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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:
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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.
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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.
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HAMMOCK BEACH ESTATES HOMEOWNERS
ASSOCIATION: DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS
(As
drafted by the C&R Committee October --, 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.
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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 as Parcel 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:
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Lots 203 and 204, Armand Beach East
Subdivision, as recorded in Plat Book 8, page
22, Public Records of Flagler County, Florida.
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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.
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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 Dunes Walkover
(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 as Parcel 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.
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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.
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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 assigns Association.
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 to shall 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.
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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.
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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. B
To 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 that Any
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.
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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.
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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
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