HomeMy WebLinkAboutRe-Plat Appl Sea Era SegundoAPPLICATION FOR PLAT REVIEW
PD
FEE: SO` O I DATE: J
PRELIMINARY `�' -1G �-MELT
FINAL
PLAT PLAN NO.
PROJECT NAME d;_
Alf
PROJECT ADDRESS 0.
LEGAL DESCRIPTION .,_li '4 /t %
OWNER'S NAME
ei
PHONE NO.
APPLICANT'S SIGNATURE
PHONE NO. �10
7141-'
PROJECT NAME: 'Seo- Zr0.
S0.ncL5
(P_&_Z_REVIEW OF REPLAT/RESUD.
OF LAND_ __
ORD. 1=84, SEC._
547_.11)_
FIRST J LOTS . . . . . .
. . . . .
. . . . . . $
25.00
PLUS $5 EACH ADDITIONAL
LOTS AT S5 . . . .
LOT, NOT TO
. . . . .
EXCEED $500;
. . . . . .
t
TOTAL . . . . . . . . .
. . . .
. . . . . .
PAID RECEIPT NO. _. _. _.
DATED
__x_L1 Lq 1A
kSA,A9 i
wIISI.W p. E>NN 6
DEEw �. IiCNELL
`n. WATT O
m
weYa.>o
xeeHr Y e>..iliz
ioax o. ru+ovs¢s
ioaoEvucLtlex, m
DsvlD LNDNeNu
uaA. uNeoei
LAW OFFICES
HEINMAN, HARRELL, GRAHAM, MITCHELL a WATTWOOD
s PEUFes9OXA "SOC Trow
.M .L R3HV Hx3
VOVAOp.W M HSOx
JOXx J pnOOEO� JH.
atlHp M. O'pR3HN
iQHL �. .. ✓n.
vlx a Hwe as
etteHY
ne ueH R C
l n. }o..ieH
uontl R cxvu
OrtHOOHT A R VOHwx
Ypowp n
e'u¢ci
V30QHL H. DVJOVHS
July 9, 1992
James Morgan, Building Official
City of Cape Canaveral
105 Polk Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
DISTRIBUTION
Mayor
City Council
City Mgr.
City Atty.
Pub. Works Dir.
Buildin Otl.
Finance Dl.'
>tl¢a¢lrr 3sLexn,lnDHIDe a¢Hser
f+o>) ma-wai
rex (m>) ma->vse
N¢LBBVHNH.errIAHIM 889pr
fb>) xv-weo
He% (pp>( 6>SOne
PLIteSH HHPLY i0 NeHH3Tf ISLeN➢
RE: Sea Era Articles of Incorporation and Declaration of
Restrictions and Protective Covenants
Dear Jim:
Following my review of the above referenced documents, which
were submitted to me at the Planning and Zoning Meeting on the
night Wednesday, July 8, 1992, I find that the documents are
generally in order. However, note that Ordinance 503.03(b)
Provides that the bylaws of the Association shall also be submitted
to this office for review. No bylaws were submitted and,
therefore, I suggest that the applicant be advised that approval of
their plat is contingent upon submission- and approval of all
homeowner association documents, including the bylaws.
very truly yours,
l` -n'—
Kevin P. Markey
KPM/cle
4-SEQ Erta =-Sandi
28SS Bf-ff -St", "Ya. 175 • B,ro(d , eolo" $0301 • - fPfw" S 5r. (SOO) 733-8554
May 27, 1992
Mr. James E. Morgan
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
ATTN: James E. Morgan
yaad7P-oe'�i
DISTRIBUTION
M r
City Council
Cily M v.
C111 All.
Pub: Works it.
fundi" - Oft.
iinenm Dir.
I, the undersigned, as authorized officer for and. -on behalf of Sea Era Sands
Development Corporation, do hereby acknowledge that Richard I. Poenisch has
authorization to execute correspondence and documents for and on behalf of
Sea Era Sands Development Corporation as it pertains and relates to acknow-
ledgments, applications, correspondence, curb cut permits and construction
activities by and between the City of Cape Canaveral and Sea Era Sands
for property located in Block 40, Avon -by -the -Sea Subdivision, City of
Cape Canaveral, Brevard County, Florida.
SEA ERA SANDS DEVELOPMENT RPOLRATION- _ 7
Y �
N. A. 5,sietfisch. Jr.
J
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 02920
TEL EPH ONE 407/783.1100
FAX 407/799-3170
May 7, 1992
R9r. Scott Spooner
Briley, Wild & Associates, Inc.
P. O. Box 607
Ormond Beach, FL 32074
RE: Re -plat for Sea Era Segundo
Dear Scott:
Enclosed, please find one (1) copy of the preliminary re -plat for
the above referenced project for your review and approval.
We request that you review the enclosed plan for compliance with
City engineering standards.
Please return one (1) copy red -lined depicting all comments to
further expedite coordination through this office.
This request is scheduled to be heard by the Planning & Zoning
Board on May 13, 1992.
Please address all relating correspondences to this office only.
No copies shall be provided to architect/engineer/owner. Please
provide an estimate of charges incurred for your review.
Should you have any questions or desire additional information,
please contact the Cape Canaveral Building Department, 105 Polk
Avenue, P. O. Box 326, Cape Canaveral, Florida 32920 or telephone:
(407)868-1222.
JEM/sln
enclosure
Sincerely,
Cll.. a .
mes E. Morgan �
Building Official
PRINTED ON RECYCLED PAPER
City of Cape Canaveral
105 POLK AVENUE' • P.O. SOK 326
CAPE CANAVERAL. FLONIOA 32920
TELEPHONE 007 )93-1100
April 8, 1992
Mr. Scott Spooner
Briley, Wild & Associates, Inc.
P. O. Box 607
Ormond Beach, FL 32074
RE: Preliminary Replat Review for Sea Era Segundo
Dear Scott:
Enclosed, please find two (2) copies of a preliminary replat for
the above referenced project for your review and approval.
We request that you review the enclosed plan for compliance with
City engineering standards.
Please return one (1) copy red -lined depicting all comments to
further expedite coordination through this office.
This request is scheduled to be heard by the Planning & Zoning
Board on April 22, 1992.
Please address all relating correspondences to this office only.
No copies shall be provided to architect/engineer/owner. Please
provide an estimate of charges incurred for your review.
Should you have any questions or desire additional information,
please contact the Cape Canaveral Building Department,. 105 Polk
Avenue, P. O. Box 326, Cape Canaveral, Florida 32920 or telephone:
(407)868-1222.
JEM/sln
enclosures
Sincerely,
ames E.'Morgan
Building Officia
THE CRY OF CAPE C VERA_ SUPPORTS HEMUNO
PRINTED ON RECYCLED PMER
52,�o.363- ara0
DISTRIBUTION
Ma or
City Council
BRILEY WILD Cily Mgr.
AND ASSOCIATES Pub. Wa ks Dir.
Building off. ✓
Finance on.
May 26, 1992
CC 92022-9CE
Mr. James E. Morgan
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Preliminary Replat Review: "Sea Era Segundo' Dated May 7, 1992
Dear Jim:
Based upon our recent review of the referenced project, the comment made in our letter of April
16, 1992 has been satisfactorily addressed. No further review of the replat is required.
Sincerely,
BRILEY, WILD & ASSOCIATES, INC.
CONSULTING ENGINEERS & PLANNERS
Scott R. Spoone , P
Assistmt Direr Engvttxring
SRS/dma
ExelecHM
BHIW. wild and Aecnuiasee, Inc.
Comulting Engineers and Planners
1040 North U.S. Highway One
PO Bax 607
Omood Beech. FL 32175
904/672-5660 • FA% 904/673-8264
sands in Brnec, oc.
CyGne 9eaM, P 9 O Banca. R
BY-LAWS
ARTICLE I
IDENTITY
These are the By -Laws of SEA ERA HOMEOWNERS ASSOCIATION,
INC. a Florida Not -For Profit Corporation, hereinafter referred
to as the ("Association").
ARTICLE II
PURPOSES
This Association has been organized for the purpose of being
a homeowners association for the purpose of operating, hoverning
adnimistering and managing the property and affairs of SEA ERA
HOMEOWNERS ASSOCIATION, INC. (the "Homeowners"), and to exercise
all powers granted to it as a corporation under the laws of the
State of Florida, these By -Laws, the Articles of Incorporation,
and the Deed Restrictions.
ARTICLE III
DIRECTORS AND OFFICERS
A. Directors
1. The affairs of the Association shall be managed by a
Board of Directors composed of three (3) persons. The members of
the first Board of Directors are designated in the Articles of
Incorporation and need not be members of the Association. They
shall serve until five (58) percent of the units in the
Homeowners are sold, at which time one (1) of them shall be
replaced by a Director elected by the unit owners other than the
Developer. Unit owners other than the Developer shall be
entitled to elect two (2) directors either three (3) months after
thirty (308) percent of the units have been sold; three (3) years
after twenty (208) percent of the units have been sold; or when
all of the units have been completed, some of them have been
conveyed to purchasers and none of the units are being offered
for sale by the Developer in the ordinary course of business,
whichever shall be the first to occur. The Developer shall be
entitled to elect at least one (1) director as long as the
Developer holds for sale in the ordinary course of business at
least threes (38) percent of the units in the Homeowners.
Until such time as the unit owners other than the
Developer shall be entitled to elect all of the Directors,
Developer shall have the absolute right, in its absolute
discretion and at any time, to remove any Director selected by
the Developer and to replace the Director so discharged.
2. Direstors shall be elected by the members at the
annual meeting of members and shall hold office until the next
annual meeting and until thier successors are elected and shall
qualify.
3. At least fourteen (14) days before each annual
meeting of members, a complete list of members entitled to vote
at such election, together with the addresses of each, shall be
prepared by the Secretary. Such lists shall be maintained at the
office of the Association for fourteen (14) days prior to the
annual meeting of members, for the examination of every member of
the Association and shall be produced and kept at the time and
place of the annual meeting of members, subject to the inspection
rights of any member who may be present. At the first annual
meeting of the members, Directors shall be elected for a term of
one (1) year.
4. Directors, other than the initial Board of
Directors, shall be elected as follows:
a. Nominations shall be from the floor at the annual
membership meeting, and a vote shall be had by written, secret
ballot. The election of each Director shall be had by written,
secret ballot. The election of each Director shall require a
plurality of the votes of those members voting, either in person
or by proxy, at the election. All of the Directors shall be
elected at the same meeting.
b. Directors shall be members of the Association,
except that this provision shall not apply to the persons
designated to be the first Board of Directors by Article VI of
the Articles of Incorporation.
B. Officers
The Officers of the Association shall consist of a
President, a Vice President, a Secretary, and a Treasurer, any
of whom may be members of the Board of Directors, and such other
Officers as the Board of Directors may appoint. The President
must be a member of the Board of Directors. The Officers named
in the Articles of Incorporation shall serve, unless removed and
replaced by the Developer, until the first meeting of the Board
of Directors held subsequent to the first annual meeting of
members, and at such meeting the Board of Directors shall elect
the aforesaid Officers. Officers elected at the first meeting of
the Board of Directors held subsequent to the first annual
meeting of members, shall hold office until the next and ensuing
annual meeting of the Board of Directors and until their
successors shall have been elected and shall qualify.
C. Resignation, Vacancy, Removal, Compensation
1. Any Director or Officer of the Association may resign
at any time, by instrument in writing. Resignations shall take
effect at the time specified therein, and if no time is
specified, at the time of receipt by the President or Secretary
of the Association. The acceptance of a resignation shall not be
necessary to make it effective. A resignation shall be deemed to
have occurred upon termination by the Director or Officer of
membership in the Association.
2. Subject to the right of the Developer to replace
Directors selected by the Developer, when a vacancy occurs on the
Board of Directors, the vacancy shall be filled by the remaining
members of the Board of Directors at their next meeting, by
electing a person who shall serve until the next annual meeting
of the members.
when a vacancy occurs in an office for any cause
before an Officer's term has expired, the office shall be filled
by the Board of Directors at its next meeting by electing a
person to serve for the unexpired term.
3. Any Director may be recalled and removed from office,
with or without cause, pursuant to the provisions of Section
718.112(2)(8) of the Act, except that the Directors elected by
the Developer shall not be affected by this provision.
4. Upon an affirmative vote of a majority of the members
of the Board of Directors, any Officer may be removed either
with or without cause, and his successor elected at any regular
meeting of the Board of Directors, or at any special meeting
called for such purpose.
5. No compensation shall be paid to Directors or
Officers for their services as Directors or Officers.
ARTICLE IV
1S�7:IAF;7'tsI:I�71IfyiFi:FY�7�7:iNfR'�'I�ZNi:V�i� � : � ,�. 7�T:i�FF]�Y;i:IT:I�l9
The Association shall have all powers granted to it by law,
the Deed Restrictions to which these By -Laws are attached, and
the Articles of Incorporation, all of which powers shall be
exercised by its Board of Directors unless the exercise thereof
is otherwise restricted by the Deed Restrictions, these By -Laws,
or by law; and the aforementioned powers of the Association shall
include, but shall not be limited to, the following:
A. All of the powers specifically provided for in the Deed
Restrictions.
B. The power to levy and collect assessments, based on a
budget formally adopted by the Board of Directors. It is
understood, however, that the failure of the Board of Directors
or the members of the Association to adopt a budget shall not
impair or affect the members' obligations to pay their share of
the common expenses of the Homeowners.
C. The power to acquire, operate, lease, manage and
otherwise trade and deal with property, real and personal,
including units in the Homeowners, as may be necessary or
convenient in the operation and management of the Homeowners and
in accomplishing the purposes set forth in the Deed Restrictions.
D. The power to expend monies collected for the purpose of
paying the common expenses of the Association.
E. The power to purchase equipment, supplies, and material
required in the maintenance, repair, replacement, operation, and
management of the common elements.
P. The power to insure and keep insured the buildings and
improvements of the Homeowners as provided for and limited by the
Deed Restrictions.
G. The power to employ the personnel required for the
operation of the common elements and the Association.
H. The power to contract for the management of the
Homeowners.
I. The power to make reasonable rules and regulations and
to amend them from time to time, and to see that all members are
notified of such changes in the rules and regulations as may be
enacted.nt of the Homeowners.
J. The power to improve the Homeowners property, subject to
the limitations of the Deed Restrictions.
K. The power to enforce by any legal means the provisions
of the Articles of Incorporation, the By -Laws, the Deed
Restrictions, and the Rules and Regulations duly promulgated by
the Association.
L. The power to collect delinquent assessments by suits or
otherwise, and to abate nuisance and enjoin or seek damages from
unit owners for violation of the provisions of the Deed
Restrictions and its Exhibits.
M. The power to pay all taxes and assessments which are
liens against the common elements, and to assess the same against
the members and their units.
N. The power to deal with and approve or disapprove all
conveyances or leases of condominium units as provided for under
the Deed Restrictions. No fee shall be charged in connection
with a transfer, lease or sale or approval in excess of the
expenditures reasonably required for the transfer, lease or sale,
and this expense shall not exceed $50.00. No charge shall be
imposed in connection with an extension or renewal or lease.
0. The power to select depositories for the Association
funds, and to determine the manner of receiving, depositing and
disbursing Association Funds, and the form of check and the
person or persons by whom the same shall be signed, when not
signed as otherwise provided by these By -Laws.
P. The power to possess, enjoin, and exercise all powers
necessary to implement, enforce and carry onto effect the powers
above described, including the power to acquire, hold, mortgage,
convey and deal in real and personal property.
Q. The power to enter into, ratify, modify and amend each
and every of the agreements and undertakings contemplated by and
contained within the Deed Restrictions to which these By -Laws are
attached.
R. The power to subscribe to and enter into a contract
with any person, firm, corporation or real estate management
agent of any nature or kind to provide for the maintenance,
operation, repair and upkeep of the Homeowners property. Said
contract may provide that the total operation of said managing
agent, firm, or corporation shall be at the cost of the
Association. Said contract may further provide that the managing
agent shall be paid from time to time a reasonable fee, either
stated as a fixed fee or as a percentage of the total cost of
maintenance, operation, repair and upkeep, or of the total funds
of the Association handled and managed by the managing agent.
ARTICLE V
DUTIES OF OFFICERS
A. The President shall:
1. Act as Presiding Officer at all meetings of the
membership of the Association and of the Board of Directors.
2. Call special meetings of the Board of Directors and
of members.
3. Sign all checks, contracts, promissory notes, deeds,
and other instruments on behalf of the Association, except those
which the Board of Directors specifies may be signed by other
persons.
4. Perform all acts and duties usually required of an
executive to insure that all orders and resolutions of the Board
of Directors are carried out.
5. Appoint committees and be an ex -officio member of
all committees, and render an annual report at the annual meeting
of members.
B. The Vice President shall:
1. Act as Presiding Officer at all meetings of the
membership of the Association and of the Board of Directors when
the President is absent.
2. Perform all other acts and duties required of the
President, in the absence of the President.
3. Perform such other duties as may be required by the
Board.
4. Sign checks on behalf of the Association in the
absence of the President.
C. Should the President and Vice President be absent from
any meeting, the remaining Directors shall select a person to act
as chairman of the meeting.
D. The Secretary shall:
1. Attend all regular and special meetings of the
members of the Association and of the Board of Directors and keep
all records and minutes of proceedings thereof or cause the same
to be done.
2. Have custody of the corporate seal and affix same
when necessary or required.
3. Attend to all correspondence on behalf of the Board
of Directors, prepare and serve notice of meetings, keep
membership books and receive all applications for membership, for
transfer and lease of units, and present such applications to the
Board of Directors for consideration.
4. Perform such other duties as the Board may determine
and on all occasions in the execution of his duties, act under
the supervision, control and direction of the Board of
Directors.
5. Have custody of the minute book of the meetings of
the Board of Directors and of the members, which minute book
shall at all reasonable times be available at the office of the
Association for inspection by members, or their authorized
representatives, and by the Directors, as act as transfer agent
to record transfers and rules and regulations in the corporate
books. The minutes of all meetings of the Board of Directors and
of the members shall be retained by the Secretary for a period
of not less than seven (7) years.
E. The Treasurer shall:
1. Receive such monies as shall be paid into his hands
for the accounts of the Association and disburse funds as may be
ordered by the Board, taking proper vouchers for such
disbursements, and be custodian of all securities, contracts,
leases, and other important documents of the Association which he
shall keep safely deposited.
2. Supervise the keeping of accounts of all financial
transactions of the Association in books belonging to the
Association, and deliver such books to his successor. He shall
prepare and distribute to all of the members of the Board of
Directors, at least ten (10) days prior to each annual meeting of
the Board of Directors, and whenever else required, a summary of
the financial transactions and condition of the Association for
the preceding year. He shall make a full and accurate report of
the matters and business pertaining to his office to the members
at the annual meeting of members and make all reports required by
law.
3. The Treasurer may have the assistance of an
accountant or auditor, who shall be employed by the Board of
Directors. In the event the Association enters into a management
agreement, it shall be proper to delegate such of the Treasurer
functions to the management agent as is deemed appropriate by the
Board of Directors.
4. Budgetary meetings: The Board of directors shall mail
a meeting notice and copies of the proposed annual budget to the
members not less than thirty (30) days prior to the meeting of
the Board of Directors at which the budget will be considered.
The members shall be given written notice of the time and place
of the meeting of the Board of Directors at which the budget will
be considered and such meetings will be open to members. If an
adopted budget requires assessment against the members in any
fiscal or calendar year exceeding 1158 of the assessments for the
preceding year, the Board of Directors, upon written application
of ten (108) percent of the members to the Board of Directors,
shall call a special meeting of the members within thirty (30)
days, upon not less than ten (10) days written notice to each
member. At the special meeting, members may consider and enact a
budget by a majority vote of all members. In determining whether
assessments exceed 1158 of similar assessments for prior years,
any authorized provisions for reasonable reserves for repair or
replacement of the Homeowners property, anticipated expenses by
the Association which are not anticipated to be incurred on a
regular or annual basis, or assessments for betterments to the
Homeowners property shall be excluded from the computation.
5. Quorum: The presence, either in person or by proxy,
or one-third (1/3) of the members of record of the Association
shall be requisite for, and shall constitute a quorum for, the
transaction of business at all meetings of members.
6. Adjourned meetings: If any meetings of members
cannot be organized because a quorum has not attended, the
members who are present, either in person or by proxy, may,
except as otherwise provided for by law, adjourn the meeting to a
time not less than 98 hours from the time the original meeting
was called.
7. Voting: At every meeting of the members, each
member present, either in person or by proxy, shall have the
right to cast one vote on each question. The vote of the
majority of those present, in person or by proxy, shall decide
any question brought before such meeting, unless the question is
one upon which, by express provision of statute or of the Deed
Restrictions a different vote is required, in which case such
express provision shall govern and control.
8. Proxies: A member may appoint a proxy. Any proxy
must be filed with the Secretary before the appointed time of
each meeting and such proxy shall be valid only for the
particular meeting designated in the proxy and any lawfully
adjourned meetings thereof. In no event shall such proxy be
valid for a period longer than ninety (90) days after the date of
the first meeting for which it was given and every proxy shall
be revocable, at any time, at the pleasure of the member
exercising it.
9. Waiver and consent: Nothing herein shall be
construed to prevent a member from waiving notice of a meeting or
acting by written agreement without a meeting, and such waiver
and action by written agreement are hereby expressly permitted.
B. Meetings of Directors:
1. Organizational meeting: The first meeting of a newly
elected Board of Directors shall be held within ten (10) days of
election at such places as shall be fixed by the Directors at the
meeting at which such Directors were elected, and no notice shall
be necessary to the newly elected Directors in order to legally
constitute such meeting, provided a majority of the whole Board
of Directors shall be present.
2. Annual meetings: There shall be an annual meeting
of the Board of Directors immediately prior to the annual meeting
of the members, at the offices of the Association.
3. Regular meetings: The Board of Directors may
establish a schedule of regular meetings to be held at such
place as the directors may designate, in which event no notice
need be sent to the Directors once said schedule has been
adopted.
4. Special meetings: Special meetings of the board of
Directors may be called by the President, on three (3) days'
notice to each Director, given personally or by mail, telephone
or telegraph, which notice shall state the time, place and
purpose of the meeting. Special meetings of the Board of
directors shall be called by the President or Secretary in like
manner and on like notice upon the written request of at least
two-thirds of the Board of Directors.
5. Notice to members: All meetings of the board of
directors shall be open to members. Notice of the time and
purpose of all meetings of the Board of Directors shall be
conspicuously posted at the Homeowners property at least 48 hours
prior to each meeting, except in cases of emergency.
6. Waiver of Notice: Before or at any meeting of the
Board of directors, any Director may, in writing, waive notice
of such meeting and such waiver shall be deemed equivalent to
the giving of such notice. Attendance by a Director at any
meeting of the Board of Directors shall be deemed a waiver of
notice by him at the time and place thereof.
7. 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 a meeting 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, the majority
of those present may adjourn the meeting from time to time. At
any such adjourned meeting, any business which might have been
transacted at the meeting as originally called may be transacted
without further notice.
ARTICLE VIII
PROCEDURE
A. Roberts Rules of Order (latest edition) shall govern
the conduct of corporate proceedings when not in conflict with
the Deed Restrictions, the Articles of Incorporation, the By -Laws
of the Association or with applicable Florida Law.
B. The order of business at annual member's meetings and as
far as practical at other members' meetings will be:
1. Election of Chairman;
Roll Call;
Proof of Notice of meeting; or Waiver of Notice;
4. Reading of Minutes of Prior Meeting;
5. Officers' Reports;
6. Committee Reports;
7. Election of Inspectors of Election;
8. Elections;
9. Unfinished Business;
10. New Business; and Adjournment.
ARTICLE IX
ASSESSMENTS AND MANNER OF COLLECTION
A. The Board of Directors has the sole power to and shall
from time to time fix and determine the amounts necessary to pay
the common expenses include those expenses described in the Deed
Restrictions and any other expenses designated as common expenses
by the Board of Directors, under the authority and sanction of
the Deed Restrictions.
B. The Board shall adopt a budget for the Association and
Homeowners during the month preceding the fiscal year wherein the
budget will take effect, which budget shall include a schedule of
assessments to be paid by the members. Each member shall be
responsible for the payment of the assessments imposed against
his unit in an amount equal to the percentage of responsibility
for payment of common expenses provided in the Deed Restrictions.
C. Regular assessments shall be paid by the members on a
monthly basis, payable on the first day of each and every month.
D. Special assessments should they be required by the
Board of directors, shall be levied and paid in the same manner
as regular assessments, unless the Deed Restrictions shall
otherwise provide.
E. When the Board of Directors has determined the amount of
any assessments, the Secretary shall transmit a statement of
such assessment to each member. Until further notice,
assessments shall be made payable to the Association.
Assessments are necessarily made upon projections and
estimates of the Board of Directors, and may be in excess of, or
less than the sums required to meet the cash requirements of the
Homeowners and the Association, in which event the Board of
Directors may increase or diminish the amount of an assessment
of each member of his proportionate share for any deficiency.
Notice of all changes in assessments shall be given to all
members.
F. Assessments shall not include charges for utilities
separately charged and metered to each unit, nor charges for
alterations, repairs, maintenance, improvements, or decorating
within the interior of any unit.
G. Assessments not paid with ten (10) days from the date
due shall bear interest from the date when due until paid at the
rate of fifteen (1580 percent per annum. Additionally, the
failure to pay any assessment within ten (10) days from the dater
due shall entitle the Association to levy a Twenty-five ($25.00)
Dollar late charge against the defaulting member.
H. In the event an assessment is not paid within ten (10)
days of the date same shall be due and payable, the association,
through the board of directors, may proceed to enforce and
collect said assessments from the delinquent member in any
manner provided for by the Act, the Deed Restrictions and these
By -Laws. Each member shall be individually responsible for the
payment of assessments against his unit and for the payment of
reasonable attorneys' fees and costs incurred by the Association
in the collection of sums due and the enforcement of any lien
held by the Association.
I. If the proposed annual budget is not adopted prior to
the start of the new fiscal year, and assessment shall be
presumed to be made in the amount or the last prior assessment
and monthly installments on such assessments shall be due upon
each installment payment date until changed by an amended
assessment.
ARTICLE X
FISCAL MATTERS
A. Fiscal year: The fiscal year of the Association shall
begin in January of each year, provided, however, that the Board
of Directors shall be authorized to change to a different fiscal
year, in accordance with the provisions of the Internal Revenue
Code of the United States of America, at such time as the Board
of Directors, and shall deem it advisable.
B. Depositories: The funds of the Association shall be
deposited in a savings and loan association or bank or banks in
County, Florida, in an account for the Association under
resolutions duly approved by the board of Directors, and shall be
withdrawn only over the signature of the authorized officers.
Said funds shall be used only for Association purposes.
C. Fidelity Bonds: Fidelity bonds shall be required for
all directors, Officers and employees of the Association,
handling or responsible for Association funds. The premium for
such bonds shall be paid for by the association.
D. Records: The Association shall maintain accounting
records according to good accounting practice, which records
shall be open to inspection by members at reasonable times. Such
records shall include a record of receipts and expenditures for
each member which shall designate the name and address of the
member, the amount of each assessment, the amounts paid upon the
account, and the balance due, in a register of named for the
benefit of any mortgage holders or lien holders who have
notified the Association of their liens, and to which lien
holders the Association will give notice of default, if
requested.
E. Annual report: an audit of the accounts of the
association shall be made annually be an auditor, accountant or
certified Public Accountant and a copy of the report of such
audit shall be furnished to each member no later than the first
day of April following the fiscal year for which the report is
made. The report shall be deemed to be furnished to the member
upon its delivery or by mailing to the member at his last known
address as shown on the books and records of the Association.
F. Insurance: The Association shall procure, maintain and
keep in full force and effect, all insurance required by the
Deed Restrictions pursuant to the provisions of the Deed
Restrictions.
ARTICLE XI
ADMINISTRATIVE RULES AND REGULATIONS
The Board of Directors may, from time to time, adopt rules
and regulations governing the details of the operation and use of
the common elements, and such other rules and restrictions as
are designed to prevent unreasonable interference with the use
of the units, limited common elements and common elements by the
members and all members shall abide thereby, provided that said
rules and regulations shall be equally applicable to all members
and uniform in their application and effect.
ARTICLE XII
VIOLATIONS AND DEFAULTS
In the event of a violation, other than nonpayment of an
assessment by a member, of any of the provisions of the Deed
Restrictions, these By -Laws, the Rules and Regulations of the
Association, the Articles of Incorporastion or any provision of
the Act, the Association, after reasonable notice to cure not to
exceed ten (10) days, shall have all rights and remedies
provided by law, including without limitation (and such remedies
shall or may be cumulative) the right to sue for damages, the
right to seek injunctive relief, and in the event of the failure
to pay assessments, the right to foreclose its lien provided in
the Act and in every such proceeding, the member at fault shall
be liable for court costs and the Association's reasonable
attorney's fees. If the Association elects to enforce its lien
by foreclosure, the member shall be required to pay as
reasonable rent for his condominium unit during litigation and
the Association shall be entitled to the appointment of a
receiver to collect such rent. A suit to collect unpaid
assessments may be prosecuted by the Association without waiving
the lien securing such unpaid assessments.
ARTICLE XIII
AMENDMENT OF BY-LAWS
Subject always to the provisions of the Declaration of
condominium, these By -Laws may be amended, modified or rescinded
in accordance with the Deed Restrictions or by a resolution duly
adopted by a majority of the Board of Directors at any duly
called meeting of the Board of Directors, and thereafter
submitted to the members at any duly convened meeting of the
members and approved by a 75% vote of the members present in
person or by proxy, provided there is a quorum, and further
provided that notice of the proposed amendment is given in the
notice of the meeting, and further provided that the voting
requirements of the Deed Restrictions are met in full, in the
appropriate cases. Notice of the meeting may be waived in
writing by any member. Amendments to these By -Laws may be
proposed by the Board of Directors, acting upon the vote of a
majority of the Directors, or proposed by members of the
Association having a majority of the votes in the Association.
No amendment shall discriminate against any unit owner nor
any class or group of unit owners unless the unit owners so
affected shall consent. no amendment shall be made that is in
conflict with the Articles of Incorporation or the Declaration
of condominium. No amendment which affects the Developer may be
adopted or become effective without the prior written consent of
the Developer. No amendment which affects the rights of
mortgagees may be adopted or become effective without the prior
written consent of the Institutional mortgagee having the
highest dollar value of mortgages encumbering units in the
Homeowners. No By -Law shall be revised or amended by reference
to its title or number only. Proposals to amend existing By -Laws
shall contain the full text of the By -Laws to be amended; new
words shall be inserted in the text and underlined and words to
be deleted shall be lined through with hyphens. However, if the
proposed change is so extensive that this procedure would hinder,
rather than assist, the understanding of the proposed amendment,
it is not necessary to use underlining and hyphens as indicators
of words added or deleted, but, instead, a notation must be
inserted immediately preceding the proposed amendment in
substantially the following language: "Substantial re -wording of
By -Law. See By -Law Article for present text." Non-
material errors or omissionsin the By -Law process shall not
invalidate an otherwise properly promulgated amendment.
A copy of each amendment shall be attached to a certificate
certifying that the amendment was duly adopted as an amendment of
the By -Laws, which certificate shall be executed by the Officers
of the Association with the formalities of a deed. The amendment
shall be effective when such certificate and a copy of the
amendment are recorded in the Public Records of Brevard County,
Florida.
ARTICLE XIV
VALIDITY
If any portion of the By -Laws shall be adjudged invalid,
such fact shall not effect the validity of any other By -Law.
The foregoing was adopted as the By -Laws of SEA ERA
HOMEOWNERS ASSOCIATION INC, a not -for profit Florida corporation,
at a meeting of the members of said Association duly noticed, at
which all members were present, by the unanimous vote of the
members on the day of , 1992.
President
Secretary