LEGAL APPROVAL
CITY of
BOYNTON BEACH
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PO BOX 310
120 N,E, 2ND AVENUE
BOYNTON BEACH. FLORIDA 33435
(305\ 734-81\1
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May 5, 1982
Mr. Julian T, Bryan, III
170 Hampton Lane
Key Biscayne,Fl.33149
Dear Mr. Bryan:
On Tuesday, May 4, 1982, the City Council
approved the Site Development Plans for Tract "B" at the
Meadows 300 PUD,providing for the construction of 86 single-
family detached cluster units,subject to staff comments as
follows:
Building Dept.:
Subject to Memo
Planning Dept.:
Subject to Memo
In addition, please forward a copy of the Performance Bond for
review by the City Attorney concerning its applicability to
recreation at the PUD.
In addition, be advised that the Community Appearance Board has
placed stipulations on the approval of the plan as noted in the
Minutes which accompany this letter.
Prior to submitting plans to the Building
Official for permits, all staff recommendations and other materials
listed above and adopted by Council in their approval shall be
provided.
If you have any further questions concerning
this matter, please contact me.
Yours very truly,
CITY OF BOYNTON BEACH
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Carmen S. Annunz~ato
City Planner
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CITY of
BOYNTON BEACH
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P.O. BOX 310
120 N.E. 2ND AVENUE
BOYNTON BEACH. FLORIDA 33435
1305.734-8111
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To: Mr. Julian T. Bryan, III
CC: City Manager
Bldg. Dept. wjplans & attmts.
Eng. Dept. wjplans & attmts.
Utili ty Dept. wjplans & attmts.
Police Dept.
Fire Dept.
Parks & Rec. Dept.
Public Works Depti
Central File wjplans & attmts.
Energy Coordinator
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-~~ The site plan shall be _dr'~ to ~ scale of not less 'tlian two hundred
. . (200) feet 'to the inch. six (6) a};.ies of the site plan shaD. be
submitted by the applicant for the ~ tEe cf "the aWlup:iate CitY depart-
l!erJts and boards. The plan, foT' the FUl"??se of "!his section, shaD.
include, but not necessarily be lin;itec to, t,e !oll=ing plans,
designs, specificaticns and inforr.l3tion:
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1. The exact property liiles of tile property for \o:hich site plan
approval is :requested, inc1udin,g eyisting street and right-of-way
lines and survey and legal description of site prepared by a
:registe~d land surveyor. (3 copies )
2. Adjacent properties an 1:he sa'!E fron"tage, indicaDJlg the locations
of buildings and StructllreS on such acjacent properties, means of
ingress and egres!, to suCh properties, off-st::neet parking, loading
and service areas, _ if: any, fer or on such properties, and any
_ screening oz: buffer.: on sua, properties' and the naru:re and" type
.thereof. locatien of PresEl!t and pro?OSed structures on the site.
3. location and dirEnsims of all requirec yanjs.
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4. Location and facilities":for'ingressand--egress .to i:1)e site includ------
ing existing and proposed - curb cuts, if any, and proposed directions
of traffic flew on -d1e site and into' and from public rights-of-way.
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S. - location and clirrensians of off-stree't perking, loading and service
areas .
6. A Cre.:inage plan for the Entire site,
7. l..ocatian and dDrensions of areas for service to the property and for
refuse disposal and collection.
8, ~cation of all utili "ties ane E=ser.ents.
9. Landscape plans. (See C=i1:y P.:;:opearence Boan:l applicaticn.)
10. Location "and dinensions of all signs and exterior lighting facilities
to be placed en the si te.
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LA'lI'OFFICESOF ~_.(J - Z
JAY STEVEN LEVINE ' dg~ ~
THE NORTH POINTE BUILDING ReceIve ~I _g'j. A
82A us HIGHWAY ONE Date _ ~.. ~
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SUITE 310 IIn" c.F-
NORTH PALM BEACH. rLO~IDA 3340" Time I Y}
JAY STEVBN LEVINE
(ao&D .~700
. "'E""BER 0" rL.OAIOA BAR
Il MI.MNA 0" OI~TAICT OF COLUMe'A COURT or APPEALS 8AIt
BDW ARD DICKER. OF GoV...L
. MEMBER OF' FLORIDA aAA
. MEM8EA 0" NEW YORK SA"
July 15, 1983
James Vance, Esquire
324 Royal Palm Way
palm Beach, FL 33480
Dear Mr. Vance:
please be advised that the undersigned attorney represents Hasco
Development Corporation with respect to their development of The
Meadows 300 - Block B, Boynton Beach, Florida.
Mr. Carmen Annunziato, Planning Director for the City of Boynton
Beach has indicated that the City of Boynton Beach requires as a
condition to permitting, that each owner of a zero lot line wall
(the development consists of patio homes with zero lot line
walls) be afforded an easement across the adjoining lot owner's
property for purposes of maintenance upon the wall. I enclose a
photocopy of the proposed Declaration Of Covenants And
Restrictions For The Meadows 300 - Block B and refer you to
Article VII, Section 5 of the Declaration which grants a four (4)
foot easement for this specific purpose. Article XIII, Section I
of the Declaration provides that these covenants run with the
land and bind the property for automatically renewable periods.
I submit that the requirements of the City of Boynton Beach would
be sufficiently met by the provisions referred to herein.
please further be advised that the enclosed Declaration is in
proposed form at this juncture and shall be amended in various
particulars. However, the maintenance easement as provided for
in Article VII, Section 5 of the Declaration shall remain and the
reference in Article XIII, Section 1 in the Declaration to the
covenants to run with and bind the land is abSOlutely essential
to the development and shall not be changed.
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Page 2
July 15, 1983
James Vance, Esquire
please inform the City of Boynton Beach that their maintenance
easement concerns are indeed satisfied by my client through the
Declaration Of Covenants And Restrictions and should you
disagree, please call me in order that we may discuss same.
Your immediate attention herein is appreciated.
very truly yours,
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Jay Steven Levine
JSL/rvb
Enclosure: Block B - Declaration
CC: Mr. Lloyd Hasner
Mr. Jay Hasner
Mr. Carmen Annunziato, Planning Director
City of Boynton Beach
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DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
THE MEADOWS 300 - BLOCK B
THIS DECLARATION made this 27th day of August ,19~, by C. And H.
Properties Co" a Florida general partnership, hereinafter called Developer.
WITNESSETH:
WHEREAS, Developer is the Owner of certain real property described in Article
II hereof, commonly called "BLOCK ti"; and desires to create thereon a planned
community; and
WHEREAS, Developer desires to provide for the preservation and enhancement
of the property values, amenities and opportunities in said community and for the
maintenance of the properties and improvements thereon, and to this end desires to
subject BLOCK B to the covenants, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit of said property and each
Owner thereof; and
WHEREAS, Developer has deemed it advisable, for the efficient preservation of
the values and amenities in said community, to create an agency to which should be
delegated and assigned the powers of owning, maintaining and administering the
community properties and facilities and administering and enforcing the covenants and
restrictions and coHeeting and disbursing the assessments and charges hereinafter
created, and promoting the recreation, health, safety and welfare of the residents; and
WHEREAS, Developer has incorporated under the laws of the State of Florida
THE 300 - BLOCK B HOMEOWNERS ASSOCIA nON, INC., as a non-profit corporation
for the purpose of exercising the functions aforesaid.
NOW, THEREFORE, the Developer hereby declares that certain covenants,
restrictions, easements, charges and liens (sometimes referred to as "covenants and
restrictions"), are imposed upon BLOCK B as set forth herein.
ARTICLE I
DEFINITIONS
I, "Declaration" shaH mean the covcnants, conditions and restrictions and all
other provisions herein set forth in this entire document, as may from time to time
be amended.
2. "Association" shall mean and refer to THE 300 - BLOCK B HOMEOWNERS
ASSOCIA nON, INC., its successors and assigns.
3. "Developer" shall mean and refer to C. And H. Properties Co" a Florida
Gencral Partnership, their successors and assigns, or with any successor or assign to all
or substantially all of their interests in the development of said properties,
4. "General Plan of Development" shall mean that plan as approved by appropriate
governmental agencies which shall reprcsent the total general scheme and general uses
of land in the properties, as such may be amended from time to time subject to at
Icast thirty (0) days notice to the Association and approval of the governmental
agcncies involved,
5,
subject to
"The properties" shall mean and refer to all real property which becomes
the Declaration.
6. "Common Area" shall mean and refer to those areas of land shown on the
recorded subdivision plat of the properties and improvements thereto, which are intended
to be devoted to the common use and enjoyment of the members.
7. "Living Unit" shall mean and refer to any structure situated upon the Properties
designed and intended for use and occupancy as a residence by a single family.
8, "Owner" shall mean and refer to the record Owner, whether one or more
persons or entities, of the fee simple title to any Living Unit, but excluding those
having such interest merely as security for the performance of an obligation.
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9. "Occupant" shall mean and refer to the occupant of a Living Unit who shall
be either the Owner or a leasee.
10, "Rules and Regulations" shall be the rules and regulations and policies which
are included in this Declaration and as may be adopted by the Board of Directors from
time to time.
11. "Party Facilities" shall be those common walls, located on an imaginary line
as shown on the plat, which a Living Unit may share with the adjacent residential unit.
12. "Institutional Mortgagee" shall mean a bank, sav ings and loan association,
insurance company, union pension fund, real estate investment trust or Massachusetts
business trust, or any agency of the Un'ted States Government, or a lender generally
recognized in the community as an institutional type lender. Developer shall, in its
sole discretion, determine, in case of question, who is an Institutional Mortgagee. The
Mortgage may be placed through a mortgage or title company.
13. "Institutional Mortgage" shall mean a mortgage held by an Institutional
Mortgagee.
14. "Permitted Mortgagee" shall mean any Institutional Mortgagee as above-
identified and any other mortgagee having a valid security interest in the property.
15.,
P roper ties
term shall
"Lot" shall mean any plat
with the exception of roads
include a Living Unit.
of land shown upon any recorded plat of the
and Common Areas as heretofore defined. The
16. "Zero Lot Line Wall" shall mean that exterior wall of a Living Unit which
is constructed immediately contiguous to the sideyard perimeter line of the Lot upon
which the Living Unit is constructed.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The property subject to this D~laration shall be those lands designated as BLOCK
B on the plat of as recorded in Plat Book _, at page ,
Public Records of Palm Beach County, Florida,
ARTICLE III
MEMBERSHIP AND VOTING RlGHTS
I. Members. Every person or entity who is a record Owner of a fee or undivided
fee interest in any Living Unit which is subject by covenants of record to assessment
by the Association shall be a mandatory 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.
2. Voting Rights. Each Owner shall automatically be a member of THE 300
_ BLOCK B HOMEOWNERS ASSOCIATION, INC. by virtue of the deed of conveyance
to his Living Unit, As a member of such Association, said Owner shall be governed by
the Articles of Incorporation and the By-Laws of the Association and as a member shall
be entitled to one (J) vote for each Living Unit owned, Provided, however, the Developer
shall control the Association until such time as he has closed the sales of all the
homes located in BLOCK B or has elected to divest himself of control of the Association,
whichever shall first occur and there shall be no voting by the Owners.
Notwithstanding the prOVISIOns hereof, the Association shall have the right to
suspend any member's voting right for any period during which any assessment shall
remain unpaid for more than thirty (30) days after notice.
ARTICLE IV
COMMON AREA
I. Obligations of the Association. The Association, subject to the rights of the
Owners set forth in this Declaration, shall be responsible for the exclusive management
and control of the Common Area and shall keep the same in good, clean, attractive
and sanitary condition, order and repair. The Association shall, at its expense, maintain
or cause to be maintained, all grassed swale areas along rights-of-way, and \Vater
control devices and mechanisms titled to the Association. However, the Association
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shall not be responsible for the maintenance of the indiviudal Living Units. Maintenance
of the individual unit is the obligation of each Owner as set forth in Article VII(J)(d).
2. Members' Easement of Enjoyment, Subject to the provisions herein, every
Owner shall have a right and easement of enjoyment in and to the Common Area which
shall be appurtenant to and shall pass with the title to every Living Unit, and every
member shall have a right of enjoyment in the Common Area.
3, Extent of Members' Easements. The members' easements of enjoyment
created hereby shall be subject to the following:
(a) the right of the Association, through its Board of Directors, to regulate
the use of the Common Area by its m~mbers and to promulgate from time to time
such rules and regulations governing the use thereof as it may deem to be in the best
interests of its members. A copy of all rules and regulations established hereunder
and any amendments thereto shall be provided to all members of the Association. The
Board of Directors shaJJ be specifically empowered to enforce the rules and regulations
as provided in said rules and regulations;
(b) the right of the Association to suspend the right of an Owner to use
the Common Area for any period during which any assessment against his Living Unit
remains unpaid for more than thirty (30) days after notice; the right of the Association
to suspend the right of a member to use the said Common Area for a period not to
exceed sixty (60) days for any other infraction of this Declaration or the rules and
regulations;
(c) the right of the Association to mortgage any or all of the Common
Area for the purpose of improvements or repair to Association land or facilities pursuant
to prior written approval of the Developer, until such time as it has closed the sales of
all the homes located at BLOCK B or has elected to divest itself of control, and
thereafter, by the prior written approval of two-thirds (2/3) of the Owners.
(d) the right of the Association to dedicate or transfer all or any part of
the Common 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 approved by at least two-thirds (2/3)
of the Owners, agreeing to such dedication or transfer, has been recorded.
4. Delegation of Use. Any member may delegate his right of enjoyment to
the Common Area to the members of his family, and to his guests subject to such
general regulations as may be established from time to time by the Association, and
included within the rules and regulations.
5. Damage or Destruction of Common Area by Owner. In the event any Common
Area is damaged or destroyed by an Owner or any of his guests, tenants, licensees,
agents or member of his family, such Owner does hereby authorize the Association to
repair said damaged area; the Association shall repair said damaged area in good
workmanlike manner in conformance with the original plans and specifications of the
area involved, or as the area may have been modified or altered subsequently by the
Association in the discretion of the Association, The amount necessary for such repairs
shall become a Special Assessment upon the Living Unit of said Owner. In the event
the assessment is not paid, a lien will be imposed on said Owner's Living Unit as
prov ided here in.
6. Title to Common Area. The Developer may retain the legal title to the
Common Area or por tion thereof until such time as it has completed improvements on
the Properties, but notwithstanding any provision hereto, the Developer hereby covenants
that it shall convey the Common Area and portions thereof to the Association, free
and clear of all liens and financial encumbrances at such time as seventy percent (70%)
of the Living Units in BLOCK B have been sold to bona fide purchasers who have closed
or who are legally obligated to close. Members shall have all the right and obligations
imposed by the Declaration with respect to such Common Area.
7. Liability Insurance for Common Areas, The Association shall obtain
comprehensive general public liability and property insurance covering all of the Common
Area and insuring the Association and the members as its and their interest appear,
in such amounts and providing such coverage as the Association may determine from
time to time; however, in no event shall such coverage be in an amount less than
$1,000,000.00 per occurrence for personal injury and/or property damage. In addition,
such insurance shall contain a "severability of interest" clause or endorsement which
shall preclude the insurer from denying the claim of an Owner because of negligent
acts of the Association or other Unit Owners.
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8. The first Institutional Mortgagees of any Living Units within BLOCK B may,
jointly or severally, pay taxes or other charges which are in default and which mayor
have become a charge against any Common Area and may pay over due premiums on
hazard insurance policies, or secure new hazard insurance coverage on the lapse of a
policy, for such Common Area and first Institutional Mortgagees making such payments
shall be owed immediate reimbursment therefor from the Association.
ARTICLE V
PARTY FACILITIES
I. Party Walls. If there are common walls shared by the Living Units which
walls are located on an imaginary line as shown on the plat recorded in the Public
Records of Palm Beach County, Florida, in Plat Book _' at page _' such common
walls shall be Party Walls for the perpetual benefit of and use by the Owner, including
his heirs, assigns, successors and grantees, of each Living Units sharing the common
waUs,
2. Maintenance; Repair. In the event of damage or destruction of the Party
Walls from any cause whatsoever, other than the negligence or willful misconduct of
an Owner, the Owners shall, at their joint expense, repair and rebuild said waU(s) and
each Owner shall have the right to full use as herein contained of said waJJ(s) repaired
or rebuilt. In the event it shaU become necessary or desirable to perform maintenance
thereon the whole or any part of the Party WaUs, such expense shall be shared equally
by the Owners of adjoining Living Units or their successors in title. Whenever any
such wall or any part thereof, shaU be rebuilt, it shaU be erected in the same manner
and at the same location where it shall initiaJJy be constructed, and shall be of the
same size and of the same or similar materials and of like quality. Provided, that if
such maintenance, repair or construction is brought about solely by the neglect or the
wilful misconduct of one 0) Owner, any expense incidental thereto shall be borne solely
by such wrongdoer. If an Owner shaU refuse to pay his share, all or part of such cost
in the case of negligence or wilful misconduct, any other Owner may have such wall
repaired or reconstructed and shaU- be entitled to a lien on the Living Unit of the
Owner so failing to pay for the amount of such defaulting Owner's share of the repair
or replacement, If an Owner shaU give, or shall have given, a mortgage or mortgages
upon his unit, then the mortgagee shall have the full right at his option to exercise
the rights of his mortgage as an Owner hereunder and, in addition, the right to add to
the outstanding balance of such mortgage any amounts paid by the mortgagee for
repairs hereunder and not reimbursed to said mortgagee by the Owners. If an Owner
shaU cease to use the wall as a Party WaU, he shall be deemed to have abandoned aU
rights thereto, the wall shall become the property of the adjacent Owner who shall
have an easement upon the land under the waU so long as the wall shall be used by
him, Any Owner removing his improvements from the Party Wall or making use of
the Party Wall shaJl do so in such manner as to preserve all right of the adjacent Owner
in the wall, and shaU save the adjacent Owner harmless from aU damage caused thereby
to improvements then existing, In the event repairs or reconstructoin shall be necessary,
aU necessaary entries on the adjacent Living Unit shall not be deemed a trespass so
long as the repairs and reconstruction shall be done in a workmanlike manner, and
consent is hereby given to enter on the adjacent Living Unit to effect necessary repairs
and reconstruction.
Section 3. Windows; Structural Changes, The Owner of any Living Unit sharing
a Party Wall with the adjoining Living Unit shall not possess the right to cut windows
or other openings in the Party WaU, nor make any alterations, additions or structural
changes in the Party Wall.
4, Extent of Use, The Owner of any such Living Unit shall have the right to
the full use of said Party Walls for whatever purpose he chooses to employ subject to
the limitation that such use shaU not infringe on the rights of the Owner of an adjoining
Living Unit or his enjoyment of said waUs or in any manner impair the value of said
walls,
5. Cove~ Each common wall to be constructed on the lots as shown on
the Plat is to be and remain a Party WaU for the perpetual use and benefit of the
respective Owners thereof, their heirs, assigns, successors and grantees, said lots being
conveyed subject to this condition, and this condition shall be construed to be a covenant
running with the land,
6. Encroachment Provision, The Living Unit Owners agree that if any portion of
a Living Unit, including the Party Wall, encroaches upon another, a valid easement for
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the encroachments and maintenance of same, so long as it stands, shall and does exist,
in the event a Living Unit or units are partially or totally destroyed and then rebuilt,
the Owners of the Living Units agree that the encroachments, due to construction,
shall be permitted.
7. Mortgages. So long as there shall be a mortgage or mortgages upon any of
the Living Units shown on the plat, these provisions shall not be modified, abandoned,
or extinguished without the consent of such mortgage holders, and acquisition of one
Owner's property by any of the other Owners shall not operate to render these provisions
void, useless or extinguished, without the written approval of the holder of all mortgages
on such affected Living Units.
8. Utility Easement. There shall be an easement granted wherever necessary
to those companies furnishing utilities to BLOCK B Living Units enabling them to place
centralized meters on the exterior wall of any of the Living Units. There shall also be
an easement to those companies permitting their utility lines to run beneath each Living
Unit as needed.
ARTICLE VI
COVENANTS FOR MAINTENANCE ASSESSMENTS
I. Creation of the Lien and Personal Obligation of Assessments. Each Owner
of any Living Unit by acceptance of a deed thereof, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay the Association the
following: (I) annual general assessments or charges, and (2) special assessments for
capital improvements.
All such assessments, together with fines, penalties and levies and costs of
coHection thereof as hereinafter provided, shall be a charge on the land and shall be
a continuing lien upon the property against which each such assessment is made. Each
such assessment, together with fines, penalties and levies thereon and costs of collection
thereof, shall also be the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. This lien may be foreclosed by
the Association and enforced in the same manner as a mortgage is foreclosed or
enf orced.
2. General Assessment.
(a) Purpose of Assessment. The general assessment levied by the
Association shall be used exclusively to promote the recreation, health, safety and
welfare of the residents of the Properties and in particular for the improvement,
maintenance and operation of the Common Area including an adequate reserve fund
for maintenance, repairs and replacement of those elements of the Common Area that
must be replaced on a periodic basis.
(b) Basis for Assessment,
(J) Each Living Unit which is certified for occupancy and which
has been conveyed to an Owner shall be assesed at a rate equal to that of every other
Living Unit's assessment. For the purpose of assessment, the term "Owner" shall
exclude the Developer.
(2) To the extent that the Developer owns property which has been
certified for occupancy, such property shall not be assessed as provided above.
(c) Method of Assessment, By vote of a majority of the Directors, the
Board shall fix the annual assessment upon the basis provided above; provided, however,
that the annual assessments shall be sufficient to meet the obligations imposed by the
Declaration, The Board shall set the date(s) such assessments shaH become due;
provided, however, that in no event shall they be due more frequently than monthly.
Upon default, that is, failure to pay within thirty (30) days after due date, in the
payment of anyone or more installments, the entire balance on said assessment may
be accelerated at the option of the Board and be declared due and payable in full.
Should the Owner remain in default for sixty (60) says after due date, the Association
shall furnish, upon request, written notification to the first institutional Mortgagee of
the Owner, if any.
3. Special Assessment for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy in any assessment year a special
assessment applicable to that year and not more than the next two succet"ding years
for the purpose of defraying, in whole or in part, the cost of any construction,
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reconstruction, repair, or replacement of a capital improvement upon the Common Area
providing that any such assessment shall have the assent of the Developer and of flfty-
one percent (51%) of the votes of the Owners who are voting in person or by proxy at
a special meeting duly called for that purpose.
4. Date of Commencement of Annual Assessments. The annual assessments
provided for herein shall commence on the day of conveyance to an Owner who is not
the Developer.
5. Effect of Non a ment of Assessments: Remedies of the Association. Any
assessment not paid within thirty 30 days after the due date may upon resolution of
the Board be subject to an additional $lO.OO penalty fee. The Association may bring
an action at law against the Owner personally obligated to pay the same or forecloseure
the lien against the property. No Owner may waive or otherwise escape liability for
the assessment provided for herein by non-use of the Common Area or abandonment of
his Living Unit.
6, Subordination of the Lien to Mortgages. The lien of the assessments provided
for herein shall be subordinate to the lien of any institutional Mortgage. When the
mortgagee of a first mortgage of record or other purchaser of a Living Unit obtains
title to the unit as a result of foreclosure of the first mortgage, such acquirer of title,
his successors and assigns, shall not be liable for any delinquent assessments due the
Association pertaining to such Living Unit or chargeable to the former Owner of such
dwelling which became due prior to acquisition of title as a result of foreclosure until
said unit is either sold or leased by the first mortgage holder. Such unpaid assessments
shall be deemed to be a common assessment collectible from all of the Owners including
such acquirer, his successors and assigns.
7. Exempt Property. The following property subject to this Declaration shaIl
be exempted from the assessments, charge and lien created herein: OJ all properties
to the ex tent of any easement or other interest therein dedicated and accepted by the
local public authority and devoted to public use; (2) all Common Area; (3) all properties
exempted from taxation by state or local governments upon the terms and to the extent
of such legal exemption. Notwithstanding any provision herein, no land or improvements
devoted to dwelling use shall be exempt from said assessments, charges, or liens.
8. Annual Budget. By a majority vote of the Directors, the Board shaIl adopt
an annual budget for the subsequent fiscal year, which shall provide for allocation of
expenses in such a manner that the obligations imposed by the Declaration will be met.
ARTICLE VII
USE OF PROPERTY
I. Protective Covenants.
(a) F-esidential Use. The Properties shall be used for zero lot line type,
single family residence purposes only. Nothing herein shall be deemed to prevent the
Owner from leasing a Living Unit to a single family, subject to all of the provisions of
the Declaration,
(b) Nuisances. No nuisance shall be permitted to exist or operate upon
any property so as to be detrimental to any other property in the vicinity thereof or to
its Occupants.
(c) Re~!.riction ~_n F,:,rther Subdivision. No Living Unit shall be further
subdivided or separated by any Owner, and no portion less than all of any such Living
Unit, nor any easement or other interest herein, shall be conveyed or transferred by
an Owner, provided that this shall not prohibit dpeds of correction, deeds to resolve
boundary disputes, and similar corrective instruments.
(d) Other Restrictions,
OJ No Owner shall in any way deface or change the color of the
exterior of his living Unit, Exterior walls and roof are to be maintained by each Owner
in quality condition as determined by the Association, at all times, Failure to maintain
the Living Unit in such manner will result in a thirty (JO) days notice to the Owner
from the Association setting forth the items to be corrected, In the event the
corrections are not made within the thirty (30) day period, the Association may contract
to have such work performed and the Owner will be charged for the invoices delivered
by such contractors together with any reasonable costs to the Association. Normal
maintenance of the roof of the Living Units sharing Party Walls such as cleaning, re-
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coating or re-painting, shall be done uniformly and at the same time for the entire roof
of the building. The expense of such maintenance shall be borne equally by the Owners
of the adjoining Living Units. In the event of damage or destruction which is confined
to the roof area wholly within the dimensions of one Living Unit, the repair or
replacement shall be at the expense of the said Living Unit Owner. If damage or
destruction of adjacent roof areas is caused by trhe negligence or wilful misconduct
by anyone Owner, such negligent Owner shall bear the entire cost of repair or
replacement. It shall be at the sole discretion of the Board of Directors to determine
whether an Owner has been negligent in the maintenance of the exterior walls and roof
of his unit; what proportion of the repair or replacement expenses an Owner shall bear
and when repair or replacement shall be necessary. If any Owner shall neglect or
refuse to pay his assessed share, or all of the cost in the case of negligence or wilful
misconduct, any other affected Owner may have such roof repaired or replaced and
shall be entitled to a lien on the Living Unit of the Owner so failing to pay in the
amount of the defaulting Owner's share of the repair or replacement cost. If an Owner
shall give, or shall have given a mortgage or mortgages upon his property, then the
mortgagee shall have the right at his option to exercise the rights of his mortgagor
and make any necessary repairs and in addition, he shall have the right to add to the
outstanding balance of such mortgage any amounts paid by the mortgagee for the
repairs and not reimbursed to said mortgagee by the Owners. The Association shall
have the right to file a lien for non-payment of such charges in which event the Owner
shaH be responsible for reasonable attorneys' fees and costs.
(2) The following set of restrictions and regulations shall be adhered to
by each Owner, lessee, their houseguests or visitors:
(a) No Owner, lessee, their guests or visitors shall make or permit
any disturbance that will interfere with the rights, comforts, or conveniences of others.
(b) Trash shall be placed in receptacles. For sanitary reasons, all
trash, except newspapers, shall be in plastic bags and tied securely before being placed
in trash receptacles, In no event shall trash be placed outside of the trash receptacles.
(c) On any -~-sale of a Living Unit, the buyer and seller shall
comply with the provisions of Article XI of this Declaration.
(d) No clothes or similar articles shall be hung on balconies or
outdoors for any purposes whatsoever.
(e) There shall be no assembling or disassembling of motor vehicles
except for ordinary maintenance as the changing of a tire, battery, etc. within the
confines of BLOCK B.
(f) Trucks, vans, motorcycles, boats, trailers, motor homes, buses,
and other such vehicles shall not be allowed to park overnight on areas within the
confines of BLOCK B. All motor vehicles must be maintained as to not create an
eyesore in the community. If, upon receipt of notice from the Association, an offending
Owner does not remove the vehicle from BLOCK B property, the Association shall have
the right to have the vehicle towed away at the Owner's expense. In the event that
the Owner refuses to pay such costs, the Association may, at it's option, impose a lien
on said Owner's property in the amount of the costs involved in having the vehicle
towed away, or file the appropriate legal proceedings to recover all sums expended
from the Owner, together with all fees and costs incurred in maintaining such action.
(g) Parents, lessees, as well as Owners shall be held responsible
by the Association for all property damage to Common Areas,
(h) In addition to the forl"going, all Owners and lessees of Living
Units in BLOCK B shall abide by the Declaration of Covenants and Restrictions for
THE MEADOWS 300 - BLOCK B and the Articles of Incorporation, and By-Laws of
THE 300 - BLOCK B HOMEOWNERS ASSOCIATION, INC. as well as additional Rules
and Regulations as they are adopted from time to time by the Board of Directors.
2, Utility Easements. There is hereby created a blanket easement upon, across,
over, through, and under the Properties for ingress, egress, installation, replacement,
repair and maintenance of all utility and service lines and systems, including, but not
limited to water, sewers, gas, telephone, electricity, television, cable or commmunication
lines and systems. By virtue of this easement it shall be expressly permissible for the
Developer or the providing utilty or service company to install and maintain f;lCilities
and equipment on said Property, to excavate for such purposes and to affix and maintain
wires, circuits, and conduits on, in and under the roofs and exterior walls of said living
Units providing such company restores disturbed areas to the condition in which they
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were found. Notwithstanding anything to the contrary contained in this paragraph, no
sewers, electrical lines, water lines, or other utility service lines or facilities for such
utilities may be installed or relocated on said Properties except as programmed and
approved by the Developer. This esement shall in no way affect any other recorded
easements on said Properties. This easement shall be limited to improvements as
originally constructed.
J. Roof OverhanR. In some areas, the roof of a Living Unit may overhang the
Common Area, lot lines, other roofs, or entranceways within Block B. The Developer
specifically reserves on behalf of itself, the Common Area and all Living Units, an
encroachment easement for any such roof overhang for the benefit of the Owner of
any such Living Unit. Additionally, in those cases where one roof overhangs another
roof, there is reserved a drainage easement from the overhanging roof onto the adjoining
roof and lot. It shall be the responsibility of the Association and the Living Unit for
whose benefit this easement has been created to insure that the drainage flow through
any gutters, down spouts, and pipes to the positive Common Area drainage system
remains open and free.
4. Maintenance of Zero Lot Line Walls. Maintenance of the Zero Lot Line
Wall (where such wall is not a Party Wall) shall be the obligation of the Owner of the
Zero Lot Line Wall. The Owner shall have an easement over the adjoining Lot, as set
forth in Paragraph 5 herein, in order to maintain said Zero Lot Line Wall. In no event
shall any Owner cut a window or any opening in the Zero Lot Line Wall. Nor shall
any Owner make any structural changes in the Zero Lot Line Wall, including, but not
limited to, change of paint color, without the express written approval of the Association.
In the event the Board of Directors of the Association shall determine that the Zero
Lot Line Wall has been damaged by the adjacent Lot Owner, that Owner shall be
responsible for repairing such damage ,in a timely manner and in accordance with the
standards established by the Board, In the event such repair is not so accomplished
by said adjacent Owner, within thirty (30) days, unless extended by the Board of
Directors, the Association shall have the right at reasonable times to enter the adjacent
Lot to effect such repair, and the cost thereof shall be charged to the adjacent Lot
Owner, and if not paid in a timely manner, shall become a lien on such adjacent Lot.
5. Maintenance Easement. Developer hereby grants to each Lot Owner with a
Zero Lot Line Wall, which wall is not a Party Wall, a maintenance easement over the
Lot adjoining the Owner's Zero Lot Line Wall for the maintenance of said Zero Lot
Line Wall. The easement shall be four (4) feet in width and shall be immesJiateIy
contiguous to the Zero Lot Line Wall. Nothing shall be placed within the easement
area which would block access to the easement area. The Lot Owner in whose favor
the easement exists shall have the right to enter upon the easement area in order to
perform work relating to the maintenance of the Zero Lot Line Wall.
6. Rules and ReRulations. The Board of Directors may, from time to time,
adopt or amend previously adopted rules and regulations concerning the details of the
operation, use, maintenance, management and control of the association property, the
Common Area, and the individual Living Units, The Owners shall at all times obey
said rules and regulations. Violation of these rules and regulations may subject the
violators to any and all remedies available to the Association including fines, injunction
or other legal actions and the Association shall be entitled to recover in said actions
any and all court costs incurred by it, together with reasonable attorneys' fees. The
Association is further empowered to lien against any Owner and to proceed in the
execution of foreclosure, for any and all unpaid fines or assessments resulting from
the violation of any of the Association's rules and regulations. All unpaid fines and
assessments shall bear interest at the rate of 10% per annum starting with the eleventh
day after it has been levied and all payments made on account shall first be applied
to interest,
ARTICLE VJII
COMMON PROPERTY REAL ESTATE TAXES
The Association shall be billed annually by the Palm Beach County Tax Collector's
office for the real estate tax on the property owned by the Association. Each Owner
shall be responsible for an equal share of that tax. The Association shall bill each
Owner for his equal share of the total bill. The bill from the Association must be
paid within thirty (30) days from its date. If it is not paid within thirty (30) days, it
shall' be subject to an additional $10.00 penalty fee. The Association shall have the
right to pay the Owner's share of the tax and to file a lien aginst the Living Unit of
such Owner who shall fail to make the required payment. Said lien shall also secure
reasonable attorneys' fees incurred by the Association incident to the collection of the
bill or enforcement of the lien,
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ARTICLE IX
PROPERTY AND CASUALTY INSURANCE
The Association shall obtain bodily injury, property damage, and personal injury
insurance in such amounts and providing such coverage as the Board of Directors of
the Association may determine from time to time insuring the Common Area. The
Association shall also obtain casualty insurance insuring any personal property owned
by the Association in and for the interest of the Association, in a company acceptable
to the standards of the Board of Directors in an amount equal to the maximum insurance
replacement value, as determined from time to time by the Board of Directors.
Owners of Living Units within the Properties shall obtain fire and extended
coverage insurance to the full replacement value of the Living Unit and liability
insurance. Following any fire or other casualty, the Owner shall be obligated to clear
the property of all debris and rebuild within a reasonable time.
ARTICLE X
MORTGAGEE'S RIGHT OF ACCESS
All mortgagees of Owners shall specifically have a complete right of access to
all of the Common Area for the purpose of ingress and egress to any and all Living
Units upon which they have a mortgage loan.
ARTICLE XI
CONVEY ANCES
In order to assure a community of congenial residents and thus protect the value
of the Living Units and to further the continuous development of BLOCK B community,
the sale or lease of Living Units shall be subject to the following provisions:
(I) The Living Unit Owner shall notify the Association in writing of his intention
to either sell or lease his unit and furnish with such notification a copy of the contract
for sale or lease, whichever is applicable.
(2) Upon receipt of the aforementioned, the Association shall without delay issue
a Certificate indicating the Association's approval of the transaction. In the event of
a sale it shall then be the responsibility of the purchaser of the Living Unit to furnish
the Assodation with a recorded copy of the deed of conveyance indicating that Owners'
mailing address for all future maintenance bills and other correspondence from the
Association. Provided, however, prior to the issuance by the Association of a Certificate
indicating the Assodation's approval of the transaction, the new purchaser shall be
required to execute a copy of the rules and regulations which he agrees to abide by.
The Association shall then retain one signed copy in the Association's records, and
furnish one copy to the new purchaser.
(3) It is not the intention of this Article to grant to the Assodation a right
of approval or disapproval of purchasers or lessees. It is, however, the intent of this
paragraph to impose an affirmative duty on the Living Unit Owners to keep the
Association fully advised of any changes in occupancy or Ownership for the purposes
of facilitating the management of the Association's membership records. As this Article
is a portion of the Declaration of Covenants which run with the land, any transaction
which is conducted without compliance with this Article may be voidable,
AR TICLE XII
PROPERTY OWNERS ASSOCIATION
I. Membership. Every Owner of a Living unit within BLOCK B shall become
a member of THE 300 PROPERTY OWNERS ASSOCIATION, INC. (Property Owners
Association), a Florida corporation not for profit, and shall be entitled to all incidentals
of membership in said Property Owners Association, and Owner and his Living Unit
shall be burdened by all obligations and responsibilities of membership in the Property
Owners Association, in accordance with THE MEADOWS 300 Declaration of Covenants
and Restrictions recorded in Official Record Book , Pages through , of
Palm Beach County, Florida. In addition, Owners shall be subject to the assessment
powers 01 the Property Owners Association,
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ARTICLE XIII
GENERAL PROVISIONS
I. Duration. This Declaration of Covenants and Restrictions and any duly
adopted and recorded amendment shall run with and bind the Property for a period of
twenty-one years from the date of this instrument, at which time said Declaration, as
it may be amended, shall automatically be renewed for successive periods of ten years
each mless 75% of the Owners of the Property subject to this Declaration agree to
terminate this Declaration and record an instrument in writing signed by such owners
indicating such agreement in the public records of Palm Beach County, Florida, at any
time within a six month period of time prior to the end of any such ten year renewal
date. In the event there is any inconsis.ency between this provision and any provisions
contained in this Declaration regarding amendment of same, the procedures contained
in this provision with regard to termination of this Declaration shall control over the
procedures contained in any amendment provisions herein.
2. Amendment. This Declaration may be amended at any time by an instrument
signed by the Developer and by the majority of the Board of Directors of the Association,
until such time as the Developer has closed the sales of all of the homes located in
BLOCK B and thereafter, this Declaration may be amended by an instrument signed
by not less than 51% of theOwners. However, any amendment which would affect the
lien, security or value of security of any Institutional first Mortgagee, for the saleability
of a first mortgage on the secondary market shall require the joinder and consent of
the Institutional Mortgagee. Any amendment must be recorded.
3. Enforcement. The Association, any Owner or the Developer shall have the
right to enforce, by any proceedings at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the provisions
of this Declaration and of supplementary Declarations. Failure to enforce any covenant
or restriction herein contained shall in no event be deemed a waiver of the right to do
so therefter.
4. Severability.
judgment or court order
full force and effect.
Invalidation fo anyone of these covenants or restrictions by
shall in on ay affect any other provision which shall remain in
5, Limitations. So long as the Developer is in control of the Association and
is pursuing the development of BLOCK B, the Association may take no action whatsoever
in opposition to the development plan of BLOCK B or to any changes proposed thereto
by the Deve loper.
IN WITNESS WHEREOF, we have set our hands and seals this 27th day of
AlJglJst , 198L,.
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C. AND
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Inc'" ,~.eneral Partner
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ST A TE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this 27th day of August ,1981, before me an
officer duly authorized in the State and County aforesaid to takeacknowledments,
personally appeared STANI FY FRANK5... as President of HIGHLAND
MEADOWS, INC., general partner, and acknowledged before me that he executed the
fon..going instrument on behalf of the corporation for the purposes therein expressed.
WITNESS my signature and official seal at West Palm Beach
County of Palm Beach, State of Florida, the day and year aforesaid.
, in the
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Notary Public, State of Florida at Large
My commission expires: J>;t-z'1 /03
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THE 300 - BLOCK B HOMEOWNERS
ASSOCIA nON, INC.
Witnesses:
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PRESIDENT
ST A TE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this 27th day of August , 19~, before me an
officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared CHARLES GENTILE as President of THE 300 - BLOCK B
HOMEOWNERS ASSOCIA nON, INC., and acknowledged before me that he executed
the foregoing instrument on behalf of the corporation for the purposes therein expressed.
WITNESS my signature and official seal at West Palm Beach
County of Palm Beach, State of Florida, the day and year aforesaid.
, in the
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Notary Public, State of Florida at Large
My commission expires: .1'/.2-;1 /cJ'..3
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