE XII AMENDMENTS Amendment of these Articles shall require the assent of seventy-five percent (75%) of the entire membership. ARTICLE XIII BY-LAWS The first By-Laws of the Association will be adopted by the Board of Directors named herein, and may be altered, amended, or rescinded in the manner provided by said By-Laws. ARTICLE XIV FHA/VA APPROVAL As long as there is a Class B membership, the following actions will require the prior approval of the Federal Hous ing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgage of Common Area, dissolution and amendment of these Articles. -6- .s- IN WITNESS WHEREOF, for the purpose of forming thi s corpora- tion under the laws of the state of Florida, we, the undersigned, constituting the incorporators of this Association, have executed these Articles of Incorporation this day of 1983. STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared , to me well known and known to me to be the individual described in and who executed the foregoing Articles of Incorporation, and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal this ____ day of 1983. , NOTARY PUBLIC My Commission Expires: -7- .... STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this , day of , 1983. NOTARY PUBLIC AT LARGE My Commission Expires: STA'rE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , 1983. ----------.----- NOTARY PUBLIC AT LARGE My Commission Expires: -8- ." MEMORANDUM 21 October 1984 TO: FILE FROM: Carmen S. Annunziato RE: LAKES OF HYPOLUXO PLANNED UNIT DEVELOPMENT Owing to the nature of the project proposed, it is recommended that these zero lot line housing lots be increased in size to 6,000 square feet with a minimum lot frontage of 60 feet. It is also recommended that the units be constructed with minimum. front and rear-yard setbacks of 25 feet and that no two struc- tures be constructed less than l5 feet between buildings or parts thereof. DEPARTMENTAL REVIEW FORM ~ TO: ALL DEPARTMENTS RE: ANNEXATION OF PROPERTY AS GENERALLY DESCRIBED HEREIN ~ i,.~ please 'ev~luate the initial impact that the annexation of property described herein will have on your department. Name of Development/Owner Lakes of Hypoluxo Area of Subject Property Sq. Ft. or 17.7 acres Estimated Present Population 0 Estimated Number of Existing Housing Units 0 Existing Use ., Vacant/Undeveloped Proposed Use 85 zero-lot line, single family detached units Would your Department need to increase the number of personnel as a result of this annexation? Yes No ~ Estimated number of additional personnel required: Would your Department need to increase expenditures as a result of this annexation? Yes No Estimated annual increase in salaried: operating & maintenance: capital outlay: Corrrrnents: (Attach if insufficient space.) City Clerk Finance City Engineer Planning Police Building Official Utilities Fire # Personnel and Purchasing Parks & Recreation Public Works Library ~ Date Processing Energy Please return this form to the City planner's Office as soon as possible. Attachment: Location Map