CONDITIONS AND RESTRICTIONS OF BEACON WOODS EAST
3080 Page 1201
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WOODWARD VILLAGE 1B |
RAVENSWOOD VILLAGE 2B |
| WOODWARD VILLAGE 2B | WOODWARD VILLAGE 3 |
| WOODWARD VILLAGE 2A | WOODWARD VILLAGE 1A |
| BERKLEY VILLAGE 1&2 | BERKLEY WOODS |
| SANDPIPER VILLAGE | CLAYTON VILLAGE1&2 |
| RAVENSWOOD VILLAGE 1 | BEACON RIDGE, WOODBINE VILLAGE |
|
BEACON RIDGE, WOODBINE VILLAGE TRACT A |
OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF BEACON WOODS EAST
ARTICLE I
DEFINITIONS
Section-1 "Association" shall mean and refer to Beacon Woods East Homeowners Assn., Inc. a Florida corporation not for profit, its heirs, successors and assigns.
Section-2 "Common Area" shall mean any real property, including the improvements thereto, owned from time to time by the Association for the common use and enjoyment of the owners. The Common Area is owned by the Association and is described in Exhibit C to this Declaration, said exhibit being incorporated herein by reference.
Section-3 "Declarant" shall mean and refer to Beacon Homes of Florida, Inc., a Florida Corporation; and, also means Declarant's successors and assigns, Beacon Woods East Homeowners Assn., Inc.
Section-4 "Declaration" shall mean this instrument as amended from time to time.
Section-5 "Lot" shall mean and refer to the least fractional part of the subdivided lands within any duly recorded plat of any subdivision made subject hereto and which has limited fixed boundaries and an assigned number, letter or other name through which it may be identified and, which is made subject hereto; provided, however, that Lot shall not mean any Common Area as defined or any common element.
SECTION-7 "Parcel" shall mean and refer to all lands
within the properties which are not: (a) A Common Area, or (b) a Lot designed
for the construction of a single family residence and duly recorded as such on a
subdivision plat.
SECTION-8 "Properties" shall mean and refer to that
certain real Property hereinbefore described, and such additions thereto as may
hereinafter be brought within the jurisdiction of the Association; provided,
however, that such additions, if any, shall, be only from the lands described in
Exhibits A and B to this Declaration, said Exhibits being incorporated herein by
reference.
SECTION-9 "Voting Member" shall mean the Owner
authorized to cast the vote for a Lot as set forth in this Declaration.
PROPERTY RIGHTS
SECTION-6
"Owner" shall mean and refer to the record Owner, whether one (1)
or more persons or entities, of a fee simple title to any lot (as hereinbefore
defined) which is part of the Properties (as hereinafter defined), including
contract sellers, but excluding those having such interest merely as security
for the performance of an obligation.
SECTION-1 Owner's easements of enjoyment. Every owner shall have the right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; and
(b) the right of the Association to suspend the voting rights and right to use the Common Area or any recreational facilities by any Owner for a period during which any Assessment against his Lot remains "Delinquent" (as per ARTICLE IV, Section 9); and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; and
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of the members having voting rights has been recorded.
SECTION 2 Delegation of use . Any Owner may
delegate, in accordance with the By-Laws of the Association, his right of
enjoyment to the Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside on his Lot within the Properties.
Tenancy does not abrogate the responsibilities of the Owner(s) regarding
maintenance, upkeep, maintenance fees and the conduct of the tenant and
invitees. Lot Owners are responsible for any and all acts or omissions committed
by their licensees, and invitees relative to the use of the Common Areas. The
Board of Directors of the Association may suspend the use rights of any Owner,
licensee or invitee who violates the provisions of this Declaration, the
Articles, By-Laws or the Rules and Regulations promulgated hereunder from time
to time.
SECTION-3 Rules and Regulations. The Board of
Directors of the Association may, from time to time, adopt, alter, amend, and
rescind reasonable rules and regulations governing the use of the Lots and
Common Area, which rules and regulations shall be consistent with the rights and
duties established by this Declaration.
MEMBERSHIP AND VOTING RIGHTS
A. Membership Every Owner of a
Lot which is within the Properties and has been made subject to this Declaration
shall be a member of the Association. Membership shall be appurtenant to and may
not be separated from ownership of any Lot. When fee simple title to a lot is
held by more than one (1) natural person, all such natural persons shall be
members.
SECTION-2 Voting Rights. Each
Membership of the Association shall have voting rights as follows:
A Voting There shall be one (1)
vote for each Lot owned by one (1) or more members, subject to the following
requirements. As to each Lot Owned by one (1) or more members, there shall be
filed with the Secretary of the Association Office, A "Voting Member Designation
Certificate" which shall name one (1) and only one (1) of the Owners of such Lot
as the "Voting Member" for that Lot. Such certificate shall be signed by all
owners of such Lot and shall, upon filing with the secretary of the Association
Office, be effective until a new certificate is subsequently duly executed by
all Owners and filed with the secretary of the Association Office. Only the
person named in such O.R. 3080Page 1204
COVENANT FOR MAINTENANCE ASSESSMENTS
certificate, shall be allowed to cast the vote for the subject
Lot. A Lot which does not have on record with the secretary of the Association
Office, a valid Voting Member Designation Certificate shall not be entitled to a
vote; nor shall such Lot be counted as existing for the purpose of determining
any percentage or fractions for voting purposes or for total outstanding votes
or quorums under this Declaration or for the Association.
SECTION-1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of the deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association all annual Assessments or charges and all Special Assessments, collectively referred to hereinafter as "Assessments", such Assessments to be established and collected as hereinafter provided in this Declaration. The Assessments, together with interest, costs, Board approved administrative charges, late fees as established from time to time by the Board of Directors and attorney's fees, shall be charged on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with interest, costs, late fees, administrative charges and attorneys fees, shall also be the personal obligation of every person who was the Owner of such Lot at the time when the Assessment fell due.
SECTION-2 Purpose of Assessments. The Assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents in the Properties and homes situated upon the Properties and to improve and maintain the Common Area and improvements thereon.
SECTION-3 Maximum Annual Assessments. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner (hereinafter the "initial year"), the maximum annual Assessment shall be one hundred twenty and No/100 Dollars (120.00), paid quarterly in advance or as the Board of Directors shall otherwise determine.
(a) From and after January 1 of the year following the initial year the maximum annual Assessment my be increased each year not more than ten percent (10%) above the maximum Assessment for the previous year without a vote of the voting members.
O.R.3080 Page 1205
(c) The Board of Directors may fix the annual Assessment at an amount not in excess of the Maximum, as hereinbefore established.
SECTION-4 Special Assessments for Capital Improvements. In addition to the annual Assessments authorized above, the Association may levy, in any Assessment year, Special Assessments applicable to that year only for the purpose of defraying, in whole or in part. the cost of any construction, reconstruction, or repairs or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto; provided, however, that any such Assessment shall have the assent of a majority or a quorum of votes of eligible members as defined in ARTICLE II Section 1 (b) and ARTICLE III Section 2 (a) as having voting rights at a meeting duly called for this purpose.
SECTION-5 Notice and Quorum for any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking action authorized under Section 3b and section 4 of this Article, shall be sent to all voting members not less than thirty (30) days nor more than sixty (60) says in advance of the meeting. At such meeting, the presence of voting members and limited proxy ballots entitled in ARTICLE II Section 1 (b) and ARTICLE III Section 2 (a) as having voting rights shall constitute a quorum.
SECTION-6 Special Assessments, Emergency. The Board of Directors shall be authorized to levy a Special Assessment in cases of "Emergency." "Emergency," is defined herein as the prospect of irreparable harm to the community or its assets. The Board of Directors shall approve Special Assessments as provided hereinbefore, only by a majority vote of the entire Board.
SECTION-7 Uniform Rate of Assessment. Annual and Special Assessments must be fixed at a uniform rate for all Lots and, at the discretion of the Board of Directors, may be collected on a quarterly basis.
SECTION-8 Date of Commencement of Annual Assessments; Due Dates. The annual Assessments provided for herein shall commence as to all Lots the first day of the calendar year. The Board of Directors shall fix the amount of annual Assessment
O.R. 3080 Page 1206
SECTION-9 Effects of non-Payment of Assessments:
Remedies of the Association. Any Assessment not paid within
thirty (30) days after the due date shall be considered "Delinquent" and shall
bear interest from the due date at the highest rate permitted by Florida Law and
Board approved administrative charges and late fees. The Association
may bring an action at law against the Owner personally obligated to pay said
Assessments and/or interest thereon or foreclose the lien against the
Lot. No Owner may waive or otherwise escape liability for the
Assessment provided for herein by non-use of the Common Area or abandonment of
his Lot.
SECTION-10 Subordination of the lien to
Mortgage. The lien of the Assessments provided for herein shall
be subordinate to the lien of any first mortgage. Sale or transfer
of any Lot shall not affect the Assessment lien; provided however the sale or
transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu
thereof, shall extinguish the lien of such Assessments as to payments which
become due prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any Assessment thereafter becoming due or
from the lien thereof.
SECTION-11 Exempt Property. All
portions of the Properties which are dedicated to and accepted by a local public
authority, all portions of the Properties which are owned by the Association,
and all Parcels shall be exempt from the Assessments created herein.
SECTION-12 Sale or Transfer of Lots, Changes In
Ownership Or Occupancy. Upon the sale or transfer of any Lot
within the Properties; it shall be the responsibility of the new Owner to notify
the Association office as to the sale of transfer of the Lot. It
shall be the obligation of the new Owner to determine that the Association
office is in o possession of all necessary facts governing the transfer and the
address at which the Owner may be contacted. When occupancy of the
Lot is changed through tenancy, it shall be the obligation of the Owner of the
Lot to notify the
O.R.3080 Page 1207
Association office of the name(s) of all occupants of the Lot.
The Board of Directors shall have the power to promulgate forms to insure the
enforceability of the terms contained herein.
ARCHITECTURAL CONTROL
EXTERIOR MAINTENANCE
SECTION-2 Owner's Failure to Maintain.
In the event as Owner of any Lot in the Properties shall fail to maintain the
premises and the improvements situated thereon in a manner satisfactory to the
Board of Directors, the Association, after approval by two-thirds (2/3) vote of
the Board of Directors, shall have the right, through its agents and employees,
to enter upon such Lot and repair, maintain, and restore the Lot and the
exterior of the buildings and any other improvements erected
thereon. The cost of such repair, maintenance or restoration shall
O.R. 3080Page 1208
be added to and become part of the Assessment to which such Lot is subject.
USE RESTRICTIONS
(a) Single Family Residence. The
properties shall be used only for single family residence. A "Single-Family" is
defined to mean any number of persons related by blood, marriage, or adoption,
or not more than two (2) unrelated persons living as a single housekeeping unit.
Each of the Lots for which provision is made by this declaration shall be occupied only by
a single family as its residence and for no other purpose. No commercial
or business operation may be conducted on the Lots at any time.
Only one (1) residence may be built on each Lot. No accessory
building shall be placed upon a Lot. "Accessory Buildings," shall
include but are not limited to any and all structures built, moved, placed,
arranged or situated upon any Lot; and which are not a part of the main housing
structure as permitted by the original Pasco County building permit.
(b) Nuisances. No nuisances shall
be allowed upon the Properties, nor any use or practice which is the source of
annoyance to residents or which interferes with the residents. All
parts of the Properties shall be kept in a clean and sanitary condition, and no
rubbish, refuse, or garbage allowed to accumulate, nor any fire hazard allowed
to exist. All cans and containers of any sort used for the
collection and disposal of refuse, garbage, rubbish, or other discarded
matter upon the premises must be placed so as not to be displayed or visible
from the front of any Lot or Parcel, except not earlier than 12 hours before
pick-up on designated days for collection of trash, garbage, and rubbish, as may
be provided by any sanitary service unit, and then only when such service unit
required the container or containers to be placed in front of any dwelling.
(c) Soliciting. No soliciting of
any kind shall be permitted within or upon the Properties, except as noted
herein. "Soliciting" shall include the offer of services, or
product, with or without fee. No flyers or hand-outs shall be
permitted to be displayed or dispensed within the community. Nothing
contained herein shall prohibit legally designated "Charitable" organizations
from soliciting contributions provided that such soliciting agency:
1. requests permission for such solicitation, in
writing at
O.R. 3080 Page 1209
2. agrees to perform the "solicitation" only at
specified times and dates approved; and
3. specifies the name(s) of the person(s) who will
specifically be conducting the active solicitation; and
4. does not interfere with any other activity or event
previously planned and approved by the Administrator as herein provided.
Approval for "Charitable Solicitation" as heretofore provided
shall be in writing and the person(s) authorized to conduct such solicitation
shall carry on his/her person the written approval form and display it to any
member, occupant, employee or administrator requesting same. Legally
designated "Charitable" organizations shall be defined as any organization in
possession of a qualifying certificate from the Internal Revenue Service,
declaring "tax-exempt" status for "charitable purposes."
(d) Lawful Use. No immoral,
improper, offensive or unlawful use shall be made of the Properties, nor any
part thereof. All valid laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction thereof shall be observed. The
responsibility of meeting the requirements of governmental bodies having
jurisdiction thereof shall be observed.
(e) Fences, Hedges, Clothes Poles, Garbage, Signs,
Lawns, Driveways, Exterior Radio and TV Antennas, Parking and Garage Sales.
(1) Except those which have been erected or planted
by Developer, no fences or hedges or similar improvements shall be erected or
planted upon any Lot or upon any Common Area without written approval of the
Association. No fences shall be erected or maintained on any Lot or Lots which
shall be in excess of four (4) feet in height, except hedges of shrubbery, which
shall not exceed a height of five (5) feet. Said fences shall conform to and be
in keeping with the type of structure and architectural design of the house to
which it is appurtenant and in all respects be of pleasing appearance, as
determined from time to time by the Board of Directors. No wall fence or solid
board fences that obstructs the view of other Owners may be added to the Lots. A
fence shall be construed to include any enclosure of any type, except screened
patio and pool enclosures. No fence shall be erected or maintained in any front
yard or in any yard facing a street or avenue, unless O.R. 3080 Page
1210 the rear yard fence is hidden from view by means of hedges. "Obstructs"
(as herein used) shall be defined as restricting more than 50% of the view of
other Owners.
(2) All outdoor clothes drying activities are hereby restricted
to the rear yards and, in the cases of Lots with streets bordering two (2)
sides, to that portion of the rear yard thereof which is more than twenty-five
(25) feet from the edge of each street.
(3) Outdoor permanent clotheslines shall be prohibited. Portable
rotary or reel type clothes dryers will be permitted in rear yards only. On
corner Lots such portable dryers will not be placed within twenty-five (25) feet
of a side street line. Clothes dryers must be stored when not in use. Tree to
tree; house to tree; house to fence; or, tree to fence clothes lines are
prohibited.
(4) All garbage and trash containers, oil, water and gas tanks
must be placed and maintained below ground level or in enclosed areas so
constructed as to render the contents thereof hidden from view from adjoining
Lots. Mobile outdoor grills, their tanks and associated apparatus shall be
maintained only in the rear yard. All parts of the Properties shall be kept in a
clean and sanitary condition, and no rubbish, refuse or garbage allowed to
accumulate, nor any fire hazard allowed to exist.
(5) Except as otherwise provided in this paragraph, no signs of
any nature whatsoever shall be erected or displayed upon any of the Properties
other that by the Association. Every Owner has a right, without the consent of
the Association, to place upon his Lot one (1) but only one (1), professionally
made sign which shall not be larger that (5) square feet, and which shall
contain no wording other than "For Sale" or "For Rent", the name and address of
one (1) registered real estate broker and a phone number of Owner or his agent.
A sign, advertising Garage Sales, conforming in size requirements to this
paragraph, may be displayed on Owner's Lot only on the day of the sale; and,
must conform to requirements and restrictions as herinafter set forth. [see
ARTICLE VII, Section 1 (e) (10)]
(6) All yards and lawns shall be maintained in a neat and
attractive condition by their Owners. No stone lawns, asphalt, cement, mulch or
other artificial materials shall be installed on the Lots in place of natural
sod grass yards, except that small areas of mulch, gravel and vegetable gardens
may be placed around landscaping provided that such areas do not cover more that
20%of the back yard area; and small areas of mulch, and gravel may be placed
around landscaping provided that such areas do not cover O.R. 3080 Page 1211
more than 20% of the front yard area or more than 20% of the side yard areas
(10% each side). If the home is unoccupied or vacant for
extended periods of time such as vacations, it shall be the Owner's
responsibility to insure proper maintenance of the yard and lawn in his
absence. The natural sod grass shall be maintained by the Lot owner in the
following manner:
(b) The sod grass shall be cut by the Owner regularly so as not to exceed
more than 8 inches in height.
(7) Driveways shall not be extended without Architectural Committee approval.
The extension shall, in no event, exceed eight (8) feet in the aggregate and
shall be aesthetically pleasing to the Architectural Committee.
(8) No exterior radio, television or electronic antenna, satellite receiver,
dish, antenna or aerial may be erected or placed on the Lot or building thereon,
except that any attic or "under roof" antenna not visible from any portion of
the exterior of any building may be installed by a Lot Owner and one (1)
television antenna of standard size and configuration may be affixed to the
exterior of the residence constructed on a Lot provided such antenna is not
higher than ten (10) feet above the highest point of such residence. No
other exterior radio, television or electronic antenna or aerial shall be
erected, maintained or operated upon any of the Properties, or buildings or
structures located thereon, except for the recreational facilities of the
Association. All such exterior installations as described herein shall require
the approval of the Architectural Committee.
(9) The parking or storage of vehicles, except upon the paved areas of the
properties, is prohibited without the express prior written permission of the
Association. The overnight parking of vehicles of any kind upon the Properties'
roadways is prohibited. The parking of trucks, boats, trailers, motor
homes, campers, recreational vehicles, commercial vehicles, and inoperable
vehicles of any type on any of the Properties, unless inside a covered garage is
prohibited. Delivery trucks or service vehicles while in the process of
performing services are permitted. A "Commercial Vehicle" is any vehicle
with a business name or message on it or any vehicle that is used commercially
for the transportation of property or people. Transportation of property
O.R. 3080 Page 1212
means to carry materials, or any items used in business, such as tools, lawn
equipment, printing supplies for a printing company, surveying equipment,
etc. Transportation of people means to carry people for hire, such as a
taxi, bus, limousine, or church conveyance. Pick-up trucks are not per-se
prohibited, provided they do not meet the definitions heretofore describing
"Commercial Vehicles." (10) Garage Sales, shall be permitted only once per year, per Owner. All such
Garage Sales shall be subject to approval by the Association, and requests for
same shall be submitted in writing to the Association office, not less than ten
(10) nor more than fifteen (15) days before the scheduled event. The Board of
Directors may set rules and regulations from time to time, governing the conduct
of Garage Sales; and, in no event shall the restrictions be more permissive than
Pasco County Laws or ordinances in effect at that time.
(f) Insurance Rates. No Owner shall permit or suffer anything to be
done or kept on his Lot, or any Common Area, which will increase the rate of
insurance on any other Lot or Common Area, or which will obstruct or interfere
with the right of other occupants of other Lots or the Properties or annoy such
occupants by unreasonable noises or create any unsightly condition.
(g) License. Whenever it is necessary to enter upon any Lot for the
purpose of performing any maintenance, alteration or repair to the exterior of
the Lot or to any portion of Common Area, the Owner of each Lot shall permit
other Owners or their representatives or the duly constituted and authorized
agent of the Association to enter upon such Lot, any structure improvement
situated thereon, or to go upon the Common Areas constituting an appurtenance to
any such Lot for such purpose. Such entry shall be made at reasonable times and
with reasonable advance notice, except in cases of emergency.
(h) Modifications. No Owner shall cause any addition, modifications,
improvements or changes to be made on the exterior of any structure or
improvement on their Lot, including painting, stone work or veneer, brick work
or veneer, stucco or stucco veneer or any facade of any nature or other
decoration, or installation of electrical wiring, machinery, water-softener or
air-conditioning, or other devices which may protrude through walls or the roof
of the structure, or in any manner change the drainage, grade, landscape or
appearance of any portion of the structure not within the walls of said
structure, without first obtaining the written consent of the Association.
Structural additions to residences after initial construction by Developer must
be confined to any area 15 feet from rear line, 7.5 feet from side Lot line, and
20 feet
O.R. 3080 Page 1213
(i) Portable or temporary buildings. No Portable or temporary
building, shed, trailer, trailer base, tent, shack, garage, carport or other
outbuilding may be placed on any portion of the Properties, except that
temporary sanitary facilities may be placed on the Properties and remain there
during the course of active and approved construction and development of the
Properties. Play-houses, dog houses, dog runs, play enclosures and playground
equipment of any kind shall require Architectural Committee or Board approval
and shall meet specifications as periodically adopted by the Board of Directors.
(j) Damages. The Owner of each Lot must promptly correct any condition
upon their Lot which, if left uncorrected, would adversely affect any portion of
the Properties.
(k) Animals. No animals, livestock or poultry of any kind shall be
raised, bred, or kept on any portion of the Properties, except that dogs, cats
and other customary and usual household pets may be kept, provided they are not
kept, bred, or maintained for any commercial purposed, and further provided that
whenever and at all times that any such household pet is outside the interior
portion of the residence of the Owner, such pet shall be leashed and be in full
direct physical control by the Owner or a family member or servant of the Owner.
O.R. 3080 Page 1214
(l) Perimeter Walls and Fences. No Owner shall remove, modify,
replace, repair, paint or stain any perimeter wall or fence of the Properties or
attach anything whatsoever to such wall or fence or permit the growth of any
plant, tree or shrub which shall abut such wall or fence, WITHOUT ARCHITECTURAL
COMMITTEE APPROVAL.
(m) Trees. No Owner shall remove, damage, trim, prune or
otherwise alter any tree on the Properties, the trunk of which tree is four (4)
inches or more in diameter at a point twenty-four (24) inches above the ground
level, except as follows:
(1) With the express written consent of the
association and Pasco County government, as may be required.
(2) If the trimming, pruning, or other alteration of
such tree is necessary because the tree or portion thereof creates imminent
danger to person or property and there is not sufficient time to contact the
Association for approval.
(3) Notwithstanding the foregoing limitation, an
Owner may perform, without consent of the Association, normal and customary
trimming and pruning of any such tree, the base or trunk of which is located on
said Owners Lot, provided such trimming or pruning does not substantially alter
the shape or configuration of any such tree or cause premature deterioration or
shortening of the life span of any such tree.
(4) It is the express intention of this subsection
(m) that trees existing on Properties at the time such Properties are made
subject to this declaration, and those permitted to grow on the Properties after
said time, be preserved and maintained as best as possible in their natural
state and condition. Accordingly, these provisions shall be
construed in a manner most favorable to the preservation of that policy and
intent.
(n) Pools. No above ground swimming pools
or wading pools shall be placed upon or maintained upon any Lot. The
installation of an above-ground spa, hot-tub, or Jacuzzi shall be permitted with
the approval of the Architectural Committee, and subject to restrictions and
guidelines which may be established from time to time, by the Board of
Directors.
(0) Docks, Piers, Etc. No docks, piers or
similar structures shall be constructed on the Properties without the prior
written approval of the Association.
(p) Architectural Committee, Appeal Decision
Of. Except as otherwise specifically prohibited, the Board of
Directors shall act as the final decision making body for all matters of
Architectural
O.R. 3080 Page 1215
The Owner so requesting must appear in person or by representative, before
the Board at the scheduled time, date and location of the Board meeting.
(q) Hearing, Fining and Violation Dispute
Resolution. Upon written notice of a complaint regarding any of
the provisions of the Amended and Restated Declaration of Covenants, Conditions
and Restrictions; the Articles of Incorporation; the Association's By-Laws; or
the Rules and Regulations; as may from time to time be amended; the
Association's Board of Directors shall be empowered to conduct a hearing;
wherein the evidence of the violation is submitted by testimony and written
affidavit. Upon the completion of all testimony, the Board of Directors
shall deliberate to determine if a violation is deemed to have existed. By
a vote of a majority of the Board of Directors, the Board may:
1. Reprimand the violator and maintain a copy of the
formal reprimand in the Lot Owners file.
2. Levy a fine per violation, per day; which fine
may be established, from time to time, by the Board of Directors; but must not
exceed twenty-five dollars ($25.00) per violation, per day. The
establishment of fines is to be by resolution of the Board of directors and
shall be available and published for Lot Owner's perusal.
3. Any fines levied in accordance with the
aforementioned subsections shall be deemed a "Special Assessment" and
collectable in the same manner as "Maintenance Assessments"
PARTY WALLS
O.R. 3080 Page 1216
Section 2. Sharing of Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be shared by the Owners
who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or other Casualty. If a party
wall is destroyed or damaged by fire or other casualty, any Owner who has used
the wall may restore it, and if the other Owners thereafter make use of the
wall, they shall contribute to the cost of restoration thereof in proportion to
such use without prejudice, however, to the right of any such Owners to call for
a larger contribution from others under any rule of law regarding liability for
negligent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision
of this Article, an Owner who is negligent or willful act causes the party wall
to be exposed to the elements shall bear the whole cost of furnishing the
necessary protection against such elements.]
Section 5. Right to Contribution Runs With Land. The rights of
any Owner to contribution from any other Owner under this Article shall be
appurtenant to the land and shall pass to such Owner's successors in title.
Section 6. Arbitration. In the event of any dispute arising
concerning a party wall, or under the provisions of this Article, each party
shall choose one (1) arbitrator, and those two (2) arbitrators shall choose one
(1) additional arbitrator, and the decision shall be by a majority of all the
arbitrators, which decision shall be binding upon the disputing parties.
ADDITIONS TO THE PROPERTIES Section 1. Methods and Procedures for Making
Additions to the Properties. The Owners of a
Lot within the real property described in Exhibit B shall have the right to
bring their Lot within the jurisdiction and control of the Association by
causing to be recorded in the Public Records of Pasco County, Florida, an
instrument, duly executed by all the record Owners of said Lot, which
makes such Lot subject to, as a covenant running with the land, each term,
condition, covenant and restriction of this Declaration, which shall be recorded
by the Declarant in the Public Records of Pasco County, Florida, pursuant to
Section 695 Florida Statutes.
O.R. 3080 Page 1217
GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner,
shall each have the right to enforce, by any proceeding at law or
in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of
this Declaration. Failure by the Association or by any owner to
enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter. The
successful party to any litigation under this chapter shall be
eligible to reimbursal of its attorney’s fees and costs associated
with such litigation.
Section 2 Severability Invalidation of any one (1) of
these covenants or restrictions by judgment or court order shall in
no wise affect any other provisions which shall remain in full
force and effect
Section 3. Term. The covenants and restrictions of this
Declaration shall run with and bind the land for a term of twenty (20) years
from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of
ten (10) years.
Section 4. Amendments. Except as otherwise provided in
this Declaration for additions to the Properties, this Declaration
may be amended by an instrument signed by the Owners of not less
than fifty (50) percent of the Lots within the Properties. There
is hereby reserved to the Association the right an authority, for
a period of ten (10) years from the date of recording of this
Declaration to amend or modify the terms hereof without the consent
or approval of any Owner; provided, however, that any such
amendment shall not destroy the general scheme or plan of
development set forth in this Declaration. The Association, as
heretofore provided may amend this Declaration only by a unanimous
vote of the Board of Directors. Any amendment to this Declaration must be recorded in the Public Records of Pasco County to become
effective.
THIRD AMENDMENT TO AMENDED AND RESTATED DECLARATION OF
COVENANTS CONDITIONS AND RESTRICTIONS OF BEACON WOODS
EAST WHEREAS, there has been filed and Amended and
Restated Declaration of Covenants, Conditions and Restrictions of Beacon Woods
East on April 9,1992 in the County of Pasco, in the State of Florida, OR 3013,
Pages 0603 to 0619; WHEREAS The Board of Directors of Beacon
Woods East has voted five (5) for and zero (0) against at a Board of Directors
Meeting held at 7:00 P.M. on November 21, 1995, at 8421 Clayton Boulevard,
Hudson, Florida 34667. This is to certify that at that time there were only five
(5) Directors on the Board of Directors. Therefore, this was a unanimous vote of
the Board of Directors. Pursuant to the authority granted to it in
Article X, Section 4 of the Declaration, hereby amends the Declaration as
follows as to, Article X, Section 4 is amended in its entirety to read as
follows: SECTION 4, AMENDMENTS. Except as
otherwise provided in this Declaration for additions to the Properties, this
Declaration may be amended by an instrument signed by the owners of not less
than fifty (50%) per cent of the lots within the Properties, provided, however,
that any such amendment shall not destroy the general scheme or plan of
development set forth in this
Declaration..
against each Lot at least thirty (30) days in advance of each
annual Assessment period. Written notice of the annual Assessment
shall be sent to every Lot Owner subject thereto, or announced in the official
publication of the Association. The due date shall be established
by the Board of Directors. The Association shall, upon demand, and
for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the Assessments on a specified Lot have been
paid. A properly executed certificate of the Association as to the
status of Assessments on a Lot is binding upon the Association as of the date of
its issuance.
least ten (10) days in advance of the scheduled event and
provides the documentation necessary to complete the "Charitable Solicitation"
form; and
Control and Use Restrictions. In the event that an
Owner of any Lot wishes to appeal a decision of the Architectural Committee; the
Owner may do so by submitting, in writing, a request for a Review of
Architectural Committee Decision, at least (30) days in advance of a scheduled
meeting of the Board of Directors.
liability for property damage due to negligence or willful acts
or omissions shall apply thereto.
