CURRENTLY
APPROVED C&Rs {ORIGINAL WITH AMMENDMENTS}
REVISION PROPOSED 11/8/2007 by HBHOA Board Appointed Committee
DECLARATION OF COVENANTS, RESTRICTIONS
AND EASEMENTS HAMMOCK BEACH ESTATES
Armand Beach East Subdivision
This DECLARATION
made this 24th day of January , 1990 , by SIM-PAR,
INC., a Florida corporation, hereinafter referred to as the "Developer".
W I T N E S S E T H:
Whereas, the
Developer is the record owner of the fee simple title of real property
located in the City of Flagler Beach, Florida, more particularly
described as follows to-wit:
Lot. 2;
68 through 71; 85 through 94; 109 through 128; 129 through
138; 140 through 148; 163 arid 164, 169 through 230, and
Lots 31 through 33, Lot 40 Armand Beach East
Subdivision, as recorded in Plat Book 8, page 22, Public
Records of Flagler County, Florida.
NOW, THEREFORE,
the Developer hereby declares that the lots described above shall be
held, transferred, sold, conveyed and occupied subject to the covenants,
restrictions, reservations and liens hereinafter set forth.
HAMMOCK BEACH ESTATES HOMEOWNERS ASSOCIATION: DECLARATION OF
COVENANTS, RESTRICTIONS, AND EASEMENTS
(As drafted by the C&R Committee November 8, 2007)
Hammock Beach Estates is a Neighborhood District consisting of the
following 147 residential
lots within the Armand Beach East Subdivision of Flagler County,
Florida:
Lots 1 through 33; lot 40; lots 68
through 71; lots 85 through 94; lots 109 through 138; lots 140 through
148; lots 163 and 164; lots 169 through 230.
Note.
1. Lot 231, as recorded in Plat Book 8,
page 22, Lot 231 was subdivided into lots 1 through 33 and recorded in
Plat Book 29, pages 17 & 18, Public Records of Flagler County, Florida.
All listed lots shall be held, transferred, sold, conveyed, and occupied
subject to the covenants, restrictions, reservations and liens set forth
in the Governing Documents of the Hammock Beach Estates Homeowners
Association, a Florida not for Profit Corporation. The governing
documents, in order of their legal
precedence include; this Declaration of Covenants,
Restrictions, and Easement; the Association’s Articles of Incorporation;
Association Bylaws; and Board-adopted rules and regulations.
ARTICLE I- DEFINITIONS
A. "Association"
shall mean and refer to The Hammock Beach Estates Home Owner's
Association, Inc., a Florida corporation not for profit.
B. "Developer"
shall mean and refer to Sim-Par, Inc., a Florida corporation, its
successors and assigns.
C. "Declaration"
shall mean and refer to this instrument.
D. "Lot" shall mean
and refer to any lot as more particularly described above.
E. "Lot Owner"
shall mean arid refer to the holder or holders of the fee title to a lot
as herein defined.
F. "Person" shall
mean and refer to any person, firm, association or corporation.
G. "Dwelling Unit"
shall mean and refer to a single family residential unit to be used as
an abode for one family.
H. "Enclosed Living
Area" shall mean and refer to the square footage of a dwelling unit
under roof, exclusive of open porches, atriums, screened in patios,
court yards, garages, or 'other similar type space.
I - "Developer
Improvements" shall mean and refer to the entrance feature, perimeter
wall, landscaping, drainage, retention areas, lakes, and any street
lighting or mailboxes which may be originally installed by the company,
whether such improvements are located on dedicated rights of way,
individual lots, or on real property owned by the Home Owner's
Association. Upon creation of the Home Owner's Association provided for
herein, the Developer shall provide to the Association a written
statement of the developer improvements as defined herein and which
shall be the responsibility of said Association to operate and maintain.
1. Storm Water Retention Area,
Parcel A. A stormwater retention area identified as Parcel A, is
located on the Plat of Armand Beach Estates. Parcel A shall be included
within the definition of "Developer Improvements" as identified on page
2 of the Declaration of Covenants, Restrictions and Easements as
originally recorded at Official Record Book 0422, Page 0417, Public
Records of Flagler County, Florida. All provisions regarding "Developer
Improvements" shall apply to the stormwater retention area identified as
Parcel A.
2. Roadway - Parcel B.
A. Perpetual. Non-Exclusive
Easement. There is a road identified as Parcel B, on the plat of
Armand Beach Estates. The road is named "Ocean Dune Circle" and is a
private road. The road provides access for lots 1 through 29 inclusive.
A perpetual nonexclusive easement in favor of all lot owners and
dwelling unit owners for lots 1 through 29 inclusive Armand Beach
Estates hereby specifically created over and upon the roadway identified
as Parcel B. This easement runs in favor of all such owners and their
families, guests, lessees, invitees and others, all for the use and
purpose of providing access to lot numbers 1 through 29 and dwelling
units located thereon.
B. Maintenance of Road. The
owners of said lots and/or dwelling units (1-29) are responsible , for
the care, maintenance and preservation of said road, which funds shall
be collected by the Association as a special assessment against lots 1
through 29 inclusive only, pursuant to the provisions of Article VII
ASSOCIATION OPERATION AND ASSESSMENTS, found at page 12 of the
Declaration as originally recorded at Official Record Book 0422, Page
0427, Public Records of Flagler County, Florida. The Association shall
determine and assess costs necessary for the care, preservation and
maintenance of said road and shall collect same as provided in Article
VII as a special assessment against lots 1-29 only. The Association
shall have all lien and foreclosure rights for non-payment as provided
in Article VII. At the discretion of the Association, the costs of
maintenance and repair for the road may be budgeted as a capital expense
item and collected in addition to the regular assessments; or
alternatively, may be assessed and collected as a special assessment as
and when maintenance and repairs are necessary. Regardless of the method
of collection, the Association shall collect and maintain separate
records for all funds paid toward the care, preservation and maintenance
of the road. Funds collected for road maintenance may be used only for
said purpose; and said funds may not be co-mingled for use by the
Association incident to other expenses. Likewise, no funds collected
from regular assessments paid by all unit owners shall be used for the
care, maintenance or preservation of the road identified as parcel B. At
the discretion of the Board of Directors of the Association, a three (3)
member advisory committee consisting of three (3) lot owners from lots 1
through 29 inclusive, may be appointed by the Board of Directors of the
Association for purposes of providing direction to the Association on
matters relating to the care, maintenance and preservation of this road,
and expenses associated therewith.
C. Use of Roadway The use
of said road identified asParcel B must always be
consistent with City, County or State rules and regulations regarding
the use of streets and roads. By way of illustration, and not
limitation, vehicles must be operated by licensed drivers and all
terrain vehicles or other similar off road vehicles may not be not be
operated upon the roadway identified as Parcel B. Notwithstanding,
nothing shall interfere with the designation of said road as a private
road. The Developer, at Developer's sole option, may erect security
gates at he entrance of said road. If security gates are erected by the
Developer, the Association shall maintain said security gates from the
special assessment collected from lot owners of lots 1 through 29
inclusive.
D. Traffic Control Devices -
Agreement. All traffic control devices located upon said private
road (Parcel B) shall be in conformity with the Manual on Uniform
Traffic Control Devices (MUTCD) developed by the U.S. Department of
Transportation. Either the Developer or the Association shall have the
authority to enter into a traffic control agreement with a municipality
or the County pursuant to Florida law. Whether or not a traffic control
agreement is executed; traffic control shall be permitted by the
jurisdiction or jurisdictions which control traffic on public roads. No
lot owner may object or interfere with traffic control by appropriate
governmental agencies.
J - "Recreation
Facility" shall mean and refer to the following described real property,
to-wit:
Lots
203 and 204, Armand Beach East
Subdivision, as recorded in Plat Book 8, page
22, Public Records of Flagler County, Florida.
K - "Properties"
shall mean and refer to the real property above herein and any additions
thereto as are subjected Declaration pursuant to the provisions of
Article XI herein.
ARTICLE I- DEFINITIONS
A."Association" shall
mean and refer to The Hammock Beach Estates Home Owner's Association,
Inc., a Florida corporation not for profit.
B. "Developer" shall mean and refer to Sim-Par Inc., a Florida
corporation, its successors and assigns.
C. "Declaration" shall mean and refer to this instrument.
D. "Lot" shall mean and refer to any lot that is included in
Hammock Beach Estates as specified above.
E. "Lot Owner" shall mean and
refer to the holder or holders of the fee title to a lot as herein
defined.
F. "Person" shall mean and refer to any person, firm, association
or corporation.
G. "Dwelling Unit" shall mean and refer to a single-family
residential unit to be used as an abode for one family.
H. "Enclosed Living Area" shall mean and refer to the square
footage of a dwelling unit under roof, exclusive of open porches,
atriums, screened in patios, court yards, garages, or other similar space not under air
conditioning.
I."Sub-Association Armand Beach
Estates": Association members who are owners of lots 1-29
inclusive and who have established Armand Beach Estates for the care,
maintenance, and preservation of the private road known as Ocean Dune
Circle (See Roadway – Parcel B).
J. "Developer Improvements" are the following items that have
been conveyed to the Association to operate and maintain:
1. The Storm Water
Retention Pond located between Ocean Dune
Circle and Mahoe Drive South.
This storm water retention area
is identified as Parcel A as
located on the Plat of Armand Beach Estates. Parcel A shall be included
within the definition of "Developer Improvements" as identified on page
2 of the Declaration of Covenants, Restrictions and Easements as
originally recorded at Official Record Book 0422, Page 0417, Public
Records of Flagler County, Florida.
2.The Storm Water Retention Pond
located between Solee Road and Cottonwood Trail.
This storm water retention area is identified as Lots 208 and
230
3.The Storm Water Dry Retention
Pond located between Mahoe Drive North and Armand Beach Drive.
This Storm Water Dry Pond Overflow Area consists of 0.19 Acres in Armand
Beach East Subdivision (0 .05 Acres of Lot 88 & 0.14 Acres of Lot, 89).
Recorded in Official Record Book 872, Page 1620, Public Records of
Flagler County, Florida.
4. The Recreation Facility, Lots 203 and 204,
Armand Beach East Subdivision, as recorded in Plat Book 8, page 22,
Public Records of Flagler County, Florida
5.Easement granted to the Association for the DunesWalkover (ARMAND BEACH ESTATES NORTH 7 FEET LOT 13 OR 1314 PG
1487)and pathway leading to
the walkover (legal description to
be added)
6.Roadway - Parcel B.
a. Perpetual Non-Exclusive Easement:
There is a road identified as Parcel B, on the plat of Armand Beach
Estates. The road is named "Ocean Dune Circle" and is a private road.
The road provides access for lots 1 through 29 inclusive. A perpetual
nonexclusive easement in favor of all lot owners and dwelling unit
owners for lots 1 through 29 inclusive Armand Beach Estates hereby
specifically created over and upon the roadway identified as Parcel B.
This easement runs in favor of all such owners and their families,
guests, lessees, invitees and other members of the Association, all for
the use and purpose of providing access to lot numbers 1 through 29 and
dwelling units located thereon.
b. Maintenance of Road: The owners of
said lots and/or dwelling units (1-29) are responsible, for the care,
maintenance and preservation of said road
and security gate. The owners of said lots have established a
Sub-Association "Armand Beach Estates" for that purpose.
c. Use of Roadway The use of said road
identified asParcel B must always be consistent with County or State rules and
regulations regarding the use of streets and roads. By way of
illustration, and not limitation, vehicles must be operated by licensed
drivers and all terrain vehicles or other similar off road vehicles may
not be not be operated upon the roadway identified as Parcel B.
Notwithstanding, nothing shall interfere with the designation of said
road as a private road. The Developer has erected a security gate at the
entrance of said road. The Sub-Association, Armand Beach Estates, shall
maintain said security gate from the special assessment collected from
lot owners of lots 1 through 29 inclusive.
d. Traffic Control Devices - Agreement.
All traffic control devices located upon said private road (Parcel B)
shall be in conformity with the Manual on Uniform Traffic Control
Devices (MUTCD) developed by the U.S. Department of Transportation.
Either the Developer or the Association shall have the authority to
enter into a traffic control agreement with a municipality or the County
pursuant to Florida law. Whether or not a traffic control agreement is
executed; traffic control shall be permitted by the jurisdiction or
jurisdictions which control traffic on public roads. No lot owner may
object or interfere with traffic control by appropriate governmental
agencies.
K - "Properties" shall mean and refer to the real property above herein
and any additions thereto as are subjected to the Declaration pursuant
to the provisions of Article X herein.
ARTICLE II- NEIGHBORHOOD
DISTRICT
The Developer hereby designates the above-described lots to be a
neighborhood district within the Armand Beach East Subdivision to be
known as "Hammock Beach Estates".
Remove Current Article II &
renumber Subsequent Sections
ARTICLE III- GENERAL
COVENANTS AND RESTRICTIONS
A. No lot shall be used except for residential purposes. No building
shall be erected, altered, placed or permitted to remain on any lot
other than one (1) single family dwelling (which shall not exceed three
(3) stories in height) and an attached garage for not less than two
(2) nor more than four (4) cars. A construction shed or trailer may
be temporarily placed upon a lot and remain there during active
construction of a residence for a period riot to exceed six (6) months;
otherwise, no portable buildings tents, trailers or other temporary
buildings may be placed upon a lot. All building exteriors shall be
completed within six (6) months from commencement of construction or
issuance of a building permit, whichever comes first.
B. No trade, business, profession or any other type of ,commercial
activity shall be carried on upon any of the lots or in any dwelling
unit; however, notwithstanding these restrictions, to the extent
permitted by law, home businesses which do not generate significant
traffic, noise, odor, or outwardly detract from the residential
character of the community shall be permitted and, the Developer and his
assigns shall not be prohibited from operating sales models or offices
thereon.
C. No noxious or offensive activity shall be carried on upon any lot
nor shall anything be done on any lot that may become an annoyance of
nuisance to the neighborhood. By way of example, but specifically
without limiting the general nature of the above provision, no loud and
raucous noise, which term shall mean any sound which, because of its
volume level, duration, and/or nature, annoys, disturbs, injures, or
endangers the comfort, health, peace, or safety of reasonable persons of
ordinary sensibilities within Hammock Beach Estates, shall be permitted
on any lot: nor shall anything be done on any lot that is or may become
an annoyance or nuisance to the neighborhood.
Again, without limitation, the following actions are
specifically prohibited:
a. Allowing any animal to emit long, continuous, loud and
raucous noises. such as barking, howling, yelping or screeching.
b. Sounding of any horn or other audible signaling device
for the purpose of creating a loud and raucous noise, except when
sounded as a danger warning.
c. Operating electronic equipment, including, but not
limited to televisions, VCR's, DVD players, CD players and audio tape
players in a manner to cause loud and raucous noise.
d. Yelling, shouting, whistling or singing so as to create
loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m.
e. The use of any motor vehicle without an adequate
muffler, the operation of which causes a loud and raucous noise.
f. Operating equipment or appliances that emit loud or
raucous noise between the hours of 8:00 p.m. and 7:00 a.m., except in
case of urgent necessity.
D. No motor vehicle, other than a private passenger type, with a
current license tag shall be parked on any lot in excess of twenty-four
(24) hours. The overnight parking or storage of trucks over one (1) ton
capacity, trucks used for commercial purposes, boats, trailers, campers,
motor homes or similar recreational vehicles, on the road right-of-way
or on any lot is prohibited, other than in an enclosed garage or other
screened or shielded area.
E. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept on any lot for commercial purposes. A maximum of two (2)
dogs, cats, or other household pets may be kept, provided that they are
not kept, bred or maintained for any commercial purpose. No animals are
permitted to roam at large.
F. No sign of any kind shall be displayed to the public view on
any lot except one (1) sign of not more than one (1) square foot used to
indicate only the name of the resident or one (1) sign of not more than
three (3) square feet advertising an dwelling unit for sale. This
provision shall not apply to Developer or his successors as long as he
is the owner of any lots covered by this Declaration. Only signs of
the following types, sizes and kinds may be displayed to the public view
on any lot: Traffic (e.g., Speed Limit, Children at Play, Dead End), No
Parking, Neighborhood Watch, Construction signs required by law;
Commercial quality "For Sale" signs of not more than three (3) square
feet advertising a dwelling for sale, the Board shall have the power to
promulgate, from time to time the precise standards that must be met for
such "For Sale" signs; and Residence and Security not to exceed one (1)
square foot. This provision shall not apply to the Developer or his
successors as long as he is the owner of any lots covered by this
Declaration.
G. No lot shall be used or maintained as a dumping ground for
rubbish, trash, garbage, or other waste. All lots shall be kept free of
the accumulation of rubbish, trash, garbage or other solid waste
materials and all unsightly weeds and underbrush. All garbage
and trash containers must be placed so as to render them hidden from
view from adjoining properties or the street except during the day
pick-up service is designated by the City.
H. No outdoor clothes drying shall be permitted except in the rear of
the lot. All clothes drying shall be shielded from view of the street by
shrubbery or other screening.
I. No fence or wall shall bed erected or maintained on any lot within
twenty (20) feet of the front lot line. No hedge over three (3) feet in
height shall be permitted along the front lot line. In any event, no
fence or hedge shall be erected or maintained which shall exceed six (6)
feet in wall height. Chain link fences are prohibited in all front
yards.
J. All front yard areas of improved lots shall be sodded or otherwise
appropriately landscaped and kept as a lawn which shall extend to the
pavement line of the street. No graveled or blacktopped or paved
parking strips are permitted. Lot owners shall, at all times, keep arid
maintain the lawn and exterior of the dwelling unit to the standard set
by the Board of Directors.
K. A radio, television or similar tower may be erected on any lot or
attached to any building provided it (does not project more than ten
(10) feet above the highest point of the roof, and (ii) is connected to
the building solely by a singular, tubular support. Satellite dishes
shall be permitted provided they are installed in the rear yard and
shielded from public view by shrubbery or screening.
L. No oil drilling, oil development operations, oil refining,
quarrying, natural gas or mining operations of any kind shall be
permitted upon or in any lot. The construction and/or use of individual
wells for any purpose by lot owners is acceptable provided said wells
meet all State, City and County regulations and are approved by same.
M. All electrical service, telephone arid other utility lines shall
be placed underground except those that are shared with the Armand Beach
East subdivision. Electric service to the dwelling will be installed
underground from Florida Power and Light Company's secondary source and
at the owner's expense in accordance with Florida Power and Light
Company's tariff.
N. Trees situated between the building setback lines and the property
lines (except for those trees lying within driveways and parking areas)
having a trunk diameter of four (4) inches or more as measured one (1)
foot from ground level, may not be removed Without the prior approval of
the Developer or his assigns. Anyone violating this provision will be
required to replace such trees with trees of like size and condition
within thirty (30) days after demand by the Developer or his assigns. If
the owner fails or refuses to replace the trees as demanded, the
Developer or his assigns shall cause suitable replacements to be planted
and the cost thereof shall be a lien against the lot. The owner grants
to the Developer or his assigns, his agents and employees, an easement
for ingress and egress over and across said lot to enable him to comply
with this section.
O. Only entire Dwelling Units may be leased or rented and no Dwelling
Unit may be leased or rented for a period of less than six (6) months.
All leases and rental agreements must provide, and if they do not, shall
be deemed to provide, the agreement of the lessee(s) or renter(s) to
abide by all of the terms and provisions of Chapter 720, Florida
Statutes, this Declaration of Covenants, Restrictions and Easements as
amended from time to time, the Articles of Incorporation, the BY-Laws,
and the rules and regulations of the Association (hereinafter
collectively "rules and regulations") and that a violation of these
rules and regulations is a material breach of the lease or rental
agreement and is grounds for damages, termination and eviction, and that
the lessee/renter and the owner agree that the Association may proceed
directly against such lessee(s) or renter(s) and the lessee(s) and
renter(s) shall be responsible for the Association's cost and expenses
including injunction, damages, termination, and eviction. All lessee(s)
and renter(s) shall be advised of the existence of the rules and
regulations and their requirements.
ARTICLE II- GENERAL COVENANTS AND RESTRICTIONS
A. No lot shall be used except for residential purposes. No
building shall be erected, altered, placed or permitted to remain on any
lot other than one (1) single family dwelling (which shall not exceed
three (3) stories in height) and an attached garage for not less than
two (2) nor more than four (4) cars. A construction shed or
trailer may be temporarily placed upon a lot and remain there during
active construction of a residence. All
efforts shall be made to complete construction within the period of 12
months. for a period riot to exceed six (6)
months; otherwise, No portable buildings, tents, trailers or other
temporary buildings may be permanently placed upon a lot. All
building exteriors shall be completed within six (6) months from
commencement of construction or issuance of a building permit, whichever
comes first.
B. No trade, business, profession or any other type of
commercial activity shall be carried on upon any of the lots or in any
dwelling unit; however, notwithstanding these restrictions, to the
extent permitted by law, home businesses which do not generate
significant traffic, noise, odor, or outwardly detract from the
residential character of the community shall be permitted.
C. No noxious or offensive activity shall be carried on upon
any lot nor shall anything be done on any lot that may become an
annoyance of nuisance to the neighborhood. By way of example the following, without limitation, are
prohibited:, but specifically without limiting the
general nature of the above provision, no loud and raucous noise, which
term shall mean any sound which, because of its volume level, duration,
and/or nature, annoys, disturbs, injures, or endangers the comfort,
health, peace, or safety of reasonable persons of ordinary sensibilities
within Hammock Beach Estates, shall be permitted on any lot: nor shall
anything be done on any lot that is or may become an annoyance or
nuisance to the neighborhood.
Again, without limitation, the following actions are
specifically prohibited:
a. Allowing any animal to emit long, continuous,
loud and raucous noises, such as barking, howling, yelping or
screeching.
b. Sounding of any horn or other audible signaling
device for the purpose of creating a loud and raucous noise, except when
sounded as a danger warning.
c. Operating electronic equipment, including, but
not limited to televisions, VCR's, DVD players, CD players and audio
tape players in a manner to cause loud and raucous noise.
d. Yelling, shouting, whistling or singing so as to
create loud and raucous noise between the hours of 10:00 p.m. and 7:00
a.m.
d. The
use of any motor vehicle without an adequate muffler, the operation of
which causes a loud and raucous noise.
e.f.
Operating equipment or appliances that emit loud or raucous noise
between the hours of 8:00 p.m. and 7:00 a.m., except in case of urgent
necessity.
D. No motor vehicle, other than a private passenger type, with
a current license tag shall be parked on any lot in excess of
twenty-four (24) hours. The overnight parking or storage of trucks over
one (1) ton capacity, trucks used for commercial purposes, boats,
trailers, campers, motor homes or similar recreational vehicles, on the
road right-of-way or on any lot is prohibited, other than in an enclosed
garage or other screened or shielded area.
E. No animals, livestock, or poultry of any kind shall be
raised, bred, or kept on any lot for commercial purposes. A maximum, per household, of two (2) dogs,
cats, or other household pets may be kept, provided that they are not
kept, bred or maintained for any commercial purpose. No animals are
permitted to roam at large.
F. Only signs of the following types, sizes and kinds may be
displayed to the public view on any lot: Traffic (e.g., Speed Limit,
Children at Play, Dead End), No Parking, Neighborhood Watch,
Construction signs required by law; Commercial quality "For Sale/Rent"
signs of not more than three (3) square feet advertising a dwelling for
sale or rent. the Board shall have the power to promulgate, from
time to time the precise standards that must be met for such "For Sale"
signs; and Residence and Security signs not to exceed one (1) square
foot.
G. No lot shall be used or maintained as a dumping ground for
rubbish, trash, garbage, or other waste. All lots shall be kept free of
the accumulation of rubbish, trash, garbage or other solid waste
materials. All garbage and trash containers must be placed so as to
render them hidden from view from adjoining properties or the street
except during the day pick-up service is designated by the County.
H. No outdoor clothes drying shall be permitted except in the
rear of the lot. All clothes drying shall be shielded from view of the
street by shrubbery or other screening.
I. No fence or wall shall be
erected or maintained on any lot within twenty (20) feet of the front
lot line. No hedge over three (3) feet in height shall be permitted
along the front lot line. In any event, no fence or hedge shall
be erected or maintained which shall exceed six (6) feet in wall
height. Chain link fences are prohibited in all front yards.
J. All front yard areas of improved lots shall be sodded or
otherwise appropriately landscaped and kept as a lawn which shall extend
to the pavement line of the street. No graveled or blacktopped parking
strips are permitted. Lot owners shall, at all times, keep and maintain the lawn and exterior
of the dwelling unit to the standard set by the Board of Directors.community standards as set forth in Article
III of this declaration.
K. A radio, television or similar tower may be erected on any
lot or attached to any building provided it (does not project more than
ten (10) feet above the highest point of the roof, and (ii) is connected
to the building solely by a singular, tubular support. Satellite dishes
shall be permitted provided they are installed in the rear or side of the house or yard.
and shielded from public view by shrubbery or screening.
L. No oil drilling, oil development operations, oil refining,
quarrying, natural gas or mining operations of any kind shall be
permitted upon or in any lot. The construction and/or use of individual
wells for any purpose by lot owners is acceptable provided said wells
meet all State, City and County regulations and are approved by same.
M. All electrical service, telephone and other utility lines
shall be placed underground except those that are shared with the Armand
Beach East subdivision. Electric service to the dwelling will be
installed underground from Florida Power and Light Company's secondary
source and at the owner's expense in accordance with Florida Power and
Light Company's tariff.
N. Trees situated between the building setback lines and the
property lines (except for those trees lying within driveways and
parking areas) having a trunk diameter of four (4) inches or more as
measured one (1) foot from ground level, may not be removed without the
prior approval of the Developer or his assignsAssociation. Anyone violating
this provision will be required to replace such trees with trees of like
size and condition within thirty (30) days after demand by the
Association. If the owner fails or refuses to replace the trees as
demanded, the Association has the right toshall cause suitable replacements to be planted and the cost
thereof to become an assessment against the
lot owner. If the lot owner fails to pay the assessment within 60 days
the Board of Directors shall take appropriate legal action to secure
such assessment along with legal fees. The owner grants to
the Association or its agents, an easement for ingress and egress over
and across said lot to enable the Association to comply with this
section.
O. Only entire Dwelling Units may be leased or rented and no
Dwelling Unit may be leased or rented for a period of less than six (6)
months. All leases and rental agreements must provide, and if they do
not, shall be deemed to provide, the agreement of the lessee(s) or
renter(s) to abide by all of the terms and provisions of Chapter 720,
Florida Statutes, this Declaration of Covenants, Restrictions and
Easements as amended from time to time, the Articles of Incorporation,
the BY-Laws, and the rules and regulations of the Association
(hereinafter collectively "rules and regulations") and that a violation
of these rules and regulations is a material breach of the lease or
rental agreement and is grounds for damages, termination and eviction,
and that the lessee/renter and the owner agree that the Association may
proceed directly against such lessee(s) or renter(s) and the lessee(s)
and renter(s) shall be responsible for the Association's cost and
expenses including injunction, damages, termination, and eviction. All
lessee(s) and renter(s) shall be advised of the existence of the rules
and regulations and their requirements.
ARTICLE IV- MAINTENANCE
REQUIREMENTS
Section 1. In order to maintain the standard of the subdivision,
each owner shall keep all lots that are improved with a Dwelling Unit
owned by him and all improvements thereon in good order, repair, and
free of debris including, but not limited to seeding, watering and
mowing of all lawns; pruning and cutting of all trees and shrubbery and
the painting or other exterior care of all buildings and other
improvements, all in a manner and with such frequency as is consistent
with good property management No weeds, underbrush, grass of five inches
in height or other unsightly growths shall be permitted. In the event an
owner shall fail to maintain the lot and improvements situated thereon
as provided for herein the Association shall mail a 15 day written
notice by certified or registered mail to the last known property
address of the owner advising owner of the failure to comply with the
above provisions. Failure of the owner to correct the violation(s)
within fifteen (15) days of mailing of said notice shall give the
Association the right, but not the obligation, to enter upon the
premises and correct the violation(s) and such entry shall not be deemed
trespassing. All costs related to such corrections, repair, restoration
or maintenance shall become a special assessment upon such lot and
secured by a lien as provided in favor of the Association.
ARTICLE III-
MAINTENANCE REQUIREMENTS
Section 1. In order to maintain the standard of the subdivision, each
owner shall keep all lots that are improved with a Dwelling Unit owned
by him and all improvements thereon in good order, repair, and free of
debris including, but not limited to seeding, watering and mowing of all
lawns; pruning and cutting of all trees and shrubbery and the painting
or other exterior care of all buildings and other improvements, all in a
manner and with such frequency as is consistent with good property
management. No weeds, underbrush, grass of five inches in height or
other unsightly growths shall be permitted. In the event an owner shall
fail to maintain the lot and improvements situated thereon as provided
for herein the Association shall mail a 15 day written notice by
certified or registered mail to the last known property address of the
owner advising owner of the failure to comply with the above provisions.
Failure of the owner to correct the violation(s) within fifteen (15)
days of mailing of said notice shall give the Association the right, but
not the obligation, to enter upon the premises and correct the
violation(s) and such entry shall not be deemed trespassing. All costs
related to such corrections, repair, restoration or maintenance shall
become a special assessment upon such lot
and secured by appropriate legal actionsa lien as
provided in favor of the Association.
ARTICLE V- THE
ASSOCIATION
Section 1. Purposes and Powers. The Developer has incorporated
under the laws of the State of Florida, as a not for profit corporation,
The Hammock Beach Estates Home Owner's Association, Inc., true and
complete copies of the Article of Incorporation and the By-Laws of which
are annexed hereto and made a part hereof as Exhibits A and B,
respectively. The purposes of the Association are to promote the health,
safety and welfare of the members and to implement, administer, enforce
and interpret the provisions of the Declaration. In furtherance thereof,
the Association has the following powers:
A. To acquire the fee simple record title to (i) the "Recreation
Facility" and all improvements thereon, which will be conveyed to it by
the Developer, as hereinafter provided and (ii) any lots used
exclusively for the installation of "Developer Improvements".
B. To hold, operate, manage, improve, replace, maintain and beautify
the "Recreation Facility" and "Developer Improvements" without profit to
itself, for the use, benefit and enjoyment of the Members of the
Association.
C. To implement, administer, enforce and interpret the provision of
this Declaration, the Articles of Incorporation and the By-Laws.
D. To establish, make, levy and collect annual operating and special
assessments against each Member and against each Member's lot.
E. To make, establish and enforce reasonable rules and regulations
governing the use and enjoyment of the "Recreation Facility"
F. To operate, manage and maintain "Developer Improvements" as
provided by the Developer.
G. Except as may otherwise be provided in this Declaration, the
Articles of Incorporation or the By-laws, the corporation shall have all
of the powers and privileges granted to corporations not for profit
under the laws of the State of Florida.
Section 2. Membership. The following shall be Members of the
Association and no other person or entity shall be Member of the
Association:
Every person or entity (including the Developer so long as it
is the record owner of a fee or undivided fee simple interest in any
Lot) who is the record owner of a fee or undivided fee simple interest
in any Lot (as this term is defined in the Declaration) which is subject
by covenants of record to assessment by the Association shall
automatically be a Member of the Association, provided that any such
person or entity who holds such interest as a security for the
performance of an obligation shall not be a Member, except if such
person or entity acquires such interest pursuant to foreclosure or any
proceeding in lieu of foreclosure. At such time as a person or entity is
no longer the record owner of such interest, the membership in the
Association of such person or entity shall automatically terminate. The
interest of a Member in the funds, assets or real property of the
Association cannot be conveyed, assigned, hypothecated or otherwise
transferred except as an appurtenance to such Member's lot. No Member
shall bring or have the right to bring any action for partition or
division.
3. Association Control During Development. Anything
hereinabove to the contrary notwithstanding, until the completion of the
Development Period, as defined below, no action of the membership shall
be effective or binding without the consent of the Board of Directors of
the Association. The Developer shall have the right to appoint all
directors of the Association until record title to the 25th lot in The
Hammock Beach Estates Neighborhood District shall have been transferred
to an individual purchaser. After such transfer and until the expiration
of the Development Period, the Association membership shall have the
right to elect one of three directors of the Association, and the
Developer sha1l have the right to appoint two of the directors of the
Association. the Developer shall have the right to appoint the
majority of the board members and the Association shall have the right
to elect the remaining board members. "The Development Period" shall be
that period of time commencing with the record pi this Declaration in
the Public Records of Flagler County, Florida, and ending with a date
forty-five (45) days after the transfer of the fee simple title to the
last lot one hundred thirty third (133rd) lot. At the end of
the Development Period, the Association membership shall have the right
to elect all board members, subject to the right of the Developer to
appoint one member to the board so long as the Developer holds for sale
in the ordinary course of business at least one lot. Notwithstanding
the above, the Developer retains the right to maintain a Model Home,
Signage and Sales Office until such time as the last lot is sold, so
long as the Signage and Sales Office are used exclusively for the
marketing and sale of Lots in Hammock Beach Estates.
ARTICLE IV- THE
ASSOCIATION
Section 1. Purposes and Powers. The Hammock Beach Estates Home
Owner's Association, Inc is incorporated under the laws of the State of
Florida, as a not for profit corporation. . The purposes of the
Association are to promote the health, safety and welfare of the members
and to implement, administer, enforce and interpret the provisions of
the Declaration. In furtherance thereof, the Association has the
following powers:
A. To acquire the fee simple record
title to these items conveyed to it by the developer: (i) the
"Recreation Facility" and all improvements thereon, and (ii) any lots
used exclusively for the installation of "Developer Improvements".
A.BTo hold, operate, manage, improve,
replace, maintain and beautify the "Recreation Facility" and other Association properties
"Developer Improvements" without profit to itself, for the use,
benefit and enjoyment of the Members of the Association.
B.
C To implement, administer, enforce and interpret the
provision of this Declaration, the Articles of Incorporation and the
By-Laws.
C.D To establish, make, levy and collect annual operating
and special assessments against each Member and against each Member's
lot.
D.
E To make, establish and enforce reasonable rules and
regulations governing the use and enjoyment of the "Recreation Facility"
E.
F Except as may otherwise be provided in this
Declaration, the Articles of Incorporation or the By-laws, the
Association shall have all of the powers and privileges granted to
corporations not for profit under the laws of the State of Florida.
Section 2. Membership. The following shall be Members of the
Association and no other person or entity shall be Member of the
Association:
Every person or entity who is the record owner of a fee or
undivided fee simple interest in any Lot (as this term is defined in the
Declaration) which is subject by covenants of record to assessment by
the Association shall automatically be a Member of the Association. provided thatAny
such person or entity who holds such interest,such as,
a security for the performance of an obligation,
shall not be a Member, except if such person or entity acquires such
interest pursuant to foreclosure or any proceeding in lieu of
foreclosure.
At such time as a person or entity is no longer the
record owner of record
such interest, the membership in the Association
of such person or entity shall automatically terminate.
The interest of a Member in the funds, assets or real property of the
Association cannot be conveyed, assigned, hypothecated or otherwise
transferred except as an appurtenance to such Member's lot. No Member
shall bring or have the right to bring any action for partition or
division.
Section 3: SUB-ASSOCIATION/ARMAND BEACH ESTATES
The owners of Lots 1 to and including 29 of Armand Beach Estates per
Map or Plat recorded in Plat Book 29, Pages 17 & 18, Public Records of
Flagler County, Florida (hereinafter "Lots 1-29") have properly
established a separate Homeowner's Association hereinafter "Armand Beach
Estates Homeowners Association"). The Armand Beach Estates
Association shall determine the costs necessary to properly maintain,
repair and replace Ocean Dune Circle and any other capital improvements
and shall assess the same against Lots 1-29 either through an annual fee
or special assessment. Lots 1-29 shall, in all respects still remain
encumbered by this Declaration of Covenants and Restrictions, as amended
from time to time, and in the case of conflict between the terms of this
Declaration and any governing documents utilized to create the Armand
Beach Estates Homeowners Association, the terms of this Declaration
shall control.
ARTICLE VI- PROPERTY
RIGHTS IN RECREATION FACILITY.
Section 1. Purpose. The Recreation Facility as defined herein,
shall be intended for the use and enjoyment of all lot owners in The
Hammock Beach Estates Neighborhood District. During the Development
Period, Developer may, at its sole discretion develop and install
improvements and facilities thereon such as roadways, landscaping,
sidewalks, trails, utilities, parking areas, recreational areas,
swimming pool, clubhouse and additional facilities. Until thirty three
(33%) percent of the lots have been conveyed, nothing contained herein
shall be construed, as a representation, warranty or guarantee on behalf
of the Developer to install said improvements and facilities, nor any
other Developer's Improvements"; it remaining Developer's sole
discretion to do so. The "Recreation Facility" together with the
improvements thereon shall be conveyed to the Association as hereinafter
provided for.
The Recreation Facility is to be devoted to and intended for the
common use and enjoyment of the Owners and their families, guests and
persons occupying dwelling units as house guests or tenants, subject to
the fee schedules and operating rules adopted by the Association.
Section 2. Use of Recreation Facility. The Recreation Facility
shall be and same is hereby declared to be subject to a permanent,
non-exclusive easement in favor of all of the Owners of Lots lying
within The Hammock Beach Estates Neighborhood District, for the use of
such Owners, and the use of their immediate families, guests, licensees,
invitees and other similar uses for all proper and normal residential
purposes, for the furnishing of services and facilities for which the
same are reasonably intended, and for the quiet enjoyment of said
Owners. Such non-exclusive easement shall be appurtenant to each Lot and
shall pass with the title to each and every Lot regardless of said
easement being referred to or described in any instrument of conveyance.
By accepting any instrument of conveyance or by taking possession or
occupying of any Dwelling Unit, each such person does agree to abide by
and comply with all rules and regulations promulgated by the
Association. It being understood that the compliance with such rules and
regulations is necessary for the orderly enjoyment of the Recreation
Facility.
Section 3. Limitations on Use. Each Lot Owner's permanent,
lion-exclusive easement for the use and enjoyment in and to the
Recreation Facility shall be subject to and limited by the following:
(a) The right of the Association to suspend any Owner's
right to use the Recreation Facility for any period during which an
assessment against said Owner's Lot remains unpaid.
(b) The right of the Association to suspend an Owner's
right and enjoyment to use the Recreation Facility for a period not to
exceed sixty (60) days for violation of the terms and conditions of the
Declarations, the Articles and By-Laws or the rules and regulations of
the Association.
Section 4. Operation and Maintenance. Upon conveyance of the
Recreation Facility to the Association as hereinafter provided for, and
upon completion of "Developer Improvements" as previously defined, it
shall become the Association's responsibility to operate and maintain
the Recreation Facility and Developer Improvements. It shall the
obligation of the Association to access, levy, enforce and collect any
and all assessments from the members of the Association which are
required in order to maintain, operate, administer and repair the
Recreation Facility.
Section 5. Non-Exclusively. When the Developer installs a
swimming pool and/or clubhouse, (hereinafter referred to as Facility),
the Developer, at all times prior to the conveyance of the Recreation
Facility and the Association thereafter, shall have the right to grant
use rights to the Facility to all other lot owners of Armand Beach East
Subdivision not included in The Hammock Beach Estates Neighborhood
District, their families, guests, lessees and invitees in and to the
Facility In that event the Developer or the Association as the case may
be, shall establish fee schedules for membership and reasonable rules
and regulations relating thereto to be paid and complied with by the Lot
Owners of The Hammock Beach Estates Neighborhood District.
Notwithstanding the foregoing, the granting of such use rights shall in
no way invalidate any terms or provisions of this Declaration and shall
not reduce or abate any assessment payments by Members of the
Association.
Section 6. Rights of Developer. Developer as long as it is the
Owner of the Lot, shall always have the right, both prior to and
subsequent to any conveyance of the Recreation Facility to the
Association, to use the Recreation Facility for all lawful purposes
which right it includes, but is not limited to, the following:
(a) The right to use, occupy, demonstrate and show all
portions of the Recreational Facility for the purpose of promoting and
aiding in the marketing, sale or rental or any portion of the real
property subject to this Declaration Such rights may not be exercised in
an unreasonable manner inconsistent with the rights of the Association
and its members to use, occupy and enjoy the Recreation Facility. The
exercise of such rights by Developer shall not reduce, abate or suspend
in any way the obligation of Association and its members to maintain,
operate, administer and repair the Recreation Facility.
(b) Display and erect signs, billboards and placards; and
store, keep, exhibit and distribute printed, audio and visual
promotional materials in and about the Recreation Facility.
(c) Establish and promulgate rules and regulations
concerning the use of the Recreation Facility not consistent with any of
the provisions of this Declaration.
Section 6.1 Developer's Right to Amend. The Developer, or a
successor Developer, reserves the right to amend any of the provisions
contained herein for so long as Developer owns any lot in Hammock Beach
Estates. (Note
that this Developer's Right to Amend appears in almost every amendment)
Section 7. Insurance.
(a) Upon conveyance of the Recreation Facility to the
Association, the Association shall carry, at its expense, public
liability insurance on the Recreation Facility and improvements thereon,
with limits of personal injury liability of not less than Five Hundred
Thousand Dollars ($500,000.00) with respect to any one person, and One
Million Dollars ($1,000,000.00) with respect to any one accident; the
limits for property damage liability shall be in an amount not less than
One Hundred Thousand Dollars ($100,000.00). The policy shall be
written for the use and benefit of the Developer. The Developer
shall be named as an additional insured under such policies until such
time as it no longer owns any Lots encumbered by this Declaration.The Association's public liability policy shall include all
necessary endorsements evidencing contractual coverage for this grant.
(b) The Association shall deliver to the Developer a
Certificate of insurance in compliance with the coverage obligations set
forth herein together with evidence of payment hereof, including an
endorsement which states that such insurance may not be changed, altered
or cancelled except upon thirty (30) days prior written notice to the
Developer.
(c) Except for the Developer's negligence, and
notwithstanding any insurance requirement set forth herein, the
Association shall indemnify and save the Developer and its officers,
agents, servants and employees, harmless from and against any and all
liability, damage, penalty, claim, loss, lien, action, suit,
proceedings, costs or judgments arising from the Association's and
Developer's use of the Recreation Facility or from non-compliance with
any law or regulation, or from injury or death to any person or injury
to property sustained by anyone in and about the Recreation Facility,
whether justifiable or not, including attorneys fees (appellate or
otherwise) and any expense in connection therewith. The Association
shall, at its own costs and expense, and at Developer's election, defend
any and all suits or actions which may be brought against the Developer
or its officers, agents, servants and employees.
Section 8. Title to Recreation Facility. The Developer may
retain the legal title to the Recreation Facility until such time ,as it
has completed improvements thereon, and until such time as, in the
opinion of the Developer, the Association is able to administer the same
but, notwithstanding any provision herein, the Developer hereby
covenants for itself, its successors and assigns that it shall convey
the Recreation Parcel and all improvements thereon, to the Association,
at no cost and with no mortgage encumbering same, not later than six (6)
months subsequent to the date of conveyance by the Developer of fee
simple record title to the last Lot.
ARTICLE V- PROPERTY
RIGHTS IN RECREATION FACILITY.
Section 1. Purpose. The Recreation Facility is to be
devoted to and intended for the common use and enjoyment of the Owners
and their families, guests and persons occupying dwelling units as house
guests or tenants and their guests, subject to the operating rules
adopted by the Association.
Section 2. Use of Recreation Facility. The Recreation Facility
shall be and same is hereby declared to be
subject to a permanent, non-exclusive easement in favor of all of the
Owners of Lots as described in this declaration, for the use of such
Owners, and the use of their immediate families, guests,
licensees, and invitees. and other similar uses for all
proper and normal residential purposes, for the furnishing of services
and facilities for which the same are reasonably intended, and for the
quiet enjoyment of said Owners. Such non-exclusive easement
shall be appurtenant to each Lot and shall pass with the title to each
and every Lot regardless of said easement being referred to or described
in any instrument of conveyance.
By accepting any instrument of conveyance or by taking possession or
occupying of any dwelling unit, each such person does agree to abide by
and comply with all rules and regulations promulgated by the
Association. It being understood that the compliance with such rules and
regulations is necessary for the orderly enjoyment of the Recreation
Facility.
Section 3. Limitations on Use. Each Lot Owner's permanent,
non-exclusive easement for the use and enjoyment in and to the
Recreation Facility shall be subject to and limited by the following:
(a) The right of the Association to suspend any Owner's
right to use the Recreation Facility for any period during which an
assessment against said Owner's Lot remains unpaid.
(b) The right of the Association to suspend an Owner's
right and enjoyment to use the Recreation Facility for a period not to
exceed sixty (60) days for violation of the terms and conditions of the
Declarations, the Articles and By-Laws or the rules and regulations of
the Association.
Section 4. Operation and Maintenance. The Association has
responsibility to operate and maintain the Recreation Facility and
Developer Improvements. It shall the obligation of the
Association to access, levy, enforce and collect any and all assessments
from the members of the Association that are required in order to
maintain, operate, administer and repair the Recreation Facility.
Section 5. Insurance.
(a) The Association shall carry, at its expense, public liability
insurance on the Recreation Facility and improvements thereon, with
limits of personal injury liability of not less than Five Hundred
Thousand Dollars ($500,000.00) with respect to any one person, and One
Million Dollars ($1,000,000.00) with respect to any one accident; the
limits for property damage liability shall be in an amount not less than
One Hundred Thousand Dollars ($100,000.00). To meet its obligation under
Article VIII of the Articles of Incorporation, the Association will also
obtain a policy that provides indemnification coverage to the
Association’s officers and directors with respect to their duties as
officers and directors.
(b) The Association will maintain hazard insurance coverage (fire,
extended coverage, and windstorm) at 100 percent of current replacement
cost if such coverage is available and at a reasonable cost relative to
the potential Association financial loss from hazard damage to the
Recreational Facility
ARTICLE VII- ASSOCIATION OPERATION AND
ASSESSMENTS
Section 1
Every owner of a fee simple undivided interest in any Lot as described
herein, shall automatically become a member of The Hammock Beach Estates
home Owner' 5 Association, Inc., a Florida corporation not for profit,
and shall be bound by the Articles of Incorporation and By-Laws and all
actions taken by the Association.
Section 2.
The Association shall be organized for the purpose of maintaining and
preserving the general aesthetic value of the Recreation Facility and
Developer Improvements as herein defined by means of general and special
assessments levied by the Association against the Lots.
Section 3.
In order to provide funds for the operation and maintenance of the
Association, the Association shall have the right to make, levy and
collect the assessments against each Lot. All regular assessments shall
be payable in monthly installments in advance on or before the 10th day
of the month and any delinquent assessments shall bear interest at the
rate of ten (10%) percent per annum until paid. Further, a late charge
of Five ($5.00) Dollars shall be assessed.
Section
4. In addition to the foregoing, each initial owner shall pay an
additional sum of One Hundred ($100.00) Dollars to the Association. Such
sum shall be a working capital contribution to the Association and shall
be used for the Association for the purposes set forth herein. Said sum
shall be due and payable in full at the time that each Owner acquires
title to a Lot.
Section 5.
The Owner or Owners of any Lot shall be personally liable, jointly and
severally, to the Association for the payment of any assessments arid
the cost of collection, including but not limited to reasonable
attorney's fees, whether suit be brought or riot. The Association shall
be irrevocably granted the right to impose a lien against each Lot for
the collection of the assessments levied, which lien shall secure the
monies due for all assessments hereafter levied against the Owner of
each Lot, which lien shall also secure all costs and expenses including
reasonably attorneys fees which are incurred by the Association in
enforcing the lien.
Section 6.
The lien granted to the Association may be foreclosed in the manner as a
real estate mortgage may be foreclosed in the State of Florida. The lien
shall be effective from and after the time of recording in the Public
Records of Flagler County, Florida. A Claim of Lien stating the
description of the property, the name of the record title owner of the
property, and the amount due and date when due.
Section
6(new) By-Laws. In addition to the provisions outlined above, the
By-Laws of the Hammock Beach Estates Home Owner's Association, Inc. as
recorded at Official Records Book 422, Page 447, Public Records of
Flagler County, Florida, contains provisions relating to the imposition
and collection of various categories of assessments. Such provisions
shall be as fully enforceable as if the same were reproduced herein.
Section 7.
The association shall determine and assess costs necessary for the are,
preservation and maintenance of said road (Ocean Dune Circle) and shall
collect same as provided in Article VII as a special assessment against
lots 1-29 only. The Association shall have all lien and foreclosure
rights for non-payment as provided in Article VII. At he discretion of
the Association, the costs of maintenance and repair for the road may
be budgeted as a capital expense item and collected in addition to the
regular assessments; or alternatively, ay be assessed and collected as a
special assessment as and when maintenance and repairs are necessary.
Regardless of the method of collection, the Association shall collect
and maintain separate records for all funds paid toward the care,
preservation and maintenance of the road. Funds collected for road
maintenance may be used only for said purpose; and said funds may not be
co-mingled or use by the Association incident to other expenses.
Likewise, no funds collected from regular assessments paid by all unit
owners shall be used for the care, maintenance or preservation of the
road identified as parcel B. At the discretion of the Board' of
Directors of the Association, a three (3) member advisory committee
consisting of three (3) lot owners from lots 1 through 29 inclusive, may
be appointed by the Board of Directors of the association for purposes
of providing direction to the Association on matters relating to the
care, maintenance and preservation of the road, and expenses associated
therewith.
ARTICLE VI-
ASSOCIATION OPERATION AND ASSESSMENT
Section 1. Every
owner of a fee simple undivided interest in any Lot as described herein,
shall automatically become a member of The Hammock Beach Estates
Homeowners Association, Inc., a Florida corporation not for profit, and
shall be bound by the Articles of Incorporation and By-Laws and all
actions taken by the Association.
Section 2. The
Association shall be organized for the purpose of maintaining and
preserving the general aesthetic value of the Recreation Facility and other Association property
Developer Improvements as herein defined by means of general and
special assessments levied by the Association against the Lots. The
Association shall determine the time period for collecting regular or
special assessments (e.g.: annually, semi-annually, quarterly or
monthly). The Association may impose a fee for late payment of $10 for
each month delinquent, and is entitled to take legal action, including
property liens on members who are 6 months or more in arrears. The Board
of Directors shall approve the assessment collection terms in accordance with Association By-Laws.
in conjunction with the approval of the annual Association budget or
a revision of the budget.
Section 3. The
Owner or Owners of any Lot shall be personally liable, jointly and
severally, to the Association for the payment of any assessments and the
cost of collection, including but not limited to reasonable attorney's
fees, whether suit be brought or not. The Association shall be
irrevocably granted the right to impose a lien against each Lot for the
collection of the assessments levied, which lien shall secure the monies
due for all assessments hereafter levied against the Owner of each Lot,
which lien shall also secure all costs and expenses including reasonable
attorneys fees which are incurred by the Association in enforcing the
lien.
Section 4.
The lien granted to the Association may be foreclosed in the manner as a
real estate mortgage may be foreclosed in the State of Florida. The lien
shall be effective from and after the time of recording in the Public
Records of Flagler County, Florida. A Claim of Lien stating the
description of the property, the name of the record title owner of the
property, and the amount due and date when due.
Section45 By-Laws. In addition to the provisions
outlined above, the By-Laws of the Hammock Beach Estates Home Owner's
Association, Inc. as recorded at Official Records Book 422, Page 447,
Public Records of Flagler County, Florida, contains provisions relating
to the imposition and collection of various categories of assessments.
Such provisions shall be as fully enforceable as if the same were
reproduced herein.
ARTICLE VIII-
ARCHITECTURAL REVIEW
Section 1. General. For as long as the Developer owns
any lot, no building, structure, alteration, addition or improvement of
any character, including but not limited to, exterior painting and
roofing, other than interior alterations riot affecting the external
appearance of a building or structure, shall be permitted upon any
portion of the properties unless and until a plan of such structure,
alteration, addition or improvement shall have been approved by the
Developer as to the quality of workmanship and materials, color, harmony
of external design with surrounding structures, location with respect to
topography and finished grade elevation, its effect on the outlook from
surrounding property and all other factors which will, in the opinion of
the Developer, affect the quality of the planning and design of the
Subdivision and the improvements thereof . Said approval shall not be
unreasonably withheld.
Section 2. Review Process. Prior to the commencement of
any improvements on said Lot, the Lot owner shall submit to the
Developer a proposal for the intended improvements (including total
available square footage). Said proposal shall include floor plan, all
exterior elevations, a proposed site plan, a landscaping plan showing
type, location and size of plants, and abbreviated specifications
setting forth materials and colors for review and approval by the
Developer. In the event that the Developer fails to approve or
disapprove said plan within forty-five (45) days of receipt thereof,
then such approval of the Developer shall not be required. The Developer
shall have the power to promulgate rules and regulations and shall have
the power to grant variances to any rule, regulation or restrictive
covenant set forth herein. The submitted proposal shall be accompanied
by a Fifty ($50.00) Dollar architectural review fee.
Section 3. Purpose. It is the intention of the
Developer that all improvements be architecturally reviewed to ensure
quality of design, materials and harmony of the structures all in order
to preserve and enhance the character of the Subdivision. Developer, in
its sole discretion, may, at any time it deems circumstances
appropriate, abandon and discontinue said architectural review, taking
into consideration whether or not a sufficient number of structures have
been constructed within the Subdivision to set the tone and character of
the Subdivision and neighborhood for which these covenants arid
restrictions are intended. In the alternative, the Developer, in its
sole discretion, may assign the functions of architectural review to a
review committee of not less than three (3) individuals who must be lot
owners within the Subdivision. Should Developer elect to make such an
assignment to any such committee, at that time Developer shall have the
right to promulgate reasonable rules and regulations for the appointment
of committee members, membership, rules of procedures, and duties of the
committee by the filing of a document to that effect in the Public
Records of Flagler County, Florida, as an amendment to this Declaration.
ARTICLE VII-
ARCHITECTURAL REVIEW
Section 1. General: It is the intention of the Association
that all new construction, property additions and improvements be
architecturally reviewed to ensure quality of design, materials and
harmony of the structures all in order to preserve and enhance
the character of the Subdivision. Accordingly, no building, structure,
alteration, addition or improvement of any character, shall be permitted
upon any portion of the properties unless and until a plan of such
structure, alteration, addition or improvement has been approved by the
Association. Alterations and improvements include, but are not limited
to, exterior painting, roofing, room additions, decks, patio enclosures,
pools or pool enclosures, and fencing. Interior alterations not
affecting the external appearance of a building or structure are
excluded. The review process will focus on
those items called out in Article VIII Construction Standards.
the quality of workmanship and materials, color, harmony of external
design with surrounding structures, location with respect to topography
and finished grade elevation, its effect on the outlook from surrounding
property and all other factors which will, in the opinion of the
Association, affect the quality of the planning and design of the
Subdivision and the improvements thereof. The Board shall have the
authority to act for the Association to approve or disapprove any
planned improvements or additions and cannot delegate this authority to
any independent committee, unless the committee is established to
operate in accordance with State of Florida Law.
Section 2. Review Process: The Board shall have the authority
to promulgate policies and procedures to implement the architectural
review and approval process. Such procedures may include creation of an
Architectural Review Advisory Committee to assist the Board in carrying
out its responsibilities and may include a reasonable schedule of fees
to defray the Association’s administrative expenses for the review
process. Prior to the commencement of any improvements on a Lot, the
Lot owner shall submit to the Association, in accordance with the
procedures prescribed by the Board, a proposal for the intended
improvements. Said approval shall not be unreasonably withheld In the
event that the Association fails to come to
a decision onapprove or disapprove said plan within
forty-five (45) days of receipt thereof, then such approval of the
Association shall not be required. said
plan shall be considered approved.
Section 3. Armand Beach Estates East
Sub-Association Reviews: The Board will forward all architectural
review request plans received from lots 1-29 to the Armand Beach Estates
East Sub-Association for their review and recommendation. The Board will
take the recommendation of the Sub-Association into consideration as
they make their decision on Architectural Reviews effecting lots 1
through 29.
ARTICLE IX- CONSTRUCTION
STANDARDS
Section 1. General. In an effort to maintain
continuity of building types, the following minimum standards must be
maintained throughout the Subdivision. All of the following must be
included as part of the submittal process to the Developer for review
and approval prior to construction.
Section 2. Submittal Process; If the following
information does not appear on the submittal plans the Developer may
reject the submission in its sole discretion as incomplete. If the
applicant is unclear as to what should be included on the submittal, he
should then contact the Developer for clarification prior to submitting
its documents.
Section 3. Materials/Standards. the following is a
list of materials and standards to be used as a guideline in preparing
the site plans and building plans and elevations for submittal and
approval to the Developer, and then the Association after such rights
are assigned to it by the Developer.
(a) Facade Treatment. All residential units
shall be constructed of concrete block or wood. In no case shall modular
pre-fab type units or mobile homes be permitted on any lot. Siding
materials shall be limited to stucco, brick, stone, and various wood
finishes, all of which must be approved by the Developer. In no event
shall exposed concrete block be permitted. The exterior front of the
residence shall be either rough wood, glass, brick, or stone or a
combination with stucco.
(b) Roofing. All roof materials shall be of
asphalt or wood shingle, cement or similar tile or metal. The Developer,
and then the Association after such rights are assigned to it by the
Developer, shall have the absolute right to decide the appropriateness
of the type and style of the asphalt or wood shingle, cement or similar
tile or metal that will be permitted. In no event shall flat built-up
roofs be permitted even for screened-in porches without the Developer's
approval.
(c) Colors. All building colors, including
but not limited to, the following, roofs, walls, fences, trim, shall be
submitted to the Developer for approval prior to installation. Earth
tones are recommended and should be used where feasible and practical to
maintain neighborhood continuity. Earth tones are recommended and
should be used where feasible and practical to maintain neighborhood
continuity. The Developer shall determine, in Developer's discretion,
the color schemes acceptable for exterior roofs and painting. Developer
shall make said determinations both initially and for any proposed color
changes for so long as Developer owns any lots governed by these
restrictive covenants. After Developer no longer owns any lots affected
by these restrictive covenants, any exterior color changes either in
roof color or exterior walls shall be submitted to the association for
review and approval. The association shall endeavor to maintain the same
general color schemes as established by the Developer."
Section 4. Minimum Dwelling Unit Size. No dwelling
unit shall contain less than 1,250 1600 square feet of air
conditioned living area. An enclosed garage for a minimum of two cars
shall be provided. The method of determining the square footage of the
enclosed living area shall be to multiply together the horizontal
dimensions of the walls forming the outer boundaries of the dwelling
unit. Open porches, atriums, screened in patios, courtyards, garages and
other similar type space, shall not be taken into account in calculating
the minimum air conditioned enclosed living area square footage as
required herein.
Section 5. Grades and Elevations. In order to
preserve and maintain proper drainage, no changes in grades or elevation
of any portion of a Lot (including the swale area) shall be made without
prior approval of Developer. Final floor elevations and all other
applicable grades must be shown on the site plan and approved by the
Developer prior to construction. The minimum ground floor elevation
shall be 13 feet above sea level for lots 1 through 13 inclusive. No
living area shall be constructed below 13 feet above sea level for lots
1 through 13 inclusive.
Section 6. Drainage Swale. The Lot Owner shall
maintain the drainage swale within or adjacent to the Lot. The location
for the culverts and their invert grades, width and depth shall be such
that they do not interfere or obstruct the overall drainage of the
Subdivision. No driveway shall be constructed, maintained, or permitted
to exist on any Lot if it obstructs or would obstruct or otherwise
impede tire flow of surface drainage from adjacent lots within the
Subdivision. It shall be each Lot Owner's sole responsibility to
construct and maintain proper grades and elevations so as not to
interfere with the drainage in the Subdivision and neighboring lots.
Section 7. Setbacks.
(a) No part of airy structure, except as may
otherwise be provided for herein, shall be located nearer than
twenty-five (25) feet to the front lot line, twenty-five (25) feet to
the side of a corner lot, and seven and one-half (7-1/2) feet to the
side lot line, and ten (l0) feet from the rear lot line, except that the
roof line overhang of a residential structure may be constructed or
extended to within five (5) feet of the side lot line. (In no event
shall any part of any structure, except as otherwise provided herein, be
located closer than twenty-five ,(25) feet from any road right-of-way
line; front lot line shall mean that property line facing the front of
any structure.)
All setbacks shall conform to the recorded plats
(b) Swimming pools and sun decks, shall not be
constructed closer than ten (10) feet from the rear and side lot lines.
All swimming pools and sun decks shall conform to zoning restrictions
and the recorded plats.
Section 8. Maximum Width.The maximum width of
a dwelling unit, including all garages, out buildings and other
appurtenances of any kind, nature or description, on lots 1 through 13
inclusive, shall be a maximum width of 40 feet. No dwelling unit (with
accompanying garages or other out buildings or appurtenances)
constructed on lots 1 through 13 inclusive, may exceed 40 feet in
width. This restriction does not apply to lots 14 through 29 inclusive.
ARTICLE VIII-
CONSTRUCTION STANDARDS
Section 1. General: In an effort to maintain continuity of
building types, the following minimum standards must be maintained
throughout the Subdivision.
Section 2. Materials/Standards: The following is a list of
materials and standards to be used as a guideline in preparing the site
plans and building plans and elevations for submittal to and approval by
the Board.
(a) Facade Treatment. All residential units
shall be constructed of concrete block or wood. In no case shall modular
pre-fab type units or mobile homes be permitted on any lot. Siding
materials shall be limited to stucco, brick, stone, and various wood
finishes, all of which must be approved by the Developer.Association. In no event shall
exposed concrete block be permitted. The exterior front of the residence
shall be rough wood, glass, brick, or stone or a combination with
stucco.
(b) Roofing. All roof materials shall be of
asphalt, fiberglass or wood shingle, cement or similar tile or metal.
The Association shall have the absolute right to decide the
appropriateness of the type and style of the asphalt, fiberglass, or
wood shingle, cement or similar tile or metal that will be permitted. In
no event shall flat built-up roofs be permitted even for screened-in
porches without the Association’s approval.
(c) Colors. All building colors, including
but not limited to the following: roofs, walls, fences, trim, shall be
submitted to the Association for approval prior to installation. Earth
tones are recommended and should be used where feasible and practical to
maintain neighborhood continuity. The Association shall determine, in
its discretion, the color schemes acceptable for exterior roofs and
painting. The Association shall make said determinations both initially
and for any proposed color changes. The association shall endeavor to
maintain the same general color schemes as established by the
Developer.throughout the community.
Section 4. Minimum Dwelling Unit Size: No dwelling unit shall
contain less than 1600 square feet of air conditioned living area. An
enclosed garage for a minimum of two cars shall be provided. The method
of determining the square footage of the enclosed living area shall be
to multiply together the horizontal dimensions of the walls forming the
outer boundaries of the dwelling unit. Open porches, atriums, screened
in patios, courtyards, garages and other similar type space, shall not
be taken into account in calculating the minimum air conditioned
enclosed living area square footage as required herein.
Section 5. Grades and Elevations: Grades and elevations must
be in accordance with Flagler County Building Code. In order to preserve
and maintain proper drainage, no changes in grades or elevation of any
portion of a Lot (including the swale area) shall be made without prior
approval of the Association. Final floor elevations and all other
applicable grades must be shown on the site plan and approved by the
Association prior to construction. The minimum ground floor elevation
shall be 13 feet above sea level for lots 1 through 13 inclusive. No
living area shall be constructed below 13 feet above sea level for lots
1 through 13 inclusive.
Section 6. Drainage Swale: The Lot Owner shall maintain the
drainage swale within or adjacent to the Lot. The location for the
culverts and their invert grades, width and depth shall be such that
they do not interfere or obstruct the overall drainage of the
Subdivision. No driveway shall be constructed, maintained, or permitted
to exist on any Lot if it obstructs or would obstruct or otherwise
impede the flow of surface drainage from adjacent lots within the
Subdivision. It shall be each Lot Owner's sole responsibility to
construct and maintain proper grades and elevations so as not to
interfere with the drainage in the Subdivision and neighboring lots.
Section 7. Setbacks:
(a) All setbacks shall conform to the recorded
plats and Flagler County Building Codes.
(b) All swimming pools and sun decks shall conform
to zoning restrictions and the recorded plats.
Section 8. Maximum Width: The maximum width of a dwelling
unit, including all garages, out buildings and other appurtenances of
any kind, nature or description, on lots 1 through 13 inclusive, shall
be a maximum width of 40 feet. No dwelling unit (with accompanying
garages or other out buildings or appurtenances) constructed on lots 1
through 13 inclusive, may exceed 40 feet in width. This restriction
does not apply to lots 14 through 29 inclusive.
ARTICLE X- EASEMENTS
A. Perpetual easements for installation, construction,
maintenance, operation and inspections of all utilities and drainage for
the benefit of the adjoining land owners, the Developer or any
authority, commission, district, municipality or other agency are
reserved. Additionally, easements are hereby reserved to the Developer
and its assigns for the installation, construction, reconstruction,
maintenance, operation arid. inspection of any and all services and
utilities, including but riot limited, cable television, sidewalks,
drainage, or waterways, which easements shall be confined to a five (5)
feet width along the interior boundaries of the rear and side lot lines
and a ten (10) foot width along the front lot line of every lot. Also,
easements in general in and over each lot for the installation of
electric, gas and telephone facilities for service to the Dwelling Unit
are reserved.
B. Perpetual easements are reserved to The Hammock Beach
Estate Home Owner's Association, Inc. for the maintenance and repair of
any "Developer Improvements" which may be installed or placed upon any
portion of said lot as well as an easement for ingress and egress of
such lot for the purpose of obtaining access thereto.
C. No building, structure, fence, hedge, wall or (decorative
item, such as rocks or posts, shall be erected nor any paving laid or
filling or excavation done within the easement areas provided for in
Paragraph 8(A) herein without the prior written consent of the
Developer. No action shall be taken that would restrict or obstruct the
use of said easements.
D. The plat of Armand Beach Estates identifies a pedestrian
Beach Access Easement. A perpetual nonexclusive easement in favor of all
lot owners and dwelling unit owners is hereby specifically created over
and upon said easement for Pedestrian Beach Access.
ARTICLE IX- EASEMENTS
A. Perpetual easements for installation, construction,
maintenance, operation and inspections of all utilities and drainage for
the benefit of the adjoining land owners, the Association or any
authority, commission, district, municipality or other agency are
reserved. Additionally, easements are hereby reserved to the Association
for the installation, construction, reconstruction, maintenance,
operation, and inspection of any and all services and utilities,
including but not limited, cable television, sidewalks, drainage, or
waterways, which easements shall be confined to a five (5) feet width
along the interior boundaries of the rear and side lot lines and a ten
(10) foot width along the front lot line of every lot. Also, easements
in general in and over each lot for the installation of electric, gas
and telephone facilities for service to the Dwelling Unit are reserved.
B. Perpetual easements are reserved to The Hammock Beach
Estate Home Owner's Association, Inc. for the maintenance and repair of
any "Developer Improvements" which may be installed or placed upon any
portion of said lot as well as an easement for ingress and egress of
such lot for the purpose of obtaining access thereto.
BC. No
building, structure, fence, hedge, wall or decorative item, such as
rocks or posts, shall be erected nor any paving laid or filling or
excavation done within the easement areas provided for in Paragraph IX
(A) herein without the prior written consent of the Association. No
action shall be taken that would restrict or obstruct the use of said
easements.
CD. The plat of
Armand Beach Estates identifies a pedestrian Beach Access Easement. A
perpetual nonexclusive easement in favor of all lot owners and dwelling
unit owners is hereby specifically created over and upon said easement
for Pedestrian Beach Access.
ARTICLE XI- ADDITIONS TO
THE PROPERTIES
Section 1. Annexation. All or any portion of the real property
described in Exhibit "C" attached hereto may be annexed from time to
time to the Properties by the Owner of all or any portion thereof,
whether said Owner be the Developer or its successors, assigns, or
devisees, without any consent of the Association or of the members of
the Association being required. Upon any such annexation, the real
property so annexed shall be subject to all of the terms, conditions,
provisions, limitations, assessment and lien rights, easements and
restrictions contained in this Declaration and the annexing party
thereof and any Owners of residences thereon shall be entitled to all of
the rights and privileges set forth in this Declaration and shall be
subject to all of the burdens imposed by this Declaration including, but
not limited to members in the Association.
Section 2. Developer. The Developer or its successors, assigns
or devisees, from tune to time may, in their sole discretion, cause all
or any portion of the real property described in Exhibit "C" attached
hereto to become subject to the Declaration; but under no circumstances
shall they be required to make any such additions, and no portion of the
real property described in Exhibit "C" shall be subject to or encumbered
by this Declaration until such time as said portion is annexed to the
Properties in accordance with the provisions of this Article XI.
Section 3. Recording. Any annexations to the Properties in
accordance with this Article XL shall be made by recording a
supplementary Declaration of Covenants, Conditions and Restrictions in
the Public Records of Flagler County, Florida, which shall subject the
real property described therein to the terms and conditions of this
Declaration.1
ARTICLE X- ADDITIONS
TO THE PROPERTIES
Section 1. Annexation. The Association, from time to time may,
in their sole discretion, and per Association Amendment procedures, initiate action to allowcause
all or any portion of the real property
within the Armand Beach East Subdivisiondescribed in
Exhibit "C" attached hereto to become subject to thethese Declarations.;
but under no circumstances shall they be required to make any such
additions., and no portion of the real property described in Exhibit "C"
shall be subject to or encumbered by this Declaration until such time as
said portion is annexed to the Properties in accordance with the
provisions of this Article X. Upon any such annexation, the real
property so annexed shall be subject to all of the terms, conditions,
provisions, limitations, assessment and lien rights, easements and
restrictions contained in this Declaration and the annexing party
thereof and any Owners of residences thereon shall be entitled to all of
the rights and privileges set forth in this Declaration and shall be
subject to all of the burdens imposed by this Declaration including, but
not limited to membership in the Association.
Section 2. Recording. Any annexations to the Properties in
accordance with this Article X shall be made by recording a
supplementary Declaration of Covenants, Conditions and Restrictions in
the Public Records of Flagler County, Florida, which shall subject the
real property described therein to the terms and conditions of this
Declaration.
ARTICLE XII- TERMINATION
AND AMENDMENT
Section 1. Except as set forth in Sections 3 and 4, below, the
Developer hereby reserves. the right to amend, modify or rescind all or
any part of this Declaration as it deems necessary or desirable, in its
sole discretion, as long as it is the Owner of any Lot and as long as
such amendment or modification does not substantially adversely change
the Subdivision Plat general scheme of development.
In addition to the foregoing, the Owners of seventy-five (75%)
percent of the Lots, with written consent of Developer, if the Developer
then owns any Lots, may amend, modify or rescind such provisions of this
Declaration as they deem necessary or desirable. Such amendments shall
require the approval of at least two-thirds (2/3) of those Owners who
are present at a meeting duly called at which a majority of members are
present in person or by proxy.
In the event of any amendment or termination hereunder, the President
and Secretary of the Association shall execute a certificate under oath
reciting that the amendment was properly adopted at a meeting duly
called at which a quorum was present in person or by proxy, and at least
a minimum percent of those entitled to cast a vote approved the
amendment; provided, however, that if such amendment or modification
is made solely by the Developer as herein provided, it shall cause an
appropriate certificate to be executed. The foregoing certificates
evidencing approval of the amendment or modification to this Declaration
shall be filed of record in the Public Records of Flagler County,
Florida, along with the amendment or modification adopted. It shall not
be necessary for Owners to join in any document to effectuate the
amendment or modification.
Section 2. If in the future these covenants and restrictions are
amended to create any "right of first refusal", any such right shall
riot impair the rights of a first mortgagee to:
(a) Foreclose or take title to a townhouse (SIC) pursuant to
the remedies provided in the mortgage, or
(b) Accept a deed (or assignment) in lieu of foreclosure in
the event of default by a mortgagor, or
(c) Sell or lease a townhouse (SIC) acquired by the
mortgagee.
Section 3. Notwithstanding the provisions of Section 1, unless at
least two-thirds (2/3) of the first mortgagees (based upon one vote for
each first mortgage owned) or owners (other than the Developer) of the
individual townhouses (SIC) have given their prior written approval, the
Association shall riot be entitled to:
(a) By act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the Recreation Facility owned,
director or indirectly, by such Home Owner's Association for the benefit
of the Owners (the granting of easements for public utilities or for
other public purposes consistent with the intended use of the Recreation
Facility shall not be deemed a transfer within the meaning of this
clause);
(b) change the method of determining the obligations,
assessments, dues or other charges which may be levied against any
individual Lot Owner;
(c) By act or omission change, waive or abandon any scheme
or regulations or enforcement thereof, pertaining to the architectural
design or the exterior appearance of units, the exterior maintenance of
units, the maintenance of the Recreation Facility, party walls arid
parking areas, or the upkeep of laws and plantings;
(d) Fail to maintain fire and extended coverage on the
Recreation Facility on a current replacement cost basis in an amount not
less than one hundred (100%) percent of the insurable value (based on
current replacement cost);
(e) Use hazard insurance proceeds for losses to the
Recreation Facility for other than the repair, replacement or
reconstruction of the Recreation Facility.
Section 4. The Developer intends that the provisions of this
Declaration meet and be consistent with the Federal Home Loan Mortgage
Corporation (FHMLC) Secondary Mortgage Market requirements in effect on
the date hereof. Unless at least two-thirds (2/3) of the first
mortgagees (based upon one vote for each first mortgage owned) or owners
(other than the Developer) have given their prior written approval, not
to be unreasonably withheld, no amendment would disqualify or preclude
the purchase of first mortgages on the FHMLC secondary Mortgage market.
ARTICLE XI-
TERMINATION AND AMENDMENT
Section 1. Except as set forth in Sections 3 and 4, below,
The Association hereby reserves the right to amend, modify or rescind
all or any part of this Declaration as it deems necessary or desirable
and as long as such amendment or modification does not substantially
adversely change the general scheme of development.
Such amendments, modifications, or rescissions shall require the
approval of at least two-thirds (2/3) of those Owners who are present at
a meeting duly called at which a majority of members are present in
person or by proxy.
In the event of any amendment or termination hereunder, the President
and Secretary of the Association shall execute a certificate under oath
reciting that the amendment was properly adopted. The foregoing
certificates evidencing approval of the amendment or modification to
this Declaration shall be filed of record in the Public Records of
Flagler County, Florida, along with the amendment or modification
adopted. It shall not be necessary for Owners to join in any document to
effectuate the amendment or modification.
Section 2. If in the future these covenants and restrictions are
amended to create any "right of first refusal", any such right shall not
impair the rights of a first mortgagee to:
(a) Foreclose or take title to a lot or residence
pursuant to the remedies provided in the mortgage, or
(b) Accept a deed (or assignment) in lieu of foreclosure
in the event of default by a mortgagor, or
(c) Sell or lease a lot or residence acquired by the
mortgagee.
Section 23.
Notwithstanding the provisions of Section 1, unless at least two-thirds
(2/3) of the first mortgagees (based upon one vote for each first
mortgage owned) or lot owners have given their prior written
approval, the Association shall not be entitled to:
(a) By act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the Recreation Facility owned,
directly or indirectly, by such Home Owner's Association for the benefit
of the Owners (the granting of easements for public utilities or for
other public purposes consistent with the intended use of the Recreation
Facility shall not be deemed a transfer within the meaning of this
clause);
(b) Change the method of determining the obligations,
assessments, dues or other charges which may be levied against any
individual Lot Owner;
(c) Use hazard insurance proceeds for losses to the
Recreation Facility for other than the repair, replacement or
reconstruction of the Recreation Facility.
Section 4. The Association intends that the provisions of this
Declaration meet and be consistent with the Federal Home Loan Mortgage
Corporation (FHMLC) Secondary Mortgage Market requirements in effect on
the date hereof. Unless at least two-thirds (2/3) of the first
mortgagees (based upon one vote for each first mortgage owned) or owners
(other than the Developer) have given their prior. Written approval, not
to be unreasonably withheld, no amendment would disqualify or preclude
the purchase of first mortgages on the FHMLC secondary Mortgage market.