HomeMy WebLinkAboutPrel. Re-Plat Appl. Sea Era SegundoAPPLICATION FOR PLAT REVIEW
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DID EREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION, APPROVE THE
REQUEST FOR STREET NAME? (NOTE: THIS NEEDS TO BE DONE PRIOR TO
SUBMITTAL. V14
PROJECT NAME:
PROJECT ADDRESS:
LEGAL DESCRIPTION:
a
OWNER(S) NAME: C61V000,/ ,e26E,0
OWNER(N) ADDRESS:-
ARCHITECT/ENGINEER:y 4-1/GG�
PHONE NO. OF ARCHITECT/ENGINEER:
APPLICANTS) SIGNATURE:
/ OWNER
PHONE NO. OF OWNER/AGENT: (4 %�
PRELUMNARY PLAT, RE -PLAT AND FINAL PLAT
PAYMENT RECEIPT
PROJECT NAME: SeCL EM SEQ t Odn
(Plat Fees Assessed as per Section 110-223, Appendix B, Schedule of Fees of the Cape
Canaveral Code of Ordinances.)
RESIDENTIAL:
1, 2 & 3 Residential Units .......................... $37.50
4 or more Residential Units, $50.00 plus $7.50 per unit,
NOT TO EXCEED $500.00
Units at $50., Z Units at $7.50 = TOTAL:........ $
COMMERCIAL:
$150 per acre of land or portion thereof,
acres X $150 TOTAL:....... $
IBQ IU t I� 1 A 1_ 0 MI
RESIDENTIAL: 1-10. units :..:..... $ 450.00
11-50 Units........... $ 75 .00
51-100 Units ...........$1,000.00
101 -up Units ...........$1,250.00
COMMERCIAL: 10 Acres or less ............ $1,000.00
Over 10 Acres = $1,000 plus $75.00 per acre over 10 acres
TOTAL ACRES:
TOTAL ENGINEERING DDEP`OS>IT RECEIVED: $ 1-i 5O Q /
PAID RECEIPT NO. � — DATED: -2 — l 6 — i r
Stottler Stagg & Associates
Architects Engineers Planners Inc.
Flonda Maryland
8680 N. ABanec Avenue P. 0. Box 1630
August 3,1995
Mr. James Morgan
Building Department
City of Cape Canaveral
105 Polk Street
Cape Canaveral, FL 32920-0326
Cape Canaveral, Horide 32920-1630 (407) 783-1320 Fax: (407) 783 -rubel
RE: Revised Preliminary Plat for Sea Era Segundo
SSA Job No. 95073
Dear Mr. Morgan:
Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has reviewed the revised preliminary
plat for Sea Era Segundo. We recommend an initial City approval of this preliminary plat, based on the
condition that a site plan with required documentation be provided within six (6) months.
Our earlier review of this preliminary plat has been documented in our July 18, 1995 letter in which a site plan
checklist (and site comments) have been noted.
If you have any questions on the above information please do not hesitate to contact our office.
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
John A. Pekar, PE
Vice President, Project Manager
JAP/DRJ:jIs
C:\WPWI OCAPELL-95073.731
aDaARoyJSone 11
Project Revle
"Great To Work For... Greater To Work With"
CAN, CANAVERAL
City of Cape Canaveral
July 25, 1995
John Pekar, P.E.
Stottler Stagg & Associates
8680 N. Atlantic Avenue
Cape Canaveral, FL 32920
Dear Mr. Pekar:
Please review for compliance the enclosed revised preliminary plat
submittal for sea Era Segundo. This project will be presented to
the Planning & Zoning Board on August 9, 1995 if all of your
comments are satisfactorily addressed and your certificate of
approval is received by noon on August 2, 1995.
I have enclosed two (2) copies of the revised preliminary plat.
Please return one (1) copy of the plat red -lined or with your
approval and retain one copy for your records.
We have retained $450.00 towards your engineering review.
Should you have any questions, please contact the Building
Department at (407)868-1222.
`Sincerely,
ames E. Morgan
Building Official
JEM:slc
enclosures (2)
106 POLN AVENUE • POST OFFICE BOX 026 . CAPE CANAVERAL, FL 029200226
TELEPHONE 10071 8681200 . FAX 10071 7993170
/r Stottler Stagg & Associates
.( Architects Engineers Planners Inc.
Florida Maryland
8680 N. Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920-1630
July 18,1995
Mr. James Morgan
Building Department
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
RE: Preliminary Plat Review - Sea Era Segundo
Submittal #1
SSA Job No. 95062
Dear Mr. Morgan:
(407) 783-1320 Fax: (407) 783-7085
Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has received and reviewed the
submission for the above referenced Preliminary Plat. SSA's review is based on the following criteria:
A. City of Cape Canaveral Code of Ordinances.
B. Florida Statute Chapter 177 Land Boundaries, Part 1 Platting.
Our comments are as follows:
1. For projects with over four (4) units, a site plan will be required for final City approval. A checklist for
site plan information has been attached, along with a copy of the City's Subdivision Code.
2. A general SSA field inspection for Sea Era Segundo indicated:
a block wall exists along the eastern and northern boundaries. The ground slopes back to the
northern wall and this will require drainage considerations.
• underground electric is located near the property corner.
3. Minor SSA redline comments have been made on the preliminary plat.
SSA has enclosed two (2) redlined copies for the owners use. It is SSA's recommendation that the city provide
an initial approval of the Sea Era Segundo preliminary plat based on the condition that the minor redlined
revisions are performed, and a site plan with required documentation is provided within six (6) months.
"Great To Work For... Greater To Work With"
CIWPWIN60CAPSL-95062 71 a
Mr. Bennett Boucher
July 18, 1995
Page 2
If you have any questions on the above information please do not hesitate to contact our office.
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
John A. Pekar, PE DavidRoy Jones
Vice President, Project Manager Project Reviewer
JAP/DRJ:jls
"Great To Work For ..Greater To Work With"
CAW PWIN601CAML-85062 718
M E M O R A N D U M
DATE:
July
10, 1995
TO:
Chief
Sargeant, CCVFD
FROM:
James
E. Morgan, Building
official
RE:
PRELIMINARY
REPLAT REVIEW
- SEA ERA SEGUNDO
Please review for compliance the attached preliminary replat of Sea
Era Segundo.
This plat will be brought before the Planning & Zoning Board on
August 9, 1995. Please forward any comments, in writing, as soon
as possible.
Should you have any questions, please contact the Building
Department.
JEM:slc
attachment
Steven V. Houghtaling, P.E.
Stottler Stagg & Associates
8680 N. Atlantic Avenue
Cape Canaveral, FL 32920
Dear Mr. Houghtaling:
ty of Cape Canaveral
July 10, 1995
Please review for compliance the enclosed preliminary replat for
Sea Era Segundo. This project will be presented to the Planning &
Zoning Board on August 9, 1995 if all of your comments are
satisfactorily addressed and a your certificate of approval is
received by noon on August 1, 1995.
I have enclosed three (3) copies of the preliminary replat.
Please return two (2) copies of the plat red -lined or with your
approval and retain one copy for your records.
We have retained $450.00 towards your engineering review.
Should you have any questions, please contact the Building
Department at (407)868-1222.
Sincerely`rga
,
mes E. Mon (J
Building Official
JEM:slc
enclosure (3)
106 FOLK AVENUE • POST OFFICE SOX 326 • CAVE CANAVERAL, FL 32920-0326
TELEPHONE 140T 6661200 • FAX 14071 7994170
M E M O R A N D U M
DATE: July 10, 1995
TO: Michael Gluskin, Public Works Director
FROM: James E. Morgan, Building Official
RE: PRELIMINARY REPLAT REVIEW - SEA ERA-SEGUNDO
Please review for compliance the attached preliminary replat of Sea
Era Segundo.
This plat will be brought before the Planning & Zoning Board on
August 9, 1995. Please .forward any comments, in writing, as soon
as possible.
Should you have any questions, please contact the Building
Department.
JEM:slc
attachment
M E M O R A N D U M
DATE: July 10, 1995 -
TO: Chief Sargeant, CCVFD
FROM: James E. Morgan, Building Official
RE: PRELIMINARY REPLAT REVIEW - SEA ERA SEGUNDO
Please review for compliance the attached preliminary replat of Sea
Era Segundo.
This plat will be brought before the Planning & Zoning Board on
August 9, 1995. Please forward any comments, in writing, as soon
as possible. _
Should you have any questions, please contact the Building
Department.
JEM:ale
attachment
BUILDING DEPARTMENT PLAT SUBMITTAL CHECKLIST
(FOR OFFICE USE ONLY, REFERENCE SUBDIVISION OF LAND SECTIONS 98-41 THROUGH 98-56)
PROJECT NAME: )ECL Er 2- S
PROJECT ADDRESS/LEGAL DESCRIPTION: J4IEI` t111P
P & Z MEETING DATE: H -q -q5
SUBMITTAL DATE: 7-� 1-95
ZONING CLASSIFICATION:
FEES PAID (INCLUDING ENGINEERING DEPOSIT): $ �5 - $ 450, -
(SUBMITTAL) (ENGINEERING)
NUMBER OF PLATS RECEIVED (MINIMUM OF (9) REQUIRED): 9 -
PROTECTIVE COVENANTS/MAINTENANCE AGREEMENT SUBMITTED:
YES _ NO _ N.A.
DATE PROTECTIVE COVENANTS/MAINTENANCE AGREEMENT MAILED TO
CITY ATTORNEY FOR REVIEW:
DATE PLAT WAS COPIED TO CCVFD FOR REVIEW: 1- ID_q 5
DATE PLAT WAS COPIED TO PUBLIC WORKS FOR REVIEW: 1-(0-95
DATE PLAT WAS REVIEWED BY BUILDING DEPARTMENT: -7 - 10-q 5
DATE (2) SETS OF PLATS WERE MAILED TO CITY ENGINEER: -1-10-95
DATE COMMENTS RECEIVED FROM CITY ENGINEER:
DATE CALLED DEVELOPER TO PICKUP ENGINEERING COMMENTS:
DATE REVISED PLAT WAS RESUBMITTED FROM DEVELOPER:
NUMBER OF REVISED PLATS RECEIVED (9) REQUIRED:
DATE REVISED PLATS WERE MAILED TO CITY ENGINEER:
DATE CERTIFICATE OF APPROVAL WAS RECEIVED FROM THE CITY
ENGINEER:
CITY OF CAPE CANAVERAL
105 Polk Avenue, P. O. Box 326
Cape Canaveral, FL 32920
(407) 868-1222
DATE:aI / 2y, jQq5 TIME: 1Z'•55 PM
TO: COMPANY:: f Y�QV
ATTN: I"1//p)Yln -,R-l!Y��IY1
FAXNO: (n -I�
NUMBER OF PAGES (INCLUDING COVER PAGE): 46
ssss»rsssuasssassss ssss»nssuss sssusss s+nss ssss»sssss+ssssssssssssss+nssssss
FROM: CITY OF CAPE CANAVERAL
NAME: 'susan Eklpffiz
TITLE: �PCY`P'17']YlI
FAX NO: (407) 783-8193
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This instrument prepared by:
JAMES W. PEEPLES III, ESQ.
GRAY, HARRIS, ROBINSON,
KIRSCHENBAUM S PEEPLES
P. 0. Box 320757
Cocoa Beach, Florida 32932-0757
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
SEA ERA SEGUNDO
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made this
day of July, 1995, by SEA ERA SEGUNDO PARTNERSHIP, a Florida
general partnership (the "Developer").
RECITALS AND DECLARATION
WHEREAS, the Developer presently owns that certain property
located in Brevard County, Florida, as described on Exhibit A
attached hereto (the "SEA ERA SEGUNDO LANDS");
WHEREAS, the Developer intends to create a patio home
community on the SEA ERA SEGUNDO LANDS pursuant to a general plan
of development, and with a view to that end, has recorded a
Declaration of Covenants, Conditions and Restrictions for SEA ERA
SEGUNDO and formed a homeowners association called SEA ERA
SEGUNDO HOMEOWNERS ASSOCIATION, INC.;
WHEREAS, the Developer's general plan of development
contemplates the construction of patio home dwellings, each of
which will share one or more party walls with one or more other
such dwellings;
WHEREAS, the Developer wishes to submit the dwellings (and
appurtenant lots) it has already constructed (or may construct)
to various covenants, conditions, restrictions, charges and liens
at this time; and
WHEREAS, in line with its wishes described above, the
Developer has formed a non-profit corporation called SEA ERA
SEGUNDO HOMEOWNERS ASSOCIATION, INC. to perform certain functions
of common concern to the dwelling owners and to enforce the
covenants, restrictions, charges and liens created by this
Declaration.
NOW, THEREFORE, the Developer hereby declares that the real
property described on Exhibit A attached hereto (including any
and all improvements thereon), together with such additions
thereto as are hereafter made pursuant to this Declaration, shall
be held, conveyed, leased, mortgaged, used, occupied and improved
subject to the easements, covenants, conditions, restrictions,
servitudes, charges and liens created or provided for by this
Declaration.
ARTICLE I
DEFINITIONS
Unless otherwise expressly provided herein, the following
words and phrases when used herein shall have the meanings
hereinafter specified:
1. "Articles" shall mean the Articles of Incorporation of
the Association (a copy of which is attached hereto as Exhibit
B), including any amendments thereto.
2. "Association" shall mean SEA ERA SEGUNDO HOMEOWNERS
ASSOCIATION, INC., a not-for-profit Florida corporation, and its
successors and assigns.
3. "Board" shall mean the Board of Directors of the
Association.
4. "By -Laws") shall mean the By -Laws of the Association
which have been adopted by the Board (a copy of which is attached
hereto as Exhibit C), including any amendments thereto.
5. "County" shall mean Brevard County, Florida.
6. "Covenants and Restrictions" shall mean the easements,
covenants, conditions, restrictions, servitudes, charges and
liens created or provided for by this Declaration.
7. "Declaration" and "this Declaration" shall mean (and,
except as otherwise provided in Section 13 of this Article,
"hereto," "hereof," "hereunder," "herein" and words of similar
import) shall refer to this instrument as amended from time to
time, together with all supplemental declarations thereto.
8. "Developer" shall mean SEA ERA SEGUNDO PARTNERSHIP, a
Florida general partnership, and any successor or assign of SEA
ERA SEGUNDO PARTNERSHIP, which acquires any portion of the SEA
ERA SEGUNDO LANDS from the Developer for the purpose of
development and to which SEA ERA SEGUNDO PARTNERSHIP specifically
assigns all the rights of the Developer hereunder by an express
written assignment recorded in the County's Public Records.
9. "Developer's Permittees" shall mean the Developer's
officers, directors, partners, joint venturers (and the officers,
directors and employees of any such corporate partner or joint
venturer), employees, agents, independent contractors (including
both general contractors and subcontractors), suppliers,
visitors, licensees and invitees.
10. "Dwelling" shall mean the improvements (and the
appurtenant garage or carport, if any) now or hereafter
constructed on a lot (as defined in Section 16 of this Article)
and designed and intended for use as a single family residence,
for which a certificate of occupancy has been issued by Brevard
County.
11. "SEA ERA SEGUNDO LANDS" shall mean the property
described in Exhibit A attached hereto.
12. "Family" shall mean (a) a group of natural persons
related to each other by blood or legally related to each other
by marriage or adoption; or (b) a group of not more than four (4)
persons not so related who maintain a common household in a
dwelling.
13. "Initial Declaration" shall mean (and, when following a
section, paragraph, page or exhibit designation, the word
"hereto") shall refer to this Declaration as initially recorded
in the County's Public Records.
14. "Institutional Mortgage" shall mean a first mortgage on
a dwelling held by an institutional mortgagee.
15. "Institutional Mortgagee" shall mean any bank, savings
and loan association, insurance company, mortgage company, real
estate investment trust, or agency of the United States
Government; a lender generally recognized in the community as an
institutional lender; and any assignee of a loan made by one of
the foregoing to finance the purchase of a dwelling.
16. "Lot" shall mean one of the (_) lots
of land described in Exhibit A hereto and is not subsequently
withdrawn from the provisions of this Declaration by a
supplemental declaration.
17. "Member" shall mean any person or entity holding a
membership in the Association.
18. "owner" shall mean the person or persons or legal
entity or entities holding fee simple interests of record to any
dwelling, including the Developer and sellers under executory
contracts for sale of a dwelling, but excluding those having such
interests merely as security for the performance of an obligation
and excluding purchasers under executory contracts for sale of a
lot.
19. "Supplemental declaration" shall mean any instrument
recorded by the Developer in the County's Public Records for the
purpose of withdrawing lots or otherwise amending or
supplementing this Declaration.
20. "Surface Water or Stormwater Management System" shall
mean a system which is designed and constructed or implemented to
control discharges which are necessitated by rainfall events,
incorporating methods to collect, convey, store, absorb, inhibit,
treat, use or reuse water to prevent or reduce flooding,
overdrainage, environmental degradation, and water pollution or
otherwise affect the quantity and quality of discharges from the
system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-
42, F.A.C.
ARTICLE II
WITHDRAWAL OF LOTS AND ATTACHED DWELLINGS
1. Withdrawal. Anything herein to the contrary
notwithstanding, the Developer reserves the absolute right at any
time to withdraw one or more lots from the provisions of this
Declaration by recording an appropriate supplemental declaration
in the County's Public Records, provided that, to be effective,
any such supplemental declaration must be executed by the
Developer, the owner of the lot sought to be withdrawn, and the
holder of any Institutional Mortgage on the lot sought to be
withdrawn, and consented to by the County through the County's
attorney.
ARTICLE III
THE ASSOCIATION
1. Membership. The Developer and every Owner of a
dwelling shall be a member of the Association. No membership in
the Association shall be assignable except to the successor -in -
interest of an Owner, every membership being appurtenant to and
inseparable from the member's dwelling. Ownership of a dwelling
shall be the sole qualification for membership of a non -Developer
Owner in the Association.
2.Classes of Votino Membership. The Association shall
have two classes of voting membership:
A. CLASS A. Class A members shall be all owners,
with the exception of the declarant, and shall be entitled
to one vote for each dwelling owned. When more than one
person holds an interest in any dwelling, all such persons
shall be members. The vote for such dwelling shall be
exercised as they determine, but in no event shall more than
one vote be cast with respect to any dwelling.
B. CLASS B. Class B members shall be the declarant
and shall be entitled to eight (8) votes for each dwelling
owned. The Class B membership shall cease and be converted
to Class A membership on the happening of either of the
following events, whichever occurs earlier:
(1) When the total votes outstanding in the Class
A membership equal the total votes outstanding in the
Class B membership, or
(2) On August 31st, 1999.
3. Merger or Consolidation. Upon a merger or
consolidation of the Association with any other association
organized to administer a residential community located within
the SEA ERA SEGUNDO LANDS, the Association's properties, rights
and obligations may, by operation of law, be transferred to
another surviving or consolidated association, or the properties,
rights and obligations of any such association may be transferred
to the Association as a surviving association. The surviving or
consolidated association (whether the Association or another
association) may administer, as one scheme, the Covenants and
Restrictions established by this Declaration, together with the
other Covenants and Restrictions established with respect to the
lots or with respect to other properties. No such merger or
consolidation shall revoke, change or add to the Covenants and
Restrictions or dilute the Developer's voting power with respect
to matters affecting the lots, except as may be specifically
provided in this Declaration. Any such merger or consolidation
shall require the vote or written approval of owners holding two-
thirds (2/3) of the Class A membership voting power and the Class
B member (if one then exists).
4. Dutv_and Responsibility for Maintenance. Operation and
maintenance, operation and repair of the surface water or
stormwater management system. Maintenance of the surface water
or stormwater management system(s) shall mean the exercise of
practices which allow the systems to provide drainage, water
storage, conveyance of other surface water or stormwater
management capabilities as permitted by the St. Johns River Water
Management District. Any repair or reconstruction of the surface
water or stormwater management system shall be as permitted or,
if modified, as approved by the St. Johns River Water Management
District.
ARTICLE IV
ASSESSMENTS
1. Covenant to Pay; Creation of Lien.
A. Covenant to Pay. The Developer, for each dwelling
now or hereafter owned by it, hereby covenants and agrees to
pay the Association periodic and special assessments as
hereinafter provided; and each person or entity who accepts
a deed to a dwelling or who accepts title thereto as an heir
or devisee, is hereby deemed to have covenanted and agreed
to pay the Association periodic and special assessments as
hereinafter provided (whether or not the covenant or
agreement is expressly mentioned in the deed or other
instrument by which title was acquired).
B. Creation of Lien. Each periodic and special
assessment provided for in this Article, together with any
related interest, penalties and costs of collection provided
for in this Article, shall constitute a charge and
continuing lien on the dwelling.
C. Personal Liability. Each periodic and special
assessment provided for in this Article, together with any
related interest, penalties and costs of collection, shall
also constitute the personal obligation of the owner of the
property against which the assessment is made, or on which
the assessment constitutes or gives rise to a lien and,
except as otherwise provided therein, the personal
obligation of such owner's successors and assigns. If the
owner consists of more than one person or entity, each such
person or entity shall be jointly and severally liable for
the aforesaid obligation.
2. Purpose. The Assessments imposed pursuant to this
Article shall be used for the Association's operation and
administration and the fulfillment of its duties hereunder.
3. Periodic Assessments. The Board shall fix the amount
of the periodic assessments for each fiscal year of the
Association (or part thereof if assessments commence on other
than the first day of such fiscal year) to be levied against each
owner subject to assessment at least fifteen (15) days in advance
of the period covered by the assessments, and written notice of
any change in the amount of the periodic assessment during that
period shall be given to each Owner at least fifteen (15) days in
advance of the changes becoming effective. At least fifteen (15)
days before the beginning of each fiscal year, the Board of
Directors shall prepare and distribute to the members o the
Association, a written, itemized statement (budget) of the
expenses to be incurred by the Association during such year in
performing its functions under this Declaration. The assessments
shall be based on a budget that includes reasonable reserves for
deferred maintenance of improvements the Association is
responsible hereunder for maintaining and may (but need not)
include reserves for other contingencies. The Board may provide
in its absolute discretion that the periodic assessments be
payable either quarterly or monthly. The Board of Directors
shall cause to be prepared an annual balance sheet and operating
statement for each fiscal year and shall cause to be distributed
a copy of each such statement to each Member and to each
Institutional Mortgagee who has filed a written request for
copies of the same with the Board of Directors.
4. Special Assessments. Special (i.e., non -periodic)
assessments may be levied by the Board (a) upon al Owners subject
to periodic assessments to make up actual deficits or anticipated
deficits in operating and maintenance accounts resulting from
inadequate periodic assessments and (b) against any Owner
individually to collect a liability of that Owner to the
Association that is not common to all other owners or a liability
of that owner provided for in Article VI, Section 3 hereof.
5. Share of Assessments. The periodic assessments
provided for in Section 3 of this Article and the special
assessments provided for in Section 4 of this Article shall be
divided evenly among the Dwellings subject to assessment.
Association's Remedies for Non -Payment.
A. Penalties for Delinpuency. Any assessment that is
unpaid for more than ten (10) days after the date it is due
shall bear interest at the highest rate permitted by law
from the date it is due until the date it is paid. In
addition, the Owner of any dwelling with respect to which an
assessment is overdue by more than thirty (30) days may be
required by the Board to pay the Association a late charge
equal to the amount of the delinquent installment.
B. Enforcement of Lien. The Association may bring an
action in its name to foreclose any lien on a dwelling in
the manner in which mortgages on real property are
foreclosed in Florida and may also bring an action to
recover a money judgment for unpaid periodic or special
assessments with interest thereon (plus the costs and
expenses mentioned in Subparagraph C below) without waiving
any claim of lien, provided that in either case, the
Association must give the delinquent Owner at least thirty
(30) days written notice of its intentions and, in the case
of a foreclosure, must file a claim of lien in the County's
Public Records. Upon the timely curing of any default
(including the payment of fees and costs secured by the
Association's lien) for which a claim of lien was filed, the
Owner curing the default is entitled to have a satisfaction
of lien recorded upon payment to the Association of a fee to
be determined by the Association, but not to exceed fifty
($50.00) dollars.
C. Attorney Fees and Other Costs of Enforcement.
Reasonable attorney's fees incurred by the Association or
its agent incident to the collection of any unpaid periodic
or special assessment or the enforcement of any lien
provided for by Section 1 of this Article (including
attorney fees in connection with any review of a judicial or
administrative proceeding by appeal or otherwise), together
with al sums advanced and paid by the Association or its
agent for taxes and payments on account of superior liens or
encumbrances that may be required to be advanced by the
Association or its agent in order to preserve and protect
its lien, shall be payable by the Owner liable for the
assessment and be secured by the Association's lien.
D. Status of Transferees. No person or entity that
acquired title to a dwelling as a result of a foreclosure of
an Institutional Mortgage of record or that accepts a deed
to a dwelling in lieu of foreclosing an Institutional
Mortgage of record shall be liable for the share of periodic
or special assessments pertaining to that dwelling or
chargeable to the former Owner thereof which became due
prior to its acquisition of title, unless such share is
secured by a claim of lien for periodic or special
assessments recorded prior to the recording of the mortgage
in question. Any such shares of assessments for which the
new Owner is not liable shall be collectible by periodic or
special assessments from all the Owners, including the new
Owner of the dwelling in question. Except as expressly
provided hereinabove, every grantee in a voluntary
conveyance of a dwelling shall be jointly and severally
liable for all unpaid periodic or special assessments up to
the time of conveyance. Nothing herein contained to the
contrary notwithstanding, each and every Owner, including
purchasers at judicial sale, shall be liable for all
periodic or special assessments coming due while he is the
Owner of a dwelling, regardless o how his title was
acquired.
E. Cumulative Remedies. The remedies provided in
this Section 6 shall be cumulative and not mutually
exclusive.
7. Association's Certificate. Each Owner of an assessable
dwelling and every holder of a mortgage thereon shall have the
right to require from the Association a certificate showing the
amount of unpaid periodic or special assessments against the
owner with respect to his dwelling upon payment to the
Association of a reasonable fee not exceeding fifteen ($15.00)
dollars. Any person other than the Owner of the Dwelling in
question who relied upon such a certificate shall be protected
thereby.
B. Subordination. The lien on each dwelling provided for
in this Article shall be subordinate to the lien of any
Institutional Mortgage on that dwelling recorded before a claim
of lien is filed under this Article with respect to that
dwelling.
9. Maintenance of Surface Water or Stormwater Management
System Assessment. Assessments shall be used for the maintenance
and repair of the surface water or stormwater management systems,
including but not limited to, work within retention areas,
drainage structures and drainage easements.
MAINTENANCE
1. Maintenance of Dwelling. The members shall be
responsible for painting, repairing, reconstructing and
replacing, as and when reasonably necessary, the party walls
(exclusive of painting of interior party walls) and exterior
building walls of each dwelling, the roof and foundations of each
dwelling, those portions of each wall partially surrounding a
patio, courtyard or pool appurtenant to a dwelling which is
visible from outside the Lot on which the dwelling is situated,
and the gutters, downspouts and window casements of each dwelling
(but not the doors, windows and screens of any dwelling).
2. Maintenance of Dwelling. Each Owner shall be
responsible for keeping the interior and exterior of his dwelling
in a clean, safe and orderly condition and good repair to the
extent the Association is not responsible for doing so hereunder.
3. Failure to Perform. If an Owner fails to comply with
the foregoing provisions of this Section Zr the Association may
proceed in court to enjoin compliance with them. In addition,
the Association shall be entitled (though not obligated) to
restore the neglected dwelling to the condition required by this
Section and to levy on the offending owner a special assessment
equal to the cost of the work that was the Owner's
responsibility.
ARTICLE VI
INSURANCE
Purchase. Custody and Payment.
A. Authorization of Association. The Developer for
dwellings now or hereafter owned by it hereby irrevocably
nominates, and each person who accepts added to a dwelling
(or who accepts title thereto as a heir or devisee) is
hereby deemed to irrevocably nominate
B. Purchase. All insurance policies described in
Section 2 of this Article shall be purchased by the
Association and shall be issued by an insurance company
authorized to do business in Florida and which, in the case
of hazard insurance, has either a financial rating in Best's
Financial Insurance Reports of Class VI or better or a
financial rating therein of Class V and a general
policyholder's rating of at least "A".
C. Approval. Each insurance policy, the agency and
company issuing the policy and the insurance trustee herein-
after described (the "Insurance Trustee") shall be subject
to the approval of the Primary Institutional Mortgagee in
the first instance.
D. Named Insured. The named insured of each hazard
policy shall be the Association, individually, and as agent
for the Owner of a dwelling covered by the policy and as
agent for his mortgagees, if any, with the Owner and the
mortgagees as additional insureds.
E. Custody of Policies and Payment of Proceeds. All
policies shall provide that payments for losses made by the
insurer shall be paid to the Insurance Trustee described in
10
Section 4 of this Article, and all policies and endorsements
thereto shall be deposited with the Insurance Trustee.
F. Copies to Mortgagees. One copy of each insurance
policy, or a certificate evidencing such policy, and all
endorsements thereto, shall be furnished by the Association
upon request to each Institutional Mortgagee who holds a
mortgage upon a dwelling covered by the policy. Copies or
certificates shall be furnished not less than ten (10) days
prior to the beginning of the term of the policy, or not
less than ten (10) days prior to the expiration of each
preceding policy that is being renewed or replaced, as
appropriate.
G. Personal Property and Liability. Unit Owners may
obtain insurance coverage at their own expense and in their
own discretion upon the property lying within the interiors
of their dwellings, including, but not limited to, their
personal property (except as covered in Section 2.A below),
and for their personal liability and living expense and for
any other risks.
2. Coverage. The Association shall maintain insurance
covering the following:
A. Casualty. Every dwelling (including all fixtures,
installations or additions comprising that part of the
dwelling outside the interior living space of the dwelling
and initially installed in accordance with the original
plans and specifications therefor, and replacements thereof
of like kind or quality, but excluding all furniture,
furnishings and other personal property owned, supplied or
installed by the Owners or his tenants and excluding all
other alterations, capital improvements and betterments made
by the Owner or his tenants) (collectively the "Insured
Property"), shall be insured in an amount not less than one
hundred percent (1008) of the insurable value thereof (based
on replacement cost), excluding foundation and excavation
costs. Any such policy may contain reasonable deductible
provisions as determined by the Board. The coverage shall
afford protection against:
(1) Loss or Damage by Fire and Other Hazards
covered by a standard extended coverage endorsement;
and
(2) Such Other Risks as from time to time are
customarily covered with respect to buildings and
improvements similar to the Insured Property in
11
construction, location and use, including, but not
limited to, vandalism and malicious mischief, and, if
required by the Primary Institutional Mortgagee or the
Association elects, flooding.
B. Worker's Compensation and other mandatory
insurance when applicable.
C. Such other insurance as the Board of Directors of
the Association shall determine from time to time to be
desirable (including but not limited to fidelity bonding of
the Association's directors, officers, employees and
managing agents and liability insurance for its officers and
directors).
Specific Provisions
(1) When appropriate and obtainable, each of the
foregoing policies shall waive the insurer's standard
right to: (a) subrogation against the Association and
against the owners individually and as a group, (b) pay
only a fraction of any loss in the event of co-
insurance or if other insurance carriers have issued
coverage upon the same risk, and (c) avoid liability
for a loss that is caused by an act of the Board, by a
member of the Board or by one or more owners.
(2) All policies of physical damage insurance
shall provide that such policies may not be canceled or
substantially modified without at least ten (10) days'
prior written notice to all of the named insureds,
including all mortgagees of dwellings. Prior to
obtaining any policy of casualty insurance or any
renewal thereof, the Board shall obtain an appraisal
from a fire insurance company, or other competent
appraiser, of the full insurable replacement value of
the Insured Property (exclusive of foundations),
without deduction for depreciation, for the purpose of
determining the amount of insurance to be obtained
pursuant to this Section.
3. Premiums. Premiums for the coverage described in
Section 2.B and 2.0 of this Article shall be part of the Asso-
ciation's common expenses payable out of periodic assessments or
special assessments provided for in Section 5(a) of Article V.
4. Insurance Trustee: Share of Proceeds. All insurance
policies obtained by the Association shall be for the benefit of
the Association, the Owners and their mortgagees, as their
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respective interests may appear, and shall provide that all
proceeds covering property losses shall be paid to the Insurance
Trustee which may be designated by the Board and which, if so
appointed, shall be a bank, or trust company in Florida with
trust powers, with its principal place of business in the County.
The Insurance Trustee shall not be liable for payment of
premiums, nor for the renewal of the sufficiency of policies, nor
for the failure to collect any insurance proceeds. The duty of
the Insurance Trustee (if applicable) shall be to receive such
proceeds as are paid and to hold the same in trust for the pur-
poses elsewhere stated herein, and for the benefit of the Owners
of the damaged dwellings and their respective mortgagees in pro-
portion to the amount of damage to each Owner's dwelling.
5. Mortgagees. No mortgagee shall have any right to
determine or participate in the determination as to whether or
not any damaged property shall be reconstructed or repaired, and
no mortgagee shall have any right to apply or have applied to the
reduction of a mortgage debt any insurance proceeds, except for
actual distributions thereof made to the Owner and mortgagee
pursuant to the provisions of this Declaration.
6. Distribution of Proceeds. Proceeds of insurance
policies received by the Insurance Trustee shall be distributed
in the following manner:
A. Expenses of the Trust. First, all expenses of the
Insurance Trustee shall be paid or provided for.
B. Reconstruction or Repair. The remaining proceeds
shall be paid to defray the cost of repairing and recon-
structing the damaged property as provided elsewhere herein.
Any proceeds remaining after defraying such costs shall be
distributed to the beneficial Owners thereof, remittances to
Owners and their mortgagees being payable jointly to them.
C. Certificate. In distributions to owners and their
mortgagees, the Insurance Trustee may rely upon a certif-
icate of the Association made by its President and Secretary
as to the names of the Unit Owners and their mortgagees and
their respective shares of the distribution.
7. Association as Agent. The Association is hereby
irrevocably appointed as agent and attorney-in-fact for each
Owner, for each owner of a mortgage or other lien upon a dwelling
and for each owner of any other interest in the Insured Property
to adjust all claims arising under insurance policies purchased
by the Association and to execute and deliver releases upon the
payment of claims.
13
8. Insurance Trustee Not Appointed. The Board of
Directors shall have the option in its discretion of appointing
an Insurance Trustee hereunder. Anything to the contrary in this
Declaration notwithstanding, if the Association fails or elects
not to appoint an Insurance Trustee, the Association shall per-
form directly all obligations imposed upon the Insurance Trustee
by this -Declaration.
ARTICLE VII
RECONSTRUCTION OR REPAIR AFTER CASUALTY DAMAGE
1. General. Any part of the Insured Property that has
been damaged by casualty shall be reconstructed in the manner
provided in this Article VII.
2. Responsibility for Reconstruction and Repair. I£ the
damage is only to parts of the Insured Property the
responsibility of repairing and maintaining which is the Owners'
under Article V, each Owner shall be responsible for the recon-
struction and restoration of his dwelling. In all other cases,
the Association shall be responsible for reconstructing and re-
pairing: damaged Insured Property the responsibility for
maintaining which is the Association's; damaged Insured Property,
such as non -glass entrance doors, balcony parapets, and terrace
fences, the responsibility for maintaining which is normally
divided between the Association and Owner; damaged interior
partition walls out to their unfinished surfaces; and those
portions of each two-story dwelling that lie between the
unfinished ceiling of the dwelling's first story and the
unfinished surface of the floor slab of the dwelling's second
story.
3. Plans for Reconstruction or Repair. Any reconstruction
or repair after casualty damage shall substantially follow the
plans and specifications for the original improvements (including
those for any authorized alterations and additions made after the
Initial Declaration is recorded) unless an alternative set of
plans and specifications are approved by the Board, by seventy
percent (706) of the Owners and by all Owners of dwellings
covered by the alternative plans and specifications.
4. Estimate of Cost. Immediately after determining to
reconstruct or repair property damaged by casualty, the
Association shall obtain detailed estimates of the cost of doing
so from reliable contractors.
14
5. Assessments: Determination of Sufficiency of
Funds.
A. Assessments. If the proceeds of insurance are
insufficient to defray the estimated costs of reconstruction
and repair for which the Association is responsible, or if
at ,any time during the work or upon its completion the funds
available for the payment of such costs prove insufficient,
special assessments shall be made by the Association against
Owners in sufficient amounts to provide funds for payment of
those costs. Such assessments shall be levied against the
Owners in amounts proportional to the costs of
reconstructing and repairing their dwellings.
B. Determination of Sufficiency of Funds. If the
estimated costs of reconstruction and repair for which the
Association is responsible do not exceed $50,000.00, the
sufficiency of funds to pay the costs shall be determined by
the Board and the sums collected from the assessments levied
pursuant to Section 5.A of this Article VII shall be held by
the Association. If these estimated costs exceed
$50,000.00, the sufficiency of funds to pay the costs shall
be determined by an architect qualified to practice in
Florida and employed by the Association to supervise the
work, and the sums collected from the assessments shall be
deposited by the Association with the Insurance Trustee.
6. Disbursement of Funds. The funds held by the
Association or the Insurance Trustee after a casualty (which
funds will consist of insurance proceeds and sums collected from
special assessments against Unit Owners on account of the casual-
ty) shall be disbursed in the following manner and order:
A. Expenses of Insurance Trustee. Payment of all
expenses of the Insurance Trustee or provision for their
payment shall be made first.
B. Reconstruction and Repair of Damage. The balance
of the funds shall be disbursed in the following manner:
(1) Repair by Association When the Cost Does Not
Exceed 550.000.00. If the estimated costs of
reconstruction and repair that are the Association's
responsibility do not exceed $50,000.00, the funds
shall be disbursed by the Insurance Trustee (and the
Association, if applicable) in payment of these costs
at the direction of the Board.
15
(2) Repair by Association when the cost cxceeae
$50.000.00. If the estimated costs of reconstruction
and repair that are the Association's responsibility
exceed $50,000.00 the funds shall be disbursed by the
Insurance Trustee (and the Association, if applicable)
in payment of those costs in the manner directed by the
Board, with an architect who is licensed to practice in
Florida and is employed by the Association to supervise
the work approving all disbursements as being due and
properly payable.
(3) Repair By Unit Owners. If insurance proceeds
remain after payment of the costs of reconstruction and
repair that are the Association's responsibility, they
shall be distributed to the Owners of damaged dwellings
who have the responsibility to reconstructing and
repairing them in a share to each owner equal to the
ratio of the estimated cost of reconstructing and
repairing his dwelling to the total of these costs in
all damaged dwelling, provided, however, that no Owner
shall be paid an amount that exceeds the estimated
costs of the repair and reconstruction of his dwelling
that are his responsibility. If a Unit is subject to a
mortgage or mortgages listed on the Association's
Roster of Mortgagees, the distribution shall be paid to
the. Owner and the mortgagees jointly, and they may use
the proceeds as they determine between themselves.
(4) The first moneys disbursed in payment of the
costs of reconstruction and repair shall be presumed to
be from insurance proceeds. If there is a balance
remaining after payment of the costs for which the
funds are collected, the balance shall be distributed
to the beneficial owners of the funds. Remittances to
Owners and their mortgagees shall be made payable
jointly to them, provided, however, that the part of a
distribution to a Owner that is not in excess or any
special assessments paid by the Owner into the funds
shall not be made payable to any mortgagee.
C. Reliance upon Certificates. Notwithstanding the
provisions of this Declaration, the Insurance Trustee shall
not be required to make a determination as to the existence
of certain facts upon which the distribution of funds is
conditioned. Instead, the Insurance Trustee may rely upon a
certificate made by the Association's President and
Secretary stating: (1) whether or not payments collected
from special assessments against Owners pursuant to this
Article VII shall be deposited with the Insurance Trustee;
16
(2) that particular sums are due and properly payable, the
name of the payee and the amount to be paid; (3) the names
of Owners to receive distribution of funds and the amounts
to be distributed to them; provided, however, that when a
mortgagee is required by this Article VII to be named as a
joint payee of a distribution to a owner, the Insurance
Trustee shall name the mortgagee as payee of any
distribution of insurance proceeds to the Owner if the
mortgagee is listed as holding a mortgage on that Owner's
dwelling in the Roster of Mortgagees furnished the Insurance
Trustee.
ARTICLE VIII
PARTY WALLS
1. General. Each wall built as part of the original
construction of two dwellings and placed on the dividing line
between Lots on which they are situated shall constitute a party
wall, and each Owner of one of the dwellings shall own that
portion of the wall which stands on his own dwelling, together
with a cross -easement of support in the other portion. To the
extent not inconsistent with the provisions of this Article or
Article V, VI or VII hereof, the general rules of law regarding
party walls and liability or property damage due to negligence or
willful acts or omissions shall apply to all such party walls.
2. Easements. Easements are reserved in favor of all Lots
sharing a party wall for overhangs or other encroachments
resulting from original construction or from restoration that
conforms substantially to the original construction.
3. Arbitration. In the event of any dispute arising
concerning a party wall or under the provisions of this Article
generally, each party shall choose one arbitrator those
arbitrators shall choose one additional arbitrator, and the deci-
sion of a majority of the three arbitrators thus chosen shall be
conclusively determinative of the question involved. If a panel
cannot be designated in this way, the matter shall be arbitrated
pursuant to the rules of the American Arbitration Association (or
its successors in function) then prevailing. Any decision made
pursuant to this Section 3 shall be conclusive and may be entered
in any court of competent jurisdiction in accordance with the
Florida Arbitration Code.
17
ARTICLE IX
USE RESTRICTIONS
1. Occupancy. Each dwelling shall be used as a residence
only, except as otherwise expressly provided herein. A dwelling
owned by an individual, corporation, partnership, trust or other
fiduciary may be occupied only by the following persons, and such
persons' families and guests: (a) an individual Owner, (b) an
officer, director, stockholder or employee or a corporate Owner,
(c) a partner or employee of a partnership Owner, (d) the
fiduciary or beneficiary of a fiduciary Owner, or (e) permitted
occupants under an approved lease or sublease of the dwelling (as
described below), as the case may be. A dwelling may be occupied
under an approved lease or sublease only by the following
persons, and such persons' families and guests: (a) an
individual lessee or sublessee, (b) an officer, director, stock-
holder or employee of a corporate lessee or sublessee, (c) a
partner or employee of a partnership lessee or sublessee, or (c)
a fiduciary or beneficiary of a fiduciary lessee or sublessee.
Under no circumstances may more than one Family reside in a dwel-
ling at one time. "Family" and words of similar import used
herein shall be deemed to include spouses, parents, parents-in-
law, brothers, sisters and children and grandchildren. In no
event shall occupancy (except for temporary occupancy by visiting
guests) exceed two (2) persons per bedroom in a dwelling. The
Board of Directors shall have the power to authorize occupancy of
a dwelling by persons in addition to those set forth above for
visits of temporary duration that do not exceed sixty (60) days
in any calendar year.
2. Pets. No animal may be kept anywhere in a dwelling or
on a Lot unless it is a small bird or fish, a dog weighing less
than twenty (20) pounds, a household cat, or some other
"household pet" (as defined by the Board of Directors) capable of
being hand -carried. With the exception of birds and fish housed
in a cage or aquarium within the Owner's dwelling, no Owner may
keep more than two (2) pets in a dwelling. No pet may be kept,
bred or maintained for any commercial purpose or become a
nuisance or annoyance to neighbors. Owners must pick up all
solid wastes of their pets and dispose of them appropriately.
All pets (including cats) must be leashed at all times when
outside the dwelling. No dogs may be kept on a terrace, balcony,
patio or lanai of a dwelling when the dwelling's Owners is absent
from the dwelling. Violation of any provision of this Section
shall entitle the Association to all of its usual rights and
remedies (including, but not limited to, the right to fine Owners
as provided herein, in the Association's By -Laws or in any
applicable rules and regulations) and also to require any pet to
18
be permanently removed from its Owner's dwelling upon three (3)
days' notice. No one other than an Owner shall be permitted to
keep any pets.
3. Alterations. No Owner shall cause or allow
improvements or changes to any exterior portion of his dwelling
(including, but not limited to, painting or other decorating of
any nature, installing any electrical wiring, television antenna,
machinery or air-conditioning units or in any manner changing the
appearance of any portion of the dwelling) without first obtain-
ing the written consent of the Association.
4. Nuisances. No use or practice shall be allowed in or
around dwellings which is a source of annoyance to Owners or
occupants of dwellings or which interferes with the peaceful
possession or proper use of the dwellings or any surrounding
common areas.
5. No Improper Uses. No improper, offensive, hazardous or
unlawful use shall be made of any dwelling, and all valid laws,
zoning ordinances and regulations of all governmental bodies
having jurisdiction thereover shall be observed. Violations of
laws, orders, rules, regulations or requirements of any
governmental agency having jurisdiction thereover, relating to
any dwelling shall be corrected by, and at the sole expense of,
the party obligated to maintain or repair such portion of the
dwelling as elsewhere herein set forth.
6. Lease. No portion of a dwelling (other than an entire
dwelling) may be rented. All leases shall be on forms approved
by the Association and shall provide that the Association shall
have the right to terminate the lease upon default by the tenant
in observing any of the provisions of this Declaration, of the
Articles of Incorporation and Sy -Laws of the Association, of
applicable rules and regulations, of the Master Declaration or of
any other instrument, document or instrument governing the
dwellings. The leasing of dwellings shall also be subject to the
prior written approval of the Association, which may reject the
leasing of any dwelling on any reasonable grounds. The Owner of
a leased dwelling shall be jointly and severally liable with his
tenant to the Association to pay any claim of injury or damage to
property caused by the negligence of the tenant. Every lease
shall be subordinated to any lien filed by the Association or the
Master Association whether before or after the lease was entered
into. No dwelling may be leased more than three (3) times in any
one calendar year.
7. Exterior Improvements, Landscaping. Without limiting
the generality of Section 3 of this Article, no Owner shall,
19
without first obtaining the written consent of the Association,
cause anything to be affixed or attached to, displayed or placed
on, or hung from the exterior walls, doors, windows, patios,
courtyards or terraces of his dwelling (including, but not
limited to, awnings, signs, storm shutters, screens, furniture,
fixtures and equipment), or plant or grow any type of shrubbery,
flower, tree, vine, grass or other plant life outside his
dwelling.
8. Effect on Developer; Selective Relief. The
restrictions and limitations set forth in this Article shall not
apply to the Developer or to Lots or dwellings owned by the
Developer, nor to Institutional Mortgagees or to Lots or dwel-
lings owned by Institutional Mortgagees. The Association shall
have the power (but not the obligation) to grant relief in parti-
cular circumstances from the provisions of specific restrictions
contained in this Article for good cause shown.
ARTICLE XI
ADDITIONAL RIGHTS OF INSTITUTIONAL FIRST MORTGAGEE
In addition to all other rights herein set forth, each
holder of an Institutional Mortgage shall have the right, upon
written request to the Association, to:
1. Inspect the Association's books and records during
normal business hours;
2. Receive an unaudited financial statement of the
Association within ninety (90) days after each of its fiscal
years closes;
3. Receive from the Association written notice of any
meeting of the Association's membership and to attend any such
meeting;
4. Receive from the Association written notice of any
default under this Declaration or the By -Laws by an Owner of a
Lot or dwelling encumbered by a mortgage to the Institutional
Mortgagee, if the default remains uncured for more than thirty
(30) days;
5. Receive timely written notice of casualty damage to or
condemnation of any part of any dwelling on which it has a
mortgage.
9A
ARTICLE XII
1. Covenant Running with the Land. All provisions of this
Declaration, the Articles, By -Laws and applicable rules and
regulations of the Association, as well as the provisions of the
Master Declaration and all applicable management contracts,
shall, to the extent applicable and unless otherwise expressly
herein or therein provided to the contrary, be perpetual and be
construed to be covenants running with the Lots and with every
part thereof and interest therein, and all of the provisions
hereof and thereof shall be binding upon and inure to the benefit
of the Developer and subsequent Owner(s) of the dwellings or any
part thereof, or interest therein, and their respective heirs,
personal representative, successors and assigns, but the same are
not intended to create nor shall they be construed as creating
any rights in or for the benefit of the general public. All
present and future Owners and tenants and occupants of dwellings
shall be subject to and shall comply with the provisions of this
Declaration and such Articles, By -Laws and applicable rules and
regulations, as well as the provisions of the Master Declaration
as they may be amended from time to time. The acceptance of a
deed or conveyance to a dwelling, or the entering into of a lease
of, or occupancy of, any dwelling shall constitute an adoption
and ratification by such Owner, tenant or occupant of the
provisions of this Declaration, and the Articles, By -Laws and
applicable rules and regulations of the Association, as well as
the provisions of the Master Declaration and all applicable
management contracts, as they may be amended from time to time,
including, but not limited to a ratification of any attorneys -in -
fact contained therein.
2. Duration. The Covenants and Restrictions shall be
effective for a term of forty (40) years from the date the
Initial Declaration is recorded. After that time they shall be
automatically extended for successive periods of fifteen (15)
years each unless an instrument has been recorded in which eighty
percent (808) of the then Owners and eighty percent (808) of the
holders of the then outstanding Institutional Mortgages agree by
signing it to revoke the Covenants and Restrictions in whole or
in part; provided, however, that no such agreement shall be
effective unless it is made and recorded at least three (3) years
before the effective date of the change provided for in it and
unless written notice of the proposed agreement is sent to every
Owner at least ninety (90) days before any action is taken.
21
3. Enforcement. This Declaration, the Articles of
Incorporation and the By -Laws may be enforced by the Association
as follows;
A. The breach of any of the covenants contained in
the Declaration or the By -Laws and the continuation of any
such breach may be enjoined, abated or remedied by
appropriate legal proceedings by the Developer, the
Association, the successors -in -interest of the Association
or an Owner or Owners. Any judgment rendered in any action
or proceeding pursuant hereto shall include a sum for
attorney's fees, in such amount as the court may deem
reasonable, as well as the amount of any delinquent payment,
interest thereon, costs of collection and court costs.
B. The result of every act or omission whereby any of
the covenants contained in this Declaration or the By -Laws
are violated in whole or in part is hereby declared to be
and constitute a nuisance, and every remedy allowed by law
orequity with respect to nuisances either public or private
shall be with
and may be exercised by the Developer or
the Association or their successors -in -interest.
C. The remedies herein provided for breach of the
covenants or restrictions contained in this Declaration or
in the By -Laws shall be deemed cumulative, and none of such
remedies shall be deemed exclusive.
D. The failure of the Association to enforce any of
the covenants or restrictions contained in this Declaration
or in the By -Laws shall not constitute a waiver of the right
to enforce the same thereafter.
E. A breach of the covenants, conditions or res-
trictions contained in this Declaration or in the By -Laws
shall not affect or impair the lien or charge of any
mortgage made in good faith and for value on any dwelling;
provided, however, that any subsequent Owner of a dwelling
shall be bound by those covenants, whether such Owner's
title was acquired by foreclosure sale or otherwise.
4. Severability. The invalidation of any one of the
Covenants and Restrictions by judgment or court order shall in no
way affect any of the other Covenants and Restrictions, all of
which shall remain in full force and effect.
S. Interpretation. The article and section headings
herein have been inserted for convenience only, and shall not be
considered or referred to in resolving questions of inter-
pretation or construction. The singular shall include the plural
22
and the plural the singular, and the masculine, feminine and
neuter genders shall each include the other.
6. Amendments. This Declaration may be amended by the
Association (1) by the affirmative vote or written consent of the
Owners holding not less than sixty-six and two-thirds percent
(66-2/38) of the voting power of the Class A Membership and the
affirmative vote of the Class B Member (so long as the Class B
Membership exists); or (2) by the affirmative vote of the Class B
Member alone; provided, however, that no amendment shall be
permitted which has a materially adverse affect upon substantial
rights of any Owner or Institutional Mortgagee without the prior
written consent of the Owner or Institutional Mortgagee so
affected, as appropriate. Without in any way limiting the
generality of clause (2) above, as long as it is the Class B
Member or owns one or more dwellings, the Developer shall have an
absolute right to make any amendments to this Declaration (with-
out any other party's consent or joinder) which is required to
correct a surveying error or an erroneous legal description or
which is requested or required by the Federal National Mortgage
Association, Federal Home Loan Mortgage Corporation, Government
National Mortgage Association or other governmental or quasi -
governmental body which owns or expects to own one or more Insti-
tutional Mortgages or requested or required by any Institutional
Mortgagee or prospective Institutional Mortgagee to enhance the
salability of Institutional Mortgages owned by it to one or more
of the foregoing. As long as the Developer owns any portion of
the Aquarius, Lands, no amendment may be passed that adversely
affects the Developer's rights or privileges without its prior
written consent. Nothing contained herein shall affect the right
of the Developer to make such amendments of this Declaration or
such Supplemental Declarations as may otherwise be permitted
herein without any consents, approvals or joinders. This Section
may not be amended. All amendments shall be in accordance with
the Brevard County regulations, codes and ordinances applicable
to planned unit developments.
7. Surface Water or Stormwater Management System. Any
amendment to the Declaration which alters any provision relating
to the surface water or stormwater management system, beyond
maintenance in its original condition, including the water
management portions of the common areas, must have the prior
approval of the St. Johns River Water Management District.
B. Constructive Notice and Acceptance. Every person who
owns, occupies or acquires any right or title to a dwelling shall
be conclusively deemed to have consented and agreed to every
limitation, restriction, easement, reservation, condition and
covenant contained herein, whether or not any reference hereto is
23
contained in the instrument by which such person acquired an
interest in such dwelling.
9. Notices. Any notice permitted or required to be
delivered as provided herein shall be in writing and may be
delivered either personally or by mail. If delivery is made by
mail, it shall be deemed to have been delivered seventy-two (72)
hours after a copy of the same has been deposited in the United
States mail, postage prepaid, addressed to any person at
the address given by such person to the Association for the
purpose of service of such notice, or to the Unit of such person
if no address has been given to the Association. Such address
may be changed from time to time by notice in writing to the
Association.
IN WITNESS WHEREOF, the Developer has executed this
Declaration on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
DEVELOPER:
SEA ERA SEGUNDO PARTNERSHIP, a
Florida general partnership
By
Witness Signature
Address: c/o JAMES W. PEEPLES III
Print Witness Name P. o. Box 320757
Cocoa Beach, FL 32932-0757
Witness Signature
Print Witness Name
24
JOINDER
SEA ERA SEGUNDO HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not for profit, hereby agrees to accept all the
benefits and all the duties, responsibilities, obligations and
burdens imposed upon it by the provisions of this Declaration and
Exhibits hereto.
IN WITNESS WHEREOF, SEA ERA SEGUNDO HOMEOWNERS ASSOCIATION,
INC. has caused these presents to be signed in its name by its
proper officer and its corporate seal to be affixed this
day of , 1995.
Witness Signature
Print Witness Name
Witness Signature
Print Witness Name
STATE OF FLORIDA )
) as:
COUNTY OF BREVARD )
SEA ERA SEGUNDO HOMEOWNERS
ASSOCIATION, INC., a Florida
corporation not for profit
By:
Secretary
Address:
THE FOREGOING INSTRUMENT was acknowledged before me this
day of '1995, by as
ry
Secretaof SEA ERA SEGUNDO HOMEOWNERS ASSOCIATION, INC., a
Florida corporation not for profit, who is personally known to
me, or who produced
as identification, and who did take an oath.
my commission expires:
Notary Public Signature
Print Notary Public Name
26
ARTICLES OF INCORPORATION
OF
SEA ERA SEGUNDO HOMEOWNERS ASSOCIATION, INC.
(a corporation not for profit)
In order to form a corporation under and in accordance with
the provisions of the laws of the State of Florida for the
formation of corporations not for profit, we, the undersigned,
hereby associate ourselves into a corporation for the purpose and
with the powers hereinafter mentioned; and to that end we do, by
these Articles of Incorporation, set forth:
ARTICLE I - NAME
The name of the corporation shall be SEA ERA SEGUNDO
HOMEOWNERS ASSOCIATION, INC.
ARTICLE II - PURPOSE
The purposes and objects of the corporation shall be to
administer the operation and management of the common areas of
SEA ERA SEGUNDO, to be established by AQUARINA DEVELOPMENTS,
INC., a Florida corporation, hereinafter called Developer, upon
the following described property, situate, lying and being in
Brevard County, Florida, to wit:
See Exhibit A attached hereto and made a part hereof.
and to undertake the performance of the acts and duties incident
to the administration of the operation and maintenance of said
common areas and in accordance with the terms, provisions,
conditions and authorizations contained in these articles and
which may be contained in the Declaration of Restrictions, which
will be or which has been recorded in the Public Records of
Brevard County, Florida, at the time said property, and the
improvements now or hereafter situate thereon are submitted for
platting; and to own, operate, lease, sell, trade and otherwise
deal with such property, whether real or personal, as may be
necessary or convenient in the administration of said common
areas. The corporation shall be conducted as a non-profit
organization for the benefit of its members.
ARTICLE III - POWERS
The corporation shall have the following powers:
A. All of the powers and privileges granted to
corporations not for profit under the law pursuant to which this
corporation is chartered, and all of the powers and privileges
which may be granted unto said corporation or exercised by it
under any other applicable laws of the State of Florida.
B. All of the powers reasonably necessary to implement and
effectuate the purposes of the corporation, including, but not
limited to:
1. Making and establishing reasonable rules and
regulations governing the use of common areas in accordance
with the terms as may be defined in the Declaration of
Restrictions.
2. Levying and collecting assessments against members
of the corporation to defray the common expenses of the
maintenance and operation of the common areas as may be
provided in the Declaration of Restrictions and in the
By -Laws of this corporation which may be hereafter adopted,
including the right to levy and collect assessments for the
purposes of acquiring, operating, leasing, managing and
otherwise trading and dealing with such property, whether
real or personal, which may be necessary or convenient in
the operation and maintenance of the common areas and in
accomplishing the purposes set forth in the Declaration of
Restrictions.
3. Maintaining, repairing, replacing, operating and
managing the common areas of this subdivision and the
property comprising same, including the right to reconstruct
improvements after casualty and to make further improvement
of said property.
4. Enforcing the provisions of the Declaration of
Restrictions and these Articles of Incorporation, the
By -Laws of the corporation which may be hereafter adopted,
and the rules and regulations governing the use of the
common areas as the same may be hereafter established.
5. To now or hereafter acquire and enter into leases
and agreements of every nature, whereby the corporation
acquires leaseholds, memberships and other possessory or use
interests in land or facilities, including recreational
facilities, whether or not contiguous to lands of this
subdivision, to provide enjoyment, recreation, or other use
of benefit to the owners of the property within this
subdivision, all as may be deemed by the Board of Directors
to be in the best interests of the corporation.
6. To exercise, undertake and accomplish all of the
rights, duties and obligations which may be granted to or
imposed upon the corporation pursuant to the Declaration of
Restrictions.
7. To levy and collect adequate assessments against
members of the corporation for the costs of maintenance and
operation of the Surface Water or Stormwater Management
System. The assessments shall be used for the maintenance
and repair of the Surface Water or Stormwater Management
Systems, including but not limited to work within retention
areas, drainage structures and drainage easements.
8. To operate, maintain, and manage the Surface Water
or Stormwater Management System(s) in a manner consistent
with the St. Johns River Water Management District Permit
No. , requirements and applicable District
rules, and shall assist in the enforcement of the
restrictions and covenants contained therein.
9. In the event of termination, dissolution or final
liquidation of the Association, the responsibility for the
operation and maintenance of the surface water or stormwater
management system must be transferred to and accepted by an
entity which would comply with Section 40C-42.027, F.A.C.,
and be approved by the St. Johns River Water Management
District prior to such termination, dissolution or
liquidation.
ARTICLE IV - MEMBERS
The qualification of the members, the manner of their
admission to membership, termination of such membership, and
voting by members shall be as follows:
A. The owners of all dwellings in the subdivision shall be
members of the corporation, and no other persons or entities
shall be entitled to membership.
B. Membership shall be established by the acquisition of
fee title to a dwelling in the subdivision or by acquisition of a
fee ownership interest therein, whether by conveyance, devise,
judicial decree or otherwise and the membership of a party shall
be automatically terminated upon his being divested of all title
to or his entire fee ownership interest in any subdivision
dwelling.
C. The interest of a member in the funds and assets of the
corporation cannot be assigned, hypothecated or transferred in
any manner, except as an appurtenance to his dwelling. The funds
and assets of the corporation shall belong solely to the
corporation, subject to the limitation that the same be expended,
held or used for the benefit of the membership and for the
purposes authorized herein in the Declaration of Restrictions and
in the said By -Laws.
D. That Association shall have two classes of voting
membership:
1. CLASS A. Class A members shall be all owners,
with the exception of the declarant, and shall be entitled
to one vote for each dwelling owned. When more than one
person holds an interest in any dwelling, all such persons
shall be members. The vote for such dwelling shall be
exercised as they determine, but in no event shall more than
one vote be cast with respect to any dwelling.
2. CLASS B. Class B members shall be the declarant
and shall be entitled to eight (8) votes for each dwelling
owned. The Class B membership shall cease and be converted
to Class A membership on the happening of either of the
following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class
A membership equal the total votes outstanding in the
Class B membership, or
(b) On August 31st, 1998.
ARTICLE V - TERM
Existence of the Association shall commence with the filing
of these Articles of Incorporation with the Secretary of State,
Tallahassee, Florida. The Association shall have perpetual
existence.
ARTICLE VI - LOCATION
The principal office of the corporation shall be located at
505 North Orlando Avenue, Cocoa Beach, Florida 32932-0757, but
the corporation may maintain offices and transact business in
such other places within or without the State of Florida as may
from time to time be designated by the Board of Directors.
ARTICLE VII - DIRECTORS
The affairs of the corporation shall be managed by the Board
of Directors. The number of members of the first Board of
Directors of the corporation shall be three (3). The number of
members of succeeding boards of directors shall be three (3)
except as changed from time to time by the By -Laws of the
corporation. The members of the Board of Directors shall be
elected as provided by the By -Laws of the corporation, which
provide for election of directors at the annual meeting to be
held on the second Tuesday of December each year. The Board of
Directors shall be members of the corporation or shall be
authorized representatives, officers or employees of a corporate
member of this corporation.
Any vacancies in the Board of Directors occurring before the
first election will be filled by the remaining directors.
The names and addresses of the members of the first Board of
Directors who shall hold office until their successors are
elected and have qualified, or until removed, are as follows:
ARTICLE VIII - OFFICERS
The Board of Directors shall elect a President, Vice
President and Secretary/Treasurer and as many additional Vice
Presidents and Assistant Secretary/Treasurers as the Board shall
determine. The President shall be elected from among the
membership of the Board of Directors but no other officer needs
to be a director. The same person may hold two (2) offices, the
duties of which are not incompatible; provided, however, that the
office of the President and Vice President shall not be held by
the same person, nor shall the office of President and
Secretary/Treasurer or Assistant Secretary/Treasurer be held by
the same person.
The affairs of the corporation shall be administered by the
officers designated in the By -Laws of this corporation. Said
officers will be elected by the Board of Directors at its first
meeting following the annual meeting of the members of the
Association and, with the approval of the Board of Directors, may
employ a managing agent and/or such other managerial and
supervisory personnel or entities to administer or assist in the
administration of the operation and management of the common
areas and the affairs of the corporation, and any such person or
entity may be so employed without regard to whether such person
3
or entity is a member of the corporation or a director of the
corporation.
The names and addresses of the officers who will serve until
their successors are designated are as follows:
ARTICLE IX - SUBSCRIBERS
The subscribers to these Articles of Incorporation are the
two (2) persons herein named to act and serve as members of the
first Board of Directors of the corporation, the names of which
subscribers and their respective addresses are more particularly
set forth in Article VII above.
ARTICLE X - BY-LAWS
The original By -Laws of the corporation shall be adopted by
the Board of Directors and thereafter, such By -Laws may be
altered or rescinded by the Board in such manner as said By -Laws
may provide.
ARTICLE XI - INDENNIFICATION
Every director and every officer of the corporation shall be
indemnified by the corporation against all expenses and
liabilities, including counsel fees, reasonably incurred by or
imposed upon him in connection with any proceeding to which he
may be a party, or in which he may become involved, by reason of
his being or having been a director or officer of the
corporation, whether or not he is a director or officer at the
time such expenses are incurred, except in such cases wherein the
director or officer is adjudged guilty of willful misfeasance or
malfeasance in the performance of his duties; provided, that in
the event of any claim for reimbursement of indemnification
hereunder based upon a settlement by the director of officer
seeking such reimbursement or indemnification, the
indemnification herein shall only apply if the Board of Directors
approves such settlement and reimbursement as being in the best
interests of the corporation. The foregoing right of
indemnification shall be in addition to and not exclusive of all
other rights to which such director or officer may be entitled.
ARTICLE XII - AMENDMENTS
Any amendment or amendments to these Articles of
Incorporation may be proposed by the Board of Directors of the
corporation acting upon a vote of the majority of the directors,
or by the members of the corporation owning a majority of the
attached villas in the subdivision, whether meeting as members or
by instrument in writing signed by them. Upon any amendment or
amendments to these articles being proposed by said Board of
Directors or members, such proposed amendment or amendments shall
be transmitted to the President of the corporation or other
officer of the corporation in the absence of the President, who
shall thereupon call a special meeting of the members of the
corporation for a date not sooner than twenty (20) days not later
than sixty (60) days from the receipt by him of the proposed
amendment or amendments, and it shall be the duty of the
Secretary to give to each member written or printed notice of
such meeting, stating the time and place of the meeting and
reciting the proposed amendment or amendments in reasonably
detailed form, which notice shall be mailed or presented
personally to each member not less than ten (10) days nor more
than thirty (30) days before the date set for such meeting. If
mailed, the notice of the membership meeting shall be sent by
certified mail, return receipt requested, which mailing shall be
deemed notice. Any member may, by written waiver of notice
signed by such member, waive such notice, and such waiver when
filed in the records of the corporation, whether before or after
the holding of the meeting, shall be deemed equivalent to the
giving of such notice to such member. At such meeting, the
amendment or amendments proposed must be approved by an
affirmative vote of the members owning not less than two-thirds
(2/3) of the dwellings in the subdivision in order for such
amendment or amendments to become effective. Thereupon, such
amendment or amendments of these articles shall be transcribed
and certified in such form as may be necessary to register the
same in the office of the Secretary of State of Florida; and upon
the registration of such amendment or amendments with said
Secretary of State, a certified copy thereof shall be recorded in
the Public Records of Brevard County, Florida, within ten (10)
days from the date on which the same are so registered. At any
meeting held to consider such amendment or amendments of these
articles, the written vote of any member of the corporation shall
be recognized, if such member is not in attendance at such
meeting or represented thereat by proxy, provided such written
vote is delivered to the Secretary of the corporation at or prior
to such meeting.
ARTCLE XIII - EXISTENCE AND DURATION
Existence of the Association shall commence with the filing
of these Articles of Incorporation with the Secretary of State,
Tallahassee, Florida. The Association shall exist in perpetuity.
IN'WITNESS WHEREOF, the subscribers have hereunto set their
hands and seals this day of , 1995.
STATE OF FLORIDA )
) ss:
COUNTY OF HREVARD )
THE FOREGOING INSTRUMENT was acknowledged before me this
day of July, 1995 by, who are
personally known to me, or who produced
as identification, and who did take an oath.
My commission expires:
t.molabo.r.\.rticls.
Notary Public Signature
Print Notary Public Name
I
CERTIFICATE OF REGISTERED AGENT
Pursuant to Chapter 48.091, Florida Statutes, the following
is submitted in compliance with said act:
SEA ERA SEGUNDO HOMEOWNERS ASSOCIATION, INC., a corporation
not for'pro£it, desiring to organize under the laws of the State
of Florida, with its principal office as indicated in the
Articles of Incorporation, in the City of Cocoa Beach, County of
Brevard, State of Florida, has named JAMES W. PEEPLES III, ESQ.,
located at 505 North Orlando Avenue, Fourth Floor, Cocoa Beach,
Florida 32932-0757, as its agent to accept service of process for
the above -stated corporation, at the place designated in this
certificate, who hereby accepts to act in this capacity, and
agrees to comply with the provisions of the act relative to
keeping open said office.
JAMES W. PEEPLES III, Registered
Agent
tarnold\.sera\art tci..
BY-LAWS OF
SEA ERA SEGUNDO HOMEOWNERS ASSOCIATION. INC.
ARTICLE I - NAME AND LOCATION
The name of the corporation is SEA ERA SEGUNDO HOMEOWNERS
ASSOCIATION, INC., hereinafter referred to as the "Association."
The initial principal office of the corporation shall be located
at 505 North Orlando Avenue, Cocoa Beach, Florida 32932-0757, but
the meeting of members and directors may be held at such places
within the State of Florida, County of Brevard, as may be
designated by the Board of Directors.
ARTICLE II - DEFINITIONS
All terms and definitions used herein are to be further
defined and clarified as set forth in and according to SEA ERA
SEGUNDO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, as
recorded in the Public Records of Brevard County, Florida.
SECTION 1. "Association" shall mean and refer to SEA ERA
SEGUNDO HOMEOWNERS ASSOCIATION, INC., its successors and assigns.
SECTION 2. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee simple
title to any dwelling, tract or parcel which is a part of the
Properties, including contract sellers, but excluding those
having such interest merely as security for the performance of an
obligation.
SECTION 3. "Properties" shall mean and refer to that
certain real property described in Exhibit A attached hereto and
incorporated herein, and such additions thereto as may hereafter
be brought within the jurisdiction of the Association.
SECTION 4. "Common Area,, shall mean all real and personal
property (including improvements thereto) owned by the
Association, in fee simple, by virtue of dedication to the
Association, or otherwise, for the common use and enjoyment of
the owners.
SECTION 5. "Dwelling" shall mean and refer to any
improvements for which a certificiate of occupancy has been
issued by Brevard County in the overall SEA ERA SEGUNDO
subdivision on file with Brevard County, with the exception of
the Common Area, and/or road right-of-ways as shown or
subsequently shown on any recorded subdivision map or stage of
the overall properties if dedicated to a public authority or the
Association for maintenance. Each dwelling is subject to
assessment and entitles each owner to voting rights as
hereinafter defined.
SECTION 6. "Declarant" shall mean and refer to SEA ERA
SEGUNDO PARTNERSHIP, a Florida general partnership, its
predecessors in title, successors and assigns if such successors
or assigns should acquire more than one dwelling from the
Declarant for the purpose of development.
STN 7. "Member" shall mean and refer to those persons
entitled tECo mIOembership as provided in the Declaration and
Articles of Incorporation of the Association.
SECTION 8. "Declaration" shall mean and refer to that set
of Declaration of Restrictions as applicable to SEA ERA SEGUNDO
HOMEOWNERS ASSOCIATION, INC., and to any part of SEA ERA SEGUNDO.
SECTION 9. "SEA ERA SEGUNDO" shall mean the overall SEA
ERA SEGUNDO subdivision on file with Brevard County.
ARTICLE III - MEETING OF MEMBERS
SECTION 1. Annual Meetings. The first annual meeting of
the members shall be held within one (1) year from the date
turnover is completed to the Association, as provided for in the
Articles of Incorporation, and each subsequent regular annual
meeting of the members shall be held on the same day of the same
month of each year thereafter, at the hour of 1:00 p.m. If the
day for the annual meeting of the members is a legal holiday, the
meeting will be held at the same hour on the first day following
which is not a legal holiday.
SECTION 2 Special Meetings. Special meetings of the
members may be called at any time by the president or by the
Board of Directors or upon written request of the members who are
entitled to vote one-fourth (1/4) of all of the vote.
SECTION 3. Notice of Meetings. Written notice of each
meeting of the members shall be given by, or at the direction of,
the secretary or person authorized to call the meeting, by
mailing a copy of such notice, postage prepaid, at least fifteen
(15) days before such meeting to each member entitled to vote
thereat, addressed to the member's address last appearing on the
books of the Association, or supplied by such member to the
Association for the purposes of notice. Such notices shall
specify the place, day and hour of the meeting, and in the case
of a special meeting; the purpose of the meeting.
SECTION 4. Quorum. The presence at the meeting of
members entitled to cast, or of proxies entitled to cast,
one-third (1/3) of the votes of the membership shall constitute a
quorum for any action except as otherwise provided in the
Articles of Incorporation, the Declaration, or these By -Laws.
If, however, such quorum shall not be present or represented at
any meeting, the members entitled to vote thereat shall have
power to adjourn the meeting, until a quorum as aforesaid shall
be present or represented.
SECTION 5. Proxies. At all meeting of members, each
member may vote in person or by proxy. All proxies shall be in
writing and filed with the secretary. Every proxy shall be
revocable and shall automatically cease upon conveyance by the
member of his dwelling.
ARTICLE IV - BOARD OF DIRECTORS:
SELECTION: TERM OF OFFICE
SECTION 1. Number. The affairs of this Association shall
be managed by a Board of three (3) directors, who need not be
members of the Association.
SECTION 2. Term of Office. At the first annual meeting,
the members shall elect three (3) directors for a term of one (1)
year, and at each annual meeting thereafter the members shall
elect three directors for a term of one (1) year.
SECTION 3. Removal. Subsequent to the Developer's
turnover, any director may be removed from the Board, with or
without cause, by a majority vote of the members of the
Association. In the event of death, resignation or removal of a
director, his successor shall be selected by the remaining
members of the Board and shall serve for the unexpired term of
his predecessor.
SECTION 4. 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 5 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 of the directors or by obtaining verbal
approval by telephone. Any action so approved shall have the
same effect as though taken at a meeting of the directors.
ARTICLE V - NOMINATION AND ELECTION OF DIRECTORS
SECTION 1. Nomination. Nomination for election to the
Board of Directors shall be made by a nominating committee.
3
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 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. 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.
Such nominations may be made from among members or non-members.
SECTION 2. Election. Election to the Board of Directors
shall be by secret written ballot. At such election, the members
or their proxies may 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.
ARTICLE VI - MEETING OF DIRECTORS
SECTION 1. Regular Meetings. Regular meetings of the
Board of Directors shall be held monthly 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 2 Special Meetings. Special meetings of the
Board of Directors shall be held when called by the president of
the Association, or by any two directors, after not less than
three (3) days' notice to each director.
SECTION 3. Ouorum. A majority of the number of directors
shall constitute a quorum for the transaction of business. Every
act or decision done or made by a majority of the directors
present at a duly held meeting at which a quorum is present shall
be regarded as the act of the Board.
ARTICLE VII - POWERS AND DUTIES OF THE BOARD OF DIRECTORS
SECTION 1. Powers. The Board of Directors shall have
power to:
A. adopt and publish rules and regulations
governing the use of the Common Area and facilities, and the
personal conduct of the members and their guests thereon,
and to establish penalties for the infraction thereof;
B. 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
By-laws, the Articles of Incorporation, or the Declaration;
C. declare the office of a 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. employ a manager, an independent contractor, or
such other employees as they deem necessary, and to
prescribe their duties;
E. mortgage and encumber Common Areas as set forth
in the Declaration and assign such assessments or portions
thereof to owners;
F. to contract for the management of the
Association and common areas and to delegate to such
contractor all of the powers and duties of the Association,
if so approved by the Board of Directors;
G. to employ personnel to perform the services
required for proper administration of the Association; and
H. the undertakings and contracts authorized by
said first Board of Directors shall be binding upon the
Association in the same manner as though such undertakings
and contracts had been authorized by the first Board of
Directors duly elected by the membership.
SECTION 2. Duties. It shall be the duty of the Board of
Directors to:
A. 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 (1/4) of all the members who are
entitled to vote;
B. supervise all officers, agents and employees of
this Association, and to see that their duties are properly
performed;
C. as more fully provided in the Declaration to:
5
(1) fix the amount of the annual assessment
against each unit or projected unit at least fifteen
(15) days in advance of each annual assessment period;
(2) send written notice of each assessment to
every owner subject thereto at least fifteen (15) days
in advance of each annual assessment period; and
(3) 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 personally obligated to pay the same.
D. 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. procure and maintain adequate liability and
hazard insurance on property owned by the Association;
F. cause all officers or employees having fiscal
responsibilities to be bonded as it may deem appropriate;
cause the Common Area to be maintained;
H. protect all property rights, interests,
easements or rights-of-way, or otherwise, which are acquired
by or conveyed to this Association, now or hereafter; and
I. mortgage or encumber common areas as set forth
in the Declaration, and assign such assessments or portions
thereof to owners.
ARTICLE VIII - OFFICERS AND THEIR DUTIES
SECTION 1. Enumeration of Offices. The officers of this
Association shall be president and vice president, who shall at
all times be members of the Board of Directors, a secretary, and
a treasurer, and such other officers as the Board may from time
to time by resolution create.
SECTION 2. Election of officers. The election of
officers shall take place at the first meeting of the Board of
Directors following each annual meeting of the members.
SECTION 3. Term. The officers of this Association shall
be elected annually by the board and each shall hold office for
one (1) year unless he shall sooner resign, or shall be removed,
or otherwise 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, having
such authority, and perform such duties as the board may, from
time to time, determine.
SECTION 5 Resionation and Removal. Any officer may be
removed from office with or without cause by the board. Any
officer may resign at any time 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, and unless otherwise 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 replaces.
SECTION 7 Multiple Offices. The offices of secretary
and treasurer may be held by the same person. After the sale of
all dwellings, no person shall simultaneously hold more than one
of any of the other offices except in the case of special offices
created pursuant to Section 4 of this article.
SECTION 8. Duties. The duties of the officers are as
follows:
A. PRESIDENT: The President shall preside at all
meetings of the Board of Directors; shall see that orders
and resolutions of the board are carried out; shall sign all
leases, mortgages, deeds and other written instruments and
shall co-sign all checks and promissory notes.
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 m embers; 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, and shall perform
such other duties as required by the board.
D. TREASURER: The Treasurer shall receive and
deposit in appropriate bank accounts all monies 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; keep proper books
of account; and shall prepare an annual budget and a
statement of income and expenditures to be presented to the
membership at its regular annual meeting, and deliver a copy
of each to the members.
ARTICLE IX - COMMITTEES
The Association shall appoint an Architectural Review
Committee as provided in the Declaration, and a nominating
committee, as provided in these By -Laws. In addition, the Board
of Directors shall appoint other committees as deemed appropriate
in carrying out its purpose.
ARTICLE X - BOOKS AND RECORDS
The books, records and papers of the Association shall at
all times, during reasonable business hours, be subject to
inspection by any member. The Declaration, the Articles of
Incorporation and the By -Laws of the Association shall be
available for inspection by any member at the principal office of
the Association, where copies may be purchased at reasonable
cost.
ARTICLE XI - ASSESSMENTS
As more fully provided in the Declaration, each member 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. Any assessments
which are not paid when due shall be delinquent and the
assessment shall bear interest from the date of delinquency at
the rate of eighteen (188) percent per annum, and the Association
may bring an action at law against the owner or owners personally
obligated to pay the same or foreclose the lien against the
property, and interest, costs, and reasonable attorney's fees of
any such action shall be added. The assessment shall be used for
the maintenance and repair of the surface water or stormwater
management systems, including but not limited to, work within
retention areas, drainage structures and drainage easements.
ARTICLE XII - CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words: SEA ERA SEGUNDO HOMEOWNERS
ASSOCIATION, INC., a corporation not for profit.
ARTICLE XIII - AMENDMENTS
SECTION 1. These By -Laws may be amended, at a regular or
special meeting of the members, by a vote of a majority of a
quorum of members present in person or by proxy.
SECTION 2. In the case of any conflict between the
Articles of Incorporation and these By -Laws, the Articles shall
control; and in the case of any conflict between the Declaration
and these By -Laws, the Declaration shall control.
ARTICLE XIV - MISCELLANEOUS
The fiscal year of the Association shall begin on the
first day of January and end on the 31st day of December every
year, except that the first fiscal year shall begin on the date
of incorporation.
ARTICLE XV - FISCAL MANAGEMENT
The provisions for fiscal management of the Association
set forth in the Declaration and Articles of Incorporation shall
be supplemented by the following provisions:
A. The Association shall maintain accounting
records for each property it maintains in the county where
the property is located, according to good accounting
practices. The records shall be open for inspection by
owners or their authorized representatives between the hours
of 9:00 a.m. and 5:00 p.m. The records shall include, but
are not limited to:
(1) A record of all receipts and expenditures.
(2) An account for each dwelling and unit
designating the name and current address of the
dwelling and unit owner, the amount of each assessment,
the date on which the assessments come due, the amount
paid upon the account and the balance due.
B. The Board of Directors shall adopt a budget for
each fiscal year which shall contain estimates of the cost
of performing the functions of the Association, including
but not limited to the common expense budget, whichshall
include, without limiting the generality of the foregoing,
the estimated amounts necessary for maintenance, and
operation of common areas, landscaping, streets and
walkways, office expense, utility services, replacements and
operating reserve, casualty insurance, liability insurance,
administration and salaries. The Board of Directors shall
also establish the proposed assessments against each member
as more fully provided in the Declaration. Delivery of a
copy of any budget to each member shall not affect the
liability of any member for any such assessments, nor shall
delivery of a copy of such budget or amended budget be
considered as a condition precedent to the effectiveness of
said budget as originally adopted.
C. The depository of the Association shall be such
bank or banks as shall be designated from time to time by
the Directors and in which the monies of the Association
shall be deposited. Withdrawal of monies from such accounts
shall be only by check signed by such person or persons as
authorized by the directors.
D. Fidelity bonds may be required by the Directors
from all officers and employees of the Association and from
any contractor handling or responsible for Association
funds. The amount of such bonds shall be determined by the
directors, but shall be at least the amount of the total
annual assessments against members for common expenses. The
premiums on such bonds shall be paid by the Association.
ARTICLE XVI - PARLIAMENTARY RULES
Robert's Rules of Order (latest edition) shall govern the
conduct of the corporate meetings when not in conflict with the
Articles of Incorporation and these By -Laws or with statutes of
the State of Florida.
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IN WITNESS WHEREOF, we, being all of the directors of SEA
ERA SEGUNDO HOMEOWNERS ASSOCIATION, INC., have hereunto set our
hands this _ day of , 1995
JAMES POENISCH
SUZANNE C. REED
STATE OF FLORIDA )
) ss:
COUNTY OF BREVARD )
THE FOREGOING INSTRUMENT was acknowledged before me this _
day of July, 1995 by JAMES POENISCH and SUZANNE C. REED, who are
personally known to me, or who produced
as identification, and who did take an oath.
My commission expires:
t.rnom\....r.\bri.v
Notary Public Signature
Print Notary Public Name
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I, the undersigned, do hereby certify:
THAT I am the duly -elected Secretary of SEA ERA SEGUNDO
HOMEOWNERS ASSOCIATION, INC., a Florida corporation; and
THAT the foregoing By -Laws constitute the original By -Laws
of the said Association, as duly adopted at a meeting of the
Board of Directors thereof, held on the day of
1995.
t—..1L\.... c.\bYl.v
Secretary
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