AMENDED
AND RESTATED DECLARATION OF COVENANTS
CONDITIONS
AND RESTRICTIONS OF BEACON WOODS EAST
O.R. 3080 Page 1201 - 1217
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
VILLAGE 1&2 |
RAVENSWOOD
VILLAGE 1 | BEACON
RIDGE, WOODBINE VILLAGE |
BEACON
RIDGE, WOODBINE VILLAGE TRACT A | |
DECLARATION
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-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-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.
ARTICLE
II
PROPERTY
RIGHTS
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.
ARTICLE
III
MEMBERSHIP
AND VOTING RIGHTS
SECTION-1
Membership Established. The Association shall have
not more than one (1) class of membership, as follows:
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 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.
ARTICLE
IV
COVENANT
FOR MAINTENANCE ASSESSMENTS
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.
(b) From and after January 1 of the year following the initial year the maximum
annual Assessment may be increased above ten percent (10%) by a
majority vote of a quorum of eligible members as defined in ARTICLE II
Section 1 (b) and ARTICLE III Section 2 (a) as having rights at a
meeting duly called for this purpose.
(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 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.
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 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 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.
ARTICLE V
ARCHITECTURAL CONTROL
SECTION-1 Generally.
No building, fence, wall or other structure shall be commenced, erected
or maintained upon the Properties, or any Lot herein, nor shall any
exterior addition to or changes or alteration of any nature be made
upon or to any Lot or structure thereon until the plans and
specifications showing the proposed addition, alteration or change
shall have been submitted to and approved in writing as to harmony of
external design, color and location in relationship to surrounding
structures and topography by the Board of Directors of the Association,
or by an Architectural Committee composed of three (3) or more
representatives appointed by the Board. All plans and applications
submitted must be sent to the Association by Certified mail, or hand
delivered and receipted, at 8421 Clayton Blvd; Hudson, Fl 34667 or such
other address as the Association may from time to time designate. All
completed plans and applications submitted shall be approved or
disapproved by the Association within thirty (30) days. The Association
may establish any reasonable requirements it deems necessary to grant
or deny such Modifications, including but not limited to the submission
of full plans and specifications to the Association regarding all
structural Modifications or additions.
ARTICLE VI
EXTERIOR MAINTENANCE
SECTION-1 By the Association.
The Association shall maintain any and all Common Areas but the
Association shall not provide any exterior maintenance upon any Lot
except under Section 2 of this Article.
SECTION-2 Owner's Failure to
Maintain. In the event an 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 be added to and become part of
the Assessment to which such Lot is subject.
ARTICLE VII
USE
RESTRICTIONS
SECTION-1
Generally.
The use of the properties shall be in accordance with the following
provisions:
(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 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 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 at
least ten (10) days in advance of the scheduled event and provides the
documentation necessary to complete the "Charitable Solicitation" form;
and
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
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 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:
(a) The combined area of bare
patches in the natural sod grass lawn that exceeds ten (10%)percent of
any front, back or side lawn is in violation of these restrictions and
the Owner shall promptly re-sod such bare patches within 15 days of
notification of the Owner by the Association;
(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 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
from front Lot line. The minimum
set-back requirement for all permitted alterations shall in no event be
less than 5 feet from the rear Lot line, except for approved fences.
Prior to the commencement of the additions, modifications, alterations
of improvements described, herein above, all building plans and
specifications, including plot and plat plans, grading plan and
materials list, for the original construction, alteration or addition
of the structure, or for the landscaping of yards and yards that abut
public streets, and all plans or agreements relating to the appearance,
colors and materials to be used on the exterior of a structure, shall
be approved in writing by the Association, its successors or designated
assignees. All plans and applications submitted must be to the
Association by Certified mail, or hand delivered and receipted, at 8421
Clayton Blvd; Hudson, Fl 34667 or such other address as the Association
may from time to time designate. All completed plans and applications
submitted shall be approved or disapproved by the Association within
thirty (30) days. The Association may establish any reasonable
requirements it deems necessary to grant or deny such modifications,
including but not limited to the submission of full plans and
specifications to the Association regarding all structural
modifications or additions.
(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 purposes, 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.
(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 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.
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"
ARTICLE
VIII
PARTY
WALLS
SECTION
1. General Rules of Law to Apply. In the
event of the residential structures constructed upon the Properties
have any common wall (such as in the case in "attached" housing), then
each wall which is built as part of the original construction of such
residences upon the Properties and placed on the dividing line between
the Lots shall constitute a party wall (hereinafter "Party Wall"), and,
to the extent no inconsistent with the provisions of this Article, the
general rules of law regarding party walls and liability for property damage
due to negligence or willful acts or omissions shall apply thereto.
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.
SECTION3. 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.
ARTICLE IX
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.
ARTICLE
X
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..