APPLICATION
"
~' ,
PROJECT NAME: Melear P,U.D.
LOCATION: SW Corner of Minor Road and Sandalwood Drive
COMPUTER ID:
I FILE NO,: NWSP 99-019 II TYPE OF APPLICATION: NWSP I
AGENT/CONTACT PERSON: OWNER/APPLICANT:
Julian Bryan/Julian Bryan & Associates Gene B. Guck co.
PHONE: 561-338-0395 PHONE: 317-469-5866
FAX: 561-338-5996 FAX: N/A
ADDRESS: ADDRESS: 8330 Woodfield Crossing Blvd.
756 St. Albans Drive Suite 200
Boca Raton, FL 33486 Indianapolis 46240
Date of submittallProjected meetinl!: dates:
SUBMITTAL / RESUBMITT AL 10/4/99
1 ST REVIEW COMMENTS DUE: 10/12/99
PUBLIC NOTICE:
TRC MEETING: 11/23/99
PROJECTED RESUBMITTAL DATE:
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 12/14/99
MEETING:
CITY COMMISSION MEETING: 12/21/99
COMMENTS: -11
01" _ ( ( -
I
S:IFORMSIPROJECT TRACKING INFO
"
APPLICATION TRACKING LOG:b
PROJECT TITLE: MELEAR P.U.D. FILE fI: NWSP 99-019
~.
PROJECT LOCATION: SW CORNER OF MINER ROAD AND SANDALWOOD DRIVE
TYPE OF APPLICATION: New Site Plan
"
PUBLIC NOTICE REQUIRED: (YIN) REVIEWER'S NAME
,
AGENT: ADDRESS:
AGENT PHONE: FAX:
DATE REC'D: AMOUNT:
RECEIPT NO.:
i
,
12 SETS OF PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW:
2 OF 12 SETS SIGNED AND SEALED 0
SURVEY 0
LANDSCAPE PLAN 0
FLOOR PLAN 0
SITE PLAN WITH SITE DATA 0
APPLICATION/SUBMITTAL: DATE ACCEPTED:
DRAINAGE PLAN 0
ELEVATION VIEW DRAWINGS 0
COLORED ELEVATIONS RECEIVED 0
MATERIAL SAMPLES RECEIVED 0
PHOTOGRAPHS RECEIVED 0
DATE DENIED:
DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIE
c..~~~ crQ. <...0 ~~
~ C\tc.;~ Up.
/01 ) 9
1 ST REVIEW COMMENTS DUE:
10/12/99
1 ST REVIEW COMMENTS RECEIVED
UTlL.
P.W.
PARKS
FIRE
En .
POLICE
PLANNING
BLDG
FORESTER
PLAN MEMON
DATE
I
W\o p\~ rc;k.Nd
DATE OF LETTER SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS:
90-DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW:
PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW:
AMENDED APPLICATION 0
2 OF12 SETS SIGNED AND SEALED 0
SURVEY 0
LANDSCAPE PLAN 0
FLOOR PLAN 0
SITE PLAN WITH SITE DATA 0
2ND REVIEW MEMO: DATE SENT:
DRAINAGE PLAN 0
ELEVATION VIEW DRAWINGS 0
COLORED ELEVATIONS RECEIVED 0
MATERIAL SAMPLES RECEIVED 0
TRANSPARENCY RECEIVED 0
PHOTOGRAPHS RECEIVED 0
MEMO NO.
RETURN DATE:
2nd REVIEW COMMENTS RECEIVED
PLANS MEMON DATE PLANS MEMOfl DATE
UTIL. POLICE
P.W. PLANNING
PARKS BLDG/ENGR
FIRE FORESTER 0
LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED:
BOARD:
CITY COMMISSION: DATE:
DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: 0 DATE:
BOARD MEETING DATE:
DATE:
DEVELOPMENT ORDER SENT TO APPLICANT: 0 DATE:
):\SHRDATA\PLANNING\SHARED\WP\PROJEC-TS\MELEAIl PUD - tlWSP 10-4-99\COMHENT TRACKING LOG.DOC
,
rv~StP qq - 0\9
. TV OF BOYNTON BEACH, FLORIC
PLANNING & ZONING DIVISION
00 ~o~~:~~!rn
I
SITE PLAN REVIEW APPUCA TION
FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXIST NG SIT~l,'JINING ,;NO
ZONiNG DEPT.
Application Acceptance Dale: ~ 1 ,~ - .
Fee Paid: ---2S1l-~eceiPI Number: -t1,j 'd:)
This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning
Department TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
induding a recent survey and appropriate fee shall be submitted with the application for the initial process of the
Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1.
Project Name:
U(;Z.€;~-e 'F?(),lJ.
2. Applicant's name (person or business entity in whose name this application is made):
I
Address: Wi'n f(:'JF12L\;)p,::; ~)^~ 7211 h
Phone: 505;- 5Il.~~~ Fax:
3. Agent's Name person, if any, representing applicant): .J()(Jh"U B~/~l..)
v: V
U//:,UI (~K.F$ H./J.
/ (Zip Code)
Phone:
~ 1:4~~~ J/:-'
5"6f-M-D39S
~~4~b
(Zip Code)
5"b1- ~3B - sqgb
Address:
Fax:
4.
Property O\\.,er's (or Trustee's) Name: /-if::;L):-; E. HIli -k (D
Address: 831,l') v mf);:71ifT) t2~H.vn ~
/t.}/-) 1t:J/,,)IJ.T:rXJS i IJ).
Phone: ~17-Ab9- S"8bh Fax:
.
r;;)[;-p; 2/x)
, , -46.1Lh
(Zip Code)
s.
Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:*
JJIIl
.
*This is the.one address to which all agendas, letters and other materials will be mailed.
6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
Co~ POeGJlJ.st-E-
7. Street address or I -ltion of site: 50. (,/:)I<( )t:i::. ( - /.../ !IX.;? lZL-,1\D
~ <::111 ){)N 1. nnD DI2JUF.
8. Property Control #:
Legal description of site:
5~h A;/ 1Y~;n I hhfY ..J y )~\lD(
Ii
9.
Intended users) of site: ~i>r-J.fIN (12.8 7blJ.J/..)I.J()IIf:'b 1/7 7f:FD (or(~1 ~-+-
64 $'1/ Y-J h r-N . I
10.
Developer or Builder:
r tXl{/UG:L'flY- f...I.?pr-.r & RnpJ{)1,.
11. Architect
12. Landscape Architect:
13. Site Planner:
14. Engineer:
15. Surveyor: IJ IJI+p- I bIt ~t:. -..f ~~.
16. Traffic Engineer: -
17. Has a site plan been previously approved by the City Commission for this property?
18. Estimated constnuction costs of proposed improvements shown on fhis site plan:
~I/.l
II. SITE DATA
The fOllowing information must be tilled out below and must appear, where applicable, on all copies of the site
plan.
1. Land Use Cateaorv shown in the Comprehensive Plan
2. Zonina District P.U.!) .
3. Area of Site .f9 .M acres ~ {,N, h18 sq. ft.
4. Land Use - Acreaae Breakdown I
a. Residential, including '35: /4. acres 5&,-g % of site
surrounding lot area
of grounds
b. Recreation Areas. {.fi{ acres 2.C, % of site
(excluding water area)
c. Water Area g.99 acres % of site
d. Commercial 6 acres 0 % of site
e. Industrial 6 acres b % of site
f. Public/Institutional 0 acres 0 % of site
g. Public, Private and g.7
Canal rights-of-way acres f4.s % of site
h. Other (specify) 0 acres 6 % of site
Planning and Zoning Department - Rev. 3/1 B/97
IICHIMAINISHRDA TAIPlANNINGISHAREDIWP\FORMSIAPPSINWSPlSITEPLAN.WPD
------- _. _~u_~_ -------
~.~--_..
i.
Other (specify)
o
acres
D
% of site
j. Total area of site 59.~ acres IDO % of site
. including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5.
Surface Cover
a. Ground floor building 9.1\ acres \ b. Z. % of site
area ("building footprint")
b.
Water area
&.C)Q. acres Ir./)
% of site
c. Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts.
KS? / acres /4.1 % of site
d. Total impervious area 7Jsl acres At, 0 % of site
e. Landscaped area ~ acres ~% of site
inside of parking lots (20 sq. ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f. Other landscaped areas2/" 7>3 acres M 3 % of site
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas $'. <:; acres 9.2 % of site
h. Total pervious areas 3233acres ~~.D % of site
i. Total area of site $<3.~ acres 100 % of site
6. Roar Area
a. Residential A<;;? 1lY> sq. ft. CST. TOTAt....
I
b. CommerciaVOffice () sq. ft.
c. IndustrialNVarehouse 0 sq. ft.
d. Recreational I C;OO sq. It.
e. Public/Institutional 0 sq. ft.
t. Other (specify) O.
sq. ft.
g. Other (specify) 0
sq. ft.
h. Total floor area sq. ft.
Planning and Zoning Department - Rev. 3/18/97
\\CHIMAIN\SHRDATA\PLANNING\SHAREDIWPlFORMSIAPPSINWSPlSITEPLAN,WPD
7. Number of Residential Dw..."mo Units
a. Single-family detached ~sq. ft.
b. Duplex /) sq. ft.
c. Multi-Family (3 + attached dwelling units)
(1) Efficiency 0 dwelling units
(2) 1 Bedroom D dwelling units
(3) 2 Bedroom ~4 dwelling units
(4) 3+ Bedroom fA dwelling units
d. Total multi-family 12'8 dwelling units
e. Total number of dwelling units 36~
8. Gross Density S.lh dwelling units per acre
9.
Maximum heiqht of structures on site
2S
;z.
stories
feet
10.
Required off-street Darkinq
a. Calculation of required
number of off-street
parking spaces
b.
Off-street parking spaces
provided on site plan
b\~
927(tLY'!)~ I 6/$--r-G ~f:G;/lJlJ~
Planning and Zoning Department - Rev. 3/18/97
IICH'MAIN\SHRDA TA\PLANNINGISHAREDIWPlFORMSlAPPSINWSPlSl1'EPlAN.WPD
III. CE~TIFICATION
(I) \We) understand that this application and all papers and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Department (I) ry./e) hereby certify that
the above statements and any statements or showings in any papers or plans submitted herewith
are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless
signed according to the instructions below.
Signature of Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Date
IV. AUTHORIZATION OF AGENT
&-1/-9'X
Date
(I) ry./e} hereby de Ignate the above signed person as (my) (our) authorized agent in regard to this
application.
Signature of Owner(s} or Trustee,
or Authorized Principal if property is owned
by a corporation or other business entity.
Date
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review Schedule:
Date Received
Technical Review Committee
Planning & Development Board
Community Appearance Board
City Commission'
Date
Date
Date
Date
Stipulations of Final Approval:
Other Government AgencieslPersons to be contacted:
Additional Remarks:
Planning and Zoning Department - Rev. 3/18/97
IICHIMAIN\SHRDATAIPLANNINGISHAREDIWP\FORMSIAPPSINWSPlSITEPLAN.WPD
BY-LAWS
OF
SAN SAVINO TOWNHOMES
HOMEOWNERS' ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION. The name of the corporation is SAN SAVINO
TOWNHOMES HOMEOWNERS I ASSOCIATION, INC., hereinafter referred to as
the "Association". The principal office of the Association shall
be located at the offices of Continental Homes of Florida, Inc.,
8000 Governors Square Boulevard, Suite 101, Miami Lakes, Florida
33016, or at such other places as may be subsequently designated by
the Board of Directors, but meetings of Members and Directors may
be held at such places within the State of Florida as may be
designated by the Board of Directors.
ARTICLE II
Section 1. "Articles of Incorporation" shall mean and refer
to the Articles of Incorporation of San Savino Townhomes
Homeowners I Association, Inc., all exhibits which are attached
thereto and made a part thereof, and shall include such amendments,
if any, as may be adopted from time to time pursuant to the terms
thereof.
Section 2. "Association" shall mean and refer to San Savino
Townhomes Homeowners' Association, Inc., its successors and
assigns.
Section 3. "By-Laws" shall mean and refer to the within
instrument, and shall include such amendments, if any, as may be
adopted from time to. time pursuant to the terms hereof.
Section 4. "Common Area" shall mean and refer to all real
property owned by the Association for the common use and enjoyment
of the Members of the Association and all improvements constructed
thereon, including the Limited Common Area as hereinafter defined.
Section 5. "Declarant" shall mean and refer to Continental
Homes of Florida, Inc., a Florida corporation, its successors and
assigns if such successors or assigns should acquire more than one
undeveloped Lot from the Declarant for the purpose of development.
(Declarant may sometimes be called herein "Developer") .
Section 6. "Declaration" shall mean and refer to the San
Savino Townhomes Declaration of Covenants, Conditions and
Restrictions. its exhibits and all amendments thereto which
Declaration is recorded in the office of the Clerk of the Circuit
Court of Palm Beach County, Florida.
Section 7. "Development Period" shall mean the period of time
until the Declarant has sold the last Lot within the Property or
any property annexed to the Property pursuant to the terms of the
Declaration to outside purchasers.
Section 8. The term "Institutional First Mortgagee" means a
bank, or savings and loan association, or any insurance company, or
credit union. or pension fund, or real estate trust, or any other
party which is engaged in the business of mortgage financing, which
owns or holds a first or prior mortgage encumbering a Townhouse,
and shall include any corporate subsidiary of such entity.
Section 9. The term "Institutional First Mortgage" means a
mortgage executed in favor of a bank, or a savings and loan
association, or any insurance company, or credit union, or a
pension fund, or a real estate trust, or any other party engaged in
the business of mortgage financing, which is a first and prior
mortgage encumbering a Townhouse.
Section 10. "Limited Common Area" shall mean and refer to
those parking spaces designated as the parking spaces for a
particular Lot and shall exclude those parking spaces designated
for guest parking.
Section 11. "Lot" is a designated lot within the property or
any property annexed thereto and becoming a part of the Property,
conveyed or to be conveyed to an Owner upon which there has been
constructed or may be constructed a Townhouse.
Section 12. "Member" shall mean and refer to every person or
entity who holds a membership in the Association.
Section 13. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title to
any Lot which is a part of the. Property, including contract
sellers, but excluding those having such interest as security for
the performance of an obligation.
Section 14. "Plat" shall mean and refer to Melear P. U. D.
according to the Plat thereof recorded among the Public Records of
Palm Beach County, Florida.
Section 15. "Property" shall mean and refer the property
described in Exhibit "A", and such additions thereto as may
hereafter be brought within the juriSdiction of the Association and
subject to the terms of the Declaration.
Section 16. "Townhome" or "Townhouse" shall mean and refer to
the single family dwelling construction upon a Lot.
2
ARTICLE III
MEMBERSHIP
Section 1. Membership. Every person or entity who is a
record owner of a fee or undivided fee interest in any Lot which is
subject by covenants of record to assessment by the Association,
including contract sellers, shall be a Member of the Association.
The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an
obligation. No Owner shall have more than one membership for each
Lot owned. Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to assessment
by the Association. Ownership of such Lot shall be the sole
qualification for membership.
Section 2. Suspension of Membership. During any period in
which a Member shall be in default in the payment of any annual or
special assessment levied by the Association, the voting rights of
such Member may be suspended by the Board of Directors until such
assessment has been paid. Such rights of a Member may also be
suspended, after notice and hearing, for a period not to exceed one
hundred eighty (180) days for violation of any rules and
regulations established by the Board of Directors governing the use
of the Common Area and facilities.
Section 3. Voting Rights.
voting membership.
There shall be two classes of
Class A. Class A Members shall be all those Owners as
defined in Article III of the Declaration with the
exception of the Declarant. Class A Members shall be
entitled to one vote for each Lot in which they hold the
interest required for membership by Article III of the
Declaration. When more than one person holds such
interest in any Lot, all such persons shall be Members.
The vote for such Lot shall be exercised as they among
themselves determine, but in no event shall more than one
vote be cast with respect to any Lot.
Class B. The Class B Member shall be the Declarant
Continental Homes of Florida, Inc. The Class B Member
shall be entitled to three (3) votes for each Lot in
which it holds the interest required for membership by
Article III of the Declaration, provided that the Class
B membership shall cease and be converted to Class A
membership on the happening of any of the following
events, whichever occurs earlier:
3
(a)
when ninety
have been
purchasers;
percent (90%) of the Lots and Townhomes
conveyed to third party outside
or
(b) on December 3~, 2003; or
(c) Thirty (30) days after the Declarant Continental
Homes of Florida, Inc. elects to terminate the
Class B Membership.
ARTICLE IV
PROPERTY RIGHTS: RIGHTS OF ENJOYMENT
Each Member shall be entitled to the use and enjoyment of the
Common Area and facilities as provided in the Declaration. Any
Member may delegate his rights of enjoyment of the Common Area and
facilities to the members of his family, his tenants or contract
purchasers, who reside on the property. Such Member shall notify
the secretary in writing of the name of any such delegate. The
rights and privileges of such delegate are subject to suspension to
the same extent as those of the Member.
ARTICLE V
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number.
managed by a Board of not
(5) Directors.
The affairs of this Association shall be
less than three (3) and no more than five
Section 2. Election. Directors shall be elected at the
annual meeting of the Members. At such annual meeting not less
than three (3) and no more than five (5) directors shall be elected
and they shall serve until the next annual meeting of the Members
or until their successors are chosen or until removed in accordance
with the Articles of Incorporation or these By-Laws.
Section 3. Removal. Any director may be removed from the
Board, with or without cause, by a majority vote of the Members of
the Association. In the event of death. resignations or removal of
a director, his successor shall be - selected by the remaining
Members of the Board and shall serve until the next annual meeting
of the Members.
Section 4. Compensation. No director shall receive
compensation for any service he may render to the Association.
However, any director may be reimbursed for his actual expenses
incurred in the performance of his duties.
4
Section 5. Action Taken Without A Meeting. The directors
shall have the right to take any action in the absence of a meeting
which they could take at a meeting by obtaining the written
approval of all of the directors. Any actions so approved shall
have the same effect as though taken at a meeting of the directors.
ARTICLE VI
MEETING OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board
of Directors shall be held monthly, without notice, at such place
and hour as may be fixed from time to time by resolution of the
Board. Subiect to the terms and orovisions of the Declaration of
Covenants. Restrictions and Easements of Borqata (the "Borqata
Declaration") recorded amonq the Public Records of Palm Beach
Countv, Florida reqular meetinqs of the Board may be held within
the clubhouse facilitv in Borqata. However. said use is limited to
not more than one Association meetinq (be it Directors meetinq or
Members meetinq) a calendar month at said clubhouse facility. A
conference room. meetinq area or other aoorooriate area will be
used for said meetinq deoendinq on the anticioated number of oeoole
attendina the meetina. Should said meeting fall upon a legal
holiday, then that meeting shall be held at the same time on the
next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board
of Directors shall be held when called by the president of the
Association, or by any two directors, after not less than three (3)
days notice to each director.
Section 3. Quorum. A majority of the number of directors
shall constitute a quorum for the transaction of business. Every
act or decision done or made by a majority of the directors present
at a duly held meeting at which a quorum is present shall be
regarded as the act of the Board.
ARTICLE VII
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board
of Directors shall be made by a Nominating Committee. Nominations
may also be made from- the floor at the annual meeting. The
Nominating Committee shall consist of a Chairman, who shall be a
member of the Board of Directors, and two or more Members of the
Association. The Nominating Committee shall be appointed by the
Board of Directors prior to each annual meeting of the Members, to
serve until the close of such annual meeting. The Nominating
5
Committee shall make as many nominations for election to the Board
of Directors as it shall in its discretion determine, but not less
than the number of vacancies that are to be filled.
Section 2. Election. Election to the Board of Directors
shall be by secret written ballot. At such election the Members or
their proxies may cast, in respect to each vacancy, as many votes
as they are entitled to exercise under the provisions of the
Declaration. The persons receiving the largest number of votes
shall be elected. Cumulative voting is not permitted.
ARTICLE VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have the
power:
(a) To adopt and publish, from time to time, rules and
regulations governing the use of the Common Area, and to
establish penalties for the infraction thereof;
(b) To exercise for the Corporation all powers, duties and
authority vested in or delegated to the Common Area,
which are not reserved to the membership by other
provisions of these By-Laws, the Articles, or the
Declaration;
(c) To declare the office of a member of the Board of
Directors to be vacant in the event such member shall be
absent from three (3) consecutive regular meetings of the
Board of Directors, except that the directors appointed
by Declarant shall not be subject to this provision; and
(d) To employ a manager, an independent contractor or such
other employees as. they deem necessary, and to prescribe
their duties.
Section 2. Duties.
Directors:
It shall be the duty of the Board of
(a) To cause to be kept a complete record of all its acts and
corporate affairs and to present a statement thereof to
the Members at the annual meeting of the Members or at
any special meeting, when such statement is requested in
writing by one-fourth (1/4) of the Class A Members who
are entitled to vote;
(b) To supervise all officers, agents and employees of the
Association and to see that their duties are properly
6
performed;
(c) As more fully provided herein and in the Declaration:
(1) To take into account the common expenses of the
Association; and
(2) To send written notice of each assessment to every
Owner subject thereto at least thirty (30) days in
advance of each annual assessment period;
(d) To issue, or to cause an appropriate officer to issue,
upon demand by any person, a certificate setting forth
whether any assessment has been paid. A reasonable
charge may be made by the Board for the issuance of these
certificates. Such certificate shall be conclusive
evidence of any assessment therein stated have been paid;
(e) To collect delinquent assessments and penalties and to
create, record and foreclose the lien securing the said
assessments and to hire attorneys, accountants and other
professionals to do the same;
(f) To procure and maintain adequate liability insurance, and
to procure adequate hazard insurance on property owned by
the Association;
(g)
To cause all officers
responsibilities to be
appropriate;
or employees
bonded, as
having fiscal
it may deem
(h) To cause the Common Area to be maintained by an entity
other than the Association; and
(i) To cause the exterior of the dwellings, and the lawns,
fences and walls to be maintained by the Owners (except
as otherwise required by the Declaration or these By-
Laws) .
ARTICLE IX
COMMI'ITEES
Section 1. The Association shall appoint an Architectural
Control Committee as provided in the Declaration and a Nominating
Committee as provided in these By-Laws. In addition, the Board of
Directors may appoint other committees as deemed appropriate in
carrying out its purposes, such as:
7
(a) A Maintenance Committee which shall advise the Board of
Directors on all matters pertaining to the maintenance,
repair or improvement of the Property and shall perform
such other functions as the Board, in its discretion,
determines;
(b) A Publicity Committee which shall inform the Members of
all activities and functions of the Association and
shall, after consulting with the Board of Directors, make
such public releases and announcements as are in the best
interest of the Association; and
(c) An Audit Committee which shall supervise the annual audit
of the Association's book and approve the annual budget
and statement of income and expenditures to be presented
to the membership at its regular annual meeting as
provided in Article XI, Section 8 (d). The Treasurer
shall be an EX OFFICIO member of the Committee.
Section 2. It shall be the duty of each committee to receive
complaints from Members on any matter involving Association
functions, duties, activities within its field of responsibility.
It shall dispose of such complaints as it deems appropriate or
refer them to such other committee, director or officer of the
Association as is further concerned with the matter presented.
ARTICLE X
MEETINGS OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the
Members shall be held on the first Tuesday in December, 2001, or on
such other date as the Board of Directors may in its judgment deem
desirable or expedient, and each subsequent regular annual meeting
of the Members shall be held on the date fixed by the Board of
Directors, and such meetings' shall commence at seven o'clock, P.M.
The annual meeting of the Members shall not be held on a legal
holiday.
Section 2. Special Meetings. Special meetings of the Members
may be called at any time by the President or by the Board of
Directors, or upon written request of the Members who are entitled
to vote twenty-five percent (25%) of all of the votes of the entire
membership or who are entitled to vote fifty-one percent (51%) of
the votes of the Class A membership.
Section 3. Notice of Meetings. Written notice of each
meeting of the Members shall be given by, or at the discretion of,
the secretary or person authorized to call the meeting, by mailing
a copy of such notice, postage prepaid, at least fifteen (15) days
8
before such meeting to each Member entitled to vote thereat,
addressed to the Member's address last appearing on the books of
the Association, or supplied by such Member to the Association for
the purpose of notice. Such notice shall specify the place, day
and hour of the meeting, and in the case of a special meeting, the
purpose of the meeting. Subiect to the terms and orovisions of the
the Borqata Declaration. meetinqs of the Members mav be held
within the clubhouse facilitv in Borqata. However. said use is
limited to not more than one Association meetinq (be it a Directors
meetinq or a Members meetinq) a calendar month at said clubhouse
facilitv. A conference room. meetinq area or other aoorooriate
area will be used for said meetinq deoendinq on the anticioated
number of oeople attendinq the meetinq.
Section 4. Quorum. The presence at the meeting of Members
entitled to cast, or of proxies entitled to cast, one-third (1/3)
of the votes of each class of membership shall constitute a quorum
for any action except as otherwise provided in the Articles of
Incorporation, the Declaration, or these By-Laws. If however, such
quorum shall not be present or represented at any meeting, the
Members entitled to vote thereat shall have power to adjourn the
meeting from time to time, without notice other than announcement
at the meeting until a quorum as aforesaid shall be present or be
represented.
Section 5. Proxies. At all meetings of Members, each Member
may vote in person or by proxy. All proxies shall be in writing
and filed with the secretary. Every proxy shall be revocable and
shall automatically cease upon conveyance by the Member of his Lot.
ARTICLE XI
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The offices of this
Corporation shall be a president and a vice-president, a secretary
and a treasurer, who shall at all times be members of the Board of
Directors, and such other officers as the Board may from time to
time by resolution create.
Section 2. Election of Officers. The election of officers
shall take place at the first meeting of the Board of Directors
following each annual meeting of the Members.
Section 3. Term. The officers of this Corporation shall be
elected annually by the Board and each shall hold office for one
(1) year unless he shall sooner resign, or shall be removed, or is
otherwise disqualified to serve.
9
Section 4. Special Appointment. The Board may elect such
other officers as the affairs of the Corporation may require, each
of whom shall hold office for such period, have such authority, and
performance of such duties as the Board may, from time to time,
require.
Section 5. Resignation and Removal. Any officers may be
removed from office with or without cause by the Board. Any
officer may resign at any time by giving written notice to the
Board, the president or the secretary. Such resignation shall take
effect on the date of receipt of such notice or at any later time
specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective.
Section 6. Vacancies. A vacancy in any office may be filled
in the manner prescribed for regular election. The officer elected
to such vacancy shall serve for the remainder of the term of the
officer he replaces.
Section 7. Multiple Officers. The offices of secretary and
treasurer may be held by the same person. No persons shall
simultaneously hold more than one of the other offices except in
the case of special offices created pursuant to Section 4 of this
Article.
Section 8. Duties.
follows:
The duties of the officers are as
PRESIDENT
(a) The president shall preside at all meetings of the Board
of Directors; shall see that orders and resolutions of
the Board are carried out; shall sign all .leases,
mortgages, deeds and other written instruments and shall
co-sign all checks and promissory notes.
VICE-PRESIDENT
(b) The vice-president shall act in the place and stead of
the president in the event of his absence, inability or
refusal to act and shall exercise and discharge such
other duties as may be required of him by the Board.
SECRETARY
(c) The secretary shall record the votes and keep the minutes
of all meetings and proceedings of the Board and of the
Members; keep the corporate seal of the Association and
affix it on all papers requiring said seal; serve notice
of meetings of the Board and all of the Members; keep
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appropriate current records showing the Members of the
Association together with their addresses, and shall
perform such other duties as required by the Board.
TREASURER
(d) The treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall
disburse such funds as directed by resolution of the
Board of Directors; shall sign all checks and promissory
notes; shall cause financial statements to be made of the
Association's books of account at the completion of each
fiscal year; shall prepare an annual budget and a
statement of income and expenditures to be presented to
the membership at its regular annual meeting, and deliver
a copy of each to the Members; and shall furnish .a
corporate surety bond in a sum satisfactory to the Board
for the faithful performance of the duties of his office
and the restoration to the Association of all books,
papers, vouchers, money or other property of whatever
kind in his possession or under his control, belonging to
the Association. The Association shall pay all premiums
for said bond.
ARTICLE XII
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments to be Paid to the Association. The Declarant, for each
Lot owned by it within the Property, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in. any such deed or other conveyance
(including any purchaser at a judicial sale), is deemed to
covenant, which covenant shall run with the land and be binding on
every Owner, and agrees to pay to the Association: (1) any regular
assessments or charges; and (2) any special assessments for
improvements, or to fund any deficits between the amount collected
for regular assessments in accordance with the capital annual
budget and the amount determined necessary by the Association for
the proper management and maintenance of the Common Area, together
with other costs and/or expenses levied or imposed against the
Association or property of the Association; and (3) any regular
assessments or charges to effect payment of property taxes which
may be assessed against Common Area or any personal property which
may in the future be owned by the Association. Such assessments
shall be fixed, established and collected from time to time as
hereinafter provided. The regular and special assessments,
together with such interest thereon and costs of collection
thereof, including attorney's fees, as hereinafter provided and any
11
applicable late fee imposed by the Board of Directors of the
Association, shall be a charge on the Property and shall be a
continuing lien upon any Lot against which each such assessment is
made, and said lien may be enforced in the same manner in which
mortgages are enforced. Each such assessment, together with such
interest, costs (including applicable late fees), and reasonable
attorneys' fees for its collection, including attorneys' fees
involved at all appellate levels and whether or not suit is
instituted, shall also be the personal obligation of the person or
entity who was the Owner of the Lot at the time when the assessment
becomes due. The personal obligation shall not pass to the
successors in title unless expressly assumed by such successors.
Section 2. Purpose of Assessments. The assessments to be
levied by the Association shall be used exclusively for the purpose
of prompting the recreation, health, safety, and welfare of the
residents of the Property and shall specifically include, but not
limited to: the maintenance and operation of the private roads
serving the Property; maintenance of all lighting and parking
facilities in the Common Areas; the payment of taxes and insurance
for the Common Areas; payment for the improvement and maintenance
of the Property, and services for facilities related to the use and
enjoyment of the Common Area.
Section 3. Basis of Annual Assessments. Until September 30,
2000 the monthly assessment shall be the amount as set forth in the
initial budget of the Association for its initial year of
operation. From and after October 1, 2000, the annual assessment
shall be determined in accordance with the Articles of
Incorporation and By-Laws of the Association taking into account
current maintenance costs and future needs of the Association. The
maintenance costs shall include and shall mean all operating costs
of the Association, maintenance costs of the Common Area, payment
of insurance premiums for the Common Area, payment of any personal
property taxes on the Common Area, and obligations with respect to
the Townhouses. The annual assessment shall also include a sum
required to provide an adequate reserve fund for the maintenance,
repair and replacement of the Common Areas and any improvements
thereon, if any, or any personal property owned by the Association
or obligations of the Association for the repainting of the
exterior of the Townhouses, and for which payments are to be made
in regular installments rather than by special assessment.
Section 4. Special Assessment for Capital Improvements. In
addition to the annual assessment authorized above, the Association
may levy in any assessment year, a special assessment applicable to
that year only, for the purpose of defraying, in whole or in part,
the cost of any construction or reconstruction, unexpected repair
or replacement of a described capital improvement upon the Common
Area, including the necessary fixtures and personal property
related thereto, PROVIDED that any such assessments shall have the
12
assent to two-thirds (2/3) of the votes of each class of Members
who are voting in person or by proxy at a meeting duly called for
this purpose, written notice of which shall be sent to all Members
not less than 30 days nor more than 60 days in advance of the
meeting setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for all Lots
and may be collected on a monthly, quarterly or semi-annual basis
as determined by the Board of Directors. Payments of all
assessments will be made directly to the Association or its
designated management company and in no instance shall any
mortgagees have the obligation to collect assessments.
Section 6. Quorum for Any Action Authorized Under Section 4.
At each meeting called, as provided in Section 4 hereof, the
presence of the meeting of Members or of proxies entitled to cast
one-third (1/3) of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not forthcoming at
any meeting, another meeting may be called, subject to the notice
requirements set forth in Section 4 and the required quorum at any
such subsequent meeting shall be one-half (~) of the required
quorum at the preceding meeting. No such subsequent meeting shall
be held more than sixty (60) days following the preceding meeting.
Section 7. Date of Conunencement of Annual Assessments and Due
Dates. The annual assessments provided for herein shall conunence
as to all Lots on the first day of the month following the
conveyance of the first Lot to an Owner. The first annual
assessment shall be adjusted according to the number of months
remaining in the calendar year. The Board of Directors of the
Association shall fix the amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall
be sent to every Owner subject thereto. The due date shall be
established by the Board of Directors. The Board of Directors. if
necessary to insure cash flow, may institute reasonable late
payment fees for monthly payment of the annual assessment. The
Association shall upon demand at any time furnish a certificate in
writing signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid. A
reasonable charge may be made by the Board for the issuance of
these certificates. Such certificate shall be conclusive evidence
of payment of any assessment therein stated to have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of
the Association. Any assessments which are not paid when due shall
be delinquent. If the assessment is not paid within five (5) days
after the due date, the assessment shall bear interest from the
date of delinquency at the rate of eighteen (18%) percent per annum
and the Association, acting through its Board of Directors, may
bring an action at law against the Owner personally obligated to
13
pay the same, or foreclose the lien against the Lot to which the
assessment is levied, and interest, costs and reasonable attorneys'
fees, including at all appellate levels and whether or not suit is
instituted, in collection or enforcement shall be added to the
amount of such assessment. Additionally, the Board of Directors of
the Association may at its discretion impose the maximum late fee
allowed under Florida Statutes for each month that assessments are
delinquent, and notify any mortgagees or lenders of Owner, any co-
borrowers and/or guarantor(s) without recourse to Declarant and/or
the Association. No Owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the Common
Area or abandonment of his or her Lot.
Section 9. Special Assessment Against a particular Owner of
Lot. In the event an Owner of any Lot in the Property shall fail
to maintain the premises and the improvements situated thereon in
a manner satisfactory to the Board of Directors, the Association,
after approval by two-thirds (2/3) of the Board of Directors, shall
have the right, through its agents and employees, to enter upon
said parcel and to repair, maintain, and restore the Lot, and the
exterior of the buildings and any other improvements erected
thereon. The costs of such exterior maintenance to which such Lot
is subj ect; and said assessment shall be enforced in the same
manner as provided for in Section 8.
Section 10. Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be superior to all
other liens save and except tax liens and the liens of any bona
fide Institutional First Mortgage to an Institutional First
Mortgagee, provided, however, that said mortgage liens are first
liens against the property encumbered thereby, subject only to tax
liens, and secure indebtednesses payable in constant monthly or
quarter annual payments over a period of not less than ten (10)
years.
Section 11. Exempt Property. The following Property subject
to the Declaration, the Articles and these By-Laws shall be exempt
from the assessments created herein: (a) any portion of the
Property dedicated to and accepted by a local public authority; (b)
the Common Area; (c) any portion of the Property which is
designated and/or reserved for easements; and (d) any portion of
the Property owned by a charitable or non-profit organization
exempt from taxation by the laws of the State of Florida. However,
no land or improvements devoted to dwelling use shall be exempt
from said assessments.
14
ARTICLE XIII
CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words: San Savino Townhomes
Homeowners' Association, Inc. - Non-Profit.
ARTICLE XIV
DISSOLUTION
The Association may be dissolved with the assent given in
writing and signed by not less than two-thirds (2/3) of each class
of members. Upon dissolution of the Association, other than
incident to a merger or consolidation, the assets of the
Association shall be dedicated to an appropriate public agency to
be used for purposes similar to those for which this Association
was created. In the event that such dedication is refused
acceptance, such assets shall be granted, conveyed and assigned to
any nonprofit corporation, association, trust or other organization
to be devoted to such similar purposes.
ARTICLE XV
AMENDMENTS
Section 1. These By-Laws may be amended, at a duly called
regular or special meeting of the Members, by a vote of fifty-one
percent (51%) of all Members, except that, if at the time an
amendment is proposed there are any mortgages encumbering any.Lot
insured by the Federal Housing Administration, guaranteed by the
Veterans Administration, or held by the Federal National Mortgage
Association then the Federal' Housing Administration, the Veterans
Administration or the Federal National Mortgage Association shall
have the right to veto amendments while there is Class B
membership, otherwise said right of veto will not exist.
Section 2. In the case of any conflict between the Articles
of Incorporation and these By-Laws, the Articles shall control; and
in the case of any conflict between the Declaration and these By-
Laws, the Declaration shall control.
b, \ 1 ibn.ry\ cont ioen \9') 6:2 S 8 \cloewnen t \by la....ean . wpd.
15
This :Instrument Prepared By:
Juan E. Rodriguez, Esquire
SALOMON, KANNER, DAMIAN & RODRIGUEZ, P.A.
2550 Brickell Bay View Centre
80 S.W. 8th Street
Miami, Florida 33130
SAN SAVINO TOWNHOMES
DECLARATION OF
COVENANTS. CONDITIONS AND RESTRICTIONS
THIS DECLARATION,
Made on the date hereinafter set forth by CONTINENTAL HOMES OF
FLORIDA, INC., a Florida corporation, whose mailing address is 8000
Governors Square Boulevard, Suite 101, Miami Lakes, Florida 33016,
hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner in fee simple of the property
described in Exhibit "A" located in Palm Beach County, Florida; and
WHEREAS, Declarant will convey Lots, as the term is
hereinafter defined, in the said property, subject to certain
covenants, conditions, restrictions, reservations, liens and
charges as hereinafter set forth;
NOW THEREFORE, Declarant hereby declares that all of the above
described property is hereby made subject to the following
easements, restrictions, covenants and conditions, all of which are
for the purpose of enhancing and protecting the value,
desirability, and attractiveness of the real property. These
easements, covenants, restrictions, and conditions shall run with
the real property and shall be binding on all parties having or
acquiring any rights, title 'or interest in the described property
or any part thereof, and shall inure to the benefit of each owner
thereof.
ARTICLE I
DEFINITIONS
Section 1. "Articles of Incorporation" shall mean and refer
to the Articles of Incorporation of San Savino Townhomes
Homeowners I Association, Inc., all exhibits which are attached
thereto and made a part thereof, and shall include such amendments,
if any, as may be adopted from time to time pursuant to the terms
thereof.
Section 2. "Association" shall mean and refer to San Savino
Townhomes Homeowners I Association, Inc., a non-profit Florida
corporation, its successors and assigns.
Section 3. "By-Laws" shall mean and refer to the By-Laws of
San Savino Townhomes Homeowners' Association, Inc., all exhibits
which are attached thereto and made a part thereof, and shall
include such amendments, if any, as may be adopted from time to
time pursuant to the terms thereof.
Section 4. "Conunon Area" shall mean all real property owned
by the Association for the conunon use and enjoyment of the members
of the Association and all improvements constructed thereon, and
includes the Limited Conunon Area as hereinafter defined and
specifically excludes the Lots as such term is hereinafter defined.
The Conunon Area is more particularly described in Exhibit "A-1"
attached hereto and made a part hereof.
Section 5. "Declarant" shall mean and refer to Continental
Homes of Florida, Inc., a Florida corporation, its successors and
assigns, if such successors or assigns should acquire more than one
undeveloped lot from the Declarant for the purpose of development.
Section 6. "Declaration" shall mean and refer to this
instrument, together with those exhibits which are attached hereto
and made a part hereof and shall include such amendments, if any,
as may be adopted from time to time pursuant to the terms hereof.
The within Declaration may be referred to in any other document as
San Savino Townhomes Declaration of Covenants, Conditions and
Restrictions.
Section 7. "Development Period" shall mean the period of time
until the Declarant has sold the last Lot within the Property or
any property annexed to the Property and becoming a part of the
Property as provided herein to an outside purchaser.
Section 8(a). The term "Institutional First Mortgagee" means
a bank, or savings and loan association, or any insurance company,
or credit union, or pension fund, or real estate trust, or any
other party which is engaged in the business of mortgage financing,
which owns or holds a first and prior mortgage encumbering a
Townhouse, and shall include any corporate subsidiary of such
entity.
(b). The term "Institutional First Mortgage" means
a mortgage executed in favor of a bank, or a savings and loan
association, or any insurance company, or credit union, or a
pension fund, or a real estate trust, or any other party engaged in
the business of mortgage financing, which is a first and prior
mortgage encumbering a Townhouse.
Section 9. "Limited COllUUon Area" shall mean and refer to
those parking spaces designated as the parking spaces for a
particular Lot and shall exclude those parking spaces designated
for guest parking.
Section 10. "Lot" is a designated lot within the Property or
any property annexed thereto and becoming a part of the Property,
conveyed or to be conveyed to an Owner upon which there has been
constructed or may be constructed a Townhouse.
Section 11. "Property" shall mean and refer to the property
described in Exhibit "A", and such additions thereto as may
hereafter be brought within the jurisdiction of the Association and
subject to the terms of this Declaration.
Section 12. "Member" shall mean and refer to every person or
entity who holds membership in the Association.
Section 13. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title to
any Lot which is a part of the Property, including contract
sellers, but excluding those having such interest merely as
security for the performance of any obligations.
Section 14. "Plat" is Melear P.U.D. according to the Plat
thereof recorded among the Public Records of Palm Beach County,
Florida.
Section 15. "Rules" are collectively the rules and regulations
which the Board of Directors of the Association may promulgate or
impose and thereafter modify, alter, amend, rescind and augment any
of the same with respect to the use, operation, and enjoyment of
the Property," though excluding the Common Area, and any
improvements located thereon.
Section 16. "Townhome" or "Townhouse" shall mean and refer to
the single family dwelling constructed upon a Lot.
2
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The Property shall be held, transferred, sold, conveyed and
occupied subject to the terms and conditions of this Declaration,
and any lawful amendments hereto. The filing of this Declaration
and the subjecting of the Property to the conditions and easements
contained herein shall not be construed in any way and shall never
inhibit or prohibit the Declarant from conveying the Lots or
improvements within the Property to third parties free and clear of
any conditions, restrictions or easements except for those
specifically provided for in this Declaration. Lots so conveyed by
the Declarant to third parties shall be used and held in fee simple
title by said third parties in accordance with this Declaration.
ARTICLE III
MEMBERSHIP
Every person or entity who is a record owner of a fee or
undivided fee interest in any Lot which is subject by covenants of
record to assessment by the Association, including contract
sellers, shall be a Member of the Association. The foregoing is
not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. No owner
shall have more than one membership. Membership shall be
appurtenant to and may not be separated from ownership of any Lot
which is subject to assessment by the Association. Ownership of
such Lot shall be the sole qualification for membership.
ARTICLE IV
VOTING RIGHTS
The Association shall have two classes of voting membership:
Class A. Class A Members shall be all those Owners as defined
in Article III with the exception of the Declarant. Class A
Members shall be entitled to one vote for each Lot in which they
hold the interest required for membership by Article III. When
more than one person holds such interest in any Lot, all such
persons shall be Members. The vote for such Lot shall be exercised
as they among themselves determine, but in no event shall more than
one vote be cast with respect to any Lot.
Class B. The Class B Member shall be the Declarant, its
successors and assigns. The Class B Member shall be entitled to
three (3) votes for each Lot in which it holds the interest
required for membership by Article III, PROVIDED, that the Class B
membership shall cease and be converted to Class A membership on
the happening of either of the following events, whichever occurs
earlier:
(a) when ninety (90%) percent of the Lots have been
conveyed to outside third-party purchasers; or
(b) on December 31, 2003; or
(c) Thirty (30) days after Declarant elects to
terminate the Class B membership.
3
ARTICLE V
PROPERTY RIGHTS
Section 1. Members Easements of Enj oyment. Every Member
shall have a right and easement of enjoyment in and to the COllUUon
Area and such easement shall be appurtenant to and shall pass with
the title to every Lot, subject to the following provisions:
(a) The right of the Association, in accordance with its
Articles of Incorporation and By-Laws, to borrow money
for the purpose of improving the COllUUon Area, and in aid
thereof to mortgage said COllUUon Area and the rights of
such mortgagee in said COllUUon Area shall be subordinate
to the rights of the Owners hereunder; the right to
mortgage the COllUUon Area provided herein shall not become
effective until a Townhouse has been constructed upon
each Lot within the Property and each Lot has been
conveyed from the Declarant to a purchaser. No such
rights to mortgage shall be effective unless an
instrument shall be signed by two-thirds (2/3) of the
Members other than the Declarant.
(b) The right of the Association to dedicate or transfer all
or any part of the COllUUon Area to any public agency,
authority, or utility for such purposes and subject to
such conditions as may be agreed to by the Members. No
such dedication or transfer shall be effective unless an
instrument signed by Members entitled to cast two-thirds
(2/3) of the votes of the Class A membership and two-
thirds (2/3) of the votes of the Class B membership, if
any, has been recorded, agreeing to such dedication or
transfer, and unless written notice of the proposed
action is sent to every Member no less then 30 days nor
more than 60 days in advance of the duly called meeting
at which the vote on such dedication or transfer is held,
provided however that such dedication or transfer shall
be subject to easement of ingress and egress in favor of
the Owners.
(c) The right of the individual Members and/or Owners to use
certain parking spaces located in the COllUUon Area as
provided for in Section 3, herein;
(d) The right of the individual Members and/or Owners to use
the mailbox located in the COllUUon Area and designated by
the Association or the Declarant for use by each
Townhouse, as provided in Section 7 herein;
(e) The right of the Declarant or the Association to
establish, from time to time, certain easements over the
COllUUon Area for utilities broadband cOllUUunications, cable
television and other COllUUon services purposes;
(f) The right of the Association to charge reasonable fees
for the use of designated facilities (if any) on the
COllUUon Area;
(g) The right to the use and enjoyment of the COllUUon Area and
facilities thereon shall extend to all Members and their
family, tenants, contract purchasers and invited guests,
provided there is delegation of the right of enjoyment in
accordance with the By-Laws and subject to regulation
from time to time by the Association in its Rules;
(h) Existing easements and agreements of record;
(i) Easements referred to in Article X hereof;
4
(j) Access to certain COllUUon Area within the Property may not
be obtained from an Owner's or Member's Lot or other
COllUUon Area or publicly dedicated streets or properties.
Thus, to obtain access to certain COllUUon Area for which
access can not be obtained from the Owner's or Member's
Lot, other COllUUon Area or publicly dedicated streets or
properties, the Owner or Member shall need to obtain the
permission of a Lot Owner whose Lot is contiguous to said
COllUUon Area. The fact that a Member or Owner shall not
have access to certain COllUUon Area from his or her Lot,
COllUUon Area or publicly dedicated streets or properties
does not allow an Owner to escape liability for
assessments provided for in Article VI of this
Declaration; and
(k) The other provisions of this Declaration, the Articles
and By-Laws.
Section 2. Title to the COllUUon Area. The Declarant hereby
covenants for itself, its successors and assigns, that it will
convey fee simple title to the COIlUUOn Area to the Association, free
and clear of all encumbrances and liens prior to the conveyance of
the first Lot to a third party.
Section 3. Parking Rights. The ownership of any Lot shall
entitle the Owner, or Owners, thereof to the exclusive use of two
parking spaces designated as the parking spaces for the Townhouse
on a particular Lot. This limitation is absolute, and
notwithstanding any other provisions contained herein, may never be
removed from or abrogated by the Owner, from time to time, of the
individual Lot. Additionally, there shall be other parking spaces
within the COllUUon Area which shall be designated for guests and not
deemed Limited COllUUon Areas, and which shall be for the general use
of all Owners, their tenants, and/or guests, subject to the
provisions and restrictions contained herein.
Section 4. Declarant's.Reserved Rights. Notwithstanding any
provision herein to the contrary the property rights under this
Article V shall be subject to:
(a) The right of the Declarant to execute all documents and
take such actions and do such acts affecting the Property
which, in the Declarant's sole discretion, are desirable
or necessary to facilitate the Declarant's actual
construction of development of the Property. However,
nothing contained herein shall authorize the Declarant to
take any action that would diminish the rights of any
lienholder or the holder of any mortgage on any Lot or on
the COllUUon Area, take any action that will affect title
to any of the Lots after conveyance to third parties, or
unilaterally change the Declaration, Articles or By-Laws
after the Class B Membership has terminated;
(b) Easements of record on the date hereof and any easements
which may hereafter be granted by Declarant to any public
or private utilities or governmental bodies for the
installation and maintenance of cable television,
electrical and telephone conduits and lines, sewers or
water pipes, or any other utilities or services to any
Lots within the Property or any portion of the COllUUon
Area;
(c) The Declarant shall have full rights of ingress and
egress to and through, over and about the COllUUon Area
during such time as the Declarant is engaged in any
construction or improvement work on or within the
Property; and shall further have an easement thereon for
the purpose of the storage of materials, vehicles, tools,
equipment, etc., which are being utilized in such
development or construction;
5
(d) The Declarant shall have full rights of ingress and
egress to and through the COllUUon Area during such time as
the Declarant is engaged in any construction or
improvement work on or within any property contained
within the Plat, including the adjoining development
known as San Savino Estates, which property is contained
within the Plat; and shall further have an easement
thereon for the purpose of the storage of materials,
vehicles, tools, equipment, etc., which are being
utilized in such development or construction; and
(e) The Declarant shall have full right to assign all of its
right, title and interest in the Property both as
Declarant and as a member of the Association to another
party by the execution and recording of a proper
instrument in the Public Records of Palm Beach County,
Florida. This provision shall not, however, be construed
to allow Declarant to assign a membership in the
Association in a transaction separate from ownership of
a Lot.
Section 5. No Dedication to Public Use. Nothing contained in
the within Declaration shall be construed or be deemed to
constitute a dedication, express or implied, of any part of the
COllUUon Area to or for any public use or purpose whatsoever.
Section 6. Incorporation of Easements by Reference.
Reference in the respective deeds of conveyance, or any mortgage or
trust deeds or other evidence of obligation, to the easements and
covenants herein described shall be sufficient to create and
reserve such easements and covenants to the respective grantees,
mortgagees or trustees of said parcels as fully and completely as
though said easements and covenants were fully recited and set
forth in their entirety in such documents.
Section 7. Mailbox on COllUUon Areas. There will be located on
portions of the COllUUon Areas, to be designated by Declarant in
accordance with United States Postal Service requirements,
mailboxes to serve certain Lots which shall be designated by the
Declarant or the Association.
ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments to be Paid to the Association. The Declarant, for each
Lot owned by it within the Property, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in any such deed or other conveyance
(including any purchaser at a judicial sale), is deemed to
covenant, which covenant shall run with the land and be binding on
every Owner, and agrees to pay to the Association: (1) any regular
assessments or charges; and (2) any special assessments for
improvements, or to fund any deficits between the amount collected
for regular assessments in accordance with the capital annual
budget and the amount determined necessary by the Association for
the proper management and maintenance of the COllUUon Area, together
with other costs and/or expenses levied or imposed against the
Association or property of the Association; and (3) any regular
assessments or charges to effect payment of property taxes which
may be assessed against COllUUon Area or any personal property which
may in the future be owned by the Association. Such assessments
shall be fixed, established and collected from time to time as
hereinafter provided. The regular and special assessments,
together with such interest thereon and costs of collection
thereof, including attorney's fees, as hereinafter provided and any
applicable late fee imposed by the Board of Directors of the
6
Association, shall be a charge on the Property and shall be a
continuing lien upon any Lot against which each such assessment is
made, and said lien may be enforced in the same manner in which
mortgages are enforced. Each such assessment, together with such
interest, costs (including applicable late fees), and reasonable
attorneys' fees for its collection, including attorneys' fees
involved at all appellate levels and whether or not suit is
instituted, shall also be the personal obligation of the person or
entity who was the Owner of the Lot at the time when the assessment
becomes due. The personal obligation shall not pass to the
successors in title unless expressly assumed by such successors.
Section 2. Purpose of Assessments. The assessments to be
levied by the Association shall be used exclusively for the purpose
of prompting the recreation, health, safety, and welfare of the
residents of the Property and shall specifically include, but not
limited to: the maintenance and operation of the private roads
serving the Property; maintenance of all lighting and parking
facilities in the COllUUon Areas; the payment of taxes and insurance
for the COllUUon Areas; payment for the improvement and maintenance
of the Property, and services for facilities related to the use and
enjoyment of the COllUUon Area.
Section 3. Basis of Annual Assessments. Until December 31,
2000 the monthly assessment shall be the amount as set forth in the
initial budget of the Association for its initial year of
operation. From and after January 1, 2001, the annual assessment
shall be determined in accordance with the Articles of
Incorporation and By-Laws of the Association taking into account
current maintenance costs and future needs of the Association. The
maintenance costs shall include and shall mean all operating costs
of the Association, maintenance costs of the COllUUon Area, payment
of insurance premiums for the COllUUon Area, payment of any personal
property taxes on the COllUUon Area, and obligations with respect to
the Townhouses. The annual assessment shall also include a sum
required to provide an adequate reserve fund for the maintenance,
repair and replacement of tne COllUUon Areas and any improvements
thereon, if any, or any personal property owned by the Association
or obligations of the Association for the repainting of the
exterior of the Townhouses, and for which payments are to be made
in regular installments rather than by special assessment.
Section 4. Special Assessment for Capital Improvements. In
addition to the annual assessment authorized above, the Association
may levy in any assessment year, a special assessment applicable to
that year only, for the purpose of defraying, in whole or in part,
the cost of any construction or reconstruction, unexpected repair
or replacement of a described capital improvement upon the Common
Area, including the necessary fixtures and personal property
related thereto, PROVIDED that any such assessments shall have the
assent to two-thirds (2/3) of the votes of each class of Members
who are voting in person or by proxy at a meeting duly called for
this purpose, written notice of which shall be sent to all Members
not less than 30 days nor more than 60 days in advance of the
meeting setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for all Lots
and may be collected on a monthly, quarterly or semi-annual basis
as determined by the Board of Directors. Payments of all
assessments will be made directly to the Association or its
designated management company and in no instance shall any
mortgagees have the obligation to collect assessments.
Section 6. Quorum for Any Action Authorized Under Section 4.
At each meeting called, as provided in Section 4 hereof, the
presence of the meeting of Members or of proxies entitled to cast
one-third (1/3) of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not forthcoming at
7
any meeting, another meeting may be called, subject to the notice
requirements set forth in Section 4 and the required quorum at any
such subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall
be held more than sixty (60) days following the preceding meeting.
Section 7. Date of Conunencement of Annual Assessments. Due
Dates. The annual assessments provided for herein shall conunence
as to all Lots on the first day of the month following the
conveyance of the first Lot to an Owner. The first annual
assessment shall be adjusted according to the number of months
remaining in the calendar year. The Board of Directors of the
Association shall fix the amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall
be sent to every Owner subject thereto. The due date shall be
established by the Board of Directors. The Board of Directors, if
necessary to insure cash flow, may institute reasonable late
payment fees for monthly payment of the annual assessment. The
Association shall upon demand at any time furnish a certificate in
writing signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid. A
reasonable charge may be made by the Board for the issuance of
these certificates. Such certificate shall be conclusive evidence
of payment of any assessment therein stated to have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of
the Association. Any assessments which are not paid when due shall
be delinquent. If the assessment is not paid within five (5) days
after the due date, the assessment shall bear interest from the
date of delinquency at the rate of eighteen (18%) percent per annum
and the Association, acting through its Board of Directors, may
bring an action at law against the Owner personally obligated to
pay the same, or foreclose the lien against the Lot to which the
assessment is levied, and interest, costs and reasonable attorneys'
fees, including at all appellate levels and whether or not suit is
instituted, in collection or enforcement shall be added to the
amount of such assessment. Additionally, the Board of Directors of
the Association may at its discretion impose the maximum late fee
allowed under Florida Statutes for each month that assessments are
delinquent, and notify any mortgagees or lenders of Owner, any co-
borrowers and/or guarantor(s) without recourse to Declarant and/or
the Association. No Owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the Common
Area or abandonment of his or her Lot.
Section 9. Special Assessment Against a particular Owner of
Lot. In the event an Owner of any Lot in the Property shall fail
to maintain the premises and the improvements situated thereon in
a manner satisfactory to the Board of Directors, the Association,
after approval by two-thirds (2/3) of the Board of Directors, shall
have the right, through its agents and employees, to enter upon
said parcel and to repair, maintain, and restore the Lot, and the
exterior of the buildings and any other improvements erected
thereon. The costs of such exterior maintenance to which such Lot
is subj ect; and said assessment shall be enforced in the same
manner as provided for in Section 8.
Section 10. Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be superior to all
other liens save and except tax liens and the liens of any bona
fide Institutional First Mortgage to an Institutional First
Mortgagee,provided, however, that said mortgage liens are first
liens against the property encumbered thereby, subject only to tax
liens, and secure indebtednesses payable in constant monthly or
quarter annual payments over a period of not less than ten (10)
years.
Section 11. Exempt Property. The following Property subject
to this Declaration shall be exempt from the assessments created
8
herein: (a) any portion of the Property dedicated to and accepted
by a local public authority; (b) the Conunon Area; (c) any portion
of the Property which is designated and/or reserved for easements;
and (d) any portion of the Property owned by a charitable or non-
profit organization exempt from taxation by the laws of the State
of Florida. However, no land or improvements devoted to dwelling
use shall be exempt from said assessments.
ARTICLE VII
CAPITAL CONTRIBUTION
At the time of the closing of a Townhouse pursuant to an
original sale by the Declarant, each purchaser shall pay to the
Declarant on behalf of the Association a sum equal to the aggregate
of One Hundred and NO/100 ($100.00) Dollars as the amount of
working capital contribution. These monies (hereinafter called
"Capital Contribution" shall be the Association's property, and
shall be held by the Association through its Board of Directors,
pursuant to the powers described in the Articles and By-Laws. The
Capital Contribution shall be deemed ordinary association income
and need not be separated from or held or applied differently than
assessments. No refund of a Capital Contribution will be made on
re-sale.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Review of Proposed Construction. Subj ect to
Section' 2 below;. no improvement or alteration of any kind,
including, but not limited to, a fence, wall or other addition,
structure, or equipment (including landscaping, antennas, awnings,
and shutters) shall be installed, painted, erected, removed or
maintained within the Property, until the plans and specifications
showing the nature, kind, shape, height, materials and location of
the same shall have been submitted to, and approved in writing by,
a majority of the Board of Directors of the Association. The Board
of Directors of the Association shall approve proposals or plans
and specifications submitted for its approval only if it deems that
the construction, alterations or additions contemplated thereby in
the locations indicated will not be detrimental to the appearance
of the surrounding area of the Property and that the appearance of
any improvement or other structure affected thereby will be in
harmony with surrounding structures and improvements (or the
surrounding area contemplated by Declarant, if within the
Development Period) and it otherwise desirable. The Board of
Directors of the Association may condition its approval of
proposals and plans and specifications as it deems appropriate, and
may require submission of additional plans and specifications or
other information prior to approving or disapproving material
submitted. The Board of Directors of the Association may also
issue rules or guidelines setting forth procedures for the
submission of plans for approval. The Board of Directors of the
Association may require such detail in plans and specifications
submitted for its review as it deems proper, including, without
limitation, floor plans, site plans, drainage plans, elevation
drawings and descriptions or samples of exterior materials and
colors. Until receipt by the Board of Directors of the Association
of any required plans and specifications, the Board of Directors of
the Association may postpone review of any plans submitted for
approval. The Board of Directors of the Association shall have
thirty (30) days after delivery of all required materials to
approve or reject any such plans, and if not rejected within such
30-day period, said plans shall be deemed approved. All changes
and alterations shall be subject independently to all applicable
9
governmental laws, statutes, ordinances, rules, regulations, orders
and decrees. Any alteration or modification to the location and/or
placement of exterior walls of any Townhouse shall be further
conditioned on compliance with Metropolitan Palm Beach County
ordinances and the obtaining of applicable governmental approvals,
if any.
Section 2. No Waiver of Future Approvals. The approval of
the Board of Directors of the Association of any proposals or plans
and specifications or drawings for any work done or proposed, or in
connection with any other matter requiring the approval and consent
of the Board of Directors of the Association, shall not be deemed
to constitute a waiver of any right to withhold approval or consent
as to any similar proposals, plans and specifications, drawings or
matters whether subsequently or additionally submitted for approval
or consent.
Section 3. Liability of the Board of Directors of the
Association. No member of the Board of Directors of the
Association (or Declarant) shall be liable to any Owner or other
person by reason of mistake in judgment, failure to point out
deficiencies in plans, or any other act or omission in connection
with the approval of any plans. Any Owner submitting plans
hereunder by the submitting of same, agrees (i) not to seek any
damages or make any claim arising out of approval of plans
hereunder, and (ii) to indemnify and hold the Board of Directors of
the Association, the Association and Declarant harmless from any
cost, claim, damage, expense or liability whatsoever, including
attorneys' fees and costs at all tribunal and appellate levels (and
whether or not suit is instituted), arising out of the approval of
any plans regardless of the negligence of the conunittee members,
their representatives, or appointing entity.
Section 4. Inspection of Work. Inspection of work and
correction of defects therein shall proceed as follows:
(a) Upon the completion of any work for which approved plans
are required hereunder the applicant for such approval
("Applicant") shall give written notice of completion to the Board
of Directors of the Association.
(b) Within thirty (30) days thereafter, the Board of Directors
of the Association (or its duly authorized representative) may
inspect such completed work. If the Board of Directors of the
Association finds that such work was not effected in substantial
compliance with the approved plans, it shall notify the Applicant
in writing of such noncompliance within such thirty (30) day
period, specifying the particulars of noncompliance, and shall
require the Applicant to remedy the same.
(c) If a noncompliance exists, Applicant shall remedy or
remove the same within a period of not more than forty-five (45)
days from the date of announcement of the Board ruling. If
Applicant does not comply with the Board of Directors of the
Association ruling within such period, the Board, at its option,
may either remove the noncomplying improvement or remedy the
noncompliance (an easement therefor being hereby created), and
Applicant shall reimburse the Association, upon demand, for all
expenses incurred in connection therewith. This amount, together
with interest thereon at the rate of eighteen (18%) percent per
annum from the date the noncompliance was to have been remedied or
removed, the maximum late fee allowed under Florida Statutes for
each month that a violation exists if payment is not made within
thirty (30) days after announcement, and all costs and reasonable
attorneys' fees incurred by the Association in collection,
enforcement or abatement, as appropriate (including attorneys' fees
incurred at all appellate levels and whether or not suit is
instituted) shall be a personal obligation of Owner and shall not
pass to the successors in title of Owner unless expressly assumed
10
by such successors. Such amount (including interest, costs, late
fees and attorneys' fees as provided above) shall also be a
continuing lien and run with the land on the Owner's Property if
not paid within thirty (30) days after announcement and may be
enforced in the same manner in which mortgages are enforced by
foreclosure, or by bringing an action at law or equity against the
Owner.
(d) If for any reason the Board of
Association fails to notify the Applicant of
within forty-five (45) days after receipt of
completion from the Applicant, the improvement
have been made in accordance with the approved
Directors of the
any noncompliance
written notice of
shall be deemed to
plans.
Section 5. Variances. The Board of Directors of the
Association may authorize variances from compliance with any of the
architectural provisions of this Declaration when circumstances
such as topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. Such variance must be
evidenced in writing and must be signed by at least two (2) members
of the Board of Directors of the Association. If such variances
are granted, no violation of the covenants, conditions and
restrictions contained in this Declaration shall be deemed to have
occurred with respect to the matter for which the variance was
granted. The granting of such a variance shall not operate to
waive any of the terms and provisions of this Declaration for any
purpose except as to the particular property and particular
provisions hereof covered by the variance, nor shall it affect in
any way the Owner's obligation to comply with all governmental laws
and regulations affecting his use of the Lot and Townhome,
including, but not limited to, zoning ordinances and lot setback
lines or requirements imposed by any governmental or municipal
authority.
Section 6. Declarant's Exemption. Notwithstanding anything
to the contrary, this Article does not apply to the Declarant.
ARTICLE IX
USE RESTRICTIONS
Section 1. No Lot shall be used except for residential
purposes. No building shall be erected altered, placed or
permitted to remain on any Lot other than a Townhouse.
Section 2. No structure of a temporary character, trailer,
basement, tent, shack, barn, shed or other out-building shall be
used on any Lot at any time as a residence of appendage to such
residence, either temporary or permanent.
Section 3. No noxious or offensive activity shall be carried
on upon any Lot, nor shall anything be done thereon which may be or
may become an annoyance or nuisance to the neighborhood within the
Plat, or any matter which affects the health, safety or welfare of
the owners or occupants of the Property, in the Association's
reasonable discretion.
Section 4. No animals, livestock or poultry of any kind shall
be raised, bred or kept on any Lot, except that up to two (2)
household pets in total (and not of each type) consisting of dogs,
cats or other household pets may be kept provided they are not
kept, bred or maintained for any conunercial purpose.
Section 5. No sign of any kind shall be displayed to the
public view on any Lot, except one sign of not more than 18" X 24"
advertising that property for sale or rent, or signs used by the
Declarant to advertise the Property during the construction and
sale of Townhouses.
11
Section 6. Rubbish. No Lot shall be used or maintained as a
dumping ground for rubbish. All trash and garbage shall be
regularly removed from each Lot and shall not be allowed to
accumulate thereon. Trash, garbage or other waste shall be kept in
a sanitary, covered containers. All equipment for the storage or
disposal of such materials shall be kept in a clean and sanitary
condition. In no event shall such equipment and/or containers be
visible from the Conunon Area streets, from neighboring Property or
within property contained in the Plat, except for a reasonable time
inunediately prior to and after scheduled trash collection, and in
all events in compliance with Metropolitan Palm Beach County Code.
Section 7. No garments, rugs or any other materials may by
hung, exposed or dusted from the windows or from the front facade
of any Townhouse. Further, no outside clotheslines or other
facilities for drying or airing clothes shall be erected in the
front yard or back yard of any Townhome.
Section 8. Parking. There shall be no parking on any portion
of any sidewalk within the Property. There shall not be parked
upon any of the parking spaces set aside for general use within the
Conunon Area, if any, any trailer, conunercial vehicle, recreational
vehicle, boat or boat trailer. This restriction shall not be
deemed to limit the use of such parking areas, if any, for service
vehicles whose purpose is to perform maintenance and delivery
service to the Lot Owners or the Association during normal working
hours or for work performed for the Declarant or the Association
which are necessary in the development, maintenance or management
of the Association. The term "conunercial vehicle" includes trucks
and vehicular equipment or other vehicles which shall be used or
which are ordinarily intended to be used for conunercial purposes
and shall be further defined, but not limited to, any motor vehicle
bearing conunercial lettering, logo, conunercially identifiable
coloring, or any vehicle, motorized or otherwise, clearly designed
for a purpose other than the transportation of persons, including,
but not limited to, pick-up trucks, modified automobiles or trucks
or conversion flatbed automobiles which clearly contain materials
regularly used in trade or business. Such materials may include,
but are not limited to, ladders, scaffolding, mechanical or trade
tools, supplies or any other such materials which would represent
conunercial activity.
Section 9. No septic tanks or individual wells will be
permitted on any Lot.
Section 10. No garage may be improved for purposes of making
same a living area, nor shall garage doors be removed except for
replacement (in which case the Owner must obtain approval of any
replacement door from the Board of Directors of the Association) .
Section 11. Window Coverings. No external window covering,
reflective or other covering may be placed or permitted to remain
on any window of any building (either interior or exterior) without
the prior written approval of the Board of Directors of the
Association.
Section 12. Flags/Banners. No flags or banners other than
one (1) American Flag subject to approval (as to size and location)
from the Board of Directors of the Association. Any permanent
installed flag pole is also subject to approval (as to size, type
and location) by the Board of Directors of the Association. The
foregoing two (2) sentences shall not apply to the Declarant.
12
ARTICLE X
EASEMENTS
Section 1. Ingress and Egress and Utility Easements.
Easements for ingress and egress and for the installation and
maintenance of all utilities and drainage facilities are reserved.
The right is also reserved to the Declarant and the Association to
create additional utility easements by separate instrument as may
be required from time to time.
Section 2. Encroachment Easements. Notwithstanding any other
provisions contained in this Declaration, in the event that any
Townhouse, as constructed by the Declarant on a Lot, encroaches
upon any portion of the Conunon Area or adj oining Lot, then a
perpetual easement appurtenant to such Lot shall exist for the
continuance of any such encroachment on the Conunon Area or
adjoining Lot. In the event any fence, roof, overhanging roof, or
portion of the Townhouse, as constructed upon any Lot by Declarant,
encroaches or overlaps upon any other Lot or the Conunon Area, then,
in such event, a perpetual easement appurtenant to the Lot upon
which the fence, roof, overhanging roof, or Townhouse is
constructed shall exist for the continuation of any such
encroachment or overlapping upon the adjoining Lots and Common
Area.
ARTICLE XI
PROVISIONS RESPECTING TOWNHOUSES
Section 1. Wherever one Townhouse is separated from another
by a common wall or party-wall, the obligations of the Owners of
each of the Townhouses with respect to the party-wall shall be
governed by this Section. . The party-wall shall be the joint
obligation of each of the Owners of the adjoining Townhouses. Each
Owner shall be responsible for the repair and maintenance of the
surface portion of the party-wall which is contained within his
Townhouse. Any repairs, maintenance and the like, including
repairs or maintenance to the paint, plaster or wall-board of the
surface portion of the party-wall which is contained within his
Townhouse shall be the obligation of that Owner. The Owners shall
be jointly responsible for the structure of the party-wall, i.e.
repair or maintenance of concrete block or mortar. Each of the
Townhouse Owners shall be responsible for keeping in force
insurance respecting such party-wall. In the event of damage or
destruction to the party-wall, it shall be repaired as the common
expense of each of the Owners thereof, said expense being divided
equally. There shall be no subrogation or contribution between
such Townhouse Owners for the negligence or negligent acts of the
Townhouse Owners where such damage is fully covered by insurance
and to the extent of such insurance coverage. To the extent that
it is not covered by insurance, the negligent party shall bear the
cost. This Agreement shall be deemed the Party-Wall Agreement
among and between each of the Owners of the Townhouses, their
successors and assigns.
Section 2. In order to maintain a uniform appearance and to
maintain the high standards of maintenance within the conununity, it
shall be the duty and obligation of the Association to undertake
periodic exterior painting of all of the Townhouses. The
Association shall have the sole discretion to determine the time at
which such painting shall take place, the manner and color to be
used. Re-painting of any individual Townhouse, which is
necessitated by deterioration of existing paint, shall also be the
responsibility of the Association. However, the Association shall
be entitled to reimbursement from the Owner of the Townhouse where
the painting is required as a result of the deliberate or repeated
13
acts of the Owner.
Section 3. It shall be the duty of the Association to
maintain and cut the grass located on the Townhouse Owner's
property, the cost of such grass maintenance on the Townhouse
Owner's property being assumed by the Association for the benefit
of the entire Property as if same were Conunon Area, and such costs
being considered with the budget as part of grounds' maintenance.
The Owner shall not plant any trees or shrubbery on his Lot without
first obtaining the prior written consent of the Association. The
Association is hereby granted an easement over and across the
Owner's Lot for the purpose of maintaining and cutting the grass,
and the Owner shall not place any obstruction, fence, wall, tree or
shrubbery on such ground without the consent of the Association,
the said consent being conditioned on the Association having free
access to the property for the purpose of maintaining and cutting
the grass.
Section 4. Each Townhouse has a screen enclosure. Each Lot
Owner shall be responsible for maintaining and repairing the screen
enclosure in a clean, sanitary, neat, safe and orderly condition.
If any Lot Owner breaches these covenants, the Association may
enforce these covenants in accordance with the provisions of this
Declaration.
Section 5. It shall be the duty of the Association to
undertake periodic repair of the surface of each drivestrip, in
order to maintain a uniform appearance and to maintain the high
standards of maintenance within the conununity. The Association
shall have the sole discretion to determine the time at which said
maintenance shall take place and the manner of its completion. The
Association shall be entitled to reimbursement from the individual
Owner where the maintenance is required as a result of the
deliberate or repeated negligent acts of the Owner.
Section 6. Repair and maintenance of townhouse roofs shall be
the obligation of the Owners. In the event that roof repairs are
necessary where there is a conunonality of roof line and necessity
for repairing sections of roof that may overlap more than one
townhouse, then responsibility and repair and maintenance shall be
divided equally between the owners of the properties as is
described in the party-wall agreement in Section 1 above.
ARTICLE XII
PROVISIONS RELATING TO FIRST MORTGAGEES
Section 1. The following actions will require the prior
written approval of two-thirds (2/3) of the holders of record of
Institutional First Mortgages on Lots within the Property, (based
upon one vote for each Institutional First Mortgage owned): the
abandonment, partition, subdivision, encumbrance, sale or transfer
of the Conunon Areas by the Association, other than the granting of
easements for public utilities or for other public purposes
consistent with the intended use of such Conunon Areas; the material
change in the method of determining the assessment or other charges
that may be levied against an Owner; the waiver or abandonment of
any scheme of regulation or the enforcement thereof, pertaining to
the architectural design or control of the exterior appearance of
the Townhouses constructed upon the Property, or pertaining to the
maintenance of the Conunon Areas and any fences, driveways or lawns
located thereon; the failure of the Association to maintain fire
and extended coverage on the Conunon Areas and any insurable
improvements thereon in an amount that shall not be less than one
hundred percent (100%) of the insurable value, based on the current
replacement costs; the use of the insurance proceeds paid to the
Association for any loss to the Conunon Areas, or the improvements
thereon, for any purpose other than the repair, replacement or
14
reconstruction of such Common Areas and the improvements thereon;
the amendment of the Declaration in any manner which materially
affects or impairs the rights of an Institutional First Mortgagee;
the conveyance, encumbrance or hypothecation in any manner of the
COllUUon Areas.
Section 2. The holder of record of an Institutional First
Mortgage on any Lot in the Property may, singly or jointly with
other Institutional First Mortgagees: pay the taxes or other
charges which are in default, and who mayor have become a charge
against the Common Areas; pay overdue premiums on hazard insurance
policies for the Common Areas; or secure new hazard insurance
coverage for the Common Areas after lapse of the existing coverage.
In the event any Institutional First Mortgagee makes any of the
aforementioned payments, such Institutional First Mortgagee shall
be entitled to illUUediate reimbursement from the Association for the
payment advance, and such Mortgagee shall be subrogated to the
assessment and lien rights of the Association against the Owners
for the repayment of such advance, and the expense of making such
reimbursement to the Institutional First Mortgagee shall be deemed
a cOllUUon expense of the Association.
Section 3. No provision of this Declaration shall be
interpreted to give an Owner, or any other party, priority over the
rights of any Institutional First Mortgagee pursuant to the terms
of its Mortgage on any Lot on the Property in the event of a
distribution to such Owner of insurance proceeds or condemnation
awards for losses to or a taking of the COllUUon Areas.
Section 4. Any Institutional First Mortgagee of a Lot on the
Property who obtains title to a Lot pursuant to the remedies
provided in said Mortgagee's Institutional First Mortgage on that
Lot, or obtains title by deed in lieu of foreclosure, shall not be
liable for any unpaid assessment or charges accrued against said
Lot prior to the acquisition of title to said Lot by such
Mortgagee.
Section 5. The Institutional First Mortgagee of any Lot on
the Property is entitled, upon request, to written notification
from the Association of any default in the performance by the
Institutional First Mortgage, of any of such Owner's obligations
pursuant to the terms of this Declaration, which default is not
cured after sixty (60) days notice to such Owner.
Section 6. Any Institutional First Mortgagee who succeeds the
Declarant in title to any portion of the Property, or acquires
title to any portion of the Property by way of foreclosure, deed in
lieu of foreclosure, or otherwise, shall be entitled to any
exemption from the terms or restriction of the Declaration to the
same extent that Declarant would be exempt from such terms or
restrictions.
Section 7. Any agreement for professional management, or any
other contract providing for services of the Developer may not
exceed three (3) years. Any such agreement must provide for the
termination by either party without cause and payment of
termination fee on ninety (90) days or less written notice.
ARTICLE XIII
ANNEXATION
Additional property may be annexed to the Property by the
Declarant and become a part of the Property at any time during the
Development Period and shall become a part of the Property subject
to the jurisdiction of the Association and this Declaration.
15
ARTICLE XIV
GENERAL PROVISIONS
Section 1. Covenants Run With Land. All restrictions,
reservations, covenants, conditions and easements contained in this
Declaration shall constitute covenants running with the land, and
all grantees, devisees, or mortgagees, their heirs, personal
representatives, successors and assigns, and all parties claiming
by, through or under such persons, agree to be bound by the
provisions of (a) this Declaration of Covenants, Conditions and
Restrictions, and (b) the Articles of Incorporation and By-Laws of
the Association. The Association shall be the entity responsible
for the operation and maintenance of the COllUUon Area.
Section 2. Enforcement. The Association or any Owner shall
have the right to enforce, by a proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by an Owner to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. In the event the
Association or an Owner institutes legal proceedings or equitable
proceedings to enforce any restriction, condition, covenant,
reservation, lien or charge now or hereafter imposed by these
covenants, the prevailing party shall be entitled to recover its
reasonable attorneys' fees and costs including at all appellate
levels.
Section 3. Severability. Invalidation of anyone of these
covenants or restrictions by judgment or court order shall in no
way affect any other provisions which shall remain in full force
and effect.
Section 4. Amendment. The covenants, conditions,
restrictions, reservations, easements, liens and charges provided
for in this Declaration shall run with and bind the land, and shall
inure to the benefit of and be enforceable by the Association, or
the Owner of any Lot subject to this Declaration, their respective
legal representatives, heirs, successors and assigns, for a term of
twenty-five (25) years from the date this Declaration is recorded,
after which time said covenants shall be automatically extended for
successive periods of ten (10) years. So long as there is a Class
B Membership, Declarant reserves the right to amend this
Declaration without the consent of the Lot Owners. Such amendments
shall not require the consent of the Institutional First Mortgagee
Lenders and shall become effective when executed by Declarant and
recorded in the Public Records of Palm Beach County, Florida.
After the Class B Membership has terminated, the covenants and
restrictions of this Declaration may be amended by an instrument
signed by not less than fifty-one (51%) percent of the Lot Owners.
Any amendments must be properly recorded in the Public Records of
Palm Beach County, Florida.
Section 5. Remedies for Violation. For violation of a breach
of any of the provisions of this Declaration, or the provisions of
the Articles or By-Laws of the Association (or any Rules
promulgated by the Association as allowed hereunder) by any person
or party claiming by, through or under the Declarant and/or the
Association, or by virtue of any judicial proceedings, the Owner,
the Association, the Declarant, an Institutional First Mortgage, or
any of them, severally, shall have the right to proceed at law for
damages or in equity to compel compliance of any of such
provisions, or for such other relief as may be appropriate. In
addition to the foregoing rights, whenever (a) there shall have
been built within the Property any structure which is in violation
of this Declaration or in the event of any damage or destruction of
any of the Property or portion thereof by an Owner or any of its
guests, invitees, lessees or occupants, into disrepair and/or has
16
not been maintained as required by this Declaration and/or any
Rules, or (b) any portion of the Property and/or Townhome owned by
an Owner has fallen into disrepair and/or has not been maintained
as required by this Declaration and/or any Rules, a duly authorized
representative of the Association, may enter upon the Property
where such violation, damage or destruction exists and summarily
abate, remove or correct the same at the expense of the Owner;
provided, however, that the Association shall then make the
necessary repairs, constructions, etc., to insure that the Property
and improvements where such violation occurred in restored to the
same condition in which it existed (or should have existed) prior
to such violation, and any such entry, abatement, removal or
restoration and construction work shall not be deemed a trespass.
Such amount, together with interest thereon at the rate of eighteen
(18%) percent per annum thirty (30) days after the date of
notification of violation, and the maximum late fee allowed under
Florida Statutes for each month that payment is not made within
thirty (30) days after notification of violation, and all costs and
reasonable attorneys' fees incurred by the Association in
collection or enforcement (including attorneys' fees incurred at
all appellate levels and whether or not suit is instituted) shall
be a personal obligation of Owner and shall not pass to the
successors in title of Owner unless expressly assumed by such
successors. Such amount shall also be continuing li.en and run with
the land on the Owner's Property is not paid within thirty (30)
days after announcement and may be enforced in the same manner in
which mortgages are enforced by foreclosure, or by bringing an
action at law or equity against the Owner.
Section 6. Effect of Waiver of Violation. No waiver of a
breach of or violation of any of the terms, provisions and
covenants in this Declaration, or in the Articles of Incorporation
or By-Laws of the Association, shall be construed to be a waiver of
any succeeding breach or violation of the same term, provision or
covenant of this Declaration, or the Articles of Incorporation and
By-Laws of the Association.
Section 7. Instruments Governing COllUUon Area and Owners of
Lots. This Declaration and the Articles of Incorporation and By-
Laws of the Association, and any lawful amendments thereto, shall
govern the Common Area and the rights, duties and responsibilities
of the Owners of Lots.
Section 8. Broadband COllUUunications and Cable Television
Services. Comcast Cablevision of West Palm Beach, Inc. ("Comcast")
has the exclusive right to provide broadband communication services
including cable television services to the Property. The
Association shall have the right beginning four (4) years after
Certificates of Occupancy have been issued for fifty (50%) percent
of the Townhomes within the Property and any two (2) years
thereafter to enter into a bulk bill addendum, in the form attached
hereto as Exhibit "B" with Comcast. The bulk bill addendum will
provide that "Preferred Basic Service", as said term is defined in
the bulk bill addendum, will be available to all Owners with
payment being a part of the annual assessment assessed to Owners.
Section 9. Absolute Liability. No absolute liability shall
be imposed upon individual owners for damage to the Common Area or
to the Lots, including improvements, of others where maintained by
the Association, whether caused by themselves, their families,
guests or invitees. Their liability shall only be that for which
they would be legally responsible under State Law.
Section 10. HOD/FHA, VA, FNMA Approval. If the Property is
approved by the Department of Housing and Urban Development ("HOD")
as a Planned Unit Development , as long as there is a Class B
membership, the following actions will require the prior approval
of HOD/FHA or the Veterans Administration or the Federal National
Mortgage Association: Annexation of additional properties, mergers
17
and consolidations, mortgaging of Common Area, and amendment of
this Declaration of Covenants, Conditions and Restrictions, as long
as there is a Class B membership, the following actions will
require the prior approval of BUD/FHA or the Veterans
Administration or the Federal National Mortgage Association:
Annexation of additional properties, mergers and consolidations,
dedication of Common Area, and amendment of this Declaration of
Covenants, Conditions and Restrictions.
Section 11. Association Meetinqs at Borqata Clubhouse.
Subiect to the terms and orovis~ons of the Declaration of
Covenants. Restrictions and Easements of Boraata (the "Boraata
Declaration") recorded amona the Public Records of Palm Beach
County. Florida meetinqs of the Board of Directors of the
Association and Members meetinas may be held within the clubhouse
facility in Boraata. However. said use is limited to not more than
one Association meetinq (be it Directors meeting or Members
meetina) a calendar month at said clubhouse facility. A conference
room. meetinq area or other aoorooriate area will be used for said
meetina deoendinq on the antici~ated number of oeople attendina the
meetinq.
Section 12. Declarant's Disclaimer of Representations.
Notwithstanding anything to the contrary herein, Declarant makes no
warranties or representations whatsoever that the plans presently
envisioned for the complete development of the Property can or will
be carried out, or that any real property now owned or hereafter
acquired by it is or will be subjected to this Declaration, or that
any such real property (whether or not is have been subjected to
this Declaration) is or will be committed to or developed for a
particular (or any) use, or that if such real property is once used
for a particular use, such use will continue in effect. While
Declarant has no reason to believe that any of the restrictive
covenants and other provisions contained in this Declaration are or
may be invalid or unenforceable for any reason or to any extent,
Declarant makes no warranty or representation as to the present or
future validity or enforceability of any such restrictive covenant
and other provisions. Any Owner acquiring a Lot in reliance on or
more of such restrictive covenants and other provisions herein
shall assume all risks of the validity and enforceability thereof
and by accepting a deed to the Lot agrees to hold Declarant
harmless therefrom.
Section 13. Notice to Owners. Whenever notices are required
to be given hereunder, the same shall be sent to the Owners by
United States Mail at the address of the dwelling situated upon the
Lot. Such notices shall be deemed given when deposited in the
United States Mail. Any Owner may change his mailing address by
written notice given to the Declarant at:
8000 Governors Square Boulevard
Suite 101
Miami Lakes, Florida 33016
(or the official address of the Association
as may be designated from time to time.)
Section 14. Grammatical Construction. Wherever the context
so requires, the use of any gender shall be deemed to include all
genders, and the use of the singular shall include the plural, and
the plural shall include the singular.
Section 15. Declaration Controlling. In the event of any
conflicts between the provisions of this Declaration, the Articles
and/or By-Laws, the terms and provisions of this Declaration shall
control.
18
IN WITNESS WHEREOF, Continental Homes of Florida, Inc. have
executed this Declaration, this day of October, 1999.
Signed, sealed and delivered
in the presence of:
Continental Homes of Florida,
Inc., a Florida corporation
Name:
By:
Paul Romanowski, President
Name:
Attest:
Candace Sharpsteen,
Secretary
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE
The foregoing instruction was acknowledged before me this _
day of October, 1999, by Paul Romanowski, as President and Candace
Sharpsteen, as Secretary, of Continental Homes of Florida, Inc., a
Florida corporation, on behalf of said Corporation. The foregoing
persons identified themselves by producing their driver's license
issued by the State of Florida.
Name:
Notary Public, State of Florida at Large
My Commission Expires:
b: \lll:>t"IL."Y\cont lnen\9 96:l58\document\deelsan. wpd
19
JOINDER
San Savino Townhomes Homeowners' Association, Inc., a not-for-
profit Florida corporation, whose mailing address is 8000
Governor's Square Blvd., Suite 101, Miami Lakes, Florida 33016,
hereby approves and joins in the San Savino Townhomes Declaration
of Covenants, Conditions and Restrictions and the Exhibits attached
thereto, and agrees to be bound by the terms thereof and will
comply with and perform the terms and conditions of the
Declaration.
In Wi tness
Association, Inc.
October, 1999.
Whereof, San Savino Townhomes
has executed this Joinder on this
Homeowners'
day of
Signed, sealed and delivered
in the presence of:
San Savino Townhomes Homeowners'
Association, Inc.
Name:
By:
, President
(Corporate Seal)
Name:
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI-DADE )
The foregoing instruction was acknowledged before me this __
day of October, 1999, by , as President of San
Savino Townhomes Homeowners' Association, Inc., a not-for-profit
Florida corporation, on behalf of said Corporation. The foregoing
person is well known to me.
Name:
Notary Public, State of Florida
at Large
My Commission Expires:
h:\library\cantinen\996259\document\declsan.wpd
20
This Instr=-nt Prepared By:
JUAN E. RODRIGUEZ, ESQUIRE
Salomon, Kanner, Damian & Rodriguez, P.A.
2550 Brickell Bay View Centre
80 SoW. 8th Street
Miami, Florida 33130
DECLARATION OF COVENANTS, RESTRICTIONS,
CONDITIONS AND EASEMENTS
OF
BORGATA
This Declaration of Covenants, Restrictions, Conditions and
Easements made by Continental Homes of Florida, Inc., a Florida
corporation, whose mailing address is 8000 Governor's Square
Boulevard, Suite 101, Miami Lakes, Florida 33016.
WITNESSETH:
Continental Homes of Florida, Inc. is the owner in fee simple
of the property described in Exhibit "A" attached hereto and made
a part hereof; and
Continental Homes of Florida, Inc. for purposes of this
Declaration will be the Declarant; and
Continental Homes of Florida, Inc. may, but shall not be
required to, construct homes upon the property described in Exhibit
"A", provided that in any event such construction will be subject
to the covenants, conditions, restrictions, reservations,
easements, liens and charges hereinafter set forth; and
Now, Therefore, Declarant hereby declares that the property
described in Exhibit "A" shall be held, sold, conveyed, leased,
mortgaged and otherwise dealt with subject to the protective
covenants, conditions, restrictions, reservations, easements, liens
and charges as hereinafter set forth, all of which are for the
purpose of enhancing and protecting the value, desirability and
plan of development for the same. Said covenants, conditions,
restrictions, reservations, easements, liens and charges shall run
with the real property described in Exhibit "A", and shall be
binding upon all parties having and/or acquiring any right, title
or interest in said property or any portion thereof, and shall
inure to the benefit of each and every person or party, from time
to time, owning or holding an interest iri said property.
ARTICLE I
DEFINITIONS
The following words and terms when used in this Declaration or
. any supplemental declaration hereto or any amendment thereto
(unless the context shall clearly indicate otherwise) shall have
the following meanings:
Section 1. "Articles" mean and refer to the Articles of
Incorporation of Borgata Homeowners' Association, Inc., a not-for-
profit Florida corporation, and all exhibits which are attached
thereto and made a part thereof, and shall include such amendments,
if any, as may be adopted from time to time pursuant to the terms
thereof.
1
Section 2. "Bv-Laws" mean the By-Laws of Borgata Homeowners'
Association, Inc., and all exhibits attached thereto and made a
part thereof, and shall include such amendments, if any, as may be
adopted from time to time pursuant to the terms thereof.
Section 3. "Corooration" means Borgata Homeowners'
Association, Inc., a not-for-profit Florida corporation, its
successors and assigns.
Section 4. "Declarant" means Continental Homes of Florida,
Inc., a Florida corporation, or any successor of Declarant who may
be assigned all or a part of the rights and obligations of
Declarant pursuant to a written assignment executed by Declarant
and recorded among the Public Records of Palm Beach County,
Florida. If Declarant assigns only a portion of its rights and
obligations as Declarant hereunder to an assignee, then the term
Declarant as used in this Declaration shall mean such assignee only
when necessary to give such assignee the rights and obligations of
Declarant hereunder which were assigned to such assignee to the
same extent as if such assignee had been the original Declarant,
and said assignee shall not have any of the rights and obligations
of Declarant hereunder which were not specifically assigned to such
assignee.
Section 5. "Declaration" means this instrument, together
with the Exhibits attached hereto and made a part hereof, and shall
include such amendments, if any, as may be adopted from time to
time pursuant to the terms hereof. This Declaration may be referred
to in any other document as "Borgata Declaration of Covenants,
Restrictions, Conditions and Easements".
Section 6. "Develooment Period" means the period of time
until the Declarant has sold the last Lot within the Property or
any property annexed to the Property anq becoming a part of the
Property as provided herein to outside purchasers.
Section 7.
upon a Lot.
"Home" is a single family dwelling constructed
Section 8. "Institutional First Mortqaqe" is a mortgage
executed in favor of an Institutional First Mortgagee, which
mortgage is a first and prior mortgage encumbering a Home.
Section 9. "Institutional First Mortqaqee" is a bank, savings
and loan association, any insurance company, pension fund, real
estate trust, .Federal National Mortgage Association or its assigns,
Federal Home Loan Mortgage Company or its assigns, or any other
party engaged in the business of mortgage financing, which owns or
holds a first and prior mortgage encumbering a Home, and shall
include any corporate subsidiary of such entity.
Section 10. "Borqata" means the planned cOllUUunity planned
for development upon the property described in Exhibit "A" or any
Property annexed as provided herein; the said Borgata being within
Palm Beach County, Florida.
Section 11. "Lot" is a designated lot within the property
described on Exhibit "A" or any property annexed thereto and
becoming a part of the Property conveyed or to be .conveyed to an
Owner upon which there has been constructed or will be constructed
a Home.
Section 12. "Member" is every person or entity who is a
Member in the Corporation.
Section 13. "Owner" is the record owner, whether one or more
persons or entities, of the fee simple title to any Lot which is a
part of the Property, including contract sellers, but excluding
those parties having such interest merely as security for the
2
performance of any obligation.
Section 14. "Private Pro'Oertv" is the property described in
Exhibit "A-l" attached hereto and made a part hereof and all
improvements constructed thereon.
Section 15.
thereof recorded
Florida.
"Plat" is Melear P.U.D. according to the Plat
among the Public Records of Palm Beach County,
Section 16. "Prooertv" is the property described in Exhibit
"An, and such additions thereto as may hereafter be brought within
the jurisdiction of the Corporation and subject to the terms of
this Declaration.
Section 17. "Rules" are collectively the rules and
regulations which the Board of Directors of the Corporation may
promulgate or impose and thereafter modify, alter, amend, rescind
and augment any of the same with respect to the use, operation, and
enjoyment of the Property, though excluding the Private property,
and any improvements located thereon.
The foregoing definitions shall be applicable to this
Declaration and to any supplemental declaration hereto or any
amendment to this Declaration, unless otherwise expressly provided
herein or therein.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Leqal DescriDtion. The real property which is and
shall be held, transferred, sold, conveyed and occupied subject to
this Declaration is located in Palm Beach County, Florida, and is
the property described in Exhibit "An, and such additions as may
hereafter be brought within'the jurisdiction of the Corporation and
subject to the terms of this Declaration, less the portions thereof
dedicated and/or conveyed to other entities.
Section 2. Aoolication of Declaration. The Property shall be
held, transferred, sold, conveyed and occupied subject to the terms
and conditions of this Declaration, and any and all supplements and
lawful amendments hereto. The filing of this Declaration and
subjecting the property to the covenants, conditions, restrictions,
reservations, easements, liens and charges contained herein shall
not be construed in any way as inhibiting or prohibiting the
Declarant from conveying the Lots or improvements within the
property to third parties free and clear of any covenants,
conditions, restrictions, reservations, easements, liens and
charges, except for those specifically provided for in this
Declaration. Lots so conveyed by the Declarant to third parties
shall be used and held by said third parties in accordance with
this Declaration.
ARTICLE III
MEMBERSHIP
Section 1. Membershi'O. Every person or entity who is a record
Owner of a fee or undivided fee interest in any Lot which is
subject to the covenants, conditions, restrictions, reservations,
easements, liens and charges, of this Declaration, including
contract sellers, shall be a Member of the corporation. The
foregoing is not intended to include persons or entities who hold
an interest merely as security for the performance of an
obligation. No Owner shall have more than one membership for each
3
Lot owned. Membership shall be appurtenant to a Lot and may not be
separated from ownership of the Lot. Ownership of a Lot shall be
the sole qualification for membership. The Owner of record of each
Lot shall be subject to assessment by the Corporation, as
hereinafter provided, and shall be subject to enforcement by the
Corporation in accordance with the terms and provisions of this
Declaration.
ARTICLE IV
VOTING RIGHTS
The Corporation shall have two (2) classes of voting
membership:
Class A. Class A Members shall be those Owners defined in
Article III with the exception of the Declarant Continental Homes
of Florida, Inc. Class A Members shall be entitled to one (1) vote
for each Lot in which they hold the interest required for
membership by Article III. When more than one (1) person or entity
holds such interest in any Lot, all such persons shall be Members.
The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast
with respect to any Lot.
Class B. The Class B Member shall be the Declarant
Continental Homes of Florida, Inc., its successors and assigns.
The Class B member shall be entitled to three (3) votes for each
Lot in which it holds the interest required for membership by
Article III, provided that the Class B membership shall cease and
be converted to Class A membership on the happening of any of the
following events, whichever occurs earlier:
(a) Ninety (90%) percent of the Lots have been conveyed to
third-party purcqasers;
(b) December 31, 2003; or
(c) Thirty (30) days after Declarant elects to terminate the
Class B Membership.
ARTICLE V
PROPERTY RIGHTS
Section 1. Membershio Easements of Eniovment. Every Member
shall have a right and easement of enjoyment in and to the non-
exclusive use of the Private Property, and such easement shall be
appurtenant to and shall pass with the title to every Lot, subject
to the following provisions:
(a) The right of the Corporation, in accordance. with its
Articles of Incorporation and By-Laws, to borrow money
for the purpose of improving the Private Property, and in
aid thereof to mortgage said Private Property and the
rights of such mortgagee in said Private Property shall
be subordinate to the rights of the Owners hereunder; the
right to mortgage the Private Property provided herein
shall not become effective until a Home has been
constructed upon each Lot within the Property and each
Lot has been conveyed from the Declarant to a purchaser.
No such rights to mortgage shall be effective unless an
instrument shall be signed by two-thirds (2/3) of the
Members other than the Declarant.
4
(b) The right of the Corporation to dedicate or transfer all
or any part of the Private Property to any public agency,
authority or utility for such purposes, and subject to
such conditions as may be agreed to by the Members, or to
mortgage all or any part of the Private Property. No
such dedication, transfer or mortgage, shall be effective
unless an instrument signed by Members entitled to cast
two-thirds (2/3rds) of the votes of the Class A
membership and two-thirds (2/3rds) of the votes of the
Class B membership, if any, has been recorded, agreeing
to such dedication or transfer, and unless written notice
of the proposed action is sent to every Member not less
than thirty (30) days nor more than sixty (60) days in
advance of the duly called meeting at which the vote on
such dedication or transfer is held;
(c) The right of the Declarant or the Corporation to
establish, from time to time, certain easements over the
Private Property Eor utilities, broadband cOllUUunications,
cable television and other common services purposes;
(d) The right of the Corporation to charge reasonable fees
for the use of designated facilities (if any) on the
Private Property;
.liU. The riqht of San Savino Townhomes Homeowners'
Association. Inc. ("San Savino Association") to hold
meetinqs of its Board of Directors and Members at the
clubhouse facility located on the Private Prooerty. Said
San Savino Association meetinqs. be. they Board of
Directors or Members meetinqs. shall not occur more than
once a calendar month. A conference room. meetinq area
or other aoorooriate area will be used for said San
Savino Association meetinq deoendinq on the anticioated
number of oeoole attendinq said meetinq. The Board of
Directors and Members of the San Savino Association shall
have full riqhts of inqress and eqress to those oortions
of the Private Prooerty reasonablv necessarv to qet to
the clubhouse facility within the Private Prooertv;
lfl Existing easements and agreements of record;
19l Easements referred to in Article X hereof;
.1hl The right to the use and enjoyment of the Private
Property and facilities thereon shall extend to all
Members and their family, tenants, contract purchasers
and invited guests, provided there is delegation of the
right of enjoyment in accordance with the By-Laws and
subject to regulation from time to time by the
Corporation in its Rules;
lil Access to certain Private Property within the Property
may not be obtained from an Owner's or Member's Lot or
other Private Property or publicly dedicated streets or
properties. Thus, to obtain access to certain Private
Property for which access can not be obtained from the
Owner's or Member's Lot, other Private Property or
publicly dedicated streets or properties, the Owner or
Member shall need to obtain the permission of a Lot
Owner whose Lot is contiguous to said Private Property.
The fact that a Member or Owner shall not have access to
certain Private Property from his or her Lot, Private
Property or publicly dedicated streets or properties does
not allow an Owner to escape liability for assessments
provided for in Article VI of this Declaration; and
lil The other provisions of this Declaration, the Articles
and By-Laws.
5
Section 2. Title To Private ProDertv. The Declarant hereby
represents that the fee simple title to the Private Property has
been or will be conveyed to the Corporation, its successors and
assigns, free and clear of all mortgage liens.
Section 3. Declarant's Reserved Riahts. Notwithstanding any
provision herein to the contrary, the property rights under this
Article V shall be subject to:
(a) The right of Declarant to execute all documents and take
such actions and do such acts affecting the Property or
the pri vate Property which, in the Declarant's sole
discretion, are desirable or necessary to facilitate the
Declarant's actual construction or development of the
Property. However, nothing contained herein shall
authorize either Declarant to take any action that will
diminish the rights of any lienholder or the holder of
any mortgage on any Lot or on the Private Property; take
any action that will affect title to any of the Lots
after conveyance to third parties; or unilaterally change
the Declaration, Articles, By-Laws and Rules after the
Class B Membership has terminated;
(b) Easements of record on the date hereof and any easements
which may hereafter be granted by Declarant to any public
or private utilities or governmental bodies for the
installation and maintenance of cable television,
electrical and telephone conduit and lines, sewers or
water pipes, or any other utilities or services to any
Lots within the Property or any portion of the Private
Property or such easements as Declarant may determine are
necessary or beneficial for the maintenance or
preservation of the Property;
(c) The Declarant shall have full rights of ingress and
egress to and through, and over and about the Property,
including the Private Property, during the Development
Period and such additional period of time as Declarant is
engaged in any construction or improvement work on or
within the Property, and the Declarant shall further have
an easement thereon for the purpose of storage of
materials, vehicles, tools, equipment, etc., which are
being utilized in such development or construction and
for the use and maintenance of signs, banners, and the
like being used in connection with the sale or promotion
of the Property, or any portion thereof. No Owner, his
guests, employees, servants, agents and invitees shall in
any way interfere or hamper Declarant, its agents,
servants, employees, invitees, successors or assigns, in
connection with such construction, development, promotion
or sales activity; and
(d) The Declarant shall have full right to assign any or all
of its right, title and interest in the Property, both as
Declarant and as a Member of the CorpOration, to another
party by the execution and recording of a proper
instrument in the Public Records of Palm Beach County,
Florida. This provision shall not, however, be construed
to allow Declarant to assign a membership in the
Corporation in a transaction separate from ownership of
a lot.
Section 4. No Dedication to Public Use. Nothing contained in
this Declaration shall be construed or be deemed to constitute a
dedication, express or implied, of any part of the Private
Property, except for access to and from and throughout the property
described in the Plat or any additions thereto.
6
Section 5. Incornoration of Easements by Reference. Reference
in the respective deeds of conveyance, or any mortgage or trust
deeds or other evidence of obligation, to the easements and
covenants herein described shall be sufficient to create and
reserve such easements and covenants to the respective grantees,
mortgagees or trustees of said parcels as fully and completely as
though said easements and covenants were fully recited and set
forth in their entirety in such documents.
ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments to l:)e Paid to the Corporation. The Declarant, for each
Lot owned by it within the Property, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in any such deed or other conveyance
(including any purchaser at a judicial sale), is deemed to
covenant, which covenant shall run with the land and be binding on
every Owner, and agrees to pay to the Corporation: (1) any regular
assessments or charges; and (2) any special assessments for
improvements, or to fund any deficits between the amount collected
for regular assessments in accordance with the capital annual
budget and the amount determined necessary by the Corporation for
the proper management and maintenance of the Private Property,
together with other costs and/or expenses levied or imposed against
the Corporation or property of the Corporation; and (3) any regular
assessments or charges to effect payment of property taxes which
may be assessed against Private Property or any personal property
which may in the future be owned by the Corporation. Such
assessments shall be fixed, established and collected from time to
time as hereinafter provided. The regular and special assessments,
together with such interest thereon and costs of collection
thereof, including attorney'.s fees, as hereinafter provided and any
applicable late fee imposed by the Board of Directors of the
Corporation, shall be a charge on the Property and shall be a
continuing li.en upon any Lot against which each such assessment is
made, and said lien may be enforced in the same manner in which
mortgages are enforced. Each such assessment, together with such
interest, costs (including applicable late fees), and reasonable
attorneys I fees for its collection, including attorneys' fees
involved at all appellate levels and whether or not suit is
instituted, shall also be the personal obligation of the person or
entity who was the Owner of the Lot at the time when the assessment
becomes due. The personal obligation shall not pass to the
successors in title unless expressly assumed by such successors.
Section 2. purpose of Assessments. The assessments to be
levied by the Corporation shall be used exclusively for the purpose
of promoting the recreation, health, safety, and welfare of the
residents of the Property and shall specifically include, but not
limited to: the maintenance and operation of the entrance feature
to be erected (if any) to the Property; the maintenance of the
Private Property; the payment of taxes and insurance for the
Private Property; payment for the improvement and maintenance of
the Private Property, and services and facilities related to the
use and enjoyment of the Private Property.
Section 3. Basis of Annual Assessments. Until September 30,
2000 the monthly assessment shall be the amount as set forth in the
initial budget of the Corporation for its initial year of
operation. From and after October 1, 2000, the annual assessment
shall be determined in accordance with the Articles of
Incorporation and By-Laws of the Corporation taking into account
current maintenance costs and future needs of the Corporation. The
maintenance costs shall include and shall mean all operating costs
7
of the Corporation, maintenance costs of the Private Property,
payment of insurance premiums for the Private Property, payment of
any personal property taxes on the Private Property.
Section 4. Special Assessment for Capital Improvements. In
addition to the annual assessment authorized above, the Corporation
may levy in any assessment year, a special assessment applicable to
that year only, for the purpose of defraying, in whole or in part,
the cost of any construction or reconstruction, unexpected repair
or replacement of a described capital improvement upon the Private
Property, including the necessary fixtures and personal property
related thereto, PROVIDED that any such assessments shall have the
assent to two-thirds (2/3) of the votes of each class of Members
who are voting in person or by proxy at a meeting duly called for
this purpose, written notice of which shall be sent to all Members
not less than 30 days nor more than 60 days in advance of the
meeting setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for all Lots
and may be collected on a monthly, quarterly or semi-annual basis
as determined by the Board of Directors. Payments of all
assessments will be made directly to the Corporation or its
designated management company and in no instance shall any
mortgagees have the obligation to collect assessments.
Section 6. Quorum for Any Action Authorized Under Section 4.
At each meeting called, as provided in Section 4 hereof, the
presence of the meeting of Members or of proxies entitled to cast
one-third (1/3) of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not forthcoming at
any meeting, another meeting may be called, subject to the notice
requirements set forth in Section 4 and the required quorum at any
such subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall
be held more than sixty (60) days following the preceding meeting.
Section'7. Date of Commencement of Annual Assessments. Due
Dates. The annual assessments provided for herein shall commence
as to all Lots on the first day of the month following the
conveyance of the first Lot to an Owner. The first annual
assessment shall be adjusted according to the number of months
remaining in the calendar year. The Board of Directors of the
Corporation shall fix the amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall
be sent to every Owner subject thereto. The due date shall be
established by the Board of Directors. The Board of Directors, if
necessary to insure cash flow, may institute reasonable late
payment fees for monthly payment of the annual assessment. The
Corporation shall upon demand at any time furnish a certificate in
writing signed by an officer of the Corporation setting forth
whether the assessments on a specified Lot have been paid. A
reasonable charge may be made by the Board for the issuance of
these certificates. Such certificate shall be conclusive evidence
of payment of any asse~sment therein stated to have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of
the Corporation. Any assessments which are not paid when due shall
be delinquent. If the assessment is not paid within five (5) days
after the due date, the assessment shall bear interest from the
date of delinquency at the rate of eighteen (18%) percent per annum
and the Corporation, acting through its Board of Directors, may
bring an action at law against the Owner personally obligated to
pay the same, or foreclose the lien against the Lot to which the
assessment is levied, and interest, costs and reasonable attorneys'
fees, including at all appellate levels and whether or not suit is
instituted, in collection or enforcement shall be added to the
8
amount of such assessment. Additionally, the Board of Directors of
the Corporation may at its discretion impose the maximum late fee
allowed under Florida Statutes for each month that assessments are
delinquent, and notify any mortgagees or lenders of Owner, any co-
borrowers and/or guarantor(s) without recourse to Declarant and/or
the Corporation. No Owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the Private
Property or abandonment of his or her Lot.
Section 9. Special Assessment Against a Particular Owner of
Lot. In the event an Owner of any Lot in the Property shall fail
to maintain the premises and the improvements situated thereon in
a manner satisfactory to the Board of Directors, the Corporation,
after approval by two-thirds (2/3) of the Board of Directors, shall
have the right, through its agents and employees, to enter upon
said parcel and to repair, maintain, and restore the Lot, and the
exterior of the buildings and any other improvements erected
thereon. The costs of such exterior maintenance to which such Lot
is subj ect; and said assessment shall be enforced in the same
manner as provided for in Section 8.
Section 10. Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be superior to all
other liens save and except tax liens and the liens of any bona
fide Institutional First Mortgage to an Institutional First
Mortgagee, provided, however, that said mortgage liens are first
liens against the property encumbered thereby, subject only to tax
liens, and secure indebtednesses payable in constant monthly or
quarter annual payments over a period of not less than ten (lO)
years.
Section 11. Exempt property. The following Property subject
to this Declaration shall be exempt from the assessments created
herein: (a) any portion of the Property dedicated to and accepted
by a local public authority; (b) the Private property; (c) any
portion of the Property which is designated and/or reserved for
easements; and (d) any portion of the Property owned by a
charitable or non-profit organization exempt from taxation by the
laws of the State of Florida. However, no land or improvements
devoted to dwelling use shall be exempt from said assessments.
ARTICLE VII
CAPITAL CONTRIBUTION
At the time of the closing of a Home pursuant to an original
sale by the Declarant, each purchaser shall pay to the Declarant on
behalf of the Corporation a sum equal to the aggregate of One
Hundred and NO/l00 ($100.00) Dollars as the amount of working
capital contribution. These monies (hereinafter called "Capital
Contribution" shall be the Corporation's property, and shall be
held by the Corporation through its Board of Directors, pursuant to
the powers described in the Articles and By-Laws. The Capital
Contribution shall be deemed ordinary association income and need
not be separated from or held or applied differently than
assessments.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Revie~ of proposed Construction. Subject to
Section 2 below, no ~mprovement or alteration of any kind,
including, but not limited to, a fence, wall or other addition,
structure, or equipment (including landscaping, antennas, awnings,
and shutters) shall be installed, painted, erected, removed or
9
maintained within the Property, until the plans and specifications
showing the nature, kind, shape, height, materials and location of
the same shall have been submitted to, and approved in writing by,
a majority of the Board of Directors of the Corporation. The Board
of Directors of the Corporation shall approve proposals or plans
and specifications submitted for its approval only if it deems that
the construction, alterations or additions contemplated thereby in
the locations indicated will not be detrimental to the appearance
of the surrounding area of the property and that the appearance of
any improvement or other structure affected thereby will be in
harmony with surrounding structures and improvements (or the
surrounding area contemplated by Declarant, if within the
Development Period) and it otherwise desirable. The Board of
Directors of the Corporation may condition its approval of
proposals and plans and specifications as it deems appropriate, and
may require submission of additional plans and specifications or
other information prior to approving or disapproving material
submitted. The Board of Directors of the corporation may also
issue rules or guidelines setting forth procedures for the
submission of plans for approval. The Board of Directors of the
Corporation may require such detail in plans and specifications
submitted for its review as it deems proper, including, without
limitation, floor plans, site plans, drainage plans, elevation
drawings and descriptions or samples of exterior materials and
colors. Until receipt by the Board of Directors of the Corporation
of any required plans and specifications, the Board of Directors of
the Corporation may postpone review of any plans submitted for
approval. The Board of Directors of the Corporation shall have
thirty (30) days after delivery of all required materials to
approve or reject any such plans, and if not rejected within such
30-day period, said plans shall be deemed approved. All changes
and alterations shall be subject independently to all applicable
governmental laws, statutes, ordinances, rules, regulations, orders
and decrees. Any alteration or modification to the location and/or
placement of exterior walls of any Home shall be further
conditioned on compliance with Metropolitan Palm Beach County
ordinances and the obtaining of applicable governmental approvals,
if any.
Section 2. No Waiver of Future Approvals. The approval of
the Board of Directors of the Corporation of any proposals or plans
and specifications or drawings for any work done or proposed, or in
connection with any other matter requiring the approval and consent
of the Board of Directors of the Corporation, shall not b~ deemed
to constitute a waiver of any right to withhold approval or consent
as to any similar proposals, plans and specifications, drawings or
matters whether subsequently or additionally submitted for approval
or consent.
Section 3. Liability of the Board of Directors of the
Corporation. No member of the Board of Directors of the
Corporation (or Declarant) shall be liable to any Owner or other
person by reason of mistake in judgment, failure to point out
deficiencies in plans, or any other act or omission in connection
with the approval of any plans. Any Owner submitting plans
hereunder by the submitting of same, agrees (i) not to seek any
damages or make any claim arising out of approval of plans
hereunder, and (ii) to indemnify and hold the Board of Directors of
the Corporation, the Corporation and Declarant harmless from any
cost, claim, damage, expense or liability whatsoever, including
attorneys' fees and costs at all tribunal and appellate levels (and
whether or not suit is instituted), arising out of the approval of
any plans regardless of the negligence of the committee members,
their representatives, or appointing entity.
Section 4. Inspection of Work. Inspection of work and
correction of defects therein shall proceed as follows:
10
(a) Upon the completion of any work for which approved plans
are required hereunder the applicant for such approval
("Applicant") shall give written notice of completion to the Board
of Directors of the corporation.
(b) Within thirty (30) days thereafter, the Board of Directors
of the Corporation (or its duly authorized representative) may
inspect such completed work. If the Board of Directors of the
Corporation finds that such work was not effected in substantial
compliance with the approved plans, it shall notify the Applicant
in writing of such noncompliance within such thirty (30) day
period, specifying the particulars of noncompliance, and shall
require the Applicant to remedy the same.
(c) If a noncompliance exists, Applicant shall remedy or
remove the same within a period of not more than forty-five (45)
days from the date of announcement of the Board ruling. If
Applicant does not comply with the Board of Directors of the
Corporation ruling within such period, the Board, at its option,
may either remove the noncomplying improvement or remedy the
noncompliance (an easement therefor being hereby created), and
Applicant shall reimburse the Corporation, upon demand, for all
expenses incurred in connection therewith. This amount, together
with interest thereon at the rate of eighteen (18%) percent per
annum from the date the noncompliance was to have been remedied or
removed, the maximum late fee allowed under Florida Statutes for
each month that a violation exists if payment is not made within
thirty (30) days after announcement, and all costs and reasonable
attorneys' fees incurred by the Corporation in collection,
enforcement or abatement, as appropriate (including attorneys' fees
incurred at all appellate levels and whether or not suit is
instituted) shall be a personal obligation of Owner and shall not
pass to the successors in title of Owner unless expressly assumed
by such successors. Such amount (including interest, costs, late
fees and attorneys' fees as provided above) shall also be a
continuing lien and run with the land on the Owner's property if
not paid within thirty (30) days after announcement and may be
enforced in the same manner in which mortgages are enforced by
foreclosure, or by bringing an action at law or equity against the
Owner.
(d) If for any reason the Board of Directors of the
Corporation fails to notify the Applicant of any noncompliance
within forty-five (45) days after receipt of written notice of
completion from the Applicant, the improvement shall be deemed to
have been made in accordance with the approved plans.
Section 5. Variances. The Board of Directors of the
Corporation may authorize variances from compliance with any of the
architectural provisions of this Declaration when circumstances
such as topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. Such variance must be
evidenced in writing and must be signed by at least two (2) members
of the Board of Directors of the Corporation. . If such variances
are granted, no violation of the covenants, conditions and
restrictions contained in this Declaration shall be deemed to have
occurred with respect to the matter for which the variance was
granted. The granting of such a variance shall not operate to
waive any of the terms and provisions of this Declaration for any
purpose except as to the particular property and particular
provisions hereof covered by the variance, nor shall it affect in
any way the Owner's obligation to comply with all governmental laws
and regulations affecting his use of the Lot and Home, including,
but not limited to, zoning ordinances and lot setback lines or
requirements imposed by any governmental or municipal authority.
Section 6. Declarant's Exemption. Notwithstanding anything
to the contrary, this Article does not apply to the Declarant.
1l
ARTICLE IX
USE RESTRICTIONS
Section 1. No Lot shall be used except for
purposes. No building shall be erected altered,
permitted to remain on any Lot other than a Home.
residential
placed or
Section 2. No structure of a temporary character, trailer,
basement, tent, shack, barn, shed or other out-building shall be
used on any Lot at any time as a residence of appendage to such
residence, either temporary or permanent.
Section 3. No noxious or offensive activity shall be carried
on upon any Lot, nor shall anything be done thereon which may be or
may become an annoyance or nuisance to the neighborhood within the
Plat, or any matter which affects the health, safety or welfare of
the owners or occupants of the Property, in the Corporation's
reasonable discretion.
Section 4. No animals, livestock or poultry of any kind shall
be raised, bred or kept on any Lot, except that up to two (2)
household pets in total (and not of each type) consisting of dogs,
cats or other household pets may be kept provided they are not
kept, bred or maintained for any commercial purpose.
Section 5. No sign of any kind shall be displayed to the
public view on any Lot, except one sign of not more than 18" X 24"
advertising that property for sale or rent, or signs used by the
Declarant to advertise the Property during the construction and
sale of Homes.
Section 6.' Rubbish. No Lot shall be used or maintained as a
dumping ground for rubbish. All trash and garbage shall be
regularly removed from each Lot and shall not be allowed to
accumulate thereon. Trash, garbage or other waste shall be kept in
a sanitary, covered containers. All equipment for the storage or
disposal of such materials shall be kept in a clean and sanitary
condition. In no event shall such equipment and/or containers be
visible from the Private Property streets, from neighboring
Property or within property contained in the Plat, except for a
reasonable time inunediately prior to and after scheduled trash
collection, and in all events in compliance with Metropolitan Palm
Beach County Code.
Section 7. No garments, rugs or any other materials may by
hung, exposed or dusted from the windows or from the front facade
of any Home. Further, no outside clotheslines or other facilities
for drying or airing clothes shall be erected in the front yard or
back yard of any Home.
Section 8. Parking. There shall be no parking on any portion
of any sidewalk within the Property. There shall not be parked
upon any of the parking spaces set aside for general use within the
Private Property, if any, any trailer, commercial vehicle,
recreational vehicle, boat or boat trailer. This restriction shall
not be deemed to limit the use of such parking areas, if any, for
service vehicles whose purpose is to perform maintenance and
delivery service to the Lot Owners or the Corporation during normal
working hours or for work performed for the Declarant or the
Corporation which are necessary in the development, maintenance or
management of the Corporation. The term "conunercial vehicle"
includes trucks and vehicular equipment or other vehicles which
shall be used or which are ordinarily intended to be used for
commercial purposes and shall be further defined, but not limited
to, any motor vehicle bearing commercial lettering, logo,
commercially identifiable coloring, or any vehicle, motorized or
otherwise, clearly designed for a purpose other than the
12
transportation of persons, including, but not limited to, pick-up
trucks, modified automobiles or trucks or conversion flatbed
automobiles which clearly contain materials regularly used in trade
or business. Such materials may include, but are not limited to,
ladders, scaffolding, mechanical or trade tools, supplies or any
other such materials which would represent commercial activity.
Section 9. No septic tanks or individual wells will be
permitted on any Lot.
Section 10. No garage may be improved for purposes of making
same a living area, nor shall garage doors be removed except for
replacement (in which case the Owner must obtain approval of any
replacement door from the Board of Directors of the Corporation) .
Section 11. window Coverings. No external window covering,
reflective or other covering may be placed or permitted to remain
on any window of any building (either interior or exterior) without
the prior written approval of the Board of Directors of the
Corporation.
Section 12. Flags/Banners. No flags or banners other than
one (1) American Flag subject to approval (as to size and location)
from the Board of Directors of the Corporation. Any permanent
installed flag pole is also subject to approval (as to size, type
and location) by the Board of Directors of the Corporation. The
foregoing two (2) sentences shall not apply to the Declarant.
ARTICLE X
EASEMENTS
Section 1. Easements for ingress and egress and for the
installation and maintenance of all utilities and drainage
facilities are reserved 01) and over each Lot and the Private
Property. The right is also reserved to the Declarant and the
Corporation to create additional utility easements by separate
instrument as may be required from time to time.
Section 2. Notwithstanding any other provisions contained in
this Declaration, in the event that any Home, as constructed by the
Declarant on a Lot, encroaches upon any portion of the Private
Property or adjoining Lot, then a perpetual easement appurtenant to
such Lot shall exist for the continuance of any such encroachment
on the Private Property or adjoining Lot. In the event any fence,
roof, overhanging roof, or portion of the Home, as constructed upon
any Lot by Declarant, encroaches or overlaps upon any other Lot or
the Private Property, then, in such event, a perpetual easement
appurtenant to the Lot upon which the fence, roof, overhanging
roof, or Home is construction shall exist for the continuation of
any such encroachment or overlapping upon the adjoining Lots and
Private Property.
ARTICLE XI
PROVISIONS RESPECTING BOMES
Section 1. House Maintenance. Each Lot Owner shall be
responsible for maintaining and repairing the Home and all other
improvements situated on his Lot in a clean, sanitary, neat, safe
and orderly condition. Each Lot Owner shall be responsible for the
maintenance, replacement or repair of all doors, exterior walls and
all other portions of his Home and shall also be responsible to
keep the paint on the exterior walls of the Home and the roof in a
good state of repair. It will also be the duty of each Lot Owner
to maintain in good repair the driveway servicing his Lot. If any
13
Lot Owner breaches these covenants, the Corporation may enforce
these covenants in accordance with the provisions of this
Declaration.
Section 2. Lawn Maintenance. No underbrush or other unsightly
growth shall be permitted to grow on any Lot, nor shall any refuse
or unsightly objects be permitted to remain thereon. Each Lot
Owner shall maintain his Lot in a neat and attractive manner,
including, without limitation, having grass, weeds and undergrowth
and other vegetation cut no less than once per month, and the
Shrubbery and trees located upon the Lot trimmed periodically in
accordance with good horticultural practices, including the removal
of any dead trees, shrubs or plants. Additionally. each Owner
shall replace, at its sole cost and expense, all dead trees, shrubs
and other vegetation (or those which in the determination of the
Board of Directors have become unsightly) planted by Declarant as
developer, on an Owner's Lot in accordance with good horticultural
practices and pursuant to Metropolitan Palm Beach County Code. In
addition to maintaining his Lot as herein provided, each Owner
shall maintain the wall, if any, facing the interior portion of his
Lot, and the public area located between the front property line of
his Lot and the street in front of his Lot or the property line of
his Lot and the street on the side of his Lot if such Lot is a
corner Lot. If any Lot Owner breaches these covenants, the
Corporation may enforce this covenant against that Lot Owner in
accordance with the provisions of this Declaration.
ARTICLE XII
PROVISIONS RELATING TO FIRST MORTGAGEES
Section 1. The following actions will require the prior
written approval of two-thirds (2/3) of the holders of record of
Institutional First Mortgages on Lots within the Property, (based
upon one (1) vote for each.Institutional First Mortgage holder):
the abandonment, partition, subdivision, encumbrance, sale or
transfer of the Private Property by the Corporation, other than the
granting of easements for public utilities or for other public
purposes consistent with the intended use of the Private Property;
a material change in the method of determining the assessments or
other charges that may be levied against an Owner; the failure of
the Corporation to maintain fire and extended coverage on any
insurable improvements hereafter on the Private Property and any
insurable improvements thereon in an amount that shall not be less
than one hundred (100%) percent of the insurable value, based on
the current replacement costs; the use of the insurance proceeds
paid to the Corporation for any loss to the Private property, or
the improvements thereon, for any purpose other than the repair,
replacement or reconstruction of the Private Property and the
improvements thereon; the amendment of the Declaration in any
manner which materially affects or impairs the rights of an
Institutional First Mortgagee; the conveyance, encumbrance or
hypothecation in any manner of the Private Property.
Section 2. An Institutional First Mortgagee on any Lot in the
Property may singly or jointly with other Institutional First
Mortgagees: pay the taxes or other charges which are in default,
and which mayor have become a charge against the. Private Property;
pay overdue premiums on hazard insurance policies for the Private
Property; or secure new hazard insurance coverage for the Private
Property after lapse of the existing coverage. In the event any
Institutional First Mortgagee makes any of the aforementioned
payments, such Institutional First Mortgagee shall be entitled to
inunediate reimbursement from the Corporation for the payments
advanced, and such Mortgagee shall be subrogated to the assessment
and lien rights of the Corporation against the Owners for the
repayment of such advance, and the expense of making such
reimbursement to the Institutional First Mortgagee shall be deemed
14
a conunon expense of the Corporation.
Section 3. No provision of this Declaration shall be
interpreted to give an Owner, or any other party, priority over the
rights of any Institutional First Mortgagee pursuant to the terms
of its Mortgage on any Lot on the Property in the event of a
distribution to such Owner of insurance proceeds or condemnation
awards for losses to or a taking of the Private Property.
Section 4. Any Institutional First Mortgagee of a Lot on the
Property who obtains title to a Lot pursuant to the remedies
provided in said Mortgagee's Institutional First Mortgage on that
Lot, or obtains title by deed in lieu of foreclosure, shall not be
liable for any unpaid assessment or charges accrued against said
Lot prior to the acquisition of title to said Lot by such
Mortgagee.
Section 5. The Institutional First Mortgagee of any Lot on
the Property is entitled, ~pon request, to written notification
from the Corporation of any default in the performance by the Owner
of any of such Owner's obligations pursuant to the terms of this
Declaration, which default is not cured after sixty (60) days
notice to such Owner.
Section 6. Any Institutional First Mortgagee who acquires
title to any portion of the Property by way of foreclosure, deed in
lieu of foreclosure, or otherwise, shall be entitled to any
exemption from the terms and restrictions of this Declaration to
the same extent that Declarant would be exempt from such terms or
restrictions.
Section 7. Any agreement for professional management, or any
other contract providing for services of the Declarant may not
exceed three (3) years. Any such agreement must provide for the.
termination by either party without cause and payment of a'
termination fee on ninety (90) days or less written notice.
ARTICLE XIII
ANNEXATION
Additional property may be annexed to the Property by the
Declarant and become a part of the Property at any time during the
Development Period and shall become a part of the Property subject
to the jurisdiction of the Corporation and this Declaration.
ARTICLE XIV
GENERAL PROVISIONS
Section 1. Covenants Run With Land. All covenants,
conditions, restrictions, reservations, easements, liens and
charges contained in this Declaration shall constitute covenants
running with the land, and all grantees, devisees, or mortgagees,
their heirs, personal representatives, successors and assigns, and
all parties claiming by, through or under such persons, agree to be
bound by the provisions of (a) this Declaration of Covenants,
Restrictions, Conditions and Easements, and (b) the Articles of
Incorporation and By-Laws of the Corporation. The Corporation
shall be the entity responsible for the operation and maintenance
of the Private Property.
Section 2. Enforcement. The Declarant or the Corporation
shall have the right during the Development Period to enforce all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration by proceedings at law or in equity. After the
15
Development Period, the Corporation or any lot Owner shall have the
right to enforce, by proceedings at law or in equity, all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration. In the event the Corporation or an Owner institutes
legal proceedings or equitable proceedings to enforce any
restriction, condition, covenant, reservation, lien or charge now
or hereafter imposed by these covenants, the prevailing party shall
be entitled to recover its reasonable attorneys' fees and costs
including at all appellate levels.
Section 3. Severability. Invalidation of anyone of these
covenants or restrictions by judgment or court order shall not
affect any other provisions which shall remain in full force and
effect.
Section 4. Amendment. The covenants, conditions,
restrictions, reservations, easements, liens and charges provided
for in this Declaration shall run with and bind the land, and shall
inure to the benefit of and be enforceable by the Corporation, or
the Owner of any Lot subject to this Declaration, their respective
legal representatives, heirs, successors and assigns, for a term of
twenty-five (25) years from the date this Declaration is recorded,
after which time said covenants shall be automatically extended for
successive periods of ten (10) years. So long as there is a Class
B Membership, Declarant reserves the right to amend this
Declaration without the consent of the Lot Owners. Such amendments
shall not require the consent of the Institutional First Mortgagee
Lenders and shall become effective when executed by Declarant and
recorded in the Public Records of Palm Beach County, Florida.
After the Class B Membership terminates, the covenants and
restrictions of this Declaration may be amended by an instrument
signed by not less than fifty-one (51%) percent of the Lot Owners.
Any amendments must be properly recorded in the Public
Records of Palm Beach County, Florida.
Section 5. Remedies for Violation. For violation of a breach
of any of the provisions of this Declaration, or the provisions of
the Articles or By-Laws of the Corporation (or any Rules
promulgated by the Corporation as allowed hereunder) by any person
or party claiming by, through or under the Declarant and/or the
Corporation, or by virtue of any judicial proceedings, the Owner,
the Corporation, the Declarant, an Institutional First Mortgage, or
any of them, severally, shall have the right to proceed at law for
damages or in equity to compel compliance of any of such
provisions, or for such other relief as may be appropriate. In
addition to the foregoing rights, whenever (a) there shall have
been built within the Property any structure which is in violation
of this Declaration or in the event of any "damage or destruction of
any of the Property or portion thereof by an Owner or any of its
guests, invitees, lessees or occupants, into disrepair and/or has
not been maintained as required by this Declaration and/or any
Rules, or (b) any portion of the Property and/or Home owned by an
Owner has fallen into disrepair and/or has not been maintained as
required by this Declaration and/or any Rules, a duly authorized
representative of the Corporation, may enter upon the Property
where such violation, damage or destruction exists and summarily
abate, remove or correct the same at the expense of the Owner;
provided, however, that the Corporation shall then make the
necessary repairs, constructions, etc., to insure that the Property
and improvements where such violation occurred in restored to the
same condition in which it existed (or should have existed) prior
to such violation, and any such entry, abatement, removal or
restoration and construction work shall not be deemed a trespass.
Such amount, together with interest thereon at the rate of eighteen
(18%") percent per annum thirty (30) days after the date of
notification of violation, and the maximum late fee allowed under
Florida Statutes for each month that payment is not made within
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thirty (30) days after notification of violation, and all costs and
reasonable attorneys' fees incurred by the Corporation in
collection or enforcement (including attorneys' fees incurred at
all appellate levels and whether or not suit is instituted) shall
be a personal obligation of Owner and shall not pass to the
successors in title of Owner unless expressly assumed by such
successors. Such amount shall also be continuing lien and run with
the. land on the Owner's Property is not paid within thirty (30)
days after announcement and may be enforced in the same manner in
which mortgages are enforced by foreclosure, or by bringing an
action at law or equity against the Owner.
Section 6. Effect of Waiver of Violation. No waiver of a
breach of or violation of any of the terms, provisions and
covenants in this Declaration, or in the Articles or By-Laws, shall
be construed to be a waiver of any succeeding breach or violation
of toe same term, provision or covenant of this Declaration, or the
Articles or By-Laws.
Section 7. Broadband Conununications and Cable Television
Services. Comcast Cablevision of West Palm Beach, Inc. ("Comcast")
has the exclusive right to provide broadband conununication services
including cable television services to the Property. The
Corporation shall have the right beginning four (4) years after
Certificates of Occupancy have been issued for fifty (50%) percent
of the Homes within the Property and ending two (2) years
thereafter to enter into a bulk bill addendum, in the form attached
hereto as Exhibit "B" with Comcast. The bulk bill addendum will
provide that "Preferred Basic Service", as said term is defined in
the bulk bill addendum, will be available to all Owners with
payment being a part of the annual assessment assessed to Owners.
Section 8. Instruments Governina Private Prooertv and Owners
of Lots. This Declaration and the Arti~les and By-Laws, and any
lawful amendments thereto shall govern the Private Property and the
rights, duties and responsi?ilities of the Owners of Lots.
Section 9. HOD/FHA. VA. FNMA Aooroval. If the Property is
approved by the Department of Housing and Urban Development ("BUD")
as a Planned Unit Development , as long as there is a Class B
membership, the following actions will require the prior approval
of HOD/FHA or the Veterans Administration or the Federal National
Mortgage Corporation: Annexation of additional properties, mergers
and consolidations, mortgaging of Private Property, and amendment
of this Declaration of Covenants, ~onditions and Restrictions.
Section 10. Declarant's Disclaimer of Representations.
Notwithstanding anything to the contrary herein, Declarant makes no
warranties or representations whatsoever that the plans presently
envisioned for the complete development of the Property can or will
be carried out, or that any real property now owned or hereafter
acquired by it is or will be subjected to this Declaration, or that
any such real property (whether or not is have been subjected to
this Declaration) is or will be committed to or developed for a
particular (or any) use, or that if such real property is once used
for a particular use, such use will continue in effect. While
Declarant has no reason to believe that any of the restrictive
covenants and other provisions contained in this Declaration are or
may be invalid or unenforceable for any reason or. to any extent,
Declarant makes no warranty or representation as to the present or
future validity or enforceability of any such restrictive covenant
and other provisions. Any Owner acquiring a Lot in reliance on or
more of such restrictive covenants and other provisions herein
shall assume all risks of the validity and enforceability thereof
and by accepting a deed to the Lot agrees to hold Declarant
harmless therefrom.
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Section 11. RIGHTS OF SAN SAVINO ASSOCIATION TO USE CLUBHOUSE
FACILITY. AS PROVIDED IN ARTICLE V. SECTION lIe) OF THIS
DECLARATION. SAN SAVINO TOWNHOMES HOMEOWNERS' ASSOCIATION. INC.
("SAN SAVINO ASSOCIATION") HAS THE RIGHT TO HOLD MEETINGS OF ITS
BOARD OF DIRECTORS AND MEMBERS AT THE CLUBHOUSE FACILITY LOCATED ON
THE PRIVATE PROPERTY. SAID SAN SAVINO ASSOCIATION MEETINGS. BE
THEY BOARD OF DIRECTORS OR MEMBERS MEETINGS. SHALL NOT OCCUR MORE
THAN ONCE A CALENDAR MONTH. A CONFERENCE ROOM. MEETING AREA OR
OTHER APPROPRIATE AREA WILL BE USED FOR SAID SAN SAVINO ASSOCIATION
MEETING DEPENDING ON THE ANTICIPATED NUMBER OF PEOPLE ATTENDING
SAID MEETING. THE BOARD OF DIRECTORS AND MEMBERS OF THE SAN SAVINO
ASSOCIATION SHALL HAVE FULL RIGHTS OF INGRESS AND EGRESS TO THOSE
PORTIONS OF THE PRIVATE PROPERTY REASONABLY NECESSARY TO GET TO THE
CLUBHOUSE FACILITY WITHIN THE PRIVATE PROPERTY.
Section 12. Notice to Owners. Whenever notices are required
to be given hereunder, the same shall be sent to the Owner by
United States First Class Mail, postage prepaid, at the address of
the Home situated upon the Lot. Such notices shall be deemed given
when deposited in the United States Mail. Any Owner may change his
mailing address by written notice given to the Declarant or the
Corporation at:
8000 Governor's Square Blvd., Suite 101
Miami Lakes, Florida 33016
(or the official address of the Corporation s may be
designated from time to time.)
Section 13. Granunatical Construction. Wherever the context so
requires, the use of any gender shall be deemed to include all
genders, and the use of the singular shall include the plural, and
the plural shall include the singular. .
Section 14. Conflicts. In the event of any conflict between
the provisions of this Declaration, the Articles and the By-Laws,
the provisions of this Declaration, the Articles and the By-Laws
shall control in that order.
IN WITNESS WHEREOF, Continental Homes of Florida, Inc. has
executed this Declaration, this day of October, 1999.
Signed, sealed and delivered
in the presence of:
Continental Homes of Florida,
Inc., a Florida corporation
Name:
By:
Paul Romanowski, President
Name:
Attest:
Candace Sharps teen, Secretary
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE
The foregoing instruction was acknowledged before me this
day of October, 1999, by Paul Romanowski, as President and Candace
Sharps teen , as Secretary, of Continental Homes of Florida, Inc., a
Florida corporation, on behalf of said Corporation. The foregoing
persons identified themselves by producing their driver'S license
issued by the State of Florida.
My Commission Expires:
Name:
Notary Public, State of Florida
at Large
b,\11brary\eont!nen\9962S9\document\declbor.wpd
18
JOINDER
Borgata Homeowners' Association, Inc., a not-for-profit Florida
corporation, whose mailing address is 8000 Governor's Square Blvd.,
Suite 101, Miami Lakes, Florida 33016, hereby approves and joins in the
Declaration of Covenants, Restrictions, Conditions and Easements of
Borgata and the Exhibits attached thereto, and agrees to be bound by
the terms thereof and will comply with and perform the terms and
conditions of the Declaration.
In witness Whereof. Borgata Homeowners' Association, Inc. has
executed this Joinder on this day of October, 1999.
Signed, sealed and delivered
in the presence of:
Borgata Homeowners'
Association, Inc.
Name:
By:
, President
(Corporate Seal)
Name:
STATE OF FLORIDA )
:SS.
COUNTY OF MIAMI-DADE )
The foregoing instruction was acknowledged before me this ____ day
of October, 1999, by , as President of Borgata
Homeowners' Association, Inc., a not-for-profit Florida corporation, on
behalf of said Corporation. The foregoing person is well known to me.
,
Name:
Notary Public, State of Florida
at Large
My Commission Expires:
h:\library\eontlnen\9962S,\document\declbor.wpd
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