hoa package - grand oaks estates...johns county, florida, known as grand oaks estates. section 2....

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By-LawsBY-LAWS OF THE GRAND OAKS ESTATES HOMEOWNERS ASSOCIATION, INC.

ARTICLE I - TITLE In accordance with the Articles of Incorporation hereby filed with the Florida Department of State, Division of Corporations, the name of this non-profit corporation shall be: GRAND OAKS ESTATES HOMEOWNERS ASSOCIATION, INC. The “Association” shall mean and refer to the GRAND OAKS ESTATES HOMEOWNERS ASSOCIATION, INC., its successors and assigns.

ARTICLE II – PURPOSE AND POWERSSection 1. In accordance with the Articles of Incorporation, the

specific primary purposes for the association as formed are to provide for maintenance, preservation, and architectural control of the residential lots and common areas within a certain subdivided tract of real property in St. Johns County, Florida, known as Grand Oaks Estates.

Section 2. The Association shall have the power to:A. perform all of the duties and obligations of the association as set

forth in the Declaration of Covenants, Conditions and Restrictions Grand Oaks Estates Subdivision, Public Records of St Johns County, Fl. O.R. 1487 Pgs. 1924-1939.

B. affix, levy, and collect all charges and assessments pursuant to the terms of the declaration, and enforce payment thereof by any lawful means; and pay all expenses incident to the conduct of the business of the association, including all licenses, taxes, or governmental charges levied or imposed on the property of the Association.

C. acquire (by gift, purchase, or otherwise), own, hold, improve, build on, operate, maintain, convey, sell, lease, transfer, dedicate to public use, or otherwise dispose of real and personal property including boat slips, in connection with affairs of the association.

D. borrow money and, subject to the consent by vote or written instrument of three quarters (3/4) of each class of members, mortgage, pledge, convey by deed or trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred. The maximum amount borrowed may not exceed $10,000.

E. dedicate, sell or transfer all or any part of the common areas to any municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed on by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds of each class of members, agreeing to such dedication, sale, or transfer.

F. have and exercise any and all powers, rights, and privileges that a corporation organized under Chapter 617 of the Florida Statutes by law may now or hereafter have or exercise.

G. grant use of boat slips associated with the dock servicing the Grand Oaks Estates community by assignment of a Certificate of

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Use of a Boat Slip. As such, the Association is solely responsible for assignments of Certificate of Use of a Boat Slip.

The association is organized and shall be operated exclusively for the aforementioned purposes.

Section 3. The Association shall be bound by the State of Florida Statutes regarding Homeowners Associations as outlined in CHAPTER 720 HOMEOWNERS ASSOCIATIONS.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

ARTICLE III – MEMBERSHIPSection 1. 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 assessments by the association, including contract sellers, but excluding persons holding title merely as security for performance of an obligation, shall be a Member of the Association.

Section 2. Membership shall be appurtenant to and may not be separated from the ownership of a lot which is subjected to an assessment by the Association.

Section 3. Only the owners of residential lots in Grand Oaks Estates shall be deemed Members.

ARTICLE IV - OFFICERS & BOARD OF DIRECTORSSection 1. The number of officers of the Association is three (3). The

officers of the Association shall consist of the following: President; Treasurer and Secretary.

Section 2. All of the above elected officers shall constitute the Board of Directors and shall act as the governing body of the Association with full power to conduct business.

Section 3. If a vacancy should occur, temporary or permanent in an elected office, the remaining officers shall fill the vacancy by temporary or permanent appointment. A Director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of his predecessor in office and thereafter until his successor shall have been elected or appointed, and qualified.

Section 4. The Board of Directors shall have the power to:A. call meetings of the Members.B. establish, levy and assess, and collect the annual and special

assessments necessary to operate the Association and carry on its activities, and to create reserves as may be deemed appropriate by the Board.

C. appoint committees, adopt and publish rules and regulations governing the use of the Common Areas, or any portion thereof and the personal conduct of the Members and their guest’s theron.

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D. approve all expenditures of the Association funds necessary to operate on a daily basis. Any capital expenditure expense over $1,000 shall be approved by three quarters (3/4) of the Members.

E. authorize and cause the Association to enter into contracts for the day-to-day operation of the Association and the discharge of its responsibilities and obligations.

F. cause the financial records of the Association to be compiled, reviewed, or audited by an independent certified public accountant as such periodic intervals as the Board may determine at its sole discretion.

Section 5. Two (2) directors shall constitute a quorum to conductbusiness at any meeting of the Board of Directors.

Section 6. No Director shall be paid a salary or be compensated assuch for service rendered, with the exception that, by resolution of the Board of Directors, reimbursement may be offered for any reasonable expenses incurred on behalf of the Association.

Section 7. The Association may indemnify every Director or officer,their heir, executors and administrators, against any expenses reasonably incurred by them in connection with any action, suit or proceeding, whether filed in Florida other state or the Courts of the United States, to which they may be made a party by reason of their being or having been a Director or Officer of the Association, except in relation to matters as to which they shall be finally adjudged in such action, suit or proceeding to be liable for negligence or misconduct. Indemnification shall be provided only inconnection with such matters as to which the Association is advised by counsel that the person to be indemnified did not commit such a breach of duty, and shall not be exclusive of other rights to which they may be entitled.

Section 8. The Board of Directors shall meet on call of the President, or, in case or absence of the President, the Treasurer of the Association.

Section 9. Any meeting of the Board of Directors shall be held in the sunshine. The President shall call meetings of the Board of Directors as necessary to conduct Association business and shall act as Chairman of the Board of Directors. A notice shall be given to all members of any meeting held within thirty (30) days of the meeting. A list of all items on the agenda for discussion shall be included in the notice of the meeting. Any member or interested party may attend the meeting.

ARTICLE V - NOMINATION OF OFFICERS Section 1. Nominations for officers of the Grand Oaks Estates

Homeowners Association Inc., shall be made by a nominating committee as appointed by the President of the Association. Additional nominations may be made from the floor at the annual meeting.

Section 2. Any member in Good Standing may nominate an individual for officer from the floor at the annual meeting.

ARTICLE VI - DUTIES OF OFFICERS

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Section 1. The President shall preside at all regular and special meetings, shall serve as the Chairman of the Board of Directors, shall direct all approved activities and shall represent Grand Oaks Estates Homeowners Association Inc. on all occasions whenever necessary. The President shall be empowered to appoint committees and committee members as necessary, with the approval of two thirds (2/3) of the Board of Directors. The President shall be an exofficio member of all committees. The President shall file the Annual Report for Non-Profit Corporations annually with the State of Florida by the deadline as notified by the State of Florida, Division of Corporations. An officer shall sign the necessary documents at closings when a Certificate of Use of a Boat Slip is sold, transferred or assigned in the presence of a notary.

Section 2. The Treasurer shall act as presiding officer during the absence or inability of the President, act as Chairman of the Board of Directors in the President's absence, and represent the Association whenever called upon. The Treasurer shall receive all finances of the Association, bank all funds, pay all accrued bills, including utility bills for the common areas, as approved by the Board of Directors, account for all property of the Association and perform such other duties as may be required. The Treasurer shall submit an annual budget for the year and a list of the income and expenditures from the previous year at the annual meeting. The Treasurer shall mail all members of the Association a letter stating the amount of the assessment due from each member no later than fifteen (15) days after the annual budget is passed. The Treasurer shall make sure that the required Federal tax forms for the Association are prepared annually. The Treasurer shall sign the required forms and send the forms to the IRS annually by March 15th. The Treasurer shall prepare the annual report of the submerged lease with the State of Florida, Department of Environmental Protection, Division of State Lands and pay the annual lease fee. The following forms must be submitted as part of the report: Wet Slip Information Form; Gross Income Reporting Form and Certification Form.

Section 3. The Secretary shall keep a permanent record of the proceedings of all meetings, keep an official roster of the membership and perform such other duties as may be required. The Secretary shall keep a record of all boat slip assignments including a copy of all active Certificate of Use of a Boat Slip and the original certificate for any slip that has been retired due to selling of a slip on the community dock. The Secretary shall prepare the minutes of the annual meeting and submit such minutes to each member within thirty (30) days of the annual meeting. Each member shall be responsible for registering and keeping current his/her address and telephone number with the Secretary. Members are encouraged to register a current email address with the Secretary.

ARTICLE VII - ELECTIONS OF OFFICERSSection 1. All officers shall be elected and installed at the annual

meeting, no later than February 1st of each year. The term office shall be for two years or until their successors are elected. The term of office shall begin at the close of the Annual Meeting. Officer’s terms are not term limited.

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Section 2. The office of President and Secretary shall be elected during even calendar years. The office of Treasurer shall be elected during odd calendar years.

Section 3. All officers shall be elected by at least a two-thirds (2/3) majority vote of the members. Voting shall occur at the annual meeting.

Section 4. All members in Good Standing shall be eligible to vote at any and all elections. Votes by proxy are allowable as described in Article VIII, Section 3.

Section 6. Upon installation of the Officers at the annual meeting, all documents, records and any materials pertaining to the duties of the office as designated in the by-laws which are in possession of the outgoing officers shall be submitted to their newly-elected counterpart within fifteen (15) days of the installation.

ARTICLE VIII - VOTINGSection I. The association shall have one class of voting members.

All owners shall be entitled to one vote for each lot owned. When more than one person holds interest in any lot, all such members shall be members. The vote for such lot shall be exercised as such member may determine among themselves, but in no event shall more than one vote be cast with respect to any lot owned by more than one person.

Section 2. It shall be necessary to have a minimum of twenty-five (25%) percent of the voting membership present at any meeting to constitute a quorum.

Section 3. Any member in good standing may appoint, in writing, another member of the Association to act as proxy in voting in his/her stead if the member is unable to attend the annual meeting. The proxy must be received by an Officer prior to the date of the annual meeting. All proxy votes shall be included at the time the vote is taken and the ballots are counted at the annual meeting. No proxy shall be in force and in effect for any longer than one meeting following its date of issue.

ARTICLE IX – FINANCESection 1. The activities of the association shall be financed by

assessments on members as provided in Article IV of the Declaration of Covenants, Condition and Restrictions Grand Oaks Estates Subdivision.

Section 2. Additional financing of the Association may be derived from donations, gratuities, and other such sources as may be legally accepted and approved by the Board of Directors.

Section 3. No part of any net earnings shall inure to the benefit of any member.

ARTICLE X – ASSESSMENTS and BudgetSection 1. Assessments

A. Each lot owner shall be assessed an assessment annually as described herein.

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B. The amount of the annual assessment shall be reviewed at the annual meeting. The amount of the annual assessment shall be approved by three-quarters (3/4) of the members. .

C. Assessments shall be due and payable to theTreasurer by March 15th annually.

D. Any assessment not paid within fifteen (15 days) after the due date shall be deemed in default and shall bear interest.

E. Special Assessments may be made in accordanceWith Article IV Assessments, Sections 4, 5 and 6 of the Declaration of Covenants, Conditions and Restrictions Grand Oaks Estates Subdivision.

Section 2 Budget A. All funds of the Association shall be deposited in a

Bank approved by the Board of Directors. All checks shall be deposited and signed by the Treasurer.B. The Treasurer and one (1) additional officer should sign any check in excess of $1000.C. The annual budget shall be reviewed at the annual meeting. The budget must be approved by three quarters (3/4) of the members of the Association.

ARTICLE XI - MEETINGSSection 1. This Association shall hold a regular meeting once

a year, at such time and place as shall be determined by the Board of Directors. The meeting shall be held no later than January 31st of each year. A thirty (30) day written notice shall be given to all members, notifying them of the time, date and location of the annual meeting.

Section 2. A special meeting may be called by the President or a majority of the board of Directors, or by petition of twenty-five (25%) percent of the members in Good Standing. A seven (7) day written notice shall be given to all members of any proposed special meeting.

Section 3. The conduct of all meetings shall be according to Robert's Rules of Order.

ARTICLE XII - COMMITTEES Section 1. The President of the Association may appoint any special committee necessary to conduct additional business in interest of the Association. Committee members shall be chosen from the Association membership. The President shall ask for volunteers to serve on any committee. See Article VI regarding approval of committees by the Board of Directors. Committee members will serve until a member resigns or is dismissed by a decision of two thirds (2/3) of the Board of Directors. Such dismissal shall be for due cause as determined by the Board of Directors. Section 2. The Architectural Control Committee (ACC) shall be a standing committee consisting of the President and two (2) members as defined in Article III.

Section 3. The Architectural Control Committee shall review building plans and has authority for final approval of such plans. The approval or disapproval of the ACC as required in Article II of the Declaration of Covenants, Condition and Restrictions Grand Oaks Estates Subdivision shall

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be in writing. Written approval or disapproval must be signed by a majority of the ACC members and mailed or delivered to the applicant’s last known address within thirty (30) days of receipt of the building plans. In case of disapproval, the ACC shall include a statement of the reasons for disapproval and shall indicate in a general way the kind of plans and specifications, which the committee will approve for the subject property.

Section 4. The Architectural Control Committee will investigate any violations of the Declaration of Covenants, Condition and Restrictions Grand Oaks Estates Subdivision and make recommendations to the Board of Directors.

Article XIII DOCK AND BOAT SLIPSSection 1. The Association acts as the Lessee with the State of

Florida, Department of Environmental Protection, Division of State Lands for the Sovereignty Submerged Land Lease for the dock. As the submerged land lessee the Association is required to report annually to the Division of State Lands all income derived directly or indirectly from the lease area, to report the type of wet slips and to certify that all information provided is correct. This includes any income collected by the Association or someone else. Section 2. Rules and Regulation for use of the common property of the dock.

A. Fires: No open fires shall be permitted on any finger pier or common property of the dock and no charcoal, starting fluids or similarly used substances shall be used or stored in any common property of the dock.

B. Fish Cleaning: Cleaning of fish or other marine life shall not be permitted on the finger piers or on the common property of the dock.

�� Refuse and Waste: Garbage, refuse, trash and rubbish shall be carried off finger piers or the common property of the dock immediately.

D. Members of the Grand Oaks Estates Subdivision and their guests, after using the dock, should immediately remove all their property from the dock and clean up any mess.

E. Pets: All pets brought onto the dock shall be leashed and shall be attended at all times. Pet owners are responsible for cleaning up after their pets

Section 3. A Certificate of Use of a Boat Slip (see appendix A) may only be sold, transferred or assigned to another lot or home owner in the Grand Oaks Estates subdivision by the Association since the Association has the submerged lease on the dock.

Section 4. A Certificate of Use of a Boat slip may only be owned or possessed by lot owners of Grand Oaks Estates subdivision. Section 5. The Board of Directors, upon the sale/transfer of a Certificate of Use of a Boat Slip to another lot owner in Grand Oaks Estates subdivision or sale of property/lot to which a Certificate of Use of a boat slip is assigned, will provide the new owner with a Certificate of Use of a Boat Slip which outlines the rules and regulation for use the boat slip, the slip number, and a description of the location of the slip on the dock. As part of the transfer of ownership, the Certificate of Use of a Boat Slip must be signed

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by the Assigning buyer and the President of the Association in the presence of a notary at closing.

Section 6. The rules and regulations associated with the boat slip or the use of the dock and its facilities are controlled by the Association, pursuant to the roles and regulations established by it and as may from time to time be amended, altered, and/or changed. However, in no event may the alteration to the rules and regulations allow for the use of said slips for income or commercial purposes, nor shall they allow for the use of pump-out facilities, electric services, live-on-board facilities or any other change to the rules and regulation which would be a violation of any laws, rules, or regulations whether federal, state or municipality.

Section 7. Selling a Certificate of Use of a Boat SlipA. When a Certificate of Use of a Boat Slip is sold to another lot owner in

Grand Oaks Estates, the value of the Certificate of Use of the Boat Slip must be at fair market value as determined by the State of Florida Department of Environmental Protection

B. When a Certificate of Use of a Boat Slip is purchased as part of the sale of a property on which the seller has either a house on the lot or the lot is vacant, the seller shall provide the Association with a written appraisal stating the enhanced value of the property attributed to having use of a boat slip included with said property.

C. When an owner of a Certificate of Use of a Boat Slip desires to sell the certificate, an Officer of the Association will contact the State of Florida Department of Environmental Protection Department of Revenue in advance of the closing giving the proposed amount of the sales price of the certificate to ensure that it is at fair market value as determined by the State of Florida before the certificate is transferred to the buyer.

D. In any case, The seller of the Certificate of Use of a Boat Slip must submit a certified check, payable to Grand Oaks Estates Homeowners Association, an amount equal to 6% of the written appraisal but not less than 10% of the sale amount of said vacant lot or an amount equal to the enhanced value of the lot due to having use of a boat slip attached to the property if a house is on the lot. The check shall be paid to the Association at the time of closing on the property/lot. Note: Effective July 1, 2012 the State of Florida changed the requirements for reporting income on sovereignty submerged land leases. The new requirement states “A lessee whose upland property is entitled to a homestead exemption is not required to remit 6% of the income derived from the sale or transfer of fee simple or beneficial ownership of private residential property”. Section 8. Holders of a Certificate of Use of a Boat Slip may not

transfer said certificate to another lot owner in the Grand Oaks Estates subdivision. Only the Board of Directors of the Association may transfer a Certificate of Use of a Boat Slip to another lot owner in the Grand Oaks Estates subdivision.

Section 9. When a Certificate of Use of a Boat Slip is sold, a Release of Rights Under Certificate of Use of a Boat Slip form (see Appendix B) will be filled out and signed by the President of the Homeowners’ Association and the seller in the presence of a Notary Public.

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Section 10. The Contract for Sale and Purchase or Transfer of a Certificate of Use of a Boat Slip form (see Appendix C) is to be used when both the seller and buyer own a lot in Grand Oaks Estates subdivision and the Certificate of Use of a Boat Slip is being purchased from the seller by the buyer.

Section 11. Rules and regulations for use of a boat slip.A. The boat slip may not be utilized as an income-producing source

and may only be used for the mooring of private recreational vessels.

B. The boat slip may be only utilized by an owner of property in Grand Oaks Estates subdivision.

C. That any boat moored in the boat slip may not be utilized for live-on-board facilities, including on an overnight basis, nor may the same be rented, leased or used for any income or commercial purposes of any form or nature.

D. That any boat moored may not have in conjunction therewith any pump-out facilities of any form or nature whether owned by the Association or the boat owner and no electric service, other than that provided by the Association, may be constructed, extended or provided to said slip for the utilization of any individual boat nor shall the construction of such facilities be authorized.

E. Storms/Hurricanes: During hurricanes and other high velocity wind threats owners are responsible for following all safety precautions that may be issued or recommended by the National Hurricane Center, National Weather Service, U.S. Coast Guard, the Association or any other applicable agency. Each owner shall be responsible for any damage caused to other boats. If an owner’s boat sinks, the owner must remove the sunken boat from the boat slip immediately. If the owner does not remove the boat within 72 hours after the sinking, the Association may remove the boat at the owner’s expense.

F. Boat owners shall be required to follow all applicable federal, state and local authorities and permits governing the boat slip construction, development and operation.

G. Slip Boundary: Each boat must fit within the boundaries of its slip, including all bowsprits, booms, pulpits and other projections and overhangs or other equipment. No vessels greater than 44 feet in length in the two outside slips and 32 feet in length in the two interior slips are permitted.

H. Noise: Boat owners shall operate engines, generators, radios and television sets so as not to create a nuisance or disturbance. Owners of sailboats are required to tie off halyards so they do not slap.

I. Maintenance Work Within Slips: painting, scraping or repair of gear shall not be permitted on the docks or finger piers. Minor boat maintenance that is permitted shall be done in a manner so as to minimize any disturbance to others and the extent of maintenance or repair shall be in accordance with these rules.

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J. Fish Cleaning: Cleaning of fish or other marine life shall not be permitted in the boat slips or on the common property of the dock.

K. Refuse and Waste: Garbage, refuse, trash, and rubbish shall be carried off the boat slips and common property of the dock immediately and not left in a boat slip storage box.

L. Cleanliness: Outdoor clotheslines or similar devices shall not be installed in or about any boat slip or upon any boat. Boat topsides shall be kept in shipshape condition.

M. Fires: No open fires shall be permitted on any boat, boat slip or common property of the dock and no charcoal, starting fluids or similarly used substances shall be used or stored in any common property of the dock or boat slip.

N. Pets: All pets brought onto the dock shall be leashed, when not in a boat, and shall be attended at all times. Pet owners are responsible for cleaning up after their pets.

O. Walkways/Storage: The pathway to the dock, dock, finger piers and like portions of the Association dock shall not be obstructed at any time. Hoses, mooring lines and electrical lines shall not cross piers or walkways. Carts, tables, marine equipment and any other objects shall not be stored anywhere in the area, except on boats.

P. Water: All water hoses must have shut-off spray nozzles.Q. Loss: Owners shall be solely responsible for any loss or damage

to their private property used or stored at the Association dock.R. Signs: No signs, advertisements, or notices of any kind shall be

displayed on any boat slip, boat or on any of the common property of the dock. A list of Certificates for Use of a boat slip for sale may only be maintained by the Board of Directors of the Association.

S. That this assignment may be assigned to other owners of the Association in the manner noted below.

T. That any attempted assignment of this document to any individual who is not an owner in Grand Oaks Estates Subdivision shall be void.

U. That any attempt to assign this document while any outstanding assessments are due by the homeowner to the Association for any purpose shall be void.

V. That the rules and regulations associated with the boat slip or the use of the dock and its facilities are controlled by the Grand Oaks Estates Homeowners Association, Inc., pursuant to the rules and regulations established by it and as may from time to time be amended, altered, and/or changed. However, in no event may the alteration to the rules and regulations allow for the use of said slip for income or commercial purposes, nor shall they allow use of pump-out facilities, electric services, live-on-board facilities or any other changes to the rules and regulations which would be a violation of any laws, rules, or regulations whether federal, state, or municipality.

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W. That the assignee agrees to pay all special assessments levied by the board of directors of Grand Oaks Estates Homeowners Association, Inc. as the same relates to boat slip owners.

X. That the assignment of this document to any person shall be noticed to Association.

Section 12. The Association is required to pay the State of Florida 6% of the income generated on the lease area. Income is generated on the sale of the Certificate of Use of a Boat Slip to another lot owner in Grand Oaks Estates or the sale of a lot/property to which a boat slip is assigned. The Treasurer of the Association as part of the annual report of the submerged lease with the State of Florida, Department of Environmental Protection, Division of State Lands will mail a check to the State of Florida.

ARTICLE XIV – GENERAL LIABILITY INSURANCESection 1. Liability insurance insuring the Association against any and all liabilities to the public, to any owner, or to the invitees or tenants of any owner existing out of their occupation and or use of the common areas shall be paid for out of the funds derived from annual assessments. The policy limits shall be set by the members of the Association and shall be reviewed at least annually and increased or decreased at the discretion of the members. Any change in the amount of the policy limits shall be approved by three quarters (3/4) of the members.

Section 2. A standard fidelity bond covering all members of the Board of Directors of the Association and all other employees of the Association shall be paid out of the funds derived from the annual assessments. The amount is to be determined by the Board of Directors. Section 3. Workman’s compensation insurance to the extent necessary to comply with applicable law, and other insurance deemed necessary by the Board of Directors of the Association shall be paid out of the funds derived from the annual assessments. The amount is to be determined by the Board of Directors.

ARTICLE XV – AMENDMENTS TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

Any amendment to the Declaration of Covenants, Conditions and Restrictions Grand Oaks Estates Subdivision requires a vote of the Members of the Association. Said amendments must be provided to all members of the Association in writing thirty (30) days prior to the date of the meeting at which the proposed amendment will be voted upon. The amendment must be approved by at least three fourths (3/4) of the Members. Upon passing, any amendment must be notarized and signed by the officers of the Association and recorded by the Clerk of Courts, St Johns County.

ARTICLE XVI - AMENDMENTS These By-Laws may be altered, amended or rescinded by submitting a copy of said proposed amendment to any member of the Board of Directors for consideration within forty five (45) days of the Board’s next meeting. Once

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submitted to the Board of Directors, a written notice and a copy of the proposed amendment shall be provided to each member of the Association at least thirty (30) days prior to the meeting. Each member shall be given the opportunity to discuss the proposed amendment when presented at the meeting. The amendment must be approved by at least three fourths (3/4) of the Members. The amendment shall be effective on the date of passage by the members and no amendment need be recorded in the public records of St Johns County, Florida.

Adopted July 5, 2012Updated February 6, 2013

Recorded, Clerk of Court St. Johns County August 16, 2012

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APPENDIX A

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BOAT SLIP NUMBER _____Comes now Grand Oaks Estates Homeowners Association Inc., a non-profit corporation organized under the laws of the State of Florida, and would show as follows:

• Whereas, the association is the governing body of that certain subdivision know as Grand Oaks Estates pursuant to plat recorded on the 27th day of December, 1999, in the public records of St. Johns County, Florida, in Map Book 38, page 8: and

• Whereas, a certain Declaration of Covenants, Conditions, and Restrictions for Grand Oaks Estates Subdivision has been recorded in OR Book 1487, page 1924, of the public records of St Johns County, Florida; and

• Whereas, the Association does hereby wish to assign use of the boat slip ____ to an owner in the Grand Oaks Estates community,

• Therefore, for and in consideration of valuable consideration the Association does herby assign to _________________________ the use of boat slip number _____ for the uses and purposes spelled out herein

. RULES AND REGULATION FOR USE OF A BOAT SLIP

1. The boat slip may not be utilized as an income-producing source and may only be used for the mooring of private recreational vessels.

2. The boat slip may be only utilized by an owner of property in Grand Oaks Estates subdivision.3. That any boat moored in the boat slip may not be utilized for live-on-board facilities, including on an overnight basis, nor

may the same be rented, leased or used for any income or commercial purposes of any form or nature.

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4. That any boat moored may not have in conjunction therewith any pump-out facilities of any form or nature whether owned by the Association or the boat owner and no electric service, other than that provided by the Association, may be constructed, extended or provided to said slip for the utilization of any individual boat nor shall the construction of such facilities be authorized.

5. Storms/Hurricanes: During hurricanes and other high velocity wind threats owners are responsible for following all safety precautions that may be issued or recommended by the National Hurricane Center, National Weather Service, U.S. Coast Guard, the Association or any other applicable agency. Each owner shall be responsible for any damage caused to other boats. If an owner’s boat sinks, the owner must remove the sunken boat from the boat slip immediately. If the owner does not remove the boat within 72 hours after the sinking, the Association may remove the boat at the owner’s expense.

6. Boat owners shall be required to follow all applicable federal, state and local authorities and permits governing the boat slip construction, development and operation.

7. Slip Boundary: Each boat must fit within the boundaries of its slip, including all bowsprits, booms, pulpits and other projections and overhangs or other equipment. No vessels greater than 44 feet in length in the two outside slips and 32 feet in length in the two interior slips are permitted.

8. Noise: Boat owners shall operate engines, generators, radios and television sets so as not to create a nuisance or disturbance. Owners of sailboats are required to tie off halyards so they do not slap.

9. Maintenance Work Within Slips: painting, scraping or repair of gear shall not be permitted on the docks or finger piers. Minor boat maintenance that is permitted shall be done in a manner so as to minimize any disturbance to others and the extent of maintenance or repair shall be in accordance with these rules.

10. Fish Cleaning: Cleaning of fish or other marine life shall not be permitted in the boat slips or on the common property of the dock.

11. Refuse and Waste: Garbage, refuse, trash, and rubbish shall be carried off the boat slips and common property of the dock immediately and not left in a boat slip storage box.

12. Cleanliness: Outdoor clotheslines or similar devices shall not be installed in or about any boat slip or upon any boat. Boat topsides shall be kept in shipshape condition.

13. Fires: No open fires shall be permitted on any boat, boat slip or common property of the dock and no charcoal, starting fluids or similarly used substances shall be used or stored in any common property of the dock or boat slip.

14. Pets: All pets brought onto the dock shall be leashed, when not in a boat, and shall be attended at all times. Pet owners are responsible for cleaning up after their pets.

15. Walkways/Storage: The pathway to the dock, dock, finger piers and like portions of the Association dock shall not be obstructed at any time. Hoses, mooring lines and electrical lines shall not cross piers or walkways. Carts, tables, marine equipment and any other objects shall not be stored anywhere in the area, except on boats.

16. Water: All water hoses must have shut-off spray nozzles.17. Loss: Owners shall be solely responsible for any loss or damage to their private property used or stored at the Association

dock.18. Signs: No signs, advertisements, or notices of any kind shall be displayed on any boat slip, boat or on any of the common

property of the dock. A list of Certificate for Use of a boat slip for sale may only be maintained by the Board of Directors of the Association.

19. This assignment may be assigned to other owners of the Association in the manner noted below.20. That any attempted assignment of this document to any individual who is not an owner in Grand Oaks Estates Subdivision

shall be void.21. That any attempt to assign this document while any outstanding assessments are due by the homeowner to the Association

for any purpose shall be void.22. That the rules and regulations associated with the boat slip or the use of the dock and its facilities are controlled by the

Grand Oaks Estates Homeowners Association, Inc., pursuant to the rules and regulations established by it and as may from time to time be amended, altered, and/or changed. However, in no event may the alteration to the rules and regulations allow for the use of said slip for income or commercial purposes, nor shall they allow use of pump-out facilities, electric services, live-on-board facilities or any other changes to the rules and regulations which would be a violation of any laws, rules, or regulations whether federal, state, or municipality.

23. That the assignee agrees to pay all special assessments levied by the board of directors of Grand Oaks Estates Homeowners Association, Inc. as the same relates to boat slip owners.

24. That the assignment of this document to any person shall be noticed to the Association ,

Revised July 5, 2012

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By signing below, the buyer(s) acknowledges to agree by the rules and regulations for use of boat slip _____ as outlined in the Certificate of Use of a Boat Slip.

• Slip 1 being the southern most, exterior slip• Slip 2 being the southern most, interior slip• Slip 3 being the northern most, interior slip • Slip 4 being the northern most, exterior slip

_______________________________________________ __________________ Officer, Grand Oaks Estates Homeowners Association Date

_______________________________________________

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_______________________________________________ ___________________Buyer(s) Date

_______________________________________________ ___________________Witness Date

_______________________________________________ ___________________Witness Date

State of Florida

County of ____________________________

I HEREBY CERTIFY that on this _____ day of _______________________, before me personally appeared ______________________________________________________________

who is ( ) personally known to me or ( ) produced __________________________________ _____as identification and who executed the foregoing instrument.

_______________________________________________NOTARY PUBLIC

APPENDIX B

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RELEASE OF RIGHTS UNDER CERTIFICATE OF USE OF A BOAT SLIP

For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned warrants and represents that certain Certificiate of Use of a Boat Slip No. _____ as assigned by _____________________________________________to _________________________________________________________________________ is hereby RELEASED, and hereby directs the Grand Oaks Estates Homeowners’ Association, Inc. to cancel the same of record.

IN WITNESS WHEREFORE, the above signed has caused these presents to be duly executed this _____ day of _________________.

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_______________________________________________ Officer, Grand Oaks Estates Homeowners Association

_______________________________________________

_______________________________________________ ___________________Sellers(s) Date

_______________________________________________ ___________________Witness Date

_______________________________________________ ___________________Witness Date

State of Florida

County of ____________________________



_______________________________________________ NOTARY PUBLIC

APPENDIX C

Note: This form is to be used when both the seller and buyer own a lot in Grand Oaks Estates subdivision and the Certificate of Use of a Boat Slip is being purchased from the seller by the buyer.

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CONTRACT FOR SALE AND PURCHASE OR TRANSFER OF A CERTIFICATE OF USE OF A BOAT SLIP

Comes now ___________________________, hereinafter referred to as “Seller” and ___________________________, hereinafter referred to as “Buyer”, and would show as follows:

WHEREAS, the Seller is a lot owner in Grand Oaks Estates Subdivision; and WHEREAS, the Grand Oaks Estates Homeowners Association, Inc. owns a submerged lease of a dock with four boat slips with the State ofFlorida, Department of Environmental Protection, Division of State Lands; and WHEREAS, the Seller holds a Certificate of Use for the boat slip, a true and correct copy which is attached hereto; and WHEREAS, the Buyer wishes to purchase the Certificate of Use for a Boat Slip; THEREFOR, for and in consideration of the premises the parties do hereby agree as follows:1. The Seller shall sell and the Buyer shall buy a Certificate of Use for boat slip number ______ as

indicated in the description below:a. Slip 1 being the southern most, exterior slipb. Slip 2 being the southern most, interior slipc. Slip 3 being the northern most, interior slip

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d. Slip 4 being the northern most, exterior slip2. The Seller represents that he/she has full authority and power to convey such certificate.3. The for the purchase price for the payment of use of said boat slip shall be $________________.4. That the Seller, upon the Buyer obtaining title to a lot in Grand Oaks Estates subdivision and

payment of the purchase price called for in this contract, requests that the President of the Grand Oaks Estates Homeowners’ Association, transfers to the Buyer that certain Certificate of Use of a Boat Slip, a copy of which is attached hereto.

5. That the Buyer acknowledges that the use of such boat slip be subject to all the conditions and reservations of the Certificate of Use of a Boat Slip and is subject to all rules and regulations of the Grand Oaks Estates Homeowners Association, Inc. as more particularly described in the Declaration of Covenants, Conditions and Restrictions as recorded in OR Book 1487, Pages 1924 through 1939, of the public records of St. Johns County, Florida, and as contained in the by-laws of the Grand Oaks Estates Homeowners Association, Inc.

___________________________________________________ ___________________ Officer, Grand Oaks Estates Homeowners Association Date

_______________________________________________

_______________________________________________ ___________________Sellers(s) Date

_______________________________________________ ___________________Buyer(s) Date

State of Florida County of ____________________________



_______________________________________________ NOTARY PUBLIC

.

Section 7. Each year the Association shall report to the State of Florida, Department of Environmental Protection, Division of State Lands all income derived directly or indirectly from the Sovereignty Submerged Lands Lease area, the number and types of wet slips and to certify that all information provided is correct. This includes reporting any income collected by Grand Oaks Estates Homeowner’s Association. The following forms must be submitted annually: Wet Slip Information Form; Gross Income Reporting Form; and a Certification Form. These forms shall be submitted annually to the State of Florida along with the annual lease fee by the Treasurer of the Association. The Gross Income Reporting Form is for reporting direct and indirect income that has been generated within the lease boundary during the timeframe specified. This is required under the terms of the Sovereignty Submerged Lands Lease the association has with the State of Florida under subsection 18-21.011(1)(a)2 Florida Administrative Code. Income from the lease is defined in Rule 18-21.003, Florida Administrative Code. Gross revenue shall include all future payments made for the transfer of interest in a slip originally obtained from the Board’s lessee, namely the owner of the boat slip on the dock served by the association. The Association is required by the State of Florida to pay 6% of the income generated on the lease area when a boat slip is sold to another lot owner in Grand Oaks Estates. The seller of such boat slip shall be required to provide the Association a written appraised value of such slip if the boat slip is purchased by the owner of a lot in Grand Oaks Estates. If the boat slip is purchased as part of the sale of a property/lot in which the seller has ownership of the boat slip, the seller shall provide the Association with a written appraisal noting the enhanced value of the property/lot attributed to having a boat slip included with said property/lot. The seller of the boat slip must submit a certified check, paid to Grand Oaks Estates Homeowner’s Association, an amount equal to 6% of the written appraisal but not less than 10% of the sale amount of said vacant lot or value of just the lot if a house is on the lot. This check shall be paid at the time of closing on the property/lot.

The Florida Statute pertaining to reporting income from the sale of a boat slip is below. In this case the lessee is the Grand Oaks Homeowner’s Association. The sublessee is the owner of the boat slip. The Board of Trustees is the Board of Directors of the Association.

New Requirements for Reporting IncomeAS LESSEE, IF YOU ARE INVOLVED IN ANY TRANSACTION* AUTHORIZING THE USE OF STATE-OWNED SUBMERGED LAND THAT IS WITHIN YOUR LEASE AND THAT GENERATES INCOME EITHER DIRECTLY OR INDIRECTLY, YOU MUSTO REPORT ALL TRANSACTIONS TO THE BOARD OF TRUSTEES,O REMIT 6% OF THE TOTAL INCOME TO THE BOARD OF TRUSTEES IF IT EXCEEDS THE BASE FEE, ANDO HAVE A CLAUSE IN THE LEASE CLEARLY STATING THESE REQUIREMENTS.

Amended Article VI Boat Slip Assignments and Assessments

AS LESSEE, IF YOU HAVE A SUBLESSEE THAT IS INVOLVED IN ANY TRANSACTION* AUTHORIZING THE USE OF STATE-OWNED SUBMERGED LAND THAT IS WITHIN YOUR LEASE AND THAT GENERATES INCOME EITHER DIRECTLY OR INDIRECTLY:O THE SUBLESSEE MUST REPORT THE TRANSACTION TO YOU SO THAT YOU CAN REPORT THE TRANSACTION TO THE BOARD OF TRUSTEES,O THE SUBLESSEE MUST REMIT PAYMENT OF 6% OF THE TRANSACTION AMOUNT TO YOU SO THAT YOU CAN REMIT PAYMENT TO THE BOARD OF TRUSTEES, ANDO THE SUBLESSEE MUST HAVE A CLAUSE IN THEIR SUBLEASE, CONTRACT, LICENSE AGREEMENT, ETC. THAT CLEARLY STATING THESE REQUIREMENTS.* ANY TRANSACTION INCLUDES ANY TRANSFER OF SLIPS THROUGH SALES, SUBLEASES, LICENSES, CLUB MEMBERSHIPS, ETC http://www.dep.state.fl.us/lands/files/links/06_rule.pdf


Sample letter to lot owner upon selling a boat slip.

It is my understanding that an offer is pending on the sale of your (boat slip to the owner of lot __ in Grand oaks Estates) (lot __ ) of which you are the owner. I wanted to give you a heads up by informing you of certain items that pertain to the seller when a lot in Grand Oaks Estates is sold.

Below please find the Florida Statute regarding the statue from the State of Florida regarding requirements for Reporting Income if you are involved in any transaction from the use of State-Owned submerged land that is within your lease that generates income either directly or indirectly. In this case the lessee is the Grand Oaks Homeowner's Association and the Board of Trustees is the Board of Directors of the Association. As an owner of a boat slip on the dock owned by the association you are a sublessee as mentioned in the enclosed document. This document was mailed to you by our treasurer last year as part of the letter regarding the 20__ annual assessment for all lot owners.

According to the Office of Submerged Lands the Homeowner's Association needs to know the (appraised value of such slip if the boat slip is purchased by the owner of a lot in Grand Oaks Estates) (amount the lot was enhanced due to the fact the a boat slip is included in the sale of the lot). The State of Florida will then collect 6% of that value. The process that occurs is at closing the seller of the (boat slip) (lot with a boat slip) must write a certified check to the Homeowner's Association for said 6%. The Association will then pay this amount to the State of Florida.

In order to protect the interest of the Homeowner's Association two things must be submitted at the time of closing. One is a written document from the appraisal of the property as part of the closing documents which delineates the dollar amount the lot was enhanced due to the fact the a boat slip is included in the sale of the lot. The second item is a certified check written to "Grand Oaks Estates Homeowner's Association for 6% of the amount.

The Association must also report to the closing agent if the Homeowner's Associations annual dues are current before the lot can be sold.

Please direct your closing agent to the requirements above as they will be needed before the Board of Directors will sign off on the closing of the lot.


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