HomeMy WebLinkAboutcocc_pzb_agenda_packet_20240918
CAPE CANAVERAL PLANNING & ZONINGBOARD/LOCALPLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
September 18, 2024
6:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC PARTICIPATION Member of the public may provide comments to the Planning &
Zoning Board/Local Planning Agency (PZB) regarding matters not on the agenda provided that
the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and
law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB
meeting. Public comments related to public hearing Agenda Items will occur during the public
hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g.,
approval of agenda, minutes, informational items). Members of the public will limit their
comments to three (3) minutes. The PZB will not take any action under the “Public Participation”
section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule
matters commented upon during public participation at a future PZB meeting.
OLD BUSINESS
NEW BUSINESS
1. Approval of Meeting Minutes – June 26, 2024
2. Consideration of recommendation of approval for Cape View Coastal (Parcel
#24-37-23-CG-11-1) Preliminary Plat to City Council and Site Plan to the City
Manager’s Designee
3. Consideration of Ordinance No. ____-2024 to amend the City’s Buildings and
Building Regulations to adopt regulations to allow the construction and
installation of rooftop amenities on multifamily, mixed-use, and commercial
buildings which satisfy the requirements set forth in this Ordinance providing
for the repeal of prior inconsistent Ordinances and Resolutions, incorporation
into the Code, severability, and an effective date.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the PZB with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such
purpose that person may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested
PZB Agenda – September 18, 2024
Page 2 of 2
parties may attend this Public Meeting. The facility is accessible to the physically handicapped.
Persons with disabilities needing assistance to participate in the proceedings should contact the
City Clerk’s office \[(321) 868-1220 x207 or x206\] 48 hours in advance of the meeting.
CAPE CANAVERAL PLANNING & ZONINGBOARD/LOCALPLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
June 26, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: A meeting of the Planning & Zoning Board (PZB) took place on June 26, 2024
at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called
the meeting to order at 6:00 PM. The Board Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT:
Lamar Russell Chairman
Susan Denny Board Member
Nancy Gentilquore Board Member
Steven Stroud Board Member
MEMBERS ABESENT:
John Price Vice Chairman
Dr. Michael Miller Board Member
Daniel Sharpe Board Member
OTHERS PRESENT:
David Dickey Director, Community and Economic Development
Kyle Harris Senior Planner
Anthony Garganese City Attorney
BCSO
Renee Yother Board Secretary
PUBLIC PARTICIPATION: Peg Schaller, 8817 N. Atlantic Ave., reported that she has purchased
the building in which Ellie Mae operates in. She is requesting advice from the Board on how
the two units above the restaurant be utilized as residential units. Chairman Russell advised
her to continue participating at the P meetings when live/work rules are to be discussed as
an agenda item.
Adam Marrara, resident and owner of 212 Adams Ave. and owner of Florida Home Inspection
Bureau, discussed that insurance underwriters’ roof certification forms regarding roof
replacement and/or coating. Having no permit eliminates any ability for property owners to
obtain insurance. In regards to amending Ordinance No. 18-2024, Section 110-196, he assured
the Board that amending the Ordinance will allow him to move forward with expanding his
home to a second story without expanding any non-conforming features and without further
Planning & Zoning Board
Meeting Minutes – June 26, 2024
Page 2 of
encroachment into thesetback. He discussed Cape View Elementary School’s low student
enrollment due to families moving and the loss of the school’s Title One funding.
Patrick Campbell, resident and owner of 307 Surf Drive, discussed his opposition of approving
Ordinance No. 18-2024. He discussed building on empty non-conforming lots, lot splits and the
Brevard County Property Appraiser’s lot split requirements. Discussion ensued with Attorney
Garganese assuring the Board and Mr. Campbell that the proposed Ordinance applies only to
lots of record, which are defined by City Code, and complies with the City’s subdivision
regulations. The Chairman requested wording for a motion with clarification from the City
Attorney. The City Attorney provided language to clarify subparagraphs (b) and (c) in the
proposed Ordinance.
OLD BUSINESS: None
NEW BUSINESS:
1.Approval of Meeting Minutes – May 29, 2024. Motion to approve the minutes as
written made by Board Member Denny and seconded by Board Member
Gentilquore, vote carried unanimously.
2.Senior Planner Harris informed the Board that consideration for Ordinance No. 17-
2024 resulted from the May 21, 2024 City Council meeting. The proposed local
administrative amendment in the City Code, Section 82-149, exceeds the current
requirements of the Florid Building Code. Discussion ensued with Attorney
Garganese explaining that this Ordinance does not modify any of the technical
requirements regarding permissible roof coatings or how they are to be applied. This
is strictly a local administrative amendment. Discussion ensued to include
municipalities abilities to make administrative and technical amendments and their
procedural processes, life extension to roofs with coatings, insurance coverage,
permitting and contracting requirements, impact of costs to property owners and
applicants, installation methods and inspections. Motion for approval of
Ordinance 17-2024 made by Board Member Stroud and seconded by Board
Member Denny, vote carried unanimously.
3.Senior Planner Harris gave a brief background of proposed Ordinance No. 18-2024
and shared a slide presentation. He summarized Section 110-196, and read an
overview of the proposed amendments. Discussion ensued to include non-
conforming lots of record and non-conforming structures, empty lots, developed
parcels with an existing single-family dwelling or duplex, historic districts, historic lots
of record and non-historic lots of record. Chairman Russell motioned to move
forward with the Ordinance as submitted with clarification submitted by the
Planning & Zoning Board
Meeting Minutes – June 26, 2024
Page of
City Attorney, motion seconded by Board Member Stroud, vote carried
unanimously.
REPORTS AND OPEN DISCUSSION: None
ADJOURNMENT: There being no further business, Chairman Russell adjourned at 8:16 p.m.
Approved on this _________________ day of __________________________________________________, 2024.
_______________________________________________________________________
Lamar Russell, Chairman
_______________________________________________________________________
Renee Yother, Board Secretary
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
SEPTEMBER 18, 2024, REGULAR MEETING · ITEM #2
Subject: Consideration of recommendation of approval for Cape View Coastal (Parcel #24-37-23-
CG-11-1)PreliminaryPlatto City Council and Site Planto the City Manager’s Designee
Summary:John Dismore (applicant)requests Preliminary Plat and Site Plan approval for the Cape
View Coastal Subdivision located on Parcel #24-37-23-CG-11-1 (Attachment 1) at 8150 Rosalind
Avenue to divide the parcel into four (4) lots. Chapter 98, Article II, of the City Code spells out the
process by which the City will review and approve a Preliminary Plat (Attachments 2 and 3). In
general, the process consists of three steps: (1) staff conducts a pre-application meeting with the
applicant to determine if the application is adequate under existing codes; (2)
the Planning &
Zoning Board holds a public meeting and makes a recommendation on the Preliminary Plat; and
(3)the City Council holds a public hearing and takes final action on the request. Chapter 110, Article
VI, of the City Code spells out the process by which the City will review and approve a Site Plan
application: (1) representatives of the City’s engineering, building, code enforcement, public works,
and fire entities review and submit comments to the applicant who makes changes as necessary;
(2)the Planning & Zoning Board holds a public meeting and makes a recommendation on the Site
Plan; and (3) the City Manager’s designee, the Community and Economic Development Director,
takes final action on the request. The Planning & Zoning Board shall consider the two applications
concurrently.
Sec. 98-47 of City Code provides findings required for approval of the preliminary plat. Prior to
approving any proposed preliminary plat, the applicant must demonstrate the following.
1)The project creates lots/developments in conformance with City Code and applicable law.
Yes; see Attachment 4 completed by Planning. The City Surveyor confirmed compliance with
the condition that the plans include language under FAC 177.091 regarding utility easement
liabilities. In addition, per the City Engineer, the applicant shall supply a performance bond,
certified check, or letter of credit based on the City Engineer’s cost estimate for the public
improvements prior to Final Plat approval. Last, the City Attorney reviewed the submitted
Property Information Report by Gordon & Thalwitzer, found no liens, and verified that the
ownership is consistent with the dedicatory language on the plat.
2)The project is consistent with the city's comprehensive plan.
The subject property has a zoning classification and Future Land Use Map designation of R-2
(Medium Density Residential).
3)The project provides for proper ingress and egress through a public or approved private street
or perpetual cross access easements.
Both Adams and Rosalind Avenues provide access to the subject property, a corner lot. 1. The
City Engineer requires that the denoted “20’ Public Utilities and Drainage Easement” on the
northern and western property boundaries include “Access” and “Sidewalk” in the easement
description. For this, the applicant shall supply a performance bond, certified check, or letter
of credit based on the City Engineer’s cost estimate for the public improvements prior to Final
Platapproval.
City of Cape Canaveral P&Z Board
Regular Meeting · September 18, 2024
Agenda Item # 2
Page 2 of 4
4)The application is compatible and in harmony with the surrounding neighborhood including
with respect to the size of existing surrounding lots and development trends in the neighborhood
which have been previously approved by the city council.
The parcel consists of 0.28 acres, which, at 15 units an acre, would allow for a theoretical density
of 4.2 units. The application proposes 4 units. The surrounding currently contains only a mix of
single-family, two-family, and multifamily residential structures.
5)The application does not create burdensome congestion on the streets and highways.
Adams and Rosalind Avenues abut the property and operate at an acceptable level-of-service.
6)The application promotes the orderly layout and use of land with adequate light and air access,
not overcrowding the city.
The development will replace 10 nonconforming multifamily units (demolished in 2020) with 4
townhouse units, therefore decreasing housing density.
7)The application does not pose any significant harm to the adequate and economical provision
of water, sewer, and other public services.
Water and wastewater infrastructure exists adjacent to the proposed lots, with capacity, as
confirmed by the City’s Public Works Director.
Sec. 110-222(b) of City Code provides findings required for approval of the Site Plan (Attachments
5 and 6). Prior to approving any proposed Site Plan, the applicant must demonstrate the following.
1)Public Services: The City maintains capacity to service water, sewer, stormwater, police, fire, parks
& recreation, streets, public transportation, marina & waterways, and bike/ped infrastructure or
the project mitigates concerns.
The City’s Public Works Director reviewed the proposal and confirmed that the project will not
have an adverse impact on public services
2)Internal Traffic Safety: The design provides an efficient means of ingress/egress & internal
circulation (for all modes of transportation and loading trucks).
Both Adams and Rosalind Avenues provide access to the subject property, a corner lot, and
the Site Plan includes two driveway and two garage parking spaces for each of the 4 units.
The project provides for a total of 12 onsite parking space while the previous 10-unit
multifamily project provided 11 spaces.
3)External Traffic Safety: The plans do not yield significant traffic impact to surrounding
neighborhood / immediate intersections.
The development will replace 10 nonconforming multifamily units (demolished in 2020) with 4
townhouse units. The decreased density will yield less traffic.
4)Nuisance: The project does not generate significant odor, emission, smoke, noise, glare, or
vibration.
City of Cape Canaveral P&Z Board
Regular Meeting · September 18, 2024
Agenda Item # 2
Page 3 of 4
The adjacent property and the properties across the rights-of-way are also residential in nature,
therefore the proposal will not generate such levels uncharacteristic of the neighborhood.
Environmental: The project does not generate significant air pollution, water pollution, noise
pollution, vegetation, wildlife, or flood.
The parcel is located in Flood Zone X, which indicates an area outside of the 500-year flood
zone. The development will replace 10 nonconforming multifamily units (demolished in 2020)
with 4 townhouse units. The decreased density yields less potential for significant impact.
Resources: The project does not significantly impact historic, scenic, or cultural resources (including
views/vistas).
The project is a redevelopment of a previously developed multifamily structure, therefore,
approval will not impact such resources. In addition, the proposal is for two floors, the same as
the multifamily structure onsite before. The proposed height of the project is 25 feet as required
by the R-2 zoning classification.
Building Operation: The design (including security & lighting) is sufficient for the proposed density
& hours of operation.
Canaveral Fire Rescue requires that the 1-hour firewalls provided under the roof instead are
rated for 2 hours under NFPA 221.6.6.2. The City’s Building Official reviewed the preliminary
plans and found no issues.
Site Design: The lot size, shape, setbacks, buffers, & parking are adequate for the proposed density,
height, & refuse plan.
The City’s Planning Division reviewed the project and found conformance with side
development standards.
Socioeconomic: The project will not adversely impact housing variety, neighborhood quality, or
social conditions.
The proposed townhouses represent a continuation of the development pattern in the general
area, as there exists only single, multifamily, and townhouse uses in the immediate area. The
nearest townhouses sit directly across Adams Aveto the north.
Fiscal: The development will not have an adverse impact on City budget, local economy,
employment, or property values.
The proposal will be an improvement as new construction replaces a vacant site with recurring
code violations.
The platting process is divided into two steps, preliminary and final. Upon City Council approval of
the Preliminary Plat and prior to the issuance of a Certificate of Occupancy, a Final Plat application
shall be submitted and approved under City Code. The Final Plat approval process is similar to the
Preliminary Plat process in that the P&Z Board will make a recommendation to the City Council,
who may approve the Final Plat via resolution.
City of Cape Canaveral P&Z Board
Regular Meeting · September 18, 2024
Agenda Item # 2
Page 4 of 4
Submitted by: Kyle Harris
Attachments:
1.Location Map
2.Plat Application
3.Plat Drawings
4.Preliminary Plat Checklist
5.Site Plan Application
6.Site Plan Drawings
7.Title Report
8.Draft HOA Declaration and Bylaws
Community and Economic Development Staff recommend the Board take the following
action: Recommend approval of the Cape View Coastal Preliminary Plat to the City Council and to
the Community and Economic Development Director with the following conditions of approval.
1.The applicant shall supply a performance bond, certified check, or letter of credit based on
the City Engineer’s cost estimate for the public improvements prior to Final Plat approval.
2.The 20’ utility and drainage easements shall include “access” and “sidewalk” in the easement
description and the following note under FAC 177.091: All platted utility easements shall
provide that such easements shall also be easements for the construction, installation,
maintenance, and operation of cable utility services; provided, however, no such construction,
installation, maintenance, and operation of cable television services shall interfere with the
facilities and services of an electric, telephone, gas, or other public utility. In the event a cable
television company damages the facilities of a public utility, it shall be solely responsible for
the damages.”
3.The 1-hour firewalls provided under the roof shall instead be rated for 2 hours under NFPA
221.6.6.2.
Approved by Director: Brianna Soat Date:September 11, 2024
CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL
PLAT APPLICATION PACKET
Instruction Sheet .................................................................................................................................................. 2-3
Information Sheet ................................................................................................................................................ 4
Application Fee Sheet ....................................................................................................................................... 5
City of Cape Canaveral Preliminary Plat Application – 09/2021 pg. 1
CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL
PLAT APPLICATION PACKET
Instruction Sheet
A pre-application meeting with the Community Development Department is required prior
to completion and submittal of plat applications.
The preliminary and final plats shall be prepared in compliance with the requirements of Chapter
98of the Code.
If applicable, see Brevard County Planning & Development Department for street name and address
approval. This must be done prior to submittal of preliminary plat application.
The following items must be included for there to be a complete and reviewable submittal. If all
items are not included at time of submittal, the application will not be accepted for review.
Preliminary Plat Submittal Checklist:
Completed information sheet.
1. Power of Attorney, if applicant is not the owner.
2. Payment of application fee.
3. Copies of preliminary plat completed according to Sec. 98-41(b) (c). Initially submit only five
(5)copies of the preliminary plat for Staff review. After Staff review and comments have been
addressed, additional copies of the revised preliminary plat will be required before proceeding
to the Planning & Zoning Board.
4. Current Title Opinion.
City of Cape Canaveral Preliminary Plat Application – 09/2021 pg. 2
CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL
PLAT APPLICATION PACKET
Final Plat Submittal Checklist:
1.Completed information sheet.
2. Power of Attorney, if applicant is not the owner.
3. Payment of application fee.
4. Copies of final plat. Initially submit only five (5) copies of the final plat for Staff review.
After Staff review and comments have been addressed, additional copies of the revised
final plat will be required before proceeding to the Planning & Zoning Board.
5. Mylar or printable copy (upon Staff approval).
6. Dedication Statements.
7. Letter of credit, performance bond or certified check.
8. Draft of protective covenants and if a Homeowner’s Association, copies of the articles of
incorporation, declarations and restrictions, and bylaws.
9. Current Title Opinion.
10. Mortgagee Statements.
City of Cape Canaveral Preliminary Plat Application – 09/2021 pg. 3
CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL
PLAT APPLICATION PACKET
Information Sheet
Date of Submittal:
ProjectName:
Project Address (if not available, provide general location):
Legal Description (attach legal):
Zoning and FLU Designations:
Owner(s) Name:
Owners(s) Address:
Phone Number(s):
Email(s):
If applicant is not owner, a completed Power of Attorney form is required.
Applicant Name:
Applicant Address:
Applicant Phone Number(s):
Applicant Email:
Signature (owner or applicant):
City of Cape Canaveral Preliminary Plat Application – 09/2021 pg. 4
CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL
PLAT APPLICATION PACKET
Application Fee Sheet & Payment Receipt
Date:
ProjectName:
Application Submittal Fees
Residential..................................................................................................Total # of Units
1, 2 or 3 units .........................................................................................................................$ ____500.00
4 or more units .......................................................................................................................$ ____600.00
Plus $7.50 per lot, not to exceed $750.00 ……………………………………………………………… $
________________________
Total Residential: ............................................................................................................... = $
Commercial .................................................................................................. $150.00 per acre or portion thereof
acre(s) X $150.00 per acre: = $ _
Total Application Fee ..................................................................................................... = $
Application will include the following items:
Preliminary Plat – Section 98-41 (a) – (g) of the City Code.
Final Plat – Section 98-59 (a) – (c) of the City Code.
The Checklist on Pages 2-3 provides a guide for completing the application.
City of Cape Canaveral Preliminary Plat Application – 09/2021 pg. 5
Layout
Services, Inc.
(50' PUBLIC R/W)
ROSALIND AVENUE
I
4.
5.
CITYOF CAPE CANAVERAL
SITE PLAN APPLICATION PACKET
Application Sheet ....................................................................................................................................... 2
Payment Receipt ..................................................................................................................................................3
Site Plan Checklist ............................................................................................................................................... 4-5
Pg.1
City ofCapeCanaveral Site Plan Application -09/2021
CITYOF CAPE CANAVERAL
SITE PLAN APPLICATION PACKET
Application Sheet
7/11/2023
Date:
8150 ROSALIND AVE., CAPE CANAVERAL
Address of Request:
CAPE VIEW COASTAL
Name of Project (if applicable):
LOTS 1 & 2, AVON BY THE SEA ACCORDING TO THE MAPOF PLAT
Legal Description:
THEREOF AS RECORDED IN PLAT BOOK 3, PG 7, PUBLIC RECORD OF
BREVARD
GALLEE, LLC
Owner(s) Name:
Owner(s) Address:
400 HARBOR DRIVE, CAPE CANAVERAL, FL 32920
Owner(s) Email:
PTLEE@MTTREEZER.COM
321-514-0707
Phone Number:
DROOR & ASSOCIATES, INC.
Name of Architect/Engineer:
321-253-8233
Phone Number:
JOHN DISMORE
Agent/Applicant Name:
321-253-8233
Phone Number:
cocoabeach123@aol.com
Email:
Agent/Applicant Signature:
Pg.2
City ofCapeCanaveral Site Plan Application -09/2021
CITYOF CAPE CANAVERAL
SITE PLAN APPLICATION PACKET
SitePlan PaymentReceipt
7/11/2023
Date:
CAPE VIEW COASTAL
Project Name:
Non-Refundable Application Fee ............................................................................... $825.00
Site Plan Extension: .......................................................................................................................................... $165.00
Site Plan Resubmission: ......................................................................................................... 50% of Original Fee
Applications will address items listed in Section 110-222 (a) (b) of the City Code. The Checklist
on the following page provides a guide for completing the application.
Pg.3
City ofCapeCanaveral Site Plan Application -09/2021
DATE:
7/19/2024
95
1
95K
P
N
192R
T
528
L
F
4
9575
4
10
75
75
400 HARBOR DR.
GALLEE LLCCAPE CANAVERAL, FL 32920
10
LAND SURVEYING & MAPPINGEMAIL: LAUOUT1@ATT.NET
3380 S. PARK AVE.,SUITE 7
TITUSVILLE, FL 32780TEL. (321) 529-4484
••••••
2024
NDND
F.MF.M
2021-11
07-06-2023
FAX: 321-253-8232
PER CITY REVIEW COMMADD CITY REQUESTED NOTES
MELBOURNE, FL 32935
01/16/202407/18/2024
WWW.DROORASSOCIATES.com
580 N. WICKHAM ROAD SUITE 'E'
DRAWN:DESIGNED:CHECKED:APPROVED:DATE:JOB No:
ENGINEERING LICENSE No. 0007218••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••
12
SHEET OFSHEET OFSHEET OF
PHONE: 321-253-8233
ELEF
TC8
NDDD
I
S
R
PE
A
N1
N
ENO
A
TU
,
ATA2
O
ENS
RI.
IM
R
7
T
D
D
B
ORTT
GE
NE
E#
IPC
R
OER
N
N.E
S
U
D
RL
EMGEN
G
T
I
E
IT
AD
U
C
SA
O
SA
A
Y
C
LI
N
H
DDN
Y
O
E
E
GT
LGE
A
I
D
D
LOP
RS
A
N
MS
NN
AIE
N
IF
EZ
AO
EC
HD
I
SH
I
I
Y
T.
E
D
T
T
SR
NBU
RFE
S
I
I
N
&
O
UO
O
F
E
D
9I
RTO
SDI
EH
SR
C
T5A
E
E
L
IE
IPT
CL
2N
T
V
P
A
EA
HOU
7G
O
E
LIOE
E
T
ES3SCNSBCA
2024
NDND
F.MF.M
2021-11
07-06-2023
FAX: 321-253-8232
PER CITY REVIEW COMMADD CITY REQUESTED NOTES
MELBOURNE, FL 32935
01/16/202407/18/2024
WWW.DROORASSOCIATES.com
580 N. WICKHAM ROAD SUITE 'E'
DRAWN:DESIGNED:CHECKED:APPROVED:DATE:JOB No:
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
12 ENGINEERING LICENSE No. 0007218
SHEET OFSHEET OFSHEET OF
PHONE: 321-253-8233
LF
EET8
C
NDDD
I
RS
PE
A1
NN
EO
N
TAU
,
TA
A2
O
E
NS
RI.
IM
R7
T
D
D
B
ORTT
G
E
E
EN#
IPC
R
OER
N
N.E
S
DU
R
L
EE
MGN
G
T
I
E
I
T
AD
U
SAC
O
SA
AY
C
LI
HN
DN
YD
O
EE
GT
G
LEA
I
D
D
LOP
S
RA
N
S
MN
N
A
IE
NIF
EZ
AO
EC
H
DI
SH
I
YI
T.
E
TD
T
SR
NBU
R
FES
I
I
N
&
OO
UO
F
E
D
9I
O
RT
DI
SH
SE
R
T5AC
EE
ILE
IP
T
L
C
2N
T
PV
A
EA
HU
GO
7O
EO
LIEE
TS3SCSCA
ENB
2024
NDND
F.MF.M
2021-11
07-06-2023
FAX: 321-253-8232
PER CITY REVIEW COMMADD CITY REQUESTED NOTES
MELBOURNE, FL 32935
01/16/202407/18/2024
WWW.DROORASSOCIATES.com
580 N. WICKHAM ROAD SUITE 'E'
DRAWN:DESIGNED:CHECKED:APPROVED:DATE:JOB No:
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
12 ENGINEERING LICENSE No. 0007218
SHEET OFSHEET OFSHEET OF
PHONE: 321-253-8233
ELEF
TC8
NDDD
I
RS
P
E
NAN1
O
EN
A
TU
,
ATA2
O
E
NS
RI.
IM
R
7
T
D
D
B
ORTT
GE
E
EN#
IP
C
R
E
OR
N
N.E
S
DU
R
L
EE
MGN
G
T
IE
I
T
AD
U
AC
S
SAO
AY
C
LI
HN
D
YDN
O
EE
GT
G
LEA
I
D
D
O
LSP
RA
N
MSN
N
AIE
N
IF
EZ
AO
EC
HDI
SH
I
YI
T.
E
TD
T
SR
N
BU
RFE
S
I
I
N
&
O
UO
O
F
E
D
9I
O
RT
DI
SH
SE
R
C
T5A
E
E
ILE
IP
T
L
C
2N
T
PV
A
EA
HU
GO
7
O
EO
LIEE
TSSCSCA
E3NB
2024
NDND
F.MF.M
2021-11
07-06-2023
FAX: 321-253-8232
PER CITY REVIEW COMMADD CITY REQUESTED NOTES
MELBOURNE, FL 32935
01/16/202407/18/2024
WWW.DROORASSOCIATES.com
DRAWN:DESIGNED:CHECKED:APPROVED:DATE:JOB No:580 N. WICKHAM ROAD SUITE 'E'
ENGINEERING LICENSE No. 0007218••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
12
SHEET OFSHEET OFSHEET OF
PHONE: 321-253-8233
L
EETF8
NDDDC
I
RS
P
E
A1
NN
EO
N
TA
U
,
TA
A2
O
E
NS
I
R.
M
I
R
7
T
D
D
B
R
OTT
GE
NE#
E
IPC
R
OER
N
N.E
S
U
D
RL
EE
MGN
G
T
I
E
IT
AD
U
C
SA
O
SA
AY
C
LI
HN
DN
YD
O
E
E
GT
LG
EA
I
D
D
LOP
S
RA
N
S
MNN
AIE
NIF
EZ
AO
ECHD
I
S
H
II
Y
T.
E
TD
48 HOURS PRIOR TO DIGGING, CALL 811 FOR LOCATION OF ALLTHE CONTRACTOR SHALL BE RESPONSIBLE FOR PERFORMINGTHE DESIGN DRAWINGS SHALL BE VERIFIED BY THE GENERALAND/OR REPLACING ALL SURVEY
MONUMENTATION WITHIN THE T
NOTE:UNDERGROUND UTILITIESCONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TOROADWAYS, CURBS, SIDEWALKS, DRAINAGE SYSTEMS UTILITIES,ETC. AS A RESULT OF NEW CONSTRUCTION.MATERIAL TAKE OFF
BASED ON THE DESIGN DRAWINGS FOR ALLREQUIRED QUANTANTIES (PAVING, FILL, DRAINAGE, UTILITY,LANDSCAPING & MISCELLANEOUS). QUANTANTIES SHOWN ONCONTRACTOR PRIOR TO BIDDING.CONTRACTOR IS
TO BE RESPONSIBLE FOR PROTECTINGPROJECT LIMITS BY A LICENSED SURVEYOR IN THE STATE OFFLORIDA.SR
N
BU
R
FES
I
I
N
&
OO
U
OF
E
D
9I
O
RT
DI
SH
SE
R
T5C
A
E
E
L
IE
IPT
CL
2N
T
V
P
A
EA
HOU
7G
O
E
LIOEE
TA
ES3SCNSBC
2024
NDND
F.MF.M
2021-11
07-06-2023
FAX: 321-253-8232
PER CITY REVIEW COMMADD CITY REQUESTED NOTES
MELBOURNE, FL 32935
01/16/202407/18/2024
WWW.DROORASSOCIATES.com
580 N. WICKHAM ROAD SUITE 'E'
DRAWN:DESIGNED:CHECKED:APPROVED:DATE:JOB No:
ENGINEERING LICENSE No. 0007218••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
12
SHEET OFSHEET OFSHEET OF
PHONE: 321-253-8233
LF
EET8
NDDDC
I
S
R
PE
A1
NN
ENO
TAU
,
ATA2
O
E
NS
RI.
IM
R7
T
D
D
B
ORTT
G
E
E
EN#
IPC
R
E
OR
N
N.E
S
DU
R
L
EE
MGN
G
T
IE
I
T
AD
U
SAC
SAO
AY
C
LI
HN
D
DN
Y
O
EE
GT
G
LEA
I
D
D
LO
P
RS
A
N
MSN
N
AIE
N
IEF
Z
AO
EC
HDI
SH
I
YI
T.
E
TD
T
SR
N
BU
RFE
S
I
I
N
&
OO
U
O
F
E
D
9I
O
RT
SDI
H
SER
TC
5A
E
E
ILE
IPT
CL
2N
T
PV
48 HOURS PRIOR TO DIGGING, CALL 811 FOR LOCATION OF ALLTHE CONTRACTOR SHALL BE RESPONSIBLE FOR PERFORMINGTHE DESIGN DRAWINGS SHALL BE VERIFIED BY THE GENERALAND/OR REPLACING ALL SURVEY
MONUMENTATION WITHIN THE A
NOTE:UNDERGROUND UTILITIESCONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TOROADWAYS, CURBS, SIDEWALKS, DRAINAGE SYSTEMS UTILITIES,ETC. AS A RESULT OF NEW CONSTRUCTION.MATERIAL TAKE OFF
BASED ON THE DESIGN DRAWINGS FOR ALLREQUIRED QUANTANTIES (PAVING, FILL, DRAINAGE, UTILITY,LANDSCAPING & MISCELLANEOUS). QUANTANTIES SHOWN ONCONTRACTOR PRIOR TO BIDDING.CONTRACTOR IS
TO BE RESPONSIBLE FOR PROTECTINGPROJECT LIMITS BY A LICENSED SURVEYOR IN THE STATE OFFLORIDA.
EA
HOU
G
7O
LEIOE
E
TS3SCSCA
ENB
2024
NDND
F.MF.M
2021-11
07-06-2023
FAX: 321-253-8232
PER CITY REVIEW COMMADD CITY REQUESTED NOTES
MELBOURNE, FL 32935
01/16/202407/18/2024
WWW.DROORASSOCIATES.com
580 N. WICKHAM ROAD SUITE 'E'
DRAWN:DESIGNED:CHECKED:APPROVED:DATE:JOB No:
ENGINEERING LICENSE No. 0007218••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
12
SHEET OF
PHONE: 321-253-8233
LF
EET8
NDDDC
I
S
R
PE
A1
NN
ENO
TAU
,
ATA2
O
E
NS
RI.
IM
R7
T
D
D
B
ORTT
G
E
E
EN#
IPC
R
E
OR
N
N.E
S
DU
R
L
EE
MGN
G
T
IE
I
T
AD
U
SAC
SAO
AY
C
LI
HN
D
DN
Y
O
EE
GT
G
LEA
I
D
D
LO
P
RS
A
N
MSN
N
AIE
N
IEF
Z
AO
EC
HDI
SH
I
YI
T.
E
TD
T
SR
N
BU
RFE
S
I
I
N
&
OO
U
O
F
E
D
9I
O
RT
SDI
H
SER
TC
5A
E
E
ILE
IPT
CL
2N
T
PV
A
EA
HOU
G
7O
LEIOE
E
TS3SCSCA
ENB
2024
NDND
F.MF.M
2021-11
07-06-2023
FAX: 321-253-8232
PER CITY REVIEW COMMADD CITY REQUESTED NOTES
MELBOURNE, FL 32935
01/16/202407/18/2024
WWW.DROORASSOCIATES.com
580 N. WICKHAM ROAD SUITE 'E'
DRAWN:DESIGNED:CHECKED:APPROVED:DATE:JOB No:
ENGINEERING LICENSE No. 0007218••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
12
SHEET OF
PHONE: 321-253-8233
LF
EET8
NDDDC
I
S
R
PE
A1
NN
ENO
TAU
,
ATA2
O
E
NS
RI.
IM
R7
T
D
D
B
ORTT
G
E
E
EN#
IPC
R
E
OR
N
N.E
S
DU
R
L
EE
MGN
G
T
IE
I
T
AD
U
SAC
SAO
AY
C
LI
HN
D
DN
Y
O
EE
GT
G
LEA
I
D
D
LO
P
RS
A
N
MSN
N
AIE
N
IEF
Z
AO
EC
HDI
SH
I
YI
T.
E
TD
T
SR
N
BU
RFE
S
I
I
N
&
OO
U
O
F
E
D
9I
O
RT
SDI
H
SER
TC
5A
E
E
ILE
IPT
CL
2N
T
PV
A
EA
HOU
G
7O
LEIOE
E
TS3SCSCA
ENB
2024
NDND
F.MF.M
2021-11
07-06-2023
FAX: 321-253-8232
PER CITY REVIEW COMMADD CITY REQUESTED NOTES
MELBOURNE, FL 32935
01/16/202407/18/2024
WWW.DROORASSOCIATES.com
580 N. WICKHAM ROAD SUITE 'E'
DRAWN:DESIGNED:CHECKED:APPROVED:DATE:JOB No:
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
12 ENGINEERING LICENSE No. 0007218
SHEET OFSHEET OFSHEET OF
PHONE: 321-253-8233
ELEF
TC8
NDDD
I
S
R
PE
AN1
NO
EN
A
TU
,
ATA2
O
E
NS
RI.
IM
R7
T
D
D
B
RTT
OGE
NE#
E
IP
C
R
E
OR
N
N.E
S
DU
R
L
EE
MGN
G
T
I
IE
T
AD
U
AC
S
SAO
AY
C
LI
HN
D
DN
YO
E
E
GT
LGEA
I
D
D
O
LP
RS
A
N
MSN
N
AIE
N
IF
EZ
AO
EC
HDI
SH
I
I
Y
T.
E
TD
T
SR
NBU
RE
FS
I
I
N
&
O
O
UO
F
E
D
9I
O
RT
DI
SH
SE
R
T5C
A
EE
LE
IIP
T
CL
2N
T
PV
A
EA
HU
GO
7
O
EO
LIEE
TSSSA
E3CNBC
DECLARATION OF
CAPE VIEW COASTAL, A HOMEOWNER ASSOCIATION
Gallee, LLC, ("Developer") hereby declares and establishes this Declaration ("Declaration") as
and for the plan of homeowner association ownership for Cape View Coastal, an Association
("Association"), being the property and improvements hereafter described.
All the restrictions, reservations, covenants, provisions, conditions and easements contained
herein shall constitute covenants running with the land or equitable servitude upon the land, as the case
may be, and shall run perpetually unless terminated as provided herein, shall be binding upon the
Developer, its successors and assigns and all persons, jointly and severally, subsequently owning
property in the Association and shall inure to and bind the respective heirs, personal representatives,
successors and assigns of such persons. In consideration of acceptance of a conveyance, grant, devise,
lease, or mortgage, all such grantees, devisees, lessees, mortgagees, and purchasers at any sale upon
foreclosure, and all parties claiming by, through or under such persons, agree to be bound by and
subject to the provisions hereof.Both the burdens imposed and the benefits shall run with each Lot, as
hereinafter defined, located in the Association.
I - ESTABLISHMENT OF HOMEOWNER ASSOCIATION
Developer is the owner and holder of the fee simple title to that certain property (hereinafter
"Property") situate in the County of Brevard, State of Florida, which is more particularly described as
follows, to-wit:
(SEE LEGAL DESCRIPTION OF PROPERTY, SET FORTH ON SHEET 2 OF
EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART
HEREOF)
Developer does hereby submit the Property, together with all improvements located or to be
located thereon and therein, to homeowner associationownership and hereby declares the same to be a
homeowner association known as identified as "Cape View Coastal, an Association".
II - DEFINITIONS
The terms used in this Declaration and in all exhibits thereto shall have the same meaning as
stated in Chapter 720, Fla. Stat., as amended (hereinafter "Homeowners’ Association Act"), unless
other definitions are specifically set forth:
A) "Articles" shall mean the Articles of Incorporation of Cape View Coastal Homeowner
Association, Inc., a true copy of which is attached hereto as Exhibit "B" and by reference made a part
hereof.
B) "Association" shall mean Cape View Coastal Homeowner Association, Inc.
C) "Board" shall mean of the Board of Directors of the Association.
D) "Bylaws" shall mean the Bylaws of the Association, a true copy of which is attached
hereto as Exhibit "C" and by reference made a part hereof.
E) "Common Expenses" shall mean the expenses of the operation, maintenance, repair, or
replacement of the common elements, as hereinafter defined; costs of carrying out the powers and
duties of the Association; and any other expenses designated as Common Expenses by the
Homeowners’ Association Act, this Declaration, or the Bylaws.
F) "Common Elements" shall mean all of the real property, improvements and facilities of
the Association other than the Lots and shall include easements through Lots for conduits, pipes, ducts,
plumbing, wiring and other facilities for the furnishing of utility and other services to Lots and
Common Elements, and easements of support in every portion of a Lot which contributes to the
support of improvements and shall further include all personal property held and maintained for the
joint use and enjoyment of all of the Owners, as hereinafter defined.
G) "Common Surplus" shall mean all funds of the Association, including, but not limited
to, assessments, rents, profits, and revenues from any source whatsoever, even the amount of the
Common Expenses.
H) "Institutional Lender" shall mean any holder, insurer, or guarantor of a first mortgage
secured by any Lot, other than natural persons.
I) "Limited Common Elements" shall mean that portion of the Common Elements, if any,
the use of which has been reserved to a certain Lot or Lots to the exclusion of all other Lots, as
designated on Sheets ___ of Exhibit "A". Where the context allows, any reference to Common
Elements contained in this Declaration shall be construed to include Limited Common Elements,
unless otherwise stated herein.
J) "Lot" shall mean a private dwelling in the Association and which is subject to exclusive
ownership, as delineated in Article III below.
K) "Owner" shall mean an owner of a Lot in the Association.
L) "Regulations" or "Rules and Regulations" shall mean and comprise those rules and
regulations respecting the use of Lots, Common Elements or Limited Common Elements, which have
been adopted by the Board, from time to time.
Whenever the context so permits, the use of the plural herein shall include the singular, the
singular shall include the plural and the use of any gender shall be deemed to include all genders.
III - SURVEY AND DESCRIPTION OF IMPROVEMENTS; UNIT BOUNDARIES
Exhibit "A", attached hereto and by reference made a part hereof, is a survey of the Property
and floor plans of the improvements constituting the Association, identifying the Common Elements,
Limited Common Elements and Lots, and showing their respective locations and approximate
dimensions. Lots shall be identified by their specific numerical designation in Exhibit "A", and no Lot
shall bear the same designation as any other Lot. The perimetrical boundaries of a Lot shall be the
planes of the undecorated, unfinished, interior surfaces of the walls bounding the Lot, extended to
intersections with each other and with the upper and lower boundaries of said Lot. The upper boundary
of said Lot shall be the horizontal plane of the undecorated, unfinished ceiling. The lower boundary of
said Lot shall be the horizontal plane of the undecorated, unfinished floor. The Developer reserves the
right to make minor physical modifications to units and common elements including modifications
necessary to vent fireplaces should the same be installed.
IV - AVAILABILITY OF ASSOCIATION RECORDS
The Association shall make available to all Owners and to any Institutional Lender current
copies of this Declaration, the Articles, Bylaws and Regulations, if any, and the books, records,
insurance policies and financial statements of the Association. Said documents and records shall be
made available for inspection upon request during normal business hours. Any institutional mortgagee
shall be entitled, upon written request, to a copy of the Associations' financial statement for the
immediately preceding fiscal year.
V - APPURTENANT INTEREST IN COMMON ELEMENTS AND
COMMON SURPLUS; SHARE OF COMMON EXPENSES
A) There shall be appurtenant to each Lot a one-fourth (1/4) interest in the Common
Elements and Common Surplus.
B) The Common Expenses shall be shared in the same proportion (1/4) as each Owner's
interest in the Common Elements and Common Surplus.
VI -RESTRICTION AGAINST FURTHER SUBDIVISION OF UNITS;
SEPARATE CONVEYANCE OF APPURTENANT COMMON ELEMENTS
No Lot may be divided or subdivided into more than one Lot, nor shall any Lot or portion be
added to or incorporated into any other Lot. The undivided interest in the Common Elements declared
to be appurtenant to each Lotshall not be conveyed, devised or encumbered separately from said Lot
and the undivided interest in Common Elements appurtenant to each Lot shall be deemed conveyed,
devised or encumbered with the Loteven though such undivided interest is not expressly mentioned or
described in the instrument conveying, devising or encumbering such Lot.Any conveyance, mortgage
or other instrument which purports to effect the conveyance, devise or encumbrance of, or which
purports to grant any right, interest or lien in, to or upon a Lot, shall be null, void and of no effect
insofar as the same purports to effect any interest in a Lot and its appurtenant undivided interest in
Common Elements, unless the same purports to convey, devise or encumber the entire Lot. Any
instrument conveying, devising or encumbering any Lot, whether by the numerical designation
assigned thereto in Exhibit "A" or by legal description, shall, without limitation or exception, be
deemed and construed to affect the entire Lotand its description in any instrument conveying, devising
or encumbering any Lot and describing the Lot by its numerical designation and identifying this
Declaration shall be deemed to include any and all properly-recorded amendments to this Declaration,
the Articles and Bylaws and it shall not be necessary for such description to refer specifically or
generally to any such amendment or amendments. Nothing contained herein shall be construed as
limiting or preventing ownership of any Lot and its appurtenant undivided interest in the Common
Elements by more than one person or entity as tenants in common, joint tenants or tenants by the
entirety.
VII - PERPETUAL NON-EXCLUSIVE EASEMENT IN COMMON ELEMENTS
The Common Elements shall be and the same are hereby declared to be, subject to a perpetual
non-exclusive easement in favor of all Owners for their use and the use of their tenants, licensees and
invitees for all proper and normal purposes, including ingress and egress, and for the furnishing of
services and facilities for which the same are reasonably intended. Notwithstanding any provision in
this Article, the Board shall have the right to establish regulations concerning the use of Lots, Common
Elements and Limited Common Elements.
VIII - EASEMENT FOR UNINTENTIONAL AND NON-NEGLIGENT ENCROACHMENTS
In the event any Lot shall encroach upon any part of the Common Elements for any reason not
caused by the purposeful or negligent act of any Owner or any agent of an Owner, then an easement
shall exist for the continuance of such encroachment upon the Common Elements by such Lot for so
long as such encroachment shall naturally exist; and, in the event that any portion of the Common
Elements shall encroach upon any Lot, then an easement shall exist for the continuance of such
encroachment of the Common Elements into any Lot for so long as such encroachment shall naturally
exist.
IX - RESTRAINT UPON SEPARATION AND PARTITION OF COMMON ELEMENTS
Recognizing that the proper use of a Lotby any Owner is dependent upon the use and
enjoyment of the Common Elements in common with all Owners and that it is in the interest of all
Owners that the ownership of the Common Elements be retained in common by said Owners, it is
declared that any appurtenant undivided interest in the Common Elements shall remain undivided and
no Owner shall bring or have any right to bring any action for partition or division.
X - EASEMENT FOR AIR SPACE
Each Ownershall have an exclusive easement for the use of the air space occupied by said Lot
as it exists at any particular time and as said Lot may lawfully be altered or reconstructed from time to
time, which easement shall be terminated automatically in any air space which is vacated by the Lot
from time to time.
XI-ADMINISTRATION OF THE HOMEOWNER ASSOCIATIONBY
THE ASSOCIATION; VOTING AND MEMBERSHIP
The Association has been organized to provide efficiently and effectively for the maintenance,
management,and operation of the Association. The Association shall administer the operation and
management of the Association and undertake and perform all acts and duties incident thereto, in
accordance with the terms of its Articles and Bylaws. Every Owner shall automatically become a
member of the Association upon acquisition of an ownership interest in a Lot; interest in a Lot and the
membership of any Owner shall terminate automatically upon such Owner's divestiture of such fee
ownership interest in such Lot, regardless of the means by which such fee ownership may be divested,
except that nothing herein shall be construed as terminating the membership of any party who may
own two or more Lots, so long as such party shall retain a fee ownership interest in any Lot.No
person, firm or corporation holding any lien, mortgage or other encumbrance upon any Lot shall be
entitled, simply by virtue of such lien, mortgage,or other encumbrance, to membership in the
Association. On all matters upon which the Owners shall be entitled to vote, the voting rights of such
Owners shall be determined and exercised in the manner provided in the Articles and Bylaws.
However, notwithstanding anything to the contrary provided herein or in the Bylaws, during the time
any Lotis owned by the Association, the Association shall not be entitled to cast the vote of said Lot.
When Owners other than the Developer own 15 percent or more of the units in the Association
that will be operated ultimately by the Association, the Owners other than the Developer shall be
entitled to elect no less than one-third of the members of the Board. Owners other than the Developer
are entitled to elect not less than a majority of the members of the Board:
(a) Three years after 50 percent of the Lots that will be operated ultimately by the
Association have been conveyed to purchasers;
(b) Three months after 90 percent of the Lots that will be operated ultimately by the
Association have been conveyed to purchasers;
(c) When all the Lots that will be operated ultimately by the Association have been
completed, some of them have been conveyed to purchasers, and none of the others are being offered
for sale by the Developer in the ordinary course of business;
(d) When some of the Lots have been conveyed to purchasers and none of the others are being
constructed or offered for sale by the Developer in the ordinary course of business; or
(e) Seven years after recordation of the Declaration.
The Developer is entitled to elect at least one member of the Board as long as the Developer
holds for sale in the ordinary course of business at least 5 percent of the units in the Association
operated by the Association. Following the time the Developer relinquishes control of the Association,
the Developer may exercise the right to vote any Developer-owned units in the same manner as any
other unit owner except for the purposes of reacquiring control of the Association or selecting the
majority members of the Board.
The foregoing provisions shall control over any inconsistent provisions in this Declaration or
its exhibits.
XII -HOMEOWNER ASSOCIATION USE RESTRICTIONS
All Owners, in addition to any other obligation, duty, right and limitation imposed upon them
by this Declaration, the Articles or the Bylaws, shall be subject to and agree to abide by the following
restrictive covenants, which shall be applicable to such owners, and to their tenants, invitees and
licensees:
A) No Lotshall be used for any purpose other than as and for a single-family residence.
B) No person shall cause or allow any signs or advertising of any nature to be posted or
affixed to any of the Common Elements or the exterior of any Lot, or in any window or other place
visible from the exterior of a Lot, except as approved by a majority of the Board, which shall regulate
same to achieve consistency and maintain the appearance of the Association.
C)No person shall in any way deface or mar or make any alteration, repair, replacement or
change, in or to the Common Elements or Limited Common Elements, except as permitted in writing
by the Board.
D) Except as otherwise provided herein, all Common Elements shall be kept free for their
intended use by the Owners in common and no Common Elements other than Limited Common
Elements, if any, shall be used exclusively by any individual Owners, either on a temporary or
permanent basis.
E) Parking shall be open to the Owners and their tenants, invitees, and licensees, provided,
however, that no vehicle may park in any place other than designated parking areas at any time, and
only vehicles bearing a valid handicap permit may park in handicap parking.
F) All garbage or trash shall be disposed of in the on-site dumpsters or in any other manner
provided by the Board. Any expense of garbage disposal, in excess of the regular monthly charge,
caused by an individual Owner shall be collectible as an assessment from that Owner.
G) All persons shall desist from the use of electronic equipment or sources of noise or
vibration which may tend to disturb residents of Lots in the Association.
H) No trucks (other than those of a type, if any, expressly permitted in writing by the
Board) or commercial vehicles, or campers, motor homes, horse trailers or trailers of every other
description, recreational vehicles, watercraft, boats, boat or watercraft trailers, or vans (other than
minivans) shall be permitted to be parked or to be stored at any place on the Common Elements. For
purposes of this Section, "commercial vehicles" shall mean those which are not designed and used for
customary, personal/family purposes. The absence of commercial-type lettering or graphics on a
vehicle shall not be dispositive as to whether it is a commercial vehicle, but the presence of
commercial-type lettering or graphics shall cause a presumption that the vehicle is a "commercial
vehicle". The prohibitions on parking and storage contained in this Section shall not apply to brief
temporary parking of trucks and commercial vehicles, such as for construction use or providing pick-
up and delivery and other commercial services; nor to any vehicles of the Developer or its contractors,
subcontractors and agents which are engaged in activity relating to construction, marketing, or
maintenance of units.
All Owners and other occupants of Lots are advised to consult with the Association prior to
purchasing, or bringing onto the Common Elements, any type of vehicle to determine whether it will
be permitted.
Subject to applicable laws and ordinances, any vehicle parked in violation of these or other
restrictions contained herein or in the rules and regulations now or hereafter adopted may be towed by
the Association at the sole expense of the owner of such vehicle if such vehicle remains in violation for
a period of 24 hours from the time a notice of violation is placed on the vehicle. The Association shall
not be liable to the owner of such vehicle for trespass, conversion or otherwise, nor guilty of any
criminal act, by reason of such towing and once the notice is posted, neither its removal, nor failure of
the owner to receive it for any other reason, shall be grounds for relief of any kind. For purposes of this
Article, "vehicle" shall also mean campers, watercraft, RV's, boats, and trailers. An affidavit of the
person posting the aforesaid notice stating that it was properly posted be conclusive evidence of proper
posting.
I) No vehicles shall be stored for extended periods (exceeding 48 hours) on the
Association property.
J) The windows or other exterior glassed areas of any Lot may only be covered with
shutters, louvers, blinds, curtains, drapes, and other objects specifically designated as window
coverings, except that the same may also be used to display signs to the extent permitted by the Board.
K) No more than one (1) domestic pet may be maintained in any Lot. "Domestic pet" shall
mean only a domesticated breed of dog having or a domesticated breed of cat having a weight not
exceeding thirty (30) pounds. Any such domestic pet must be registered with the Board at the time it is
brought onto the property. Fish in aquariums may also be kept but except as provided herein no other
or further animals or pets, whether caged or not, may be maintained in the Association. Pet refuse shall
not be left on the Common Elements and shall be removed by the owner of the pet.
L) No unit may be leased for any period less than thirty (30) days. All owners shall be
responsible for any violations of this Declaration by their tenants.
M)No Owner shall make or permit any opening to be made in any exterior wall (except as
such opening is initially installed).
N) Nothing shall be done or maintained in or about any Lot which may be or become an
annoyance or nuisance to the neighborhood. Any activity in or about a Lot which interferes with
television, cable or radio reception inanother Lotshall be deemed a nuisance and a prohibited activity.
In the event of a dispute or question as to what may be or become a nuisance, such dispute or question
shall be submitted to the Board, which shall render a decision in writing, which decision shall be
dispositive of such dispute or question.
O) Except as may be approved or used by the Developer during construction and/or sales
periods, no structure of a temporary character shall be permitted on the common elements at any time
or used at any time as a residence, either temporarily or permanently.
P) No gas tank, gas container or gas cylinder shall be permitted to be placed on or about
the outside of any Lot or on or about any ancillary building, except for one (1) gas cylinder (not to
exceed 20 lbs. capacity) connected to a barbecue grill, provided that said barbecue grill is not placed
on a public walkway.
Q) No obstruction to visibility at street intersections or Common Area intersections shall be
permitted; provided that the Association shall not be liable in any manner to any person or entity,
including, Owners for any damages, injuries or deaths arising from any violation of this Section.
R) No object or decoration or alteration or structure or improvement of any nature
(including, but not limited to, pools, screen enclosures, patios \[or patio extensions\], hedges, walls,
buildings, fences, landscaping \[other than as placed by the Developer\], exterior paint or finish,
statuary, play objects or structures, awnings, shutters, hurricane protection, sheds, basketball hoops,
mobile or fixed basketball stands or backboards, decorative plaques or accessories, birdhouses, other
pet houses, swales, asphalting, sidewalk/driveway surfaces or treatments, or other improvements or
changes of any kind visible from the exterior of the Lot, whether or not permanently affixed to the land
or to other improvements) shall be erected, placed or altered on the exterior of any Lot until a plan
showing the location of the alteration or object or structure or improvement shall be approved by the
Board, and all necessary governmental permits are obtained. All plans and specifications of any
proposed alteration or object or decoration, structure, or improvement, including detail of materials and
colors, shall be submitted with an application for approval. The proposed object or decoration or
alteration or structure or improvement of any nature, shall be erected, placed, or altered upon the
premises only in accordance with the plans so approved and applicable governmental permits and
requirements. Refusal of approval by the Board of plans, specifications, or plot plans, or any of them,
may be based on any ground, including but not limited to purely aesthetic grounds, which in the sole
and uncontrolled discretion of the Board is deemed sufficient. Any change in the exterior appearance
of any building, wall, fence or other structure or improvements, and any change in the nature or
appearance of the landscaping, shall be deemed an alteration requiring approval. The Board shall have
the power to promulgate such rules and regulations as it deems necessary to conduct the provisions and
intent of this paragraph. The Board shall act on submissions to it within forty-five (45) days after
receipt of a completed application. An application shall not be deemed "complete" until all
documentation regarding the application requested by the Board has been received. Landscaping shall
be deemed an "alteration" for purposes hereof.
In the event that any unapproved object or alteration or structure or improvement or
landscaping occurs in violation of this Declaration, the Association shall have, inter alia, the right to
remove or otherwise remedy the applicable violation in question. The Association shall also have the
right to seek injunctive relief and damages, including attorney's fees.
The approval of any proposed plan by the Board shall not constitute a warranty or approval as
to same and neither the Association nor any member or representative of the Board shall be liable for
the safety, soundness, workmanship, materials or usefulness for any purpose of any such improvement
or object or structure or alteration nor as to its compliance with governmental or industry codes or
standards. By submitting a request for the approval of any object, alteration, structure, or improvement,
the requesting Owner shall be deemed to have agreed to hold harmless and indemnify the aforesaid
members and representatives, and the Association generally, from and for any loss, claim or damages
connected with the matter for which approval is sought.
The Board may, but shall not be required to, require that any request for its approval be
accompanied by the written consent of the Owners of the Lots immediately adjoining the Lot proposed
to be altered as described in the request.
S) With the exception of Paragraphs XIII(H), (K), and (L), the provisions of this Article XII shall
not be applicable to the Developer or any successor Developer, but shall apply to any Owners other
than the Developer.
T) No clothing, laundry or wash shall be aired or dried on any portion of the homeowner
association property.
U) With regard to satellite dish receiving devices which are less than one meter in
diameter; Multipoint Distribution System ("MDS") receiving devices less than one meter in diameter;
and off-the-air television antennas, the following shall apply only in the event the FCC determines that
the homeowner association Board cannot otherwise restrict same under the foregoing provisions of
Section R:
(a) No owner may maintain on site more than one such receiving device of each
kind (for example, two MDS receiving devices would not be permitted, but an MDS device and a less
than one meter satellite dish shall be permitted).
(b) An owner intending to have such a receiving device installed shall provide
notice to the Association in advance of installation, and the notice shall designate the type of antenna
to be installed, the name, address and telephone number of the installer, the proposed site of the
installation, and whether the proposed location is the sole location allowing the owner to receive an
"acceptable quality signal" as defined under FCC regulations.
(c) Subject always to the requirement that the owner be provided an "acceptable
quality signal", the Association may designate to the installer a site on the common elements which, in
the Association's determination, reduces the aesthetic impact of the antenna installation. Subject
always to the owner's right to receive an "acceptable quality signal", the following order of choice as to
location shall apply: 1) Interior installation (i.e. attic); 2) Back or rear (rearward of the Lot) and away
from any side street; 3) side yard, rearward of the front plane of the Lot, and on a side not exposed to a
side street; 4) side of a Lot exposed to a side street; 5) front (forward of the front plane of the Lot).
(d) For each given installation, the Board may direct the owner to camouflage or
modify the installation, provided however that there is no interference with the "acceptable quality
signal", and provided further that the camouflage or modification does not impose an "unreasonable
expense" on the owner in light of the total value of the installation.
(e) To the extent possible, for devices described in the first sentence of this Section,
within seven (7) working days after the Board's receipt of the notice from an owner as described in
subsection (b) above, the Board shall respond to the owner or the owner's installer, so as to determine
the locational, construction and aesthetic issues set forth above.The Board shall expedite this process
where devices described in the first sentence of this Section are concerned, the intention being that any
delay in installation be minimized.
(f) The Board may prohibit any mast(s) rising more than 12 feet above the top of
the roofline of the residence, in each case where the Board demonstrates a documented safety concern.
A documented safety concern shall appear in any case where the Board receives an opinion by a
professional engineer licensed in Florida, that the installation or improvement would post an
unreasonable risk of property damage or personal injury arising from any inadequacy in the design,
location, materials, construction, or guying of the device or improvement.
With regard to any transmitting or receiving device other than those specifically described in
the first sentence of this Section, the following provisions shall apply:
(a) The device must be camouflaged as an umbrella; the height of the installation
shall not be greater than six feet above ground level; the diameter of the device shall not exceed eight
feet in its greatest dimension; and the device shall be obscured by an approved fence on all exposed
sides.
(b) No such radio, television, or other transmission receiving or sending device,
dish, or antennae not fitting the description set forth in the first sentence of this Section may be
installed or maintained on any lot or the exterior of any structure located on any lot without approval as
provided in Section S above, and the Board shall have the power to deny any such installation solely
upon safety concerns, aesthetic concerns, or otherwise. Application for approval shall be in writing and
shall set forth: the type of device to be installed; the name, address,and telephone number of the
installer; the site of the proposed installation; and a rough drawing with dimensions depicting the
device to be installed.
V) Nothing in this Declaration shall be deemed to prohibit the installation of energy
devices based on renewable resources (e.g., solar collector panels); provided, however, that same shall
be installed only in accordance with the reasonable standards adopted from time to time by the Board.
Such standards shall be reasonably calculated to maintain the aesthetic integrity of the Common
Elements without making the cost of the aforesaid devices prohibitively expensive.
W) The Board of Directors of the Association shall have the right and power to grant
variances from the provisions of this Article for good cause shown, as determined in the reasonable
discretion of the Board. No variance granted as aforesaid shall alter, waive, or impair the operation or
effect of the provisions of this Article in any instance in which such variance is not granted.
X) The Board shall have the power to enact such further rules and regulations as it deems
necessary from time to time and the same shall be enforceable as if set forth herein.
XIII - RIGHT OF ENTRY INTO UNIT IN EMERGENCIES
In case of any emergency originating in or threatening any Lot, regardless of whether the
Owneris present at the time of such emergency, the Association shall have the right to enter such Lot
for the purpose of remedying or abating the cause of such emergency. To facilitate entry in the event of
any such emergency, and for maintenance as described below, the Owner, if required by the Board,
shall place a functioning door key to the Owner's Lot under the control of the Association.
XIV - RIGHT OF ENTRY FOR MAINTENANCE OF COMMON ELEMENTS
Whenever it is necessary to enter any Lot for the purpose of performing extermination, or for
any maintenance, alteration or repair to any portion of the Common Elements, each Owner shall permit
duly constituted and authorized agents or employees of the Association or independent contractors
engaged by the Board to enter such Lot for such purpose, provided that such entry shall be made only
at reasonable times and with reasonable notice to the affected Owner.
XV - ALTERATION AND MODIFICATION OF UNITS
No Owner shall permit to be made any structural or non-structural modification or alteration of
a Lot without first obtaining the written consent of the Board, which consent may be withheld in the
event that the Board shall determine, in its sole discretion, that such modification or alteration would
adversely affect or in any manner endanger the Association or any part thereof. The Owner shall pay
any costs including engineering certification costs required by the Association regarding review of
such proposal. If the modification or alteration desired by an Owner involves the alteration of any
permanent interior partition, whether structural or not, the Association may permit such removal only
if the proposed alteration or removal is first inspected by a licensed engineer who certifies in writing to
the Association that it would in no manner adversely affect the building integrity and will not interfere
with provision of utility or other services to any other Lot or common Element. No Owner shall cause
or permit any improvements or change to be made on or to the exterior of the Association, including
painting or other decoration, or the installation of electrical wiring, machines or air conditioning Lots
which may protrude through the walls or roof of the Association, or in any manner change the
appearance of any external portion of the building, without first obtaining the written consent of the
Board as described herein, which may be withheld on any grounds including but not limited to solely
aesthetic grounds.
XVI - NOTICE TO INSTITUTIONAL LENDERS
Upon written request to the Association, stating the name and address of the Institutional lender
and the Lot number or address, any Institutional Lender will be entitled to timely written notice of:
A) Any condemnation or casualty loss that affects either a material portion of the
Association or the Lot securing its mortgage.
B) Any 60-day delinquency in the payment of assessments owed by the person or persons
owning any Lot on which the inquiring party holds a mortgage.
C) Any proposed action that requires the consent of a specified percentage of mortgage
holders.
XVII - MAINTENANCE AND REPAIR BY UNIT OWNERS
Every Owner must perform promptly all maintenance and repair work within his Lotwhich, if
omitted, would affect the Common Elements or another Lot, and any Owner failing to do so shall be
responsible for any damages and liability which his failure to maintain or repair may engender. Each
Owner shall bear the responsibility for the maintenance, repair, and replacement, as the case may be, of
all air conditioning and heating equipment, compressors, ducts, chases, and the like which service the
Owner's Lot. Such Owner shall further be responsible and liable for the maintenance, repair, and
replacement of all designated Limited Common Elements (except for drives/parking areas), and of
utility fixtures within the Lot and of any and all walls, ceilings and floors, painting, furnishings,
equipment, and any other property within the Lot. The Owner shall also be responsible for the
maintenance, repair, and replacement of all windows, (including glass and frames), doors and screens
serving the Owner's Lot; however no such repair or replacement shall in any way alter the exterior
appearance of the Association without the prior written consent of the Board, which consent may be
refused on solely aesthetic grounds. Whenever the maintenance, repair and replacement of any items
which the Owner is obligated to maintain, replace or repair at the Owner's expense is occasioned by
any loss or damage which may be covered by any insurance maintained in force by the Association,
the proceeds of the insurance received by the Association shall be used for the purpose of making such
maintenance, repair or replacement to the extent of such coverage; provided, however, that no insurer
of the Association shall have the right of subrogation against any Owner. The Association shall have
the right to recover the cost of any repairs or other unusual expense required for the maintenance of
Common Elements, when occasioned by the act or omission of the Owner or the Owner's tenants,
invitees, or licensees.
XVIII - MAINTENANCE AND REPAIR OF
COMMON ELEMENTSBY THE ASSOCIATION
Except as otherwise provided herein the Association, at its expense, shall be responsible for the
maintenance, repair and replacement of all drives, whether Limited Common Elements or not, and all
of the Common Elements, including those portions thereof which contribute to the support of the
building, and all conduits, ducts, plumbing, wiring and other facilities (other than air conditioning and
heating equipment as provided above) located in the Common Elements for furnishing of utility and
other services to the Lots and said Common Elements; and, should any incidental damage be caused to
any Lotby virtue of any work which may be done or caused to be done by the Association in the
maintenance, repair or replacement of any Common Elements, the Association shall repair such
incidental damage at its expense.
XIX - PERSONAL LIABILITY, UNIT OWNERS' RISK
OF LOSS AND SEPARATE INSURANCE COVERAGE
An Owner may, at his own expense, obtain insurance coverage for loss of or damage to
any part of his Lot, including wall coverings, furnishings, equipment or other property belonging
to such Owner, at his own expense and option, obtain insurance coverage for personal liability
for injury to the person or property of another occurring within such Owner's Lot or upon the
Common Elements. Risk of loss or damage to any furnishings, equipment or other property
(other than any furnishings or property constituting a portion of the Common Elements)
belonging to or carried on the person of an Owner, the Owner's tenants, invitees or licensees, or
which may be stored in any Lot, or in or upon Common Elements, shall be borne by the Owner.
Any furnishings, equipment and other property constituting a portion of the Common Elements
and held for the joint use and benefit of all Owners shall be covered by such insurance as shall be
maintained in force and effect by the Association, as hereinafter provided.
XX - INSURANCE COVERAGE TO BE MAINTAINED BY ASSOCIATION
USE AND DISTRIBUTION OF INSURANCE PROCEEDS
A) The following insurance coverage shall be maintained in full force and effect by
the Association:
1. Casualty insurance covering all of the Lots and Common Elements in an
amount equal to the maximum insurance replacement value thereof, exclusive of excavation and
foundation costs, as determined annually by the insurance carrier; or, if approved by the Board,
said casualty insurance may be carried on not less than an eighty (80%) percent co-insurance
basis. Such coverage shall afford protection against (i) loss or damage by fire or other hazards
covered by the standard extended coverage or "other perils" endorsement, subject to such
deductible provision as the Board may approve from time to time; and (ii) such other risks of a
similar or dissimilar nature as are or shall be customarily covered with respect to buildings
similar to the homeowner association in construction, location and use;
2. Public liability and property damage insurance in such amounts and in
such form as may be desired by the Board to protect the Association, its members, directors,
employees, and agents, including, but not limited to, hired automobile, non-owned automobile,
and off-premises employee coverage;
3. Such other insurance coverage as the Board, in its sole discretion, may
determine from time to time to be in the best interest of the Association and the Owners.
B) Liability Insurance maintained by the Association may contain liability
endorsements to cover liability of all Owners, jointly and severally. In any legal action in which
the Association may be exposed to liability in excess of the insurance coverage protecting it and
the Owners, the Association shall give written notice of the possible excess exposure within a
reasonable time to all Owners who may be exposed to the liability and each such Owner shall
have the right to intervene and defend any such legal action.
C) All insurance coverage authorized to be purchased shall be purchased by the
Association for itself for the benefit of all Owners. The cost of obtaining the insurance coverage
authorized herein is declared to be a Common Expense.
D) All policies of fire and casualty insurance covering the Association shall provide
for the payment of insurance proceeds covering any loss to the Association, and the insurance
proceeds from any fire and casualty loss shall be held for the sue and benefit of the Association
all Owners and their respective mortgagees, as their interest may appear, and such insurance
proceeds shall be applied or distributed in the manner herein provided. The Association is hereby
declared to be and is hereby appointed as authorized agent for all Owners for the purpose of
filing such proofs of loss as may be required under any policy or policies of fire and casualty
insurance obtained by the Association and negotiating settlements as to the value and extent of
any loss which may be covered under any such policy of fire and casualty insurance and is
granted full right and authority to execute in favor of any insurer a release of liability arising out
of any occurrence covered by any such policy or policies of fire and casualty insurance and
resulting in loss of or damage to insured property. Any proof of loss and any release of liability
executed by the Association shall be binding upon all Owners and their respective mortgages and
other parties who may claim any lien or encumbrance upon their Lots.
E) The Board shall have the right to select the insurance company or companies with
whom insurance coverage required or purchased pursuant to this Article will be placed.
F) In the event any insurance proceeds are paid to the Association for any fire or
casualty loss, the holder or holders of any mortgage or mortgages encumbering a Lot shall not
have the right to determine or participate in the determination or repair or replacement of any
loss or damage and shall not have the right to elect to apply insurance proceeds to the reduction
of any mortgage or mortgages, unless such insurance proceeds represent a distribution to the
Owner or Owners and their respective mortgagee or mortgagees, as herein authorized.
G) In the event of the loss or damage solely to Common Elements, real or personal,
which loss or damage is covered by fire and casualty insurance, the proceeds paid to the
Association to cover such loss or damage shall be applied to the repair, replacement or
reconstruction of such loss or damage. If the insurance proceeds are in excess of the cost of the
repair, replacement, or reconstruction of such Common Elements, then such excess insurance
proceeds shall be paid by the Association to the reserve fund of the Association. If it appears that
the insurance proceeds covering the fire and casualty loss or damage payable to the Association
are not sufficient to pay for the repair, replacement or reconstruction of the loss or damage, then
the Association shall pay from its reserve fund a sum which, together with the insurance
proceeds received or to be received will enable the Association to complete the repair,
replacement or reconstruction of any loss or damage, as the case may be. If the sum in such
reserve fund is not sufficient, then the Association shall levy and collect an assessment against
all Owners in an amount which shall provide the sum sufficient to complete said repair,
replacement, or reconstruction.
H) In the event of loss or damage both to Common Elements and any Lot or Lots,
which loss or damage is covered by fire and casualty insurance in favor of the Association, the
proceeds paid to the Association to cover such loss or damage shall be first applied to the repair,
replacement or reconstruction, as the case may be, of Common Elements, real or personal, and
then any remaining insurance proceeds shall be applied to the repair, replacement or
reconstruction of any Lot or Lots which may have sustained any loss or damage so covered. If
the proceeds of said fire and casualty insurance are sufficient to pay for the repair, replacement
or reconstruction of any loss of or damage to Common Elements, but are not sufficient to repair,
replace or reconstruct any loss of or damage to any Lot or Lots, the Association shall be put in an
amount sufficient to pay completely for the repair, replacement or reconstruction of said Lot.
Where several Lots are so affected, the assessment to be levied and collected from the owner of
each Lot sustaining loss or damage as the cost of repair, replacement, or reconstruction of said
Owner's Lot bears to the cost of repairing all Lots sustaining loss or damage. In the fire and
casualty insurance proceeds payable to the Association in the event of loss of or damage to
Common Elements and Lots is not in an amount which will pay for the complete repair,
replacement or reconstruction of the Common Elements, it being recognized that such insurance
proceeds are to be first applied to payment for repair, replacement or reconstruction of said
Common Elements before being applied to the repair, replacement or reconstruction of a Lot or
Lots, than the cost to repair, replace or reconstruct the said Common Elements in excess of
available fire and casualty insurance proceeds shall be levied and collected in the same manner
as would such assessment be levied and collected had the loss or damage sustain been solely to
Common Elements and the fire and casualty insurance proceeds not been sufficient to cover the
cost of repair, replacement or reconstruction; and the cost of repair, replacement or
reconstruction of each Lot or Lots sustaining loss or damage shall then be levied and collected by
assessment of the Owners sustaining loss or damage in the manner of apportionment above
provided. If the insurance proceeds are in excess of the cost of the repair, replacement or
reconstruction of the Common Elements and the Lots sustaining any loss or damage, then such
excess insurance proceeds shall be paid to the reserve fund of the Association. In the event of
loss of or damage to property covered by fire and casualty insurance, the Association shall,
within sixty (60) days after any such occurrence, obtain reliable and detailed estimates of the cost
of placing such damaged property in a condition as good as that before such loss or damage, such
estimates to contain and include the cost of any professional fees and premium for any bond
which the Board may deem to be in the best interest of the Association.
I) In the event of loss of or damage to personal property belonging to the
Association and which may be a part of the Common Elements and should the Association
determine not to replace all or part of such personal property as may be lost or damaged, then the
insurance proceeds applicable thereto shall be paid by the Association into its reserve fund. Any
contracts for repairs, replacement or reconstruction of loss or damage shall be let by the Board in
the name of the Association and, where applicable, the Board shall authorize payments to be
made thereunder.
XXI - ASSESSMENTS; ALTERATIONS AND IMPROVEMENTS;
LIABILITY, LIEN, AND ENFORCEMENT
A) The Association is given the authority to maintain, operate and manage the
Association, it being recognized that the delegation of such duties to one entity is in the best
interest of all Owners. To maintain, operate and properly manage the Association, the
Association may incur Common Expenses for the mutual benefit of all of the Owners. To
provide the funds necessary for such maintenance, operation, and management, and pursuant to
the Bylaws, the Association, acting through the Board, shall have the duty and the right to make,
levy and collect assessments against the Owners.
B) The Board shall have the right to make or cause improvements to be made to the
Common Elements. The cost of such improvements shall be assessed and collected from all of
the Owners, by special or regular assessment. However, should the required assessment per Lot
for such improvement exceed one-half (½) of the per-Lot regular annual assessment for the year
in which the improvement is to be made, the approval of a majority of the voting interests shall
first be required. "Improvement" as used herein shall not include any repair or replacement work
relating to maintenance or upkeep of the homeowner association.
C) The Board shall have the right to specially assess the unit owners for the cost of
maintenance, repairs, and replacements, and no such special assessment shall be subject to the
prior approval of the unit owners.
D) The Association shall have a lien on a Lot for any unpaid assessment levied
against the Owner pursuant to any provision of this Declaration, together with interest thereon at
fifteen (15%) percent per annum. In the event any assessment is not paid when due, the
delinquent Owner agrees to pay a one-time late charge of $25.00 per assessment, as well as
interest at the rate of 15% per annum, and all reasonable attorney's fees and costs sustained by
the Association incident to the collection of such unpaid assessment or the enforcement of the
Association's assessment rights. The Association's lien shall also secure the payment of such late
charges, attorney fees, and costs. The lien shall be effective, as to any first mortgage, in
accordance with the provisions of Section 720.3085 of the Homeowners’ Association Act, as
amended; but otherwise, the Association's lien shall relate back to this Declaration and shall be
prior and superior to all other interests arising after recordation of this Declaration. Foreclosure
of the Association's lien shall not be construed to forgive or abate the obligation of the
delinquent Owner to pay such unpaid assessments together with late charges, interest, and
attorney's fees, if any, or to pay any assessments thereafter coming due.
XXII - TERMINATION
A) Notwithstanding anything to the contrary contained herein, in the event of fire or
other casualty or disaster which shall totally demolish the Association or which shall so destroy
the Association as to require more than two-thirds (2/3) of the building and improvements, as
determined by the Board, to be reconstructed, then this Declaration and the plan of homeowner
association ownership established herein shall terminate, unless Owners holding at least eighty
(80%) percent of the votes of the membership agree that the homeowner association shall be
reconstructed or unless any policy or policies of casualty insurance which may cover the damage
or destruction of said building require the reconstruction thereof as a condition precedent to the
patent of insurance proceeds under such policy or policies. Notwithstanding anything to the
contrary in this Article, this Declaration and the plan of homeowner association ownership
established herein shall be terminated if there exists any regulations or order of any government
authority having jurisdiction over the Association which may then prevent the reconstruction of
the Association, although nothing herein contained shall be construed as releasing or in any
manner altering any obligation which may be owed to the Association, for itself and for the
benefit of the members thereof, under any insurance policy or policies then existing. Reference
to two-thirds (2/3) of the building and improvements shall be taken to mean two-thirds (2/3) of
the total value, as determined by the Board, of all of the buildings and improvements as of the
day prior to the event or events causing such damage or destruction.
B) If, as above provided, this Declaration and the plan of homeowner association
ownership established herein are to terminate, then a certificate of a resolution of the Board to
that effect and notice of the cancellation and termination hereof shall be executed by the
president of the Association and acknowledged in the same manner as a deed, and such
instrument shall be recorded among the Public Records of Brevard County, Florida. Upon
termination of this Declaration and the plan of homeowner association ownership established
herein, all of the Owners shall be and become tenants in common as to ownership of the Property
and any then remaining improvements thereon and the undivided interest in the Property
remaining improvements held by each Owner shall constitute the same fraction of the whole as
did the undivided interest in the Common Elements which was formerly appurtenant to such
Owner's Lot, and the lien of any mortgage or other encumbrance upon a Lot shall attach, without
any change in order of priority, to the undivided interest in the Property and remaining
improvements of the Owner. Upon the termination of the Declaration and the plan of homeowner
association ownership established herein, the owner or owners of any Lots still in use shall,
within sixty (60) days from date of recording of said certificate of resolution, deliver possession
of their respective Lots to the Association. Further, following termination of this Declaration and
the plan of homeowner association ownership established herein, the Association shall distribute
to the Owners and their mortgagees, as their respective interests may appear, any insurance
indemnity which is paid to the Association under any policy or policies of casualty insurance,
such distribution to be made to each Owner in accordance with their then undivided interest in
the Property and remaining improvements as herein provided. The assets of the Association,
upon termination of this Declaration and the plan of homeowner association ownership
established herein, the Association shall distribute to the Owners and their mortgagees, as their
respective interests may appear, any insurance indemnity which is paid to the Association under
any policy or policies of casualty insurance, such distribution to be made to each Owner in
accordance with their then undivided interest in the Property and remaining improvements as
herein provided. The assets of the Association, upon termination of this Declaration and the plan
of homeowner association ownership established herein, shall then be distributed to each of the
Owners and to their mortgagees, as their respective interests may appear, in the same manner as
is herein provided for the distribution of any final insurance indemnity.
XXIII
AMENDMENT OF DECLARATION OF HOMEOWNER ASSOCIATION
This Declaration may be amended in the following manner:
A) An amendment to this Declaration may be proposed by a majority of the Directors
or by Owners holding at least twenty-five (25%) percent of the votes of the membership, whether
at a duly called meeting or by instrument in writing signed by them. Upon any amendment or
amendments to this Declaration being proposed by the Board or Owners, such proposed
amendment shall be transmitted to the president of the Association, or other officer of the
Association in the absence of the president, who shall thereupon call a special meeting of the
Owners in the manner provided in the Bylaws. At such meeting, the amendment proposed must
be approved by the affirmative vote of not less than three-fourths (3/4) of the vote of the total
voting membership. Upon approval, such amendment shall be transcribed and certified by the
president of the Association as having been duly adopted, and the original or an executed copy of
such amendment, executed and acknowledged in the same manner as a deed, shall be recorded
among the Public Records of Brevard County, Florida, within a reasonable time after date of
approval. The recorded amendment may specifically refer to the recording date identifying this
Declaration. Thereafter, a copy of said amendment in the form in which the same was placed of
record by the officers of the Association shall be delivered to the Owners, but delivery of said
copy shall not be a condition precedent to the effectiveness of such amendment.
B) No alteration in the fractional interest in the Common Elements and Common
Surplus appurtenant to each Lot or alteration of the basis for sharing Common Expenses, or other
apportionment of assessments, which may be levied by the Association in accordance with the
provisions hereof, shall be made without the prior written consent of all Owners and of all
institutional lenders, or as otherwise allowed by law.
C) Notwithstanding any provision to the contrary herein, no alteration, amendment or
modification of those rights and privileges granted and reserved hereunder for the benefit of
Institutional Lenders shall be made without the prior written consent of all Institutional Lenders,
and no alteration, amendment or modification of any rights or privileges granted and reserved
(whether express or implied) hereunder for the benefit of the Developer shall be made without
the prior written consent of the Developer.
XXIV -REGULATIONS; ENFORCEMENT; REMEDIES
A) The Association, acting through the Board, shall have and is hereby granted the
authority and power to enforce the provisions of this Declaration and to adopt, promulgate, and
enforce such rules and regulations governing the use of the Lots, Common Elements, and
Limited Common Elements as the Board may deem to be in the best interests of the Association.
B) The Owners and their tenants, invitees and lessees shall be governed by and shall
comply with the provisions of this Declaration, the Bylaws, and the Regulations as any of the
same are now constituted or as they may be amended from time to time. Failure to comply with
any of the terms of this Declaration, the Bylaws or Regulations shall constitute cumulative
grounds for relief which shall include, but not by way of limitation, action for damages;
injunctive relief; foreclosure of lien; eviction by the Association of a tenant violating any
provisions hereof; imposition of fines, late fees and administrative charges to the maximum
extent permitted by this Declaration, the Homeowners’ Association Act or other law; or any
combination thereof.
C) The Association shall be entitled to recover from an Owner and any other party
violating any provision of the Declaration, Bylaws, Articles or board Rules and Regulations,
costs, and reasonable attorney's fees, whether or not legal proceedings are instituted. "Attorney's
Fees" as used herein shall include attorney's fees incurred in connection with appellate
proceedings and “fees for fees”.
D) The failure of the Association, the Developer, or an Owner to enforce any right,
provision, covenant, or condition, which may be granted by this Declaration, the Bylaws,
Articles or Rules and Regulations, shall not constitute a waiver of enforcement of such right,
provision, covenant, or condition in the future.
E) All rights, remedies and privileges granted to the Association, the Developer, or
the Owners pursuant to any terms, provisions, covenants, or conditions of this Declaration shall
be deemed to be cumulative. The exercise of any one or more right, remedy or privilege shall not
be deemed to constitute an election of remedies and shall not preclude the party thus exercising
the same from exercising such other and additional rights, remedies or privileges as may be
available to the party at law or in equity.
XXV - ASSOCIATION TO MAINTAIN REGISTER
OF OWNERS, LESSEES, AND MORTGAGEES
The Association shall at all times maintain a register setting forth the names and mailing
addresses of all Owners’ mortgagees and lessees. All Owners shall advise the Association of the
name and mailing addresses of any tenant and any holder of a mortgage on the Owner's Lot.
Within ten (10) days after the execution of a lease of a Lot, the Lot owner shall provide a copy of
the lease to the Association.
XXVI -REAL ESTATE TAXES
Real estate taxes are to be separately assessed to each Lot, as provided in the
Homeowners’ Association Act. If for any year such taxes are not separately assessed to each
Owner, then each Owner shall pay his proportionate share thereof based upon the percentage of
his share of the common elements set forth in Paragraph V above.
XXVII - SEVERABILITY
The invalidity in whole or in part of any covenant or restriction or any section,
subsection, sentence, clause, phrase or word or other provision of this Declaration, the Articles,
Bylaws or Regulations shall not affect the validity of the remaining portions.
XXVIII - LIBERAL CONSTRUCTION
The provisions of the Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan of homeowner association ownership. The provisions of this Declaration
shall not be construed against the drafter, nor shall they be construed in favor of an owner as a
limitation on the use of real property.
XXIX -EASEMENT TO DEVELOPER
The Developer reserves an easement upon and across, and a license to use, all of the
Common Elements for the purpose of development, construction (including reconstruction and
alteration) of the Association and for purposes of sales and promotion of sales of Lots owned by
the Developer, notwithstanding anything to the contrary herein. This easement shall not
terminate until such time as Developer (and any successor developer) no longer owns any Lot in
the Association. Once the Developer no longer owns any units, this easement shall inure the
benefit of any "successor developer" as defined by applicable law, without the necessity of a
written assignment of same. The Developer's easement shall be liberally construed, and shall
include, but not be limited to, the right to maintain on-site models and sales offices, place signs
on the Common Elements and Limited Common Elements and in unsold Lots; have sales staff
present at the homeowner association at any time; and show unsold Lots for sale.
XXX - ARCHITECTURAL REVIEW COMMITTEE
There shall exist a ReviewCommittee (hereinafter referred to as "ARC"), which shall
consist of three (3) members appointed by the Developer, all of Brevard County, Florida. The
ARC may designate a representative to act for it, which representative need not be a member of
the ARC or a Lot Owner. The designation of said representative shall he in writing and signed on
behalf of the ARC by a majority of itsmembers. Neithermembers of the ARC noritsdesignated
representative shall he entitled to any compensation for services rendered pursuant to this
Declaration. All members of the ARC or its designated representative shall serve at the pleasure
of' the Developer and may he removed or replaced at will.
It is the plan of the Developer to develop the Association into a community of quality
homes. The ARC shall evaluate the proposed improvements with emphasis on their harmonious
incorporation into the Association as a whole and with special emphasis on external design,
location of the improvement in relation to the surrounding structures and/or improvements,
topography, and conformity to the Declaration.
The ARC shall review all construction plans prior to the commencement of any
construction on any Lot. The ARC shall review any such plans to determine whether they are in
compliance with the Covenants contained herein, as well as any other restriction or covenant
applying to such Lot.
XXX – CONSTRUCTION REVIEW
No dwelling, building, or structure of any kind shall be constructed, erected, or altered on
any Lot or in any part of the subdivision until the builder, contractor, plans, specifications and
locations therefor and thereof shall have been first submitted to and :1pprovcd by the ARC. The
plans, specifications, and location of all contemplated construction shall he in accordance with
the terms hereof and with all applicable Codes and Ordinances of Brevard County, State of
Florida, in effect at the time of such proposed construction or alteration. The approval or
disapproval of plans, specifications and location by the ARC shall be based on reasonable
grounds including purely aesthetic reasons, which shall he at the discretion of the ARC, and as
may be deemed sufficient. With respect to approval or builder or contractor, the ARC reserves
the right, in is sole discretion (based upon reasonable or unreasonable grounds), to approve same.
Detailed and sealed sketches (1/4” – 1” scale), including location sketches, shall he submitted by
the Lot Owner to the ARC for any construction, improvements, additions or alterations which
may be sought be sought to be erected or placed on any Lot at least thirty (30) days prior to the
date that approval thereof is required. The plans submitted shall include all plans necessary for
construction of the improvement.
Plans and specifications as regards to topography, landscaping and finished grade
elevation must also be reviewed and approved by the ARC prior to the commencement of any
excavations work, or prior to the commencement of any activity which will alter the natural
contour of the land.
Prior to the commencement of construction of any Lot, a Tree Survey shall be submitted
to the ARC. The Tree Survey shall show existing trees, those trees to be removed and those trees
being relocated. The ARC shall approve or reject the Tree Survey and/or require any
modification of the plan in the interest of health, safety, welfare, and appearance.
The ARC shall provide Lot Owners with a written instrument acknowledging receipt of
any evidence, instrument, or drawing required by the paragraph, indicating thereon the date and
time such evidence, instrument, or drawing is received by the ARC. The ARC shall notify the
Lot Owner, in writing, within fifteen (15) days of receipt of all required evidence, of the ARC's
approval or disapproval of any project. All approvals by the Committee intended to be relied
upon by a Lot Owner, his agents or servants, and whether relating to the provisions of this
paragraph or ,my other covenant contained in this Declaration, must be in writing and signed or
initialed by a member of the ARC and the ARC's designated representative and by Developer.
In the event any required approvals are not obtained prior to commencement of
improvements, or in the event improvements are made which vary from those approved, it shall
be deemed that no approvals were given and that a violation and/or break of this Declaration has
occurred, and all enforcement provisions contained herein shall be applicable.
The ARC shall not be responsible for any defects in plans or improvements, and the
ARC's review of plans is limited solely to appearance of the improvements and does not include
compliance with applicable building codes.
The ARC may authorize variances from compliance with any of the architectural
provisions or this Declaration, when circumstances such as topography, natural obstructions,
hardship, aesthetic, or environmental considerations require. Such variances must be evidenced
in writing signed by at least two (2) members of the Committee. If such variances are granted, no
violation of the Covenants, conditions, and restrictions contained in this Declaration shall be
deemed to have occurred with respect to the matter for which the variance was granted. The
granting of such a variance shall not, however, operate to waive any of the terms and provisions
of this Declaration for any purpose except as to the particular property and particular provisions
hereof covered by the variance. Nor shall such variance affect in any way the Lot Owner's
obligation to comply with all governmental laws and regulations affecting his use of the Lot,
including, but not limited to, zoning ordinances and setback lines or requirements imposed by
any government or municipal authority.
IN WITNESS WHEREOF, the Developer, has caused these presents to be executed this
_____ day of __________, 2024.
CAPE VIEW COASTAL HOMEOWNER
ASSOCIATION, INC.
By:
John Dismore, President
Witness: Witness:
Print Name: Print Name:
Date: Date:
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared JOHN DISMORE,
known to me to be the individual who executed the foregoing Declaration and who
acknowledged before me that he executed the same on behalf of Cape View Coastal Homeowner
Association, Inc.
Witness my hand and official seal this _____ day of _____________, 2024.
________________________________
Notary Public
State of Florida
My Commission Expires: ___________
BYLAWS
OF
CAPE VIEW COASTAL TOWNHOMES HOMEOWNER’S ASSOCIATION, INC.
(A Corporation Not-for-Profit)
ARTICLE I - GENERAL
Section 1 - Name and Address: The name, address and term of existence of the Association shall be set
forth in the Articles of Incorporation.
Section 2 – Powers: The Association shall have the rights, powers, duties and functions as set forth
in the Articles of Incorporation. The officers of the Association shall be managed and operated by the Board of
Directors.
Section 3 – Members: The members of the Association, their qualifications and voting rights and the
manner of transferring membership shall be as set forth in the Articles of Incorporation.
ARTICLE II - MEETINGS
Section 1 - Meetings: All annual and special meetings of the Association shall be held at such place as
may be permitted by law and from time to time fixed by the Board of Directors and designated in the notices of
meeting.
Section 2 - Annual Meetings: Annual meetings of the members of the Association shall be held
during the first 15 days of February of each year at a date, time and place fixed by the Board of Directors.
Notice of the meeting, which shall include an agenda, shall be mailed to each member not less than fourteen
(14) days prior thereto. In addition to such written notice, the Secretary shall conspicuously post notice of the
annual meeting on the townhome property for at least fourteen (14) continuous days prior thereto. Election
procedure shall be as described in Section 720.303 Fla. Stat.
Section 3 - Special Meetings: Special meetings of the members, for any purpose or purposes, whether or
not specifically required by these Bylaws, the Articles of Incorporation, or the Declaration of Covenants and
Restrictions, may be called by the President, Secretary, or a majority of the Board of Directors.
Section 4 -Special Meeting Business:No business shall be transacted at any special meeting except as
stated in the notice thereof unless by consent of persons present, in person or by proxy, having two-thirds (2/3)
of the votes. Notice shall be given by the Secretary of all special meetings, or if the Secretary shall fail to do so,
by the President or the Board of Directors, not less than fourteen (14) days before the date thereof, stating the
date, time and place of the meeting and the purpose or purposes thereof. Notice deposited in the mail, postage
prepaid, and addressed to the members' last known address according to the Association's records, within the
prescribed time or, in lieu of mailing, delivered by hand to the members or left at their residences in their
absence, shall suffice.
Section 5 - Proof of Notice: The officer of the Association giving notice shall provide an affidavit, to be
included in the official records of the Association, affirming that a notice of each Association meeting was
mailed or hand delivered to each owner at the last address furnished to the Association as required by these
Bylaws.
Section 6 – Quorum: Persons present in person or by proxy entitled to cast at least fifty percent
(50%) of the votes of the Association shall constitute a quorum.
Section 7 - Majority Vote: When a quorum is present at any meeting, the holders of a majority of the
voting interests present in person or represented by written proxy shall decide any question brought before the
1
meeting, unless the question is one upon which by express provision of the Declaration of Covenants and
Restrictions, the Articles of Incorporation, or these Bylaws, a different minimum vote for approval is required,
in which case the express provision shall govern and control.
Section 8 – Proxies: At all meetings, members may vote their Voting Interests in person or by proxy. All
proxies shall comply with the provisions of Section 720.306(8) of the Florida Statutes, as amended from time to
time, be in writing, and be filed with the Secretary at, or prior to, the meeting. Every proxy shall be revocable
prior to the meeting for which it is given.
Section 9 - Voting Certificates: When a unit has more than one owner or is owned by a corporation,
partnership or other artificial entity, the record owners of the unit shall designate in writing one owner, or in the
case of a corporation or other entity an officer of the owner, who shall be authorized to vote and represent the
unit. Any record owner of a unit shall be eligible to serve as an officer or director of the Association whether
designated as the unit representative on the voting certificate or not.
Section 10 - Order of Business: The order of business at all meetings shall be as prescribed in the
agenda prepared by the Board of Directors and submitted to the members with the notice of each meeting.
ARTICLE III - BOARD OF DIRECTORS
Section 1 - Number and Term: The terms of office and provisions regarding removal and filling of
vacancies of the Board of Directors shall be as set forth in the Articles of Incorporation. The Board shall have
three members initially. Thereafter, by vote of a majority of the voting interests, the number of members may be
changed but shall never be fewer than three (3) nor more than seven (7). The directors shall serve without
compensation.
Section 2 - Annual Meeting: The annual meeting of the Board shall be held immediately following the
annual meeting of the members and at the same place. Unit owners may waive notice of any meeting of the
members.
Section 3 - Regular Meetings: Regular meetings of the Board may be held at such time and place
permitted by law and from time to time as may be determined by the Directors, and special meetings may be
called by the President or a majority of the Board. Notice of regular and special meetings of the Board shall be
given to each Director by telegram, hand delivery, or by United States mail sent at least three (3) days prior to
the meeting. Members may waive notice by written consent. The Board may, by resolution duly adopted,
establish regular monthly, quarterly, or semiannual meetings. All meetings of the Board shall be open to the
members of the Association, who shall be given conspicuously posted notice forty-eight (48) continuous hours
thereof except in an emergency, in which case notice shall be as provided. All members may videotape or record
board meetings and members may speak regarding agenda items, subject to reasonable rules regarding
frequency, duration, and manner of statements.
Section 4 – Quorum: At all meetings of the Board, a majority shall be necessary and sufficient to
constitute a quorum for the transaction of business, and the act of a majority present at any meeting shall be the
act of the Board, except as may be otherwise specifically provided by statute or by the Declaration, or Articles
of Incorporation. By waiving notice or otherwise consenting to or acting in writing, the Board may cause such
action to be taken without a formal meeting in cases of emergency; provided, however, that such waiver and
consent shall be by not less than two-thirds (2/3) of all members of the Board.
Section 5 - Order of Business: The order of business of all meetings of the Board shall be as prescribed
in an agenda furnished each member of the Board by the President, Secretary or other officer.
Section 6 - Powers and Duties: The Board shall have and exercise all lawful powers and duties
necessary for the proper conduct and administration of the affairs of the Association and for the exercise of its
2
rights, powers, duties and functions. The Board may do or cause to be done all other lawful acts and things that
are not by law, the Declaration of Condominium, these Bylaws or the Articles of Incorporation or otherwise,
directed or required to be done or exercised solely by the members of the Association.
Section 7 - Limited Power to Convey Common Elements: The Board of Directors, on behalf of the
Association, shall have the limited power to convey a portion or portions of the common elements to a
condemning authority for purposes of providing utility easements, right-of-way expansion, or other public
purposes, whether negotiated or as a result of eminent domain proceedings.
Section 8 – Bonding: All persons who control or disburse funds of the Association shall be bonded in
the sum of not less than $10,000. If the Association's annual gross receipts exceed $100,000, but do not exceed
$300,000, the bond shall be in the principal sum of $30,000 for each person who controls or disburses funds of
the Association. If the Association's annual gross receipts exceed $300,000, the amount of the bond shall be in
the principal sum of $50,000 for each such person. The cost of bonding shall be a common expense.
Section 9 - Recall. Vacancy: Any vacancy created by the resignation or removal of a Board member
appointed by Declarant may be replaced by Declarant. Declarant may replace or remove any Board member
appointed by Declarant in Declarant's sole and absolute discretion. In the event of death or resignation of a
Director elected by the members, the remaining Directors may fill such vacancy. Directors may be removed
with or without cause by the vote or agreement in writing of members holding a majority of the Voting Interests.
Section 10 - Notice – Non-emergency Special Assessments, Amendments: Written notice of any
meeting at which non-emergency special assessments or amendments will be considered shall be given to all
members and conspicuously posted not less than 14 days prior to the meeting.
Section 11 - Budget Meeting: The promulgation of the annual budget shall be controlled by the
provisions of Section 720.303(6), Fla. Stat.
ARTICLE IV - OFFICERS
Section 1 – Officers: The officers of the Association, their terms of office, the manner of election, and
the method of removal and filling vacancies shall be as set forth in the Articles of Incorporation. The officers
shall serve without compensation.
Section 2 – President: The President shall be the Chief Executive Officer of the Association and shall
preside at all meetings of the members and the Board of Directors. The President shall have the general powers
and duties usually vested in the office of President, including, but not limited to, the power to appoint
committees from among the members or Directors from time to time as deemed appropriate to assist in the
conduct of the affairs of the Association. The President shall execute such deeds, contracts, and other
instruments, in the name and on behalf of the Association and under its corporate seal, when a seal is required,
except when such documents are required or permitted by law to be otherwise executed and except when the
signing and execution thereof shall be delegated by the Board of Directors to another officer or agent of the
Association.
Section 3 - Vice-President: The Vice-President or Vice Presidents shall be vested with all of the powers
required to perform all the duties of the President in the President's absence, and such other duties as may be
prescribed by the Board of Directors. In the event there is more than one Vice-President, the Board of Directors
may prescribe the order in which the Vice- Presidents shall assume control in the absence of the President.
Section 4 – Secretary: The Secretary shall keep, or cause to be kept, the minutes of all proceedings of
the Directors and the members. The Secretary shall attend to the giving and serving of all notices to the
members and Directors and other notices required by law. The Secretary shall have custody of the seal of the
Association and affix it to instruments requiring a seal when duly signed. The Secretary shall keep, or cause to
be kept, the records of the Association, except those of the Treasurer, and shall perform all of the duties incident
3
to the office of Secretary of an Association and as may be required by the Directors or the President. The
Assistant Secretary shall perform the duties of the Secretary when the Secretary is absent.
Section 5 – Treasurer: The Treasurer shall have responsibility for all property of the Association,
including funds, securities and evidences of indebtedness. The Treasurer shall keep, or cause to be kept, the
books of the Association in accordance with good accounting practices; and shall perform all other duties
incident to the office of Treasurer.
Section 6 - Other Officers: The Board of Directors may create and appoint such other and additional
officers as they shall, from time to time, deem necessary and appropriate to assist with the affairs of the
Association.
Section 7 - Removal of Officers: Any officer may be removed at any time, with or without cause, upon
a favorable vote of a majority of the full Board of Directors.
ARTICLE V - MANNER OF COLLECTING FROM THE
UNIT OWNERS THEIR SHARES OF THE COMMON EXPENSES
The Association shall collect, not less frequently than quarterly, from the unit owners their respective
shares of the common expense in accordance with procedure prescribed in the Declaration of Covenants and
Restrictions and the applicable provisions of Chapter 720, Florida Statutes.
ARTICLE VI - AUTHORITY OF DIRECTORS
Section 1 - Rules and Regulations: The Board of Directors is authorized to adopt or to amend rules
and regulations and statements of policy, not inconsistent with the Declaration of Covenants and Restrictions
and the Articles of Incorporation of the Corporation, governing the manner of use of the units and
appurtenances, the common elements, and all the facilities owned or controlled by the Association.
Section 2 - Inspection of Records: The Association shall maintain accounting records, current
copies of the Declaration of Covenants and Restrictions, the Articles of Incorporation, Bylaws, rules and
regulations, and other documents, books, records and financial information for the townhomes. All accounting
records shall be maintained in accordance with good accounting practices. All such records and documents shall
be open to inspection by unit owners or their authorized representatives or by the holders, insurers or guarantors
of any first mortgage at all reasonable times.
Section 3 -Audited Financial Statement:The Board of Directors, upon request of the holders of fifty-
one percent (51%) or more of first mortgages shall provide an audited financial statement to said mortgagees.
The expense for said statement shall be borne by the said mortgagees and shall be furnished by the Board of
Directors within a reasonable time following such request.
ARTICLE VII – DISPUTE RESOLUTION
In the event of any "dispute", the parties to such dispute shall submit said dispute to mandatory non-
binding arbitration or mediation in accordance with the procedures established by Section 720.311, Fla. Stat.
ARTICLE VIII - AMENDMENT
Amendments to the Bylaws shall be proposed to the membership of the Association in writing. An
affirmative vote of two-thirds (2/3) of the entire membership shall be necessary to amend the Bylaws.
ARTICLE IX - ANNUAL BUDGET
4
Section 1 - Annual Budget: The annual budget shall be adopted by the Board of Directors at the
organizational meeting of the Board of Directors following the annual members meeting. By resolution adopted
by not less than two-thirds (2/3) of the members of the Board of Directors, the Board of Directors may change
the fiscal year for the Association and may change the date of the meeting at which the Board of Directors shall
adopt the budget.
Section 2 – Reserves: In addition to actual operating expenses, the budget shall include reserve accounts
for capital expenditures and deferred maintenance. These accounts shall include, but not be limited to, roof
replacement, building painting, and pavement resurfacing. The amount to be reserved shall be computed by
means of a formula which is based upon estimated replacement cost of such reserve item. The Association may
establish an alternative policy with regard to reserves, provided that the Association shall have first complied
with the requirements of Chapter 720, Florida Statutes, governing the same.
ARTICLE X - SEVERABILITY
If any paragraph, sentence, clause or portion thereof or any provision of these Bylaws shall be held
invalid, it shall not affect the validity of the remaining parts thereof. In the event of any conflict herein with a
provision of the Declaration, the Declaration shall prevail.
ARTICLE XI - OWNER RECORD REQUESTS
Owner record requests shall be responded to as provided in Section 720.303(5), Fla. Stat.
ARTICLE XII - CERTIFICATE OF COMPLIANCE
A certificate of compliance from a licensed electrical contractor or electrician may be accepted by the
Board as evidence of compliance of the units to applicable fire and life safety codes.
5
The foregoing was adopted as the Bylaws of CAPE VIEW COASTAL HOMEOWNER’S
ASSOCIATION, INC., a corporation not-for-profit under the laws of the State of Florida, at the first meeting of
the Board of Directors.
CAPE VIEW COASTAL TOWNHOMES HOMEOWNER’S
ASSOCIATION, INC.
By: ____________________________
John Dismore, President
6
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING BOARDMEETING
SEPTMEBER 18, 2024 MEETING · ITEM # 3
Subject: Consideration of Ordinance No. ____-2024 to amend the City’s Buildings and Building
Regulations to adopt regulations to allow the construction and installation of rooftop amenities on
multifamily, mixed-use, and commercial buildings which satisfy the requirements set forth in this
Ordinance providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation
into the Code, severability, and an effective date.
Background:At the May 29, 2024 Planning and Zoning Board (PZB) meeting, Staff continued
discussion on the concept of permitting certain exceptions to the maximum height as a means of
accommodating “active” rooftop uses, such as viewing areas for launches and restaurants/bars.
Stakeholders in the community, including developers of two nearby hotel projects, came to voice
support for the Ordinance and lend insight into what type of language should be included.
Active rooftop uses have become increasingly popular in recent years, and multiple (primarily hotel)
a strong desire to make use of their rooftop areas due to Cape
developers have expressed
Canaveral’s unique location that allows for prime views of launches and the surrounding area. Staff
has had additional discussions and is seeking further guidance from PZB in order to proceed with
specific language (i.e., Ordinance) that will be presented at a subsequent meeting.
Recognizing the trend of utilizing rooftops for active uses, the International Building Code (IBC) has
recently been updated to allow for occupied roof spaces. Additionally, in discussions with Canaveral
Fire Rescue (CFR), they have stated they do not have an issue with rooftop uses (assuming all other
relevant requirements are met). However, Sec. 110-471 of the City’s Land Development Regulations
(LDR’s) currently only allows exceptions to height for “spires, belfries, cupolas, antennas, water
tanks, solar panels, ventilators, chimneys, elevator equipment, air conditioning or other necessary
equipment room usually required to be placed above the roof level and not intended for human
occupancy”. Staff has interpreted this in a way that precludes occupied rooftops; even if a
bar/restaurant/viewing area remains unenclosed, ADA requires elevator access and therefore an
enclosed elevator lobby, which is intended for human occupancy.
Due to Cape Canaveral’s limited and compact geographically area, there is a need within the city
for additional outdoor amenity space for residents and visitors alike; given taller buildings tend to
have the structural capacity to safely support additional loads from rooftop amenities and to take
advantage of attractive and desirable views, this Ordinance proposes adding language to the Code
with opportunities to relax,
that permits rooftop amenities that provide residents and visitors
socialize, and engage in recreational activities in an outdoor environment that enhances the overall
quality of life in the City of Cape Canaveral. Such amenities intend to make buildings more attractive
and livable, without causing any negative visual or noise impacts on neighboring properties or
right-of-way.
Summary: The Ordinance adopts Chapter 82, Article VII, Rooftop Amenities, to the City Code
(Attachment 1). In general, the intent and purpose of rooftop amenities is to allow for additional
City of Cape Canaveral P&Z Board
Regular Meeting · September 18, 2024
Agenda Item # 3
Page 2 of 2
outdoor areas for residents, tenants, and guests without expanding building footprint. This is
particularly important in a city like Cape Canaveral, which offers expansive, unobstructed views of
the Banana River, the Atlantic Ocean, and other surrounding landscape and space launches.
Importantly, the intent of the proposed ordinance is not to increase the building’s story height or
to accommodate functions that could otherwise occupy enclosed spaces, such as fitness centers,
spas, enclosed restaurants, and similar uses. Rooftop amenities would only be permitted on
commercial, mixed-mixed use, and multifamily buildings within the parameters listed in the
attached ordinance.
Prepared by: Kyle Harris
Attachment: 1. Ord. __-2024
Community and Economic Development Staff recommend the Board take the following
action: Recommend approval to City Council of Ordinance No. ____-2024 to amend the City’s
Buildings and Building Regulations to adopt regulations to allow the construction and installation
use, and commercial buildings which satisfy the
of rooftop amenities on multifamily, mixed-
requirements set forth in this Ordinance providing for the repeal of prior inconsistent Ordinances
and Resolutions, incorporation into the Code, severability, and an effective date.
Approved by Director: Brianna Soat Date: September 11, 2024
1 ORDINANCE NO. _____-2024
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
4 BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 82 BUILDINGS AND
5 BUILDING REGULATIONS TO ADOPT REGULATIONS TO ALLOW THE
6 CONSTRUCTION AND INSTALLATION OF ROOFTOP AMENITIES ON
7 MULTIFAMILY, MIXED-USE, AND COMMERCIAL BUILDINGS WHICH
8 SATISFY THE REQUIREMENTS SET FORTH IN THIS ORDINANCE;
9 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
10 AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY;
11 AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State
14 Constitution to exercise any power for municipal purposes, except when expressly prohibited by
15 law and
16
17 WHEREAS,
18 that there is a need within the City of Cape Canaveral for additional outdoor amenity space for
19 residents and visitors; and
20
21 WHEREAS, the City Council further finds that one option to increase outdoor amenity
22 space is to allow better use of the roof space of certain buildings so that, rather than strictly
23 serving a utilitarian function, these spaces can be improved and accessed as a place for building
24 occupants to be outside and interact with the community; and
25
26 WHEREAS, rooftops are often underutilized spaces that can provide significant value to
27 maximize the use of available space without needing additional land; and
28
29 WHEREAS, this Ordinance is intended to provide more flexibility for rooftop amenities on
30 multifamily, mixed-use, and commercial buildings of at least 45 feet in height; and
31
32 WHEREAS, taller buildings tend to have the structural capacity to safely support additional
33 loads from rooftop amenities and to take advantage of attractive and desirable views; and
34
35 WHEREAS, the purpose of this Ordinance is to permit rooftop amenities that provide
36 residents and visitors with opportunities to relax, socialize, and engage in recreational activities
37 in an outdoor environment that enhances the overall quality of life in the ity of Cape
38 Canaveral. These amenities are intended to make buildings more attractive and livable, without
39 causing any negative visual or noise impacts on neighboring properties or from ground level;
40 and
41
42 WHEREAS, the City Council deems the adoption of this Ordinance is in the best
43 interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
City of Cape Canaveral
Ordinance No. ___-2024
Page 1 of 4
1 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
2 HEREBY ORDAINS AS FOLLOWS:
3
4 Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are
5 hereby fully incorporated herein by this reference as a material part of this Ordinance.
6
7 Section 2. Adopting Chapter 82, Article VII Roof Top Amenities of the City Code. The City
8 Council of the City of Cape Canaveral hereby adopts Chapter 82, Article VII Roof Top Amenities
9 of the Cape Canaveral Code of Ordinances, (underlined type indicates additions to and
10 strikethrough type indicates deletions from the existing text in Chapter 82, while *** indicate
11 deletions from this Ordinance of said Chapter 82 Buildings and Building Regulations that shall
12 remain unchanged in the City Code):
13
14 Chapter 82 BUILDINGS AND BUILDING REGULATIONS
15
16 ***
17
18 ARTICLE VII. RESERVED ROOFTOP AMENITIES.
19
20 (a) The intent and purpose of rooftop amenities are to utilize underused rooftop space on
21 taller buildings, offering additional outdoor areas for residents, tenants, or guests without
22 Rooftop amenities will provide opportunities to relax,
23 socialize, and enjoy recreational activities in an outdoor environment, enhancing the
24 overall quality of life and making the building more attractive and livable. These areas will
25 be designed to offer less obstructed views of the city, Banana River, Atlantic Ocean,
26 surrounding landscapes, and space launches, with minimal or no visual or sound impact
27 on surrounding properties. Rooftop amenities are not intended to
28 story height or accommodate functions that could otherwise occupy enclosed spaces
29 within the building such as, but not limited to, fitness centers, spas, enclosed restaurants,
30 locker rooms, retail shops, and other similar uses.
31
32 (b) Rooftop amenities shall be permitted on any commercial, mixed-use, and multifamily
33 building, provided the amenities are customarily associated with or incidental and
34 accessory to the primary use(s) of the building. The area on the rooftop shall be
35 considered a rooftop amenity area. Within the rooftop amenity area, the following shall
36 apply:
37
38 (1) The construction and installation of any rooftop amenity shall be subject to applicable
39 building, fire, site plan, and zoning approvals.
40 (2) When the rooftop amenities are constructed and installed on a multi-family building
41 or for residents living in a mixed-use building, the amenities shall serve the use and
42 enjoyment of all residents and shall not provide exclusive use to any specific units.
43 Rooftop amenities constructed and installed on a commercial building or for
City of Cape Canaveral
Ordinance No. ___-2024
Page 2 of 4
1 commercial use in a mixed-use building, the rooftop amenities shall be associated with
2 an establishment doing business within the building.
3(3)All structures shall be architecturally compatible and integrated with and in proportion
4 to the architecture and massing of the overall building design.
5(4)Amenities may be permitted to exceed the maximum height of the building by a
6 maximum of twelve (12) feet. However, elevator/stair equipment may exceed the
7 maximum height of the building by a maximum of fifteen (15) feet.
8(5)The rooftop amenity area including the elevator/stair equipment shall not exceed fifty
9(50)percent of the total square footage of the entire roof area. Elevators and stair
10 equipment may include an enclosed entry/exit vestibule matching the height of the
11 elevator.
12 Rooftop amenities shall not be enclosed and must be suitable for open-air activities
13 such as outdoor dining areas, swimming pools, hot tubs, lounge areas, gardens,
14 terraces, observation decks, courts, cooking facilities, bars, dog runs, or similar passive
15 outdoor activities.
16 Rooftop amenities may include open-air shade structures such as cabanas, gazebos,
17 pergolas, or trellises that are at least fifty (50) percent open to the sky. Sturdy
18 umbrellas may be permitted if anchored in place, ensuring it remains stable and
19 resistant to movement, even in windy conditions. Umbrellas shall be stored when the
roof top amenity area is not under supervision or in use or during storms. Accessory
20
21 structures and equipment such as landscape planters, decking, bar counter, seating,
22 tables, televisions, play equipment, kitchen elements, and other similar structures and
23 equipment are permitted. Lighting fixtures are permitted provided the lights are fully
24 shielded and directed downward so light source is concealed from adjoining lands. In
25 addition, the light source must be directed away from the beach.
26 Signage is prohibited with the exception that small signage related to the rooftop
27 amenities is permitted within the rooftop amenity area provided it is only visible in that
28 area.
29 A protective and structural barrier shall be installed on the rooftop, designed to
30 provide safety and privacy. If not designed into the overall design of the building, a
31 guard or railing enclosing the rooftop amenities shall be installed upon approval of
32 the building official that does not exceed a maximum of four (4) feet and shall be set
33 back from the building edge a minimum of five (5) feet.
34 Music shall not be audible the rooftop.
35 Rooftop amenity areas shall not be visible from the ground with the exception of
36 the protective and structural barrier.
37
38***
39 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
40 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
41 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
42
City of Cape Canaveral
Ordinance No. ___-2024
Page 3 of 4
1 Section 4. Incorporation Into Code.This Ordinance shall be incorporated into the Cape
2 Canaveral City Code and any section or paragraph, number or letter, and any heading may be
3 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
4 like errors may be corrected and additions, alterations, and omissions, not affecting the
5 construction or meaning of this ordinance and the City Code may be freely made.
6
7 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
8 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
9 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
10 holding shall not affect the validity of the remaining portions of this Ordinance.
11
12 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
13 by the City Council of the City of Cape Canaveral, Florida.
14
15 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
16 assembled this ____ day of ______________, 2024.
17
18
19 __________________________________________
20 Wes Morrison, Mayor
21
22 ATTEST: Name FOR AGAINST
23
24 Kim Davis
25______________________________
26 Mia Goforth, CMC, Kay Jackson
27 City Clerk
28 Mickie Kellum
29
30 Wes Morrison
31
32 Don Willis
33 Approved as to legal form and sufficiency
34 For the City of Cape Canaveral only by:
35
36__________________________________
37 Anthony A. Garganese, City Attorney
38
39 First Reading: __________________
40 Advertisement: ___________________
41 Final Reading: _________________
City of Cape Canaveral
Ordinance No. ___-2024
Page 4 of 4