LEGAL APPROVAL
iJJie City of
'Boynton 'Beach
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100 'E. 'Boynton 'Buldi 'Boukvard
P.O. 'Bo;c310
'Boynton 'Beadi, 7foritfa. 33425.0310
City 1faf[: (407) 375-6000
7.7U: (407) 375-6090
OF THE CITY ENGINEER
March 28, 1995
Next Boynton Homes, Ltd.
901 Ponce De Leon Blvd., Suite 600
Coral Gables, FL 33134
Attention: Ramiro Rencurrell
Re: Land Development Order - Citrus Park (Boynton Estates)
Dear Mr. Rencurrell:
We have this date received acknowledgement that the final plat for
Citrus Park (Boynton Estates) has been recorded with the County
Clerk of Court. That allows us to, and we hereby do, issue a Land
Development Order as outlined in Appendix C, Boynton Beach Code of
Ordinances. Issuance of a Land Development Order allows you to
proceed with construction of required improvements. You are
reminded that all required improvements must be completed by
December 28, 1996 as stipulated in Appendix C, Article XI, Section
5. (twenty-one months from today). Failure to complete the
required improvements by that date and absent an approved time
extension the City Commission may call upon your surety to complete
the work.
Appendix C, Article XI, Section 5 requires monthly progress reports
from your Engineer of Record, and we suggest that you schedule a
pre-construction meeting with City Development and Utility
Department staff to discuss scheduling, permitting, inspecting and
other appropriate topics. This Land Development Order also allows
you to enter the building permit process. For information on that
process, please contact Chief Plans Reviewer Milt Duff (375-6352).
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
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William Hukill, P.E.
City Engineer
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Carrie Parker, City Manager
Tambri Heyden, Planning & Zoning Director
Al Newbold, Deputy Building Official
Peter Mazzella, Assistant to the Utility Director
Milt Duff, Chief Plans Reviewer
Don Johnson, Building Compliance Administrator
James Du Vall~ E~g~neering Inspector
J'l1nerua s (jateway to tfU (julfstream
RESOLUTION NO. R95,,- .1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEA
ACCEPTANCE OF T
P.U.D., ALSO APPROVIN E F RM NO
THE DECLARATION OF RESTRICTIONS FOR CITRUS
PARK AND THE MAINTENANCE AGREEMENT, WHICH
DOCUMENTS ARE ATTACHED HERETO AS COMPOSITE
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
-
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WHEREAS, the City Commission of the City of Boynton Beach, upon'
recommendation of staff, does hereby accept the Final Plat for CITRUS PARK P.U.D., and
also approves the form and content of the Declaration of Restrictions for CITRUS PARK
and the Maintenance Agreement, which documents are attached hereto as composite!
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
.r CITY OF BOYNTON BEACH, FLORIDA THAT: :
I
!
I Section 1. The City Commission of the City of Boynton Beach, Florida, does i
,! hereby approve the Final Plat for CITRUS PARK, a P.U.D., and also approves'the form i
" and content of the Declaration of Restrictions for CITRUS PARK and the Maintenance!
Agreement, which documents are attached hereto as composite Exhibit "A". '
!
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this 7 day of /11r1.~(!,;'l, 1995.
CITY OF BOYNTON BEACH, FLORIDA
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Mayor
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Vice 'ayor
ATTEST:
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Ci Clerk
(Corporate Seal)
Fine' Pie.
C~ru. Perk.2111/95
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Record
HECTOR
DEC-20-1994 1:23Fm 94-419526
ORB 8551 F9 66
...-- .... Ii Ii .. ...
DECLARATION OF RESTRICTIONS,
PROTECTIVE COVENANTS AND EASEMENTS
BOYNTON ESTATES
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FOR
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made this 15th day of December, 1994, by
LTD., a Florida limited partnership,
"Declarant II , which declares that the real
II herein, which is owned by
easements, charges
ARTICLE I
Definitions
The following words when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
(a) "Articles" shall mean and refer to the Articles of
Incorporation of the Association, a true copy of which is
attached hereto as Exhibit "A", as amended from time to
time.
(b) "Association" shall mean and refer to BOYNTON ESTATES
HOMEOWNERS ASSOCIATION, INC., a Florida corporation not
for profit.
(c) "Board of Directors" shall mean and refer to the Board of
Directors of the Association and, where applicable, any
officer of the Association acting at the direction of
the, Board of Directors.
(d) "By-Laws II shall mean and refer ,to the By-Laws of the
Association, a true copy of which is attached hereto as
Exhibit liB", as amended from time to time.
(e) II CAB II shall mean and refer to the Community Appearance
Board.
(g) "Common Areas" shall mean and refer to the property
described in Exhibit "C", attached hereto and by this
reference made a part hereof (as same may be amended and
supplemented from time to time), together wi th the
1
(h)
(j)
(k)
(1)
Olu.. ass 1 pg 67
landscaping and any improvements thereon as Declarant may
construct from time to time, including, without
limitation, all structures, facilities, open space,
walkways, sprinkler systems, and lighting installations,
but excluding any public utility installations thereon
and also excluding all units.
"Declarant" shall mean and refer to Next Boynton Homes,
Ltd., a Florida limited partnership, its successors and
such of its assigns as to which the rights of Declarant
hereunder are specifically assigned by written
instrument. Declarant may assign all or any portion of
its rights hereunder on an exclusive or nonexclusive
basis or in connection with all or only a portion of the
Community. In the event of any assignment of Declarants
rights other than an exclusive assignment of all of such
rights as to all of the Community, the assignee
thereunder shall not be the Declarant but may exercise
such specific rights which are assigned to it.
Notwithstanding any assignment as aforesaid whatsoever,
no amendment may be made to this Declaration, the
Articles or By-Laws without the prior written consent of
Next Boynton Homes, Ltd., a Florida limited partnership,
as long as same owns any property in BOYNTON ESTATES.
"Institutional Lender" shall mean and refer to any bank,
savings and loan association, mortgage company,
insurance company, real estate or mortgage investment
trust, pension fund, government agency,
government-chartered company, Declarant, Declarant's
affiliates, any other lender generally recognized in
Palm Beach County, Florida as an institutional lender,
and any and all of the successors and assigns of the
foregoing, provided that any such entity holds a first
mortgage on a Unit.
"Limited Common Areas" shall mean and refer to such
portions of the Common Areas as are designated as Limited
Common Areas by Declarant from time to time and are
intended for the exclusive use of the Owner (s) of a
specific Unit(s). without limiting the generality of the
foregoing, assigned parking spaces (if any) shall be
Limited Common Areas of the Units which they serve.
Unless otherwise provided or the context indicates
specifically to the contrary, reference herein to the
Common Areas shall include Limited Common Areas.
II Member " shall mean and refer to all those Owners of
record title to any Unit, as provided in Article III,
Section 1, hereof.
2
(m)
(n)
(0)
01.
8551 P3
68
"Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of the fee simple title
to any unit situated within the Community.
"Uni t " shall mean and refer to any parcel wi thin the
Community, on which a single-family residential dwelling
is constructed by Declarant and conveyed by recorded deed
to a purchaser thereof. Each unit shall be subject to
the easements described in Article IV hereof.
"Community" and II Development " shall mean and refer to all
such existing properties and additions thereto as are now
hereafter made subject to this Declaration and which is
intended to be made part of a common scheme of
development in the manner specified hereunder, the
initial portion of which is more particularly described
iri Exhibit "D" attached hereto and by this reference made
a part hereof.
ARTICLE II
Property Subject to this Declaration
Section 1. Legal Description. The real property which
initially is and shall be held, transferred, sold, conveyed and
utilized subject to this Declaration is located in Palm Beach
County, Florida, is more particularly described in Exhibit "0", and
shall initially constitute the Development.
Section 2. Supplements. Declarant may from time to time bring
other land and property under the provisions of this Declaration by
recorded supplemental declaration (which shall not require the
consent of then existing Owners or the Association) and thereby add
to the Development. Any such supplemental declaration may contain
such modifications of, additions to and withdrawals from the
provisions of this Declaration as the same pertain to the property
described in the supplemental declaration as are appropriate, in
Declarant's judgment, to reflect the nature and character of such
property. Nothing in this Declaration, however, shall obligate
Declarant to add to the initial portion of the Development or to
develop future portions of the Development under a common scheme,
nor to prohibit Declarant (or the applicable Declarant-affiliated
Owner) from rezoning and changing the development plans with
respect to such future portions or from adding additional or other
property to the Development under a common scheme. All Owners, by
acceptance of a deed to their Units, thereby automatically consent
to any such rezoning, change, addition or deletion thereafter made
by Declarant (or the applicable Declarant-affiliated Owner) and
shall evidence such consent in writing if requested to do so by
Declarant at any time.
3
ORB 8551 P9 69
ARTICLE III
Membership and Voting Rights in the Association
Section 1. Membership. Every person or entity who is a
record Owner of a fee or undivided fee interest in any unit which
is subject to this Declaration shall be a Member of the
Association. Notwithstanding anything else to the contrary set
forth in this Section 1, any such person or entity who holds such
interest merely as security for the performance of an obligation
shall not be a Member of the Association.
Section 2. Voting.
of voting membership:
The Association shall have two (2) classes
Class A. Class A Members shall be all those Owners as
defined in Section 1 with the exception of Declarant (as
long as the Class B membership shall exist, and
thereafter, the Declarant shall be a Class A Member to
the extent it would otherwise qualify). Class A Members
shall be entitled to one (1) vote for each Unit in which
they hold the interest required for membership by Section
1. When more than one (1) person holds such interest
or interests in any Unit, all such persons shall be
Members, and the vote for such Unit shall be exercised
as they among themselves determine, but in no event shall
more than one (1) vote be cast with respect to any such
Unit.
Class B. The Class B Member shall be Declarant. The
Class B Member shall be entitled to one (1) vote, plus
two (2) votes for each vote entitled to be cast at any
time and from time to time by the Class A Members (e.g.,
if Class A members have a total of twenty (20) votes
among them, the Class B Member would have forty-one (41)
votes) . The Class B Membership shall cease and
terminate (i) one (1) year after the last Unit within the
Development has been sold and conveyed by Declarant; or
(ii) when Declarant elects to terminate the Class B
Membership (whereupon the Class A Members shall be
obligated to elect the Board of Directors and assume
control of the Association.)
Section 3. General Matters. Unless otherwise specifically
indicated to the contrary, when reference is made herein, or in the
Articles, By-Laws, Rules and Regulations, any management contract
or otherwise, to a majority or specific percentage or portion of
members, such reference shall be deemed to be reference to a
majority or specific percentage or portion of the votes of Members
and not of the Members themselves.
4
01\..
aSSl Fg
70
Sec~ion 4. Addi~ional Classes of Members. The Association
may create such additional classes or types of memberships in the
Association as may be permitted by the Articles of Incorporatioi!
and By-Laws of the Association from time to time.
ARTICLE IV
Property Rights in the Common Areas;
Other Easements
Section 1. Members Easements. Except as provided in section 3
hereinbelow, the portions of the Common Areas not used from time to
time for driveway (other than Limited Common Areas) purposes shall
be for the common use and enjoyment of the Members of the
Association, and each Member shall have a permanent and perpetual
easement for pedestrian traffic across all such portions of such
property as are suitable for pedestrian traffic and for the use of
the same as common open space in such manner as may be regulated
by the Association. Such rights of use and enjoyment are hereby
made subject to the following:
(a) The right and duty of the Association to levy
assessments against each unit for the purpose of
maintaining the Common Areas , units (to the extent
applicable) and facilities in compliance with the
provisions of this Declaration and with the restrictions
on any plat(s) of the Community..
(b) The right of the Association to suspend the right
of an Owner to use any of the facilities located in the
Common Areas for any period during which any assessment
against such Owner's Unit remains unpaid; and for a
period not to exceed sixty (60) days for any infraction
of lawfully adopted and published rules and regulations.
(c) The right of the Association to charge reasonable
fees for the use of designated facilities (if any)
situated on the Common Areas.
(d) The right of the Association to adopt, at any time
and from time to time, and enforce rules and regulations
governing the use of the Common Areas and all facilities
at any time situated thereon, including the right to fine
Members as provided in Article .IX hereof. Any rule,
and/or regulation, as the same may be modified, shall
apply until rescinded by a majority of the Board of
Directors of the Association.
(e) The right to the use and enjoyment of the Common
Areas and facilities thereon shall extend to all
Members' immediate families, subject to regulation from
time to time by the Association in its lawfully adopted
5
O~O ass 1 r9 71
and published rules and regulations.
(f) The right of Declarant to permit such persons as
Declarant, by written instrument signed by a Vice
President or more senior officer of Declarant, shall
designate to use the Conunon Areas and all facilities
located thereon.
(g) The right of Declarant to designate any portion(s)
of the Conunon Areas as Limi ted Conunon Areas, thereby
restricting the use thereof to fewer than all Owners, as
well as the right of the Declarant to have access to the
Conunon Areas to complete the construction of improvements
thereon.
(i) The right of Declarant to give, dedicate, or sell
all or any portion of the Development to any public
agency, authority or utility or private concern for such
purposes and subject to such conditions as may be
determined by Declarant;
(j) The other provisions of this Declaration and the
Articles and By-laws.
Section 2 . Utility Easements. Use of the Conunon Areas for
utilities, as well as use of the other utility easements over,
under or through the Development, shall be. in accordance with the
applicable provisions of this Declaration. Declarant and its
affiliates and its and their designees shall have the right also to
install and maintain security and other conununications lines,
connections and equipment in the Development, and perpetual
easements are hereby reserved for Declarant, its affiliates and
such designees over the Conununity for this purpose. Likewise, each
Owner and each appropriate utility company or agency shall have an
easement for the purpose of maintaining all utility lines,
connections and equipment serving a Unit and now or hereafter
located on the Conunon Areas or other Units in accordance with this
Declaration. All use of utility and conununication easements shall
be in accordance with the applicable provisions of this
Declaration.
Section 3. Access to Units. Each Owner shall have a
perpetual, nonexclusive easement for ingress and egress over those
portions of the Conunon Areas which constitute docks, piers or
other walkways if, but only if, such Owner must pass over such
areas in order to gain access to his Unit.
Section 4. Public Easements. Fire, police, coast guard,
heal th and sanitation, and other public service personnel and
vehicles shall have a permanent and perpetual easement for ingress
and egress over and across the Conunon Areas for the purpose of
performing their duly authorized duties.
6
O...r
no
8551 pg
72
Section 5. ownership. The Common Areas, subject to the
present or future designation of Limited Common Areas, are hereby
dedicated to the joint and several use, in common, of the Owners of
all units that may from time to time constitute part of the
Development, in the manner specified in this Declaration. The
Common Areas (or appropriate portions thereof) shall, upon the
later of completion of the improvements thereon or the date when
the last Unit within the Development has been conveyed by Declarant
(or at any time and from time to time sooner, at the sole election
of Declarant), be conveyed to the Association, which shall
automatically be deemed to have accepted such conveyance.
Beginning from the date this Declaration is recorded, the
Association shall be responsible for the maintenance of such Common
Areas (whether or not then conveyed or to be conveyed to the
Association), such maintenance to be in a continuous and
satisfactory manner without cost to the' general taxpayers of the
City of Boynton Beach or Palm Beach County, Florida. It is
intended that all real estate taxes against the Common Areas owned
or to be owned by the Association shall be proportionally assessed
against and payable as part of the taxes of the units within the
Development, the value of such Common Areas being ipso facto
included in the value of the units. However, in the event that any
such taxes are assessed directly against the Common Areas, the
Association shall be responsible for the payment of the same,
including taxes on any improvements and any personal property on
such land, which taxes accrue from and after the date this
Declaration is recorded, and such taxes shall be prorated between
Declarant and the Association as of the date of such recordation.
Declarant shall have the right from time to time to enter upon the
Common Areas for the purpose of the construction of any facilities
on the Common Areas or elsewhere that Declarant elects to build,
and to use the Common Areas and other portions of the Development
for sales, leasing, displays and signs or for any other purpose
during the sales, leasing, management or construction of any
portion of the Development. without limiting the generality of the
foregoing, Declarant shall have the specific right to maintain upon
any portion of the Common Areas sales, administrative,
construction or other offices without charge, and appropriate
easements of access and use are expressly reserved unto Declarant,
its successors, assigns, employees and contractors, for this
purpose. Any obligation to complete portions of the Common Areas
shall, at all times, be subject and subordinate to these rights and
easements and to the above-referenced activities, offices or
facilities. Accordingly, Declarant shall not be liable for delays
in such completion to the extent resulting from an abatement of
same because of the need or desire to use such offices or
facilities and/or the conducting of the above-referenced activities
on portions of the Common Areas to be so completed.
Section 7~ other Easements. Easements are reserved over
each Unit and the Common Areas in favor of each other Unit and the
Common Areas in order to permi t maintenance and repairs of
7
ORB. 8551 p~ 73
improvements on any unit or to the Common Areas by the Association.
The Association shall have a permanent and perpetual easement for
ingress and egress over and across the Insured Property, as defined
in Article VI, for the purpose of repairing, restoring or
rebuilding any portion of the Insured Property in the event of
damage thereto. Said easement shall extend to any person or entity
designated to make such repairs by the Association or by the
insurance company insuring said Insured Property against loss,
damage or destruction.
Section 8. Encroachments. If (a) any portion of the Common
Areas encroaches upon any Unit; (b) any Unit encroaches upon any
portion of the Common Areas; or (c) any unit encroach upon an
adjoining Unit or Common Areas as the result of, but only as the
result of, (i) storms or other acts of God, or (ii) as permitted by
duly adopted rules of the Association, then, in any such event, a
valid easement shall exist for such encroachment. Notwithstanding
any of the foregoing, however, an Owner shall be liable for all
damages to the Unit of another owner or to the Common Areas where
the proximate cause of such damage is the failure of such owner to
properly maintain his Unit. In addition to the above, the
requirements, if any, of the City of Boynton Beach, Florida for
ownership of a Unit shall be complied with at all times and no sale
of a Unit may be made to any person or entity which does not meet
such requirements.
Section 9. Easements Appurtenant. The easements in favor of
Owners provided in this Article IV shall be appurtenant to and
shall pass with the title to each Unit.
."
Section 1. Maintenance of Common Areas. ),)The Association shall
at all times lilaintain in good repair anq/ manage, operate and
insure, and shall replace as often as nec~sary, the Common Areas
and the paving, drainage structures, lighting fixtures (if
any) and appurtenances, landscaping, improvements and other
structures, lighting fixtures (if any) and appurtenances,
landscaping, improvements and other structures (except public
utili ty installations ) situated on the ConuIIon Areas, all such work
to be done as ordered by the Board of Directors. Maintenance of
said lighting fixtures shall include and extend to payment for all
electricity consumed in their illumination. All work pursuant to
this Section 1 and all expenses hereunder shall be paid for by the
Association through assessments imposed in accordance with
Article VI. No Owner may waive or otherwise escape liability for
assessments by non-use (voluntary or otherwise) of the Common Areas
or abandonment of his rights to use the Common Areas, nor shall an
Owner escape liability for assessments by the non-use of his Unit.
ARTICLE V
Maintenance
8
ORE. ass 1 P9 74
Sect.ion 2. Limitat.ions on Use. The portions of the Common Areas
set aside for landscaping and pedestrian use shall be used for the
purposes of lalidscaping, for installation and maintenance of
underground utilities and lines, and for pedestrian ingress and
egress to units and to the Common Areas, and shall not be used by
Owners of the respective Units for parking or for any other
purposes without the prior consent of the Board of Directors of
the Association. No driveway access or vehicular access shall be
permitted to any units across any landscaped and pedestrian areas.
Sect.ion 4. Access at. Reasonable Hours. For the purpose solely
of performing the maintenance authorized by this Article and all of
the removal, maintenance and other work and inspections permitted
under this Declaration, the Association, through its duly
authorized agents, employees or independent contractors, shall have
the right, after reasonable notice to the Owner, to enter upon any
unit at reasonable hours on any day and an easement therefor is
hereby expressly declared. Such notice shall not be required in
the event of an emergency where a delay in entry would result in
damage to any Unit, Common Area or persons or other property.
ARTICLE VI
Covenant. for Assessment.s
Sect.ion 1. Creat.ion of t.he Lien and Personal Obligat.ion for
Assessment.s. Except as provided in Section 11 of this Article VI,
Declarant, for all units within the Development, hereby covenants
and agrees, and each Owner of any Unit by acceptance of such deed
therefor, whether or not it shall be so expressed in such deed or
other conveyance, shall be deemed to covenant and agree, to pay to
the Association annual and other assessments or charges for the
maintenance, management, operation and insurance of the Common
Areas, as provided in Article V hereof, and for the operation of
the Association, including such reasonable reserves as the
Association may deem necessary, capital improvement assessments as
provided in Section 6 hereof, assessments for maintenance as
provided in Section 4 hereof and all other charges and assessments
hereinafter referred to, all such assessments to be fixed,
established and collected from time to time as herein provided. In
addition, special assessments may be levied against particular
Owners and Units for fines and expenses incurred against particular
Units and/or Owners to the exclusion of others. The annual,
special and other assessments, if any, together with such interest
thereon and costs of collection thereof as hereinafter provided,
shall be a charge on the Unit and shall be a continuing lien upon
the property against which each such assessment is made. Each
such assessment, together with such interest thereon and costs of
collection thereof as hereinafter provided, shall also be the
personal obligation of the person who is the Owner of such
property at the time when the assessment fell due and of all
subsequent Owners until paid. Except as provided herein with
9
O~b
8551 pg
7S
respect to special assessments and surcharges which may be imposed
on one or more units and Owners to the exclusion of others, and
except as provided in Section 11 of this Article, all assessments
imposed by the Association shall be imposed against all units
subject to its jurisdiction equally. Reference herein to
Assessments shall be understood to include reference to any and
all of the aforesaid charges whether or not specifically mentioned.
Sect.ion 2. Purpose of Assessment.s. The assessments levied
by the Association shall be used exclusively for maintenance of the
Common Areas as provided in Article V hereof and in Section 4 of
this Article VI, for insurance as provided in Section 5 hereof,
for contributions as provided in Section 8 hereof, for capital
improvements as provided in Section 6 hereof, for the operation of
the Association or to promote the health, safety, welfare and
recreational opportunities of the Members of the Association and
their families and guests.
Sect.ion 3. Specific Damage. Each Owner shall be liable to
the Association and be subject to a special assessment for any
damage to any portion of the Common Areas or Units (including, but
not limited to, damage arising from the discharge of debris,
sewage, oil, or other prohibited substances from a Unit into or on
the Common Areas of the Development) caused by or resulting from
active conduct, misuse, negligence, failure to maintain or other
cause attributable to such Owner, any member of his family or any
agent, lessee, sublessee or invitee of such Owner. Such special
assessment shall be levied and payable in accordance with the
provisions of this Declarationaooall exhibits hereto relating to
assessments inc::L,uding, butnot-'l-i-mited to, those providing for
liens and ~jle-'-foreclosure thereof. -'.
.._-~-.,..~
Sect.ion ~. Common Area Maint.enance and Repair~ As provided
in Article V, the Association shall maintain the COmmon Areas, the
costs of such maintenance" being deemed general-cOmmon expenses of
the Association. Each Owner shall nevertheless keep his Unit at
all times in a neat, attractive and safe condition, and the
Association may levy a fine and/or special assessment against such
owner for the cost of maintaining the appearance and safety of his
Unit, plus an administrative fee of not more than twenty-five
percent (25%) of such Cost. Notwithstanding the foregoing,
however, the Association shall not be liable to any Owner or other
person or entity for any damage caused by the failure of an Owner
to keep his Unit in safe condition.
Sect.ion 5.
Insurance.
~a) Coverage. The Association shall maintain
1nsurance covering the Common Areas, and all fixtures,
installations, addi tions and improvements constructed
thereon, (collectively, the "Insured Property"), in an
amount not less than 100% of the full insurable
10
0"0' 8551 pg 76
replacement value thereof, excluding foundations, piles,
dredging and excavation costs. Such policies may
contain reasonable deductible provisions as agreed to by
the Board of Directors. Insurance coverage shall include
fire and hazard insurance, comprehensive general public
liability insurance, automobile liability insurance,
workmen's compensation insurance, flood insurance,
fidelity insurance and such other insurance as the Board
of Directors of the Association shall determine from time
to time to be desirable. All insurance policies obtained
by the Association shall be for the benefit of the
Association and the Owners and their mortgagees (without
naming them), as appropriate, as their respective
interests may appear.
(b) Premiums. Premiums upon insurance policies purchased
by the Association and charges and costs for uninsured
damages shall be paid by the Association as a common
expense, except that the amount of increase in the
premium occasioned by misuse, improper occupancy or
abandonment of any of the Common Areas by, or any other
action or omission of, a particular Owner(s) shall be
assessed against and paid by such Owner(s). Premiums may
be financed in such manner as the Board of Directors
deems appropriate.
(c) Reconstruction and Repair. In the event of damage
to or destruction of the Insured Property as a result of
fire or other casualty, unless 75% (in terms of
replacement costs) or more of the Insured Property is
destroyed or substantially damaged and the Association
elects not to proceed with repairs or restoration, the
Board of Directors shall arrange for the prompt repair
and restoration of the Insured Property. If 75% (in terms
of replacement costs) or more of the Insured Property is
substantially damaged or destroyed and if the Association
duly and promptly resolves not to proceed with the
repair or restoration thereof, the Insured Property will
not be repaired, in which event the net proceeds of
insurance resulting from such damage or destruction shall
be held by the Association, which shall then be dissolved
with the proceeds being distributed to the Owners in the
manner provided by law; provided, however, that no
payment shall be made to an owner until there has first
been paid out of his share of such fund all mortgages and
liens on his Unit in the order of priority of such
mortgages and liens.
(d) Plans and Specifications. Any reconstruction or
repair must be made substantially in accordance with the
plans and specifications for the original improvements to
the Common Areas; or if not possible or commercially
11
Oh...' ass 1 pg 77
practicable, then in substantial accordance with the
plans and specifications approved by the Board of
Directors of the Association.
(e) Assessments. If the proceeds of insurance are
not sufficient to defr?y the estimated costs of
reconstruction and repa1r to be effected by the
Association, or if at any time during reconstruction and
repair, or upon completion of reconstruction and repair,
the funds for the payment of the costs of reconstruction
and repair are insufficient, regular or interim
assessments shall be made against the Units in sufficient
amounts to provide funds for the payment of such costs.
Such assessments on account of damage to the Insured
Property shall be in the same proportion as all of the
Owners' respective assessments, except as to special
assessments for damage caused by a particular Owner{s).
(f) Surplus. It shall be presumed that the first monies
disbursed in payment of the costs of reconstruction and
repair shall be from insurance proceeds. If there is a
balance in a construction fund after payment of all costs
relating to the reconstruction and repair for which the
fund is established, such balance shall be held by the
Association and applied in such a manner as the Board of
Directors elects, including, but not limited to, an
offset against future assessments.
12
Oh.., 8551 pg 78
(9) The Association will be required to obtain and
maintain insurance of the aforedescribed types in the
amounts required hereby only as long as such insurance is
available at reasonable rates. The decision of a
majority of the members of the Board of Directors as to
whether the cost of such insurance is reasonable will be
determinative.
Section 6. Improvements. Funds in excess of $20,000 in anyone
case which are necessary for the addition or replacement, or the
financing of the addition or replacement, of capital improvements
(as distinguished from repairs and maintenance) relating to the
Common Areas and which have not previously been collected as
reserves or are otherwise available to this Association shall be
levied by the Association as special assessments only upon approval
of the majority of the Board of Directors and upon approval by
two-thirds (2/3) favorable vote of the Members of the Association
voting at a meeting or by ballot as may be provided in the
By-Laws of the Association.
Section 7. Date of Commencement of Annual Assessments; Due
Dates. The annual assessments provided for in this Article VI
shall commence on the first day of the month next following the
recordation of these covenants.
The annual assessments shall be payable in monthly
installments, or in annual, semi- or quarter-annual installments,
if so determined by the Board of Directors.
The assessment Amount may be changed at any time by the Board
of Directors from that originally stipulated or from any other
assessment amount that is in the future adopted. The assessment
shall be for the calendar year (to be reconsidered and amended,
if necessary, every six (6) months), but the amount of the annual
assessment to be levied during any period shorter than a full
calendar year shall be in proportion to the number of months (or
other appropriate installments) remaining in such calendar year.
The due date of any special or interim assessment under this
Article shall be fixed by the Board in the resolution adopting such
assessment.
Section 8. Duties of the Board of Directors. The Board of
Directors shall fix the date of commencement and the amount of the
regular assessment against each Unit subject to the Association's
jurisdiction for each assessment period at least thirty (30) days
in advance of such date or period, and shall, at that time, prepare
a roster of the Units and Owners and regular assessments applicable
thereto which shall be kept in the office of the Association and
shall be open to inspection by any Owner.
Written notice of the regular assessment shall thereupon be
13
0/'\" '. ass 1 pg 79
sent to every Owner subject thereto at least twenty (20) days prior
to the date such payment is due.
The Board of Directors shall have the authority to fix and
levy interim assessments for the purpose of paying expenses (other
than those for capital improvements) incurred by the Association
which are of a non-recurring nature, are not provided for in the
applicable budget and cannot be paid from assessments collected
pursuant to a budget for a subsequent time period(s). All such
interim assessments shall be imposed and collected, and be
enforceable by the lien for collection, as provided in this
Article. The Board of Directors shall endeavor, however, to
provide for all non-recurring expenses expected to be incurred
during any applicable budget period in the budget for that period.
Subject to the provisions of Article VII hereof, the
Association shall upon demand at any time furnish to any Owner
liable for an assessment a certificate in writing signed by an
officer of the Association, setting forth whether such assessment
has been paid as to any particular Unit. Such certificate (as to
any person reasonably relying thereon) shall be conclusive evidence
of payment of any assessment to the Association therein stated to
have been paid.
The Association, through the action of its Board of Directors,
shall have the power, but not the obligation, to enter into an
agreement or agreements from time to time with one or more persons,
firms or corporations (including affiliates of the Declarant) for
management services, the fees and charges for such services to be
a common expense of the Association. The Association shall have
all other powers provided in its Articles of Incorporation.
Section 9. Effect of Non-Payment of Assessment; the Personal
Obligation; the Lien; Remedies of the Association. If the
assessments are not paid on the date(s) when due (being the date(s)
specified in Section 7 hereof), then such assessments shall be
deemed delinquent and shall, together with late charges, interest
and the cost of collection thereof as hereinafter provided,
thereupon be secured by the continuing lien on the Unit herein
created, which lien shall bind such property in the hands of the
then Owner, his heirs, devisees, personal representatives,
successors and assigns. The personal obligation of the then Owner
to pay such assessment shall pass to his successors in title and
recourse may be had against either or both.
If any installment of an assessment is not paid within fifteen
(15) days after the due date, at the option of the Association, a
late charge not greater. than eighteen percent (18%) of the amount
of such unpaid installment may be imposed (provided that only one
late charge may be imposed on anyone unpaid installment and if
such installment is not paid thereafter, it and the late charge
shall accrue interest as provided herein but shall not be subject
14
Ok
8551 P9
80
to additional late charges; provided further, however, that each
other installment thereafter coming due shall be subject to one
late charge each as aforesaid), or the next twelve (12) months'
worth of installments may be accelerated and become immediately due
and payable in full, and all such sums shall bear interest from the
dates when due until paid at the lesser of (a) eighteen percent
( 18%) per annum or (b) the highest lawful rate applicable to
consumer loans of equal amount. The Association may bring an
action at law against the Owner(s) personally obligated to pay all
sums due hereunder or may record a claim of lien and foreclose the
lien against the property on which the assessments, late charges and
interest are unpaid, or may pursue one or more of such remedies at
the same time or successively, and attorneys' fees and costs
actually incurred in preparing and filing the claim of lien and the
complaint (if any) in such action, and in prosecuting the same,
shall be added to the amount of such assessments, late charges and
interest, and in the event a judgment is obtained, such judgment
shall include all such sums as above provided (including all
similar sums connected with any appellate proceedings).
In the case of an acceleration of the next twelve (12) months'
of installments, each installment so accelerated shall be deemed,
initially, to be equal to the amount of the then most current
delinquent installment, provided that if any such installment so
accelerated would have been greater in amount by reason of a
subsequent increase in the applicable budget, the Owner of the unit
whose' installments were so accelerated sha.ll continue to be liable
for the balance due and payable by reason of such an increase and
a special assessment against such Unit shall be levied by the
Association for such purpose.
In addition to the rights of collection of assessments stated
in this Section 9, any and all persons acquiring title to or an
interest in a unit as to which the assessment is delinquent,
including, but not limited to, persons acquiring title by operation
of law and by judicial sales, shall not be entitled to the use of
the Limited Common Areas or the use and enjoyment of the Common
Areas until such time as all unpaid and delinquent assessments due
and owing from the selling owner have been fully paid. Further, no
sale or other disposition of a Unit shall be permitted until an
estoppel letter is received from the Association acknowledging
payment in full of all assessments and other sums due; provided,
however, that the provisions of this sentence shall not be
applicable to the Institutional Lenders and purchasers as
contemplated by Section 10 of this Article.
It shall be the duty and responsibility of the Association to
collect assessments and to enforce payment thereof. Failure of the
Association to send or deliver bills shall not, however, relieve
Owners from their obligations hereunder.
All
assessments,
surcharges,
late
charges,
interest,
15
OkL.' 8551 pg 81
penalties, fines, attorney's fees and other sums. provided for
herein shall accrue to the benefit of the Association.
Section 10. Subordination of the Lien. The lien of the
assessments provided for in this Article VI shall be subordinate to
city and county real estate tax liens and to the lien of any
mortgage (recorded prior to recordation by the Association of a
claim of lien) to any Institutional Lender and which is now or
hereafter placed upon any property subject to assessment; provided,
however, that any Institutional Lender, when in possession, or any
receiver, and in the event of a foreclosure, any purchaser at a
foreclosure sale, and any Institutional Lender acquiring a deed in
lieu of foreclosure, and all persons claiming by, through or under
such' purchaser or Institutional Lender, shall hold title subject to
the liability and lien of any assessment coming due after such
foreclosure or conveyance in lieu of foreclosure). Any unpaid
assessment which cannot be collected as a lien against any unit by
reason of the provisions of this Section 10 shall be deemed to be
an assessment divided equally among, payable by and a lien against
all units subject to assessment by the Association, including the
unit as to which the foreclosure (or conveyance in lieu of
foreclosure) took place.
Section 11. Effect on Declarant. Notwi thstanding any
provision that may be contained to the contrary in this
Declaration, for as long as Declarant is the Owner of any unit, the
Declarant shall not be liable for assessment against such unit,
provided that Declarant funds any deficit in operating expenses,
exclusive of reserves, costs of capital improvements and
non-budgeted repairs or replacements and management fees (if
Declarant or its affiliate is entitled to same) of the Association.
For the purposes hereof, a deficit in operating expenses shall be
computed by subtraction from said expenses (exclusive of the items
described in the foregoing sentence) all assessments, contributions
and other sums received or receivable by the Association.
Declarant may at any time and from time to time commence paying
such assessments as to Units that it owns and thereby automatically
terminate its obligation to fund deficits in the operating expenses
of the Association, or at any time and from time to time elect
again to fund deficits as aforesaid. When all Units within the
Community are sold and conveyed to purchasers, Declarant shall have
no further liability of any kind to the Association for the payment
of assessments or defici~s other than those which arose prior to
such time.
Section 12. Funds. The portion of all regular assessments
collected by the Association for reserves for future expenses, and
the entire amount of all other assessments, shall be held by this
Association for the benefit of the Owners of all Units, as their
interests may appear, and may be invested in interest bearing
accounts or in certificates of deposit or other like instruments
or accounts available at banks or savings and loan institutions the
16
/'1'
V
8551 pg
B --,
""-
deposits of which are insured by an agency of the united States.
Section 13. Initial Contributions. Initial contributions, if
any, to the Association made by Owners acquiring title from the
Declarant shall be deemed ordinary Association income and need not
be separated from or held or applied differently than assessments.
Initial contributions shall not be credited against any
assessments. Declarant may deduct, directly from such
contributions, any sums due it hereunder or under any agreement for
the sale of a unit between the Declarant and a purchaser whereunder
such contribution is required.
ARTICLE VII
Certain Rules and Regulations
Section 1. Applicability. The provisions of this Article VII
shall be applicable to all of the Development, but shall not be
applicable to Declarant or any portion(s) of the Development owned
by it insofar as Declarant's activities in developing, managing,
operating, selling or leasing any portion thereof are concerned.
Section 2.
Use Restrictions.
(a) The Development shall be used solely and exclusively
as a residential community and for no other purposes
whatsoever. All operators of vehicles shall observe all
posted speed limits and other rules and all "Rules of the
Road II when within the boundaries of the Community.
Vehicles shall at all times comply, and be operated in
compliance, with all applicable Association, city,
county, state and federal laws, rules and regulations
pertaining to the operation of motor vehicles.
(b) No person shall be permitted to remain in any
vehicle parked within the Community overnight for any
purpose. Except for the purpose of arrivals and
departures, no person shall be permitted to remain in the
Common Areas between the hours of 12:00 midnight and 6:00
a.m.
(c) During hurricanes and other high velocity wind
threats, each owner shall be responsible for following
all safety precautions that may be issued or recommended
by the National Hurricane Center, National Weather
Service, the Association or any other applicable agency.
If an owner plans to be absent during the hurricane
season, such owner must prepare his Unit and secure or
remove, as appropriate, any personal property prior to
his departure in accordance with the -standards
established by the Board of Directors of the Association
(or in the absence thereof, with all due care), designate
a responsible firm or individual to care for his Unit
17
ORb as:; 1 P'3 83
should there be a hurricane or other storm, and furnish
the Association with the name(s), address and telephone
number of such firm or individua.1. ~ucn firm or
individual shall be subject to the approval of the
Association. The Owner shall be liable for any and all
damages caused to the Cornman Areas or other property of
other Owners for such Owner's improper preparation or
failure of removal, as the case may be, of personal
property from around his Unit for hurricanes and other
storms. Notwithstanding anything contained herein to the
contrary, the Association may also levy fines in
accordance with the rules and regulations if the Unit
Owner fails to abide by the provisions of this paragraph.
Notwithstanding the right of the Association to enforce
the foregoing requirements, the Association shall not be
liable to any Owner or other person or entity for any
damage to persons or property caused by an Owner's
failure to comply with such requirements.
(d) No nuisances (as defined by the Association) shall
be allowed in the Development or any part thereof, and
all valid laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction thereover shall
be observed.
(e) No owner shall erect or maintain any fence or other
barrier, or other structure or improvement on any portion
of the Development without the prior written approval of
the Community Appearance Board.
(f) No open fires shall be permitted on any Common
Areas, except in any areas which may be approved for such
use by the Board of Directors, and no charcoal, starting
fluids or similarly used substances shall be kept in any
portion of the Cornman Areas.
(g) Notwithstanding anything in this Declaration to the
contrary, Declarant and/or the Association may permit
police vehicles or any other law enforcement agency
vehicles be kept on any portion(s) of the Cornman Areas
designated for such use by the Association or Declarant.
Section 3. Temporary Structures. No structure of a
temporary character, or trailer, tent, mobile home or recreational
vehicle, shall be permitted on the Cornmon Areas at any time or used
at any time as a residence, either temporarily or permanently,
except by Declarant during construction and other activities.
Section 4. Signs. No sign of any kind shall be displayed to
the public view on any Unit or on the Common Areas without the
prior written consent of the Association, except for lettering,
registration numbers, flags and other displays customarily found on
18
ORB
8551 P3
84
residential structures.
Section 5. Oil and Mining Operation. No oil drilling, oil
development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in the
Development, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon or in the Development. No
derrick or other structure designed for use in boring for oil or
natural gas shall be erected, maintained or permitted upon any
portion of the land subject to these restrictions. The foregoing
shall not apply to any lawful dredging operations nor to fuel tanks
and equipment installed in the Development by Declarant or the
Association for the purpose of providing fuel to vehicles engaged
in .the construction, sale, leasing, and marketing of the
Development.
Section 6. Pets, Livestock and Poultry. No pets or other
animals shall be permitted in or about the improvements to the
Common Areas except for the purpose of entering or exiting a unit.
All pets brought into the Development shall be leashed (when not in
a Unit) and attended at all times.
Section 7. Commercial Trucks, Trailers, Campers and Boats.
No trucks, commercial vehicles, campers, mobile homes, motorhomes,
house trailers or trailers of every other description, recreational
vehicles, horse trailers or vans, shall be permitted to be parked
or to be stored at any place on the Development between the hours
of 12:00 midnight and 6:00 am. Except as may be permitted by any
rule adopted by the Board of Directors of the Association, no boat
or watercraft shall be stored or parked on any portion of any
Unit, except that an Owner may store a vessel in a place on his
unit that is not readily visible from the Common Areas.
Any vehicle or vessel parked or stored in violation of these
or other restrictions contained herein or in the rules and
regulations now or hereafter adopted may be towed or removed by the
Association in accordance with applicable laws and ordinances at
the sole expense of the Owner of such vehicle or vessel if such
vehicle or vessel remains in violation for a period of 24 hours
from the time a notice of violation is placed on the vehicle or
vessel. The Association shall not be liable to the owner for
trespass, conversion or otherwise, nor guilty of any criminal act,
by reason of such lawful towing and once the notice is posted,
neither its removal, nor failure of the Owner to receive it for
any other reason outside of the direct control of the Association,
shall be grounds for relief of any kind.
Section 8. Garbage and Trash Disposal. No garbage, refuse,
trash or rubbish shall be deposi ted except in trash cans as
permitted by the Association. The requirements from time to time
of the City of Boynton Beach, Florida or other applicable
jurisdiction or entity for disposal or collection of solid waste
19
ORr-- 8551 P'3 8S
shall be followed. The equipment, trash bins or trash cans for the
storage or disposal of such material shall be provided by the Owner
for his respective unit. The Association shall be responsible for
providing proper equipment for disposal of garbage, rubbish, refuse
and trash at various locations in the Cornman Areas. The Owner
shall be responsible for keeping the equipment in a clean and
sanitary condition and for disposing of all garbage, refuse, trash
or rubbish in compliance with all applicable requirements. The
costs of the foregoing shall be a cornman expense.
Section 9. Additional Rules and Regulations. The Association
may modify the rules and regulations set forth above, in whole or
in part and the Association may adopt additional rules and
regulations of the Association which will be incorporated herein by
this reference and which may be modified, in whole or in part, at
any time by the Board. Such modifications need not be recorded in
the Public Records, but shall be kept in the Association's records
and be available for inspection by Owners at reasonable times.
ARTICLE VIII
Community Appearance Board
Section 1. Community Appearance - Common Areas.
No improvement of any nature shall be erected, placed or
altered on any Common Areas by an Owner other than Declarant. Any
change in the exterior appearance of any building, wall, fence, or
other structure or improvements, and any change in the appearance
of the landscaping on any Common Area, shall be accomplished only
by the Association through its Community Appearance Board (the
"CAB"). The CAB shall have the power to promulgate such rules and
regulations in such regard (and in connection with Sections 8 and
9, below) as it deems necessary to carry out the provisions and
intent of this Declaration. The CAB is composed initially of:
Manuel M. Mato
E. Daniel Lopez
Mike Verdeia
and the address of said CAB is, until changed, in care of Next
Boynton Homes, Ltd., 901 Ponce de Leon Boulevard, Suite 600, Coral
Gables, Florida 33134. A majority of the CAB may take any action
the CAB is empowered to take, may designate a representative to act
for the CAB and may employ personnel and consultants to act for it.
In the event of the death, disability or resignation of any member
of the CAB, the remaining members shall have full authority to
designate a successor. Members of the CAB shall be appointed by
the Board of Directors of the Association as a committee thereof.
without limiting the generality of Section 1 of this Article,
the foregoing provisions shall not be applicable to Declarant or to
construction, sales, management or other activities conducted by
20
ORB
8551 P3
86
Declarant.
Section 2. Community Appearance Units. No Improvement
shall be commenced, altered, removed, painted, erected or
maintained in the Development, nor shall any addition, removal,
change or alteration (including paint or exterior finishing)
visible from the exterior of any unit be made, nor shall any
awning, canopy or shutter be attached to or placed upon outside
walls or roofs of buildings or other Improvements, until the plans
and specifications showing the nature, kind, shape, height,
materials, and location of the same shall have been approved in
writing by the CAB. The CAB shall approve proposals or plans and
specifications submitted for approval only if it shall determine
that: (a) the construction, alteration, removal or addition
contemplated thereby in the location(s) indicated is not
detrimental to the appearance of the Development as a whole; and
(b) the appearance of any structure affected thereby will be in
harmony with the surrounding structures and otherwise desirable.
The CAB may condition its approval of proposals and plans and
specifications as it shall deem appropriate, and may require
submission of additional plans and specifications or other
information prior to approval or disapproval of material submitted.
The CAB may also issue rules or guidelines setting forth procedures
for the submission of plans for approval. The CAB may require such
detail in plans and specifications as it shall deem proper,
including, without limitation, floor plans, site plans, drainage
plans, elevation drawings, and descriptions or samples of exterior
materials or colors. until the CAB shall have received all
required plans and specifications, it may postpone review of any
plans submitted for approval. Upon such receipt, the CAB shall
have thirty (30) days in which to accept or reject any proposed
plans; if the CAB shall not reject same within such time, said
plans will be deemed approved. The CAB may require the payment of
reasonable fees by a party requesting its approval hereunder, and
such fees may be applied to CAB-related costs, expenses and
salaries at the CABs discretion.
Section 3. Completed Work; Inspections and Corrections.
Inspection of work for approved plans and correction of defects
shall proceed as follows:
(a) Upon completion of work, Owner/Applicant shall give
written notice of completion to CAB;
(b) within sixty (60) days thereafter, the CAB may
inspect the work. If the CAB shall find that the work done is
not in compliance with the approved plans, it shall notify the
Owner/Applicant within such 60-day period and shall require
corrections for compliance. The CABs failure to notify
Owner/Applicant of the noncompliance within the 60-day period
after receipt of written notice of completion shall be deemed
an approval of the work as completed;
21
ORL..
8551 pg
87
(c) If the Owner/Applicant shall not have corrected the
noncompliance within thirty (30) days after the date of
notification the CAB shall notify the Association of such
failure. The Association, at its option, may remove the
noncomplying work or remedy the noncompliance, and Owner
/Applicant shall reimburse the Association upon demand for all
expenses incurred, plus an administrative charge not to exceed
twenty-five percent (25%) of said expe~ses. If such expenses
shall not be promptly paid, the Association shall levy an
individual special assessment against such unit.
Section 4. General Powers. The CAB shall have the absolute
power to: (a) veto any action (taken or contemplated); (b) require
specific action to be taken in connection with applicable sections
in this Article.
ARTICLE IX
Resale and Leasing Restrictions
Section 1. Leasing of units. In order to maintain the
Development as a non-transient development, no Owner, other than
Declarant, may lease, and no lessee may sublease, his Unit except
in accordance with this Section. All references herein to leases
shall be deemed to also include applicable subleases, and lessees
to include sublessees. Any lease of a unit must be for the entire
unit (including all appurtenances thereto) and for a term of not
less than thirty (30) days. All leases shall be in the form
promulgated by the Association from time to time, or in the absence
of such a form, on such form of lease as is submitted to the
Association and approved thereby, which approval the Association
may withhold in its sole discretion. The Lessor and Lessee shall
also promptly supply to the Association such additional information
as it may reasonably require in connection with its determination
of whether or not to grant its approval.
within thirty (30) days of its receipt of the lease, forms and
all requested additional information, the Association shall notify
the involved Owner, in writing, of its approval or disapproval of
the proposed lease/lessee. The Association may condition its
approval on the making of reasonable modifications to the lease or
on such other matters as the Association may deem appropriate.
The minimum standards for the approval of a lease shall be:
(a) the lease shall provide that the lessee (and his
family, agents, guests and invitees) shall comply with
all provisions of this Declaration and all applicable
restrictions, rules and regulations of the Association.;
(b) the lease shall provide that the Owner and lessee
shall jointly and severally indemnify the Association and
all other owners for any negligent or intentional acts or
omissions of the lessee committed within the Development;
22
Of"
ass 1 P9
88
(c) the lease shall provide that it may be terminated by
the Association upon not more than seven (7) days, prior
written notice to the Owner and lessee for the Owner's
or lessee's failure to comply with the provisions of this
Declaration (including, but not limited to, Article VII
hereof) and all restrictions, rules and regulations of
the Association;
(d) the Owner or lessee, as they between themselves may
decide, shall deliver to the Association a security
deposit in an amount equal to the first month's rental
due under the lease from which the Association may deduct
the costs of any repairs or extraordinary maintenance
necessitated by the acts or omissions of the lessee
without waiving any of its other rights arising
therefrom, the balance to be returned to the Owner or
lessee, as appropriate, within thirty (30) days of the
termination or expiration of the lease and the vacating
of the Unit by the lessee; and
(f) such other standards as the Association may from
time to time adopt.
Nothing herein contained nor done by an Owner, lessee or the
Association shall be deemed to establish a landlord-tenant or the
principal-agent relationship between the Association and the Owner
or lessee, the sole purpose of the requirements of this Section
being to ensure the compliance of all parties with this Declaration
and applicable restrictions, rules and regulations including,
without limitation, the protection of Units and Common Areas.
Section 6. Estoppel Certificate. No Owner may lease, sell or
convey his interest in a unit unless all sums due the Association
shall be paid in full and an estoppel certificate in recordable
form to such effect shall have been received by the Owner. If all
such sums shall have been paid, the Association shall deliver such
certificate within ten (10) days of a written request therefor.
The Owner requesting the certificate shall pay to the Association
a reasonable sum, not to exceed $50.00, to cover the costs of
examining records and preparing the certificate.
ARTICLE X
Enforcement
Section 1. Compliance by Owners. Every Owner shall comply
wi th all rules and regulations which from time to time may be
adopted by the Board of Directors of the Association.
Section 2. Enforcement. Failure of an owner to comply with
such aforesaid restrictions, covenants or rules and regulations
shall be grounds for immediate action to recover sums due the
23
ORl.
8551 pg
89
Association, for damages, injunctive relief, or any combination
thereof. The Association shall have the right to suspend the right
of a violating Owner to use the Common Areas.
Section 3. Fines. In addition to all other remedies, in the
sole discretion of the Board of Directors of the Association, a
fine or fines, as provided in the rules and regulations (which
shall provide for notice and hearing) which may be adopted from
time to time, may be imposed upon an Owner for failure of an Owner,
his family, guests, lessees, sublessees, invitees or employees, to
comply with any covenant, restriction, rule or regulation.
ARTICLE XI
General provisions
Section 1. Duration. The covenants and restrictions of this
Declaration shall run with and bind the Community, and shall inure
to the benefit of and be enforceable by Declarant, the Association
or the Owner of any unit subject to this Declaration, and their
respective legal representatives, heirs, successors and assigns,
for a term of ninety-nine (99) years from the date this Declaration
is recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years each unless an
instrument signed by the Owners of 66 2/3% of the Units, and
Declarant (as long as it owns any interest in the Development) has
been recorded, agreeing to revoke said covenants and restrictions.
Provided, however, that no such agreement to revoke shall be
effective unless made and recorded three (3) years in advance of
the effective date of such revocation, and unless written notice of
the proposed agreement is sent to every owner at least ninety (90)
days in advance of any action taken.
Section 2. Notice. Any notice required to be sent to any
Member or Owner under the provisions of this Declaration shall be
deemed to have been given when personally delivered or mailed,
postpaid, to the last known address of the person who appears as
Member or Owner on the records of the Association at the time of
such mailing. An affidavit of an Association's employee, officer
or director or an employee of the applicable management agent that
notice was mailed as aforesaid or a u.s. Postal Service certificate
of mailing shall be conclusive proof of the giving of such notice.
Section 3. Enforcement. Enforcement of these covenants and
restrictions shall be accomplished by any proceeding at law or in
equity against any person or persons violating or attempting to
violate any covenant or restriction, either to restrain violation
or to recover damages, and against the units to enforce any lien
created by these covenants; and failure by Declarant, the
Association or any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
24
ORi- 8551 p~ 90
Section 4. Severability. Invalidation of anyone of these
covenants or restrictions or any part, clause or word hereof or the
application thereof in specific circumstances, by judgment or
court order shall not affect any other provisions, or application
in other circumstances, all of which shall remain in full force and
effect.
Section 5. Amendment. In addi tion to any other manner
herein provided for the amendment of this Declaration, the
covenants, restrictions, easements, charges, liens and other
provisions of this Declaration may be amended, changed or added to
at any time and from time to time upon the execution and
recordation of an instrument executed by Declarant for any purpose,
including, but not limited to, adding additional units and/or
Common Area to be subject to this Declaration, for so long as it
holds title to any unit affected by this Declaration; or
alternatively by approval at a meeting of owners holding not less
than 66-2/3% vote of the membership in the Association, provided,
that so long as Declarant is the Owner of any unit affected by this
Declaration or of any portion of BOYNTON ESTATES, Declarant' s
consent must be obtained if such amendment, in the sole opinion of
Declarant, affects its interest. This Section 5 shall be subject
and subordinate to the provisions of Article I, Section (g) hereof
as to the rights of Declarant named therein (to the extent such
entity so named is at any time no longer Declarant hereunder).
This Section 5 may not be amended.
Section 6. Effective Date. This Declaration shall become
effective upon its recordation in the Public Records of Palm Beach
County, Florida.
Section 7. Withdrawal. Anything herein to the contrary
notwithstanding, Declarant reserves the absolute right to amend
this Declaration at any time, without prior notice and without the
consent of any person or enti ty , for the purpose of removing
certain portions of the Development from the provisions of this
Declaration.
Section 8. Conflict. This Declaration shall take precedence
over conflicting provisions in the Articles of Incorporation and
By-Laws of the Association and the Articles shall take precedence
over the By-Laws.
Section 9. Standards for Consent, Approval, Completion, other
Action and Interpretation. Whenever this Declaration shall
require the consent, approval, completion, substantial completion,
or other action by Declarant, the Association or the CAB, such
consent, approval or action may be withheld in the sole and
unfettered discretion of the party requested to give such consent
or approval or take such action, and all matters required to be
completed or substantially completed by Declarant or the
Association shall be deemed so completed or substantially completed
25
. ~
Of.
as::> 1 Ps
91
when such matters have been completed or substantially completed in
the sole and unfettered opinion of Declarant or the Association,
as appropriate. This Declaration shall be interpreted by the Board
of Directors, and an opinion of counsel to the Association or
Declarant rendered in good faith that a particular interpretation
is not unreasonable shall conclusively establish the validity of
such interpretation.
Section 10. Easements. Should the intended creation of any
easement provided for in this Declaration fail by reason of the
fact that at the time of creation there may be no grantee in being
having the capacity to take and hold such easement, then any such
grant of easement deemed not to be so created shall nevertheless be
considered as having been granted directly to the Association as
agent for such intended grantees for the purpose of allowing the
original party or parties to whom the easements were originally to
have been granted the benefit of such easement and the Owners
designate hereby Declarant and the Association (or either of them)
as their lawful attorney-in-fact to execute any instrument on such
Owners' behalf as may hereafter be required or deemed necessary for
the purpose of later creating such easement as it was intended to
have been created herein. Formal language of grant or reservation
with respect to such easements, as appropriate, is hereby
incorporated in the easement provisions hereof to the extent not
so recited in some or all of such provisions.
Section 11. Covenants Running with the Land. Anything to the
contrary herein notwithstanding and without limiting the generality
(but subject to the limitations) of Section 1 hereof, it is the
intention of all parties affected hereby and their respective
heirs, personal representatives, successors and assigns) that these
covenants and restrictions shall run with the land and with title
to the properties subject hereto. without limiting the generality
of Section 4 hereof, if any provision or application of this
Declaration would prevent this Declaration from running with the
land as aforesaid, such provision and/or application shall be
judicially modified, if at all possible, to come as close as
possible to the intent of such provision or application and then be
enforced in a manner which will allow these covenants and
restrictions to so run with the land; but if such provision and/or
application cannot be so modified, such provision and/or
application shall be unenforceable and considered null and void in
order that the paramount goal of the parties affected hereby (that
these covenants and restrictions run with the land as aforesaid)
shall be achieved, Cy Pres.
Section 12. Execution of Documents; Attorney-in-Fact. ~
limiting the generality of any other sections of this Declaration
and without such other sections limiting the generality hereof,
each Owner, by reason of the acceptance of a deed to such Owner's
Unit, hereby agrees to execute, at the request of the Association
or Declarant, all documents and consents which may be required to
26
.r
OR.
ass 1 P9
9..,
-'
effect the intent of any or all portions of this Declaration, and
each such Owner further hereby. and thereby appoints the Association
and Declarant as such Owner's agents and attorneys-in-fact to
execute, on behalf and in the name of such Owners, any and all of
such documents and consents. This power of attorney is coupled
wi th an interest and is irrevocable. The provisions of this
Section may not be amended without the consent of the Association
and Declarant.
Section 13. Consumer Price Index. Whenever specific dollar
amounts are stated in this Declaration or any exhibits hereto,
unless limited by law or the specific text hereof (or thereof),
such amounts shall increase from time to time by application of a
nationally recognized consumer price index chosen by the Board,
using the date this Declaration is recorded as the base year. In
the event no such consumer price index is available, the Board
shall choose a reasonable alternative to compute such increases.
The provisions of this Section shall not apply, however, to the
budget for the Association.
27
..
ORl.
8551 P9
93
EXECUTED as of the date first above written.
signed, sealed, and delivered
i~OU~~~
N~ .d'dfhA~ "/by~r)f
Vl-k/ t! 1: :rT7
NAME rhfl1et... (,. 'f.~..N
NEXT BOYNTON HOMES, LTD., a Florida limited
partnership
By: NEXT BOYNTON DEVELOPMENT COMPANY, LTD.
Its: General Partner
By: NEXT DEVELOPMENT CORPORATION
W~UrLrner
Manuel M. Mato
President
SWORN AND SUBSCRIBED before me this p. -I1..daY of ~"" ...., 199~bY
Manuel M. Mato, president of Next Boynton Development orporation, general
partner of Next Boynton Development Co., Ltd., general a tner of Next Boynton
Homes, Ltd., and he acknowledged before me that he ex uted the same in the
presence of two subscribing witnesses freely and vo u arily under authority
vested in him by said corporation and that the affixe se 1 thereto is the true
co~orate seal of .said corporation. He is personally: n w to me or did produce
B:..OLlJ)I.. DI','II@L'( tlClNJas identification and who did an th.
,
,
of lorida
HECTOR FORMOSo-MURIAS
Notary Publlc-5tate of AorIda
My commission expires AUG 25. t 995
COMM. # CC 138879
28
OR
8551 pg
94
JOINDER
BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not for profit, hereby agrees to accept all of the
benefits and all of the duties, responsibilities, obligations and
burdens imposed upon it by the provisions of the foregoing
Declaration and Exhibits attached thereto.
IN WITNESS WHEREOF, BOYNTON ESTATE HOMEOWNERS ASSOCIATION,
INC. has caused these presents to be signed in its name by its
proper officer and its corporate seal to be affixed this 15th day
of December, 1994.
BOYNTON ESTATES HOMEOWNERS
ASSOCIATION, INC.
j~~~ ~T~.
ITS: President
29
!1
ORB 8551 P9
9S
EXHIBIT "A"
to the Declara _on of Restrictions, Protective ~venants, and
Easements for BOYNTON ESTATES
ARTICLES OF INCORPORATION
OF
BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC.
The undersigned subscribers, desiring to form a corporation
not for profit under Chapter 617, Florida Statues, hereby adopt the
following Articles of Incorporation:
ARTICLE I
NAME
The name of the corporation shall be BOYNTON ESTATES
HOMEOWNERS ASSOCIATION, INC., which is hereinafter referred to as
"the Association".
ARTICLE II
PURPOSES AND POWERS
The objects and purposes of the Association are those objects
and purposes as are authorized by the Declaration of Restrictions,
Protective Covenants and Easements for BOYNTON ESTATES (the
"Community"), recorded (or to be recorded) in the Public Records of
Palm Beach County, Florida, as hereafter amended and/or
supplemented from time to time (the "Covenants"). The further
objects and purposes of the Association are. to preserve the values
of the Units and amenities in the Community, as defined in the
Covenants, and to maintain the Common Areas, as defined in the
Covenants, thereof for the benefit of the Members of the
Association.
The Association is not organized for profit and no part of the
net earnings, if any, shall inure to the benefit of any Member or
individual person, firm or corporation.
The Association shall have the power to contract for the
management of the Association and to delegate to the party with
whom such contract has been entered into (which may be an affiliate
of the Developer) the powers and duties of the Association, except
those which require specific approval of the Board of Directors or
Members.
The Association shall have all of the common law and statutory
powers of a corporation not for profit which are not in conflict
with the terms of the Articles and Covenants above identified. The
Association shall also have all of the powers necessary to
implement the purposes of the Association as set forth in said
Covenants and to provide for the general health and welfare of its
membership.
Definitions set forth in the Covenants are incorporated herein
by this reference.
ORb ass 1 P9 96
ARTICLE III
MEMBERS
Section 1. Membership. Every person or entity who or which
is a record owner of a fee or undivided fee interest in any Unit
which is subject by covenants of record to assessment by the
Association shall be a Member of the Association, provided that any
such person or entity who holds such interest merely as security
for the performance of an obligation shall not be a Member.
Section 2. Voting Rights. The Association shall have two (2)
classes of voting membership:
Class A. Class A Members shall be all those Owners as defined
in section 1 with the exception of NEXT BOYNTON HOMES, LTD., a
Florida limited partnership, herein referred to as lithe Developer"
(as long as the Class B Membership shall exist, and thereafter, the
Developer shall be a Class A Member to the extent it would
otherwise qualify). Class A Members shall be entitled to one (1)
vote for each Unit in which they hold the interests required for
membership by Section 1. When more than one person holds such
interest or interests in any Unit, all such persons shall be
Members, and the vote for such Unit shall be exercised as they
among themselves determine, but in no event shall more than one
vote be cast with respect to any such Unit.
Class B. The Class B Member shall be the Developer. The
Class B Member shall be entitled to one (1) vote, plus two (2)
votes for each vote which the Class A Members are entitled to cast
from time to time (e.g., if Class A Members have a total of twenty
(20) votes among them, the Class B Members would have forty-one
(41) votes). The Class B membership shall cease and terminate (i)
one (1) year after the last Unit within the Community (as defined
in the Covenants) has been sold and conveyed by Developer, or (ii)
thirty (30) days after the Developer elects to terminate the Class
B Membership (whereupon the Class A Members shall be obligated to
elect the Board and assume control of the Association).
Section 3. Meetings of Members. The By-Laws of the Association
shall provide for an annual meeting of Members, and may make
provisions for regular and special meetings of Members other than
the annual meeting. A quorum for the transaction of business at
any meeting of the Members shall exist if 33-1/3% of the total
number of Members in good standing shall be present or represented
at the meeting.
Section 4. General Matters. When reference is made herein,
or in the Covenants, By-Laws, Rules and Regulations, Management
Contract or otherwise, to a majority or specific percentage of
Members, such reference shall be deemed to be reference to a
majority or specific percentage of the votes of Members and not of
the Members themselves.
2
OR&.. ass 1 Fg 97
ARTICLE IV
CORPORATE EXISTENCE
The Association shall have perpetual existence.
ARTICLE V
BOARD OF DIRECTORS
Section 1. Management of Directors. The property, busines.s and
affairs of the Association shall be managed by a Board of
Directors, which shall consist of not less than three (3) persons,
but as many persons as the Board of Directors shall from time to
time determine. A majority of the directors in office shall
constitute a quorum for the transaction of business. The By-Laws
shall provide for meetings of directors, including an annual
meeting.
Section 2. Original Board of Directors. The names and
addresses of the first Board of Directors of the Association, who
shall hold office until the first annual meeting of Members and
thereafter until qualified successors are duly elected and have
taken office, shall be as follows:
Name
Address
E. Daniel Lopez
901 Ponce De Leon Blvd., #600
Coral Gables, Florida 33134
901 Ponce De Leon Blvd., #600
Coral Gables, Florida 33134
Manuel M. Mato
Mike Verdeja
901 Ponce De Leon Blvd., #600
Coral Gables, Florida 33134
Section 3. Election of Members of Board of Directors. ~
for the first Board of Directors and Developer-appointed
replacements thereof, Directors shall be elected by the Members of
the Association at the annual meeting of the membership as provided
by the By-Laws of the Association, and the By-Laws may provide for
the method of voting in the election and for removal from office of
directors. All directors shall be members of the Association or
shall be authorized representatives, officers, or employees of
corporate members of the Association, or designees of the
Developer.
Section 4. Duration of office. The Directors named herein and
their Developer-appointed replacements shall serve until the
Developer elects to terminate the Class B Membership as provided in
the Covenants and the By-laws, or earlier at the election of the
Developer. Thereafter, directors shall serve as follows:
3
..
ORB 8551 pg 98
(a)
The candidate rece~v~ng the highest number of votes at
the meeting where the Class A Members first elect
directors shall serve a term of three (3) years,
(b)
the candidate receiving the next two (2) highest numbers
of votes at such meeting shall each serve a term of two
(2) years,
(c)
thereafter, each director shall serve a term of two (2)
years.
Section 5. Vacancies. If a director elected by the general
membership shall for any reason cease to be a director, the
remaining directors so elected may elect a successor to fill the
vacancy for the balance of the unexpired term.
ARTICLE VI
OFFICERS
Section 1. Officers Provided for. The Association shall have
a President, a Vice-President, a Secretary and a Treasurer, and
such other officers as the Board of Directors may from time to time
elect. One (1) person may hold more than one (1) office, provided
that the President shall not serve as Secretary at the same time.
section 2. Election and Appoint.ment of Officers. The officers
of the Association, in accordance with any applicable provision of
the By-Laws, shall be elected by the Board of Directors for terms
of one (1) year and thereafter until qualified successors are duly
elected and have taken office. The By-Laws may provide for the
method of voting in the election, for the removal from office of
officers, for filling vacancies and for the duties of the officers.
The President shall be a director; other officers mayor may not be
directors of the Association. If the office of President shall
become vacant for any reason, or if the President shall be unable
or unavailable to act, the Vice President shall automatically
succeed to the office or perform its duties and exercise its
powers. If any office other than that of the President shall
become vacant for any reason, the Board of Directors may elect or
appoint an individual to fill such vacancy.
Sect.ion 3. First. Officers. The names and addresses of the first
officers of the Association, who shall hold office until the first
annual meeting of directors and thereafter until successors are
dully elected and have taken office, shall be as follows:
4
------,,---,--~^_._~-- ----~
,.
O~\_- ass 1 P9
99
Name and Office
Address
President:
Manuel M. Mato
901 Ponce De Leon Blvd., #600
Coral Gables, Florida 33134
Vice-President:
E. Daniel Lopez
901 Ponce De Leon Blvd., #600
Coral Gables, Florida 33134
Secretary-Treasurer:
Mike Verdeja
901 Ponce De Leon Blvd., #600
Coral Gables, Florida 33134
ARTICLE VII
BY-LAWS
The Board of Directors shall adopt By-Laws consistent with
these Articles of Incorporation. Such By-Laws may be altered,
amended or repealed by the membership in the manner set forth in
the By-Laws.
ARTICLE VIII
AMENDMENTS
Section 1. Amendments to these Articles. of Incorporation shall
be proposed and approved by the Board of Directors and, after
notice to the Members wi thin the time and manner provided in
Chapter 617, Florida Statutes setting forth the proposed amendment
or a summary of the changes to be affected thereby, thereafter
submitted to a meeting of the membership of the Association for
adoption or rejection (by affirmative vote of 66-2/3% of the
Members), provided that as long as the Developer owns any Unit,
these Articles may be amended by the Developer alone without the
consent of the Members or the Board.
Section 2. In case of any conflict between these Articles of
Incorporation and the By-Laws, these Articles shall control; and in
case of any conflict between these Articles of Incorporation and
the Covenants, the Covenants shall control.
ARTICLE VIllI
INCORPORATOR
is:
The name and address of the Incorporator of this Corporation
Name
Address
Manuel M. Mato
901 Ponce de Leon Blvd., Sui~e 501
Coral Gables, Florida 33134
5
Ol
8551 P9
100
ARTICLE X
INDEMNIFICATION
Section 1. The Association shall indemnify any person who was
or is a party or is threatened to be made a party to any
threatened, pending or contemplated action, suit or proceeding,
whether civil, criminal, administrative or investigative by reason
of the fact that he is or was a director, employee, officer or
agent of the Association, against expenses (including attorneys'
fees and appellate attorneys' fees), judgments, fines and amounts
paid in settlement actually and reasonably incurred by him in
connection with such action, suit or proceeding unless (a) it is
determined by a court of competent jurisdiction, after all
available appeals have been exhausted or not pursued by the
proposed indemnitee, that he acted in bad faith or in a manner he
reasonably believed to be not in or opposed to the best interest of
the Association, and, with respect to any criminal action or
proceeding, that he had reasonable cause to believe his conduct was
unlawful, and (b) such court further determines specifically that
indemnification should be denied. The termination of any action,
suit or proceeding by judgment, order settlement, conviction, or
upon a plea of nolo contendere or its equivalent, shall not, of
itself, create a presumption that the person did act in bad faith
or in a manner which he reasonably believed to be not in or opposed
to the best interest of the Association, and with respect to any
criminal action or proceeding, had reasonable cause to believe that
his conduct was unlawful.
Section 2. To the extent that a Director, officer employee or
agent of the Association has been successful on the merits or
otherwise in defense of any action, suit or proceeding referred to
in section 1 above or in defense of any claim, issue or matter
therein, he shall be indemnified against expenses (including
attorneys' fees and appellate attorneys' fees) actually incurred by
him in connection therewith.
Section 3. Expenses incurred in defending a civil or criminal
action, suit or proceeding shall be paid by the Association in
advance of the final disposition of such action, suit or proceeding
through all available appeals upon receipt of an undertaking by or
on behalf of the director, officer, employee or agent to repay such
amount unless it shall ultimately be determined that he is entitled
to be indemnified by the Association as authorized in this Article.
Section 4. The indemnification provided by this Article shall
not be deemed exclusive of any other rights to which those seeking
indemnification may be entitled under any bylaw, agreement, vote of
Members or otherwise, both as to action in his official capacity
while holding such office or otherwise, and shall continue as to a
person who has ceased to be director, officer, employee or agent
and shall inure to the benefit of the heirs, executors and
administrators of such person.
6
~
EXHIBIT "B" ORB 8551 P9 101
t6 the Declar on of Restrictions. Protectivl ovenants. and
Easements for BOYNTON ESTATES
BY-LAWS
OF
BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC.
A Corporation Not for Profit
Under the Laws of the State of Florida
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to BOYNTON
ESTATES HOMEOWNERS ASSOCIATION, INC., a nonprofit corporation
organized and existing under the laws of the State of Florida.
Section 2. "Owner II shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title to
any unit.
section 3. "Member" shall mean and refer to all those Owners of
record title to any unit.
Section 4. All other definitions from the Covenants (the
"Covenants") described in the Articles of Incorporation of the
Association are incorporated herein by this reference.
ARTICLE II
LOCATION
Section 1. Until changed, the principal office of the
Association shall be located at 901 Ponce de Leon Boluevard, Suite
600, Coral Gables, Florida 33134.
ARTICLE III
MEMBERSHIP
Section 1. Membership of the Association is as set forth in
Article III, Section 1 of the Articles of Incorporation of the
Association.
Section 2. The rights of membership are subject to the payment
of annual and special assessments and sur~harges levied by the
Association, i..il~ obligation of which assessments are imposed
against each Owner of, and becomes a lien upon, the unit against
which such assessments are made as provided by Article VI of the
Covenants.
ORl
BSS1 P9
102
ARTICLE IV
BOARD OF DIRECTORS
Sect.ion 1. The directors of the Association shall be elected at
the annual meeting of the Members as specified in the Articles of
Incorporation. The election shall be decided by majority vote of
all Members present in person or by proxy and voting at the annual
meeting.
Section 2. Any director may be removed from office at any time
with or without cause by the affirmative majority vote of the
Association membership.
Section 3. Except for the organizational action of the first
board, which may be done by written instrument, the first meeting
of a newly elected Board of Directors, for the purposes of
organization, shall be held immediately after the annual meeting of
Members, provided the majority of the Members of the Board elected
be present. Any action taken at such meeting shall be by a
majority of the whole Board. If the majority of the members of the
Board elected shall not be present at that time, or if the
directors shall fail to elect officers, the meeting of the Board to
elect officers shall then be held within thirty (30) days after the
annual meeting of Members upon three (3) days' notice in writing to
each member of the Board elected, stating the time, place and
object of such meeting.
Section 4. Regular meetings of the Board of Directors may be
held at any place or places within Palm Beach County, Florida, on
such days and at such hours as the Board of Directors may, by
resolution, designate.
Sect.ion 5. No notice shall be required to be given of any
regular meeting of the Board of Directors.
Section 6. Special meetings of the Board of directors may be
called at any time by the President or by any two (2) members of
the Board and may be held any place or places within Palm Beach
County, Florida, and at any time.
Sect.ion 7. Notice of each special meeting of the Board of
Directors, stating the time, place and purpose or purposes thereof,
shall be given by or on behalf of the President or by or on behalf
of the Secretary or by or on behalf of any two (2) members of the
Board to each member of the Board not less than three (3) days by
mail, or one ( 1 ) day be telephone or telegraph, prior to the
meeting. Special meetings of the Board may also be held at any
place and time without notice by unanimous waiver of notice by all
the Directors.
Sect.ion 8. Directors (including affiliates of the Declarant)
shall have the absolute right to resign at any time and the
2
ORb 8551 P3
103
remaining directors in office shall then fill the vacancies,
provided that if all directors resign, a special meeting of members
shall be called as soon as possible for the purpose of electing new
directors and the resignations of such directors shall not be
effective until such election is held and new directors are
elected, except that if no meeting is held or no directors are
elected after two (2) attempts to call and hold such meeting, the
resignations shall become effective simultaneously with the date
and time of the scheduled second meeting, whether held or not or
whether new directors are elected or not.
ARTICLE V
OFFICERS
Sect.ion 1. Any officer may be removed at any time by the
affirmative vote of a majority of the Board of Directors at any
duly called regular or special meeting of the Board.
Sect.ion 2. The President shall be the chief executive officer
of the Association. The President shall preside at all meetings of
the Members of the Association and of the Board of Directors. He
shall have the general powers and duties of supervision and
management of the Association which usually pertain to his office,
and shall perform all such duties as are properly required of him
by the Board of Directors. The Board of Directors shall elect at
least one ( 1) vice President, who shall have such powers and
perform such duties as usually pertain to such office or as are
properly required of him by the Board of Directors. In the absence
or disability of the President, any vice President shall perform
the duties and exercise the powers of the President. The Secretary
shall issue notices of all meetings of the membership of the
Association and the directors where notices of such meetings are
required by law or in these By-Laws. He shall keep the minutes of
the meetings of the membership and of the Board of Directors. The
Treasurer shall have the care and custody of all the monies and
securities of the Association. He shall sign such instruments as
require his signature and shall perform all such duties as usually
pertain to his office or as are properly required of him by the
Board of Directors.
Section 3. Vacancies in any office arising from any cause may
be filled by the Board of Directors at any regular or special
meeting.
ARTICLE VI
MEETINGS OF MEMBERS
Section 1. As referred to herein or in the Declaration,
Articles or any other document adopted by or affecting the
Association, as "duly called" or "duly constituted" meeting of the
Association by its Members or the Board of Directors shall be
deemed to be a meeting called and conducted in accordance with the
3
requirements of the By-Laws.
Section 2. The regular annual meeting of the Members shall be
held in the month of March in each year at such time and place as
shall be determined by the Board of Directors.
ORS 8551 pg
104
Section 3. Special meetings of the Members for any purpose may
be called at any time by the President, the Vice President, the
Secretary or Treasurer, or by any two (2) or more members of the
Board of Directors, or upon written request of the Members who have
a right to vote one-third (1/3) of all the votes of the entire
membership, or who have a right to vote one-third (1/3) of the
votes of the Class A membership.
Section 4. Notice of an annual or special meeting may be given
to the Member either personally, or by sending a copy of the notice
through the mail , postage thereon fully paid, to his address
appearing on the records of the corporation. Notices shall be
effective when given personally or placed in the mail as aforesaid.
Each Member shall register his address with the Secretary, and
notices of meetings shall be mailed to him at such address. Notice
of any meeting, regular or special, shall be deemed given once
placed in the mail.
Section 5. The presence in person or by proxy at the meeting of
Members entitled to case 33-1/3% of the votes of the membership
shall constitute a quorum for any action governed by these By-laws.
Section 6. Proxies must be in writing and signed by all record
Owners of a Unit or the person designated in a voting certificate
signed by all such Owners as the person authorized to cast the vote
attributable to such Unit. No person other than a designee of the
Declarant is permitted to cast more than five (5) votes by proxy.
Section 7. Meetings shall be governed by Roberts' Rules of
Order (latest edition).
ARTICLE VII
BOOKS AND PAPERS
Section 1. The books, records and papers of the Association
shall at all times, during reasonable business hours, be subject to
the inspection of any Member of the Association.
ARTICLE VIII
AMENDMENTS
Section 1. These By-Laws may be amended, at a regular or
special meeting of the Members, by a vote of 66-2/3% of Members
present and voting in person or by proxy, provided that the notice
4
OP.E
8551 F9
105
to the members of the meeting discloses the information that the
amendment of the By-Laws is to be considered, provided, however,
the provisions which are governed by the Articles of Incorporation
of this Association may not be amended except as provided in the
Articles of Incorporation or applicable law; and provided further
that any matters stated herein to be or which are in fact governed
by the Covenants referred to herein may not be amended except as
provided in such Covenants. Anything to the contrary herein
notwithstanding, the Declarant shall have the absolute right to
amend these By-Laws and the Articles of Incorporation as long as
the Declarant owns any Unit without the consent of the members or
the Board.
Sectiqn 2. In case of any conflict between the Articles of
Incorporation and these By-Laws, the Articles shall control; and in
case of any conflict between the Covenants and these By-Laws, the
said Covenants shall control.
I HEREBY CERTIFY that the foregoing By-Laws of the above-named
corporation were duly adopted by,the Board of Directo5.~ of said
Association on the ~ day of .I~L-C.-A-- b'-C.. ....... , 19~.
M~~~)1~~f: kfS~dent
5
ORB 8SS 1 P9
106
EXHIBIT "C"
to the Declaration of
Restrictions, Protective
Covenants, and Easements
for BOYNTON ESTATES
DESCRIPTION of COMMON AREAS:
Tracts A thru 0, inclusive, and Q thru X, inclusive, of the
Plat of BOYNTON ESTATES, to be recorded in the Public Records of
Palm Beach County, Florida, as amended and/or supplemented from
time to time.
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ORt 8551 P9 107
DOROTHY H. WILKEN, CLERK FB CO~~TY, FL
EXHIBIT "D"
to the Declaration of
Restrictions, Protective
Covenants, and Easements
for BOYNTON ESTATES
LEGAL DESCRIPTION OF REAL PROPERTY
The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW
1/4) or the Northwest Quarter (NW 1/4); and the Northeast
Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4); and the Northwest Quarter (NW 1/4)
or the Southeast Quarter (5E 1/4) of tbe Northwest Quarter (NW
1/4) of section Eighteen (18), Township Forty-Five (45) South,
Range Forty-Three (43) East, Palm Beach County, Florida;
subject to*
LESS AND EXCEPT, a Parcel of land for right-of-way purposes,
lying in Section 18/ Township 45 South, Range 43 East, County
or Palm Beach, state of Florida, and more particularly
described as follows:
The South 60.00 feet of the Wast 350.00 feet of the North One-
H~lt (N 1/2) of the South One-Half (5 1/2) of the Northwest
ona-Qunrter (NW 1/4) of section 18,-~Township 45 South, Range
43 East, county of Palm Beach, Florida, AND LESS AND EXCEPT,
The Right or Way of Lawrence Road.
(~the West 40' or the above described real property being
subject to the possible rights of other parties to use said
West 40' for drainage purposes.)
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 7, 1995
2.--!roao~ "'~n No. R96-34 Re: ~nal p~pproval for
~s Park _ -
City Attorney Cherof read Proposed Resolution No. R95-34 by title only.
Motion
Commissioner Aguila moved to approve Proposed Resolution No. R95-34. Mayor Pro
Tern Bradley seconded the motion, which carried 3-2. Vice Mayor Matson and
Commissioner Katz cast th es.
3. Proposed Resolution No. R95-35 Re: Support of 1eg1s1~1on
pen ng before the U. S. CGQgress to refonm t~ Safe D~qnk1ng
Wate Act \ \ \
\ \ \
City Attorney Cherof r \d Proposed Reso1ut1on'\No. R95-35 by t1t1&\on1Y. '
\ \
\ \
~ "\ ,
oner Aguila moved t'o" approve Proposed Reso\ut1on No. R95-35. \Mayor Pro
ey seconded the mot~n. \
Mayor Harm .1ng fel t the CIty' ~''''OS1tIOn should be evliq stronger. '\';
comm1ss1one~~atz stated that 1t'>~unds as if people are ,t.r. y1ng to weaken.
current standa~Qs, not strength th~. "
\ \ .
Mayor Hanmen1ng feJt the proposal to $l)end money to test fof',contam1nants that
have never appeared,,~n the water anYWher~ in the State of F1o(1da was ludicrous.
e motion carried 5-b"
.
\ . ~
" 4. Proposed ..solutton No. R9S-3$\Re: Amendment to In~er10ca1
'\. Agreement re~erence expanding utilities service area",\,
City At~ney Cherof read PrOposed Resolution No~;R95-36 by title only.
,\ '
Motion \\. '" \\
Mayor Pro Tem''Qrad1ey moved to apprQve Proposed Reso1u~1on No. R95-36. "
Commissioner Ka~seconded the mot1oh:\~ "
Commissioner Agu1fa pointed out a tYPogr:~Ph1ca1 error in the word "service" on
he third line of S t10n 1, page 1. \ .,
\
.
that another ~1gnature line is n~eded on the last
\\
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MARCH 7. 1995
Virginia Young of Lake ~h has a child who at~s Citrus Cove Elementary
~OOl. She expressed concern for the safety of ttie, children ~t attend that
sc l. . '. ,
, ", "
'.." : .',: "
Richard n.natale, 192 Orange Drive; .stated that the taxpayers and reUdents of
the Ci ty exp,ect the Commi ssion to watch out for them. ", '
commissiOner'~gU1la. stated that the Co~l~ion recognizes th:'~e..,.iS a problem a d
they have heard th~, people. He assured the'~eople that the prob~ will be
dealt with. He guataQteed them that the Camm~sion will go with t to the
School Board and to the"County to see what can be done. He adv1 sed at there
s a great deal of act1vtty going on between the ~ty Manager's Office, the
C~ty Commission, the Couri~X Traffic Officers and ~er people to solve 'is
probl~. "'" ',-
" ' "
In respons to a gentleman in the ~e, Mayor Hanmen1n~and Conm1ss1oner
Aguila advise that construction cannot be stopped tomorrow ~~g.
VII I. DEVELOPMENT PlANS
A. Consent Agenda - Unanimously approved by the Planning and Development
Board
Citrus Part PUG
CCl Consultants, Inc.
Target Development Corporation
East side of Lawrence Road, apprOXimately 1,750
feet north of Gateway Boulevard (N. W. 22nd
Avenue)
Request for~n:!:~ the construction plans and
preliminary ~~!-, la tor construction of
1nfrastruct scaping to serve 113
single-family, detached, zero lot line units in
connection with a previously approved planned unit
development.
City Attorney Cherof advised that because this is a quasi-judicial proceeding,
all the individuals who wish to testify must be sworn in. Before testifying,
they must identify' themselves and state their qualifications. At the conclusion
of their statements, the applicant or his representative must be afforded the
opportunity to Question those witnesses. City Attorney Cherof swore in all the
witnesses who would be testifying.
1.
Project Name:
Agent:
Owner:
Location:
Description:
Brian Sherr, the attorney for Target Development, stated that there has been
much discussion and communications regarding Lawrence Road and Citrus Cove
Elementary School. However, the issue before the Conm1ssion is whether or not
the plat and construction plans comply with the technical requirements of the
City's platting and construction regulations. He referred to a memo from the
Department of Development, dated March 3, 1995, which he said attests to the
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 7, 1995
fact that his client's plans comply with the City's regulations. He requested
the Commission to grant approval of the construction plans and preliminary/final
plat for construction, in accordance with the ordinances.
Mr. Sherr said he has heard that some of the homeowners have had ex parte com-
munications with some members of the Commission. He pointed out that because of
the quasi-judicial nature of this hearing, that is impenm1ssib1e.
Louis Campanelli, Vice President of CCL Consultants, was available for
questionning.
Commissioner Katz would like the developer to be a good neighbor and address the
concerns of the people of Citrus Glen. Their concerns included the two-story
homes along the northern border, which will be looking into the backyards of
other homes; security; additional buffering; and the barrel tile roofs matching
as closely as possible to what exists to keep the property values enhanced. He
suggested moving the entrance road to the north side and moving t~e project
south a little to create additional buffering.
Mr. Campanelli said the developer would like to be a good neighbor and address
the equitable concerns of the surrounding neighbors. However, he did not think
the developer could comply with the concerns regarding the two-story houses and
switching the road from the north to the south. With regard to the buffering,
he was sure the developer would be willing to sit down with the surrounding
homeowners and come up with an equitable solution to this matter.
James Kr1vok, the attorney for the Citrus Glen Homeowners' Association, aSKed
the Commission to table this matter. He stated that according to F. S.
156.043(c), a publiC hearing must be held before any ordinance granting a
rezoning is adopted. He reviewed prior City ordinances and stated that whenever
a public hearing was conducted prior to the adoption' of an ordinance, the ordi-
nance clearly reflected that fact. He stated that there is no indication in
Ordinance No. 88-51 and Ordinance No. 89-30 that public hearings were held prior
to the adoption of those ordinances.
Mayor Harmening asked him if he checked the minutes of that particular meeting
to see whether a public hearing was held. Mr. Kr1vok said he had not.
Mr. Kr1vok requested that this issue be tabled until it can be determined
whether or not proper notice was given and publiC hearings were held.
City Attorney Cherof stated that generally the City's ordinances do not reflect
in their body whether there was a public hearing or not. We rely upon the offi-
cial minutes of the City to reflect that infonmation. It may be possible to
determine from the records tonight whether there was a public hearing or not.
Mayor Harmening declared a recess at 7:59 p.m. in order for staff to check
the City records. The meeting resumed at 8:13 p.m.
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MINUTES - CITY CfJMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 7, 1995
City Attorney Cherof swore in Tambri Heyden, the Planning and Zoning Director.
City Attorney Cherof advised that the minutes of the meetings with respect to
Ordinance No. 88-51 and Ordinance No. 89-30 reflect that pUblic hearings were
conducted. He stated that there is a pres~ption that the City ordinances are
valid and enforceable. He asked Ms. Heyden if she recollected both ordinances
being properly noticed and public hearings being conducted in accordance with
Florida Statute. Ms. Heyden answered aff1nnat1vely.
Paul Ward, 198 Orange Drive, was sworn in by City Attorney Cherof. He had in
his posseSSion a copy of a letter, dated September 13, 1993, from Vincent
F1nizio, Deputy City Engineer of the City of Boynton Beach, to Val Sal
Investment Corporation, which states that at their September 7, 1993 meeting,
the City Commission granted a six month time extension, conditioned upon the
entire property being brought into a state of compliance with all applicable
City Codes within 30 days from the date of the granting of the time extension.
The letter also states that the time extension will be reduced to three months
if the property does not come into compliance within 30 days. Mr. Ward also had
in his possession a document from Code Enforcement, dated October 16th, relating
to overgrowth on the property. Commissioner Aguila explained the Code
Enforcement process and stated that the property had come into compliance at
that time, but the dense growth has since reappeared.
Mr. Campanelli stated that the plat of Citrus Park PUD, as submitted to the City
Commission, meets or exceeds the minimum requirements of the City's regulations.
Commissioner Katz was adamant about the sand being hosed down at Citrus Glen
because soot is getting on the residents' houses and property. He asked who
issued the excavation permit.
Commissioner Katz read Sec. 8-6(1) of the Code which states that the excavation
of materials is not to exceed two feet in depth relative to existing grade with
no excavated materials moved beyond the project property lines. He asked
Mr. Hukill if this is what is occurring. William Hukill, Director of
Development, was sworn in by City Attorney Cherof. Mr. Hukill advised that the
permit was issued by the Building Division of the Department of Development. He
said he could not tell whether more than two feet is being excavated or not;
however, no one is mining or moving major amounts of dirt off the property.
Commissioner Katz ~as of the opinion that more than two feet is being excavated.
Therefore, the permit should have been issued by the City Commission, in accor-
dance with Sec. 8-7(A)(2) of the Code. He felt a Stop Work Order should be
issued immediately. Mr. Hukill disagreed. He stated that the issue of the City
Commission being involved in the issuance of permits was discussed with the
Commission a few weeks ago. At that time, there was a consensus of the
Commission that this was not appropriate. However, in accordance with Sec.
8-7(A)(3), where the water table is penetrated or disturbed, the Commission
would remain involved.
Commissioner Katz felt the Department of Development acted improperly.
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 7, 1995
In response to Commjssioner Katz, City Attorney Cherof advised that the
Comprehensive Plan is the general guidelines which govern all land development
and land development regulations.
Commissioner Katz referred to Policy 2.6.2 on page 38 of the Comprehensive Plan,
which states that subsequent to plan adoption, the City shall continue to
require improvement of roadways to mitigate the impacts of development as a con-
dition of development approval. It also states that the City shall, wherever
feasible, require the construction of transportation improvements in lieu of
impact contributions. Commissioner Katz said that regretably, the Conmission
has issued time extensions. He stated that maybe the Commission acted improp-
erly and should bring a third party into this before it goes to final plat. He
suggested tabling this project to see if some of the differences can be
resolved.
No one else wished to testify on this matter. Therefore, Mayor Harmening
declared the public hearing closed.
Commissioner Aguila pointed out that the Commission is supposed to determine
whether or not Citrus Park has complied with all of the Code of Ordinances, not
whether or not Lawrence Road is wide enough or if more than two feet of dirt has
been removed.
Motion
Commissioner Aguila moved to approve the request for approval of the construc-
tion plans and preliminary/final plat for construction of infrastructure and
landscaping to serve 113 single-family, detached, zero lot line units in connec-
tion with a previously approved planned unit development, Citrus Park PUD, owned
by Target Development Corporation, located on the east side of Lawrence Road,
approximately 1,750 feet north of Gateway Boulevard (N. W. 22nd Avenue), subject
to all comments. Mayor Pro Tem Bradley seconded the motion.
Commissioner Katz asked the maker of the motion to include that the developer be
asked, posthaste, to send water trucks out there and start hosing down the sand.
Commissioner Aguila would not make that part of this motion. Instead, he asked
the City Manager to direct the Department of Development to inspect the property
tomorrow morning and take appropriate steps to ensure the safety, health and
welfare of the residents.
City Attorney Cherof asked the maker of the motion to consider including in the
motion a specific finding that the minimum code requirements have been satis-
fied. Commissioner Aguila agreed to ,add this to his motion. It was also
agreeable to Mayor Pro Tem Bradley.
Commissioner Katz believed that the minimum requirements have not been met and
that this should be sent back to be reworked.
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MINUTES - CITY CCMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 7, 1995
Mayor Harmening said he voted against a lot of development as far as the number
of renewals on concurrency and site plan and master plan approval in the last
four years. He was against further development but said that there is_not much
we can do in this case. " . . ~
A roll call vote was polled by the CIty Cl~rk. The motl:on ca~-2. ~
Mayor Matson and Commissioner Katz cast the dissenting votes.
Mr. Sherr stated that the concern about the dust will be addressed. He was
willing to try to work out something to make this a little better for everyone.
Vice Mayor Matson felt it would benefit the project if Lawrence Road were to be
widened. She asked Mr. Sherr if we can count on his support when we go to the
County on this issue. Mr. Sherr said he will discuss this with his client and
get back to Vice Mayor Matson.
Mayor Pro Tern Bradley stated that the City's hands are tied and that if the City
were to stop construction, it could be placing itself in a dangerous position.
However, we can slow down future development. He pointed out that development
works both ways. Businesses have prospered because the population in Boynton
Beach and surrounding areas has increased. Development has also created jobs
for people in the construction industry. Four or five years ago, these people
were out of work. However, there is a price we all have to pay for these
things.
He stated that it is important for the Commission to get input from the people
and to know where they want this City to go. He said sDmebody suggested this
evening that the City buy the land and turn it into a park. He advised that
this can happen. However, it means reaching into our pockets and paying for
it. He appreciated the input from the people and stated that the Commission has
their interests in mind. He advised that the City Manager and the Commission
have already taken steps to try to resolve the problems regarding Lawrence Road.
B. Non-Consent Agenda - Not unaft110usly approved by the Plann1ng and
Development Board
1. Project
Agent:
Owner:
Location:
Nlutica - Plat ~
Lawson, Noble & A ciates, Inc. for L.' Homes
Boynton Nurseries
rthwest corner of La ence Road and the~.D.D.
L- canal '"
Requ t for approval of th construction plans,and
prelim ary/final plat for t construction of "
infrastr re, landscaping and 1vate recreation
to serve 5 ingle-family, detacH ,zero lot line
units and 12 ingle-family, detach "Z" lot
line units in c ection with the pre usly
approved Boynton eries PUD.
...........
"'-,
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~':;: --'.::'~~~:.~~ ~--.;. ":.: ~... : .,f.... ;' ;::...':. :;..; ...........
YOUR NEIGHBORS WANT YOU 'lU COME m THE,GJ:1DF BOYNToN BEACH'S CITY COUNCIL MEETING
TUESDAY FEBUARY 21st at 6:30 PM 100 Bod j~EACH BODLEVAiID AT SEACRFSr (EAST OF 95) ,~.
" -. .,'t':.;'-.1-~ ~.'" f. '-. ...c.... -~......::.... _--. .;. .' ',~. . _. - . ',.:,..\.. .:~:.':~~_" \..'. -.
Due to a filing mistake CitruJ Park will not he a major item lilt ,Feh. 21st Agenda as first thought hut this gives us each
the chance to ~ to the council during the public ~jsectfo.tbf the ,meeting (7p.m. or as soOn' theriafter as '
~enda permits. IndIvidual sueabrs will he limitecHo 3 minUte lIf~fations CGrri' ParkP.a best estamafe is 7:45~)
TO reserve your time pIeasa adl the city clerk at (401) 375-GOOO:aDd .:-.i:,fohe pIaced on the i:::f of~, " far the pubJic
heming, you caD':Um.add ~!T1Jm18hefure~hem..-*"~. tI! f I'. .f.~~~~r;":atfD;. mid',1y;W:i .,' !Ip~tb4zt!ime.
For thoSe of you with mterest tuwwds the end of the a:' Ii:d QpjUoYul for the,Y.l8Jiing ana of the many,
PUD's (Planned Unit DewIopment) now starting in' . '1argiSt hOusinQ homii evei'Jincethere ~ be a city , -
Election on Marcf114th it becomes critical to assess the lam ,ducJC opiiIiOn on these matterS to protect fDurseIL '
1. Security. ~~~non~. wu;~:;~t~t=~~:t
, area along our fence, this us assessa&le, especIally if CItrus trail JS opened.,
2 S 1- ght '.~ With two story houses - ': . oDgA~~nboarder a ii~ -Sky LineN 1s being .
· [created. The homes ~. wull 'R.PI.Dow have people fooling into their hm:kyard
S '." in some caseS . .. e vunJi, awen as view of all homes. -, '. :3
ove 1 . We have ~ ..~ . "if mI:_~~ts hut withoutohjecting there is a
, . question of . City am ati:lDfe a public ~ht of way ~h our land
-1- ty' Citrus Parks highest iiIJ. ' in the iiiiige~o1ii lowest wi~t r.om~On facilities
all. ~o pool, no tennis, n~1!i. '. tL~i~ to attract a tran.si~~ .~ety
'., . M.th out regard for othiJg perty)t;ij...~, orpropertyvuIues. ~)t[~,
S f ty r, With mcreast traffic, and tlii iy otlitinsw developments, Lawrerice Road ,
. a e .a:nd Gateway Bvd... will soon, .in midI~No 'f.RAFFIC S~Y has ~ done . ' "
, ~ SInce 1987. irorSafteyisat. I Whoi1lIpayforuuarmfestoourroadsandwhen?
6 SaleahIl-ty Yourhouse.!9nfy .. what~M1teWiIlpayfori~lfthehousearoundyou~
for less ~ Will also: your neIghlJors house is worthless what is nat to nothing,
· ; . . andhowmi!ChwUI~,' ;w.a~lm~.tGa,a!!d!ank~tDn."',
7 'S t f' Your fire station is oil MfD.or mart hut It 'am not use that nxm so it must t:nive1 around the
ree S block to get to yOu adding:5'to ID,nWiiites bitlu;'~!m~ that nice to know'when you oDly
· 1, ,have 213 minutesUto live or you hoUS8is burning; ~ bulgier iSn't $0 scarey now is he...
8 S hI- n g. Ie's Asbestos 'shingles .~. ~ Citrus ~Wbne legal cIre.. cansidemhle less safe
. than our cement tiles: 'Not to msntion the healih hazard of Ashestos[
9 Shams. =:::5~a~=::r~~1~~j~uieinanies~~bn~lueofpark? .
. . MIY is Lawrence Hood '~two limes and what happened to the liahts?
- ' . Why is the school at,~OO% cii.~tr. and.sh$g an enterencewilh p3 homes?
111111 \or \he people. SometiJIie's reqUfres~the peojileto get fuJol~'
<(!t.\e I . . . . '. ' get I
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'II Jq 'a[do n\11) '~9
ad am 10 IllatIItIlaA09 '.." iiisrqfip .I1atlllluDma\l \'"