PRESERVE OWNERS COVENANTS:




These days, when you buy a home that is part of a planned, covenanted community, you will most likely pay monthly fees and assessments to a homeowners’ association. If you become delinquent in paying those fees and assessments, the homeowners’ association will be able to get a lien on your home that could lead to a foreclosure.



 WELCOME TO THE PRESERVE


AS AN OWNER OF PROPERTY IN THE PRESERVE, YOU ARE A MEMBER OF THE PRESERVE OWNER’S ASSOCIATION.  TO PRESERVE THE BEAUTY AND VALUE OF YOUR PROPERTY AND ENHANCE YOUR QUALITY OF LIFE, YOUR BOARD OF DIRECTORS PRESENT THIS:




 
THE PRESERVE OWNERS’ ASSOCIATION, INC.
 
 DECLARATIONS
 
OF
 


COVENANTS, CONDITIONS,
 
RESTRICTIONS and EASEMENTS
 


for
 
THE PRESERVE AT SUN ’N LAKE


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Please be sure to read the following section:

ARTICLE IV. Section 4.2

We get more questions regarding this section

then almost any other part of the Covenants !!


 _______________________________________
 
 

Note:  This reproduction of the Covenants, Conditions, Restrictions and Easements is reproduced for the reader’s convenience, and is not intended to change the Covenants, Conditions, Restrictions and Easements which have been approved, executed and filed. 

 
 
 


 
 
 
 
DECLARATION OF
COVENANTS, CONDITIIONS, RESTRICTIONS
And EASEMENTS FOR
THE PRESERVE AT SUN’N LAKE
THIS DECLARATION, made as of the 3rd day of August
1995, by SUN’N LAKE, INC.,
a Delaware corporation (the “Developer”)
 
Statement of Facts:
 

A. The Developer is the owner of the property set forth on Exhibit A hereto (hereinafter referred to as the “Property” or “Preserve”).

 

B. The Developer desires that The Preserve be maintained as a high quality single family residential

 

C. In order to develop and maintain The Preserve as a residential community and to preserve, protect and enhance  the values and amenities thereof, it is necessary to declare, commit and subject the Property and the improvements now and hereafter constructed thereon to covenants, conditions, restrictions, regulations and easements and to delegate and assign to the Association, as hereinafter defined, certain powers and duties of ownership, administration, management, operation, maintenance and enforcement, all as hereinafter set forth and provided.

                                                                         

NOW, THEREFORE, for and in consideration of the premises and for other good and valuable considerations, the Developer, for itself and its successors and assigns, hereby (i) establishes this Declaration of Covenants, Conditions, Restrictions and Easements for The Preserve at Sun’N Lake (the Declaration”), (ii) declares that the Property shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions and regulations which shall run with the title to the Property, and the grantee of any deed conveying any portion of the Property shall be deemed by the acceptance of such deed to have agreed to all such covenants, conditions, restrictions and regulations, and (iii) impose the easements hereinafter referred to and described which shall be perpetual in duration.

 

ARTICLE I.
 

DEFINITIONS

As used in this Declaration, the terms below shall have the following meanings:

 

1.1. “Articles” means the Articles of Incorporation of the Association.

 

1.2. “Association” means the entity known as The Preserve Owners’ Association, Inc., a Florida non-profit corporation.  Unless otherwise specified herein, any actions required of the Association herein may be taken by its Board of Directors.

 

1.3. “Architectural Review Board” means a committee appointed by the Board to exercise the function delegated to it in connection with review and approval of architectural plans for improvement on the Lots and as herein provided.

 

1.4. “Board” means the Board of Directors of the Association, which has been duly elected and qualified in accordance with the Articles of Incorporation and By-Laws of the Association.

 

1.5. “By-Laws” means the By-Laws of the Association.

 

1.6. “Common Areas” mean those tracts, easements or areas of land as may from time to time be designated as such by the Developer pursuant to Section 8.12 hereof.

 

1.7. “Declaration” means this declaration of Covenants, Conditions, Restrictions and Easements for The Preserve at Sun’N Lake and all exhibits attached hereto, as the same may be amended from time to time.

 

1.8. “Developer” means Sun’N Lake, Inc., a Delaware corporation, and its successors and assigns, upon a specific designation to such successors or assignees of the rights of Developer under the Declaration in an instrument recorded in the Public Records of Highlands County, Florida.

 

1.9. “Existing Restrictions” shall mean that Declaration of Restrictions dated October 12,1971, and filed October 18, 1971, in Official Records Book 391, Pages 769-772, Public Records of Highlands County, Florida, as well as that Declaration of Restrictions dated May 1, 1990, and filed May2, 1990, in Official Records Book 1108, Pages 1628-1648, both as thereafter modified.

 

1.10“Institutional Mortgagee” means: a. Any (i) commercial bank; (ii) savings bank; (iii) savings and loan association;  (iv) life insurance company; (v) real estate investment trust; (vi) mortgage banking of lending corporation, association or trust, owning or servicing at least 100 mortgages; (vii) any federal agency, corporation or association, including, without limiting the generality of the foregoing, FHA, VA, FNMA and GNMA; and (viii) any affiliate subsidiary, successor or assignees of the foregoing, holding a mortgage on a Lot; and b. Developer, if and so long as Developer holds a mortgage on a Lot.

 

1.11 “Lots” means all lots within the Preserve, as shown and numbered on a recorded subdivision Plat, and “Lots” or an original Lot and a portion of a subdivided Lot.

 

1.12 “Owner” means the record owner of a Lot.

 

ARTICLE II
 

LAND PLAN

Each of the lots shall be developed and used solely for single family residential use in accordance with this declaration.  No business, commercial, religious, charitable or other enterprise of any kind shall be maintained upon or in connection with the use of any Lot except with the approval of the Architectural Review Board. No residence or part thereof on any Lot shall be rented separately from the rental of the entire Lot. However, the Developer shall have the right to maintain facilities on the Lots owned by the Developer for sales and promotional purposes and for maintenance purposes.

 

ARTICLE III.
 

THE ASSOCIATION

3.1. General.The Association has been organizes, among other things, to the extent set forth in this Declaration, to preserve the beauty and value of all of the Property. The Association shall act in accordance with the terms and provisions of this Declaration, the Articles and the By-Laws.

 

3.2. Membership. Each and ever Owner, (including Developer when an Owner) of a Lot shall be a member of the Association.

 

3.3. Classes. Membership shall be divided into two classes as follows:

 

a. Class A Members shall be all Owners (other than the Developer, so long as                       Class B membership shall exist) owning Lots.

 

b. The Class B Member shall be the Developer. Class A membership shall be appurtenant to ownership of a Lot and shall not be separated from such ownership. Class B membership shall not be so appurtenant, but shall remain with the Developer regardless of the conveyance of Lots to others. The Class B membership shall terminate at the sooner of such times as: (i) The Developer so elects by written notice to the Association. (ii) Seven (7) years from the date of recordation of the Declaration.(iii) Ninety (90) days after the Developer has conveyed seventy-five percent   (75%) of the Lots in The Preserve now owned by Developer to unrelated third parties.

 

3.4. Voting Rights. Until such time as the Class B membership of the Developer is terminated, the Class B Member shall have sole voting rights in the Association and the Class A Members shall have no voting rights except for altering or amending the Articles and By-Laws, which rights shall be as provided in the Articles and By-Laws. After termination of the Class B membership, each Class A Member shall have full voting rights on all matters to come before the Association as provided in the Articles and By-Laws.

 

3.5. Right to Maintain Lots and Buildings Thereon. In order to preserve the beauty, quality, and value of the Property, the Association shall have the right, after giving written notice and failure to cure the same as provided in this section, to enter upon any lot on which exists a violation of a covenant or restriction set forth herein or rules and regulations adopted by the Board, to abate, remove, correct and cure such violation.  Duringany such violation, the Association shall have the right , after giving such notice to the Owner of such Lot by delivery or by depositing the notice in the U.S. Mail, and failure by the Owner to abate, remove, correct and cure the violation within seven (7) days after the delivery or mailing of such notice, to repair and paint buildings exteriors and fixtures attached thereto; to mow,  maintain and clean lawn areas; remove debris and inoperative vehicles and abate any public or private nuisances.  Developer hereby reserves and grants to the Association a perpetual easement appurtenant to, over and across the Lots for ingress and egress to accomplish the foregoing and to preserve the beauty, quality and value of the Property.  Any and all cost of any maintenance of a Lot or structure thereon shall be allocated and assessed by the Board upon the Lot so maintained, and the Association shall have the right:

     

a. To impose a lien on such Lot as provided in Section 7.11;

 

      b. To enforce such lien as provided in Section 7.12.

 

ARTICLE IV.

 

ARCHITECTURAL REVIEW BOARD

4.1. Architectural Review Board.  The Board (the ARB) consisting of not less than three (3) nor more than seven (7) persons who need not to be members of the Association.  Members of the ARB shall serve at the pleasures and direction of the Board.  Members of the Board may serve on the ARB.  A majority of the ARB shall constitute a quorum to transact any business of the ARB, and the action of a majority present at a meeting at which a quorum is present shall determine the action taken by the ARB.  The Board shall have the right to remove any member of the ARB.  Any vacancy occurring on the ARB for any reason whatsoever shall be filled by the Board.  The ARB may designate a representative to act on behalf of the ARB, subject to the approval of the Board.  No member of the ARB or any representative of the ARB shall be entitled to any compensation by the Association for service performed hereunder until such time as the Class B membership of the Developer is terminated.

 

4.2. Power and duties of the ARBWithout prior written approval of the ARB:

 

a. No improvement or structure of any kind, including, with limitation, any building, paved area, wall , fence, swimming pool, screened enclosure, play equipment or basketball unit, shall be erected, placed upon an Lot;

 

b. No landscaping or planting shall be commenced of maintained upon any Lot;

 

c. No trees shall be cut or moved on any Lot; and

 

d. No additions, alterations, modification or change to any such improvement, structure, landscaping or planting shall be maintained on any Lot.

 

4.3. Plans Review.  Following is the procedure for obtaining approval of the ARB:

 

a. Two (2) complete sets of plans and specifications for proposed construction and landscaping shall be submitted to the ARB for its review (the “Plans”), and no foundation shall be poured or constructed or landscaping commenced without the prior approval of the ARB.

 

b. The Board may authorize and direct the ARB to charge a reasonable fee for processing applications for ARB approval provided that no fee shall be required prior to termination of the Class B membership of the Developer.

 

c. The plans shall include, as appropriate, the proposed location, buffering, grade elevation, shape, dimensions, exterior color plans and nature, type and color of exterior materials to be used.  The ARB may also require the submission of additional information and samples of materials as may be reasonably necessary for the ARB to evaluate the proposed construction, landscaping, or alteration.  The ARB shall have the right to refuse to approve the Plans which, which in its sole discretion, are not suitable.

 

d. The ARB shall evaluate all Plans utilizing standards of the highest level as to the esthetics, materials and workmanship and as to suitability and harmony of location, structures and external design in relation to surrounding topography structures and landscaping.

 

e. Any and all approvals or disapprovals of the ARB shall be in writing and shall be delivered to the Board and respective Lot Owner.  In the event The ARB fails to approve or disapprove in writing any Plans within ten (10) days after submission to the ARB of such Plans and all reasonably requested information and samples of materials related thereto, then the Plans shall be deemed to have been approved by the ARB.  If any landscaping or the construction of any improvement or structure or any alteration thereof is commenced and completed without being approved by the ARB or in variance with approved Plans, then such construction or landscaping must be removed or changed to comply with the Plans for such construction or landscaping as approved by the ARB or the Owner of the affected Lot shall, within five (5) days of receipt of notice, apply to the ARB for approval by the ARB or for a modification of the approved Plans, as the case may be (“Remedial Application”).  If an Owner so applies to the ARB, The ARB shall consider the Remedial Application within ten (10) days following receipt of the Remedial Application.  If the ARB disapproves then Remedial Application within ten (10) days, the ARB shall provide the Owner with Plans that are acceptable to the ARB, and the Owner must immediately change such construction of landscaping to comply with such Plans or remove the construction of landscaping.

 

f. The Board shall promulgate such further rules, regulations and application forms as it deems necessary of desirable to carry out the purpose of this Article. 

 

ARTICLE V.
 

ARCHITECTURAL CRITERIA AND BUILDING RESTRICTIONS

5.1. Residential Buildings.  No building shall be erected, placed or permitted to remain on any Lot other than the one (1) detached single-family dwelling and attached garage.  Notwithstanding the foregoing, buildings and structures accessory to the use of the family occupying the dwelling may be erected on the Lot upon approval by the ARB provided that any such accessory building are architecturally compatible in materials and design to the single-family dwelling and do not furnish residential accommodations for an additional family.

 

5.2. Building: Restriction Lines.  No Dwelling shall be located nearer to the front Lot line, the side Lot line, or the rear Lot line than as permitted by the then rules and regulations of Highlands County, Florida.

 

5.3. Minimum Floor Space.  Each single-story dwelling shall be located on a Lot shall contain not less than 1,200 square feet (1,600 square feet in the case of Lots that abut a golf course or preservation area or buffer which abuts a golf course) of livable, enclosed floor area (exclusive of garages and open or screened porches, terraces or patios).

 

5.4. Garages.  Unless otherwise specifically approved by the ARB, no garage, tool shed or storage room may be constructed separate and apart from the dwelling.  Each dwelling shall have an enclosed garage for not less than two (2) cars.  No garage shall be permanently enclosed or converted to other use without the substitution of another garage on the Lot meeting the requirements of this Declaration, and only then with the approval of the ARB.

 

5.5. Driveways.  All dwellings shall have a paved driveway of stable and permanent construction of at least twelve (12) feet in width with five (5) feet of flare at the point of connection to the adjacent roadway.  All driveways shall be constructed with concrete unless otherwise specifically approved by the ARB.  Any coating or paint applied to a driveway must be approved by the ARB.

 

5.6. Recreation Facilities.

 

a. All recreation facilities constructed or erected on a Lot, including, without limitation by specification, swimming pools and any other play or recreation structure, including basketball backboards, platforms, playhouses, dog houses or any other structures of a similar kind of nature (collectively referred to herein as “Recreation Facilities”) shall be adequately approved by the ARB.

 

b. No lighting of a Recreation Facility shall, in any event, be permitted unless otherwise specifically approved by the ARB.

 

c. Lighting of a Recreation Facility shall in any event be designed so as to buffer the surrounding residences as reasonably practical from such lighting.

 

d. No basketball backboards can be attached to a dwelling or any structure connected to a dwelling.

 

5.7. Utility Connections.  Connections for all utilities, including, but not limited to, water, sewage, electricity, telephone and television shall be run underground from the connecting point therefore to the building structure in such a manner as is acceptable to the respective utility authority or company and the ARB.

 

5.8. Air Conditioning Units.  No window or wall air conditioning unit shall be permitted on any Lot.  Compressors and fans for central air conditioning or heat pump systems which are located outside the exterior of a building shall be adequately walled, fenced or landscaped to prevent their being viewable from any street.

 

5.9. Roofs.  All roof coverings shall be architectural dimensional shingles with a minimum weight per square of 225 pounds or tile, with the exception of patio roofs.  Replacement of roofs will also be by one of the above.  The ARB must give approval to roof types and color on roofs and must specifically approve any exceptions, including in the case of any replacement roofs which differ in type or color from the original roof.

 

5.10. Mailboxes.  All mailboxes, paper boxes or other receptacles of any kind for use in the delivery of mail, newspapers, magazines or similar materials shall conform to a standard size, design and material designated by the ARB and shall be installed at a location approved by the ARB.  I the event the United States Postal Service makes available delivery service of mail to individual dwellings located on Lots, the ARB may require that all mailboxes, paper boxes or other such receptacles previously utilized by Owners be attached to dwellings in a form and manner acceptable to the ARB.

 

5.11. Antennae and Aerials – Satellite Dishes.  In the event cable television is available to the Lots, no outdoor television antennae, aerials or satellite dishes shall be permitted on any Lot.  All outdoor antennae, aerials or satellite dishes used for other than television reception or used for television reception during any period that cable television is not available to the Lots may be installed only after approval of the ARB.  Every effort shall be made to install antennae, aerials or satellite dishes in good taste with maximum sheltering through location and vegetation.

 

5.12. Clothes Drying Area.  No clotheslines or other facilities or apparatus for the drying of clothes outside of a dwelling shall be constructed or maintained on a Lot except within an area which shall be adequately walled, fenced or landscaped to prevent the same from being visible at ground level from any street or adjoining Lot.

 

5.13. Signs. The size and design of all signs located on a Lot shall be subject to the approval of the ARB.  No sign of any kind shall be displayed to general view on any Lot except under the following circumstances:

 

a. Directional or traffic signs may be installed by the appropriate governmental authority, by Developer or by the Board and entrance or other identification signs may be installed by or with the consent of the Developer or the Board.

 

b. Developer may display signs on any Lot owned by the Developer.

 

c. One (1) “For Sale” sign not more than four (4) square feet (when measured on one side thereof) may be displayed on the Lot by the Owner or the agent for the Owner thereof.

 

d. A name plate and address plate in size and design approved by the ARB

may be displayed.

 

5.14. Temporary Structures.  No structure of a temporary character, whether a

trailer, tent, shack, garage, barn or any other such building, shall be placed on any Lot; provided, however, a temporary storage shed or out-building for materials and supplies may be used in connection with and during the construction of a dwelling provided that it shall be removed immediately from the Lot upon the completion of such construction.

 

5.15. Out-Buildings.  A permanent out-building for storage of lawn maintenance equipment or such will only be allowed after the ARB has approved such a structure, and any such building shall comply in all regards with the requirements of Section 5.1 above.

 

5.16. Completion of Construction and Repairs.  The construction of any new building or the repair of the exterior of any building damaged by fire or otherwise shall be completed with reasonable promptness.

 

5.17 Sales Office of Developer.  Notwithstanding anything in this Declaration to the contrary, Developer and builders designated by Developer may construct and maintain sale offices, together with signs relating thereto, on a Lot or Lots of its or their choosing until such time as all of the Lots have been sold by Developer.

 

ARTICLE VI.
 

USE RESTRICTIONS AND CONVENANTS

6.1 Residential Use.  The lots shall be used solely for residential purposes and for no other purpose.  No business or commercial building may be erected on any Lot, and no business or commercial activity may be conducted on any Lot except for a sales and marketing program by Developer and builders designated by Developer.

 

6.2. Further Subdivision. No lot shall be divided, subdivided or reduced in size unless each divided or subdivided portion thereof is consolidated with one or more contiguous Lots or portions thereof.  In the event that a Lot is increased in size pursuant to the foregoing, the provisions of this Declaration shall apply thereto as a single Lot.  In no event shall a subdivided Lot contain less area than the smallest Lot contained in the Property.

 

6.3. Maintenance of Exteriors. Each Owner shall maintain the exteriors of all structures of a Lot and any and all fixtures attached thereto and all landscaping thereon in a sightly manner.

 

6.4. Noxious Vegetation. No Owner shall permit the growth of noxious weeds or vegetation upon a Lot or any part between the street pavement and the front property line of a Lot.

 

6.5. Litter. Trash. Garbage.  No garbage, trash, refuse or rubbish shall be deposited, dumped of kept on any Lots except in closed sanitary containers approved by the ARB.  Such containers shall be kept in a sanitary condition in:

     

      a. An enclosed are attached to the dwelling and constructed in a manner

      approved by the ARB; or

 

b. An underground container.  Such containers may be placed on the Lot for pickup at the times and in accordance with the requirements of the franchised or governmental entity providing garbage removal utility service for the property; however, such containers shall be returned to and kept in the enclosed area or underground, as the case may be, promptly after pickup.

 

6.6. Nuisances.  It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on Owner’s Lot.  No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept on any Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property.  No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using the property adjacent of the Lot.  There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property.

 

6.8. Recreation Vehicles. No recreation vehicle, trailer or boat of any kind shall park or be parked at any time on a Lot or adjacent to a Lot unless such vehicle is in a garage or unless the Owner of such vehicle has obtained the approval of the ARB to park such vehicle on the Lot or adjacent to the Lot, provided that any such approval by the ARB shall be for a temporary period not to exceed thirty (30) days.  Maintenance or repair of any such vehicle shall not be permitted upon any Lot except within an enclosed garage.

 

6.9. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose and that they do not cause an unreasonable nuisance or annoyance to other Owners.

 

6.10. Vehicles and Repair. No inoperative cards, trucks or trailers or other type of vehicles will be allowed to remain on or adjacent to any Lot for a period in excess of forty-eight (48) hours; however, this provision shall not apply to any such vehicle which is kept within an enclosed garage.

 

ARTICLE VII.
 

ASSOCIATION EXPENSES, MAINTENANCE FEES AND LIENS

7.1. General. In order for the Association to cause the covenants contained in this Declaration to be fulfilled and to effectuate the provisions hereof in the manner contemplated by this Declaration, the Association will incur certain expenses, which expenses are referred to herein as the “Association Expenses”.

 

7.2. Affirmative Covenant to Pay Association Expenses. Association Expenses shall be paid by the Association from funds assessed and collected from the Owners in the manner set forth in this Declaration, and there is hereby imposed upon each Lot and Owner thereof the affirmative covenant and obligation to pay his respective share of the Association Expenses, which covenant shall run with the land.  Each Owner, by acceptance of a deed or other instrument of conveyance, whether or not it shall be so expressed in such deed or instrument, does hereby agree and covenant to pay the share of Association Expenses allocated pursuant to this Declaration to the Lot of such Owner.  No Owner shall be relieved of liability for payment of his respective share of Association Expenses by non-use or abandonment of his Lot.

 

7.3. Annual Maintenance Fee.  The Association shall assess each Owner for his respective share of Association Expenses by Annual Maintenance Fees determined and payable in the manner provided in Sections 7.5 and 7.6 of this Declaration.

 

7.4. Interest of Owners. No Owner shall have, during the term of the existence of the Association, any interest, right or claim to any of the funds of the Association or funds received or held by the Association under or pursuant to any Annual Maintenance Fees or otherwise.

 

7.5. Annual Maintenance Fee Until Termination of Class B Membership.  Prior to the inception of the fiscal year of the Association in which Class B Membership of the Developer is terminated (the “Development Period”), the Annual Maintenance Fee for Association Expenses which will be assessed upon each Lot which is not owned by the Developer shall be $30.00 in the case of each Lot owned by a Class A Member; provided, however, no Lot or portion thereof which has been subdivided in accordance with the provisions hereof shall be assessed, but, rather, the resulting Lot, so subdivided, shall be so assessed as one Lot.  Such Annual Maintenance Fee shall be paid in advance in quarter-annual installments of $7.50 each.  Whenever an Annual Maintenance Fee for an individual Lot initially begins on other than the first day of the fiscal year of the Association, then such Annual Maintenance Fee shall be proportionately prorated.  Developer covenants that during the Development Period the Annual Maintenance Fee for Association Expenses upon each Lot shall not exceed such stated amount, and that it will pay during the Development Period the deficit, if any, as and when such deficit may occur, between:

 

a. The actual Association Expenses incurred and paid during such period; and

 

b. The total amount of Annual Maintenance Fees collected from Owners for Association Expenses for such period.  Notwithstanding any provisions in this Declaration of the contrary, during the Development Period, Developer and the Lots owned by Developer, will not be liable for the payment of any Association Expenses or assessment except for the amount of such deficits.

 

7.6. Annual Maintenance Fee Commencing After Termination of Class B Membership.  For each and every fiscal year of the Association commencing with the inception of the fiscal year of the Association in which Class B Membership of the Developer is terminated, Annual Maintenance Fees for Association Expenses shall be determined in the manner set forth in this Section 7.6.  The total anticipated expenses for each fiscal year, including reserves as reasonably estimated by the Board, shall be set forth in a budget adopted by the Board (the “Budget”) no later than one month preceding the fiscal year for which the Budget is adopted.  The Association Expenses set forth in the Budget are hereafter referred to as the “Aggregate Annual Maintenance Fee”.  The Annual Aggregate Maintenance Fee shall be divided equally among all the Lots.  The Annual Maintenance Fee allocated to each such Lot as aforedescribed shall be due and payable by the Owner thereof or, if more than one Owner, the Owners, jointly and severally, of each such Lot in four consecutive equal quarter-annual installments, in advance, commencing on the first day of the fiscal year of the Association.  Any Annual Maintenance Fees which shall not be paid within fifteen (15) days after the same become due and payable shall be considered delinquent and shall thereafter bear interest at the rate of provided in Section 7.11 and/or a late fee as determined by the Board.  The Association shall mail to each and every Owner a copy of the Budget specifically indicating the total Association Expenses anticipated for the forthcoming fiscal year and the Annual Maintenance Fee for such year upon each such Lot.

 

7.7. Special Assessment.    In addition to the Annual Maintenance Fee authorized above, the Association may levy against the Owners of Lots in the Property, in any maintenance year, a Special Assessment applicable to that year only for the purpose of (1) defraying, in whole or in part, the cost of any unexpected expenditure not anticipated in the annual budget; or (2) the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto; or (3) for the purposes deemed appropriate by the Association, provided that any assessment pursuant to this item (3) shall have the assent of fifty-one percent (51%) of the total votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.  The due date of said Special Assessment shall be as provided by the resolution adopting such Special Assessment.  A Special Assessment may also be levied against any Owner or Owner(s) by the Association for violations or damages as provided in the Declaration, the Article and By-Laws, and any such Special Assessment shall be due and payable when levied by the Association.

 

7.8. Meeting to Adopt Special Assessment.  Written notice of any meeting called for the purpose of taking any action authorized under Section 7.7 shall be sent to all Owners not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.  At the first such meeting called, the presence of Owners and of proxies entitled to cast thirty-three percent (33%) of the total votes of Owners shall constitute a quorum and if a quorum is not present, another meeting shall be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.  No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.  Notwithstanding anything in the foregoing to the contrary, no meeting shall be required to levy Special Assessments for violations or damages as provided in Section 7.7.

 

7.9. Uniform Maintenance Fees and Special Assessments.   Each Lot shall share equally in all Annual Maintenance Fees and Special Assessments except as provided in Sections 7.5, 7.6 and 7.7 of this Declaration.

 

7.10. Certificate of Payment.  The Association shall furnish to any Owner, upon written request, a certificate in writing setting forth the remaining unpaid balance, if any, of any outstanding Annual Maintenance Fee or Special Assessment, if any, assessed upon the Lot of such Owner and stating whether such Owner has failed to pay when due any such Annual Maintenance Fee of installment thereof or any such Special Assessment.  The Association may charge a reasonable fee for providing the certificate.

 

7.11. Lien/Personal Obligation. Upon the assessment on a Lot of an Annual Maintenance Fee or Special Assessment determined in the manner set forth in this Declaration, such Annual Maintenance Fee or Special Assessment, together with interest thereon from the time the same becomes delinquent, at the highest contract rate permitted by law, and costs of collection, if any, including court costs and reasonable attorney’s fees at trial and appellate levels (the “Total Assessment”), shall be, and are hereby declared to be, a charge and continuing lien on such Lot; provided, however, such lien shall be effective only from and after the time of recording among the Public Records of Highlands County, Florida, of a claim of lien by the Association setting forth the amount of such lien as of the date of execution of such claim of lien and further provided that such lien shall be subject to he provisions of Section 78.13 hereof; and further provided that notwithstanding the foregoing, since the Annual Maintenance Fee is to be paid in quarter-annual installments, such Annual Maintenance Fee shall not constitute a lien unless the quarter-annual installment thereof then due shall not be timely paid in accordance with the provisions hereof.  Upon full payment of all amounts secured by such lien, the party making such payment shall be entitled to receive from the Association a satisfaction of lien in form for recording The Total Assessment shall also be the personal obligation of the person who is the Owner of the Lot at the time the Annual Maintenance Fee and Special Assessment fell due.  Subject to the protection given Institutional Mortgagees in Section 7.13, the personal obligation for the Total Assessment shall pass to and be assumed by the successors-in-title of such Owner.

 

7.12. Remedies.  In the event any Owner fails to pay any Annual Maintenance Fee or Special Assessment within fifteen (15) days after the same becomes due and payable (whereupon have the right to elect on behalf of the Association some or all of the following remedies, which remedies shall not be mutually exclusive, and the election of any one of such remedies shall not be deemed to be a waiver of any other such remedies:

 

a. Acceleration.  The accelerate the entire amount of any Annual Maintenance Fee and/or Special Assessment allocable to the Lot for the remainder of the fiscal year notwithstanding provisions for the payment thereof in installments;

 

b. Foreclosure. To tile at any time after the effective date of a lien arising under Section 7.11, an action to foreclose such lien in like manner as a foreclosure of a mortgage of real property; and

 

c. Action at Law.  Without waiving any lien rights and rights of foreclosure, to file an action at law against the Owner to collect such unpaid Annual Maintenance Fee or Special Assessment, plus interest thereon at the highest contract rate permitted by law, and costs of collection, including court costs and reasonable attorney’s fees at trial and appellate levels.

 

7.13. Institutional Mortgagees.  The lien for Annual Maintenance Fees and Special Assessment provided for in this Declaration shall be subordinate to the lien of any mortgage of a Lot held by an Institutional Mortgagee that is recorded among the Public Records of Highlands County, Florida, prior to the recording of the claim of lien for an Annual Maintenance Fee and/or a Special Assessment.

 

7.14. Exempt Property.  The following subject to this Declaration shall be exempted from the Annual Maintenance Fees and Special Assessments created herein:

 

a. Any parcel of property which serves as an easement or which is dedicated and accepted by a local public authority and devoted to public use; and

 

b. All Common Areas as defined in Section 1.6 hereof.

 

ARTICLE VIII.
 

      GENERAL PROVISIONS                                                                                                                                                                                                  

8.1. Incorporation of the Land Use Documents.  Any and all deeds conveying a Lot shall be conclusively presumed to have incorporated therein all of the terms and conditions of this Declaration.

 

8.2. Release From Minor Violations. Where a building has been erected on a Lot or the construction thereof substantially advanced, in such manner that the same constitutes a violation or violations of the covenants as set forth in Sections 5.2, 5.3, 5.4, and 5.5, either the Developer or the Board may, and each of them shall have the right at any time to, release such Lot from such Section or Sections as are violated; provided, however, that neither the Developer nor the Board shall release a violation or violations of such Section or Sections except as to violations that the party releasing the same shall determine to be minor.

 

8.3. Disputes.  In the event there is any dispute as to whether the use of the Property complies with the covenants and restrictions contained in this Declaration, such dispute shall be referred to the Board, and the determination rendered by the Board with respect to such dispute shall be binding of all parties thereto.

 

8.4. Enforcement.   The covenants and restrictions contained in this Declaration may be enforced by the Developer, the Association, any Owner or Owners, and any Institutional Mortgagee in any judicial proceeding seeking any remedy recognizable at law or in equity, including any action or suit seeking damages, injunction, specific performance of any other form of relief, against any person, firm or entity violating or attempting to violate any covenant or restriction herein.  The failure by any party to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of such covenant or restriction.  The prevailing party in any such litigation shall be entitled to reasonable attorney’s fees and court costs at all trial and appellate levels.  The Developer shall have the right but not the duty to enforce the covenants in this Declaration and by the acceptance of a deed to a Lot each Owner waives any claim whatsoever against Developer with respect to the enforcement of this Declaration.

 

8.5. Notices to Owners. Any notice or other communication required or permitted to be given or delivered under this Declaration to any Owner shall be deemed properly given and delivered upon the mailing thereof by United States mail, postage prepaid, to the last known address of the person whose name appears as the Owner on the records of the Association at the time of such mailing.

 

8.6. Notices to Association. Any notice or other communication required or permitted to be given or delivered under this Declaration to the Association or the ARB shall be deemed properly given and delivered upon the mailing thereof by Certified United States mail, postage prepaid, to the Board or the ARB at 4995 Savona Drive, Sebring, Florida 33872, or at such other address as the Board may hereafter designate by notice to Owners in the manner provided in section 8.5.

 

8.7. Captions. Captions inserted throughout this Declaration are intended only as a matter of convenience and for reference only and in no way shall such captions or headings define, limit or in any way affect any of the term or provisions of this Declaration.

 

8.8. Context. Whenever the context so requires, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and the singular form of any noun or pronoun herein may be deemed to mean the corresponding plural form thereof and vice versa.

 

8.9 Amendment of Restrictions.

 

a. The Developer reserves and shall have the sole right to amend these     covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein;

 

b. The Developer, in addition to the right reserved in a. above, reserves the right without consent or joinder of anyone to amend or alter these covenants and restrictions and any part thereof, until seventy-five percent (75%) of the Lots are sold or until seven (7) years from the date of recording hereof, whichever occurs first from the date of recording hereof, whichever occurs first.

 

8.10. FHA/VA Approval.  As long as there is a Class B Membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration:  Annexation of additional properties, mortgaging of Common Areas, dedication of Common Areas, an amendment of this Declaration, mergers and consolidations, and dissolution and amendment of the articles.

 

8.11. Severability.  In the event any one of the provisions of this Declaration shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, which shall remain in full force and effect.  Without limitation of the foregoing, the invalidation of any of the covenants or restrictions or terms and conditions of this Declaration or a reduction in the term of the same by reason of the legal rule against perpetuities shall in no way affect any other provision which shall remain in full force and effect for such period of time as may be permitted by law.

 

8.12. Annexation. Subject to the provisions of Section 8.10 above, additional residential property and/or common areas may be annexed to the Property at any time prior to the termination of the Class B membership of the Developer. Such addition or annexation shall occur automatically within the sole discretion of the Developer upon the recordation of an amendment to this Declaration using the strictures of this document upon the annexed property.  Following termination of the Class B membership of the Developer, additional residential property and/or common areas may be annexed to the Property with the consent of two-thirds (2/3) of the Owners. Such addition or annexation shall occur automatically within the sole discretion of the Developer upon the recordation of an amendment to this Declaration using the strictures of this document upon the annexed property.  Following termination of the Class B membership of the Developer, additional residential property and/or common areas may be annexed to the Property with the consent of two-thirds (2/3) of the Owners.

 

8.13. Term.  This Declaration and the terms, provisions, conditions, covenants, restrictions, reservations, regulations, burdens and liens contained herein, including, without limitation, the provisions for assessment of Lots, shall run with and bind the Property and inure to the benefit of Developer, the Association, Owners and their respective legal representatives, heirs, successors and assigns for a term of ninety (90) years from the date hereof, after which time this Declaration shall be automatically renewed and extended for successive periods of ten (10) years each unless at least one (1) year prior to the termination of such ninety (90) year time or to each ten (10) year extension, there is recorded in the Public Records of Highlands County, Florida, an instrument agreeing to terminate this Declaration signed by two-thirds (2/3) of all Institutional Mortgagees and two-thirds (2/3) of the Owners, upon which event this Declaration shall be terminated upon the expiration of the ninety (90) year term or the ten (10 year extension during which such instrument was recorded, as the case may be.

 

ARTICLE XI.

 

EXISTING RESTRICTIONS

9.1. The Preserve at Sun ‘N Lake, along with certain other property, was previously subjected to the Existing Restrictions by Highlands County Title and Guaranty Land Company and Highlands Communities, Incorporated.

 

9.2. This Declaration shall not apply in the case of any property subject to the Existing Restrictions, other than The Preserve, unless the property is hereafter annexed hereto in accordance with Paragraph 8.12 hereof.

 

9.3. This Declaration shall be deemed to be in addition to the Existing Restrictions in the case of The Preserve, and in the event of any conflict between the provisions hereof and the Existing Restrictions, the more restrictive shall apply.

 

9.4. It is the intention of Developer that in the case of The Preserve, any approval or other decision of the ARB shall constitute the approval or decision of the Architectural Committee as provided for in the Existing Restrictions.



Exhibit A
 

Lots 2-8, both inclusive, and 16-27, both inclusive, Block 310, and Lots 1-7, both inclusive, Block 311, SUN’N LAKE ESTATES OF SEBRING UNIT 15, according to the plat thereof as recorded in Plat Book 10, Page 3, Public Records of Highlands County, Florida; and

Lots 1 and 5, block 780, SUN’N LAKE ESTATE OF SEBRING UNIT15, according to the Plat thereof as recorded in Plat Book 15, Page 65, Public Records of Highlands County, Florida; and

Lots 2,5 and 7, Block 739, and Lots 1-38, both inclusive, and 40-48, both inclusive, Block 740, and Lots 1-15,both inclusive, Block 741, and Lot 1, Block 742, and Lots 1-10, both inclusive , Block 743, and Lots 1-12, both inclusive, and 19-69, both inclusive , Block 744, and Lots 1-15, both inclusive, Block 745, and Lots 1-6, both inclusive and 8-10,both inclusive, Block 746, and Lots 5-7, both inclusive, Block 747, and Lots 1-3, both inclusive and 5-9, both inclusive, Block 748, and Lots 1-10, both inclusive, Block 749, and Lots1-28, both inclusive and 30,and 32-37, both inclusive, and 39, and 41-42, both inclusive, and 44-47, both inclusive, Block 750, and Lots 4-7, both inclusive, Block 751, and Lots 1-12, both inclusive, and 14, Block 752, and Lots 1-8, both inclusive, Block 753, SUN’N LAKE ESTATES OF SEBRING UNIT 15 R1, according to the Plat thereof recorded in Plat Book 15, Page 64, Public Records of Highlands County, Florida; and

Lots 1-5, both inclusive and 32-36, both inclusive, Block 379, and Lots 1-5, both inclusive, and 20-25, both inclusive, Block 380, and Lots 1-6, both inclusive, and 14-21, both inclusive, Block 381, SUN’N LAKE ESTATES OF SEBRING UNIT 18, according to the Plat thereof as recorded in Plat Book 10, Page 27, Public Records of Highlands County, Florida; and

Lots 1-5, both inclusive, 7-12, both inclusive, and 15-27, both inclusive and Block 484, and Lots 1-12,both inclusive, and 14-24, both inclusive, Block 487, and Lots 2,3, and 4, Block 488, and Lots 1-7, both inclusive, Block 490, and Lots 2-6, both inclusive, 9, an 11-13, both inclusive, Block 491, and Lots 2-8, both inclusive, Block 492 and Lots 1-6, both inclusive, and 14-18, both inclusive, Block 493, SUN’N LAKE ESTATES OF SEBRING UNIT 25, according to the Plat thereof, records in Plat Book 10, Page 47, Public Records of Highlands County, Florida; and

Lots 1-7, both inclusive, Block 730, and Lots 1-26, both inclusive, Block 731, and Lots 1-5, both inclusive, Block 732, and Lots 1-5, both inclusive, Block 733, and Lots 1 and 2, Block 734, and Lots 4-10, both inclusive, Block 735, and Lots1 and 2, Block 736, and Lots 1-8, both inclusive, Block737, and Lot 1, Block 738, SUN’N LAKE ESTATES OF SEBRING UNIT 25, according to the Plat thereof recorded in Plat Book 15, Page 59, Public records of Highlands County, Florida

 

 

 

 

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