COVENANTS AND RESTRICTIONS
STATE OF FLORIDA:
COUNTY OF LEON:
KNOW ALL MEN BY THESE PRESENTS, That this Declaration of Covenants and Restrictions, made and entered into on the 1stday of October, A.D., 1973, by THE ESSEX CORPORATION, A Florida Corporation, hereinafter referred to as Developer.
WHEREAS, Developer is the owner of the real property described in Article I of this Declaration and desires to create thereon a residential community with permanent parks, tennis courts, playgrounds, open spaces, streets, drainage facilities, and other common facilities for the benefit of the said community; and,
WHEREAS, Developer desires to provide for the preservation of the values and amenities in said community and for the maintenance of said parks, playgrounds, tennis courts, entrance areas, entrance gates, street right-of-ways, streets, footways, drainage easements, drainage facilities, street lighting, street signs, including buildings, structures, and personal property incident thereto, and other common facilities, and, to this end, desires to subject the real property described in Article I to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and,
WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and,
WHEREAS, Developer has incorporated under the laws of the State of Florida, as a non-profit corporation, HUNTINGTON ESTATES HOMEOWNERS’ ASSOCIATION, INC., for the purpose of exercising the functions aforesaid;
NOW, THEREFORE, the Developer declares that the real property described in Article I, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as “covenants and restrictions”) hereinafter set forth.
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Leon County, Florida, and is more particularly described as follows and further described by that certain map or plat attached hereto and marked Exhibit “A”.
Begin at a concrete monument marking the Northeast corner of Lot 650 of the Supplementary Map of the Plantation of the Florida Pecan Endowment Company, a subdivision as per map or plat thereof, recorded in Plat Book 1, Page 4 of the Public Records of Leon County, Florida, located in Section 8, Township 1 North; Range 1 West, Leon County, Florida, and run South 89 degrees 56 minutes 56 seconds West along the North boundary of said Lot 650 and a projection thereof, a distance of 695.69 feet to the East boundary of Lot 634 of said Plantation, thence North 00 degrees 55 minutes 31 seconds West along the East boundary of said Lot 634 a distance of 310.07 feet, thence South 89 degrees 56 minutes 32 seconds West a distance of 316.69 feet to the East boundary of Lot 658 of said Plantation, thence North 00 degrees 37 minutes 13 seconds West along the East boundary of said Lot 658 a distance of 60.00 feet, thence North 89 degrees 56 minutes 32 seconds East a distance of 181.16 feet, thence North 33 degrees 55 minutes 53 seconds East a distance of 2.97 feet, thence North 02 degrees 41 minutes 47 seconds West a distance of 80.31 feet, thence North 54 degrees 18 minutes 33 seconds East a distance of 56.33 feet, thence North 70 degrees 49 minutes 07 seconds West a distance of 50.80 feet, thence North 11 degrees 41 minutes 27 seconds West a distance of 60.72 feet, thence North 70 degrees 23 minutes 27 seconds West a distance of 56.87 feet, thence North 18 degrees 39 minutes 33 seconds East a distance of 196.80 feet, thence North 10 degrees 32 minutes 53 seconds East a distance of 67.40 feet, thence North 20 degrees 48 minutes 23 seconds East a distance of 153.00 feet, thence North 39 degrees 03 minutes 57 seconds West a distance of 72.38 feet, thence North 03 degrees 56 minutes 17 seconds West a distance of 83.75 feet, thence North 13 degrees 48 minutes 03 seconds East a distance of 51.85 feet, thence North 28 degrees 36 minutes 57 seconds West a distance of 30.81 feet, thence North 42 degrees 36 minutes 57 seconds West a distance of 92.17 feet, thence North 05 degrees 12 minutes 37 seconds West a distance of 41.78 feet, thence South 73 degrees 03 minutes 16 seconds East a distance of 35.10 feet, thence North 62 degrees 32 minutes 43 seconds East a distance of 37.73 feet, thence North 78 degrees 33 minutes 23 seconds East a distance of 77.86 feet, thence North 50 degrees 01 minute 23 seconds East a distance of 57.85 feet to the Southwesterly right-of-way boundary of Old Bainbridge Road (State Road 157), thence North 39 degrees 14 minutes 03 seconds West along said Southwesterly right-of-way boundary of Old Bainbridge Road (State Road 157) a distance of 866.13 feet, thence South 50 degrees 45 minutes 57 seconds west a distance of 289.86 feet; thence North 84 degrees 19 minutes 35 seconds West a distance of 533.62 feet, thence South 00 decrees 24 minutes 31 seconds East a distance of 556.84 feet, thence South 00 degrees 29 minutes 13 seconds East 337.41 feet, thence South 00 degrees 21 minutes 47 seconds East 1334.22 feet, thence South 75 degrees 14 minutes 22 seconds East a distance of 174.54 feet, thence North 86 degrees 33 minutes 02 seconds East a distance of 141.06 feet, thence South 87 degrees 31 minutes 36 seconds East a distance of 157.80 feet, thence South 31 degrees 25 minutes 02 seconds East a distance of 219.05 feet, thence South 87 degrees 12 minutes 04 seconds East a distance of 68.18 feet, thence South 58 degrees 53 minutes 46 seconds East 162.50 feet, thence North 79 degrees 48 minutes 00 seconds East a distance of 250.78 feet, thence South 59 degrees 49 minutes 26 seconds East a distance of 138.42 feet, thence South 36 degrees 06 minutes 08 seconds West a distance of 211.43 feet, thence South 22 degrees 10 minutes 58 seconds East a distance of 148.29 feet, thence North 83 degrees 46 minutes 56 seconds East a distance of 141.57 feet, thence South 58 degrees 40 minutes 06 seconds East a distance of 93.49 feet, thence North 87 degrees 39 minutes 10 seconds East a distance of 110.43, feet, thence North 65 degrees 16 minutes 48 seconds East a distance of 169.96 feet, thence North 79 degrees 47 minutes 10 seconds East a distance of 112.79 feet, thence North 65 degrees 44 minutes 19 seconds East a distance Of 311.51 feet, thence South 70 degrees 45 minutes 02 seconds East a distance of 400.38 feet, thence South 43 degrees 49 minutes 51 seconds East a distance of 138.62 feet, thence South 33 degrees 55 minutes 24 seconds East a distance of 136.18 feet, thence South 52 degrees 40 minutes 12 seconds East 301.23 feet to Westerly right-of-way of Fred George Road, thence North 04 degrees 00 minutes 05 seconds East along said Westerly right-of-way of Fred George Road a distance of 1110.67 feet, thence North 85 degrees 59 minutes 55 seconds West a distance of 340.01 feet, thence North 69 degrees 53 minutes 28 seconds West a distance of 529.20 feet to the POINT OF BEGINNING; containing 98.60 acres, more or less.
Section 1. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
(a) “Association* shall mean and refer to the Huntington Estates Home Owners’ Association, Inc.
(b) “Board” shall mean and refer to the Board of Directors of the Huntington Estate Home Owners’ Association, Inc.
(c) “Common Properties” shall mean and refer to those areas of land shown on any recorded subdivision map of The Properties and intended to be devoted to the common use and enjoyment of the owners of The Properties.
(d) “Living Area” shall mean and refer to those heated and/or air-conditioned areas which shall not include garages, carports, porches, patios, or storage areas.
(e) “Living unit” shall mean and refer to any portion of a building situated upon The Properties designed and intended for use and occupancy as a residence by a single family.
(f) “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.
(g) “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article Thirty-One, Section 1 hereof.
(h) “owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon The Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
(i) “The Properties” shall mean and refer to all such existing properties, as are subject to this Declaration or any Supplement Declaration under the provisions of Article One, hereof.
(j) “Improvements” shall mean and include structures and construction of any kind, whether above or below the land surfaces, such as, but not limited to, buildings, out-buildings, water lines, electrical and gas distribution facilities, loading areas, packing areas, walkways, paved streets, storm drains, wells, fences, hedges, mass plantings, entrance ways or gates and signs.
(k) “Committee” shall mean and refer to the Architectural Control Committee.
Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by The Association, its respective legal representatives, heirs, successors, and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-Owners of two-thirds of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part, provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every owner at least ninety (90) days in advance of any action taken.
Section 2. Notices. Any notice required to be sent to any Member or Owner, under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.
Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by an appropriate civil proceeding against any person or violating or attempting to violate any covenant or restriction, either to restrain violation or recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision which shall remain in full force and effect.
AMENDMENT OF DECLARATIONS OF COVENANTS AND RESTRICTIONS
The Developer reserves and shall have the sole right (a) to amend these covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein, (b) to include in any contract or deed or other instrument hereafter made any additional covenants and restrictions applicable to the said land which do not lower standards of the covenants and restrictions herein contained, and (c) to release any building plot from any part of the covenants and restrictions which have been violated (including, without limiting the foregoing, violations of building restriction lines and provisions hereof relating thereto) if the Developer, in its sole judgment, determines such violation to be a minor or insubstantial violation.
ADDITIONAL COVENANTS AND RESTRICTIONS
No property owner, without the prior written approval of the Developer, may impose any additional covenants or restrictions on any part of the land shown on the plat of the aforementioned Unit, as more particularly described in Article One hereof.
No improvements, as defined herein, shall be commenced, erected or maintained upon The Properties nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted in duplicate to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by an architectural control committee. The Architectural Control Committee shall have the absolute and exclusive right to refuse, to approve, or to grant a waiver provided any such building plans and specifications and site grading and landscaping plans which justifications are not suitable or desirable in its opinion for any reason, including purely aesthetic reasons connected with future development plans of the Developer of said land or contiguous lands.
ARCHITECTURAL CONTROL COMMITTEE
Membership. The Architectural Control Committee is composed of two members to be appointed by the Developer and a third party to be appointed by the Association. A majority of the committee may designate a representative to act for it. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.
Procedure: The committee’s approval, disapproval, or waiver as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, approval will not be required, and the related covenants shall be deemed to have been fully complied with. At least ten days prior to the commencement of construction, such plans and specifications shall be submitted to the Committee and shall consist of not less than the following: foundation plans, floor plans of all floors, section details, elevation drawings of all exterior walls, roof plan and a plot plan showing location and orientation of all buildings, trees which are nine (9) inches or more in diameter at a height measured three (3) feet above the natural ground elevation, other structures, and improvements proposed to be constructed on the building plot, with all building restriction lines shown. In addition, there shall be submitted to the Architectural Control Committee for approval a description of materials and such samples of building materials proposed to be used as the Architectural Control Committee shall specify and require.
LAND USE AND BUILDING TYPE
No lot shall be used except for residential purposes, and guest houses. No building of any type shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height, and guest houses. When the construction of any building is once began, work thereon shall be prosecuted diligently and continuously until the full completion thereof. The main residence and attached structures shown on the plans and specifications approved by the Architectural Control Committee must be completed in accordance with said plans and specifications within eight months after the start of the first construction upon each building plot unless such completion is rendered impossible as the direct result of strikes, fires, national emergencies or natural calamities. A lot may not be sub-divided into a smaller lot than as shown on the recorded map of Huntington Estates. Two or more lots may be added together and considered as one lot for building purposes only.
A guest house will be permitted as a detached building. The guest house will be subject to all of the restrictions and architectural control of the main residence.
PRESERVATION OF THE NATURAL ENVIROMENT, LAKES AND GREEN AREAS
Section 1. It shall be the express intent and purpose of these Covenants and Restrictions to protect, maintain, and enhance the natural environment and specifically those certain areas designated as Green Areas on maps recorded in the Public Records of Leon County, Florida, by The Essex Corporation. It shall be the further intent and purpose of these Covenants and Restrictions to protect streams, and water supplies, to maintain and enhance the conservation of soils, fish, wildlife, game and migratory birds, enhance the value of abutting and neighboring forest, wildlife preserves, natural reservations of sanctuaries or other open areas and open spaces, and to afford and enhance recreation opportunities and preserve historical sites.
Section 2. Pursuant to its overall program of wildlife conservation and nature study, the right to expressly reserve to the Developer, his successors of assigns, to erect Wildlife feeding stations, to plant small patches of cover and food crops for quail, turkeys, and other wildlife, to make access trails or paths through said Green Areas for the purpose of permitting observation and study of wildlife, hiking and riding, to erect buildings and other facilities for all types of recreation, to erect small signs throughout the Green Area designating points of particular interest and attraction, and to take such steps as are reasonable, necessary and proper to further the aims and purposes of the Green Areas.
Section 3. The general topography of the landscape, or streams, as well distinctive and attractive scenic features such as rock outcrops, the natural vegetation, trees, and any and all other unusual features in the Green Areas shall be continued in their present condition, subject only to the exceptions noted herein.
Section 4. The Developer, its successors and assigns, shall have the right to protect from erosion the land described as Green Areas by planting trees, plants and shrubs where and to the extent necessary or by such mechanical means as bulkheading or other means deemed expedient or necessary by said Developer. The right is likewise reserved to the Developer to take necessary steps to provide and insure adequate drainage ways, canals, and access roads in Green Areas. The Developer, its successors and assigns, shall also have the right to cut fire breaks, cut and remove trees, and in general do all things necessary to carry out the purpose expressed in these sections.
Section 5. The Developer reserves unto itself, its successors and assigns the right to go on, over and under the ground to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities in said Green Areas. These reservations and rights expressly include the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. The Developer further reserves the right to locate wells, pumping stations and tanks, treatment plants, and/or other facilities within such Green Areas. Such rights may be exercised by any licensee of the Company, but this reservation shall not be considered an obligation of the Company to provide or maintain any such utility or service.
Section 6. No dumping, burning, or disposal in any manner of trash, litter, garbage, sewage, woodlands, or any unsightly or offensive material shall be permitted in or upon such Green Area, except Bar-B-Que pits, as is temporary and incidental to the bona fide improvement of the area in a manner consistent with its classification as Green Area. Fires of any and all kinds shall be prohibited except in designated and controlled areas as specified by the Association.
Section 7. No large trees of any kind measuring nine (9) inches or more in diameter at a height measured three (3) feet above the natural ground elevation shall be cut or removed from any lot without the express written approval of the Architectural Control Committee unless located within ten (10) feet of the main dwelling or within ten (10) feet of the approved site for such building.
Section 8. The Developer expressly reserves to itself, its successors and assigns, every reasonable use and enjoyment of said Open Space Areas, in a manner not inconsistent with the provisions of this Declaration.
Section 9. It is expressly understood and agreed that the granting of this easement does in no way place a burden of affirmative action on the Developer, that the Developer is not bound to make any of the improvements noted herein or extend to any Member or owner any service of any kind. The Association shall, however, have the responsibility to maintain such areas as required by governmental authorities. Prior to title being transferred from the Developer to the Association, this responsibility for maintenance shall be that of the Developer if not performed by the Association.
Section 10. Where the Developer, its successors, or assigns, is permitted by these covenants to correct, repair, clean, preserve, clear out or do any action on the restricted property, entering the property and taking such action shall not be deemed a breach of these covenants.
No structure of a temporary character, bomb shelter, tent, shack, tool or storage sheds, barn or other outbuilding of any type shall be located on any site or on any lands shown and/or set aside on a recorded map as Green Areas at any time, unless approved by the Architectural Control Committee.
DWELLING QUANTITY AND SIZE
The main floor area of the main structure, exclusive of one-story porches, garages, carports, and patios shall be not less than 2000 square feet of “Living Area” for a one-story building.
In the event a structure in the aforementioned unit contains more than one story, the ground floor must contain not less than 1500 square feet and must be completely finished as living area, at least 600 square feet of the second-floor area must be completely finished as living area.
(a) No building shall be located on any lot nearer to the front lot line, rear lot line, or nearer to the side street line than the minimum building setback lines shown on the recorded map. In any event, no building shall be located on any lot nearer than 40 feet to the front lot line, or nearer than 30 feet to any side street line.
(b) No building shall be located nearer than 15 feet to an interior lot line and must be at least 30 feet from an existing adjacent house. No dwelling shall be located on any interior lot nearer than 50 feet to the rear lot line.
(c) No driveway shall be located nearer than 5 feet to an interior lot line except a back-up turn-around pad may be located as near as one foot to a property line.
(d) Except as otherwise provided herein, no fence of any kind shall be placed or constructed nearer to the front property line that the building set-back line or the front corner of the residence, whichever is greater. No fence shall be located nearer than 2 inches to an interior lot line.
(e) For the purposes of this covenant, eaves and steps shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building to encroach upon another lot.
No wire fences, including chain-link fences, shall be located on any lot at any time without prior written consent of Architectural Control Committee.
LAND NEAR PARKS AND WATER COURSES
No building Shall be placed nor shall any material or refuse be placed or stored on any lot within 50 feet of the property line of any park or edge of any open water course, except that clean fill may be placed nearer provided that the natural water course is not altered or blocked by such fill, and such clean fill has been approved in writing by the Architectural Control Committee.
EXTERIOR STRUCTURE MATERIALS
The exterior structure material of exterior walls of dwellings must be specifically approved in writing by the Architectural Control Committee.
GARAGES AND CARPORTS
Each Living Unit shall have a functional carport or garage. The carport or garage shall be screened on sides which are visible from the street, which runs in front of the property, in such a manner that objects located within the carport or garage shall be obscured from view from the outside. All garage and carport entrances shall face either a side lot line or the rear lot line. In no instances shall the entrance be permitted to face the front lot line of the property.
DRIVEWAY AND WALKWAY CONSTRUCTION
All driveways shall be constructed of concrete or “hot mix” asphalt or other substances such as crushed rock, if approved by the Architectural Control Committee. All walkways and sidewalks shall be constructed of concrete or brick and have a minimum width of 30 inches.
Nothing, other than automobiles, shall be parked in the driveway. Boats, trailers, and campers shall be parked or stored with the garage or carport or placed behind the residence in such a manner than the vehicles shall not be visible from the street which runs in front of the property.
Exterior radio and television antenna installations must be approved in writing by the Architectural Control Committee.
No individual water supply system of any type shall be permitted on any lot, unless approved in writing by the Architectural Control Committee.
No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the State of Florida and Leon County Health Department. Approval of such system as installed shall be obtained from such department or departments.
Whenever an approved sanitary sewer becomes available within 100 feet of the property, any individual sewage disposal system, device or equipment shall be abandoned and the sewage wastes from the residence discharged to the sanitary sewer through a properly constructed and approved house sewer connection within a reasonable period of time after the availability of said sanitary sewer.
ARTICLE TWENTY ONE
GARBAGE AND REFUSE DISPOSAL
No lot shall be used, maintained, or allowed to become a dumping ground for scraps, litter, leaves, limbs, or rubbish. Trash, garbage or other waste shall not be allowed to accumulate on the property and shall not be kept except in sanitary containers in such a manner to be acceptable to the Architectural Control Committee. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall be located so as not to be visible from a street.
ARTICLE TWENTY TWO
WINDOW AIR-CONDITIONING UNITS
No window air-conditioning units shall be installed in any side or front of a building, and all exterior heating and/or air-conditioning compressors or other machinery shall be located and properly screened in such a manner to be acceptable to the Architectural Control Committee.
ARTICLE TWENTY THREE
No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspaper or magazines or similar material shall be erected or located on any building plot unless and until the size, location, design and type of material for said boxes or receptacles shall have been approved in writing by the Architectural Control Committee. If and when the United States mail service or the newspaper or newspaper involved shall indicate a willingness to make delivery to wall receptacles attached to the residence, each property owner, on the request of the Architectural Control Committee, shall replace the boxes or receptacles previously employed for such purpose or purposes with wall receptacles attached to the residence.
ARTICLE TWENTY FOUR
No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent. All signs must be approved in writing by the Architectural Control Committee.
ARTICLE TWENTY FIVE
Protective screening areas are or shall be established shown on the recorded map. Except as otherwise provided herein regarding street intersections under “Sight Distance At Intersections”, planting, fences or walls shall be maintained throughout the entire length of such areas to form an effective screen for the protection of the residential area. No building or structure except a screen fence or wall or utilities or drainage facilities shall be placed or permitted except for purpose of installation and maintenance of screening, utilities and drainage facilities.
ARTICLE TWENTY SIX
SIGHT DISTANCE AT INTERSECTIONS
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the property lines extended. The same sight-line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a drive-way or alley pavement.
ARTICLE TWENTY SEVEN
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded map. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority, utility company, or the Huntington Estates Home Owners’ Association, Inc. is responsible.
The Developer reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right on, over and under the ground to erect, maintain and use electric and telephones poles, wires, cables, conduits, sewers, water mains, and other suitable equipment, gas, sewer, water or other public conveniences or utilities on, in or over the following areas:
- ten (10) feet along one (1) side of each single-family site.
(2) such other areas as shown on the applicable map; provided further, that the developer may cut drain ways for surface water wherever and whenever such action may be necessary in order to maintain reasonable standards of health, safety and appearance, or to meet governmental requirements. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any licensee of the Company, but this reservation shall not be considered an obligation of the company to provide or maintain any such utility or service.
ARTICLE TWENTY EIGHT
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 that they are not kept, bred or maintained for any commercial purpose and, further, provided that they are not allowed to wander or roam freely about the neighborhood.
ARTICLE TWENTY NINE
OIL AND MINING OPERATIONS
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kinds shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected or maintained for any commercial purpose.
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood or tend to damage or destroy either private or public property.
ARTICLE THIRTY ONE
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. Every person or entity who is a record owner of a fee, or undivided fees, interest in any lot which is subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. The requirement of membership shall not apply to any mortgagee acquiring title by foreclosure or otherwise, pursuant to the mortgage instrument.
Section 2. Voting Rights. The Association shall have two classes of voting membership:
Class A. Class A members shall be all those owners as defined in Section 1 with the exception of the Developer. Class A members shall be entitled to one vote for each lot in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such lot.
Class B. Class B Members shall be the Developers. The Class B Member shall be entitled to two votes for each Lot in which it holds the interest required for membership by Section 1, provided that the Class B membership shall cease and become converted to Class A membership when the total votes outstanding in the Class B membership, at which time the Class B membership shall be determined to be a Class A membership and entitled to vote as such.
ARTICLE THIRTY TWO
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members’ Easements of Enjoyment. Subject to the provisions of Section 3, every member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every lot.
Section 2. Title to Common Properties. The Developer may retain the legal title to the Common Properties 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 maintain the same but, notwithstanding any provisions herein, the Developer hereby covenants, for itself, its successors and assigns, that it shall convey the Common Properties to the Association not later than the 1st day of January, 1980.
Section 3. Extent of Members’ Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
(a) the right of the Developer and of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage the lender shall have a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the Members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; and,
(b) the right of the Association, as provided in its Articles and By-laws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and,
(c) the right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and,
(d) the right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes irrespective of class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least ninety (90) days in advance of any action taken.
ARTICLE THIRTY THREE
COVENANT FOR MAINTENANCE ASSESSMENTS
Section l. Creation of the Lien and Personal Obligation of Assessments. The developer, for each Lot owned by him within the Properties, hereby covenants and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to pay to the Association; (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be issued exclusively for the purpose of promotion the recreation, health, safety, and welfare of the residents in The Properties and in particular for the improvement and maintenance of properties, services, and facilities devoted to the purpose and related to the use and enjoyment of the Common Properties and of the homes situated upon The Properties including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof.
Section 3. Basis and Maximum of Annual Assessments. Until the Year beginning January 1975, the annual assessment shall be Sixty Dollars ($60.00) per lot. From and after January 1, 1975, the annual assessment may be increased by vote of the members, as hereinafter provided, for the next succeeding three (3) years, and at the end of each such period of three (3) years for each succeeding period of three (3) years.
The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at a lesser amount.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
Section 5. Change in Basis and Maximum amount of Annual Assessments. Subject to the limitations of Section 3 hereof, and for the periods therein specified, the Association may change the maximum amount and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such change shall have the assent of a majority of the votes irrespectively of class of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not apply to any change in the maximum amount and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
Section 6. Quorum for any Action Authorized Under Section 4 and 5. The quorum required for any action authorized by Section 4 and 5 hereof shall be as follows:
At the first meeting called, as provided in Section 4 and 5 hereof, the presence at the meeting of Members, or of proxies, entitled to cast sixty (60) per cent of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 4 and 5, and the required quorum at any such subsequent meeting shall be one-half of the required quorum of the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of Annual Assessments. Due Dates. The annual assessment provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement. No assessment shall be due until all promised improvements on property described in Exhibit A have been completed.
The first annual assessments shall be made for the balance of the calendar year and shall become due and payable on the day fixed for commencement. The assessments for any year, after the first year, shall become due and payable on the first day of January of said year and shall be delinquent if not paid within sixty (60) days from due date.
The amount of the annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessments provided for in Section 3 hereof as the remaining number of months in that year bear to twelve. The same reduction in the amount of the assessment shall apply to the first assessment levied against any property which is hereafter added to the properties now subject to assessment at a time other than the beginning of any assessment period.
The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.
Section 8. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement, and the amount of the assessment against each Lot, for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment thereupon shall be sent to every Owner subject thereto.
The Association shall, upon demand, furnish as any time to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 9. Effect of non-payment of Assessment: The Personal Obligation of the Owner; The Lien; Remedies of Association. If the assessments are not paid on the date when due being the dates specified in Section 7 hereof, then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall not pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of seven (7) per cent per annum, and the Association may bring appropriate civil action against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the cost of such action. In the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney’s fee to be fixed by the Court together with the costs of the action.
Section 10 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be absolutely subordinate to the lien of any first mortgage now or hereafter placed upon the properties subject to assessment. The subordination shall not relieve such property from liability for any assessments now or hereafter due and payable, but the lien thereby created shall be secondary and subordinate to any first mortgage as if said lien were a second mortgage, irrespective of when such first mortgage was executed and recorded.
Section 11. Exempt Property. The following property subject to this Declaration sha11 be exempted from the assessments, charges, and liens created herein: (a) all Common Properties as defined in Article II hereof, (b) all properties exempted from taxation by the laws of the State of Florida, upon the terms and to the extent of such legal exemption. Homestead exemption shall not be considered an exemption.
Nor withstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens.
ARTICLE THIRTY FOUR
Section 1. Exterior Maintenance. In addition to maintenance upon the Common Properties, the Association shall have the right to provide maintenance upon vacant lots and shall have the right to provide maintenance upon every improved lot which is subject to assessment under Article Thirty-Three hereof. Such maintenance may include paint, repair, replacement and care of roofs, gutters, downspouts, exterior building surfaces and other exterior improvements. Such maintenance as to a vacant lot may include the mowing of grass and weeds, the trimming of shrubs, or the removal of trash and litter.
Section 2. Assessment of Cost. The cost of such maintenance shall be assessed against the lot upon which such maintenance is done and shall be added to and become part of the annual maintenance assessment or charge to which such Lot is subject and, as part of such annual assessment charge, it shall be a lien against said property as heretofore defined and limited, and a personal obligation to the Owner, as heretofore limited, and shall become due and payable in all respects as provided herein.
ARTICLE THIRTY FIVE
FIRE ARMS AND HUNTING
All types of firearms, including but not limited to shotguns, rifles and pistols, are prohibited from being used, displayed, or carried about the properties.
Hunting of any type, or discharge of any firearms, including pellet guns or B-B guns, is prohibited on the properties covered by these covenants as well as any property owned or maintained by the Huntington Estates Home Owners’ Association, Inc.
ARTICLE THIRTY SIX
All motorized vehicles operating within the area must be properly mufflered so as to eliminate noise which might be offensive to others. Two- and three-wheel motorized vehicles as well as four wheel “go-carts” or “beach buggy” type vehicles are prohibited from using streets and street right-of-ways within Huntington Estates subdivision. This does not apply to vehicles used by the U.S. Post Office Department or by law enforcement agencies.
All vehicles operated in the area are subject to speed limit signs posted in the subdivision.