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Strafford Park at Bear Bay Homeowners' Association, Inc.
DECLARATION OF COVENANTS RESTRICTIONS FOR STRAFFORD PARK- PHASE 1
(O.R. Book 1055, Page 972, Osceola County, Florida, recorded on 03/06/92)
Page Article I. DefinitioJts .•..........•............•....•............•..•.............. 2
Section I. Section 2. Section 3. Section4. Section 5. Section 6. Section 7. Section 8. Section 9. Section I 0. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16.
Association= Strafford Park at Bear Bay Homeowners' Association, Inc. Board C01mnon Area Declaration Developer FHA/VA First Union Mortgage General Plan Development Household Pet Living Unit Lot Maintenance MSTU Owner Osceola Property
Article II. Property Subject to This Declaration ...................................... 3
Section 1. Existing Property Section 2. Limitation Section 3.
Article III. Membership Voting Rights ............................................... 3
Section 1. Section2. Section 3.
Members Membership Classification and Voting Rights Multiple Owners
• • 0 0 • 0 0 • 0 •••• 0 ••••••• 0 • • • • 4
Section 2. Section 3 .
Owners' Easements ofEnjoyment Mortgaging of Common Area
.rticle V. Covenant for Maintenance Assessment ...........•......................... 4
Section 1. Section 2. Section 3. Section 4. Section 5.
Creation of the Lien and Personal Obligations of Assessments Annual General Assessment Date of Conunencement of Annual Assessments Effect ofNonpayment of Assessment; Remedies of the Association Subordination of the Lien to Mortgages
Article VI. Use of Property •....................................•.................. 6
Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7.
Protective Covenants Indemnification Rentals Maintenance of Living Units Association Approval . Building Location ·. Association Review ofFences and Changes to Living Units
Article VII. General Provisio.ns ..............••..................•.. , .....•........... 8
Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8 . Section 9. Section 10. Section 11: Section 12. Section 13. . Section 14. Section 15.
Duration Modifications Amendh1ent Enforcement If D!'l'claration is not enforceabl!'l Notice .. NJ:unicipal Service'{' axing Units Special Exceptions il).ld Variatidns
.singular, Plural and Gt;:nder ' Captions Effective Date Constmction FHA - VA Approval
.. Fines Liens
Article VIII. Specific Provisions ........... ; . . . . • . . . . . . . . . • • . . . . . . . . . . . . . . . . . . • . . . . . . 11
Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17.
Tempormy Buildings Windows and Glass Doors Oil and Mining Operations Livestock and Poultty Trash and Garbage Nuisances Commercial Trucks, Trailers and Boats Antenna Real Estate Offices Painting Signs Change of Elevation Outdoor Clothes Dtying Enforcement Utility Easements Access Easements Fences, Walls, and Hedges
Section 18. Casualty Section 19. Parking Section 20. Maintenance of Landscaped Areas Section 21. Limited Access Rights Section 22. Air Conditioners Section 23. Lighting Section 24. Skate Board Ramp Section 25. Basketball Hoops Section 26. Access rights Section 27. Tract "A" Section 28. Tract "B" Section 29. Tract "C" Section 30. Tract "D" Section 31. Tract "E"
AMENDMENT TO AND SUPPLEMENTAL DECLARA TIONOF COVENAN'I;S
AND RESTRIOf'lONS FOR STRAFFORD PA.'RK- PHASEl (O.R. Book 1100{Page 1712, Osceola dounty, Florida, recOJiaed.on 12/15/92)
0' I
SUPPLEMENTAL DECLARATION OF COVENAN'I'S AND RESTRICTIONS FdR STRAFFORD PARK- PHA.SEl
(O.R. Book 1122, Page 0060, Osceola County, Fl9rida, recorded on 04/28/93)
SUPPLEMENTAL DECLARATION OF COVENANTS
AND RESTRICTIONS FOR STRAFFORD PARK- PHASEl (O.R. Book 1153, Page 0183, Osceola County, Florida, recorded on 10/29/93)
ARTICLES OF INCORPORATION
OF STRAFFORD PARK AT BEAR BAY HOMEOWNERS'
ASSOCIATION INC. (Filed with the Florida Secretary of State on 10/08/91)
Article I.. Natne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . 1
Article II. Resident Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Article III. Existence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Atticle IV. Incorporators ................ , .... 1 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • I I
Article V. Purpose and Powers .............. , ·'· .................................... .
Article VI. Meinbership ......... · ............ + •. -~· -••••••••••••• ~~~ ••••••••••••••••••••••• 2
Article VII. Voting Rights •. , ... , ................. , ............ '" . . .................. 2
Article VIII. Board ofDirec,tor~~ .............. ; . . . . . . . . . . . . . . . . . ................. 3
Article IX. Dissolution .•~ ..... 0 • 0 ••• 0 •• 0 ••• 0 • 0 0 •••••• 0 ••• 0 0 • 0 • • ·-:~:-. 0 •• 0 • 0 •• 0 •••••• 0 3
Article X. Officers _.,-........... -._ .......... + ••••••••••••• __ ; ••••••••••••••••••••••••• 4
Article XI. Indemn,ification of Officers.and Directixs ........ ,,; ........................... 4
Article XII. Transaction in Which Director~ or Off\cers are Interested .............. , ......... 5
Article XIII. Bylaws ........................ , ............................... , ....... 5
Article XIV. Amendments ...........•....... , ....................................... 5
BY-LAWS OF
STRAFFORD PARK AT BEAR BAY HOMEOWNERS' ASSOCIATION, INC.
Article I.
Section 1. Section 2. Section 3. Section 4.
(Adopted September 23, 1991; Appears to be Unrecorded)
Identity .......................................................... 1
Name Principal Office Seal Definitions
Article II.
Section I. Section 2. Section 3. Section 4. Section 5.
Article III.
Section I. Section 2. Section 3. Section 4. Section 5.
Article IV.
Membership and Voting P1·ovisions .................................. 1
Membership Voting Rights Quorum Proxies Designation of Voting Member
Meeting of the Membe1·ship ......................................... 2
Notices Annual Meetings Special Meetings Waiver and Consent Adjourned Meeting
Directors .............. ···''": .... •!• •••••••••••••••••••••••••••••••••• 3
Section I. Number Section 2. Term of Office Section 3. First Board of Directors Section 4. Removal Section 5. Vacancies Section 6. Disqualitjb\ltion and Resignatiop Section 7. Compen,Satibp · Section 8. Regul~j'Meet41gs Section 9. Special Meetirigs , Section 10. Action Taken Without A Meeth1g Section 11. Directors' Waivei- ofNotice ' Section 12. Qumum Section 13. Nomination Section 14. :EJection Section 15. ·Powers Section 16. Duties
Article V.
Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8.
Article VI.
Section 1. Section 2.
Article VII.
Section 1. Section 2. Section 3. Section 4. Section 5.
Officers and Their Du,tles ... 1 , •• , •••••• , ••••••••• , , ••••••••• , ••••••• 6
Enumeration of Offices Election of Officers Term Special Appointt)lents Resignation l\Hd Removal Vacancies Multiple Offices Duties
Books and Records ................................................ 8
Owner Register Inspection by Members
Finances and Assessments .......................................... 8
Depositories Fidelity Bonds Taxable Year Determination of Assessments Application of Payments and Commingling of Funds
Section 6. Section 7.
· rticle VIII.
Section 1. Section 2. Section 3. Section 4.
Article IX.
Section 1. Section 2. Section 3.
Article X.
Article XI.
Article XII.
Article XIII.
Acceleration of Assessment Installments Upon Default Delinquent Assessments
Anten,)ntents ............................................... 9
Amendments Recordation Conflicts FI-IAIV A Approval
Indetnnificatioit ................................................. 10
Indemnification Determination of Amounts No Limitation
Liability Survives Termination ,of l\l!.mtbership ....................... 11 I
Limitation of Liability .. \/ .. t .! ..................................... 11
Parliamentary Rules ....... , .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Paramom~t Rights of Developer . . . . . . . . . . . . . . . . .•. . . . . . . . . . . . . . . . . . 11
• 1 _,.1~·-nll 1rr .. r 11··· ·I PI! -· .. 1-ll.
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OR6KI 055 PG0972
'.l'hiB instl!:U!Ia81\t. p:repart!d byo !Ul<Ued s , Crowder, Bsq, fill:tSBIQ'IiLl> & A880ClATl!S 1 P.A, 8\lit.e 300 ~U~ Brickel! key Drive Hl~, florida 33131·2608
Recorded copies should !>a :ret~~J:ned tot t.li!IDIITAR DBVIILOPMBN'l' COIU'ORA'UON 2533 Boqgy cxeek Road kiaa~e, Florida 34744 Att~ntiono Sarah Gilman
PRCLl\liATIQN OF~!!AN'l'S AND RRBTRICTIQNS PQR STRAFPQRD PARK • PHM.L!.
THIS DI!CLARM'ION made thia ~~day of , 5.• ot , 1991, by LAIIDSTAR DRVBLOPNRII'l' COIU'ORATION ,"aPio.:ida corporation hareinafter called "Developer•).
W I '1' N B S S B T H 1
WHERKAS, Developer ia the owner of certain lands more particularly described on Exhibit "A" attached hereto which has been platted as STRAFFORD PARR - PHASB 1, according to the plat t.he:reof I recoxded in Plat Book '1 at Paqe 51.'!- sa of the Public Racoxde of osceola county, Ploxida (the •Property") 1 and
WHERKAS, the Developer desires to establish end secure the enforcement of unifoX111 reatriotive covenants upcn the usage and development of the Property1 and
WNSRKAS, l>eveloper deairee to provide for the pres .. rvation end enhano....,.nt of tho Properi'.y, and to this end de31res to subject tho Property to tho covenants, reatriotions, easements, charges and liens hereinafter set forth, all of which are for the benefit of the Property and each Owner, aa hereinafter defined, tha:reof 1 and
WIII!RKAS, to achieve these purposes, Developer deems it deairable to create an agency to which shall be delegated and aeaiqned the powers of maintaining the Common Area as hereafter defined as well as administering and enforcing those covenants and restrictions and aolleot.J ng and disbursing the asseslllllents and charges hereinafter created, along with promoting the health, safety end welfare of all ownors ancl reaidents1 end
1111BRiti\S, Developer has incorporated under the law of tha State of Ploricla the STRAFFORD PARR A'l' BXAR BAY HO!Il!OWNIIRR' ASSOCIATION, INC., as a corporation not for profit, for the purpose of exercising all of the functions stated herein.
IIOW, TNRRBFORit, the Developer declares that the Property is and •ball be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easemente, obarqes and liens hereinafter •at forth, which are for the purpose of protecting the value and desirability of, and which shall run wi thl. the Property and be binding on all parties having any right, tit e or interest 1n the Property or any part thereof, their hairs, aucoeuors and uelgna, ant' a ball inure to the benefit of each OWner thereof.
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AftTXCbR I • DRPX~IriQNR
Siwtion 11 •AB•ociation • shall '"""n and refer to STRAFFORD Pl\JUI AT 8liAR llM IIOI«EE11NNIRS' AB!IOCIATION, INC, , a Florida not for profit co~ration, ito euaaeaso~ and aoaiqn• and shall b6 a homeowner alllaootat.ion, not a condomlniwa formed pursuant to Chapter 710 of tlla FloridA Statutea.
lleation 21 'Board" shall aaean and refer to the Board of Di:r:ecto><a of the Aaaooiation, its auacoesora and aaoiqna.
section 31 •common Area• ahall ll<Oan and refer to the brick wall exeotGd within tho landeoepe and utility easement on the rear of oaoh Living Unit that abuts Dart Boulevard, both as shown on the ~lat of Strafford Park - Phaaa 1, and the landscaping botween the wall end tho right,of--y of Dart a<>ulevard. The .... u will be repau..ct and maintained, as neaded, by the l\Baociation and no owner of a Living Unit ehall alter the wall or interfere with or hindar the Allaociation in ite performance of its maintenance and repair dlltiea XCiqUirad hereunder.
Section 41 "Declaration• ehall lll8an the covenants, conditions and -•trictione and all other provisions hereinafter set forth in this entire document, aa the sBJIIG may from tine to tillle be amended.
Saotion St •oaveloper• shall mean and refer to Landatar Development. Corporation, ita eucoeasora or aaaiqne, if apacifioally too id&ntitied by an inat,.,...nt in writing executed by D&ve1opar and :re<Kirded in the PUblic Raoorda of oscaola County, Florida and shall not include any Claae A OWner who has purchased a Living Unit froa tho Developer.
Section 61 "FfiA/VA' shall maan the FedAral Kousinq Authority and the Veterana• Administration.
Section 71 "Firat Union Mortgage• shall mean and refer to the aortgage between Landatar Development Corporation and First Union Mational Bank of Florida recorded in Official Recorda Book 1004 1 at Page 604, of the Public Recorda of Osceola County, Florida.
Section 81 'General Plan Development• shall mean the plan for devalopliSJ\t of the Property aa approved by appropriate governmental agenoiee, as the allii\G may be amended with approval by the governmental aqenciea involved.
Section 91 'Houoehold Pet• shall mean dog, cat1 fieh or other domeaticated animal.
Section 101 'Living Unit• shall mean and refer to each singlefully reaidential unit ooJIIPrised of iDprovemente and land aa the ease eU&ll be .are particularly described in each deed from the 116V8loper to each OWner.
Section 111 'LOt" shall mean any parcel of land ehown upon any nocordad Mubdiviaion -P or plat of the Proparty upon which in the futw:e·wul be located an attached home.
Section 121 •Maintenance• shall mean, but not be limited to, oleanupho!.:~•caping and grounds care, repair and otruotural upkeep of the n Area.
Beetion 13 • 'NS'l'U" ohall mean a Municipal Service Taxing Unit eetahli•hed in conjunction with Osceola County, Florida.
Section U1 •owner• shall lll8lUl and refer to the record owner, ita IIUQCIIOeora and ueigna, whether one or more parsons or entities, as ehOWn by the recorda of the A&eooiation or the Public Reoorda of O.Ceola County, of the fee simple title to any Living Unit. owner shall not mean or refer to the holder of a mortgage or security deed, ita eucaesaora and aasigne, unless and until such
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.. ,!~GK 1 055 PG(19l4
hol~ hl>tO aoqull'8<1 title pu.:auant: to " tonoluoure or a prooaeding or deoe<t in lieu of foreclo<!Urel nor •h<lll th<> term •o.mer• mean or xafw to any leanea or tenant of an Owner,
Seation 151 'Oaooola County• shall m&an and refar to oaceola Colll\ty, Florida,
B&atlon 161 'Proparty• ohall maan and refer to all real property which lleaomea eub,ect to t:l\e Dealaredon,
l\!\'!'ICLl! ll: ~ PROPBBfi S!I8JBC'J.' '1'0 '!.'HIS DBCLl\MTIQN
Section 11 Bxiwtin~ PrOPertY. The real property which ia and shall ba held, tranilerred, sold, conveyed and occupied eubjact to thiG Daclarotion is located in Osceola County, Florida.
&action 2t Limitation, None of the tarms and conditione of this Declaration ahall apply to any pr¢perty not describad with particularity harein or in any amendments ar suppl...wont hereto.
ARTICLB Ill - MBMBBRSHIP AND yOTINQ RIGJJTS
Section 11 lfembers. Every owner, including the Doveloper, of a Living Unit which is subject by covenant of record to aaseaamant by the Allsociation shall ba a mandatory member of the Association and by acceptance of a deed or other instrument evidencing an ownership interest, aach owner. accepts mellbership in the Association and agrees to abid .. by and ba bound by the proviaiona of tl\ia Declaration. Kembarahip shall ba appurtenaot to, and tDAy not ba separated from, the ownership of .my Living Unit. Transfer of Living Unit ownership either voluntarily or by operation of law shall teral.nate membership in the Association and said lll&lllberehip shall ba vested in the transferee.
Seotion 21 Mmpherahip Claas,t,fiqation and Voting Rights. The Association shall have two (2) classes of voting mellbershipa
ClllBs A - Claes A member( a) shall ba all OWners of Li•ring units with the exception of Developer (provided that Clan B ll""'bership continues to exist), and each Class A meml>er ~thall ba ""titled to on& (1) vote for each Living Unit owned, There shall be no cwaulative voting, At such time as Developer • a Clan B ..abership ia converted to Class A membership in accordance with thol provisions hereinafter contained, Developer shall likewise ba a Claaa A member and entitled to one ( 1) vote for each Living tlllit owned.
Class B - Class B member(a) shall ba the Developer who shall be entitled to three (3) votes for each Living Unit owned. 'lha Claaa B meml>ership shall ceaae and ba converted to Class A membership on the happening of either of the following events, whichever shall occur first•
(a) when the total votes outstanding in Class A -'>ershlp equal the total votes outstanding in Clan B l118111bershiPI or
(b) on December 31, 1995.
Section 3t Kultipla Qwnns. When any Livin11 ur.it entitling the owner to membership in the Association is owned of record in the - of two or 1110re persona or entities, or if two or more persona or entities have the • ....., fiduciary relationship respecting the •- pECp<trty, then unless the instrument or order appointing them or cxeating tlla tenancy otherwise directs and it or a copy thereof la filed with the Secretary of the Anociation, auch Owner shall nl..,t one official representative to qualify for voting in the A8aociation and shall notify, in writing, the socretary of the
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;)RaK I 05 '5 PGO 91 ti
ABsoo1&tlon of the name of such individual. 'l'he vote of aaeh lndiv.!.dual &hl'lll b0 conn.l.dera<l to :roproeent the will of all th<> ~ore of th3t Living Unit. In th9 aircumatanco of euch Qommon ownerah:l.p, :l.f tho ownera fail to dooignate thoiJ: voting l«<PJ.'<'II•u>tat!va, then the A<lscciation may accept the P<JX'•o» aoaerting the X'ight to vote aa the voting OwneX" until notified to t:bll contJ:IU')' by the other momber(a), Upon such notification tho Owuwl: -Y nut. 11ul.u U>lt.il t.l"' O..w r ( ~) aJ.>puillt. thai>: '"'P""'""n~ tat:l.ve purauant to this paraqJ:aph.
I:IA~Ma othe""'i- apaoiUa•lly ®fined he>:ain, any xaforenca in thio Decluat:l.on to the vote or coneant of memb&X"e ehall mean l:ha requira<l nUlllber or percentage of votes of Living Unite.
AI\TICLB IY ~ COI!MQN ABBA
Saation 11 llQJJationa of t.he Aosociatiqn. 'l'he A<>aociation, eub1aot to the righta of the OWnara set forth in this Declaration, shall be rapponsible for the exclusive mnintsnanaa of the Common Ar&a and aball keep the same in geed, olean, attX'active orcla~ and npair.
Section 2a Qwnera' Basements of Bn1oyment. Bvery owner shall have a right and easement of enjoyment in and to the c~n Area which is appurtenant to the title to a Living Unit.
Section 3o 'l'he Common Area cannot be 111ortgo.ged OX' conveyed without the consent of at least two-thirds (2/3) of the OWner~ (excluding the D&valop&X').
AI\TICLR V - CQ\IBNANT PQR MAINTR!!AI!Cl! ASSBSSMBIITS
Section 1a AIBABffJJtftDta.
Creation of the Lien and Personal Qbliqatlon of
A. Bach Owner of any Living Unit, by acceptance of a deed therefor, whether or not it shall be so a>ep:resoed in such deed, is d~ to covenant and agree to pay the Association the annu&l general aaaeaaments or charg:es. Each auoh asset~sment, together with inteX"Sat or delinquency fees thereon and coete and reasonable attoJ:neys• fees incurred by the ~sociation in connection with the collection thereof aa pX'ovided heX'91n, shall be a oharqe and a continuing lien upon the Living Unit against wllich each auch asaell81118nt is lQade, '!'he lien shall be aviclenced bY an instrument executed by the Association and recoX'clacl among the Public ReooX'cla of osceola County, l'loJ:icla, and shall be enforced in the mann& X' p:rov !dad by law for the anforcelll8nt of 11160hanico• and material'IIISn'e liens. Bach such aeaeaiiJIIent, together with interest thereon, costa, and reasonable attorneys' teea u clescribed above, shall also be the personal ohligation of the person OX' entity who waa the owner of the Living Unit at the t~ the aaeea811ant became due and payable. In the cue of cocwnenhip of a Living un:Lt, all of such co-owners shall be jointly and severally liable foX" the entiX'& amount of the assessment.
B. The Developer ahall be obligated to pay aaaeo81ll8nts only with respect to Living Units upon which it haa COJIIPleted conatruction as aviclenaecl by the ieeuanaa of a Certificate of Ocoupanoy by the Osceola County, Plor:l.da, Building and Zoning Depar-t and Developer retains title thereto for a p&X"iod of six Ill) ..,nt.U after the iBouance of said Certificate of Qaoupanoy. in t.Mt '""nt, Developer ehall be ent:l.tlecl, if it oo elaata, to PJ=OVlcla aaxvicaa and/or materials and X"&Ceive c:redit for the value of aa.e toward any aaaeoamento due from ae:l.d Living unit X"atber than making such contX'ibutione aa might be due from it in cash.
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111r 1 ~1.5KI 05 5 PG09 '1 li
S\olcttlon 21 Mnuo.l Gs)n&ral AnsettOU16Dt.
A. EM,.rppae of At aeosrugnt. The annual general .,.,,..,a~~m<~nt levied by the 1\ssooint!on ohall ba uoed for the> maintenance, repair and replacement of the common Area.
ft, Dada for ~aeaJII!!!lnl;, Bach Livinq Unit which is cart.Uiud for oacllpanuy o.n wiiiUllha.. l>ae" ~onv .. y .. u '"' "" Chin"" &hall be aoaeaeed at a uniform rata,
c, lt!\1!1.,.,.. 1\!\JIWil 1\UM!!l!l~Mit• 'l'be aaxila\la annual ga....xal ,. .... a..,...nt shall not exceed, in any one ( ll year, omo Hundrad DOllars J$100,00) par Living Unit, payable in advance in iruitallmenta as eteminad by the Aaaoeiation,
D. m>tllllll...2t AII&!IBS!I!IInt. 'l'he Bosrd of Di:o:eotors shall uet l:.he date such aaaeeements a hall become due, 'l'ha Board may provicle for oollaction of aaseaaments annually or in 1110nthly, quarterlr or semi-annual insta11mentar provided, however, that upon default n the payment of any one (I) or more inatallm<lnta by any OWner, the &lltire balance of said annual aaaeBoment may ba accelerated, aa to tho said owner and Living Unit, at the option of the Board, with the same being declared immediately due and payable in full.
Section lt pata of cgmmeMemant of Annual AsaaaamentB. The annual aeeee.,...nt provided for herein shall commence with respect to aaeessabla Livinq Unite on the date of the conveyance of the first l-iving Unit from the Developer to an owner, 'l'he initial periodic aasaeBIIIOnt on any assessable Living unit shall be collected at the time of closing on the conveyance to said owner and shall be adjusted according to tha nlll!lber of days X8111Aining in the calendar year of said conveyance,
Saotion 4t Bffaqt of Nonpayment of Asaeaamontsa Remedlea of the A§aociotion. Any assessment not paid within ten (10) days after the due date shall be delinquent, The 1\ssooiation lllay bring an action at law against the owner personally obliqated to pay the assessment or foreclose ths llan against the Living Unit as deeoribsd in Section 1 of this Article, No owner may waive or otherwise avoid liability for the asaess..,nta provided for herein by abandonment of the Living Unit. In addition, should the ASsociation find it necessary to employ an attorney or institute legal action againat any owner in order to collect llllpaid aaaeeBll\Snte, the Owner aball be obligated for the payment of all of the Aaaooiation•e coste in connection with said action, inoludinq, but not limited to, court costa and reasonable attorneys• fees, including fees and costa at trial and appellate levels.
section 5 l Subordi.nat.i on of the Lien to Mprtga(JQs •
A· The lien of the aasesamanta provided for herein eball be aubordinate to the lien of the First Union I!OrtgaiJ& or any first mortqaiJ& representing a first lien on any Living unit.
s. Sale or transfer of any Living Unit shall not Affect the aeeee81110nt lienr h"""'ver, the sale or transfer of any Living Unit pursuant to foraoloaure, or deed in lieu thereof, shall eninguitoh the lien of euch uaeaamante as to pay!Qel\ts which beeiW8 due prior to auoh aale or transfer. No sale or transfer of any type aball relieve any owner of such Living Unit from liability for any aeaeeeaenta thereafter becoming due or from the lien on said Living unit.
C. It is the express intent of thio Section, notwithstanding any other providona hereof, to subordinate the aaee11-t lien referred to above only to firat mortga~JQII exoouted in favor of inatitutional mortgagees which shall include banl<a, eavinge and loan auooiations, insurance companies and mortgage
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banketa, tn no evant. shall any oecond mortllaiJ& or oth;or junior mo~tgaQO take priority over tho asoeoamont lien.
AB$ICLR YX - USR OF PROPBRTX
S.CtiM lt Prot&ptiyo coyanonts ,
A. llftddf!ntia\ II!Jfl• All property deaii!Rated aa a Liv.ln; Unit shall be uaed, illlprov"d and devoted exclua!vely to r<mioteftti!ll ""· !!"> hl\!.l'.ii"'J t!hall bot .,_,ted or f"'mlt:t<Od I:.Q ..-in on the Property other than one detachad aingle-faml.ly -lling not t.o exceed two stories in height. Said dwelling ahall have an ancloaed garage attached thereto to accommodate at least one car, llo business, profession or trade of any type, other than t.IIOI ~ntftl of a Living unit, shall be conducted on any portion of the Property, but this prohibition ahall not be applicable to DeV*loper with reapaot to its developn>.ent of the Property, construction And sale of Living units, and the use of Living Unite aa IIIOdel unite,
B. ~n Arfio and :rmpro\MJDAnte. The COllt!Don Area shall be maintained by the Association for the benefit of the owners of Living Units in the Subdivision and on the terma and conditions set forth herein. Developer has agreed with the local govertliiiGntal authoritiea that no part of the Common ~ea shall ba or can be dedicated or conveyed to the governmental authorities with the intent that, thereafter, the same should ba maintained by and at the expense of the said governmental authorities, the maintenance of aame baing the obligation of the Association as more particularly set forth herein unless the Association and Oacaola County agree to the maintenance obligations for the Common Area being assUD18<1 by an IISTtJ,
Section 21 Ind.mpnifiaation.
A, 'l'ha Developer ehall inden>nify Osceola County against and hold Osceola County ha~less from all losses, damages, ooata, claw, auita, liabilities, expanees and attorneys• fes11 (including those for legal services rendered at trial and appellate court levels), resulting from or relating to the maintenance of tha Common Area. Once the responsibility for maintaining the C01111110n AreA hila ahifted to the Association, then the Aseociation ahall :indemnify and hold Oaceola county bll%lllleaa flCOill dl loaaea, damages, costa, claillla, suits, liabilities, expenaes and attornaya• fallS (inCluding those for legal services rendered at trial and appellate court levels), resulting froo> or relating to the use, construction, or maintenance of the Common Area.
B. Osceola County shall ba a third party baneficiary of the 1118intanance and indemnification obligations required haraundor and shall have the legal right to enforce aaid maintenance and inden>nification obligations in a court of competent juriadiction. Neither the Developer nor the AsiiOOiation may llll<!tnd thia Declaration to remove any of the foregoing language pertaining to the IIISinl:enance and indemnification obligations provided for herein without the written joinder and consent of Osceola county att11obed to 11uch amendment.
Section 3 t Rent; ala ,
A. All lessees of a Living Unit shall comply with all raqui~te of tha Declaration, Articles of Incorporation and Byl""" of the Association, Notwithstanding the rental of his/her tJ.ving Unit, the liability of the Owner under the Declaration shall 0011tinua.
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Geotion 4• ~.IID.IJLII.
A. t!aah Liviny Unit, 11nd aU !mprov&l!\entu thorain or theroon, ehall be I!H>intal.ne.d by "aoh r,.speotiva Owner in IJOod order IMUi ropa1r and freo of dobria, In the event an owner of any t.ivin9 vnit. ohall foil to uintain the said LlVing Uroit, aa provided ~f the Aaaoo1at1on, after notioe to the awnar, a hall IUIVe th10 ril)ht to enter upon 11aid Lot to correct 1 >.-..pair 1 ~1ntain and restore tha Living Unit. All cu»•n r~la~~u to auoh correction, r.tpair or restoration shall be the personal obligation 0% l:ho t.1't'1n~ un1t Otnl!:>r am! "'hd 1 ,.,.,.,.,.., " H..., "'ll"''"'" the eubject Living Unit with the same force and effect of a lien created by the said ownar•o failure to pay assea~nta when due.
B. '.rhe Alaociation shall have a right and eaaall\ent in and to th8 land co~rieiniJ aaoh Living Unit in order to maintain aai!IQ in aaoorclanoe with thi& Section, and aal.d right and ease111ent ehall be a covenar.t running with the lancl as to each Living unJ.t,
Section 5 t Alll99iotJ,on Apnroyal 1 No construction, inoluding but not limited to, building, driveways, gutters, paving, ewimllling pooh, pool enclosures, sun d.eoka or other structures shall be .. reoted1 plac:ed, al teracl or commenoacl on any Lot until the conatz:uotion plana and apeoificationa and a plan showing the location of the atructure have been epproved by the Boftrcl IUS to quality of workmanship and materials, harmony of external design with existing atruoturea, and no to location with respect to topography and finish grade elevation.
S<OOtion 6 a Building Looation.
A, No building shall be located on any Lot nearer to the front, rear or side Lot lines than the min111\um building setback linea established by applicable building codas, statutes or othor rules and regulations established by Osceola County, Florida, or any other governmental entity.
B. All dwelling units (exclusive of breezeways, garages, open patioa and porches), shall contain a min!mWII air conditioned floor area per unit of 900 square feet.
86ation 7 t ABapqiation Review Of Fences and Changes to Liy.ina units.
A. No building, fence, wall or other structures, or landscaping alterations shall be commenced, eraotacl or maintained upon any Living Unit nor shall any exterior ohanqa or alteration be made or undertaken until the plana and speoifioations showing the nature, kind, shape, height, color, materials and location o£ the s...., have been submitted to the Board for approval. The Board shall have absolute discretion in ito approval or disapproval of any request submitted to it.
B, In the event said Board fails to approve or diaapp:o:ove euoh plana within sixty (60) daya after said plana and epeoificationa have bean aubmlttacl to it, approval will be deemed to have been given.
c. All requests for approval of such plana and specifications shall be mailed or delivered toa
ll'l'RAPFORD PARK AT BBAR BAY HOHI!omi'!RS' ASSOCIA'l'lON, INC, 2533 BogiJY creek Road
Kiastmmee, Florida 34744
or such other address as shall from time to time be claaignated by the Alsociation.
D. '.rha proviaions of this Section shall net apply to the Domaloper or Firat Union National Bank of Florida, by virtue
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--mill' I I ~R BK I 0 55 rGO 911}
of tho foJ:Goloaure or c1a<><1 in lieu of tho foreclooure ot the · Fh:11t Union lfortglliJe.
A!\'llCLI! Vll d !.!BI!BI\AL Pi\OVISIQNS
Seotlon 11 uuxation·
A, Tho eovonante, condi~iona and re&trict!onB ut tbie Deollu:ation Biulll o:un with and bind the Property for a te= cf thirty (30) year& froM tho date this D&alarat!on is recorded, nft.,l!"' w!liell t,.re\ they ehnll 1m "'""""'""i"•Hy f!~~ ~ ttUOOt>811ive peria.ie of l:o•n ( 10) year• each. 'l'hB number of ten ( 10) year r<~newal pariode hereund'>r ohall ba unlim!ted, provided, h<nnlver, that. there shall he no renewal of this Deola~:ation U d~ing tho last ~r of tho initial thirty (30) year period, or dndniJ l!h,. l""t y<~ar. ot ""Y aubaequent tan (10) year renewal period, seventy-five percent (7S\) of voting ~rs vote to tereinate this Ueolaratlon at the end of ita then current term.
l'l, This Declaration may be te>111inated prior to the axpirati~n of the initial thirty (30) year term, or prior to the expiration of any ten (l~) year extension period, only by the affizaativa vote of seventy-five percent (75\) of the members entitled to vote by person or by proxy.
Section 2t HwUf!qations. Declarant reaervaa the J:"ight to alter, amend, modify, change, revoke, or rescind or cancel any or all of the xestriotive covenants contained in the D&olaration, or hereinafter included in any subsequent Declaration, Any such &ubaequent or modified DeClaration shall conform to the General Plan of Development as approved by the osceola county Planning Co•m•t.aion and the Board of county Co111111iaaionera of Oaceola County, Florida, which relate to the portions of the Subdivision covered by this Declaration and shall conform to all FHA/VA requixemante,
Section 3 t Amendment •
A, Subject to the provisions of Paragraphs B, C &nd D of this Section and the provisions of Article VI - Section 2S, thia Deolao:ation may be all\ended by an inatrument firat approved and signed by a majority of the Board of Directors and aubllequently approved by seventy-five (75\) of the total votes ontatanding at said time. 'l'O be effeotive, all amendments must be filed in the Public Recorda of Osceola county, Florida. Unleaa otherwise specifically recited in said amendment, the effecti,. date thereof shall be the date same is filed in the Public Roao~ of Osceola County, Florida.
B. Until the first to occur of the events specified in Article III, section 2, this Declaration may only be amended with the written oonaant of Developer, unless said requi,.,....nt is tanlinated in writing by Develop .. r prior thereto.
c. Until such time u the cleede to fifty-one percent (51'1 of the Living Units are recorded among the Public Records of Osceola County, Florida, oevaloper shall have the absolute and unconditional right to emend or modify this Deolaration by xeaordation of an instrum$nt containing such amendment or modification without the joinder of any Owner or thB holder of any .ngap of any Living unit, provided that no auoh amendment or IIOdlfioation by Developer sholl materially affeot ony Living Unit or the rights of any owner or mortgagee,
D, Por ao long a a the Property is encumbered bY the Pint Union IIOrtgap, thi• oeolaration shall not be 1111111nded without tha written joinder and consent of Pirst Union National Bank of Florida ottaohed to such amendment.
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llection h illforatlt;jjot.. 'l'he JUiaoaiati<>n, Omcaolll County, the OQvQlgper, or any owner, ohnll have the right to enforce, by any proaoeding at lew or in equity, oll restrictione, cnndltiona. covenant.a, reRervatiune, liene o.nd olu.u:·g~s tulw t.>r hereafter .l.llllpoot>d by the provieione of thin D&claration, aa th6 same 1114Y oo 810ti>rulad and IIUiy recover euma doa for damagea, seek injunctive relief or any ce&b1nation thereof, including coats and attorneys• ftoeB tor tdal and appelleta reviO!II. ~·na Association altall h4va the right to suspend voting rights of any owner violating those covs!UIJ\to and reatriotione for a period not to exceed aixty ( 60) ~ ::lf'I:Dr e~ao:>t!on oi' =ntinuad v!nl,. .. ion, ""' !",... "~ ~"* Allaoohtion, OAceola County or th& Dsveloper to enforce any oova!UIJ\ta, reatriotl.ono or provisions herein contained shall in no event be deemed a waiver of tho right to do eo thereafter.
Beot.lon ~~ Should any oovanant, condition or restriction herein contained, or any Article, Section, subsection, sentence, clauee, phraae or terJO of thJ.,. ll<lolaration be claolared to be void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any court or other tribunal having jurisdiction over the part!ee hereto and the subject matter hereof, such judgement shall in no way affoat the other provioions hereof which are hexeby declared to be severable and which ah&ll remain in full force and effect.
Saotion 6 1 N9tica. Any notice required to be sent to any person pursuant to any provision of these covenant, conditione or reatricUona, will be affsctiva if such notice haQ been deposited in the united St4tea mall, poataqe prepaid, addressed to the person for whOlll it is intended at his last known place of residence, or such other address as may be furnished to the Saoretary of the Aaeooilltion. Tho effective date of the notice shall be the date o£ mailing.
section 7t Kunigipal Seryica Tftxlng Units~ In order to perform tha services contemplated by this Oeclaration tho Dsveloper and/or the Association, in conjunction with Osceola County, !'lorida, ma.y seek the formation of spacial purpose 10unioipal 88r\'ice taxing unite ( "NS'l'Ua•). The MS'l'Us will have reaponaibilitias defined in their enabling resolution which ma.y include, but are not limited to, maintaining roadway informational signa, traffic control signa, benches, trash r<~Ceptaclea and other street furniture, keeping all public roadways and roadside pecleotrian easements clean of windblown trash and debris, mowing, maintenance of drainage oanals, panda and structures, !DAintenance of designated landaoape areas, parka and the C01111110n Area, payment of anergy charqes for atroat and pedaatrian liqhta, and other services benefiting the Prorrty. In the event such MS'l'Ua are foro>ed, the Livinq Unite wil be aubjeat to aaaeeament for the coat of services performed within th& MS'l'U and peraonnal working for or under contract with osceola County shall hnve the right to enter upon lands within the Property to affect the services contemplated. Bach owner by aoquirinv a Livinq Unit within the Property agrees to pay every liiS'l'U uaeaiiJII8nt ilopoeed upon the owner's Livinq Unit in a timely llllllU\8r, failing which such asseslllll8nts and spacial charges shall be a lien upon such Living Units. The Association retains the right to contract with Oaceola County to provide the •ervices funded by the MS'l'Ue •
Section 8t Spaq!al Bxoeptiona and yariatioM. Unless the written consent of the Aasoo!at;.on is first obtained, no owner shall file a request for zoninq variation, spacial exceptions or aoning changes affecting or relating to the Property.
section 91 Singular. Plural and Gender. Whenever the contelCt eo peD!ita, t:ha usa of the singular shall include the plural and tha plural ahall include the singular, and the usa of any vender shall be deemed to include all gendera.
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Gaotion 101 l:n\taml!!.• 'l'lta caption•, if any, for each Article or Scotton ot thia Oaalaration are for cofivonionce and reforenoa ~nly and in no way def.ine, deacribe, extend or l~it the uaopa or intent of thiv Deoleratlon or the intent o~ any provision hB~f.
Section 111 Bff&Qtiyo Date, 'l'h!a Declaration shall become elieotiVG ~n ~ordation in the Public Recorda of O&aeola County, Plorida.
SQOtion 121 GQnBtruatioo, 'l'he provision. of this Declaration eMU tx!> Utor~lly eonnl:rttm! to l!lf~at.e 1 ~" t"'f"'""1'1., <'f creating a "niform plan for the operation of the Property,
Bection 131 lj'!!A - VA IIPJ?royal, Notwithstanding any other provision in this Declaration to the contrary, for so long as tllelfe b a Claee •s• -.benhip, the following aatioll8 will ~:eqUire the prior approval of the lj'!!A or the VAo
1, annexation of additional properties,
H., dedication or mortgaging of the COliliiiOll Area.
iii. amendment to this Declaration other than to correct ambiguities or conflicts, Approval of the FHA or VA should only be required if any mortgage encumbering a Living Unlt is guaranteed or insured by either of such agencies,
59Qtipn 14. Fines. In addition to all other remedies and to the N••mum extent lawful, in the sola discretion of the BoArd, a fine or fines may be illlpose<l upon an owner for fail~ of an owner to ocmply with this Declaration or with any rule or regulation, provided the followinq procedures are adhered too
A. Hoticao The Board shall notify the OWner of the infraction or infractions. Included in the notice shall be the date and time of a special meeting of the Board at which the owner lll&Y present reasons why fines should not be impOsed. At leaat six (6) daye notice of such meeting shall be glvsn,
B. Hearing• The noncompliance shall be presented to the Board after which the Board shall hear reasons why a fine should not be i.Jnpoaed. A written decision of the Board shall be aubodtted to the owner not later than twenty-one (21) days after the Board aeeting. If the impartiality of the Board is questioned by the owner, the Board shall appoint three (3) ~ial Members to a special hearing panel which shall perform the fnnotiona described in this paragraph.
c. Jlmounts of Finaao The Board (if its or such pi!Ulbl 'a findings are made aqainst the OWner) uy impOse special Assessments aqainat the Lot owned by the OWner•
1. First noncompliance or violation• in axoeaa of one Hundred Dollars ($100.00).
2. Second. noncomplianc:e or violation& not in excaae of Five Hundred Dollars ($500.00).
a fine not
a fine
3, Third and subsequent noncompliance, or violation or violations which are of a continuing natural a fine not in excess of one thousand Dollars ($1,000.00).
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B. GO~JU.ll_e..P.J. Finaa ahall b<l tr:<~atad ae an A&eesemftnt subj~t to the pro~iaiona for tho collection of AGaetoo..,ntB liiU eat forth harain,
Stlgtd,gg 16. h!.RDI. All liei'UI against a Livinll Unit, other thtm for p&~ttod aDri:IJAIJaw, taxes or opecial aaaea~onta, shall bO aaU.fiold or otba>:wiaa r-ved within thirty ( 30) <1<1ya of the> d<lto tho lisn attachaa, All ta""" end epecilll aoeesolliQnt& upon a Living unit shell be paid before becoming delinquent.
l\, notlt:§ ol! x.truu II Living Un! t 0\m<>r nh" \\ <Jl . .,.. notice to the Aaeociation of every lien upon hie Ll~ing Unit, other than for permitted IIIOrtgagoB, taKes and apecial a.eea~ta, within five (5) daya after the attaching of tha lien.
B. Notice pf Suit• Living Unit owners shall give notice to the Al!eociation of every suit or other proceeding which will or may affeot title to his Living Unit or any part of the l'%0~YI aucb notice to be given within five (5) days after the Living unit ONDer receives notice thereof,
C, Failure tp Cmply• Failure to C0111Ply with this Article concerning liens will not affect the validity of any judicial aale.
ARTIC'·' VIII ... SPECIFIC PROYJSIONS
Section 11 Tfm!mrorv Build.tnos. No tents 1 carports, shaCks, or temporary or acca .. ory buildings or structures shall be erscted or permitted to l<eMllin on any Loti provided, howavsr, tha foregoing shall not restrict or prevent the construction and maintenance of temporary sales models and such other temporary facilities aa are essential to the development, construction and aale of tha hous!ng facilities created, and provided that auoh are in compliance with appropriate govarnm&ntal requirements applicable thereto.
Beotion 21 lf.lnd!!WJ! and Glaaa poora. No owner shall be permitted tc place tin foil or other covering (except for draperies 1 blindll 1 or other window treatJnent as seme are comentionally defined by decoratora) upon any windows or sliding qlasa doors in bia Living Unit, nor shall said owner be> pe~tted to tint any windowa or aliding glaea doors in hia Living Unit without first recaivin<;~ tha written approval of tne Board.
Sec~ion 31 Oil nnd H.lnina Operation•. NO oil drilling, develop!118nt operations, refining, quarrying or mining oparatioruo of any kind shall be permitted on the Property, nor shall oil vella, tanks, tunnels, mineral excavations or ahafta be pex!nitted on the Property, No derrick or other structure deeigned for uae in boring for oil or natural gas shall be erected, maintained or pentitted on the l'%0pe:rty,
Section 41 Liveat99k and Poultrv. No animAls, livestock or any other aniaal not c01111110nly coruoidered Houaehold Pets shall be raia..t, bred or kept in or on any Living Unit. No 110ra than tbrae (3) Household Pets shall be kept in or on any Living Unit a~> any ons time, except that more than three (!) flab will be ~ttad. under no oiroWIIBtances shall any c011111Broial or .Juaineaa antarpriaaa involving the usa, care or treatment of an.f.aals be conducted in, on or around tha Living Unit. All pexaitted Houaahold Pets shall be kept on a leash when not on or 1n the Living Unit and no Household Peta shall be allowed to roam unattomd..t.
Saotion 5• 'l'rAI!h and Garbage. No lumber, matala, bulk Mteriale, refuae or truh ahall be kept, stored, or allOIIQd tc ~ate on the lot except building a~ateriala during the courae
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of constnotiop, of any app>:oved otxuotu.:a, lf trash or other &~fwoo ie to be diopoaud oi by beinQ picked up and carried away on a regula~ and recurring baeie, containers may be placed in the opon on any day that pickup ie to oo 10Rde at ouch place sa will bia acu...,dble to poruone ou•king euoh pickup. At all other. tlmea, ouch aont.&inero ohall bo Btored eo that they cannot bo aeon f1:om t.be eb:Gat or b::OI1I eurc\U\ding property and shall ba kept in a o loon Bnd a ani tary a and i tion •
Sactlon 71 Commtroiol Trugks, Trailers and Boats. In order to lll!lintain the high standards of the subcliviaion with respect to reaidential appearance, no trucks or commercial vehicles, boats, house trailers, unlicensed or inoperable vehicles, boat trailers or trailers of avery other description, including campers or any vabicle regbterad RV, shell be penitted to be perked or atorod at any pla""' on the Property except during the period of conatruction by the Developer, nor shall any motor vehicles be perked on any portion of the Property for the puxpoae of repairing or lllllintaininq the same. The prchibi tiona in this section aball not apply to the temporary parking of trucks and c011111ar0ial vehicle• for pick-up, delivery and other commercial services, or to pick-up trucks for personal usa of any owner to a IIIBI<imwll of three-quarter (3/4) ton capacity.
Section Sa Antonnn. No satellite dish, television or radio antennae or tower or similar device shall be conatruot&d on any portion of any Living Unit,
secuon 9o Baal Batate Officas. No Living Unit a hell be ueed for a real estate office, except that Pavaloper, Southeast Bank or any successor in interest to Southeaat Bank by virtue of foreclosure of the Southeast Bank Nortgega or by virtue of a deed in lieu of foraolosure, shall be able to build and maintain sales modale end officea.
section 101 Pahting. No Living Unit or portion tl".ereof, whether now or hereafter constructed, shall be painted except in the alllll& aolor sa aaleotad by the Developer, unless a different color is approved by the ll<>Ud.
section 111 liJJinll.. In order to insure a harmonious effect aa to tlle overall erpear~U~Ce of the Property, no signs of any type Bhall be diaplayad in any Living Unit where same 1a visible to tlle outU<Ito thereof, or on any portion of the Prcperty, Thia aball include, but not be limited to advertiaements and aolicitationa, 'Por Sale" or •Por Rent• signs will be perlllitted only if they do not exceed two feet ( 2 • ) by t"" feet ( 2 •) , llotttitlletanding anything to the contrary contained herein, this prohibition shall not apply to the Peveloper, ita eucceaaors or ualgna, ao long as the Developer retains title to any Livinq unit.
section 121 Chop!!! of B1evation, No sod or topsoil shell be xamoved f~ any portion of a Living Unit without permlaaion fxom tho Developer or the Boatrd. No alulJIQ& in elevation of any LOt llilall be made without protecting adjoinin!J lots fro11t surface W6ter ckainage caused by the chanqe.
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ll&<ltJ.on Ua OUtdqo>; Clgthog Dning. Outdoor clothes dcying aot.l.vitJ.ea aro he,eby prohi ited and no euoh aotivitioo shall ba con4uotG4 on any portion of any ~iving Unit.
86oU.on 141 lllli!R""!IID9nt• Xn Addition to tha navelopor, the Au•ooiatiQn i~ horeby granted an ea.ement over the Living Unit of each Owner fo~ tbo purpooe of enforcing tha provisions of thia ~>.iul .. , IUid -lf \IU U!,><>ll tl1 .. lou" o( .lllJI Q,me>: \.0 >:"'40'11~ O>: ~pair any violation of these provisions. ln tha evant that the Developer or the Aasociation1 after notice to thfJ Owner of MY v.l.o\ .. u ..... ftftd tl\e Oome"'" fan .... to cure the ·-· ctoea in fact oxexcioo ita right to c~ said violation, all costs incident to aaicl action by the Developer or the Assooiatic>n shall become tho personal obligAtion of the Owner and shall ba impost>d "" a lien against hie Living Unit in the e&me 8lllllller as if said sums represented monies due for unpaid asaee<nenta.
Bootion 151 vtilitf Baaamant•• Baeemonta for instalLation and maintenance of uti~tiea and draina~e facilities are reserved as abown on the reoorcl&d plat. Within these eaeemento, no atruotura, planting or othcor materl.al shall be placed or peraitt&d to remain which may damage or interfexe with the installation and maintenance of utilities, or which may change the direction of flew of drainage channels in the easements, or which -y obstruct or retard the flew of water through drainage chatmela J.n the easements. The easement area of each Lot and all ~vaMenta in it shall be maintained continuously by the Owner of the Lot, except for those impro......,..nts for which a public authority or utility company is responsible and the easement are&ll cleaignatacl as landscape and utility easements at the rear of thoa& Living Unite that abut Dart Bouleva~ and are designated as Common Area herein.
Beat ion 161 Agqesa BAsements, J)aveloper hereb}• urants to the Aeeociation, ita eucceaaora and aaoigns, a perpetual eKolusive access easement to the landscape and utility easement at the rear of each Living Unit that abute Dart Boulevard to install, replace, maintain and repair the COllllllOn Area.
Section 171 Pencea, Wolle, and He<laea. Any fence, wall or hedge erected or maintained on any Living Unit must be at least fifteen feet ( 15 •) to tho rear of the nearest front extremity of the building thereon and shall not be at a height qreater than sia feet (6 •). All fences, walls or hedges on any Living Unit •mu•t be approved in writing by th~ Association prior to construction or planting.
Section 181 cuualty. ln the event any dwelling shall be partially destroyed by fire, an act of God or other casualty to the extent that repairs can be 11ade to the dwelling thereby reatorinq it to substantially the souae condition prior to such loss, the Owner shall, with diligence, after any such loea take tho necessary measures to restore the clwa1ling unit.
In the event any dwelling unit shall be destroyed beyond repair by fire, act of God or other casualty, the Owner shall, with clue diligence, either restore the dwelling unit to substantially the same condition prior to auoh loss or clear the lot of all rubble and debris and, thereafter, until such time as a -lling unit is erected ther&on, provide for the 110nthly aaintanance of said lot to ensure proper landscaJ1ing, 11111intenanoe and upkeep, Restoration or reconstruction muG't ha!lin Within six (6) 110nthe of the partial or complete destruction.
Saot.lon lSo Parking. All vehicles of any OWner must be perked in the driveway and garage of the Owner• a Lot. Owner• s vehicles aball not be parked on the Lawns of any Lot nor shall any Owner'• vebJ.olea be parked on the streets of the Prope~ty.
llectie>n 201 t!olUUIIJUJ£<! of L!lndpcoped Arllll. All landaaaped ereoo, inoludlng without l~itation, lawns (to thQ povod pUblic li."'t.dw&y) 1 Mball be roaintftinlld in Uv«o, heAlthy and v.:ovlng cOli<U.t'.ion, PJ:OP"dY watertid and trimMed. Any planting of vraos, alu:ube or tli!QU which l>eo<lro0 dead or badly damAged shall ba ~l~cod with similar, eound1 healthy plant materiala.
lleotion 211 L!.mitf!d Acgoga Blqhtp, The Living Unita that. abut Dftrt Boulevard ahall be constructed in euoh a manner that they 'Ot1.11 ·""t! ~ """" ~~ ,....,. ..., """" "" _,. ~M) 1. h<l-60Ce8B to hie Living Unit from Dart Boulevard.
Beotian a21 ~ No window air conditioninv units ahdl be permitted.
fleCtion 331 L1gb£ry· No extedor liQhtlniJ fixtures shall be !ut.alled on any v ng Unit without ad•quats and proper sh1el4in; of f.uturea. No llvhting fixture ohall be installlld that ay be or bea01110> an annoyanoe or a nuiaance to the reaidente of aurroundinv Living Units.
Seotion 2h SJsota Boar!l BNJIP• llO skate board ramp shall be allowed on any L\vlniJ Unit,
Seotion 251 Bga!catbal,l Hoopa. All basketball hoopa shall be erected at tba 1..,.., of the Living Unit.
Section 2&1 Acoeaa rights from Block 313 and 316 onto Dart Boulevard are hereby d<ldicated to th" perpetual usa of the public for -.:vanoy vehicular ae.-vicaa only.
section 27t TJ'aot "A". Tract "A" J.a reserved for conae.rvatiou. and i• to be owned and maintained by thQ Strafford Park at Bear Bay 1101180Wnere • Aaoooietion, Ina,
Section 281 Tr40t •s•, 'I'raot •s• is reserved ae buffer and open apace end is dlldioated to the perpetual use of the Public,
section 29a 'l'r4Ct •c•. !'raot •c• is reserved for drainage/retention, open space and park sits and ia dlldloated to the perpetual use of the Public.
Seotion 30a Traqt •o•. Tract •ou is reserved as a park site and ie dedioated to the perpetual use of the PUblic.
Section 3la Tract "I". Tract "B" ie reaeJ:V8<'l for additional r1Qht of way for Dart Boulevard and is dedicated to tbe perpetual uae of th• PUblic ,
Ht IN WI'l'lill!SS WHBBBO!', the un~"""ign•<' Developer hae hereunto
ita hand and eaal this ~day of 5errt-. , 1991, r LANDS'I'AR DBVBLOPiiiBN'l' CORPORA'liON, a !!'lorida
~~~fl:!i. ~~~~~~~<../== corporation
14
...
BI 1H- I~*• iII ilRO~I 055 PG098 6
Wl~BS ~ hand an~offioial oaal in the county and State lett afe>x:esaid this ~ day of .S Q{JAAil.t A , 1991.
J.r#~~I~ta ffit~ra-11¥ c-iaaion BKPire•• At Large
Print or Stamp Name of Notaxy
15
8 $AllAH loiiM QIUIIJI .. ~,r __ ",i)f..,...,-
.roiNmlR Al!J) COl!9ENT BY I!OR'MP.GBB STRArFORD PARK - PHASB \ ie prunontly oncumbe~d by o
MortgAge to Firat Union N11t1onal Bllnk of f'l()ricla (the 'Mortva;.a•) whloh Kortvave waa recorded on February 14, 1991 in Official 1\eoorda Boo!< 1004, at Pave 604 1 Public ae~orda of Oaa1101a County-, Ulo:cida I the 'llo>:t\IA!18') •
Mort;ng$8 hereb~ oe~t1f1es that it is the holder of the Ko~;age and hereby joins in and consents to this Declaration ot Cuii<i•ulu•t6 lll'!d llclat.>lctltma for !l'1'lUil"t"'I1D l'JIIll( ·· l'!!ll1ll': 1 (tln' •Doalaration'), Tho Ko~ga;ee or ita auacesaora and/or aoaigns in 1ntar6at by virtue of forecloeura of the Mortgage or the taking of a deed in lieu thereof shall not asaume any reaponaibility or liability unde~ this Dacloration unleaa apac1Uoally asaW!led by an inat,.,..,nt in writing and recorded in the UUblia Reco~s of Osceola County, Florida.
IN WITNKSS WHBRBOF, the undersiqned baa cauo~~seb pruanta to be duly executed thia k1 -J'<. day of ~m .e r , 1991.
sealed and delivered oft
STATB OF FLORXDA COUII'l'Y 01' 1>AO(.
·: ,_ ...
16
.Je~l 055 PG093C
t X H 1 B l T II A »
A po~tion of Sact1on 6. Tovnehlp 2' South, Ranso 30 East, Osceola County, Floridn, b•l~ \iUl:Q Cully du.:ribed tus £oll.;.waa
!tgln at tha Norrhveat c.orne~ of "RAIHlltSt PARK - PRAS£ 111 • accol'd!ns to the Plat i:Ml'Hf, M reemde"' .._., tl\fJt l'nflk , Pa~ , l"ub1.1.'"' ~""""'" (lf ~\~ CGunt)Je PloT14al thaac:e S 09.S7 1 14 11 E1 alons the W'eatar).:J' bo\lndary lin• of said 11AAtftREB PARK .... PttASt 111
• a dietance of 661.76 feat to thft South\rut comet thoreof; thence continue S 09"57' 1411 E., 304.07 feuq thence S 41 6 11 10411 E., 2&4. 93 feat to a po:lnt on t.he Northerly right of vay line of ))art Boulevard as teoorded iD Official lacorda Book 952, Page 84S, Public RAoor-d.a of Oacaol.A Cou\\ty, Florida& thenea along the Northerly "right of way line ot said Dart Boulevard t.ha followiny, two (2) cnuraea and diMtanoee; S 48°48' 56" w. • 307.43 feet to a point of eurvatuTe of a curve concave Norther!~, having a radius of 2340.00 feet& thence l"lln 1398.49 feU alona tht arc of aa1d curve tbru a c:entral uale Qf 34 4 14'3)11 to a point on said eurve; thenee M 06.56'3111 w .. U.OO feet to a poiat of curvature of a non-tangent curve, concave Northvaatedy, havina a rAdius of 2.5.00 feet and a central a1\gle ot 92.42 1 4011 ; thence fr011 a tonaent bo:ar:l.na of N 83°03'29" B., run 40.45 feet alons the arc of aai.d cune, to the point of taagency thareof; thence N 09°39 1 11 11 w., 75,09 feet to a pobt of ~rvature of a curv~ concave Southwesterly having a radi~a of 25.00 feet and a cent<ral anale of 87.11'.51", thence run 38.05 h:at along the arc of uid curve to the •nd thereof; tbeno.e N 07.23 1 2611 E, 51.62 feet to a point of curvature of a non-tanaent cuna, concave Northweeterly, having a radius of 25.00 feet and a centl'•l &n&le of 87.ll'S311
; thence froa a tangent bearina of N 82.48'40" E., run 38.10 feet alon& arc of aaid curve to a point of compound cut-vature of a cut-ve, haviug a radiua of S30.01 feet and a cenual angle of 33•oe•sen; thence run 306.64 feet along the ~c of aaid cul'Vt tP the point ()f tanaenc:y thereof; thence N 37.39'11" w. • 33.41 feet to a point of curvature of a curve, having 4 radius of 325.00 fett &nd a centrul angle Of 36.46'03"; thence nm 208.56 f•et alo».g t.he a"tc of aa:l.d curve to tba point of tangency thereof; thence: N 00•53 1 08" \1, 1 8.91 feet to A pobt of cunature of a curve, concave Southwstel'ly, havins a "tad:Lus of 2S.OO r .. t and a central angle of 68.42'37"; thence run 29~98 feet along the a"tc of n:l.d eurvo to a po:l.tat of reverse curvature of a curve, hav:l\\& a radius of 150.00 feet and a centl'al angle of 07.44'46"~ thence run 20.28 feet along the aYe of aa:l.d curve to tb4: end tbel'eof& thence N 28.09'00" E., 50.00 feet to a point of curvature of a uon-cu.a•nt curve 1 concave Nol'tberly 1 having a 1:adius of 100.00 teat and a central anale of 21.47 106"; thence fr0111 a tangent beat:'in& of S 61°51'0011 E., N'A 38.02 f••t dona the a-rc of uid curve to the end tbeTeof; tbenee N 06•oo• 44" E •• 114.43 fettl thence N 02•1s•o3" E., 1008.16 feet 'to • point on the hrtb line of Nid Section 6; thence N 89°54'4011 E. 1 along the North lin• of said S""tion 6, A diotance of 12S9.S4 fHt to the POiliT OF BEGl.JINUG,
FIUD. R£COIWEI) ~D RECORO"ERiflE[l
MEL W/[LS. lh ;u< CIR. CT OSC£0< "OliN"
BY---KL ' '
...
c.n c.n
N
' "'
. . ... . . . '' aRBKIIOO PGI i 12
~ by and reao:r:ded copies llbollld 1>a sant to• Mildred S. Cxowdtn:, Esq. IIIBIS!!Ql!LD ' ASSOCIM'BS, P.A. 501 Briolcall l(ay Drive, Ste. 300 Xi~, Florida 33131-2608
AMIDlllliBll'l' !1'0 JU1D SUPPLIDIBNTJIL DBCLARA!l'IOII 01f COVlDl&IITII llllll BRB'l'RICTIO!!S FOR ST!lAPVORD PA!lK - PBASB 1
~~~~~~~;~ to and SUpplemental Declaration of covenants ~ fo>: Strafford Park - PhAse 1 ia uda this &911-
"':-.=' 1&92, by LAnda tar Davalopaent CorporatiOn, a (~ainaftar referred to as "Developer').
WSIIRBliB, Developer recorded a Declaration of covenants and bstriotiollS for Strafford Park - Phase 1 on October 8, 1991, in Official ~ords Book 1055, at Page 972, of the iUblic ~ords of Osceola county, Plorida (the 'Deolru:ation') 1 and
'lilllllU!AS, through a sorivenax•a erxor, a pxovision all<llfing thA Developer to subject additional property to the DeClaration was DOt inolnded in the Declaration) and
'lilllllU!AS, Developer desires to subject the property moxe particularly descril>acl on Bxhibit 'A' attached hereto and incorporated herein by this reference to thA texms and oonditiona of the Declaration,
IIOw, !I'I!IIIUIIIORB, the Declaration 18 -ndad as :foll<llfat
1. Section 1 and 2 of Article II are deleted in tbeir entirsty and thA following' is substituted therefor•
Section 1• !t'he Property subject to this Declaration constitutes a portion of the J!ellr Bay Village PllllllMid Vn.l.t Devel.qaent located in oaaaola county, lllorida. '1'he Developer intencs. to develop the Property in accordance with the Jraster Concept Plan fox Bear Bay Village. Additional real property abown or ....,._....ed by the XUter Concept Plan, may, but ia not requixed to, be added to the PrOperty subject to this Decluat1on by an I'JM>Ill!mant hereto which shAll inolnda the da8cx1pticn of snob additional xeal property and which submits the additional lands to thA prav:l.dons of this Deoluat:l.on. !t'he addition shall OOOIU' within thirty (30) years from. the date thA1; thitl Daolaxatiop. :!.a recorded. Such additions may be annell&d by the Developer provided the annl!lllltion ia in accsoxd with the l!aster concept Plan and this Daoluation as the same shall have been mocl:l.fied and awroV9cl fX<llll ti:lle to ti:lle by awlicabla governmental authorities. '1'he .....-nt shall he """""ted by the oavelopsr without requiring the :Joinder and consent of any 0\mer. !t'he e"""'rtment, when reoo:cded in the Public ~ords of osceola county, Florida shall bring the additional property under the pro'l'iaions of tbia DeClaration.
2. Developer declare that the property 110re particularly desoribed on Bxhibit • A • attached hereto and J.nooxporated herein by this reference, which will be platted aa Strafford Park - PhAH 2 shall be held, transferred, sold, conveyed and occupied aub:leot to the OOftiWlta, reltrictlana, eaa....ants, oherges and liezla IUit forth in the Decla:cat:l.on.
This Supplemental Daoluation shall baoCIIIB effective upon filing among' the Public Raclcrds of osceola county, !!'lorida.
JRBKIIOOP61713
IN IIITNBSS liiiBlU!OP, the undars!IJ119d Developer has sat ita hAnd and seal. this ~qJh day of fJc;/qb4A , 199.2,_,
8TA'1'B 07! PLORXDA comm OJf /l'K'!?QLA
I.ANDSTAR,PI!'rr COlU'O!W4'X.ON, a. J rida oorpor~o~ ._____.. By• (jjJS__ . . .
Nam&l CArl Palmisciano .• · · .. . .. •' ~
ADDIUISSI
.The foraqotng instrument wall aclcnwladged before · me this tlqli= day of~b PA , 199A,_, by Carl Palmisaiano, as Vi.ae
PreSident of Lan staz: DeveloPII'Gnt Corpo:r:ation, .a, Plo:r:ida corporation, on behalf of the corporation, Be is paraonally known
to 1118. ~{),;.f).A_ ~ . ()A..
[ HOTARIAL SKAL] 'l'ype o:r: ,II up ame o iotou:y
NOTARY 1'UBLIC, State ~rldA at Laxga
!5/IR/tlf ftP.UtJ f.1L~A.i ·
Cillliiillss!on iliilliber of llotary
MY ~aaion BxPirea•
.. "JRBKII UIJ rtit II u,
JOINQBR AND CQNSBNT
S~B'ORD Pl!.ll!: - P!IASB 1 is presently enotllllbered by a Mortgage to Piret onion National ~ of P1oridll lthe •Mortgagee•) which Mortgage was recorded on Pebruary 14, 1991 n Off.l.oial R&oords Book 1004, at Page 604, Public Records ot Osceola County, rlo~ida as furthe~ modified by MOrtgage MOdification Agreement recorded on October 1 1 1991 in Official Records Book 10331 at Page 2126, Public Records ot Osceola County, Florida (the 'Mortq~ge').
Mortgall"" her&!: certifies that it is the holder of tb& Mortgage IU!d hereby otns in 11nd consents to this Deolaration of Covenants and Rest~ otions fo~ S!l.'RAPFORD PARK - PBABB 1 (tb& 'Declaration'). The Mortgagee or its succeaao.:s and/or assigns in interest by virtue of foreclosure of the Mortgage or the taking of a deed in lieu ther&af shell not USWQQ any responsibility or liability under this J>eolaration unleu speoifioslly assumed by an instrument in wrtting and recorded in the Public Records of osceola County 1 Plorida.
IN lll'l:NBSII WIIBIUIOP 1 the \Uldarsigned ~8 Cll)l&ed tb&se presents to be duly executed this :?'1'i day of ~"mu<-- 1 19~2·.·
Signed, sealed and delivered in the presence of1
~n~·~
8'.1:~ OP FLORIDA ) COWl'Y OP DADE )
. .. : ··:i::l ·. ,•
AA 723805 cOiiiliilssloliiid Name of Notary
lly Comission Bxpirest
Ji'~TAAt PU5LIC $T.\TE Of FLORIDA "' tO>"<t<itOH E>P. M<>V.I4,119& 20!«0 T~U $£X£AAl. JttS. 11110.
·· ...
• I • " • . , .. ' .. .1non1 1 vu •o1,1 1 v
EXHIBIT "A"
LeGAL DeSCRIPTION
A PORnON OF SI:CnON 6, TOv.NSHIP 25 SOUTH, RANG£ JO tAST, OSCEOLA COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
BeGIN AT THE: NORTHI'ifST CORN[(? OF LOT 1, BLOCK 315, "STRAFFORD PARK - PHAS£ 1', ACCORDING TO THE PLAT THCRI:OF, AS RECORDED IN PLAT BOOK 7, PACES 52 AND SJ, PUBLIC RECORDS OF OSC£'0LA COUNTY, fLORIDA; TH£'NC£' RUN SDUTHE:RL Y AWNC THE: WF;STE:RL Y BOUNDARY L/NE:S OF "S'fRAFFORD PARK - PHASE: 1", THF: FOLLDI!ING COURSfS ANO OISTANC!S; THENCE S. 06' 00' 44" 1'1., 114.43 FEE:T TO A POINT ON A CURVC:, CONCAVE NORTH£A5l!RLY, HA\11/G A RADIUS or 100.00 FEF:T; TIIENC£ FROM A TANC£NT BF:ARING or N. 83' JB' 06' W. RUN 38.02 FW ALONG TfiF: ARC OF SAID CURVE TfiRU A C£NTRAL ANGLE: or 21' 47' OS" TO A POINT ON SAID CURVE; rH£'NCF: RUN S. 28' 09' 00" W., 50.00 ff:ET TO A POINT OF CURVATURE Of A NON-TANGENT CURVE, CONCAVE HORTflfASTERLY. HAVING A RADIUS or !MOO FE£'T; THENC£ FROM A TANGENT BeARING OF S. 61' Sf' 00' F:, RUN 2D.28 FEE:T ALONG THE ARC OF SAID CVRVE THRU A CfN711AL ANGLE: OF 07' 44' 45~ TO A POINT OF REVERSf CURVA1UR£ OF A CUR\f, HA V/NG A RMJIUS OF 25.00 ANO A C£N711AL ANGLE: OF 68' 42' Jl'; Tf/F:NC£ RUN 29.98 fW ALONG 7HF: ARC OF SAID CURVf TO TH£' POINT OF TANC£HCY THI:RE:Of; THfNCE $, 00' iiJ' 08" E .. 8.91 rE:E:T TO A POINT OF CUR VA TURI: or A CUflVE, CONCAVE HORrH!ASrtRL Y, HA \1NG A RAOIUS OF J25.00 FEET AND A CF:N'fflAL ANGLE OF J6' 46' OJ"; rHENC£ RUN 208.~6 mr ALONG 7111: ARC OF SAID CURVE TO THE POINT 01' TANC£NCY TfiEREOI'; TflfNC£ S. 37' 39' H" 1:., JJ.41 F£ET TO A POINT OF CURVATURE: or A CURVE, CONCAVE SOUrH»FSTERL Y, HA V/HG A RADIUS OF 530.01 FE:I:T ANO A CF:N'fflAL ANGI.I: Of 24' 44' 40'; rH£1/CI: RUN 228.89 FEET ALONG THE ARC Of' SAID CURVE: TO A POINT ON SAID CURVE; THE:NC£ DE:PARTING SAID 1\fSTf'RLY BOUHOARY LINe Of 'S711AFFORD PAliK - PHAS£ 1", RUN S. 77' 05' 29" W., I IJ.97'F'ff:T; TH£NCf N. OD' 07' 06" 1'1., 20.50 FEE:T; THE:NCE N. 1J' 46' 12" W., 58.90 FE:E:T; THENCE N. 28' 48' IJ" 1'1., 79.2J FEET; rH£1/CE: N. 46' 4J' J6' W., 8J.62 FEeT; THENCE N. 21' JJ' 17" W., 224.86 FfE:T; THENCE: N. 00' J4' 44" E., 109.29 FfET TO A POINT ON A NON- TANC£NT CURVE:, CONCA If SOUTHWf.'STf.'RL Y, HAVING A RADIUS or JBJ.11 Ft<T; TH£1/CE FROM A TANGENT 8£ARING OF H. 76' OJ' J2' W., RUN 41.69 m:r ALONG rHf ARC or SAID CURVE 7HRU A C£N'fflAL ANGLE: OF 06' J4' 44" TO A POINT ON SAID CURVE; THE:NCf: N. 07' 21' ·f4" E., 19D.6J m:r; THENCE S. 80' 24' 17' £,, 48.66 m:T; THE:NCE: S. 6J' 49' 00" E:., 120.21 rE:E:T; THENCE: N. 72' 5J' 1J' E., 18.qa FEET TO A POINT ON 1H£ AFORf:SAID »FS'IERL Y BOUNDARY UNE: Of' 'STRAFFORD PARK - PHASE: !"; THtNCt S. 02' 18' OJ" W., ALONG THE: IIE'SrtRLY BOUNDARY LINE THE:RE:OF, 26.51 FEET TO Tfl£ POINT OF BEGINNING. ' •
CONTAINING 2.07 ACRES MORE OR LESS.
I . ..f' ••
'
FliEn, R€00Rl>ED AH0 R!COf!1l VEII!flm
MEL Wlta. .m.. CU< Clfl. cr.
BY~ D.C.
'
..__:.:-,:\ ,.~
· 1, ryi~'J/93 .,.;·
14:25 VS:lifED: ~~:::.:J~; :=J...:!\: cc:.: lSS7'R = 93-032198
... Prepared by and recorded copies should be sent to: Mildred S. Crowder, Esq. WEISENFELD & ASSOCIATES, P.A. SOl Brickell Key Drive, Ste. 300 Miami, Florida 33131-2608
SUPPLEMENTAL DECLARATION OF COVENANTS AND RES'l'RICTIONS FOR STRAFFORD PARK - PHASE 1
Reoerved
This Supplemental Declaration of Covenants and Restrictions for Strafford Park. - Phase 1 is made this tO~ day of 3-e\XJ>Ac~ , 1993, by Landstar Development Corporation, a Florida corporat·on (hereinafter referred to as ''Developer"),
WHEREAS, Developer recorded a Declaration of Covenants and Restrictions for Strafford Park - Phase 1 on March 6, 1992, in Official Records Book lOSS, at Page 972, and an Amendment to and Supplemental Declaration of Covenants and Restrictions for Strafford Park Phase 1 recorded in Official Records Book
10&5 ,at Page D97 3 of the Public Records of Osceola County, Florida (the "Declaration"); and
WHEREAS, Developer desires to subject the property more particularly described on Exhibit ''A'' attached hereto and incorporated herein by this reference to the terms and conditions of the Declaration (hereinafter referred to as the "Property").
NOW, 1'HEREFORE, the Declaration is amended as follows:
1, Developer declares that the Property, which will be platted as Strafford Park - Phase 3, shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens set forth in the Declaration.
This Supplemental Declaration shall become effective upon filing among the Public Records of Osceola County, Florida.
IN WITNESS WHEREOF, the undersigned Developer has set its hand and seal this /D '!!- day of }if(VCl(\1 , 19 9 3.
Signed, Sealed and Delivered in the presence of:
I ·.· .... :.
LANDS'l'AR DEVELOPMENT CORPORA'l'ION,: ·;·· : a Florida corporation -· --:.;: ·.:··
'· . ' :-
Cl:~::tli~ PriJJ or Type Name
Cc:?n~Ui:__/ ~o/4-r-,"-" lAm 12 rtJ d T lz u 01 12 s a ilL Print or 1'ype Name '
2S33 Boggy Cre~Y Road ~ ~ Kissimme/}Flor a 34744 . ··: ... -:
By : it~ _____________-- : : . ·.·
: ·::
Name: Carl
Title: Vice President
~·'
JOINDER AND CONSENT
STRAfFORD PARK - PHASE 3 is presently encumbered by a Hortgage to First Union National Bank of Florida (the "Hortgagee") which Mortgage was recorded on February 14, 1991 in Official Records Book 1004, at Page 604, Public Records of Osceola County, Florida as further modified by Hortgage Modification Agreement recorded on October 1, 1991 in Official Records Book 1033, at Page 2126, Public Records of Osceola County, Florida (the "Mortgage")·
Mortgagee hereby certifies that it is the holder of the Mortgage and hereby joins in and consents to this Supplemental Declaration of Covenants and Restrictions for STRAFFORD PARK PHASE 1 (the "Declaration"). The Hortgagee or its successors and/or assigns in interest by virtue of foreclosure of the Hortgage or the taking of a deed in lieu thereof shall not assume any responsibility or liability under this Declaration unless specifically assumed by an instrument in writing and recorded in the Public Records of Osceola County, Florida.
IN WITNESS \VHEREOF, t.h~ undersigned has caused these presents to be duly executed this .?'='::~- day of MCV.d , 1993.
Signed, sealed and delivered in 1he
1
presence of:
1 ct<(,u .ac+
Print or Type Name
STATE OF FLORIDA COUNTY OF
FIRST UNION NATIONAL BANK OF FLORIDA 201 Sout Hiami, 1
Biscayne Boulevard rida 33131
By: __ ~~~rt/~11---~~-=~~,~~--Name: Title-,--~~~~~~~~~~~---
' . .. '
•" /·'·
.. : .
The foregoing Joinder and Consent by Hortgagee was'' acknov:ledged before me th.i,s ·:"'c/ day of ({(ci< c.?. , 1993 by c?rLe.-<.-1- /)/ . .Lloc'-as firer> /f,/·.u·cl.o,,f , on behalf of First Union National Bank of Florida. He is personally known to me. 1
2 " I /(i;ci:_'..___L /L c ~-'1--
.....
·,.
<.
·):_;-
NOTARY PUBLIC, State ol£ Florida at La;-ge
-) (_'' ;~a. r 1 /1 0 .c2. L( n· '- r
Print or Stamp Name ot Notary
J1y Commission Expires: •·o ' • 0 o ' '- • f ;•: ,- ' • :--A
l .. BOOK PAGE
STATE OF FLORIDA COUNTY OF (),:.,Q(QLA
GA • ') t_;l)._
The foregoing Supplemental Declaration of Covenants and Restrictions for Strafford Park - Phase 1 was acknowledged before me this /D'fi- day of %coar-f , 1993, by Carl Palmisciano, as Vice President of Landstar Develo ment Corporation, a Florida corporation, on behalf of the corporation. He is personally known to me.
~BLQe\tQ~orida at Large
:5/f£ fiH lrN 1U G-t L!IUf-N Type or Stamp Name of Notary
[NOTARIAL SEAL] Commission Number of Notary
My Commission Expires:
.t'J..;&)':i'i'!!;J;~, SARAH ANN GIUJAN . :.. . . ! ;.:_1. J{:- lJY COMI.IlSSfON D;PIIU:S \;';~ 1 r""' July 30, 1994
... ,.,"_.."? l'ONDED lHRU NOTAAY ruso,::; ll'IDERWRITEAS
' ' ' :-- ...... __ . :::_
EXI!ll\IT "A"
LEGAL DE SCRIP noN: A porlion of Scc!ion 6, Township 2J South, Range JO [ost. Osceola County. rtorido, being more fully described OS follow:
BEGIN o{ !he northwest corner of ·smAfFORD P/,RK - PHAS[ 1·, according to lhe plot fllereof, os recorded in Plot Book · Pages 52, ond 5J, Public Rccorcs of Osceola County. Flo,.iao: lhcncc S. 02' 18' OJ- W., along ,the westerly boundary lir· of said .. STRAFFORD PARK -PHAS[ 1·, o distance of 9DJ.65 feel to 1/Je nor{heo:OJI corner of ·sm1FFOR0 PARK - PHAS[ 2' according to the plot thereof, os recorded in Plot Book , Poge , Public Records of 0:-ceolo County, norido; thcnc· run wesl~rly, southerly ond coslerly otc-ng the northerly, westerly ond sovthcrly boundary lines of .soid ·sTR.A.FFORO PARK -PHASE 2. lhc followiflg fhir-!t:'en (JJ) Cl)UfSC5 ond dislonces: $. 72' 5J' lJ~ w .. 18.02 (eel; thenct: .N. 6.)' 49' oo· W., 12o.,;· feet: !hence. N. 80' 24' 17· w., 48,66 fed; rllcnce S. 07' 21' 44" w., J90.GJ feel lo 0 point on o cur-ve, concave- souther/.1 hoving o radius of J6J,/ J feel.' thence (,-om o tonc~111 bearing of s. 82' .)8' 16• C. run ..:: 1,69 led along the ore of so•c curve thru o central ongfr:: of 06' .34' 4.4'' to o poin( on soid curvr::· !hence run S. 00' .34' 4-4" W .. 109.29 fee(; thence S. 21' ..)J' 17- £,, 224.86 feet: thence S. 46' 4.)' .)6" £., 0.J.62 feel: tllencc S. 28' 48' JJ- C. 79.2) feet; thencC" S. IJ' 46' 12" [., 58.90 feel: thence S. 00' 07' 06- £ .. 20.50 lot!: thence N. 77' 05' 29- C.. 111.!'1=feet to o point on o CUC'V'C, concave sovlhwcSIC'rl)'. hoYin9 o radius of 5JO.OI foe(; said point lying on lhc oforemcneionc-c .,...eslorty boundary line of "STRAFFORD PARI\ - PHASE: ,-,. thence rvn southerly olon 9 lhe westerly boundary fines of ·srRAFron: PA.RK - PHAS[ 1", lho foflowin9 se'Vr:n (7) courses. ond distances: from o rongont_ bcorin9 of 5. 12' 54' Jl • C., run 77.75 f~c~ olong the ore of soid curv-e thru o centro! on91e of 08' 2-f' 19" to o point of compound curvature of o curve, having o rodo:." of 25.00 feet and o centro/ onglc of 87' 18' 5J~; fllence run .)8,10 feet olon9 thr- ore of .'>o;d curve lo !he end lhere. thence S. 07' 2.J' 2GH W., 51.62 feel to the beginning of o curve. concave soutfl~<'ester1y. ho•,-in<; o radius c·f 25.00 feet 0 ''
o centro/ on9lc of 87' 11' 51·; thonco (rom o longcnt bcorino of N. 8.J' OB' 58"£., run .38.05 feel olong lhc ore of so'.; curve (o (he poinl of tangency thereof; thence S. 09' .39' 11 .. C .. 75.09 feel to o point of cvrvotvrc of o curve. conco~c wcslerly. having o radius of 25.00 fed ond o centro/ on 9 10 of 92' -42' 40p: lhonce run 40,45 feel olcu19 !he ore of 5 ?'c curve to the end (hereof: thence S. 06' 56' .)}. [., 15.00 feel to o point on o curve, concave northerly, hovin9 o rodJu~ of 2.340.00 feet ond being on the northerly righl of woy line of Osceola PorJovoy os recorded in Officio/ Records Book 952. Page 845, Public Record:; of Osceolo County, norido: !hence run westerly olong the northerly right of woy line of Osceofc Porkwoy (he following two (2) courses and distances; from o tangent beoriag of S. 8.3' OJ' 29- W., run 278.68 feet olonr;: the ore of said curve lhru o centro/ onofe of 06' 49' 25· to the poin( of (ongencv thereof; loence S. 89' 52' 54~ W., 805. 7
feet to c point on the we:.! fine of the- North !/2 of lhe Southcosl J/4 of the ,..Jorthwest 1/4 of said S7clion 6; soid poin! o' being on the easterly boundary line of ''BU[NA\'[NTtJRA LAK[S - NORn-l LAK[ V!LlAG[ z·. according lo the plot thereof. c:-. ~ ded in Plot Book 5, Pages 10, 11 ond 12, Public Records of Oscr.olo County. F/oridc; !hence N. DO' OS' OJ. W .• alone; the westerly boundary line of soid "BUF:NAVLNrURA LAK[S - NORD-I LAKi VILLAGE 2- ond o continuation thereof, o dislonce o! 718.18 feet lo o point of curVature of c non-tangent curve, concave southerly, ho\·ing o radius Ot 596.6~' feel ond o ccn/ro. onole of 07' Jlf 01·; thence from o lo.'JQent bearing of S. 88' JO' 06~ [ .. run 79 . ..:9 feel cion~ U1e ore of soid cvrvc- fo c point on soid curve; thence N. 00' 11' 55- 1-Y .. 196.02 fed: lhcncc S. 82' JO' 57- t., J.:J.6l./er::; lh~nce N. DO' 05' 20~ Yr',, 1042.45 feet to o point on the north !inc of said Section 6; thence N. 89' 54' 4C- C .. along !he norlh line of so'c Section 6, o distance of 75<.~7 feel for lhc POINT OF B[GINNING.
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I BOOK 1122 PAGE 0064 I
!l_OlNDER 1\llD CONSEI)l:
Proposed lot:s in S'l'RAFFOIID l'.ARI< - PHASE 3 are presently encambere~ by the following mortgages:
Mortgage in .favor of sun Bank, llational Afoociat.ton ( •r.o:rtqagee''), in the original pdn.ci.pal amount of $93,700.00 1 elated January 20, 1993, recoJ:ded on January 29, 1993, in.Off.ic.i.al ReCL,:rds Book. HO?, at Page 2359, of the Public Records of Oo~eola County, Florida (as to Lot 10, Block 318)
Mortgage in favor of Mortgagee, in the ori':(inal princip11l oonount of $119 1 800.00, datell January 28. 1993, recm·ded on January 29, 1993, in Official Recorda Book 1107, at Page 2367, of the Fu~1ic Reco~do of Osceola County .• Florida (as to Lot 13, Block 318)
Mortgag~ in favor of Mortgagee, in the ori~inal principal amount of $101,500.00, dated January 28, 1993, recorded on JanuaLy 29, 1993, in Official Records BOok 1107, at Page 2373, of the Fublic Recorda of Osceola County, Florida (a~ to Lot 11, Block 318)
Mortgage in favor of Mortgagee, in the original principal amount of $104,900.00, dated Januaxy 28, 1993, recorded on January 29, 1993, in Official R~cor.da Book 1107, at Page 23aJ, of the Public Records of Osceola County, F.'.o;r.tda (as to Lot 12, Block 318).
Mortgagee hereby certifies that it is the holder of the above referenced mortgages and hereby joins J.n and consents to the Supplemental Declaration of Covenants and Restrictione of S'l'RA"E'FORD PAnK- PHASE 1 (the •supplemental Dec1a•~atton"}. The Mortqagee or its succeasore and/o~ assigns in interest ~y virtue of foreclosure of the Mortgage or tbe taking of a deed i~• lieu thereof shall not aesuma any responsibility or liability ·.1nder this Supplemental Declaration unles:s specifically assumed by an instrument in writing and recorded in the Public Records of Oscnola County, Florida.
IN WI'.l'NESS WHER£0F, the undersigned has caused theee p..-esents to be duly executoo this . ...lJn..._ day of _ _:."'"'' {.., , 1993.
Signed, sealed anc! delivered in the presence f.;
Print or ~ Nam~
·' ... .... ... ...
[ COJmoRATE SEAL] .··.··· ... -
·- ~ !lOOK 1122 PAGE 0065 I '
S!t'A'l'E OP' FLORIDA ) COlJJll'Y OF t£J::.N'f< )
e.~_ Qj'.,d-._~r:b "" t·.(. hc·O K I)OS,ZD
It~~
C::·OGlo - 00 b6
Prepared by: Mildred S. Crowder, Esq. WEISENFELD & ASSOCIATES, P.A. 501 Brickell Key Drive, Ste. 300 Miami, Florida 33131-2608 Roscrved
JOINDER AND CONSENT TO DEDICATION OF PLAT OF STRAFFORD PARK - PHl\.SE 3
Sun Bank, National Association, hereby certifies that it is
the holder of a mortgage, lien, or other encumbrance upon the
property more particularly described on Exhibit "A" attached hereto
and incorporated herein by this reference (the "Land") and hereby
joins in and consents to the dedication of e.he Land as shoH< on t!K
Plat of Strafford Park - Phase 3 and agrees that its mortgages,
liens, or other encumbrances, which are recorded in Official
Records Book 1107, at Page 2359; Official Records Book 1107, at
Page 2367; Official Records Book 1107, at Page 2375; and Official
Records Book 1107, at Page 2383, all of the Public Records of
Osceola County, Florida, shall be subordinate to the Dedication of
the Plat of Strafford Park -Phase 3.
SUN BANK, NATIONAL ASSOCIATION, P.O. Box 3467 Orlaon~dooa, orida 32 02
/} ~ By: /(·
Name: Dw~~·'- .&. JA,....,"'r.!l. T I)
T i t ]..· · ···- ___ 1/ \.c. __ [ 'c f.), · .. -'-!-__ _ [CORPORATE SEAL)
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STATE OF FLORIDA) COUNTY OF {)p..£1 r-.<.j: . .-)
The foregoing Joinder and Consent to Dedication of Plat of Strafford Park - Phase 3 was acknowledged befo:r;-e nie this ,')!a day of March, 1993, by 't>w<l'jJtf' !~. lt<mn(e:__ as /)lt.C!- (f.J!SiCIPrd- of SUN BANK, NATIONAL ASSOCIATION, a national banking association, on behalf of the association. ~she is personally known to .me or-has·· ..
produced . . .. .. ... as .. =i9~n.t~:;JJ;{;.~ C~'-- [} ;s<..A--[NOTARIAL SEAL)
Notary Public, State of Florida
al#trJf'U. Go~ Print or Stamp Name of Notary
Hy commission expires: I'<OlA~Y l'lJ~.li,:;; !"<1 :\:.: :;.: • • •• ::. '·, ::· '·, -.:~ :· ;, MY cor,\MI!iS::..>i~ ~;:;~.l:;',:i ~;•:·,· ... ~. 1.::: 3
tONDlD n:,~t: t.::.·.~:;•~ t.\.:•\·'1 ·. '.,.., .... l ..
"." "
LEGAL DE SCRIP noN: A po""!ion of Secfion 6, Township 25 Sovlh, Range .)Q L-ost, Osceola Cot..onfy, Florida, being more: fvlly described os folic
B[CtN ol the norfh,..esf corner of -smAFFORD PARK - PHAS[ 1-. occording lo lhe plot !hereof, os recorded in Plot 8oo1 Po9cs 52, ond 5.), Public Records of Osceola County, Florida; thence ~ 02" Hl' 0.)- W., .olong .the wcslcrly boundary of soid -srru,FrORO PARK -PHAS[ ,-, o distance of 9t.li.G5 fcc 1 fo the norlflcost corner of -s TR1FFORO PARK - PHASE: according fo the plot thereof. o:; recorded in Plot Dook. , Pogc , Public Record:> of O.scecJo County. nor;do; lhr.r run west;rly, soulhcrly ond coslerly olong the northerly, wcslcrly ond soulhcrly boundary line:~ of soid ·sTJ..'n.rroRO PA.RF\ PHASE:. 2, lhe following thirteen (IJ) course:; ond dlslonccs: S. 72' 5.)' IJ- !''., 18.02 feci; thence .N. GJ' o~9' oo- w .. i2C fcc:t: thence N. 80' 24' 17- W., -f8.66 feel; U1ence S. 07' 21' 44- IV., JSO.GJ feet to o poinl on o curve, conco""t" soulllc having o rodivs of .36J.Il fee{; {hence from o fonqent bearing of S, 82' J8' JG. [., rvn .0:1.69 leer otong 1ne ore of s curYc lhru o centro/ on9lc of 06' .)...;' 44'' lo o point on :;oid curve: (hence run S. 00' ..)4' 44'" t
109,29 fed; thence 5. 2l' .)j' 17~ £., 224.86 feet; thence S . .s.c;· 4.3' JG- £ .. 8J.G2 feci; {lienee S. _28' 48' 1.)~ 79.2J feet; thence ·S. JJ' 4.6' 1;:- £,, 58.90 feet; !flcnce S. oo· 07' 06~ £.. 20.50 fod; thence N. 77' 05 29- [., Ill. feet lo 0 point on o curve, concoVo souU,westcrly, hovi,... 9 o radius of .SJO,OI foe{; said point lying on !flo oforerncntion we stony bovndory _line of -smAFFORO PAFIK - PHASE: ,~,. (hence rvn ::ot•thcri)' olon 9 the wc:s:tcrly bound?ry ~nes of -STRArro. PARK - PHAS[ I • tho lollowin9 seven (7) courses ond distances: frorn 0 tongont br:orin9 of S. 12' 54 .31 C., rvn 77.75 fc olon9 the ore of said curve thru 0 ccnlrol on'?lc: o! 08' 2.{' 19- to o polnl of c~pound curvotur~ of o curve, having o rod•· of 25.00 feel ond o central ongle of 87' !8 5J; t11e.nce run .)8.10 feel olonr; the ore of so•d cvrvc lo the end lnerel thence S. 07' 2J' 26- W., 5!.62 lcr::t to the br:9innlng of 0 curve, conco'v"c' southwesterly. ho..,.,·ng o radius of 25.00 fed O•
o centro/.on9le of 87' JJ' 51-; thonco from o tangent beorino of N. BJ' 08' 58~ [ .. run .38.05 feci along lhe ore of sr. curve to the point o( tangency thereof; thence S. 09' .JS' n .. C. 75.0~-· fed to o point of cur,-oturc of o curve, conr weslcrl)~ having o radius of 25.00 fee( ond o centro/ anglo of 92' -f2' .{0~; thence run 40.45 feet along Ill-;. ore of curve to (lie end thereof; (hence S. 06' 56' .Jl- E .. J5.00 feel to o poirll on 0 cvrvc, concave northerly, ho.,.,ng o ro,-_1, o( 2.J40,00 feel ond baing on the northerly right of woy line of Osceola Porkwoy os rocordcd in Official Records Book 95 Poge 845, PulAic Records of Oscoolo Covnty. Florida: thence rvn westerly olon 9 the northerly ri9hl of woy line of Oscco Porkwoy the :allowing two (2) covrses ond distance~: from o tangent bcari119 of S. BY O.)' 29- W .. ru~ 27.8.68_ feet olol the ore of so1d cvrvc thru o centro/ angle of 06' 49 25w to the point of tangency thereof; lt1cncc S. 89 52 54 W., 805 .. feet fo o point on the wesl line of (he North 1/2 of lhe Southeast 1/4 of the Northwest 1/4 of soid s;:clion 6: soid pol; also being on lhc cos(erly boundary fine of "BUCNAVF:NTlJRA LAK[S - NOR1H LAKE: \1LLAG[ 2-. occordin9 lo lhe plot (hereof, • recorded in Plot Book 5, Poges 10, 11 ond 12, Public Records of Oscr.olo County. Floridc: lflcncc N. oo· O!J' O.J- W .. oJ,~· fhc westerly boundary /inc· of soid "BU[NA.VE:NTVRA·LAK[S- NOR'n; LAKt.- \1LLAG[' 2" ond o continvo!ion fhcrctJf. o distance 7•q.J8 feet too point of curvature of c- ncn-longcnl curve, concave southerly, having o radius of 596,65 feel ond o ccnfl
( c of Pi'' .JB' 01-; thence from o fo."lgenf bearing of S. 88' .)Q' 06- [., run 79.<9 feel o1Dfl9 !he ore of soid curve .to p._.nf on soia' cvrve; !hence N. 00' ll' 55- \'.',, 196.02 feel; !hence S. 82" .30' 57-[., 14.3.61 fcc:; !hence N. 00' 05 2· 't'l., 1042,45 feel lo.o point on (he north line of soid Secrion 6: thence N. 89' 54' <-C- [ .. olong !he north line of sc Section 6, o distance of 7::.>..;,67 led for the POINT OF B£GINNJNC.
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1 ' \ .
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i . f .• i· ~ I"
l'repared by and reao:tdGd oopies !Jhonld be sent to: Jf.Udred s. CJ:owdex, Bsq. WBISB!IIFBLD li ASSOCIA'ti!S 1 P .A. SOl Brickell 1(ey Drive, Ste, 300 Miami, rlorida 33131·2608
This Supplemental DeClaration of Covenants and Restrictions fJ'f. St~Uord Park ~ Phase 1 is ude this rQ dsy of L»' ~ , 1993, by Llmdstar Developaent Corporation, a Florida
corpo tion (hez:einafter Nfen:ed to AS •noveloper•J.
WIIEJIBAS, Developex recorded a Declaration of CovenAnt& and ~ict1ona for St.ral!foxd Park - Pbaae 1 on Haxch 6, 1992, 1n Otticial Recoll:ds Book lOSS, at Page 972; an Alllendl:lent to and Supplemental Declaxation of covenants and Restrictions for Strafford Parlt - Phase 1 recorded in Official Records Book 1055, ttt Page 09131 and suppleaental noclaration of Covenants and AeatriotioM for Strafford Park - l'hllse 1 r~KK)r@d in Official bcoxda Book 112:a, At Page 0060, all of the Public Rec:oxda of
· O.Ceola County, :rlorJ.cla (the •noclaration • 11 and
WBIIRBAS, Devel.Qper desires to subject the proper'cy 1110re partiO\Ilarly described on Bxhibit "A" attached hereto and !Ddorpo:rated herein by this reference to the tem~~ and cor.ditioM of the Declaration (hereinafter referred to aa the 'Pl:operty•),
IIOif, 'l'11211BFORB, the nee laxation is A1118nded as follows: . 1. Developer declares that the :Property, which will be
platted oa Straffoxd Park - Pbase 4, shAll bG held, traneferred, 110ld, conveyed and oc:®pied subject to thll covenants, rest:rictioruJ, ease.ents, chArgee and liene set forth in the Deol~ation.
I ~i(.r,tf:: __ ;, . 1 _?i::llmisgiano
'l'itle: ...JL ·: ;,_Presidl}nt
' l t, ., .. · . ~ . . . I BOOK 1153 PAGE 0184 I
' 8'lA'l2 01? ~~! COtJlilfl' 0'1 ~~
The fo;r:egoing Supplem&ntal l)eelarlltion of Covellc1ntB and Reat:d.ctioiUI f.OJ: Straff~ Park -J'hAUe 1 was aci;nowledge<l before ae th1e \(') day of L~'"l , 1993, by carl PAl!DiBcianO, All Vice Preeident of :t.andatarelopaent Corporation, a '1lorida coxporatlon, on behAlf of the ao:r:poration. He is per<~onally lalown
to »·
[ IIIM.'ARIAL S£.1\L J
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I BOOK ll53 PAGE 0185 I
JQII!DJ!R AND CQNSJM'
· STRA:rFORD PARK - PHASE 4 is presently encllllberecl by a Mort9age to First Union National Bank of Florida lthe 'Mortsagee") which Mortgage wae recorded on Pebruaey 14, 1991 in Official Recorcls Book 1004, at Page 604, PUblic Recorda of Osceola county, Florida as f~her moclifi~ b¥ MOrtgage MOdification Agreement recorded on October 1, 1991 in Official Records Book 1033, at Page 2126, Public ReCorda of Osceola County, Florida (the 'MOrtgage')•
Mortgagee hereey certifies that it is the holder of the Mortgage and hereby joins in and consents to this Supplemental Declaration of Covenants and Restrictions for STRAFPORD PARK -IIIIASB 1 (the "l>eolaration•). The Mortgagee or its successors and/or IISBigns in interest by virtue of foreclosure of the Mortgage· or the tUing of a dasd in lieu tht>l'eof shall not aeeU!IlO any responsibility or liability under this Declaration unless specifically assumed by an instrument in writing and recorded in the Public Records of Osceola County, Plorida.
IN WITNESS 'IIHBRBOP 1 the undersigned}"" a caused these presents to be duly executed this /'2. day of z1!.!' · <4:1- , 1993.
sealed
v li'IRST UNION NATIONAL BANK OP FLORIDA 201 Hi IIIIi
I'
... ~J l
Print or Stamp Nl!ollle of Notary
My Commission Bxpiree:
;..tJTAAY ~tllC S1'.\i£ ~ ft.'• :!. HY C£w.l'l~SWl ~-o. •:.•,·,: , r/Jf'tlio il<i-'l; 1: -n:.t .:!.. :,.
• I . . . I BOOK 1153 l'AGS 0186 I
I!XHlDl't "A"
A f>ORTION OF Sf:C'(ION 6, TOWNSHIP 2D SOUTH, RANG£ JO t'ASr. 'OSCEOLA COUNTY, FLORIDA, BriNG MOR£ f>ARTICUV.R~ Y OE:SCR/8£0 liS FOLLOIVSr
BEGIN AT THE NORTHEAST CORNER OF "BUENA 'VENTURA LAI<cS BRIARWOOD VILLAGE - TRACT J~ ACCORDING TO THe PLAT THEREOF; AS RECOROE:O IN PLAT BOOK S, PAGtS J7 THRU 40, PU8UC RECORDS or OS('.£0LA CWNTY. FZ.ORIOA/ SIIIO PO/Nr BE/N() THE NORTHWEST CORNEfr OF" THE EAST 1/2 OF" THE NORTHWf:ST 1/4 OF THE NORTHWEST 1/4 or SAID SECTION 6; TH£HCE N. 89' $4' 40" E., ALOND THE NORTH UN£ OF' TH£ NORTHWEST 1/4 01' SAI/J SECTION B, A DISTIINOI; OF B/111,?6 F£ET TO THE NORTHEAST CORNCR OF' "STRAFFORf) PARI< - PHASE 3': liS RECORDED IN PLAT BOOK , PACES
""ND , PIISUC Rff:CORDS OF' DSCII:OLII COUNTY. FT.ORID""; THENCE RUW SOUTH£RL Y ALONG THE Wf:STCRL Y BOUNDARY UNE:S 01' .SAID "STRIIFFORO PARI< - PH,.,SE 3", TH! FOI.LD'MNO COIJRSE:S AND DISTAHC£5: S. 00' tW 20" E., 104tMt; Flt£T; THE:NCE N. 1!12' JO' 57" W., 143.81 FC£T; THENCE $, 00' 11' 55" /t., 196,02 f€£T TO A POINT BEING ON A NONw TANGENT CJ.Jtrvt, CONCA II£ SOUTHE:RL Y, HA VINO A IMOIVS OF' 6B8,65 F£f:T; THENCE FROM A TANGENT BEARING OF N. 80' 52' OS" W., RU/1 111.'1!1 FEET ALONO THe ARC OF' SAID CURVE: THRU A CENTRAL ANCL£ 01' 07' JB' Of" TO "" POINT ON Si'./0 CURVE'; THENCE S. 00' OB' OJ" E.. ff<l.711 F'£CT TO A PDINT ON THE NORTHERLY BOIJN()IIRY LINE Of' "BIJENAVt:NIVRA /.AI(£$ -NORTH LAKE VILLAC£ 2~ ""CCORD/Nf1 TO THE PL"" r 'fH£R£0f', AS RECfJRD£0 IN PLAT BOOK 5, PAGCS tO, II AND 1:2, PUBLIC RECORDS Of' OSCEOLA COUNTY, Fl.ORIDAI THEN~ DEPAR'fiNO THE WESm'i'L Y BOUN!JMY LINE OF' SIIID "S'mAFI'ORO PARI< - PHASE: J", RUN S. 89' 5J' IJ" VI., ALOIIO TH& NOR'fH£RLY BOIINDARY liNE Of' SAJD '0/.JENIIVE:NTURII LAJ(E$ - NOHTH I.AHE VILLAG£ 2", A DIS'fANCE OF' tlOJ,:U FEET TO TH! SOUTHI'ilitSr CDilN£({ Of' THE EAST 1/2 OF THE NORTH'M:ST 1/4 OF' TH£ NORTH'M:ST 1/4 ot $AID SECTION B: THENCE N, (10' tl' 55" W., ioLONG 7Htr 11£'ST BOUNDARY LINE OF THE EIIST 1/2 Of' THE: NORTHWf:ST 1/4 OF' THE NORTHWE:ST 1/4 01' SAID SeCTION 6 AND ALONO THE CAST BOUNOIIRY LINE OF" 51.10 •e/JENI. VCNIVRA LAI<£S - NORTH LAKF: loiLLACE z• ANO ALONO THE EAST BOUNDARY Ulll Of" SNO 'SUENAVENTURII LAKES I!IR/ARWOOD VIL~G£ - 7R ... CT 3', A CISTANC( OF' 1327.11 FEE:T TO THE POINT OF" BEIJINNINC. I
I
This instrument prepared by Mildred s. Crowder, Esq.
'WEISENFELD & ASSOCIATES, P.A. Suite 300 501 Brickell Key Drive Miami, Florida 33131-2600
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Recorded copies a haul .. 5t .1?9 C.) (11 returned to1 LANDSTAJ\ DEVELOPMENT,",_': ~ O CORPORATION. ~:•, ;:~ f': 2533 Bogqy Creek Roact·-Jj-~~ N Kissimmee, Florida 34144 ~ Attention• Sarah Gilman
ARTICLES OF INCORPORATION OF STRAFFORD PARK AT BEAR BAY HOMEOWNERS' ASSOCIATION, INC,
In compliance with the laws of the State of Florida, the undersigned, all being sui juris and residents of Florida, do hereby voluntarily associate themselves for the purpose of forming a corporation not for profit, and do hereby certify•
ARTICLE I - NAME
The name of the corporation is STRAFFORD PARK AT BEAR BAY HOMEOWNERS' ASSOCIATION, INC., hereinafter referred to as the "Association".
ARTICLE II - RESIDENT AQENT
The principal office, mailing address of the Association and the street address of the initial registered office of this corporation is 2533 Boggy Creek Road, Kissimmee, Florida 34744, and the name of the initial Registered Agent of this corporation at such address is MORRIS A. WILLIAMS JR. The Association may maintain offices and transact business in auch other places as may from time to time be designated by the Board of Directors,
ARTICLE III - EXISTENCE
This corporation shall have perpetual existence,
ARTICLE IV - INCOBPORATORS
The names and addresses of the Incorporators to these Articles of Incorporation are aa follows•
NAME ADDRESS
Ramon E. Alonso 2533 Boggy Creek Road Kissimmee. FJ.or.i.da 34744
Char lea D. O'Hara 2533 Boggy C:;:e~.~: Rob.ll Kiasi.mmee, Florida 34744
Morris A. Williams, Jr. 2533 Boggy Creek Road Kisaimmee, Florida 34744
ARTICLE V - PURPOSES AND POWERS
The Association does not contemplate pecuniary gain or profit to its members. The specific purposes for which it is formed are to provide for the maintenance, preservation and architectural control of the residential Living Units and Common Area and to promote the health, safety and welfare of the
residents of the Property on Exhibit 11 A" and any additions thereto as may hereafter be brought within the jurisdiction of this Association. For such purposes, the Association shall have a,nd exercise the following authority and powers•
A. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants and Restrictions, hereinafter called the "Declaration", applica.ble to the Property and recorded or to be recorded in the Public Records of Osceola County, Florida, as the same may be amended from time to time as therein provided, said Declaration being incorporated herein by this reference as if the same were set forth herein at length.
B. To fix, levy, collect and enforce payment by any lawful means of all chargee or assessments pursuant to the terms of the Declaration, and to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the Property or the Association.
C. To participate in mergers and consolidations with other corporations not for profit organized for the same purposes so long as any such merger or consolidation does not broaden the duties and obligations of the Association required by the terms of the Declaration provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of the members.
D. To have and to exercise any and all of the common law and statutory powers, rights and privileges which a corporation organized under the Corporation Not for Profit Law of the State of Florida may now or hereafter have or exercise, which ate not in conflict with the terms of these Articles, the Declaration and the Bylaws.
As used herein, the term 'Corporation" shall be the equivalent of "Association" as defined in the Declaration. Words and phrases, when used in these Articles, shall have the same definitions as attributed to them in the Declaration.
ARTICLE VI - MEMBERSHIP
A. Every person or entity who is a record owner of a fee or undivided fee interest in any Living Unit, as defined in the Declaration, which is subject to covenants of record to assessment by the Association, including contract sellers, shall automatically be a member of the Association upon the recordation in the Public Records of Osceola County, Florida, of the deed or other instrument establishing the acquisition and designating the Living Unit affected thereby. Such person or entity shall be known as an owner and shall hold a Class A voting membership. The foregoing is not intended to include persons or entities who hold nn interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Living Unit which is subject to assessment by the Association. such membership shall HUtomatically t&rminate when such person or entity is no longe1.· the record Owner of a Living Unit.
B. The Developer, as defined in the Declaration, shall hold the Class B membership.
AfiTICLE VII - VOTING RIGHTS
2
The membership of the Association shall have voting rights, in relation to the class of membership, as follows:
Class A, Class A members, being all OWners, with the exception of the Developer (provided that Class B membership continues to exist), shall be entitled to one (l) vote for each Living Unit owned. When more than one ( 1) person holds an· interest in any Living Unit, all such persons shall be members. The vote for such Living Unit shall be exercised as they determine, among themselves, but in no event shall more than one (1) vote be cast with respect to any Living Unit.
Class B. The Class B member(s), being the Developer, shall be entitled to three (3) votes for each Living Unit or Lot· owned, with each vote being considered a "member" for purposes of construing the minimum menilier's votes needed under various provisions hereof, or in the Declaration, or.Bylaws of the Association. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever shall first occur1
(a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or
(b) On December 31, 1995,
ARTICLE VIII - BOARQ OF DIRECTORS
The affairs of the Association shall be managed and governed by a Board of not less than three (3) nor more than seven (7) Directors, who shall be members of the Association, except that Directors elected or appointed by the Developer need not be members of the Association.
The names and addresses of the persons who constitute the initial Board of Directors, until the selection and qualification of their successors, ares ·
Ramon E. Alonso 2533 Boggy Creek Road Kissinunee, Florida 34744
Charles o. O'Hara 2533 Boggy Creek Road Kissimmee, Florida 34744
Morris A. Williams, Jr. 2533 Boggy creek Road Kissimmee, Flodda 34744
The initial Board of Directors herein designated shall serve until the first election of the Board of Directors at the first annual membership meeting after Class B membership has ceased and been converted to Class A membership, at which time the members shall elect three (3) Directors who shall each serve for a term of one (1) year, Any vacancy on the Board of Directors shall, upon a majority vote by the remaining Directors, be filled for the unexpired term of the vacated office.
The Developer is entitled to elect at least one (1) Director as long as the Developer holds for sale in the ordinary course of business at least five percent (5%) of the Living Units.
ARTICLE IX - DISSOLUTION
The Association may be dissolved no sooner than thirty (30) years from the date of incorporation with the assent given in writing and signed by not less than three-fourths (3/4) of the
3
votes of the members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be granted, conveyed and assigned to any notfor-profit corporation, association, trust, public agency or other organization provided that it is to be used for purposes similar to those for which this Association was created, and the Association shall be dissolved in accordance with law.
ARTICLE X - OFFICERS
Subject to the discretion of the Board of Directors, the affairs of the Association shall be administered by its officers, as designated in the Bylaws, who shall serve at the pleasure of the Board of Directors. Said officers shall be members of the Association, except that officers elected or appointed by the Developer need not be members of the Association. The names and addresses of the officers who shall serve until their succeasors are designated by the Board of Directors areo
Nl\ME AND TITLE ADDRESS
Ramon E. Alonso 2533 Boggy Creek Road President Kissimmee, Florida 34744
Charles D. O'Hara 2533 Boggy creek Road Vice President Kissimmee, Florida 34744
Morris A, Williams, Jr. 2533 Boggy Creek Road Treasurer/Secretary Kissimmee, Florida 34744
ARTICLE XI - INDEMNIFICATION OF OFFICERS AND DIRECTORS
A. The Association hereby indemnifies any director or officer made a party or threatened to be made a party to any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, brought to impose a liability or penalty on such person for an act alleged to have been committed by such person in his capacity as director or officer of the Association, or in his capacity as director, officer, employee or agent of any other corporation, partnership, joint venture, trust, or other enterprise which he served at the request of the Association, against judgments, fines, amounts paid in settlement, and reasonable expenses, including attorneys' fees, actually and necessarily incurred as a result of such action, suit, or proceeding or any appeal therein, if such person acted in good faith in the reasonable belief that such action was in the best interests of the Association, and in criminal actions or proceedings, without reasonable ground for belief that such action was unlawful. The termination of any such action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not in itself create a presumption that any such director or officer did not act in good faith in the reasonable belief that such action was in the best interests of the Association or ::hat he had reasonable grounds for belief that such act.lon was •>c~lawful, Such person shall not be entitled to indemnHicatJ.on in relation to matters as to which such person has been adjudged to have been guilty of negligence or misconduct in the performance of his duty to the Association unless and only to the extent that the court, administrative agency, or investigative body before which such action, suit or proceeding is held shall determine upon application that, despite the adjudication of liability, but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses which such tribunal shall deem proper,
B, The Board of Directors shall determine whether amounts for which a director or officer seeks indemnification were
4
properly incurred, and whether such director or officer acted in good faith and a manner he reasonably believed to be in the best interests of the Association, and whether, with respect to any criminal action or proceeding, he had no reasonable ground for belief that such action was unlawful. Such determination shall be made by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding. In the event that all the directors were parties to such action, suit or proceeding, such determination shall be made by the members of the Association by a majority vote of a quorum.
c. deemed to indemnify
The foregoing rights of indemnification shall not be limit in any way the powers of the Association to under applicable law.
ARTICLE XII - TRANSACTION IN WHICH DIRECTORS OR OFFICERS ARE INTERESTED
A. No contract or transaction between the Association and one (1) or more of its directors or officers, or between the Association and any other corporation, partnership, association, or other organization in which one (l) or more of its directors or officers are directors or officers, or have a financial interest, shall be invalid, void, voidable solely for this reason, or solely because the director or officer is present at or participates in the meeting of the Board or committee thereof which authorized the contract or transaction, or solely because said officer's or director's votes are counted for such purpose. No director or officer of the Association shall incur liability by reason of the fact that said director or officer may be interested in any such contract or transaction. ·
B. Interested directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or of a committee which authorized the contract or transaction.
ARTICLE XIII - BYLAWS
The Bylaws of this Corporation shall initially be made and adopted by the first Board of Directors and may be altered, amended or rescinded at any duly called meetings of the members of the Association in the manner provided for in the Bylaws and Declaration. No amendment shall change the rights and privileges of the Developer without its written approval,
ARTICLE XIV - AMENDMENTS
A. Amendments to these Articles of Incorporation shall require the approval of seventy-five percent (75%) of the entire membership. Said amendment(s) shall be effective when a copy thereof, sealed with the corporate seal, executed and · acknowledged by the President or Vice President, and attested by tt1e Secretary or an Assistant Secretary, has been filed with the Secretary of State, and all filing fees paid. Notwithstanding any provisions of this Article to the contrary, these Articles of Incorporation shall not be amended in any manner which shall abridge, amend or alter the rights of the Developer, as set forth in the Declaration, without the prior written consent to such amendment by the Developer. Further, these Articles of Incorporation shall not be amended in any manner which shall amend, modify or affect any provisions, terms, conditions, rights and obligations set forth in the Declaration, as the same may be amended from time to time in accordance with the respective provisions thereof,
5
B. For so long as there is a Class "B" membership, the following actions will require the prior approval of either the Federal llousing Administration ("FHA") or the Veterans Administration ("VA") 1
i. annexation of additional properties;
11. mergers and consolidations;
iii, mortgaging or dedication of Common Areas;
iv. dissolution of the corporation;
v. amendment of these Articles of Incorporation other than to clarify an ambiguity or conflict, FHA and VA approval shall only be required if any mortgage encumbering a lot is guaranteed or insured by either of such agencies.
IN WITNESS WHEREOF, for the purpose of forming this Corporation under the Laws of the State of Florida, we, the undersigned, constituting the subscribers and incorporators of this Association, have executed these Articles of Incorporation on the dates hereinafter set forth,
Signed, sealed and delivered ~ presence of1
~~~moJ b~'!; ~EAL) RAMON E , ALON 0
Connee Gist Print or Type Name
Dated! %~-~l<\1 ~ .
. £~:.4~ r;~JJ::-Print or Type Name
~ALi
(SEAL)
Connee Gist Print or Type Name
Dated1 '1l~3Jqi
~~~ __.~-/,I;~~...,L~~e,.:;::;::::.,,a,=R~SEAL) {1~ .44:
Connee Gfst Print or Type Name
:~ated1 9(32.!'11
STATE OF FLORIDA COUNTY OF 0'-tfPI fl
BEFORE ME, the undersigned authority, personally appeared RAMON B, ALONSO, who, upon being first duly sworn, acknowledged that he subscribed and executed the foregoing Articles of
6
Incorporation freely and voluntarily and for the purposes therein expressed,
WITNESS my hand a~ official seal in the County and State last aforesaid this ~ day of '5-tPfA flt1 t<J,_, 1991.
•
Florida
STATE OF FLORIDA COUNTY OF @WlA
Notary Public, State of
My Commission Expires•
BEFORE ME, the undersigned authority, personally appeared CHARLES D. O'HARA, who, upon being first duly sworn, acknowledged that he subscribed and executed the foregoing Articles of Incorporation freely and voluntarily and for the purposes therein expressed.
WITNESS my hand and~,official seal in the County and State last aforesaid this ~day of 5JjJ kntJt< "= , 1991.
J(M)_).._ ~ 9JiLa~ Florida
STATE OF FLORIDA COUNTY OF O.SC fOI A
Notary Public, State of
My Commission Expires•
~~,~~ SARAH ANN Olt..IIAN l ")~ IN ~lQH OJI'f$
·i July 30, 1994 , \I.: OOfl>EO Tli~ OOTAAY ~ lf-ID£.Ro\PifEM
BEFORE ME, the undersigned Quthority, personally appeared MORRIS A, WILLIAMS, JR, who, upon being first duly sworn, acknowledged that he subscribed and executed the foregoing Articles of Incorporation freely and voluntarily and for the purposes therein expressed.
WITNESS my hand anddofficial seal in the County and State last aforesaid this ~ day of ___ 5u~¥L~f1)~~~~A~--' 1991 •
.ja"ol,___ (k___ ~I ~ Florida
Notary Public, State of
My Commission Expires•
~·'7~ SARAH ANN GILMAN
. . )i VI Q(l!.W!M<fl O.Pif\£6 tZ July 30, 1994 . ~ 90t«D rnRJ OOTNff f\W'J ....Wii'FJTU\S
crm•riFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR TilE £;~RVICE OF PROCESS WITHIN FLORIDA, NAMING AGENT UPON WHOM PROCESS
MAY BE SERVED
IN COMPLIANCE WITH FLORIDA LAW, THE FOLLOWING IS SUBMITTED!
FIRST--THAT STRAFFORD PARK AT BEAR BAY HOMEOWNERS' ASSOCIATION, INC,, DESIRING TO ORGANIZE OR QUALIFY UNDER THE LAWS OF THE STATE OF FLORIDA, WITH ITS PRINCIPAL PLACE OF BUSINESS AT CITY OF KISSIMMEE, STATE OF FLORIDA, HAS NAMED MORRIS A, WILLIAMS,. JR. AT 2533 BOGGY CREEK ROAD, KISSIMMEE, FLORIDA, 34744, AS ITS AGENT TO ACCEPT SERVICE OF PROCESS WITHIN FLORIDA.
7
HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE STATED CORPORATION, AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I HEREBY AGREE TO ACT IN THIS CAPACITY 1 AND I FURTHER AGREE TO COMPLY WITH TilE PROVISIONS OF ALL STATUTES RELATIVE TO THE PROPER AND COMPLETE PERFORMANCE OF MY DU'riES,
"' /11.1/)!Li Date , ___ 91-,b=a-1-/::LqL{ ___ _
I I
\hoa-doca\•trattor,art
8
MORRIS A, WILLIAMS, JR. (REGISTERED AGENT)
_,. ";,..(.-') (() i-rrJ
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0 :enl " ?.~S ~
I _--~-·< co !'~ '{; --, ;g ···(,_ .. IJ~I -!';" .?;' ili N
""
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E X ll I B I T II A II
A portion of Section 6, Township 25 South, Range 30 East, Osceola County, Florida, being more fully described as follows:
Begin at the Northwest corner of "RAINTREE PARK .. PHASE 111, according to the Plat
thereof, as recorded in Plat Book , Pages , Public Records of Osceola County, Florida; Thence S 09°57 1 14 11 E, along the Westerly boundary line of said 11 RAINTREE PARK -PHASE 111
, a distance of 661.76 feet to the Southwest corner thereof; thence continueS 09°57 1 14 11 E., 304.07 feet; thence S 41°11 104 11 E., 264,93 feet to a point on the Northerly right of way line of Dart Boulevard as recorded in Official Records Book 952, Page 845, Public Records of Osceola County, Florida; thence along the Northerly right of way line of said Dart Boulevard the following two (2) courses and distances~ S 48°48 1 5611 w., 307.43 feet to a point of curvature of a curve concave Norther!~, having a radius of 2340.00 feet; thence run 1398.49 feet along the arc of said curve thru a central angle of 34°14'3311 to a point on said curve; thence N 06°56 1 31" W., 15.00 feet to a point of curvature of a non-tangent curve, concave Northwesterly, having a radius of 25.00 feet and 8 central angle of 92°42 14011 ; thence from 8 tangent bearing of N 83°03 1 29 11 E, run 40.45 feet along the arc of said curve, to the point of tangency thereof; thence N 09°39 1 11 11 W., 75.09 feet to a point of curvature of a curve concave Southwesterly having a radius of 25.00 feet and a central angle of 87°11 151 11
, thence run 38.05 feet along the arc of said curve to the end thereof; thence N 07°23 1 26 11 E, 51.62 feet to a point of curvature of a non-tangent curve, concave Northwesterly, having a radius of 25.00 feet and a central angle of 87°11 1 5311
; thence from a tangent bearing of N 62°48'40" E., run 38.10 feet along arc of said curve to a point of compound curvature of a curve, having a radius of 530.01 feet and a central angle of 33°08 1 5811 ; thence run 306.64 feet along the arc of said curve to the point of tangency thereof; thence N 37°39 1 11 11 w., 33.41 feet to a point of curvature of a curve, having a radius of 325.00 feet and a central angle Of 36°46 103 11
; thence run 208.56 feet along the arc of said curve to the point of tangency thereof; thence N 00°53 1 0611 W., 8.91 feet to a point of curvature of a curve, concave Southwesterly, having a radius of 25.00 feet and a central angle of 68°42 1 37 11
; thence run 29.98 feet along the arc of said curve to a point of reverse curvature of a curve. ·-having a radius of 150.00 feet and a central angle of 07°44 1 46 11 ; thence run 20,28 feet along the arc of said curve to the end thereof; thence N 28°09'00" E., 50.00 feet to a point of curvature of a non-tangent curve, concave Northerly, having a radius of 100.00 feet and a central angle of 21°47 1 06 11
; thence from a tangent bearing of S 61° 51 1 0011 E., run 36.02 feet along the arc of said curve to the end thereof; thence N 06°00' 44 11 E., 114.43 feet; thence N 02°18 1 03 11 E., 1008.16 feet to a point on the North line of said Section 6; thence N 89°54 1 4011 E •• along the North line of said Section 6, A distance of 1259.54 feet to the POINT OF BEGINNING.
BYLANS OF STRAFFORD PARK M' BEAR BAY HOMEONNERS' ASSOCIATION, INC,
ARTICLE I - IDENTITY
Section 1. Name. The following Bylaws shall govern the operation of STRAFFORD PARK AT BEAR BAY HOMEONNERS' ASSOCIATION, INC.
Section 2. Principal Office. 'fhe principal office of the corporation shall be located at 2533 Boggy Creek Road, Kissimmee, Florida 34744, but the Association may maintain offices, transact business and hold meetings of members and directors at such places within the State of Florida as may be designated by the Board of Directors.
Section 3. Seal. The seal of the corporation shall be in circular form bearing within its circumference the name of the cor.poration, the words "a Florida corporation not for profit 11
1
and the year of incorporation.
Section 4. Definitions. As used herein, the word "Corporation" shall be the equivalent of 11 Association 11
, as defined in the Declaration of Covenants and Restrictions recorded or to be recorded in the Public Records of Osceola County, Florida. All references to 11 Declaration of Covenants and Restrictions 11 or "Declaration", as used herein, shall mean the above described Declaration of Covenants and Restrictions. All other words and phrases, as used herein, shall have the same definitions as attributed to them in the aforesaid Declaration of Covenants and Restrictions.
ARTICLE II - MEMBERSHIP AND VOTING PROVISIONS
Section 1. Membership. Hembership in the Association shall be limited to Owners of the Living Units as defined in the Declaration. Transfer of Living Unit ownership, either voluntarily or by operation of law, shall terminate membership in the Association, and said membership is to become automatically vested in the transferee upon the recordation in the Public Records of Osceola County, Florida, of the deed or other instrument establishing the acquisition and designating the Living Unit affected thereby. If Living Unit ownership is vested in more than one (1) person, then all of the persons so owning said Living Unit shall be members eligible to hold office, attend meetings, etc., but, as hereinafter indicated, the vote of a Living Unit shall be cast by the "voting member", If Living Unit ownership is vested in a corporation, or other legal entity said corporation or other legal entity may designate an individual officer, employee or other representative of the corporation or other legal entity as its "voting member",
Section 2. Voting.
(a) The OWner(s) of each Living Unit shall be entitled to one (1) vote for each Living Unit. If an Owner owns more than one (1) Living Unit, he shall be entitled to ~ote for each Living Unit owned. •rhe vote of a Living Unit is not divisible.
(b) A majority of the voting members' total votes cast shall decide any question, unless the Declaration, Articles of Incorporation or these Bylaws of the Association provide otherwise, in which event, the voting percentage required in the said Declaration shall control.
Section 3. Quorum. Unless otherwise provided by these Bylaws, the Declaration or the Articles of Incorporation, the presc·nce in person or by proxy of a majority of the total votes held by voting members shall constitute a quorum. The joinder of
a member in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such member for the purpose of determining a quorum.
Section 4. Proxies. Votes may be cast in person or by proxy. All proxies shall be in writing and signed by the person entitled to vote (as set forth below in Section 5), and sh~ll be filed with the Secretary of the Association not less than three (3) days prior to the meeting in which they are to be used and shall oe valid only for the particular meeting designated therein, and any lawfully adjourned meetings thereof. Where a Living Unit is owned jointly by a husband and wife, and if they have not designated one (1) of them as a voting member, a proxy must be signed by both husband and wife where a third person is designated.
Section 5. Designation of Voting Member. If a Living Unit is owned by one (1) person, his right to vote shall be established by the recorded deed or other instrument establishing title to the Living Unit. If a Living Unit is owned by more than one (1) person, the person entitled to cast the vote for the Living Unit shall be designated in a Certificate, signed by all of the record owners of the Living Unit and filed with the Secretary of the Association. If a Living Unit is owned by a corporation, or other legal entity the officer, employee or other representative thereof entitled to cast the vote of the Living Unit for the corporation or other legal entity shall be designated in a Certificate for this purpose signed by the President, Vice President, or other authorized signatory and filed with the Secretary of the Association. The person designated in such Certificate who is entitled to cast the vote for a Living Unit shall be known as the 11 Voting membern, If such a Certificate is not on file with the Secretary of the Association for a Living Unit owned by more than one (1) person, by a corporation or other legal entity, the vote of the Living Unit concerned shall not be considered in determining the requirement for a quorum, or for any purpose requiring the approval of a person entitled to cast the vote for the Living Unit, except if said Living Unit is owned by a husband and wife. Such Certificates shall be valid until revoked, superseded by a subsequent Certificate, or a change in the ownership of the Living Unit concerned takes place.
If a Living Unit is owned jointly by a husband and wife, the following three (3) provisions are applicable thereto•
(a) They may, but they shall not be required to, designate a voting member.
(b) If they do not designate a voting member, and if both are present at a meeting and are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to vote on that subject at that meeting. (As previously provided, the vote of a Living Unit is not divisible.)
(c) Where they do not designate a voting member and only one (1) is present at a meeting, the person present may cast the Living Unit vote just as though he or she owned the Living Unit individually and without establishing the concurrence of the absent person.
ARTICLE III - MEETING OF THE MEMBERSHIP
Section 1. Notices. It shall be the duty of the Secretary to mail or deliver a notice of each annual or special meeting, stating the time and place thereof to each Living Unit Owner of record. All notices shall be mailed to or served at the address of the Living Unit Owner as it appears on the books of the Association as hereinafter set forth. Notices of annual meetings
2
shall be furnished to each member, and, except in the event of an emergency, notices of special meetings shall be furnished to each member at least three (3) days prior to such meeting. Notice of a special meeting may be waived either before or after the meeting, in writing.
Section 2. Annual Meeting. The annual meeting for the purposes of electing Directors and transacting any other bUsiness authorized to be transacted by the members shall be held once in each calendar year at such time and on such date in each calendar year as the Board of Directors shall determine. At the annual meeting, the members shall elect by plurality vote (cumulative voting prohibited), a Board of Directors and shall transact such other business as may properly be brought before the meeting.
Section 3. Special Meeting. Special meetings of the members for any purpose or purposes 1 unless otherwise prescribed by· statute, may be called by the President, and shall be called by the President or Secretary at the request in writing of a majority of the Board of Directors, or at the request in writing of voting members representing twenty-five percent (25%) of the members which request shall state the purpose or purposes of the proposed meeting. Business transacted at all special meetings shall be confined to the matters stated in the notice thereof.
section 4. Waiver and Consent. Whenever the vote of members at a meeting is required or permitted by any provision of these Bylaws to be taken in connection with any action of the Association, the meeting and vote of members may be dispensed with if not less than three-fourths (3/4ths) of the total votes of the members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken; however, notice of such action shall be given to all members unless all members approve such action.
Section 5. Adiourned Meeting. If any meeting of members cannot be organized because a quorum of the total votes held by members is not present, either in person or by proxy, the meeting may be adjourned from time to time until a quorum is present.
ARTICLE IV - DIRECTORS
Section 1. Number. The affairs of this Association shall be managed by a Board of not less than three ( 3) nor more than seven (7) Directors who shall be members of the Association, except that Directors elected or appointed by the Developer need not be members of the Association.
Section 2. Term of Office, At the first annual meeting after the expiration of the term of the Directors and the initial Board of Directors, and at subsequent annual meetings thereafter, the members shall elect three (3) Directors who shall each serve for a term of one (1) year, unless he/she shall earlier resign, or shall be removed, or otherwise be disqualified to serve.
Section 3. First Board of Directors.
(a) The first Board of Directors of the Association who shall hold office and serve until the first annual meeting of members, and until their successors have been elected and qualified, shall consist of the following•
Ramon E. Alonso Charles D. O'Hara
Morris A. Williams, Jr.
(b) The meeting of a newly elected Board of Directors of the Association shall be held within ten (10) days of their election at such place and time as shall be fixed by the
3
Directors at the meeting at which they were elected, and no further notice of the meeting shall be necessary, provided a quorum shall be present.
Section 4. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the total votes held by members of the Association.
Section 5. Vacancies. If the office of any Director or Directors becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining Directors, though less than a quorum, shall choose a successor or successors who shall hold office for the balance of the unexpired term in respect to which such vacancy occurred. The election held for the purpose of filling said vacancy may be held at any regular or special meeting of the Board of Directors,
Section 6. Disqualification and Resignation, Any Director may resign at any time by sending a written notice of such resignation to the office of the Corporation, delivered to the Secretary, Unless otherwise specified therein, such resignation shall take effect upon receipt thereof by the Secretary. Commencing with the first meeting of the newly elected Board of Directors following the first annual meeting of the members of the Association, more than three (3) consecutive absences from regular meetings of the Board of Directors, unless excused by resolution of the Board of Directors, shall automatically constitute a resignation effective when such resignation is accepted by the Board of Directors. Commencing with the Directors elected at such first annual meeting of the membership, the transfer of title of his Living Unit by a Director shall automatically constitute a resignation, effective upon the recordation in the Public Records of Osceola County, Florida, of the deed or other instrument establishing the transfer. No member shall continue to serve on the Board should he be more than thirty (30) days delinquent in the payment of an assessment, and said delinquency shall automatically constitute a resignation, effective when such resignation is accepted by the Board of Directors.
Section 7. Compensation. No Director shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties.
Section 8. Regular Meetings. Regular meetings of the Board of Directors shall be held without notice at such place and hour as may be fixed from time to time by resolution of· the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 9. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President and, in his absence, by the Vice President of the Association, or by any two (2) Directors, after not less than three (3) days notice in writing to each Director of the time and place of said meeting, except in the event of an emergency. All notices of special meetings shall state the purpose of the meeting.
Section 10. Action Taken Without a Meeting, The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
Section 11. Directors' Waiver of Notice. Before or at any meeting of the Board of Directors, any Director may waive notice
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of such meeting and such waiver shall be deemed equivalent to the giving of notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
Section 12. Quorum. At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at such meetings at which a quorum is present shall be the acts of the Board of Directors. If at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum shall be present. At each such adjourned meeting, any business which might have been transacted at the meeting, as originally called, may be transacted withqut further notice, The joinder of a Director in the action of a meeting by signing and concurring in the Minutes thereof shall constitute the presence of such Director for the purpose of determining a quorum.
Section 13. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two (2) or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.
Section 14. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may be cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration, The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Section 15. Powers. The Board of Directors of the Corporation shall have the powers necessary for the administration of the affairs of the Association. The powers shall specifically include, but shall not be limited to, the following•
(a) To suspend the voting rights of a member during any period in which such member shall be in default for more than thirty (30) days after notice in the payment of any assessment levied by the Association.
(b) To exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration;
(c) •ro declare the office of member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors;
(d) To employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties;
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(e) To further improve the Common Area, both real and personal property, subject to the provisions of these Bylaws, the Articles of Incorporation, or the Declaration; and
(f) To further designate one (1) or more committees which, to the extent provided in'the resolution designating said committee, shall have the powers of the Board of Directors in the management, affairs and business of the Association. The · committee or committees shall have such name or names as may be determined from time to time by the Board of Directors, and said committee(s) shall keep regular Minutes of their proceedings and report the same to the Board of Directors, as required. The foregoing powers shall be exercised by the Board of Directors or its contractor or employees, subject only to approval by Living Unit Owners when such is specifically required.
Section 16. Duties. It shall be the duty of the Boar~ of Directors as follows:
(a) To cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the· members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (l/4th) of the Class A members who are entitled to vote;
(b) To supervise all officers, agents and employees of the Association, and to see that their duties are properly performed;
(c) As more fully provided in the Declaration; to1
(1) fix the amount of the annual general assessment;
(2) send written notice of each assessment to every OWner subject thereto at least thirty (30) days in advance of each annual assessment period; and
(3) file and foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner.
(d) To issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment)
(e) To cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate, in which event, the Association shall bear the cost thereof;
(f) To procure and maintain adequate liability and hazard insurance on property to be maintained by the Association; and
(g) To cause the Common Area to be maintained.
ARTICLE V - OFFICERS
Section 1. Enumeration of Officers. The officers of the Association shall be a President and Vice President, who shall at all times be members of the Board of Directors, and a Secretary, a Treasurer, and such other officers as the Board may from time to time by resolution create, who shall be from among the
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members, except that officers elected or appointed by the Developer need not be members of the Association.
Section 2. Election. place at the first meeting each annual meeting of the
The election of of the Board of members.
officers shall take Directors following
Section 3. Term. The officers of the Association shail be elected annually by the Board and each shall hold office for one (1) year unless he/she shall earlier resign, or shall be removed, or otherwise be disqualified to serve.
Section 4, Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such dutiea·as the Board may, from time to time, detennine.
Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time, by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. The acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies, A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he/she replaces.
Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No other person shall simultaneously hold more than one (1) of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Section 0, Duties, '!'he duties of the officers are as followst
(a) President. The President shall be the chief executive officer of the Association; shall preside at all meetings of the Living Unit Owners and of the Board of Directors; shall have executive powers and general supervision over the affairs of the Association and other officers; shall sign all written contracts to perform all of the duties incident to his office and which may be delegated to him from time to time by the Board of Directors.
(b) Vice President. The Vice President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
(c) Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses; shall have charge of all of the Association's books, records and papers, except those kept by the Treasurer, and shall perform such other duties as required by the Board.
(d) Treasurer, The Treasurer shall receive and deposit in appropriate bank accounts all moneys of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; shall keep proper books of
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account, shall cause an annual review of the Association's books to be made by a certified public accountant at the completion of each taxable year; shall prepare an annual budget and a statement of income and expenditures to be presented to the members at the regular annual meeting, and deliver a copy of each to the members; and shall collect the aSsessments and promptly report to the Board of Directors the status of collections and of all delinquencies. · ·
ARTICLE VI - BOOKS AND RECORDS
Section 1. OWner Register. The Association shall maintain a register of the name and mailing address of all OWners. In the event that the address of an Owner is different from the property address and the Association has not been provided with the different address, the property address shall be deemed to be same, and any notice sent to the said property address shall comply with the requirements of these Bylaws, the Declaration, and the Articles of Incorporation. If a Living Unit is owned by more than one (1) person, they shall provide the Association with one (1) mailing address for said Living Unit, and, in the event same is not provided to the Association, it shall be deemed to be the property address. Any change of address shall be effective only as to future notices, and shall not affect any notices previously provided to the members, even in the event that the meeting or other occurrence in the said notice has not occurred as of the time of giving of said address change.
Section 2. Inspection by Members. The books, records and papers of the Association shall, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation, and the Bylaws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at a reasonable cost.
ARTICLE VII - FINANCES AND ASSESSMENTS
Section 1. Depositories. The funds of the Association shall be deposited in such banks and depositories as may be determined by the Board of Directors from time to time upon resolutions approved by the Board, and shall be withdrawn only upon checks and demands for money signed by such officer or officers of the Association as may be designated by the Board of Directors. Obligations of the Association shall be signed by at least two (2) officers of the Association.
Section 2. Fidelity Bonds. The Treasurer and all officers who are authorized to sign checks, and all officers and employees of the Association, and any contractor handling or responsible for Association funds, shall be bonded in such amount as may be determined by the Board of Directors. The premiums on such bonds shall be paid by the Association. The bond shall be in an amount sufficient to equal the monies an individual handles or has control of via a signatory or a bank account or other depository account.
Section 3. Taxable Year. The taxable year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first taxable year shall begin on the date of incorporation.
Section 4. Determination of Assessments.
(a) The Board of Directors of the Association shall fix and determine from time to time the sum or sums necessary and adequate to pay for the expenses of the Association. Association expenses shall include those expenses as set forth in Article V
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of the Declaration, including the costs of carrying out the powers and duties of the Association, and such other expenses as are determined by the Board. The Board is specifically empowered, on behalf of the Association, to make and collect assessments and to maintain and repair areas as provided in the Declaration, subject to the provisions of Article IV of the Declaration. Funds for the payment of Association expense~ shall be assessed against the Living Unit Owners on an equal basis as provided in the Declaration, Said assessments shall be payable in advance as determined by the Board of Directors, and shall be due when ordered by the Board. Special assessments, should such be required by the Board of Directors, shall be levied in the same manner as hereinbefore provided for regular assessments and shall be payable in the manner determined by the Board.
(b) When the Board of Directors has determined the amount of any assessment, the Treasurer of the Association shall mail or present to each Living Unit Owner a statement of said Living Unit Owner's assessment. All assessments shall be payable to the Treasurer of the Association, and upon request said Treasurer shall give a receipt for each payment made to him.
(c) The Board of Directors shall adopt an operating budget for each fiscal year pursuant to Article V of the Declaration.
Section 5. Application of Payments and Commingling of Funds. All sums collected by the Association from assessments may be commingled in a single fund or divided into more than one (1) fund as determined by the Board of Directors of the Association. All assessment payments by a Living Unit OWner shall be applied as to interest, delinquencies, costs and attorneys' fees, other charges, expenses and advances, as provided herein and in the Declaration, and general or special assessments in such manner and amounts as the Board of Directors determines, in its sole discretion.
Section 6. Acceleration of Assessment Installments Upon Default. If a Living Unit OWner shall be in default in the payment of an installment upon any assessment, the Board of Directors may accelerate the remaining monthly installments for the fiscal year upon notice thereof to the Living Unit owner and, thereupon, the unpaid balance of the assessment shall become due upon the date stated in the notice, but not less than ten (10) days after delivery of or in the mailing of such notice to the Living Unit Owner.
Section 7. Delinquent Assessments. As more fully provided in the Declaration, each member, regardless of how title is acquired, including a purchase at a judicial sale, is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. In a voluntary conveyance, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the common expenses up to the time of conveyance. Any assessment which is not paid within ten ( 10) days of its due date shall be delinquent. Following delinquency of any assessment, the Association may bring an action at law against the OWner personally obligated to pay the same or file and foreclose a lien against the property, and interest, costs and reasonable attorneys' fees, including all appellate levels, of any such action shall be added to the amount of such assessment. No OWner may waive or otherwise escape liability for the assessments provided for herein by abandonment of his Living Unit.
ARTICLE VIII - AMENDMENTS
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section 1. Amendments, These Bylaws may be amended at a regular or special meeting of the Board of Directors by the affirmative vote of a majority of the memebers of the Board.
Section 2. Recordation. Any amendment to these Bylaws shall be certified and recorded as reqUired in the Declaration.
Section 3. Conflicts. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall prevail, If any unreconciled conflict should exist or hereafter arise with respect to the interpretation of these Bylaws as between these Bylaws and the Declaration, the Declaration shall prevail. No amendment of these Bylaws shall change the rights and privileges of the Developer without the Developer's prior written approval.
section 4. FHA/VA Approval. Until the Class "B" memb13rship ceases to exist, the following actions will require the prior approval of the FHA or the VA1
Any Amendment to the Bylaws must be approved by the FHA or the VA other than Amendments to correct ambiguities or conflicts. Approval of the FHA or VA shall only be
required if any mortgage encumbering a Living Unit is guaranteed or insured by either of such agencies,
ARTICLE IX - INDEMNIFICATION
Section 1. Indemnification. The Association shall have the authority to indemnify any Director or officer made a party or threatened to be made a party to any threatened or pending action, suit or proceeding, whether civil, criminal, administrative, or investigative, brought to impose a liability or penalty on such person for an act alleged to have been committed by such person in his capacity as Director or officer of the Association, or in his capacity as director, officer, employee or agent of any other corporation, partnership, joint venture, trust or other enterprise which he serves at the request of the Association, against judgments, fines, amounts paid in settlement, and reasonable expenses, including attorneys' fees, actually and necessarily incurred as a result of such action, suit, or proceeding or any appeal therein, if such person acted in good faith in the reasonable belief that such action was in the best interests of the Association, and in criminal actions or proceedings, without reasonable ground for belief that such action was unlawful, The termination of any such action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not in itself create a presumption that any such Director or officer did not act in good faith in the reasonable belief that such action was in the best interests of the Association or that he had reasonable grounds for belief that such action was unlawful, Such person shall not be entitled to indemnification in relation to matters as to which such person has been adjudged to have been guilty of negligence or misconduct in the performance of his duty to the Association unless and only to the extent that the court, administrative agency, or investigative body before which such action, suit, or proceeding is held shall determine upon application that, despite the adjudication of liability, but in view of all circumstances of the case, the person is fairly and reasonably entitled to indemnification for such expenses which such tribunal shall deem proper.
Section 2. Determination of Amounts. The Board of Directors shall determine whether amounts for which a Director or officer seeks indemnification were properly incurred, and whether such Director or officer acted in good faith and in a manner he reasonably believed to be in the best interests of the Association, and whether, with respect to any criminal action or proceeding, he had no reasonable ground for belief that such
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action was unlawful. Such determination shall be made by the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties to such action, suit or proceeding. In the event that all the Directors were parties to such action, suit or proceeding, such determination shall be made by the members of the Association by a majority vote of a quorum.
Section 3. No Limitation, '!'he foregoing rights of indemnification shall not be deemed to limit in any way the powers of the Association to indemnify under applicable law.
ARTICLE X - LIABILITY SURVIVES TERMINATION OF MEMBERSHIP
The termination of membership in the Association shall not relieve or release any such former OWner or member from any liability or obligations incurred under or in any way connected with the Association during the period of such ownership of a Living Unit and membership in the Association, or impair any rights or remedies which the Association may have against such former Owner and member arising out of or in any way connected with such ownership and membership, and the covenants and obligations incident thereto.
ARTICLE XI - LIMITATION OF LIABILITY
Notwithstanding the duty of the Association to maintain and repair areas as provided in the Declaration, the Association shall not be liable for injury or damage caused by a latent condition in the property, nor for injury or damage caused by the elements or by other persons.
ARTICLE XII - PARLIAMENTARY RULES
Robert's Rules of Order (latest edition) shall govern the conduct of the Association's meetings when not in conflict with the Declaration, or these Bylaws.
ARTICLE XIII - PARAMOUNT RIGHTS OF DEVELOPER
All of the applicable terms and provisions of the Articles or these Bylaws shall be subject to the Declaration of Covenants and Restrictions as to th9 rights and powers of the Developer, which rights and powers shall be deemed paramount to the applicable provisions of the Articles or these Bylaws.
IN WITNESS WHEREOF, we, being all of the Directors of S'fRAFFORD PARK AT BEAR BAY HOMEOWNERS' AS!J8CIATION, INC. , have hereunto set our hands and seals this .d3::- day of .''5Joka.bU\.,, 1991. I
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