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GOVERNING DOCUMENTS, HAMMOCK BEACH ESTATES I. Articles of Incorporation (dated January 24, 1990, recorded February 6, 1990) (Book 0422, Page 0439) Il. By-laws (dated January 24, 1990, recorded February 6, 1990) (Book 0422, Page 0447) III. Declaration of Covenants, Restrictions, and Easements (dated January 24, 1990, recorded February 6, 1990) (Book 0422, Page 0416) SUMMARY OF AMENDMENTS to Declaration of Covenants, Restrictions and Easements, Hammock Beach Estates First Amendment dated October 16, 1990., recorded October 19, 1990 (Book 0439 Page 1238) and re-recorded November 6.1990 (Book 0440. Page 0831) I. Article IX, Section 3(c). Construction Standards.. Materials/Standards. Deleted second sentence and added new paragraph (c) Colors, giving Developer, later Association, greater control over colors after initial construction.II. Article X. Easements. Added new section (d) identifying Pedestrian Beach Access Easement from Armand Beach Estates plat. III. Adds Lots 30-33, Armand Beach Estates. IV. Adds Lots 1-29, Parcel A (stormwater retention area), and Parcel B (road) from Armand Beach Estates plat. V. Adds additional covenants, restrictions, and easements for Lots 1-29, Parcels A and B, only, as follows: (1) Increases minimum square feet from 1250 to 1600. (2) Creates minimum ground floor living area elevation of 13 feet above sea level. (3) Creates maximum width (Lots 1 - 13 only) of 40 feet. (4) Adds Parcel A to "Developer Improvements." (5)(A) Creates easement for Lots 1-29 over Parcel B (road, Ocean Dune Circle). (5)(B) Makes owners of Lots 1-29 responsible for Parcel B roadway through special assessment. (5)(C) Makes Parcel B private roadway consistent with governmental rules and regulations; and allows Developer to erect security gate to be maintained through special assessment of Lots 1-29.(5)(D) Recognizes traffic control devices on roadway subject to governmental requirements.(5)(E) Reserves right to amend to Developer.
Second Amendment dated June 3.1991. recorded ? (Book 0454, Page 0920) Article IX, Section 5. Construction Standards.. Grades and Elevations. Applies minimum ground floor living area elevation of 13 feet above sea level to Lots 1-13 only.
Third Amendment dated January 3.1992. recorded April 6, 1992 (Book 0464. Page 1110)Article III. Section F. Limits signs to one not more than one square foot to indicate name of resident.
Fourth Amendment dated February 12.1998. recorded February 17, 1998 (Book 0605. Page 1609) Removes Lots 15, 16, and 17, Armand Beach East, from Covenants, Restrictions, and Easements.
Fifth Amendment dated February 16.1998. recorded February 17.1998 (Book 0605, Page1606) Adds Lot 40, Armand Beach East, to Covenants, Restrictions, and Easements.
Sixth Amendment dated March 2, 1998. recorded August 12.1998 (Book 0624, Page 0768)Article IX, Section 7. Construction Standards. Setbacks. Eliminates specifications and replaces with conformity to the recorded plats and (for swimming pools and sundecks) zoning restrictions.
Seventh Amendment dated March 2.1998. recorded August 12.1998 (Book 0624. Page 0771)(1) By-laws, Section 3.2. Changes annual members' meeting to 7:00 p.m. on 1st Tuesday in December. (2) By-laws, Section 3.3. Changes required notice of member meetings to be by regular mail.
Eighth Amendment dated November 15.1999. recorded November 19.1999 (Book 0675. Page 0151) Article IX, Section B (added by Amendment on October 16, 1990). Excludes Lot 13 from maximum width requirement of 40 feet.
Ninth Amendment dated October 23.2001. recorded October 24,2001 (Book 0776. Page 0930) I) Article III, Section B. Permits "to the extent permitted by law, home businesses which do not generate significant traffic, noise or odor, or outwardly detract from the residential character of the community." (2) Article III, Section C. Specifies, by way of example, certain "loud and raucous noises" which are prohibited as "noxious or offensive activity" that is "an annoyance or nuisance to the neighborhood." (3) Article III, Section F (as previously amended). Specifies the types, sizes, and kinds of signs which are permissible. (4) Article III, Section G. Removes requirement that all lots shall be kept free of "unsightly weeds and underbrush." (5) Article III, Section J. Removes prohibition against "paved" parking strips. Requires maintenance of lawn and exterior "to the standard set by the Board of Directors. (6) Article III, Section M. Excludes areas shared with Armand Beach East subdivision from requirement that all electrical service, telephone and other utility lines be placed underground. (7) Article III, NEW Section 0. Limits leasing/renting of dwelling units to a minimum of six months. Prohibits leasing of part of dwelling unit. Provides for enforcement.
(8) Article IV, Section 1. Limits previous maintenance requirements to lots "that are improved with a dwelling unit." (9) Article V, Section 3. Changes termination of Development Period from transfer of the last lot to transfer of the one hundred thirty third lot" Empowers Association membership to elect all board members after that time, subject to Developer's right to appoint one member as long as Developer holds at least one lot for sale. (10) Article VI, Section 7. Recreation facility public liability insurance beneficiary changed from Developer to Association, with Developer as additional insured as long as Developer holds at least one lot for sale. (11) Article VII, Section 6. Makes provisions of By-Laws "relating to the imposition and collection of various categories of assessments" enforceable as if contained in C&Rs. (12) Article IX, Section 3(b). Makes Association, after assignment of rights by Developer, the arbiter of materials and standards. Permits, if approved, metal roofing. (13) Article XII, Section 1. Changes requirement that C&R amendment "not substantially adversely change the Subdivision Plat" to requirement that C&R amendment not substantially adversely change the "general scheme of development" Further, alters requirement of seventy-five percent of lot owners to amend C&Rs to "two-thirds of those Owners who are present at a meeting duly called at which a majority of the members are present in person or by proxy. (14) Article XII, Section 5. Adds provision requiring Developer to assign "all rights and privileges" granted by C&Rs to Association no later than conveyance of the one hundred thirty third lot. (15) Article XII, NEW Section 10. Permits enforcement of C&Rs by fines. (16) Article XII, NEW Section 11. Permits enforcement of C&Rs by suspension of rights, including use of facilities, provision of services, and voting. (17) Amendment dated October 16, 1990, Sections III 1 and IV 1. Merely identifies plat book and page. (18) States that right of Developer to unilaterally amend C&Rs does not invalidate right of Association members to amend C&Rs as provided in Article XII. (19) Amendment dated June 3, 1991 (ground floor living area requirement of 13 feet above sea level for lots 1-13) is deleted.
Tenth Amendment dated October 23.2001, recorded October 24,2001 (Book 0776, Page 0941) New Provision. Sub-Association/Armand Beach Estates. Allows establishment of "a separate Homeowner's Association for Lots 1-29" if approved by a 2/3 vote at a meeting "called to vote on this issue." Lots 1-29 would continue to be "encumbered by" the current C&Rs. if created the Armand Beach Estates Association would "determine the costs necessary to properly maintain, repair, and replace Ocean Dune Circle and any other capital improvements" and "assess the same against Lots 1-29 either through an annual fee or special assessment."
Eleventh Amendment dated November 13.2001. recorded November 13,2001 (Book 0780, Page 1531)Makes correction (but not fully) of error in Tenth Amendment.
Twelfth Amendment dated June 12, 2002. recorded June 20,2002 Book (0829. Page 0238) Makes correction of error in Eleventh Amendment. Amendments 1 -12 -- Compiled by Robert Thomason, September 21, 2002
Thirteenth Amendment dated November 14,2003, recorded November 18,2003 (Book 1010 Page 1384) 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") shall have the right to establish a separate Homeowner's Association hereinafter "Armand Beach Estates Homeowners Association") or take over control of said association, if it has been incorporated at no cost to the homeowners -- Changes underlined |