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. Palmetto Pihes Home Owners Association ·

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Declaration of Deed Restrictions ~ I

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Rules and Regulations •,

By-La\vs

Reviseci F eb1·uary 2009

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Dear lion1eowner:

On February 24, 2009, the Board of Directors approved an a1nendment to the By-Laws of Pal111etto Pines. The amendment has been recorded with Palrn Beach County and was filed in . . Official Record Book 11t11nber 23121, page 1372 throt1gh 1384. . . .

.In order to keep all homeowners aware of the existing Deed .Restrictions, Rules and Reguiations and By-La\.v~, ihc Board has authorized the distribution of this l>ooklei to all · ho1neow11crs. • • • • •

We have also enclosed a Transfer sheet for your co11venier1ce if you should sell your hotne. Please send the Transfer Sheet to the Management office so \Ve 1nay properly update ot1r records.

If you l1ave a11y questions, please feel free to contact the l\1anagement Company.

1'hank you.

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DECLARAl' ION OF RESTRICTIONS FOR

HOVSONS OF FLORIDA, INC.

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HOVSONS OF FLORIDA, INC., a Florida corporation, the owner of all of the land located in Palm Beach County, Florida, and as shown on Exhibit Sheet A attached hereto and made a part hereof, which land is to be platted into several subdivisions, each to be called "Holiday City at Boca Raton," with a different numerical designation for each subdivision, does hereby

' make, declare and impose upon all lots located in said subdivisions, the f"l'"'"'i,..,n ro5f,..jct1'ons anrf ~"\/On!lntc· V IVVVll I~ I V• tit t IV '-''"' \f V I II"""' 1~"1 •

1. DEFINI'flON OF TERMS: •

A. "Association" means HOLIDAY CITY AT BOCA RATON HOMEOWNERS' ASSOCIATION, INC., a Florida corporation, its successors or assigns, of any or all of its rights under this Declaration of Restrictions.

B. "Subdivider" means HOVSONS OF FLORIDA, INC., a Florida corporation, its successors or assigns, of any or all of its rights under this Declaration of Restrictions.

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C. "Owner" or "Owners" means the owner or owners of all lots in these subdivisions, their heirs, successors, legal representatives, or

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D. "Subdivision" refers to the various HOLIDAY CITY AT BOCA RA TON subdivisions as they are recorded in the Public Records of Palm Beach County, Florida.

2. NOTICE TO SUBDIVIDER. Notice to the "Subdivider" or requests for approval of plans, specifications and location of buildings or signs shall be in writing and delivered or mailed to the Subdivider at its principal place of business, which is presently Palmetto Park Road, Route 441, Boca Raton, Florida 33428

3. NOTICE TO OWNER. Notice to any "Owner" of a violation of any of these restrictions shall be in writing and shall be delivered or mailed to the Owner at the address

shown on the Tax Rolls of Palm Beach County, Florida, or if not shown thereon, to the address of the Owner, as shown on the Deed as recorded in the Public Records of Palm Beach County, Florida.

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4. UTII .. lTY EASEMENTS. There are hereby reserved for tl1e pt1rpose of installing and i11aint<ii11ing mu11icipal and pt1blic t1tility facilities and for sucl1 other pt1r1,oses incident to the developme11t of the property those easements shown ttpon the recorded Plat of this Subdivision, and there is also hereby reserved easements and rights of way for constrttcting anchor gLtys for electric and telephone poles, as shown on the recorded Plat of tl1is sub­

division.

5. NO SUBDIVISION.

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None of the lots in tl1is SLtbdivision st1all be divided nor sold except as a

whole, withot1t tl1e written approval of the Subdivider. In, no eve11t shall any lot have a frontage of Jess than 70 feet at the building setback li11e.

6. NON-LIABILITY OF SUBDIVIDER. The St1bdivider herein shall not in ar1y way or 111a11ner be held liable or responsible for any violation of these restrictions by ar1y person other tl1an itself.

7. RE1\1EDIES FOR VIOLATIONS. Violations or any breach of a11y restrictio11 or cove11a11t herein co11tair1ec.l by

a11y Owner, sl1all give tl1e Subdivider ir1 ad(fition to all other remedies, -

the right to proceed at law or in equity to co1npel a compliance with the ter111s of said restrictions or covena11ts, a11d to prevent tl1e violations or breach of any of the1n. In addition to the foregoing, the Subdivider sl1all have the rigl1t, wf1el1ever there sl1all have been bt1ilt ctny structure which is i11 violatior1 of these restrictions, to enter upon tl1e property where sucl1 violations of these

restrictio11s exist, and summarily abate removal of tl1e violation, and st1ch shall not be dee1ned a trespass. A11y delay by the St1bdivider in enforcing any of the restrictio11s or covenants herein co11tained, no matter how lo11g conti11ued, sl1a ll 11ot constitt1te a wai vcr of any of the restrictions or covenants J1erein contained, nor a waiver of its right to enforce them.

8. RESTRICTlONS ARE COVENANrfS RUNNIN(; WITH TI-IE LAND.

The restrictio11s a11d cove11a11ts co11tai11ed l1erei11 sl1all run with the lar1d and shall inure to tl1e ber1efit of and be e11forc;eable by the Subdivider.

9. 1.NVALIDA1'ION CLAUSE. rnvalidation of any of these covenants or restrictions by a court of com­

petent jurisdiction shall not affect any of the other covenants or restrictions herein set forth, which shall remain in full force and effect,

10. USE RESTRlCTION. . .

Lots may only be used for single-family residences. No business build-ings may be erected on any lot and no business may be conducted on any part thereof, nor shall any building on any portion thereof be used or maintained. as a professional office. ..

Ii. SiGr;s. . No ·sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not . more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period, except that no sign of any kind may be placed in a vacant lot before January 1, 1972.

12. PLANS, SPECIFICATIONS AND LOCATIONS OF BUILDINGS. No building or structure of any kind, including additions, alterations,

pools, fences, walls, patios, terraces or barbeque pits shall be erected or altered until the plans and specifications, location and plot 'plan therefore, in detail and to scale, shall have been submitted to and ap­proved by the Subdivider in writing before any construction· has begun. Roofs of all residences shall have a minimum pitch of 21/2:12 feet and shall be of flat or barrel tile, slate or copper or a steppeq Bermuda type, as defined by common usage in Palm Beach County, or poured lightweight aggregate concrete material, except that a flat roof may be used over porches, Florida rooms, or walkways, but in no event shall the flat roof area comprise over 40°/o of the total roof area. In the event that some new attractive material for roofing surfaces is discovered or invented, the Subdivider may, in its discretion, approve the use of such new material.

Telephone connections from the residences to the main cables supplied by the Telephone Company must be installed underground, at the Owner's expense. Each Owner is responsible for complying with all of the covenants contained herein and shall notify any and all persons and lessees who may be using the Owner's premises of these restrictions and covenants. Refusal of approval of plans and specifications, loca·

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ri<>n a11d I)lot l)la11, by the SLtl)di\1ic.ier, n1ay l)c basec.i on any grc>Un(i, i11-cluding purel)' asthetic grounds, in the sole and absolute discretion of the Subdivider for a maxi111um period of three (3) years.

The minin1um floor area of eacl1 single family dwelling sl1a11 be tl1c sqLtare footage as set forth in tl1e Palm Beach Coltnt)' Zoning Code. The rnethocl of deter111.ining floor area shall be as stated it1 Paragraph 14. 'The SL1bdi\1ider may appoint an architectural control committee composed of three (3) members. The majority of this comrnittee may designate a

member to act for it. In the event of death or resignation of any me1nber of the committee, tl1e Subdivider shaJJ have the full authority to designate a successor. Neither tl1e men1bers of the comnuttee nor the designated r~presentatives shall be entitled to any com1Jensation for .services

• performed pursL1ant to this covenant. At any time after January 1, 1985, the then. recorded owners of fl majority of the lots sl1aU have the power, tl1roL1gl1 a dul)' .recortied written instrL1ment, to cl1ange the membership of the committee or restore it to at1}' of its powers and duties. This committee shall act for the St1bdivider for approval of IJ1a11s, specificatio11s arid location of buildir1gs.

13. SETBACK ll.EQUIREMENTS. All residences shall have minimum setback requireme11ts as set forth .it1 the

· Plam Beach County .Zoning Code. Variatio11s of set back lines· for cor11er lots a11d odd-shaped lots may be authorized by the Subdivider at the time \Vl1en plans for the bl1ilding are apprc)ved all c)f v;1hich shall be in l{eeping with the Palm B~ach County Zo11ing Code .

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14. SIZE OF BUil.1DING. Any bt1ilding constructed as a single family dwelling tnust contain tl1e mirlimum square footage as set ft)rtl1 in tl1e Palm Beach County Zorling Code. The method of determining square foo t area of proposed buildings and strt1ctures or atiditions and enlarge111ents thereto shall be to multiply the outsitie horizontal dimensior1s of the building or strl1cture at each floor level. Garages, porches, patios and terraces shall not l)e taken int<> accc>u11t in calcL1lating tl1e 1ninin1um sqt1are foot area required.

15. GARAGES. No garage sl1all l)e erectecl \.vl1ich is separate from the 111ain buiJding, an<l 110 t1nenclosed storage area sl1all be erected.

16. NO TEMPORARY BUILDING. No tents a11d no ten1porary or accessory builc.1i11g or structure shall be erected without the \vritten consent of the Sul)divider,

17. CLOTHES DRYING AREA. No outdoc)r clc>tl1es clrying area sl1all be allc.>\.ved except in the rear yard., and sl1ali be screened from view. 1\ny clothes lines utilized shot1ld be of tl1c removable umbrella type only.

18. GARBAGE CONTAINERS. AJl garbage or trash containers, oil tanks and bottled gas tanks ffillSt be underground or placed in walled-in areas o~ screened so that they shall not be visible from the adjoirling properties, except on tl1ose days scheduled for pick Ltp by tl1e Sanitatic>n Department, .

19. FENCES. ()nly wired \VOven fer1ces may be placed fro1n tl1e rear of the main resi­dential \Vall to the rear area of the property and are not to be over five (5) feet in height. Any questions as to height shall be determined by the St1bdivider.

20. I.AWNS AND LANDSCAPING. All lawns in the front of the property shall extend to the pavement line of the street. No gravel cJr blacktop or pavec.l parking strips are to be allo\veci except as approved on the plot plan of the plans and specifications. The o~rner shall be responsible for the caring and 1naintcr1ance of the grass S\vale area from the sidewalk to the edge of t}1e street.

21. MAINTENANCE OF PREMISES. No \veeds, underbrush or o ther unsightly gro\vths shall be permitted to grow or remain upon any lot, and no refuse pile or unsightly objects sl1all be allowed to be placec.i or suffered to remain an1rwhere thereon. In the C\'ent that any Owner shall fail or refuse to keep his premises free of ~reeds, tinderbrush or refuse piles or other u11sightly gro\vtl1s or objects, then the Sul)<.li\ricler may enter ttp<)11 said lands and remove tl1e same at the expense of the (Jwncr, and such entry shall not be deemed a trespass.

22. NUISA.NCES. N<>thing shall be d<Jne '''hicl1 may be or n1a;' become an an11oyancc <)r r1ttisance t<) the neighborhe.>oc1. No cattle, horses, swine, goats, poLt.ltry

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c>r jowl shall be kept. in the event of any' question as to ·\\rhat may be or may becotne a .nL1isance, such question shall be decic..ied by the Su~) ­

divider a11d its decision shall be fmal.

23. TRUCKS, BOATS AND TRAILERS. No trucks, campers, boats, trailers <)r mobile passenger trailers shall be

permittecl to be parked for a period of more than four hours on or near a11y lot urliess the same is prese11t and necessary in the actual con~tructic)n or repair of buildings on the property or for deliveries to tl1e property. No trucks, cam1)ers, boats, trailers <)r mol)ile passenger trailers shall be parked overnight on or near the property unless located with the confines of the garage, witl1 the garage door closed.

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24. WATER WELLS. · No O\vner shall be permitted to install or use any ground water wells, unless used for tl1e ex1Jress and sole purpose of filling and refilling at1)' swimming pool located \Vithin the subdivisior1.

25. WATERWAYS AND CANALS.

Tl1e Ass()cintion has been formed prin1arily for the purpose of being re- · sponsible for the maintena11ce a11d upkeep of tl1e waterways a11d canals located in the Subdivision \vl1ich are· hereby dedicated in perpetuity to the Associatio11 to insure they will continue to enhance tl1e appearance of tl1e Subdivision and to serve a functional pt1rpose, for the draining of the lands and roads witl1in the Subdi\risic)n a11d for the c>peratior1 . c>f the control stt:ucture. In addition, 11either the configuration nor the storage volume of said waterwa)'S and canals can be altered or cha11ged i11 any manner. Each O wner shall be liable for and shall promptly pa)' to the Association initial dues in the arnout1t of Two Dollars ($2.00) per montl1 per lot owned. If any Owner fails to make payment within thirty (30) days of being notified, a lie11 on t11e 0\vner's land shall arise which lien shall l)e e11forceable in the 1nanner provided by the la\vs of Florida and all court costs ar1cl attornC)''s fees incurred in the cc)llection of si.:tcl1 liens sl1alt be paid by tl1e O\vner. lf the costs involved in cart)1ing out the provisions c}f this l)aragraph exceed rl1e amc)ur1t stated above, then each Owner shall l)e responsible for 11is i)ro-rata share to be cfividec.1 equall)r an1or1g eacl1 lot O\.v11er, The members of the Association l1ereb)' acknovvledge tl1at even tl1ough t11e \Vater\Va)'S and Canals located \:vithi11 the Subdivisio11 \vhich ha\1c been deciicated t(> the Assc>ciation, are pri\'ate, they l\ercb~1

gra11r to J)alr11 }3each (=C)LlOt)' ti1e rigl1 t t<) dt:ait1 a t1)' excess storm drait1age i11t<> saitl Car1aJs a11tl \Xlater\vays.

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Third An1entled & [{estated Dy-Laws of Paln1e1to Pines Hon1eo\vner's Association, Inc. Page 1

TI-1IRD AMENDED AND RESTATED

BY-LAWS OF PALMETTO PINES HOMEOWNERS . .

ASSOCIATION, INC.

. The pri11cipal office of the corporation shall be in Palm Beacl1 County, State of Florida.

The Corporation may also have offices at such other places within or without this state as board may from ti!ne to time deter111ine <>r tl1e business of the corporation 1nay require. All refere11ces ·to the "Sub-Divider" in these By-Laws, the Declaration of-Restrictio11s tor lfovsons of Florida, Inc., the Rules a11d Regulations for the Palmetto Pines community a11d other governing documents, sl1all, \Vhen context appropriate, refer to "Pahnetto Pines Ho1neo·w11er's Association, Inc." TJ1e narne of the governing association s}1all be "Palmetto Pi11es Iio1neowner's Association, Inc."

AR1'ICLE II - PURPOSES

The corporation does 11ot contemplate pecuniary gain or profit direct or indirect to its 1nemhers. The purposes for which it is formed are:

Generally, without li1nitatio11, to pron1ote the 11ealth, a safety and welfare of the . residents within tl1e various sections which have been platted as "Holiqay City at Boca Raton" Subdivisions, and without lirniting tl1e foregoing, to pursue the following:

I. Own, acquire, OJJerate a11d rnaintain street lights, recreation parks, water\.vays, canals, includi11g buildings, structures, water elevation control structures, a11d personal proi)erties incident thereto herei11after referred to as ''the co1n111on prop~rties and facilities";

2. Maintain lands, trees and otl1er landscaping 011 the co1n1non properties;

3. f'ix assess111ents (a11d/or charges) to be levied against the lots;

4. Enforce the governing docu111e11ts of the Associatio11, including any and all covenants, restrictions and agreements applicalJle to the r>roperties;

5. I1ay taxes, if any, on the co111n1on properties and facilities;

6. Insofar as pe1111itle(i by law to do any other thing that in the opinion of the Board of Directors will pro111ote the cornn1011 benefit and enjoyment of the residents of the con11no11 properties.

ARl' ICLE III - MEiv1BERSI llP I.

QUALIFICATIONS FOil MEMBERSIIIP

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Thir<l Atnended & Restated By-La\vS of Pal111euo Pines Ho1neowner's Association, Inc. Page 2

Every person or entity wl10 is a record owner of a fee or u11divided fee interest in any lot wl1icl1 is subject by covenants of record to assessment by the Association shall be n1en1ber of tl1e Association, provided that any such person or entity who ho leis such interest merely as a security for the perfonnance of an obligation shall not be a metnber.

2. MEMBERSHIP MEETINGS

The annual 1nen1bership 1neeting of the corporation sha11 be l1eld on a date chosen by the Board of Directors. The date shall be no sooner than eleve11 ( 11) n1onths si11ce the last scheduled an11ual meeting and no later than thirteen (13) 1no11ths since the last schedul~d n1eeting. The secretary shall cat1se to be mailed to every mernber at his address as it appears on the 1ne1nbership roll book o.f the corporation a notice stating the ti1ne a11d place of the annual meeting.

Regular n1eetings of the corporation sl1all be held in accordance with the By-Laws and Articles of Incorporation of Paln1etto Pines Homeowne1Js Association, Inc .

Tl1e JJresence at any 1nernbership 1r1eeti11g of owners of not less than fifty percent (50%) plus 011e (l) of the Lots shall co.nstitute a quorum and shall be r1ecessary to conduct the business of the corporation; however, a lesser 11u1nber .-nay adjourn the 1neeting for a period of not 111ore than 90 days from the date scl1eduled by the by-laws and the secretary shall cause a notice of the rescheduled date of the n1eeti11g to be sent to the mernbership. A quoru1n as. herein before set forth shall be required at a11y adjourned meeting. ·

A n1e1nbership roll showing the list ·of 1nembers as of the record date, certified by the secretary of tl1e corporation, shall be produced at any i11eeting of n1embers UJ)OJ1 the request tl1erefore of any men1ber who has given \vritten notice to the corporation that such

· request will be 1nade at least ten days prior to such rneeting. All persons appeari11g on such rrie1nbership roll shall be entitled to vote at the rneeting except that tl1ere shall be allowed only one vote per lot.

The Board of Directors may suspend the voti11g rights of any rnember in the event that sucl1 1ne1nber is 1nore than 11inety (90) days delinquent in the payment of ariy assessments due to the Association.

3. SPECIAL MEETINGS.

Special 111eetings of the corporation 111ay be called by a rnajority of tl1e directors. The secretary sl1all cause a notice of such n1eeting to be mailed to all men1bers at tJ1at addresses as they a1)pear i11 the 1ne1nbership roll book at least ten days but 11ot 1r1ore than fifly days before the scheduled date of such 1neeting. Such notice shall state the date, ti1ne, i)lace and purpose of the meeting.

No other business bul that specified in the notice 1nay be transacted at sucl1 special n1eeting \vithout the consent of a maj ority of those present at SLlch 1neeting.

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Third An1ended & Restated By-La\vs of Paltnetlo Pines 1-Iorneowner's Association, fnc. Page 3

4. f'' IXING RECORD DATE.

i:-·or the purpose of deter1nining the 1ne1nbers entitled to 11otice of or to vote at any n1eeti11g of me1nbers or any adjournment tl1ereof, or to express consent to or dissent f ro1n any proposal without a meeting or for the purpose of deter1nining the members entitled to receive any distribution or a11y allotrnent of any rigl1ts, or for the purpose of any otl1er action, the date the Owner acquired title to the Lot as determined by a deed recorded in tl1e public records of Palm Beach County shall be deten11inative. Notwithstanding the foregoing, if actual notice of a transfer in ownership is not provided to the Association prior to the tabulation of any vote, the Owner indicated in the records of the Associatio11 sl1all be

• entitled to vote for that Lot. ·

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5. . ACTION BY MEMBERS WITl-IOUT A MEETING. •

Whenever me1nbers are required or permitted to take any action by vote, sucl1 actio11 1nay be taken without a rneeling by written consent, setting forth the action so taken, signed by all tl1e 1nembers entitled to vote thereon.

6. PROXIES.

Every n1e1nber entitled to vote at meeting of members or to express consent or dissent withot1t a 1neeting .may authorize another perso11 or persons to act for him by proxy. · •

Every proxy tnust be signed by the 1ne1nber or the person authorized to execute such proxy. No proxy shall be valid in excess of 90 days frorn the date of 1neeting for wl1ich it was presented. Every proxy shall be revocable at tl1e pleasure of tl1e 111en1ber executing it, except as otherwise JJrovide by law. If there is 1nore than one owner of a Lot, any ow11er n1ay sig11 the proxy and it shall be valid unless objected to by another of the owners of that Lot prior the meeting. Under sucl1 circurnsta11ces, t11e JJroxy shall not be valid and the owners of tl1at Lot wilJ forfeit their right to vote unless they agree on ho\v to cast the vote of their Lot.

7. ORDER OF BUSINESS.

TJ1e order of busi11ess at all 111embers1 1neetings shall be as follows u11less otherwise altered i11 the discretion of the president or other chai11Jerson appointed by the preside11t to chair the n1eeting.

I. Call to order.

2. Certification of Quorurn

3. A1)proval of 1r1inutes of previous n1celing

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4. No1ninations for 1nernbcrships to Board of Directors (if ai1pl icable)

5. Vote for n1e1nbers of Board of Directors (if applicable)

6. Officers reports

7. Manager's repo1t

8. Atton1ey1s report •

9. Comrnittee reports •

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12. Adjoun1ment

8. MEMBERSiilP DUES.

Me1r1bersl1ip dues sl1all be determined by the Board of Directors

ARTICLE.IV - DIRECTORS •

l . MANAGEMENT O.F Tf-IE CORPORATION.

The corporation shall be n1anaged by t11e board of directors. Each director shall be at least eightee11 years of a·ge.

2. ELEC'f lON AND TERM OF DIRECl'ORS.

At eacl1 an11ual ineeti11g of me1nbers, the 1ne1nbership shall elect directors to hold office until the next annual meeting. Each director shall hold.office ttntil the expiration of the ten11 for whicl1 he was elected and until his successor has been elected and shall l1ave qualified, or u11til l1is prior resig11atio11 or re1noval.

3. INCREASE OR DECREASE IN NUMBER OF DIREC'f ORS.

The nun1ber of directors 111ay be increased or decreased by vote of the 111e1nbers or by a vote of a n1ajority of all of the directors. No decrease in directors shall shorten the lern1 of a11y i11cun1bent director.

4. NEWLY C REA'f EI) DIRECTOI~SI-!IPS AND VACANCIES . •

Newly created directc)rships resulting fro1n an increase in the nun1ber of directors and vacanc.:i~s occurring in the board for a11y reason 111ay be fi lled by a vote of a 1naj()rity

Third Arnended & Restated By-Laws of Paln1etto Pines Ho1neowner's Association, Inc. Page5

of the directors then ir1 office. A director elected or appointed to fill a vacancy caused by resignation, death, increased Board size or removal shall be elected or appointed to hold office until the next annual meeti11g wl1ere directors are elected.

5. REMOVAL OF DIRECTORS.

Removal of any member· of the Board of Directors sl1all be pursuant to the provisions of Chapter 720, Florida Statutes, as amended from time to time as follows:

l. A11y member of the board of (tirectors 111ay be r~111oved fron1 office with or without cause by the vote or agreeme11t in writi11g by a majority of all votes of the 1nembership. · ·

2. Directors may be recalled by a11 agreement in writing or by written ballot witl1ol1t a inembership meeting. The agreement in writing or ttte written ballots, or a copy thereof, sl1all be served on the association by certified mail or by perso11al service in the mariner authorized by Chapter 48 and the Florida Rules of Civil Procedure.

3. The Board shall duly notice and l1old a meeting of the Board within five (5) full business days after receipt of the agreernent in writing or written ballots. At the 1neeting, the Board shall either certify the written ballots or \vritten agreement to recall a director or directors of tl1e Board, in which case 'sucl1 director or directors shall be recalled

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effective irnmediately and shall tum over to the Board within five (5) full busi11ess days any and all records a11d property of the associat\9n in their possession, or proceed as witl1 the filing of a petitio11 for binding arbitratio11.

4. Any rescission or revoc~tion of a member's written recall bal lot or. agree1ne11t must be in writing and, in order to be effective, 111ust be d~livered to tl1e association before the association is served with the \vritten recall agreements or ballots.

5. Tl1e agreement in writing or ballot shall list at least as many possible replacement directors as there are directors subject to the recall, when at least a tnajority of t}1e Board is sougl1t to be recalled; the persor1 executing the recall instrurnent may vote for as many replacen1e11t candidates as there are directors subject to the recall.

6. If the Board dete11nines not to certify the written agree1ne11t or written ballots to recall a director or directors of the Board or does not certify the recall by a vote at a meeting, the Board shall, \Vithi11 five (5) full business days after the n1eeting, tile with the Depart1nent of Business and Professional Regulation a petitio11 for binding arbitration. For the purposes of this section, the me1nbers wl10 executed the agree1nent i11 writing shall constitute 011e party under the petition for arbitratio1t. If the arbitrator cettifies the recall as to any director or directors of the Board, the recall will be effective U})On mailing of the final order of arbitration to the association. The director or directors so recalled shall deliver to the Board any and a ll records of the association in tl1eir possession within five (5) full business days atler the effective date of the recall.

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Third A111ended & Restated By-Laws of Pal111ctto Pines Ho1nco\vner's Association, Inc. Page6

7. When it is detennined by the departn1enl pursuant lo binding arbilratio11 proceedi11gs that an initial recall effort was defective, written recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in 011e

subsequent recall effort. f-Iowever, in no eve11t is a written agree111ent or written ballot valid for more than l 20 days after it has been signed by the mernber.

8. If a vacancy occurs on the Board as a result of a recall a11d less than a rnajority of the Board of Directors are removed, the vacancy may be filled by t11e affirmative vote of a majority of the remaining directors, not\vithstru1ding any provision to tl1e co11trary contaii1ed in tl1is subsectio11 or in tl1e association docu~ents. If vacancies occur on the Board as a resuit of a recaii and a majority or t11ore of the Beard directors are removed, the vacancies shal l be filled by 1nernbers voting in favor of the recall. If the recall

• • • • occurred by agreemer1t in writir1g or by written ballot, men1bers rnay vote for replacement directors in the same i11strument.

9. If tl1e Board fails to duly i1otice and hold a Board meetit1g within five (5) full business days after service of an agreement in writing or withi11 five (5) full busi11ess days after the adjournn1ent of t11e n1e1nber recall meeting, the recall shall be dee1ned effective and the board directors so recalled shall immediately tum over to the Board all records and property of the association.

10. If a director who is rernoved·fails to relinquish his or her office or tum · over records as required under this section, llie circuit. court in the county where tl1e

association 1naintains its pri11cipal office may·; upon the petition of the associatio11, summarily order the director to relinquisl1 tits or her office and tur11 over all associatio11 records upon application of the association.

11. The mi11utes of the Board 1neeting at which the Board decides whether to certify the recall are an of11cial association record. The 1ninutes 1nust record tl1e date at1d ti1ne of tl1e 1neeting, the decision of the Board, and the vote count take11 on eacl1 Board 1nember subject to the recall. In addition, when the Board decides not to certify tl1e recall, as to each vote rejected, the rninutes nlust identify tl1e parcel 11t1n1ber and the specific reason for each Sttcl1 rejection.

12. When tl1e recall of rnore than one Board director is sought, tl1e writte11 agree1ne11t, ballot, or vote at a meeting sl1all provide for a separate vote for each Board director sought to be recalled.

13. Directors who fa il to attend three consecutive meeting of the Board of Directors or a total of four n1eeti11g during the course 0 f their twelve 1nonth ter111 are subject to being removed fro111 the Doard by the affirmative vote of a 1najority of the Board present at a regular or special 1neeting of the Board at \Vhicl1 the removal of tl1e director is an agentla ite1n.

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1'hird Arnended & llestated By-Laws of Palmetto Pines Homeowner's Association, lnc. Page 7

6. RESIGNATION.

A director may resign at any tune by giving writte11 notice lo the board, the preside11t or secretary of the corporatio11. ·unless otl1erwise specified i11 the notice, tl1e resignatio11 shall take effect upo11 receipt thereof by the board or such office, and the acceptance of the resignation shall not be 11ecessa1y to rnake it effective.

7. QUORUM OF DIRECTORS. •,

Unless otherwise provided i11 tt1e certificate of iricorporation, a inajority of. the entire board shall constitute a quoru1n for the tra11saction of business or of any specified ite1n of business. · •

8. ACTION OF THE BOARD.

Unless otherwise required by law, the vote of a majority of the directors present at tl1e time of tl1e vote, if a quoru1n is prese11t at such time, sl1all be the act of the board. Each director present shall l1ave one vote.

9. PLACE AND TIME OF BOARD MEETINGS.

Tl1e Board may hold its meetings .at the office of th~ corporation or at sudh other places, either within or witl1out Palin Beach County, as it may froin time to ti1ne ·

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10. REGULAR ANNUAL MEETING OF l 'IIE BOARD.

A regular annual meeti11g of the Board sl1all be held i1n1nediately following the an11ual meeting of members at the place of such annual meeting of members or on such otl1er date a11d time as may be determi11ed by the Board Of Directors.

11 . NOTICE OF MEETING OF TI-IE BOARD, ADJOURNMENT.

Regular meetings of the Board sl1all be l1eld with a mi11i1nun1 of 48 l1ours notice at such time and place as it shall from time to ti1ne be determined. Special 1neeti11gs of the Board shall be held upon notice to tl1e directors and may be called by the president upon three days' 11otice to each director either personally or by n1ail, telepl1one or bye-1nail; special meetings sl1all be called by the president or by the secreta1y in a like manner 011 \vritten request of two directors. Notice of a n1eeting need not be given to a11y director wl10 sub1nits a waiver of notice \Vl1etl'1er be tore (>rafter the tneeting or who atter1ds the meeting without protesting prior thereto or at its co11nnence1nent, tl1e lack of notice to J1i1n.

A 1najority of the directors present , whether or not a quorun1 is present, 1nay adjourn any 111eeting to another time ar1d J)lace. Notice of the adjour11111ent shall be given

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Third Atnended & Restated By-Laws of Paltnetto Pines Ho1neowner's Association, Inc. Page 8

all directors who were absent at the tirr1e of adjottr111ne11t and, unless such titne a11d place are announced at the n1eeting, to the otl1er directors.

12. CIIAIRMAN.

At all meetings of the Board, the president, or in his absence, a cl1airma11 chosen by the Board shall preside.

13. EXECUl 'IVE AND OTHER COMMITTEES: • • •

Tl1e Board, by resoltition adopted by a r11ajority of the entire Boarcl, may designate fro1n arnong its. n1e1nbers an executive committee and other comtnittees, each consisting

• of two or more directors. Each such committee shall serve at the pleasure of tl1e Board.

ARTICLE V - OFFICERS

I. OFFICERS, EI,ECTION, TERM.

Unless otl1erwise provided foi: in the articles of incorporation, the Board 1nay elect or appoi11t a president, one or tnore vice-presidents, a secretary and a treasurer, and such otl1er officers as it may detem1ine, who shall have such duties, powers and functions as hereinafter provided. All officers shall be elected or appointed to 11old office until the meeting of the Board following the ru111ual meeting of me1nbers. Each officer sliall hold office for the te11n \vhich he is elected or appointed and until his successor has been elected or appointed and qualified. ·,

2. REMOVAL, RESIGNATION, SALARY.

A11y officer elected or appoit1ted by tl1e Board 1nay be ren1oved by the Board with or without cause. In tl1e eve11t of the death, resig11ation or removal of an officer, the Board in its discretion may elect or appoint a successor to fill the unexpired term. Any two or more offices 1nay be held by the sa1ne person, except the offices of the preside11t and the secretary. Directors sl1all serve as volunteers and shall receive no salary or other remuneration. Any of the duties of the officers identified below 111ay be performed by a I'roperty manager or 1nanage1nent co1npa11y i11 the sole discretio11 of the Board of Directors.

3. PRESIDENT.

·rhe president shal l be the chief executive officer of the corporation; he sl1all preside at all 1neeting of the n1en1bers and of the Board; he shall have the general 1na11age111ent of the affairs of the corporation and shall see that all orders and resolutions of the Board are carried into effect.

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Third Amended & Restated By-Laws of Paltnet.to Pines Ho1neowner's Association, Inc. Page 9

4. VICE-PRESIDENTS.

During tl1e absence of disability of the president, the vice president, or if there are more than one, the executive vice-president, shall have all the powers and functions of the presidellt. Each vice-preside11t shall perform st1ch. other duties as tlie Board sl1all prescribe.

5. TREASURER.

The treasurer shall have tl1e care and custody of aii tl1e ft111ds and securities of ii1e corporation, and shall deposit said funds it1 tl1e· name Of the corporation in such bank or trust co1npany as the directors may elect; he sl1all, whe11 duly attthorized by the board of directors, sign and execute all contracts in the nanie of the corporation, whe11 countersigned by tl1e president; he sl1all also sign all cl1ecks, drafts, notes, and orders for the payme11t of money, \Vhich shall be duly autl1orized by tl1e board of directors and sl1all be fully authorized by the board of directors and shall ~e countersigned by the president; he shall at all reasonable times exhibit his books and accounts to any director or member of the corporation upon application at tl1e office of the corporation during ordinary business hours.

6. SECRE'l'ARY.

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The secretary shall keep the rniHutes of the Board of directors and also tl1e minutes of the me1nbers meetings. He shall have the cus tody of the seal of the corporation arid shall affix and attest the same to documents \Vhen duly authorized by the board of directors. Ile shall attend to the giving and serving of all notices of the corporation, and shall have cl1arge of such books and papers as the Board of directors n1ay direct; he shall atte11d to sucl1 correspondence as may be assigned to him, a11d perforn1 all the duties incidental to his office. He shall keep a membership roll containing the natnes, alphabetically an·a11ged, of all perso11s who are n1embers of the corporation, showi11g .their places of residence and the time when they became members.

7. SURETIES AND BONDS.

In case the Board shall so require, any officer or agent of the corporation shall execute to tl1e corporatior1 a bond in sucl1 su1n and with sucl1 surety or sureties as the Board may direct, conditioned upo11 the faithful performance of his duties to the corporation and including res11011sibility for negligence and for the accou11ting for all property, funds or securities of tl1e corporatio11 wl1ich 1nay co1ne i11to his hands. 1·11e Associatio11 shall be responsible for the i1ren1ium for any such bo11d tl1e Board may

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ARTICLE VI - CONS1'RUCTION

If there is a11y con tlict between tl1e provisions of the articles of incorporatic>11 and these f3y-laws , the provisions of the Dy laws shall govern.

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ARTICLE VII - AMENDMENTS

. By-laws may be adopted, amended or repealed by the Board of directors; provided, however, that at a meeting of the membership at which there is a quoru1n, a 111ajority of all voting members rnay vote to a1ne11d any bylaw adopted, amended or repealed by tl1e Board.

If any By-law regulating an irnpending election of directors is adopted,. amended or repealed by the board, there shall be set fortl1in11otice of the 11ext meeting of tnembers for the election of directors the by-law so adopted, a1ne11ded or repealed, togetl1er with concise

• statement of the t;lianges niade.

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A RT' I CLE VIII - OWNERS OBL I GATIONS •

MAINTENANCE

1. Eacl1 Lot Ow11er shall mainta\n tl1e structures and grounds on the Lot he owns at all tirnes in a clean, 11eat attractive and aesthetically pleasing manner. Eacl1 Lot Owner shall keep his 1101ne a11d all other permitted structures on the lot free of tnildew, algae, dirt and other staining. f-Iomeowners shall maintain and repair all exterior builcling surfaces, including tl1e roof, walls, walks, drives, sidewalks, doors, garage doors, wi11dows and other per1nitted structures. For the purpose of this section, "mai11tain" and "repair" shall include, but not be li1nited to. clea11ing, painting, JJressure cleani11g, removing stains, dirt or mildew, and keeping all exterior portions of tl1e home and·permitled structures in good working order and in an aesthetically pleasing co11dition.

. . Eacl1 Lot ·owner must also tnai11tain the lawn, landscaping, bushes and trees in the Owner's lot which runs from the water's edge or back property line to the edge of the street, including the front swale. Lot Owners shall not per1nit lawns and/or grass to exceed eight inches (8") in height. La\vns must be edged, weeded, a11d free of debris at all times .. Hedges sl1all be trimn1ed and pruned and shall not exceed a n1aximu1n 11eight of six feet (6') except that hedges along tl1e rear lots bordering Han1n1ock Street, Keystone Street, and Palmetto Park Road shall not exceed eight feet (8') i11 height. Trees and shrubs sl1all not encroach past the boundaries of the lot and trees shall be properly pruned to preve11t da1nage frorn \Vit1dstor1ns. S\¥ales shall be n1aintained i11 the sa1ne condition as other landscaping. Lot Owners shall trim trees, shrubs, and hedges so they to not in11Jede the use of sidewalks.

ASSOCIATION APPl~OVAIJ FOR PAINl'ING

2. Prior to 1)ai11ti11g or staini11g a11y exterior surface 011 a Lot, its Owner shall sub1nit proposed colors to the Association's Architectural Review Board (ARB) or the Board of Directors for review a11d written approval prior to the co1r1n1encement of painting. In the event a Lot Ovvner fails to obtain the written consent of the ARB or the Board of Directors prior to pai11ting any exterior portic>n of a lot, the Board of Directors, in its sole discretion, rnay require the l..ot Owner to re-paint or stain the exterior surfaces

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Third Atnended & Restatt:d By-Laws of Pahnetto Pines Ho111eow11er's Association, Inc. Page 11

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an approved color. The Board of Directors may J>ursue all re111edies in equity an<.i law. None of the remedies is exclusive of the other. Further, in the event the Board takes legal action against a Lot Owner for violation of tl1is provision, the Association shall be e11titled to an award of its attorney's fees· and costs even if no fo11nal administrative or legal actio11 is filed by the Association against tl1e Lot Ow11er.

COMPLIANCE

3. Eact1 member and the me1nber's tenants, guests, and invitees, must compl,y \vii.ii the goveniing docui11ents of the community including the rul~s of .tl1e Association adopted by tl1e Board of Directors. Actions at law or in equity, or both, to redress all~ged failure or refusal to comply with tl1ese provisions inay be brought by the Association or by any rnember. Those violating the governing documents shall be responsible to reimburse the Association for any costs and attorneys' fees i11curred in pursuing enforcement. The Association sl1all be entitled to recover any reasonable attorney's fees a11d costs incurred i11 its atte111pts to compel compliance with the community's governing docurnents, whether incurred outside of litigation or in litigation. Failure by the Associatio11 to e11force any covenant or restriction or rule co11tained in the governing documents shall in no eve11t be deemed a \Vaiver of the right to do so tf1ereafter. Invalidation of any provisio11 of tl1e governing documents of the community or the rules of the Association by judgment or court order shall in no way affect any other provisions which shall re1nait1 in full force and effect.

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VEHICLES AND PARKrNG ...

4. Vehicles are to be parked on the driveway or in the garage 011ly. Recreational vehicles (such as campers, go-carts, dune buggies, boats, trailers, etc.) shall only be parked inside the closed garage; provided, l1owever R'ecreational vehicles may be te1nporarily parked on the driveway of the property for a period not to exceed four co11secutive hours between 8 a.111. a11d 8 p.m. Recreational vehicles shall 11ot be parked in the driveway or 011 any portion of the properly oven1ight fro1n 8 p.ln. to 8 a.in. unless in a closed garage.

Commercial trucks or other commercial vehicles shall only be parked i11side the closed garage; provided, however, tl1at com1nercial trucks or commercial vehicles may be temporarily parked 011 the property for a period 11ot to exceed four co11secutive hours between 8 a.m. and 8 p.m. witl1out providing prior \.Vritte11 notice to the Board of Directors. Lot Ow11ers or Residents n1ay per111it commercial trucks or co1n111ercial vehicles to be parked on tl1e property for periods in excess of four hours only bet\vee11 the hours of 8 a.in. and 8 p.1n., 011ly for 1)urposes of construction, repairs, or deliveries, a11d 011ly after providing notice to the Board as set forth I1erei11. In tl1e eve11t that a com1nercial truck or co1n1nercial vehicle will be stored or parked on the driveway or any other portion of the property for longer than four hours for purposes of construction, repairs, or deliveries, the Lot Owner or Resident must provide prior vvritten notice to the Board of the dates and tin1es on which such co1nn1er1.:ial truck or co111111ercial vehicle will be i)arked on the r>roperty. In the event that a Lot Owner or Resident fails to provide the

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wri tten notice required here i11, the Lot Owner a11d/or Resider1t sl1all be dee111ed i11 violation of tl1e parking restrictio11s and subject to further action by the Board of Directors. Comrnercial trucks or vehicles shall not be parked.i11 tl1e driveway or on a11y portion of the property overnight from 8 p.m. to 8 a.m. unless in a closed garage. For the purpose of this section, the word 11co1nrnercial truck" or "comn1ercial vehicle" shall include tractor-trailer trucks, durnp trucks or vehicles with more than four axles as well as any other pick-up truck or vehicle that displays commercial emblems, logos, signs, phone numbers, or any printing on the sides, front, or rear whicJ1 reference a11y co1n1nercial undertaki11g or enterprise. Additionally, 11 commercia l trucks" or "commercial vehicles" include trucks with ladder rack~, exterior tool bit1$, or other exposed work-related accessories. Whett1er a partict1lar vehicle is amo11g those prohibited ht!reu11der shall be dctcm1ined by the Board of Directors in its sole discretio11. The Board of Directors shall be the final arbiter of whether a vehicle "falls within a category of prohibited vehicles.

Any vel1icle which is deen1ed to be a nuisance by the Board of Directors shall be prohibited from bei11g parked i11 the cornmu11ity. No vehicle of any kind which is required by applicable law to be registered a11d/or bear a current license plate shall be pennitted in the community IJot unless such requirements l1ave been met except if sucl1 vehicle is kept within the confines of an enclosed garage witl1 the door closed and is never parked elsewl1ere in tl1e comrnunity. No ii1operable vel1icles are i)er1nitted to be parked in tl1e community outside of the owner's garage. Notwithstanding the foregoing, these restrictio11s shall not apply to government-owned vehicles parked ii1 the commu11ity by residents. · ·

S1'RUCTURES

5. No L1nattacl1ed garage, overl1ang. ,carport, covered area (whether rnade of canvas or any other 1naterial), or lean-to sl1all be per1nitted to be constructed on any lot. Sidewalks, streets, and driveways shall 11ot be obstructed or blocked at any tilne.

Te1nporary structures are not per1nitted 011 Lots without the prior written consent of the Architectural Review Board or the Board of Directors ai1d, if approved, shall be maintained by the Lot Ow11er it1 accordance with the sta11dards set forth in these By-laws, inclt1di11g, bttt 11ot litnited to, cleaning, painting and keeping such sttuctures in a good state of re1Jair. Said co11se11t 111ay be withl1elcl for a11y-reason, including aesthetjcs. Play ec1uipn1ent st1c)1 as swi11g sets or play gyms are only per1nitted in the rear of the home and shall not be visible frotn the street. For purposes of this section, the word "n1aintained" shall 111ean cleaned, painted, and in good repair. Basketball hoops 1nay only be inounted 011 a pole adjacent to the side of an owner's driveway at least ten ( l 0) feet fro1n the edge of the street. .Portable basketball devices, may only be placed adjacent to the side of an owner's driveway at least te11 (I 0) feet fro1n the edge of the street.

TllASI-I CONT AlNEJl S

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6. Trash containers shall be stored on the side of the house and shall at all times be concealed from view. Trash co11tainers rnay be brought to the curb t10 earlier than 6:00 p.m. on the evening before pick up·and must be removed and stored out of view no later than 8:00 p.m. on tl1e eve11ing of pick up. Trash, other t!1an landscaping clippi11gs or vegetation, shall be placed in a covered trash can to help prevent animals a11d birds fro1n teari11g open bags.

FENCES • •

7. Any Lot Ow11er desiring to ingtall a fe11ce in any po11ion of the Lot sl1all obtain the written conse11t of the Architectural Review Board or the Board of directors prior to installing such fence. Fences that run from the rear of tl1e n1ain wall of the house to the rear of the property must be open chain link fences that do not exceed five feed (5') in height. Fro11t yards may not be fenced. Side yards starting at the fro11t of the 1nain \Vall

of the hot1se to the side of the property may be fenced. Wooden fencing of the shadowbox style not exceeding six feet (61

) i11 height may be used to fence the side yard only subject to the written consent of the ARB or the Board of Directors which may be witt1held for any reason. All fe11ces existing on the effective date these amended bylaws tl1at are not it1 compliance with the provisio11s set forth herein are still considered to be in violation of Article J 9 of tl1e Declaration of Rest_rictions a11d said enforce1nent J)rocess shall conti11ue until cornpliance is obtained.

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. CLOTHESLINES

8. Clotl1es may be drieti outdoors 011ly if l1u11g or1 an u1nbrella type clothesli11e. Clotheslines must be screened from view of surroundi11g lots as well as the stre·et and ca11als, and 1nay only be located i11 the re:ar yard.

SIGNS

9. 011e professionally lettered "For Sale" sign is permitted provided it does not exceed five (5) square feet. A "Deed Restricted Commu11ity" sig11 or a sign \vith otl1er similar language identifying the lot as one burdened by restrictive covenants and governed by a11 association 1nust be hu11g from the "For Sale" sign. Deed restriction signs are available fro1n tl1e tna11ageme11t co1npany. Upo11 tl1e sale of a l10111e, the seller n1ust provide tl1e 1na11ageme11t co1npany with a copy of the deed or closing staternent.

RENTALS

l 0. Any Lot Owner who rents his ho111e shall pro\1ide a copy of the lease to the Association along with an off-site address and telephone nun1ber where the owner can be reached. It is the responsibility of the Lot Owner to advise the te11a11t of the existence of tl1e Association's gove1ning documents. All tenants rnust con1ply with the Declaration of Restrictions, By-laws, Rules a11d Regulations and all goven1ing clocu111ents. Tl1e Lot Owner will be joi11tly and severally res11onsible with tena11t for da111ages lo the co1n1non clen1ents caused by tenant and for attorneys' fees and costs incun·ed by the Association in

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an atte1npt to obtain compliance by the tenant witl1 the provisions of tl1e Declaration of Restrictions, By-laws, Rttles and Regulations and all other governing docun1e11ts eve11if110 formal administrative or legal action is filed by the Association against tl1e Lot Owner or te11a11t.

HOME-BASED BUSINESSES

11 . No co1111nercial business or office for com1nercial business is to be operated or conducted on any Lot in the co111munity. For the purpose of this sectio11, the term "business" sha!! mean any business, associatio11; pro·fession, occupation, or activity engaged in by any perso11 to sell, buy, excl1a11ge, barter, or deal in any thing of value, or the rendering of services for value, with the object of the public or private gain .

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Notwithstanding the foregoing limitation, l101ne-based businesses where no employees, clients, custon1ers or otl1er patro11s come to the l1ome and which do not result in deliveries of 1nerchandise or other business related 1naterials to the ho1ne may be conducted. [f, it1 the sole opinion of the Board of Directors, any sttch home-based business is inconsistent with tl1e residential nature of the co1n1nunity, the Association shall have the authority to clemand that the business activity cease within.seventy-two (72) hours of written demand to the Lot Owner by certified 1nail return receipt requested. De1nand sl1all be dee1ned given three business days after deposit i11to the United States mail, certified 1nail, returr1 receipt requested, postage prepaid and addressed to the Lot Qw11er at the address on file with the Associatio11. ·

ARTiCLE X ..... ENFORCEMENT

I. lf an Owner fails to n1aintain his Lot, any structure built thereon and/or grou11ds as required by the Declaration of Restrictions, By-Laws, Rules and Regulations and other governing documents or otherwise ·fails to 1nait1tain such property in a neat a11d attractive matter, the Association rnay, within the Board of Director's discretion, after giving the Owner fifteen (15) days written notice sent to his last known address, or to the address of tl1e subject premises, contract to have the property maintained consistent with the requireme11ts of tl1ese By-laws. Entry on to the property for purposes of 1naki11g repairs or performi11g maintenance sl1all 11ot be deemed a trespass. The cost of a11y work perfonned by the Associatio11 on behalf of an Owner as provided herein shall be the subject of a lien and sl1all be construed as a special assessn1ent against the Lot on which the work was done collectible in the sarne 1na11r1er as an assess1nent and shall likewise be the perso11al obligation of all Owners of sucl1 Lot. Any attor11eys' fees and cost incurred in pursui11g collection of tl1ese su1ns shall also be secured by the lien.

ARl'ICLE XI - ASSESSMENTS & COLLEC]'ION

l . Assessn1ents and installrne11ts on them \Vhich are not paid when due shall bear interest in an a1nou11t as determined by the Board of Directors up to the highest rate al lowed by law unti l lJaid. In t11e absence of Board action to establisl1 an interest rate, delinquent sun1s shall bear i11terest at the highest rate allowed by law. The association

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may cl1arge an ad111inistrative late fee in addition to such interest, in an arnount not to exceed the greater of $25 or 5 percent of each installment of the assess1ne11t for eact1 delii1que11t i11stallment.

2. Annual and special assessme11ts levied by the Board of Directors, together with late charges, interest, atton1eys' fees and costs of collecti.on thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against wl1ich such assessment is made and shall also be the personal <?hligation o.f ~he person or persons wl10 were the Owners of sucl1 Lot on the date on which the assessment was levied. Any . subseque11t purchaser shall be jointly and se· . .reraIIy liab!e to the . .\ssociation for any su1ns unpaid upon the transfer of title. In addition to su1ns due upon the date of recording ot tl1e lien, the lien of the Association shall al~o secure any assessments, late charges, interest, attorneys' fees anCI costs which come due after the recording of the claim of lien up through the date of the issuance of a certificate of title following a foreclosure sale.

3. Any payment received by an association shall be applied first to any interest accrued by the associatio11, then to a11y adn1i11istrative late fee, then to any costs, then to a11y atton1ey's fees incurred in collection, and, fi11ally, to the delinquent assessment. The foregoing shall be applicable r1otwiths~anding any restrictive endorseme11t, designation, or instruction placed on or accornpanyil1g a payment.

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TRANSFER SllEET . '

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Address of property:-·--------------• •

Current Owners Na111e:

Custon1er lD nun1ber, (if known): --------~

Listing Realtor®: ----------------

Real Estate F'irn1: ------------------

ftealtor<i.Y phone number: ___ _

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Please inform your Realtor® of the Deed Restrictions so the new owner can be

in co1npliance. ..

If you are selling your ho1ne yourself; you rnust advise the new owner of the Deed Restrictions. ·

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