DECLARATION
OF COVENANTS AND RESTRICTIONS
THIS
DECLARATION
made this 10th
day of November,
1980
by GENERAL
DEVELOPMENT CORPORATION,
a Delaware Corporation; herein after called
Developer. As amended and restated on
the 23rd day of January, 1995 by a duly held meeting January
23rd,
1995 and amended and restated on the 25th day of March, 2002
at a
duly held meeting on March 24th, 2003 and amended and
restated on
the 22nd day of March, 2004 and amended and restated at a
duly held
meeting on January 6th, 2005, and amended and restated on
the 27th
day of March, 2005, at a duly held meeting of the POA and amended and
restated
at a duly called meeting of the POA on the 28th day of November 2005, and amended and restated
at a duly held meeting of the POA on January 28th, 2008 and amended and restated at a duly held
meeting of the POA on November 22, 2010 by THE
VILLAGE
OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY OWNERS’ ASSOCIATION,
INC.
a Not-For-Profit Corporation organized and existing
under the laws of the State of Florida, hereinafter referred to as POA.
WITNESSETH:
WHEREAS,
POA
is the owner of
the real property described in Schedules “A” and
“B” attached to this
Declaration and desire to create thereon a planned residential
community with
open spaces and green belts for the benefit of the said community; and
WHEREAS,
POA
desires to
provide for the preservation of the values in said community and for
the
maintenance of said open spaces, green belts and other common
facilities; and
to this end, desires to subject the real property described in
Schedules “A”
and “B” together with such additions as may hereafter be
made thereto (as
provided in Article II) to the Covenants, Restrictions, easements,
charges and
liens, hereafter set forth, each and all of which is and are for the
benefit of
said property and each owner thereof; and
WHEREAS,
POA
has deemed it
desirable for the efficient preservation of the values in said
community, to
create an agency to which should be delegated and assigned the powers
of
maintaining and administering the community properties and facilities
and
administering and enforcing the Covenants and Restrictions and
collecting and
disbursing the assessments and charges hereinafter created; and
WHEREAS,
POA
has incorporated
under the laws of the State of Florida, as a Not-For-Profit
Corporation, THE
VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY OWNERS’
ASSOCIATION, INC.
for the purpose of exercising the functions aforesaid,
NOW
THEREFORE,
the POA declares
that the real property described in Schedules “A” and
“B” and such additions
thereto as may be made pursuant to Article II, hereof, is and shall be
held,
transferred, sold, conveyed and occupied subject to the Covenants,
Restrictions, easements, charges and liens (sometimes referred to as
“Covenants
and Restrictions”) hereinafter set forth.
ARTICLE
I
DEFINITIONS
SECTION 1. The following
words when used in this Declaration or any Declaration (unless the
context
shall prohibit) shall have the following meanings:
(a).“POA”
shall mean and refer to THE VILLAGE OF
HOLIDAY
LAKE OF CHARLOTTE COUNTY PROPERTY OWNERS’
ASSOCIATION, INC.
(b).
“The Properties” shall mean and refer to all
such existing
Properties,
and additions thereto, as are
subject to
this
Declaration or any Supplemental Declaration under the provisions of
ARTICLE II
thereof.
(c).
“Common Properties” shall mean and refer to
those areas of land shown on
any recorded subdivision plat of The Properties and intended to be
devoted to
the common use and enjoyment of the owners of The Properties, as more
fully
described in ARTICLE II, Section 2 hereof and on “Schedule
B” attached hereto.
(d).
“Lot” shall mean and refer to any plot of land
shown upon any recorded
subdivision map of The Properties with the exception of Common
Properties as
heretofore defined.
(e).
“Owner” shall mean and refer to
the recorded owner, whether one or more persons or entities, of the fee
simple
title to any Lot, but notwithstanding any applicable theory concerning
a
mortgage encumbering any Lot, shall not mean or refer to the mortgage
unless
and until such mortgage has acquired title pursuant to foreclosure or
any
proceeding in lieu of foreclosure.
(f).
“Member” shall mean and refer to all those
Owners who are members of the
POA as provided in ARTICLE III, Section 1 hereof.
ARTICLE
II
PROPERTY
SUBJECT TO THIS DECLARATION:
ADDITIONS
THERETO
SECTION 1. EXISTING
PROPERTY. The
real property which is, and shall be held,
transferred, sold, conveyed and occupied to this Declaration is located
in
Charlotte County, Florida and is more particularly described as follows:
Lots
situated in THE
VILLAGE
OF HOLIDAY LAKE
according to the
plat thereof as recorded in Plat Book 15, Pages 5A-5F of the Public
Records of
Charlotte County, Florida as shown on Schedule “A” attached
hereto.
Lots
situated in first Re-Plat in THE
VILLAGE OF HOLIDAY LAKE
according to the
plat thereof in Plat Book 15 at Page 40A of the Public Records of
Charlotte
County, Florida.
Lots
situated in Unit Two of THE
VILLAGE OF HOLIDAY LAKE
according to the
plat thereof to be recorded in the Public Records of Charlotte County,
Florida in Plat Book 15 at Pages 51A-51C. All of which said lots shall
hereinafter be referred to as “The Properties.”
SECTION 2. COMMON PROPERTIES. That,
the property
described in Schedule “B” attached hereto being:
Block 1, Loris Court, Tracts A, B,
C, D, F, G, H, I, J, K, L, and S and all private streets and roads
including
that part of Marathon Boulevard adjacent to the Village of Holiday Lake
as they
appear in said plat excepting there from Butterford Waterway (which has
been
dedicated to the public) in THE
VILLAGE OF HOLIDAY
LAKE
according to the plat thereof recorded in Plat Book 15 at Pages 5A
through 5F of the Public Records of Charlotte County, Florida;
Tracts A1, A2, A3, and A4 as well as
all private streets and roads as they appear in First Re-Plat in THE
VILLAGE OF HOLIDAY LAKE
including that
part of Marathon Boulevard adjacent to the Village of Holiday Lake
according to
the plat thereof recorded in Plat Book 15 at Page 40A of the Public
Records of
Charlotte County, Florida; and
Tracts A1, A2, and A3 as well as all
private streets and roads as they appear in said plat of Unit Two of THE
VILLAGE OF HOLIDAY LAKE;
including that
part of Marathon Boulevard adjacent to the Village of Holiday Lake
according to
the plat thereof recorded in the Public Records of Charlotte County,
Florida in
Plat Book 15 at Pages 15A through 15C.
Be referred to as “Common
Properties”,
be dedicated as
recreational and/or park areas and for ingress and egress and that the
use of
said common
properties
be restricted and devoted to the common use and enjoyment of the owners
of “The Properties” as herein defined.
SECTION 3. ADDITIONS
TO EXISTING PROPERTY. Additional land may become subject to this
Declaration in the following manner:
(a).
ADDITIONS. Upon
approval in writing of the POA pursuant to a
vote of its members as provided in
the Articles of Incorporation, the owner of any property who desires to
add to
the scheme of this Declaration and to subject it to the jurisdiction of
the POA
may file or record a Supplemental Declaration of Restrictions.
(b).
MERGERS. Upon a merger
or consolidation of the POA with another Association as provided for in
its
Articles of Incorporation, its properties, rights and obligations may,
by
operation of Law, be transferred to another surviving or consolidated
Association, or alternatively, the properties, rights and obligations
of
another Association may, by operation of Law, be added to The
Properties,
rights and obligations of the POA as a surviving corporation pursuant
to a
merger, the surviving or consolidated Association may administer the
Covenants
and Restrictions established by the Declaration within the Existing
Property
except hereinafter provided.
ARTICLE
III
MEMBERSHIP
AND VOTING RIGHTS IN THE POA
SECTION 1.
MEMBERSHIP. Every
person or entity who is a record owner of a fee
or undivided fee interest in any lot which is subject by these
Covenants of
Record to Assessment by the POA, provided
that
any such person
or entity who holds such interest merely as a security for the
performance of
an obligation shall not be a member.
SECTION 2.
VOTING RIGHT. Members
shall be all those owners as defined in
Section 1. Members who are current in
the payment of their maintenance assessments shall be entitled to one
vote for
each Lot in which they hold the interest required for membership by
Section 1
of this ARTICLE. When more than one
person holds such interest or interests in any Lot, all such persons
shall be
Members, and the vote for such Lot shall be exercised as they among
themselves
determine, but in no event shall more than one vote be cast with
respect to any
Lot.
SECTION 3.
QUORUM. Unless
stated separately, the presence of one-third
of the Members voting in person or by proxy at any regular or special
meeting
of the Membership shall constitute a quorum for any action governed by
the
ARTICLES OF INCORPORATION or by the BY-LAWS of this Corporation.
ARTICLE
IV
PROPERTY
RIGHTS IN THE COMMON PROPERTIES
SECTION 1.
MEMBERS EASEMENTS OF ENJOYMENT. Subject to the provisions of Section 2, every
Member subject to assessments as provided in ARTICLE V, Section 4
hereof, shall
have a right and easement of enjoyment in and to the Common Properties
and such
easement shall be appurtenant to and shall pass with the title of every
Lot.
SECTION 2.
USE OF COMMON PROPERTIES FOR DRAINAGE. The Common Properties may be used
for drainage and the temporary retention of storm water run-off from
the
properties and other contiguous property, as well as for open spaces,
recreation, rights of ingress and egress and other related activities. No structure, planting or other material
shall be placed or permitted to remain in the Common Properties that
might
impair or interfere with the drainage or temporary retention of storm
water
run-off of The Properties or other contiguous property.
SECTION 3.
EXTENT OF MEMBERS’ EASEMENTS. The
right and easements of enjoyment created hereby
are subject to the following:
(a). The right
of the POA, in accordance with its ARTICLES and BY-LAWS to borrow money
for the
purpose of improving the Common Properties and in aid thereof to
mortgage said
properties. In the event of a default
upon any mortgage, the lenders right hereunder shall be limited to a
right,
after taking possession of such properties, to charge admission and
other fees
as a condition to continue enjoyment by the Members, and, if necessary,
to open
the enjoyment of The Properties to a wider public until the mortgage
debt is
satisfied whereupon the possession of such properties shall be returned
to the
Association and all rights of the Members hereunder shall be fully
restored;
and
(b).
The right of the POA to take such
steps as are
reasonably necessary to protect the above described properties against
foreclosure; and
(c).
The right of the POA to fine, or
to suspend the enjoyment rights of any Member for any period during
which any
assessment remaining unpaid or for any infraction of its published
Rules and
Regulations as stated in the BY-LAWS; and
(d). The
right of the POA to charge reasonable admission and other fees for the
use of
the Common Properties; and
(e). The
right of individual Members to the exclusive parking spaces as provided
in
Section 4 of this ARTICLE; and
(f). The
drainage and temporary retention of storm water run-off uses of the
Common
Properties referred to in Section 2 of this ARTICLE; and
(g). The
right of the POA to dedicate or transfer all or any part of the Common
Properties to any public agency, authority or utility for such purposes
and subject
to such conditions as may be agreed to by the Members, provided
that
no such dedication or transfer or determination as
to the purposes or as to the conditions hereof, shall be effective
unless an
instrument signed by the President and Secretary of the POA be
recorded,
certifying that at a special or regular meeting of Members called for
such
purpose, and a two-thirds (2/3) vote of its membership was obtained
either in
person or by proxy, agreeing to such dedication or transfer.
(h). The
right of the POA to operate, maintain and lease the Common Properties.
SECTION 4. PARKING RIGHTS. The
POA may
designate and maintain
upon
the Common Properties certain parking spaces for
the exclusive use of the
Members,
their families and guests. The use of any
such parking spaces by any
other
person may be enjoined by the POA or the
Members entitled thereto. No
parking
shall be permitted in other than designated
parking areas.
SECTION 5.
UTILITY EASEMENTS. The Board of Directors of the POA has the
right to grant easements for the installation and maintenance of
temporary
roads and public utilities on the Common Properties in addition to
those
already reserved. No such grant shall
require the removal or relocation of any improvement existing on the
Common Properties
on the date of such grant.
SECTION
6. BOAT AND DOCK SLIPS.
The
Board of
Directors of the POA has the right to designate, install, lease and
maintain
upon the Common Properties certain Boat docks and dock slips for the
exclusive
use of the Members, their families, tenants and guests. The boat dock
shall
contain boat slips to be leased by the POA. The use of any such boat
slip by
any person, other than the person holding a current boat slip lease,
may be
enjoined by the POA or the Members entitled thereto. The boat slip
operation
and lease requirements are as follows:
(a)
All
boat docks located on or appurtenant to Common Property are the
property of the
Association. The Common Property includes the marina dock area, which
consists
of the water surrounding the boat dock and the launch ramp; the boat
dock which
consist of the main boat dock access to each boat slip; the boat slips
which
consist of the finger docks where the individual docks are tied and
stored; and
the boat launch which consists of the ingress and egress area for boats
to
enter into and out of the marina dock area from the mainland.
(b)
Notwithstanding
any other provision contained in this Declaration, the Association may,
upon
approval of the Board of Directors and without the necessity of a
further unit
owner vote, lease, construct, improve, maintain, repair and replace all
boat
docks, boat slips and boat launch located on or appurtenant to Common
Property.
(c)
The
construction, improvement, maintenance, insurance, utilities, repair
and
replacement of the boat docks, boat slips and the boat launch shall be
a Common
Expense. The Board of Directors may establish a reserve account to fund
future
boat dock, boat slip and launch ramp deferred maintenance and/or
improvement.
(d)
The
Association may lease boat slips only to a Member or his Tenant.
(e)
The
Association has the power to charge rent to those Members or their
tenants who
accept a boat slip lease.
(f)
The
Association has the power to determine, in its discretion, a method of
annually
allocating boat slip leases to the Members or their tenants.
(g)
The
right to lease the boat slip shall terminate and the right to use the
boat slip
shall automatically transfer to the Association at the time the Member
or his
tenant ceases to live in the Village of Holiday Lake.
(h)
The
right to lease the boat slip shall terminate and the right
to use the boat slip shall automatically
transfer to the Association at the time the Member or his tenant ceases
to pay lease rent to the Village of
Holiday
Lake.
(i)
Each
boat slip lease shall terminate and automatically transfer to the
Association
at the end of each annual lease term.
(j)
The
Association shall upon termination of a lease, lease the dock slip to
the same
or another Member in the manner determined by the Board of Directors to
allocate dock slip leases.
(k)
The
Association is entitled to obtain a reasonable transfer fee in
connection with
each boat slip lease in addition to payment of the rent.
(l)
The
Association has the power to create and enforce marina area, boat dock,
boat
slip and boat launch rules and regulations which shall be enforced
according to
the requirements of this Declaration.
ARTICLE V
COVENANT
FOR MAINTENANCE ASSESSMENTS
SECTION 1. CREATION OF LIEN AND PERSONAL
OBLIGATION OF ASSESSMENTS. Except as hereinafter more fully provided,
each Owner of any Lot by acceptance of a deed therefore, whether or not
it
shall be so expressed in any such deed or conveyance, shall be deemed
to
covenant and agree to pay to the POA:
(a). Annual assessments or charges; and
(b).
Special assessments for
capital
improvement.
Such
assessments to be fixed established and
collected from time to time as herein provided.
The annual and special assessments, together with such
interest thereon
and costs of collection thereof as hereinafter provided, shall be a
charge on
the land and shall be a continuing lien upon the property against which
each
assessment is made. Each such
assessment, together with such interest thereon and cost of collection
thereof
as hereinafter provided, shall also be the personal obligation of the
person
who was the Owner of such property at the time when the assessment fell
due.
SECTION 2.
PURPOSE OF ASSESSMENTS. The
assessments levied by the POA shall be used
exclusively for the purpose of promoting the recreation, health, safety
and
welfare of the residents in The Properties and in particular for the
improvement and maintenance of property, services and facilities
devoted to
this purpose and related to the use and enjoyment of the Common
Properties of
the homes situated upon The Properties, including but not limited to,
the
payment of taxes and insurance on the Common Properties, and repair,
replacement and additions thereto, and for the cost of labor,
equipment,
materials, management and supervision thereof.
SECTION 3.
DATE OF COMMENCEMENT OF ANNUAL
ASSESSMENT; DUE DATES. The annual assessment shall be levied for the
balance of the calendar year in which it is imposed, and shall become
due and
payable on the first day of January of said year, payable in twelve
(12) equal
payments due on the first day of each month.
The due date of any special assessment under Section 5
hereof shall be
fixed in the resolution authorizing such assessment.
SECTION
4. BASIS AND
MAXIMUM OF ANNUAL ASSESSMENT. Except
as hereinafter provided, all assessments will
be due and payable from the date determined by the Board of Directors
as
provided in Section 3 of this ARTICLE.
The Board of Directors shall adopt a budget for the
expenses of the POA
in advance of each fiscal year as provided by the BY-LAWS.
If the annual assessment as established by
the Board of Directors is in excess of ten percent (10%) above the
assessment
for the previous year, it must have the approval of a majority of the
Members
of the POA who are voting in person or by proxy at a regular or special
meeting
as established in the BY-LAWS.
SECTION
5. SPECIAL
ASSESSMENTS FOR CAPITAL
IMPROVEMENTS. In
addition to the annual assessments referred to in
this ARTICLE, the Board of Directors may levy in any assessment year a
special
assessment, applicable to the time required for payment, for the
purposes of
defraying, in whole or part, the cost of any construction or
reconstruction,
unexpected repair or replacement of a described capital improvement
upon the
Common Properties, including the necessary fixtures and personal
property
related thereto, provided
that
any such
assessment shall have the approval of a majority of the Members of the
POA who
are voting in person or by proxy at a regular or special meeting as
established
by the BY-LAWS. Special Assessments for required maintenance of the
common
properties do not require owner approval.
SECTION 6. DUTIES OF THE BOARD OF
DIRECTORS. The
Board of Directors of the POA shall fix the Date
of commencement and the amount of assessment against each Lot for each
assessment period at least thirty (30) days in advance of such date or
period
and shall, at that time, prepare a roster of the properties and
assessment
applicable thereto which shall be kept in the office of the POA and
shall be
open to inspection by any Owner. Written
notice of assessment shall thereupon be sent to every Owner subject
thereto.
The
POA shall, upon demand at any time, furnish to
any Owner liable for said assessment a certificate in writing signed by
an
officer of the POA setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence
of payment of any assessment therein stated to have been paid.
SECTION 7.
EFFECT OF NON-PAYMENT OF ASSESSMENT. The Personal Obligation of the
Owner; The Lien Remedies of the POA. If
the assessments are not paid on the date when due (being the dates
specified in
Section 3 hereof), then such assessment shall become delinquent and
shall,
together with such interest thereon and cost of collection thereof as
hereinafter provided, thereupon become a continuing lien on the
property which
shall bind such property in the hand of the Owner, his heirs, devises,
personal
representatives and assigns. The
personal obligation of the then Owner to pay such assessment, however,
shall
remain his personal obligation for the statutory period, provided
however, that
no voluntary sale of any Lot shall be effective, nor shall any
marketable title
be conveyed unless and until the Seller has obtained from the proper
officers
of the POA a certificate, in recordable form, attesting to the fact
that the
Seller has paid all assessments to date.
If no such certificate is obtained and recorded, the
Purchaser shall be
conclusively presumed to have assumed such past due assessments and
shall
become forthwith liable therefore.
If the assessment is not paid within
thirty (30) days after the delinquency date, the assessment shall bear
interest
from the date of delinquency at the rate of the highest interest
permitted by
Law, and the POA may bring an action of law against the owner
personally
obligated to pay the same or to foreclose the lien against the property
and
there shall be added to the amount of such assessment the costs of
preparing
and filing the complaint in such action and in the event a judgment is
obtained
such judgment shall include interest on the assessment as above
provided and a
reasonable attorney’s fee to be fixed by the court together with
costs of the
action.
SECTION
8. SUBORDINATION OF THE LIEN
TO MORTGAGES. The
lien of the
assessments provided for herein shall be subordinated to the lien of
any first institutional
mortgage placed upon the properties, consistent with the requirements
set forth
in the Florida Statutes, except if the Association’s claim of
lien is recorded
prior to the recording of the mortgage. Any first mortgage recorded on
and
after July 1, 2008, shall be subject to the limited liability for
payment of
delinquent assessments as set forth in Chapter 720.3085, Florida
Statutes. Such
sale or transfer shall not relieve such property from liability for any
assessments thereafter becoming due, nor from the lien of any such
subsequent
assessment.
SECTION 9.
EXEMPT PROPERTY. The
following
property subject to this Declaration shall be exempt from the
assessments,
charges and liens created herein:
(a).
All properties to the extent of any easement or other
interest therein
is dedicated and accepted by the local public authority and devoted to
the
public use; and
(b).
All Common Properties as defined in ARTICLE I, Section 1
hereof; and
(c).
All properties exempt from taxation by the laws of the
State of Florida
upon the terms and to the extent of such legal exemption.
ARTICLE VI
ENVIRONMENTAL
CONTROL COMMITTEE
SECTION 1. APPOINTMENT OF COMMITTEE. There shall be
appointed by the Board of Directors of the POA, an Environmental
Control
Committee.
SECTION 2. REVIEW BY COMMITTEE. The
Environmental
Committee, in its review of all new/replacement units, modifications or
alterations to existing construction shall be guided by the following
standards
of environmental control, to-wit: those excluded in ARTICLE IX hereof:
and
(a).
Architectural Control. No
new/replacement unit, building, fence, wall, or other addition or
modification
to existing structures shall be commenced, erected or maintained upon
The
Properties, nor shall any exterior addition to or change, alteration
therein,
including patio covers, be made until the plans, drawn to appropriate
scale and
specifications showing the nature, kind, shape, height, material and
location
of the same including exterior color scheme shall have been submitted
to and
approved, in writing, as to harmony of external design and location in
relation
to surrounding structures, topography and vegetation by the
Environmental
Control Committee. Approval or disapproval
of the same shall be made by the Environmental Control Committee and
returned
to the applicant within a reasonable time, not to exceed thirty (30)
days after
receipt thereof.
(b).
Existing Trees. Existing
trees on
The Property will not be removed unless their removal proves to be
necessary
due to the emplacement of the structure or structures.
Location and size of all existing trees,
including those proposed to be removed, shall be indicated on
landscaping plans
and specifications, and subject to the approval of the Environmental
control
Committee.
(c).
Landscaping Approval. No
trees,
bushes, shrubs or plants which at maturity and without clipping or
pruning
thereof, would obstruct the view of pedestrians or vehicle drivers,
shall be
planted or emplaced until the plans and specifications for the
placement of any
such tree, bushes, shrubs or plants have been submitted to and approved
by the
Environmental Control Committee as to the preservation of the natural
view and
aesthetic beauty which each Lot and the community is intended to enjoy.
Said plans as submitted shall show in detail
and to scale the proposed elevations and locations of said trees,
bushes,
shrubs or plants, including the location of same in relation to all
other Lots
subject to these restrictions.
(d).
Committee Approval. Approval
of
said plans by the Environmental Control Committee may be withheld if in
the
opinion of the Committee the view of any Lot would be impeded by the
location
of such tree, bush, shrub or plant, or in any other manner. In any event, the Committee shall have the
right to require any Member to remove, trim, or prune any tree or
shrub, which
in the reasonable belief of the Committee impedes or detracts from the
view of
any Lot.
(e).
New/Replacement Units. All
new/replacement units must be approved as being correctly placed on lot
by the
Environmental Committee/Management BEFORE
the unit can be fastened down.
SECTION 3.
VARIENCES. The
Board of
Directors of the POA or the Environmental Control Committee appointed
by the
Board, may, with approval of the Charlotte County Planning and Zoning
Board,
approve variances to the requirements of ARTICLE
IX, SECTION 2.
SECTION 4. ATTORNEY’S FEES. In all
litigation involving architectural or environmental control, the
prevailing
party shall be entitled to collect and shall be awarded
attorney’s fees and
court costs.
ARTICLE
VII
EXTERIOR
MAINTENANCE
SECTION 1.
EXTERIOR MAINTENANCE. Property
maintenance
is the year round responsibility of all Owners.
Pursuant to agreement with the Owner, or upon
determination by the POA
that an Owner has failed to maintain the exterior of his Living Unit in
accordance with general standards of the community and above and beyond
maintenance furnished by the POA, then, after reasonable notice to the
Owner
specifying such failure and upon Owners neglect or refusal to correct
same,
then, in such event, and in addition to maintenance upon the Common
Properties,
the POA may provide exterior maintenance upon each such Living Unit as
follows:
paint, repair, replacement and care of roofs, gutters, down spouts,
exterior
building surfaces, trees, shrubs, grass, walks and other exterior
improvements. The cost thereof shall be
assessed to the
owner and shall be added to and become a part of the maintenance
assessments as
more particularly described in SECTION 2 hereof.
SECTION 2.
ASSESSMENT OF COST. The cost of such exterior maintenance shall
be assessed against the Lot upon which such maintenance is done and
shall be
added to and become part of the annual maintenance assessment or charge
to
which such Lot is subject under ARTICLE V hereof and, as part of such
annual
assessment or charge, it shall be a lien and obligation to the Owner
and shall
become due and payable in all respects as provided in ARTICLE V hereof,
Provided
that
the Board of Directors of the POA, when establishing
the annual assessment against each Lot for any assessment year as
required
under ARTICLE V hereof, may add thereto the estimated cost of exterior
maintenance for that year but, thereafter, shall make such adjustment
with the
Owner as is necessary to reflect the actual cost thereof.
SECTION 3.
ACCESS AT REASONABLE HOURS. For
the purpose solely of performing the exterior
maintenance authorized by the ARTICLE, the POA, through its duly
authorized
agents or employees shall have the right, after reasonable notice to
the Owner,
to enter upon the exterior of any Living Unit at reasonable hours on
any day
except Sunday.
SECTION 4.
COMMON AREA MAINTENANCE.
Common Area
Maintenance will include, but without limiting the generality of the
following
items:
(a). Grounds
maintenance of the common area including mowing, fertilizing,
insecticides,
etc.
(b). Irrigation
system maintenance.
(c). Pool
maintenance including cleaning, chemicals, maintenance of pumps, pool
heating,
including gas and maintenance of heating pumps.
(d). Air
conditioning maintenance of recreation building.
(e). Parking
lot cleaning and maintenance.
(f). Waste
removal from common area.
(g). Maintain
private streets and roads; maintain boat docks, boat slips and launch
ramp;
maintain perimeter wall, if any.
(h). Utilities
for common areas including water, sewer and electricity.
(i). Taxes
and insurance including real and personal property taxes for common
areas and
liability and fire insurance.
(j). Other
miscellaneous items which may be included such as exterminating
services,
security system maintenance and fire extinguisher services, etc.
(k). A
reserve for future maintenance and repairs.
(l). Lake
maintenance.
ARTICLE
VIII
WATER AND
SEWER UTILITIES
SECTION 1. PROHIBITION OF WELLS AND SEPTIC
TANKS. No
individual water well, septic tank or individual sewage disposal
facility shall be permitted on any Lot from such time when central
water and/or
sewer services are made available.
SECTION 2.
It
shall be a requirement that
no water closet be installed in any home to be constructed on any of
The
Properties having a capacity in excess of 3.5 gallons.
SECTION 3.
No
individual pools will be
permitted.
SECTION 4.
General
Development
Corporation, as the Developer, reserves to itself and its successors
and assigns
all water rights below 400 feet in depth under all of the property
described in
Schedule “A” and “B” attached hereto but with
no right of surface access
thereto.
ARTICLE
IX
UNIFORM
GENERAL REQUIREMENTS
SECTION
1.
RESIDENTIAL LOTS; USE AND MINIMUM SQUARE FOOTAGE REQUIREMENTS. All
Lots in The
Properties are designated as single family residence lots to contain
one story manufactured
homes as more fully indicated and no principal building shall be
constructed or
erected on any single family residence Lot other than a one story
manufactured
home as more specifically described in Schedule “A”. No single-family residence shall otherwise be
re-subdivided. No garage is allowed on a residential lot. Accessory
buildings
including but not limited to (sheds, etc.) are not permitted. A
“single-family”
is defined as one natural person, his/her spouse, if any, and their
custodial
children, if any, or not more than two (2) such persons not related by
blood,
marriage or adoption and their custodial children, if any, who
customarily
reside as a single housekeeping unit.
SECTION 1. B. LOT ELEVATION: Lot
elevations
have been set to maximize water runoff to the common properties. No lot elevation may be changed through the
addition of fill or any other material.
SECTION
2. A. BUILDING SETBACK REQUIREMENT shall
be in accordance with the requirements of
Charlotte County,
SECTION 2. B. Provided
however, that the Board of Directors of the POA or the
Environmental Control Committee, upon written application thereto as
provided
in ARTICLE VI, may, with the approval of Charlotte County Building and
Zoning
Board, approve individual variances from the requirements of this
ARTICLE IX,
SECTION 2A and 2B.
SECTION 3. RECREATIONAL VEHICLES. No travel
trailer, motor home, recreational vehicle, boat, tent, storage
building,
garage, barn or outbuilding erected on any Lot shall at any time be
used as a
residence, temporarily or permanently.
SECTION 4. PARKING. No
truck exceeding
one-ton capacity shall be parked overnight in areas zoned residential
unless
the truck is employed in the construction or remodeling of residential
units.
SECTION 5. SIGNS. No
sign of any
kind shall be displayed to the public view on any Lot except signs
permitted by
Charlotte County, all of which shall be approved by the Board of
Directors of
the POA or the Environmental Control Committee.
SECTION 6. ANIMALS. No animals,
livestock or poultry of any kind shall be raised, bred, or kept on any
Lot
except that dogs, cats or other domestic pets may be kept, provided
that they
are not kept, bred or maintained for any commercial purpose. Limit, two (2), animals per household.
SECTION 7. TRASH STORAGE. No Lot shall
be used or maintained as a dumping ground for rubbish. Trash, garbage,
or other
waste must be kept in sanitary containers in the trash enclosures
provided in
the project. No Lot in which
improvements have been constructed or erected shall be allowed to
become or
remain overgrown and/or unsightly.
SECTION 8. PLANTING. No hedge or
shrub planting which obstructs sight lines at elevations between two
(2’) and
six (6’) feet above the roadways shall be placed or permitted to
remain on any
corner Lot within the triangular area formed by the street property
lines and a
line connecting them at points twenty-five (25’) feet from the
intersection of
the street property lines, or in the case of a rounded property corner,
from
the intersection of the street property lines extended.
The same sight line limitations shall apply
on any Lot within ten (10’) feet from the intersection of a
street property
line with the edge of a driveway or alley pavement.
No tree shall be permitted to remain within
the above-described limits of intersections unless the foliage line is
maintained at or above six (6’) feet above the roadway
intersection elevation
to prevent obstruction of sight lines.
SECTION 9. TREE PRESERVATION. No large
trees measuring six (6”) inches or more in diameter at ground
level may be
removed without the written approval of the Environmental Control
Committee,
unless located within ten (10’) feet of the main dwelling or
accessory building
or within ten (10’) feet of the approved site for such building. No trees shall be removed from any Lot
without the consent of the Environmental Control Committee, until the
Owner
shall be ready to begin construction.
SECTION 10. OIL, GAS AND MINERAL OPERATIONS. No operations
with respect to oil, gas and minerals, including, without limitation,
drilling,
development, refining, exploration, quarrying, mining or extractions of
any
kind shall be permitted upon any Lot, nor shall oil or gas wells,
tanks,
tunnels, mineral excavations or shafts be permitted upon any Lot. No derrick, drilling rig or other structure
designed for use in drilling for oil or gas shall be erected,
maintained or
permitted upon any Lot.
SECTION 11. EASEMENTS. Easements
for the
installation and maintenance of public utilities and drainage
facilities are
reserved as noted on the recorded plat.
Within these easements, or any easements granted by The
Developer
pursuant to ARTICLE IV, SECTION 5, no structure, planting or other
material
shall be placed or permitted to remain which may damage, impair or
interfere
with the installation and maintenance of utilities.
The easement area for each Lot, tract, or
parcel and all permitted improvements within said easement areas shall
be
maintained continuously by the Owner of the Lot, tract, or parcel,
except for
those improvements for which a public authority or utility company is
responsible. Each Owner is granted an
easement over, upon and across the land of the adjoining owner on each
side for
the purpose of maintaining, painting and repairing the extension of the
wall on
said Owner’s property.
SECTION 12. It
is understood and agreed that said premises may not and shall not be
used for convalescing or custodial care as a home occupation.
SECTION 13. ADDITIONAL RULES AND
REGULATIONS. The
Board of Directors of the POA may establish such
additional Rules and Regulations as may be deemed to be for the best
interest
of the POA and its Members provided that any Restrictions in the use of
the
recreational facilities are approved by a majority of POA Members who
are
voting in person or by proxy at a POA meeting called for that purpose.
ARTICLE
X
GENERAL
PROVISIONS
SECTION 1.
AMENDMENTS.
Anything in this Declaration, to the contrary
notwithstanding, this Declaration of Covenants and Restrictions may be
amended
from time to time by recording among the Public Records of Charlotte
County,
Florida, an instrument executed by the President and attested to by the
Secretary of the POA indicating that at a meeting called for that
purpose two
thirds (2/3) of the members who are voting in person or by proxy have
approved
such amendment, provided, that no such amendment shall affect or
interfere with
vested rights previously acquired by Lot or Unit Owners.
SECTION 2.
DURATION. Except as
provided in SECTION 1 hereof, the Covenants and Restrictions of the
Declaration
shall run with and bind the land, and shall inure to the benefit of and
be
enforceable by the POA, or the Owner of any land subject to this
Declaration
and their respective legal representatives, heirs, and assigns, for a
term of
twenty (20) years from the date this Declaration is recorded, unless
the same
be amended, modified or reviewed pursuant to the provisions of SECTION
1 of
this ARTICLE. Therefore and after the
expiration of said initial twenty (20) year period, said Covenants
shall be
automatically extended for successive periods of ten (10) years unless
this
SECTION is amended, modified, or revised as provided in SECTION 1 of
this
ARTICLE.
SECTION 3.
NOTICES. Any notice
required to be sent to any Member or Owner under the provisions of this
Declaration shall be deemed to have been properly sent when mailed,
post-paid,
or hand delivered, to the last known address of the person who appears
as a
Member of the POA on the records of the POA at the time of such mailing.
SECTION 4.
ENFORCEMENT. Enforcement
of these Covenants and Restrictions shall
be by any proceeding at law or in equity against any person or persons
violating or attempting to violate any Covenant or Restriction, either
to
restrain the violation or to recover damages, and against the land to
enforce
any lien created by these Covenants; and failure by the POA or any
Owner to
enforce any Covenant or Restriction herein contained shall in no event
be deeded
a waiver of the right to do so thereafter.
In addition, the Board of Directors shall have the right,
whenever there
shall have been built on any Lot any structure which is in violation of
these
Covenants and Restrictions, to enter upon the Property where such
violation
exists and summarily abate or remove the same at the expense of the
Owners; and
such entry and abatement or removal shall not be deemed a trespass.
SECTION 5.
SEVERABILITY. Invalidation
of any one of these Covenants or
Restrictions by judgment or court order shall in no way effect any
other
provision hereof, which shall remain in full force and effect.
SECTION 6.
EASEMENT FOR WALKWAYS. The POA reserves to itself and to its
successors and assigns the rights to construct walkways between the
cluster
homes for the benefit of the occupants and their guests, as well as for
the
purpose of maintenance of the lawns adjoining such areas.
To this extent and for this purpose the POA
reserves an easement over and across said walkways.
ARTICLE XI
Attachments
There
is attached to this Declaration and
incorporated herein by reference as Schedule “C”, a budget
which shall be in
full force and effective for the first (1st) year of
operation of
the said Association. Thereafter, and
pursuant to the provisions OF ARTICLE V, SECTION 4, paragraph two (2),
the
Board of Directors of the POA may increase the amount of the annual
assessment.
SCHEDULE
“A”
Lots
situated in THE
VILLAGE
OF HOLIDAY LAKE
according to the
Plat thereof as recorded in Plat Book 15 at Pages 5A through 5F of the
Public
Records of Charlotte County, Florida as shown on Schedule
“A” attached hereto.
Lots
situated in the First (1st) Re-Plat
in THE
VILLAGE OF HOLIDAY LAKE
according to the plat thereof recorded in Plat Book
15 at Page 40A of the Public Records of Charlotte County, Florida.
Lots situated in Unit Two (2) of THE
VILLAGE OF HOLIDAY LAKE
according to the
plat thereof recorded in the Public Records of Charlotte County,
Florida in
Plat Book 15 at Pages 51A through 51C.
A manufactured home (formerly known
as a mobile home) is built to the Manufactured Home Construction Safety
Standards (HUD code). Manufactured homes are built in the controlled
environment of a manufacturing plant and are transported in one or more
sections
on a permanent chassis.
SCHEDULE
“B”
Block
1, Loris Court, Tracts A, B, C, D, F, G, H, I,
J, K, L, and S, and all private streets
and roads including that part of Marathon Boulevard adjacent to the
Village of
Holiday Lake as they appear in said plat excepting there from
Butterford
Waterway (which has been dedicated to the public) in Village of Holiday
Lake
according to the plat thereof recorded
in Plat Book 15 at Pages 5A through 5F of the public records of
Charlotte
County, Florida;
Tracts A1, A2, A3 and A4 as well as
all private streets and roads including that part of Marathon Boulevard
adjacent to Village of Holiday Lake according to the Plat thereof
recorded in Plat
Book 15 at page 40A of the public records of Charlotte County, Florida;
and
Tract A1, A2, and A3 as well as all
private streets and roads including that part of Marathon Boulevard
adjacent to
Village of Holiday Lake as they appear in said plat of Unit 2 of
Village of
Holiday Lake according to plat thereof recorded in the public records
of
Charlotte county, Florida in plat book 15 at pages 51A through 51C.
All of Tract D of THE VILLAGE OF
HOLIDAY LAKE, a subdivision according to the plat thereof, as recorded
in Plat
Book 15, Page 5A, of the Public Records of Charlotte County, Florida,
less and
excepting the easterly 159.25 feet of Tract D which was previously
conveyed to
El Jobean/Gulf Cove Fire District by Warranty Deed dated April 17, 1984
at O/R
Book 773, Pages 1642 through 1644 of the Public Records of Charlotte
County,
Florida.
OR773
PG 1642-1644
IN
WITNESS, WHEREOF, THE VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY
PROPERTY OWNERS’ ASSOCIATION, INC. has
caused these
presents to be executed by its proper Officers who are thereunto duly
authorized, and its Corporate Seal affixed, at Port Charlotte,
Charlotte
County, Florida, this