HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from...

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Page 1: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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AMBERLEIGH

~( middotltHOMEOWNERS ASS IATION

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lllIlfflll III til rtllllIf 11OR Bk 6175Pg 5539 Olange Co FL 2001-0029267

ARTICLES OF INCORPORATION OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

A CORPORATION NOT-FOR-PROFIT

The undersigned being desirous offorming a cOIporation not for profit under the provisions ofCbapter617 ofthe Florida Statutes hereby subscnbes to these Articles for the purpose offenning acorporation and with the powers herein specified

ARTICLE L NAME

Thename ofthis corporationshaIl be AmberleighHomeowne s ciation Inc (hereinafter referred to as the Association)

ARTICLED

Ronald E Faun whose address is PO Box 735 Oot~ the initial registered agent oftbis Associati

]-1middot77-_ 1IIIIIIIIIIIIImlllll ~ ~~

OR Bk 617Spg 5540 ~

Dr-ange Co FL 2101-0129267

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C Th~ Associationshall have the following powers

gt_ 1 All ofthe powers and privileges granted to corporations not fur profit under the - -laws of the State_ofFlorida as the same may be amended from time to time as therein provided shy

_ 2bullAll ofthe powers reasonably necessary to implement and eftectuate the purposes ofthe Assoclatio~ includiilg without 1imitatiol the power authority and right to undertake all

-powers and-duties set ~orth in the Dec1aration these Articles and Bylaws as the same may be _nded Rom time to time the DecJaration and Bylaws being infP rated herein as ifsetfOrth in

-- -gt _- gt - _ lawtblmeansallcharges3 Therighttotaxl~vyconectandenforcePaymen or assessments pursUant to the terms of the Declaration to pay all incident to the conduct ofthe bUsiness ofilie Association inciucting all lice s or go (frI1Idmtal charges levied or imposed against the property ofthe Association

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111111111 HIIJIIIIIIIIIUl OR Bk amp17SPg 5541

Orange Co FL2801~67

ARTIClE V QUALIFICATION OF MEMBERS

The qualification ofMembers manner oftheir admission to and termination ofmembership ~beasfollows

gt A Every person or entity who is a fee simple records owner ofa fee interest in any Lot which is subject to the DeclaratiOn including contract sellers shall be a Member ofthe Association

The foregoing is not iDtended to include persons or entities who hold an interest merely as security

for the perfornlance ofan obligation Membership shall be appurtenant to and may not be separate from owpership ofany Lot which is subject to the Declaration

D The membership ofanyperson or entity shall be auto ti terminated upon his being divested ofms title or interest insuch Lot provided that nothing h in ntained shall be construed as terminating the membership ofany person or entity owning ree ti e to or fee ownership interest

in two or more Lots at any time while such person or entity 8ball retain ee leto or a fee ownership interest in any Lot

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e thetotal votes outstandingin the Class Amembership equal ihetotal ote outstanding in ~ Class B membership or

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A The business affairs ofthis AsSOCiation~~managed b the oard of Directors who need not be Members ofthe Association The num ofmemllers of e Board ofDirectors shall be threeand the initial Board ofDirectors shall be a p~tedo~e1 eo ant There shall be

three Directors until Class Bmembership ceases After Class emberSmiddot p Directors shall consist offive directors

B The nameS and addresses of erSoilWh until theirsuccessors are appointedo

DIRECTOR

middotRonald E Fenn

v Llu-1itIloenlbeJt~~liii the three directors shall serve for one (1) year and be elected by the me~rs meetlDg At the first meeting after tennination oftbe

ClassB Directors At such meeting the members shall elect ~~ectorStorjlmiddot directoIsfor a te~oftwo years and one director for aterm o(t~ye8rsmiddotand meeting thereafter the members shall elect one or two directors

(Oeingthemiddotsainemiddot as those whose terms have expired) for a term ofthree yearsbull

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111111111111 11111111111111middot DR Bk 61 75 Pg5542 OlsngaCDmiddotFl 2001cjiJ029267middot~f~G~9 =~~t

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U~tUilie reCordati~n ofthe Declaration inthe public records ofOrange County Florida the j ~ inembershipofthe Assooiation shallbe comprisedofthe subscribers to these Articles each ofwhom

middotshallbe entitledto cast one vote on allmatters uponwhichthe membership would be entitled to vote tshy

gt Whenmoxettmnon~pers(mholds aninterest inaLot allsuchpersons shallbemember~ The vote for such LOt shall be exercised by one person as they determine and such person shall be

desigruited as theholder ofthe vote Ifa corporation partnership oint venture or other entity is a r t bull fee Simple title holder to aLot mob entity sball designate one pse as the holder oftbe votemiddotIn no event shall more than one vote be cast with respect to any Lo

ARTICLE Vll BOARD OF DlREC 0

ARTICLE vm OFFICERS shy

gt-iA middot~middotmiddotmiddotThe officers ofilie Association shall be a President one or more Vice Presidents ~ SeCretaryimd Treasurer and ifany the Assistant Secretaries and Assistant Treasurers who shall

~ pe~rmthedutiesofsuch offices o~omari1y performed by like officers ofcorporations inthe State ofFlorida subjectto the directions ofthe Board ofDirectors

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B Officers ofthe Association may be compensated in the manner to be provided in the ~ Bylaws The Board ofDn-ectorsor the President with the approval ofthe Board of Directors maylt einploymiddotamariaging agent~agency andor other managerial and supervisory personnel or entity to ~eroJaSsistintheadministrationoftheoperationandmanage ntoftheCommunityandthe

affairs ofllie Association and any and all such persons andlor e or erson or entity is a Member Director or officer ofthe Association

meeting as ctors at any

fthe Board) no other officer

vote the original Bylaws of the

Mticlesshall re~emiddottheassent ofseventy-flve perc~nt75) of1he r-1eoobe)rs When the Class Bmembersbip ceases and is converted to Class A

~em1JersbiD am~dncentJrrt ~les shall require the assent ofseventy-fiv~ percent (75) of A membership bull bull lt

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ARTICLE XI INDEMNITY

OR Bk 6175_Pg 5544 OYange Co FL 2001-0029267

gt Ev~ry tfuect~r8nd every officer ofthe Association shall be indemnified by the Association agaIDstall expenses and liabilities including attorneys fees reasonably incurred by or imposed upon

hindn co~eQtion with any proceeding to which he may be a party or in which he may become Z involved by reason ofhls being or having been a director or officer at the time such expenses are ~ ~curred except in such cases where the Director or officer is adjudged guilty ofwillful misfeasance or~asanoo in the performance of his duties provided that in ~e event of any claim for

reiinburseinent or indemilification the indemnification herein shall only apply if the Board of Drrectors8pProvessuchsettlementand reimbursement as being inthe bestinterest ofthe Association

Thefoiegoing right ofindemnification shall be in addition to and not exclusive ofall other rights to whioh such Direotor or other officer may be entitled

ARTICLE XII NONmiddotPROFIT STATU

N~ part Qfthe income ofthis corpo~onshall be distnbuted t the embers except upon the dissolution or final liquidation and as permitted by the court having j di ion thereof

ihe ~emcilities to -_~atlbullwvY1mnlrnVI~d District Inthe event that suchdediclltionis r9lil1Sel~~pltanc~suclluis~ets s~M-beuro~grlmteuro~d conveyed and ~igned to any

nonprofit be devoted to such similar purposes 1hisprocedure to Florida Statute 61705

~ -As long as Class B membership the following actions will require prior approval oftheFederfll MOlllSiim Aammmtrationor the Veterans Administration anneXation of additional

propemesmergers mortgaging ofCommon Property dedication of Comon Property disSl)Iution ofthese Articles

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ARTICLE XIIL

nonpr~fit corporationsorganized forthe saD1UUfPOSeSNlrovided have ~e

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This AsSociation may be dis5iOlY~~ members given in personbyproxy than incident to a merger or VV~LV aPpropriate publicagency to be used mtottth for which sociation was created inciliding without limitation the asSjignrJdeQt ~s obligations concerning

The Association shallhave the right to participate in me

assent oftWo-thirds (23) oflIVCJ~I~Qlnenlbel$

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JlfllIlJlIIlIlIlJllfllIlllIll- OR Bk6lmiddot7S p 5545 ARTICLE XVI SUBSCRIBER OrangeComiddotF~~1-0e29267

0 The name and address ofthe subscriber to these Articles is Ronald E Fenn P O Box 735 gt GQtbaoFlo~cia347340745 ~ ~

STATE OF FLORIDA COuNr~ OF ORANGE

--eilt TyenforegohtgArtic1es ofIncorporation wer acknowle beforetbisLZ- (Jatof amp4VA) l~ I byRonald E Fenn who IS personally to me oilllho bas pod~eed

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JIIII m111 1111111111 ftlllll OR Bk 6175 eg5S46 Orange Co FL 2001-1029267

LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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EXHIBIT Bft

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

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SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

5e of the

11111111111111111111 11111111 OR Bk 6175Pg 5548 Dlange Co FL 2001-0029267

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

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ARTICLEIX COMMITTEES

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Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

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20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

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D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

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3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

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20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

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20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

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ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

bull gt

21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 2: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

lllIlfflll III til rtllllIf 11OR Bk 6175Pg 5539 Olange Co FL 2001-0029267

ARTICLES OF INCORPORATION OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

A CORPORATION NOT-FOR-PROFIT

The undersigned being desirous offorming a cOIporation not for profit under the provisions ofCbapter617 ofthe Florida Statutes hereby subscnbes to these Articles for the purpose offenning acorporation and with the powers herein specified

ARTICLE L NAME

Thename ofthis corporationshaIl be AmberleighHomeowne s ciation Inc (hereinafter referred to as the Association)

ARTICLED

Ronald E Faun whose address is PO Box 735 Oot~ the initial registered agent oftbis Associati

]-1middot77-_ 1IIIIIIIIIIIIImlllll ~ ~~

OR Bk 617Spg 5540 ~

Dr-ange Co FL 2101-0129267

~C gt~gt - --

C Th~ Associationshall have the following powers

gt_ 1 All ofthe powers and privileges granted to corporations not fur profit under the - -laws of the State_ofFlorida as the same may be amended from time to time as therein provided shy

_ 2bullAll ofthe powers reasonably necessary to implement and eftectuate the purposes ofthe Assoclatio~ includiilg without 1imitatiol the power authority and right to undertake all

-powers and-duties set ~orth in the Dec1aration these Articles and Bylaws as the same may be _nded Rom time to time the DecJaration and Bylaws being infP rated herein as ifsetfOrth in

-- -gt _- gt - _ lawtblmeansallcharges3 Therighttotaxl~vyconectandenforcePaymen or assessments pursUant to the terms of the Declaration to pay all incident to the conduct ofthe bUsiness ofilie Association inciucting all lice s or go (frI1Idmtal charges levied or imposed against the property ofthe Association

2

111111111 HIIJIIIIIIIIIUl OR Bk amp17SPg 5541

Orange Co FL2801~67

ARTIClE V QUALIFICATION OF MEMBERS

The qualification ofMembers manner oftheir admission to and termination ofmembership ~beasfollows

gt A Every person or entity who is a fee simple records owner ofa fee interest in any Lot which is subject to the DeclaratiOn including contract sellers shall be a Member ofthe Association

The foregoing is not iDtended to include persons or entities who hold an interest merely as security

for the perfornlance ofan obligation Membership shall be appurtenant to and may not be separate from owpership ofany Lot which is subject to the Declaration

D The membership ofanyperson or entity shall be auto ti terminated upon his being divested ofms title or interest insuch Lot provided that nothing h in ntained shall be construed as terminating the membership ofany person or entity owning ree ti e to or fee ownership interest

in two or more Lots at any time while such person or entity 8ball retain ee leto or a fee ownership interest in any Lot

~-

~

1

~

e thetotal votes outstandingin the Class Amembership equal ihetotal ote outstanding in ~ Class B membership or

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A The business affairs ofthis AsSOCiation~~managed b the oard of Directors who need not be Members ofthe Association The num ofmemllers of e Board ofDirectors shall be threeand the initial Board ofDirectors shall be a p~tedo~e1 eo ant There shall be

three Directors until Class Bmembership ceases After Class emberSmiddot p Directors shall consist offive directors

B The nameS and addresses of erSoilWh until theirsuccessors are appointedo

DIRECTOR

middotRonald E Fenn

v Llu-1itIloenlbeJt~~liii the three directors shall serve for one (1) year and be elected by the me~rs meetlDg At the first meeting after tennination oftbe

ClassB Directors At such meeting the members shall elect ~~ectorStorjlmiddot directoIsfor a te~oftwo years and one director for aterm o(t~ye8rsmiddotand meeting thereafter the members shall elect one or two directors

(Oeingthemiddotsainemiddot as those whose terms have expired) for a term ofthree yearsbull

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U~tUilie reCordati~n ofthe Declaration inthe public records ofOrange County Florida the j ~ inembershipofthe Assooiation shallbe comprisedofthe subscribers to these Articles each ofwhom

middotshallbe entitledto cast one vote on allmatters uponwhichthe membership would be entitled to vote tshy

gt Whenmoxettmnon~pers(mholds aninterest inaLot allsuchpersons shallbemember~ The vote for such LOt shall be exercised by one person as they determine and such person shall be

desigruited as theholder ofthe vote Ifa corporation partnership oint venture or other entity is a r t bull fee Simple title holder to aLot mob entity sball designate one pse as the holder oftbe votemiddotIn no event shall more than one vote be cast with respect to any Lo

ARTICLE Vll BOARD OF DlREC 0

ARTICLE vm OFFICERS shy

gt-iA middot~middotmiddotmiddotThe officers ofilie Association shall be a President one or more Vice Presidents ~ SeCretaryimd Treasurer and ifany the Assistant Secretaries and Assistant Treasurers who shall

~ pe~rmthedutiesofsuch offices o~omari1y performed by like officers ofcorporations inthe State ofFlorida subjectto the directions ofthe Board ofDirectors

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B Officers ofthe Association may be compensated in the manner to be provided in the ~ Bylaws The Board ofDn-ectorsor the President with the approval ofthe Board of Directors maylt einploymiddotamariaging agent~agency andor other managerial and supervisory personnel or entity to ~eroJaSsistintheadministrationoftheoperationandmanage ntoftheCommunityandthe

affairs ofllie Association and any and all such persons andlor e or erson or entity is a Member Director or officer ofthe Association

meeting as ctors at any

fthe Board) no other officer

vote the original Bylaws of the

Mticlesshall re~emiddottheassent ofseventy-flve perc~nt75) of1he r-1eoobe)rs When the Class Bmembersbip ceases and is converted to Class A

~em1JersbiD am~dncentJrrt ~les shall require the assent ofseventy-fiv~ percent (75) of A membership bull bull lt

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(1111111111111111111111111~

ARTICLE XI INDEMNITY

OR Bk 6175_Pg 5544 OYange Co FL 2001-0029267

gt Ev~ry tfuect~r8nd every officer ofthe Association shall be indemnified by the Association agaIDstall expenses and liabilities including attorneys fees reasonably incurred by or imposed upon

hindn co~eQtion with any proceeding to which he may be a party or in which he may become Z involved by reason ofhls being or having been a director or officer at the time such expenses are ~ ~curred except in such cases where the Director or officer is adjudged guilty ofwillful misfeasance or~asanoo in the performance of his duties provided that in ~e event of any claim for

reiinburseinent or indemilification the indemnification herein shall only apply if the Board of Drrectors8pProvessuchsettlementand reimbursement as being inthe bestinterest ofthe Association

Thefoiegoing right ofindemnification shall be in addition to and not exclusive ofall other rights to whioh such Direotor or other officer may be entitled

ARTICLE XII NONmiddotPROFIT STATU

N~ part Qfthe income ofthis corpo~onshall be distnbuted t the embers except upon the dissolution or final liquidation and as permitted by the court having j di ion thereof

ihe ~emcilities to -_~atlbullwvY1mnlrnVI~d District Inthe event that suchdediclltionis r9lil1Sel~~pltanc~suclluis~ets s~M-beuro~grlmteuro~d conveyed and ~igned to any

nonprofit be devoted to such similar purposes 1hisprocedure to Florida Statute 61705

~ -As long as Class B membership the following actions will require prior approval oftheFederfll MOlllSiim Aammmtrationor the Veterans Administration anneXation of additional

propemesmergers mortgaging ofCommon Property dedication of Comon Property disSl)Iution ofthese Articles

6

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ARTICLE XIIL

nonpr~fit corporationsorganized forthe saD1UUfPOSeSNlrovided have ~e

i

This AsSociation may be dis5iOlY~~ members given in personbyproxy than incident to a merger or VV~LV aPpropriate publicagency to be used mtottth for which sociation was created inciliding without limitation the asSjignrJdeQt ~s obligations concerning

The Association shallhave the right to participate in me

assent oftWo-thirds (23) oflIVCJ~I~Qlnenlbel$

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JlfllIlJlIIlIlIlJllfllIlllIll- OR Bk6lmiddot7S p 5545 ARTICLE XVI SUBSCRIBER OrangeComiddotF~~1-0e29267

0 The name and address ofthe subscriber to these Articles is Ronald E Fenn P O Box 735 gt GQtbaoFlo~cia347340745 ~ ~

STATE OF FLORIDA COuNr~ OF ORANGE

--eilt TyenforegohtgArtic1es ofIncorporation wer acknowle beforetbisLZ- (Jatof amp4VA) l~ I byRonald E Fenn who IS personally to me oilllho bas pod~eed

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JIIII m111 1111111111 ftlllll OR Bk 6175 eg5S46 Orange Co FL 2001-1029267

LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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EXHIBIT Bft

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

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SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

5e of the

11111111111111111111 11111111 OR Bk 6175Pg 5548 Dlange Co FL 2001-0029267

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

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ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

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_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

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OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 3: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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OR Bk 617Spg 5540 ~

Dr-ange Co FL 2101-0129267

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C Th~ Associationshall have the following powers

gt_ 1 All ofthe powers and privileges granted to corporations not fur profit under the - -laws of the State_ofFlorida as the same may be amended from time to time as therein provided shy

_ 2bullAll ofthe powers reasonably necessary to implement and eftectuate the purposes ofthe Assoclatio~ includiilg without 1imitatiol the power authority and right to undertake all

-powers and-duties set ~orth in the Dec1aration these Articles and Bylaws as the same may be _nded Rom time to time the DecJaration and Bylaws being infP rated herein as ifsetfOrth in

-- -gt _- gt - _ lawtblmeansallcharges3 Therighttotaxl~vyconectandenforcePaymen or assessments pursUant to the terms of the Declaration to pay all incident to the conduct ofthe bUsiness ofilie Association inciucting all lice s or go (frI1Idmtal charges levied or imposed against the property ofthe Association

2

111111111 HIIJIIIIIIIIIUl OR Bk amp17SPg 5541

Orange Co FL2801~67

ARTIClE V QUALIFICATION OF MEMBERS

The qualification ofMembers manner oftheir admission to and termination ofmembership ~beasfollows

gt A Every person or entity who is a fee simple records owner ofa fee interest in any Lot which is subject to the DeclaratiOn including contract sellers shall be a Member ofthe Association

The foregoing is not iDtended to include persons or entities who hold an interest merely as security

for the perfornlance ofan obligation Membership shall be appurtenant to and may not be separate from owpership ofany Lot which is subject to the Declaration

D The membership ofanyperson or entity shall be auto ti terminated upon his being divested ofms title or interest insuch Lot provided that nothing h in ntained shall be construed as terminating the membership ofany person or entity owning ree ti e to or fee ownership interest

in two or more Lots at any time while such person or entity 8ball retain ee leto or a fee ownership interest in any Lot

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e thetotal votes outstandingin the Class Amembership equal ihetotal ote outstanding in ~ Class B membership or

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A The business affairs ofthis AsSOCiation~~managed b the oard of Directors who need not be Members ofthe Association The num ofmemllers of e Board ofDirectors shall be threeand the initial Board ofDirectors shall be a p~tedo~e1 eo ant There shall be

three Directors until Class Bmembership ceases After Class emberSmiddot p Directors shall consist offive directors

B The nameS and addresses of erSoilWh until theirsuccessors are appointedo

DIRECTOR

middotRonald E Fenn

v Llu-1itIloenlbeJt~~liii the three directors shall serve for one (1) year and be elected by the me~rs meetlDg At the first meeting after tennination oftbe

ClassB Directors At such meeting the members shall elect ~~ectorStorjlmiddot directoIsfor a te~oftwo years and one director for aterm o(t~ye8rsmiddotand meeting thereafter the members shall elect one or two directors

(Oeingthemiddotsainemiddot as those whose terms have expired) for a term ofthree yearsbull

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U~tUilie reCordati~n ofthe Declaration inthe public records ofOrange County Florida the j ~ inembershipofthe Assooiation shallbe comprisedofthe subscribers to these Articles each ofwhom

middotshallbe entitledto cast one vote on allmatters uponwhichthe membership would be entitled to vote tshy

gt Whenmoxettmnon~pers(mholds aninterest inaLot allsuchpersons shallbemember~ The vote for such LOt shall be exercised by one person as they determine and such person shall be

desigruited as theholder ofthe vote Ifa corporation partnership oint venture or other entity is a r t bull fee Simple title holder to aLot mob entity sball designate one pse as the holder oftbe votemiddotIn no event shall more than one vote be cast with respect to any Lo

ARTICLE Vll BOARD OF DlREC 0

ARTICLE vm OFFICERS shy

gt-iA middot~middotmiddotmiddotThe officers ofilie Association shall be a President one or more Vice Presidents ~ SeCretaryimd Treasurer and ifany the Assistant Secretaries and Assistant Treasurers who shall

~ pe~rmthedutiesofsuch offices o~omari1y performed by like officers ofcorporations inthe State ofFlorida subjectto the directions ofthe Board ofDirectors

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B Officers ofthe Association may be compensated in the manner to be provided in the ~ Bylaws The Board ofDn-ectorsor the President with the approval ofthe Board of Directors maylt einploymiddotamariaging agent~agency andor other managerial and supervisory personnel or entity to ~eroJaSsistintheadministrationoftheoperationandmanage ntoftheCommunityandthe

affairs ofllie Association and any and all such persons andlor e or erson or entity is a Member Director or officer ofthe Association

meeting as ctors at any

fthe Board) no other officer

vote the original Bylaws of the

Mticlesshall re~emiddottheassent ofseventy-flve perc~nt75) of1he r-1eoobe)rs When the Class Bmembersbip ceases and is converted to Class A

~em1JersbiD am~dncentJrrt ~les shall require the assent ofseventy-fiv~ percent (75) of A membership bull bull lt

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ARTICLE XI INDEMNITY

OR Bk 6175_Pg 5544 OYange Co FL 2001-0029267

gt Ev~ry tfuect~r8nd every officer ofthe Association shall be indemnified by the Association agaIDstall expenses and liabilities including attorneys fees reasonably incurred by or imposed upon

hindn co~eQtion with any proceeding to which he may be a party or in which he may become Z involved by reason ofhls being or having been a director or officer at the time such expenses are ~ ~curred except in such cases where the Director or officer is adjudged guilty ofwillful misfeasance or~asanoo in the performance of his duties provided that in ~e event of any claim for

reiinburseinent or indemilification the indemnification herein shall only apply if the Board of Drrectors8pProvessuchsettlementand reimbursement as being inthe bestinterest ofthe Association

Thefoiegoing right ofindemnification shall be in addition to and not exclusive ofall other rights to whioh such Direotor or other officer may be entitled

ARTICLE XII NONmiddotPROFIT STATU

N~ part Qfthe income ofthis corpo~onshall be distnbuted t the embers except upon the dissolution or final liquidation and as permitted by the court having j di ion thereof

ihe ~emcilities to -_~atlbullwvY1mnlrnVI~d District Inthe event that suchdediclltionis r9lil1Sel~~pltanc~suclluis~ets s~M-beuro~grlmteuro~d conveyed and ~igned to any

nonprofit be devoted to such similar purposes 1hisprocedure to Florida Statute 61705

~ -As long as Class B membership the following actions will require prior approval oftheFederfll MOlllSiim Aammmtrationor the Veterans Administration anneXation of additional

propemesmergers mortgaging ofCommon Property dedication of Comon Property disSl)Iution ofthese Articles

6

- - _

ARTICLE XIIL

nonpr~fit corporationsorganized forthe saD1UUfPOSeSNlrovided have ~e

i

This AsSociation may be dis5iOlY~~ members given in personbyproxy than incident to a merger or VV~LV aPpropriate publicagency to be used mtottth for which sociation was created inciliding without limitation the asSjignrJdeQt ~s obligations concerning

The Association shallhave the right to participate in me

assent oftWo-thirds (23) oflIVCJ~I~Qlnenlbel$

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JlfllIlJlIIlIlIlJllfllIlllIll- OR Bk6lmiddot7S p 5545 ARTICLE XVI SUBSCRIBER OrangeComiddotF~~1-0e29267

0 The name and address ofthe subscriber to these Articles is Ronald E Fenn P O Box 735 gt GQtbaoFlo~cia347340745 ~ ~

STATE OF FLORIDA COuNr~ OF ORANGE

--eilt TyenforegohtgArtic1es ofIncorporation wer acknowle beforetbisLZ- (Jatof amp4VA) l~ I byRonald E Fenn who IS personally to me oilllho bas pod~eed

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LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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EXHIBIT Bft

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

~

SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

5e of the

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

IIIIf 1I111111111111111llffi

OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

i~middotmiddot

~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

- ~

-

ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

-

I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

-~

CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

iraquo~middot ieg~ri~ptiOnofProperiy 1 bullbull bull bull bull bull bull

Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

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or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 4: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

111111111 HIIJIIIIIIIIIUl OR Bk amp17SPg 5541

Orange Co FL2801~67

ARTIClE V QUALIFICATION OF MEMBERS

The qualification ofMembers manner oftheir admission to and termination ofmembership ~beasfollows

gt A Every person or entity who is a fee simple records owner ofa fee interest in any Lot which is subject to the DeclaratiOn including contract sellers shall be a Member ofthe Association

The foregoing is not iDtended to include persons or entities who hold an interest merely as security

for the perfornlance ofan obligation Membership shall be appurtenant to and may not be separate from owpership ofany Lot which is subject to the Declaration

D The membership ofanyperson or entity shall be auto ti terminated upon his being divested ofms title or interest insuch Lot provided that nothing h in ntained shall be construed as terminating the membership ofany person or entity owning ree ti e to or fee ownership interest

in two or more Lots at any time while such person or entity 8ball retain ee leto or a fee ownership interest in any Lot

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e thetotal votes outstandingin the Class Amembership equal ihetotal ote outstanding in ~ Class B membership or

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A The business affairs ofthis AsSOCiation~~managed b the oard of Directors who need not be Members ofthe Association The num ofmemllers of e Board ofDirectors shall be threeand the initial Board ofDirectors shall be a p~tedo~e1 eo ant There shall be

three Directors until Class Bmembership ceases After Class emberSmiddot p Directors shall consist offive directors

B The nameS and addresses of erSoilWh until theirsuccessors are appointedo

DIRECTOR

middotRonald E Fenn

v Llu-1itIloenlbeJt~~liii the three directors shall serve for one (1) year and be elected by the me~rs meetlDg At the first meeting after tennination oftbe

ClassB Directors At such meeting the members shall elect ~~ectorStorjlmiddot directoIsfor a te~oftwo years and one director for aterm o(t~ye8rsmiddotand meeting thereafter the members shall elect one or two directors

(Oeingthemiddotsainemiddot as those whose terms have expired) for a term ofthree yearsbull

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U~tUilie reCordati~n ofthe Declaration inthe public records ofOrange County Florida the j ~ inembershipofthe Assooiation shallbe comprisedofthe subscribers to these Articles each ofwhom

middotshallbe entitledto cast one vote on allmatters uponwhichthe membership would be entitled to vote tshy

gt Whenmoxettmnon~pers(mholds aninterest inaLot allsuchpersons shallbemember~ The vote for such LOt shall be exercised by one person as they determine and such person shall be

desigruited as theholder ofthe vote Ifa corporation partnership oint venture or other entity is a r t bull fee Simple title holder to aLot mob entity sball designate one pse as the holder oftbe votemiddotIn no event shall more than one vote be cast with respect to any Lo

ARTICLE Vll BOARD OF DlREC 0

ARTICLE vm OFFICERS shy

gt-iA middot~middotmiddotmiddotThe officers ofilie Association shall be a President one or more Vice Presidents ~ SeCretaryimd Treasurer and ifany the Assistant Secretaries and Assistant Treasurers who shall

~ pe~rmthedutiesofsuch offices o~omari1y performed by like officers ofcorporations inthe State ofFlorida subjectto the directions ofthe Board ofDirectors

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B Officers ofthe Association may be compensated in the manner to be provided in the ~ Bylaws The Board ofDn-ectorsor the President with the approval ofthe Board of Directors maylt einploymiddotamariaging agent~agency andor other managerial and supervisory personnel or entity to ~eroJaSsistintheadministrationoftheoperationandmanage ntoftheCommunityandthe

affairs ofllie Association and any and all such persons andlor e or erson or entity is a Member Director or officer ofthe Association

meeting as ctors at any

fthe Board) no other officer

vote the original Bylaws of the

Mticlesshall re~emiddottheassent ofseventy-flve perc~nt75) of1he r-1eoobe)rs When the Class Bmembersbip ceases and is converted to Class A

~em1JersbiD am~dncentJrrt ~les shall require the assent ofseventy-fiv~ percent (75) of A membership bull bull lt

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ARTICLE XI INDEMNITY

OR Bk 6175_Pg 5544 OYange Co FL 2001-0029267

gt Ev~ry tfuect~r8nd every officer ofthe Association shall be indemnified by the Association agaIDstall expenses and liabilities including attorneys fees reasonably incurred by or imposed upon

hindn co~eQtion with any proceeding to which he may be a party or in which he may become Z involved by reason ofhls being or having been a director or officer at the time such expenses are ~ ~curred except in such cases where the Director or officer is adjudged guilty ofwillful misfeasance or~asanoo in the performance of his duties provided that in ~e event of any claim for

reiinburseinent or indemilification the indemnification herein shall only apply if the Board of Drrectors8pProvessuchsettlementand reimbursement as being inthe bestinterest ofthe Association

Thefoiegoing right ofindemnification shall be in addition to and not exclusive ofall other rights to whioh such Direotor or other officer may be entitled

ARTICLE XII NONmiddotPROFIT STATU

N~ part Qfthe income ofthis corpo~onshall be distnbuted t the embers except upon the dissolution or final liquidation and as permitted by the court having j di ion thereof

ihe ~emcilities to -_~atlbullwvY1mnlrnVI~d District Inthe event that suchdediclltionis r9lil1Sel~~pltanc~suclluis~ets s~M-beuro~grlmteuro~d conveyed and ~igned to any

nonprofit be devoted to such similar purposes 1hisprocedure to Florida Statute 61705

~ -As long as Class B membership the following actions will require prior approval oftheFederfll MOlllSiim Aammmtrationor the Veterans Administration anneXation of additional

propemesmergers mortgaging ofCommon Property dedication of Comon Property disSl)Iution ofthese Articles

6

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ARTICLE XIIL

nonpr~fit corporationsorganized forthe saD1UUfPOSeSNlrovided have ~e

i

This AsSociation may be dis5iOlY~~ members given in personbyproxy than incident to a merger or VV~LV aPpropriate publicagency to be used mtottth for which sociation was created inciliding without limitation the asSjignrJdeQt ~s obligations concerning

The Association shallhave the right to participate in me

assent oftWo-thirds (23) oflIVCJ~I~Qlnenlbel$

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JlfllIlJlIIlIlIlJllfllIlllIll- OR Bk6lmiddot7S p 5545 ARTICLE XVI SUBSCRIBER OrangeComiddotF~~1-0e29267

0 The name and address ofthe subscriber to these Articles is Ronald E Fenn P O Box 735 gt GQtbaoFlo~cia347340745 ~ ~

STATE OF FLORIDA COuNr~ OF ORANGE

--eilt TyenforegohtgArtic1es ofIncorporation wer acknowle beforetbisLZ- (Jatof amp4VA) l~ I byRonald E Fenn who IS personally to me oilllho bas pod~eed

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LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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EXHIBIT Bft

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

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SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

5e of the

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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ARTICLEIX COMMITTEES

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Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

-~

--

-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

~ ~

-

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

bull gt

21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 5: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

A The business affairs ofthis AsSOCiation~~managed b the oard of Directors who need not be Members ofthe Association The num ofmemllers of e Board ofDirectors shall be threeand the initial Board ofDirectors shall be a p~tedo~e1 eo ant There shall be

three Directors until Class Bmembership ceases After Class emberSmiddot p Directors shall consist offive directors

B The nameS and addresses of erSoilWh until theirsuccessors are appointedo

DIRECTOR

middotRonald E Fenn

v Llu-1itIloenlbeJt~~liii the three directors shall serve for one (1) year and be elected by the me~rs meetlDg At the first meeting after tennination oftbe

ClassB Directors At such meeting the members shall elect ~~ectorStorjlmiddot directoIsfor a te~oftwo years and one director for aterm o(t~ye8rsmiddotand meeting thereafter the members shall elect one or two directors

(Oeingthemiddotsainemiddot as those whose terms have expired) for a term ofthree yearsbull

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U~tUilie reCordati~n ofthe Declaration inthe public records ofOrange County Florida the j ~ inembershipofthe Assooiation shallbe comprisedofthe subscribers to these Articles each ofwhom

middotshallbe entitledto cast one vote on allmatters uponwhichthe membership would be entitled to vote tshy

gt Whenmoxettmnon~pers(mholds aninterest inaLot allsuchpersons shallbemember~ The vote for such LOt shall be exercised by one person as they determine and such person shall be

desigruited as theholder ofthe vote Ifa corporation partnership oint venture or other entity is a r t bull fee Simple title holder to aLot mob entity sball designate one pse as the holder oftbe votemiddotIn no event shall more than one vote be cast with respect to any Lo

ARTICLE Vll BOARD OF DlREC 0

ARTICLE vm OFFICERS shy

gt-iA middot~middotmiddotmiddotThe officers ofilie Association shall be a President one or more Vice Presidents ~ SeCretaryimd Treasurer and ifany the Assistant Secretaries and Assistant Treasurers who shall

~ pe~rmthedutiesofsuch offices o~omari1y performed by like officers ofcorporations inthe State ofFlorida subjectto the directions ofthe Board ofDirectors

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B Officers ofthe Association may be compensated in the manner to be provided in the ~ Bylaws The Board ofDn-ectorsor the President with the approval ofthe Board of Directors maylt einploymiddotamariaging agent~agency andor other managerial and supervisory personnel or entity to ~eroJaSsistintheadministrationoftheoperationandmanage ntoftheCommunityandthe

affairs ofllie Association and any and all such persons andlor e or erson or entity is a Member Director or officer ofthe Association

meeting as ctors at any

fthe Board) no other officer

vote the original Bylaws of the

Mticlesshall re~emiddottheassent ofseventy-flve perc~nt75) of1he r-1eoobe)rs When the Class Bmembersbip ceases and is converted to Class A

~em1JersbiD am~dncentJrrt ~les shall require the assent ofseventy-fiv~ percent (75) of A membership bull bull lt

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ARTICLE XI INDEMNITY

OR Bk 6175_Pg 5544 OYange Co FL 2001-0029267

gt Ev~ry tfuect~r8nd every officer ofthe Association shall be indemnified by the Association agaIDstall expenses and liabilities including attorneys fees reasonably incurred by or imposed upon

hindn co~eQtion with any proceeding to which he may be a party or in which he may become Z involved by reason ofhls being or having been a director or officer at the time such expenses are ~ ~curred except in such cases where the Director or officer is adjudged guilty ofwillful misfeasance or~asanoo in the performance of his duties provided that in ~e event of any claim for

reiinburseinent or indemilification the indemnification herein shall only apply if the Board of Drrectors8pProvessuchsettlementand reimbursement as being inthe bestinterest ofthe Association

Thefoiegoing right ofindemnification shall be in addition to and not exclusive ofall other rights to whioh such Direotor or other officer may be entitled

ARTICLE XII NONmiddotPROFIT STATU

N~ part Qfthe income ofthis corpo~onshall be distnbuted t the embers except upon the dissolution or final liquidation and as permitted by the court having j di ion thereof

ihe ~emcilities to -_~atlbullwvY1mnlrnVI~d District Inthe event that suchdediclltionis r9lil1Sel~~pltanc~suclluis~ets s~M-beuro~grlmteuro~d conveyed and ~igned to any

nonprofit be devoted to such similar purposes 1hisprocedure to Florida Statute 61705

~ -As long as Class B membership the following actions will require prior approval oftheFederfll MOlllSiim Aammmtrationor the Veterans Administration anneXation of additional

propemesmergers mortgaging ofCommon Property dedication of Comon Property disSl)Iution ofthese Articles

6

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ARTICLE XIIL

nonpr~fit corporationsorganized forthe saD1UUfPOSeSNlrovided have ~e

i

This AsSociation may be dis5iOlY~~ members given in personbyproxy than incident to a merger or VV~LV aPpropriate publicagency to be used mtottth for which sociation was created inciliding without limitation the asSjignrJdeQt ~s obligations concerning

The Association shallhave the right to participate in me

assent oftWo-thirds (23) oflIVCJ~I~Qlnenlbel$

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JlfllIlJlIIlIlIlJllfllIlllIll- OR Bk6lmiddot7S p 5545 ARTICLE XVI SUBSCRIBER OrangeComiddotF~~1-0e29267

0 The name and address ofthe subscriber to these Articles is Ronald E Fenn P O Box 735 gt GQtbaoFlo~cia347340745 ~ ~

STATE OF FLORIDA COuNr~ OF ORANGE

--eilt TyenforegohtgArtic1es ofIncorporation wer acknowle beforetbisLZ- (Jatof amp4VA) l~ I byRonald E Fenn who IS personally to me oilllho bas pod~eed

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LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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EXHIBIT Bft

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

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SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

5e of the

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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ARTICLEIX COMMITTEES

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Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

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OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

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su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

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Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

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OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

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ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

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ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

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or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 6: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

ARTICLE vm OFFICERS shy

gt-iA middot~middotmiddotmiddotThe officers ofilie Association shall be a President one or more Vice Presidents ~ SeCretaryimd Treasurer and ifany the Assistant Secretaries and Assistant Treasurers who shall

~ pe~rmthedutiesofsuch offices o~omari1y performed by like officers ofcorporations inthe State ofFlorida subjectto the directions ofthe Board ofDirectors

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B Officers ofthe Association may be compensated in the manner to be provided in the ~ Bylaws The Board ofDn-ectorsor the President with the approval ofthe Board of Directors maylt einploymiddotamariaging agent~agency andor other managerial and supervisory personnel or entity to ~eroJaSsistintheadministrationoftheoperationandmanage ntoftheCommunityandthe

affairs ofllie Association and any and all such persons andlor e or erson or entity is a Member Director or officer ofthe Association

meeting as ctors at any

fthe Board) no other officer

vote the original Bylaws of the

Mticlesshall re~emiddottheassent ofseventy-flve perc~nt75) of1he r-1eoobe)rs When the Class Bmembersbip ceases and is converted to Class A

~em1JersbiD am~dncentJrrt ~les shall require the assent ofseventy-fiv~ percent (75) of A membership bull bull lt

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ARTICLE XI INDEMNITY

OR Bk 6175_Pg 5544 OYange Co FL 2001-0029267

gt Ev~ry tfuect~r8nd every officer ofthe Association shall be indemnified by the Association agaIDstall expenses and liabilities including attorneys fees reasonably incurred by or imposed upon

hindn co~eQtion with any proceeding to which he may be a party or in which he may become Z involved by reason ofhls being or having been a director or officer at the time such expenses are ~ ~curred except in such cases where the Director or officer is adjudged guilty ofwillful misfeasance or~asanoo in the performance of his duties provided that in ~e event of any claim for

reiinburseinent or indemilification the indemnification herein shall only apply if the Board of Drrectors8pProvessuchsettlementand reimbursement as being inthe bestinterest ofthe Association

Thefoiegoing right ofindemnification shall be in addition to and not exclusive ofall other rights to whioh such Direotor or other officer may be entitled

ARTICLE XII NONmiddotPROFIT STATU

N~ part Qfthe income ofthis corpo~onshall be distnbuted t the embers except upon the dissolution or final liquidation and as permitted by the court having j di ion thereof

ihe ~emcilities to -_~atlbullwvY1mnlrnVI~d District Inthe event that suchdediclltionis r9lil1Sel~~pltanc~suclluis~ets s~M-beuro~grlmteuro~d conveyed and ~igned to any

nonprofit be devoted to such similar purposes 1hisprocedure to Florida Statute 61705

~ -As long as Class B membership the following actions will require prior approval oftheFederfll MOlllSiim Aammmtrationor the Veterans Administration anneXation of additional

propemesmergers mortgaging ofCommon Property dedication of Comon Property disSl)Iution ofthese Articles

6

- - _

ARTICLE XIIL

nonpr~fit corporationsorganized forthe saD1UUfPOSeSNlrovided have ~e

i

This AsSociation may be dis5iOlY~~ members given in personbyproxy than incident to a merger or VV~LV aPpropriate publicagency to be used mtottth for which sociation was created inciliding without limitation the asSjignrJdeQt ~s obligations concerning

The Association shallhave the right to participate in me

assent oftWo-thirds (23) oflIVCJ~I~Qlnenlbel$

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JlfllIlJlIIlIlIlJllfllIlllIll- OR Bk6lmiddot7S p 5545 ARTICLE XVI SUBSCRIBER OrangeComiddotF~~1-0e29267

0 The name and address ofthe subscriber to these Articles is Ronald E Fenn P O Box 735 gt GQtbaoFlo~cia347340745 ~ ~

STATE OF FLORIDA COuNr~ OF ORANGE

--eilt TyenforegohtgArtic1es ofIncorporation wer acknowle beforetbisLZ- (Jatof amp4VA) l~ I byRonald E Fenn who IS personally to me oilllho bas pod~eed

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LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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EXHIBIT Bft

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

~

SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

i~middotmiddot

~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

-

I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

-~

CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

iraquo~middot ieg~ri~ptiOnofProperiy 1 bullbull bull bull bull bull bull

Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

-~

--

-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

~ ~

-

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

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Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

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Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 7: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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ARTICLE XI INDEMNITY

OR Bk 6175_Pg 5544 OYange Co FL 2001-0029267

gt Ev~ry tfuect~r8nd every officer ofthe Association shall be indemnified by the Association agaIDstall expenses and liabilities including attorneys fees reasonably incurred by or imposed upon

hindn co~eQtion with any proceeding to which he may be a party or in which he may become Z involved by reason ofhls being or having been a director or officer at the time such expenses are ~ ~curred except in such cases where the Director or officer is adjudged guilty ofwillful misfeasance or~asanoo in the performance of his duties provided that in ~e event of any claim for

reiinburseinent or indemilification the indemnification herein shall only apply if the Board of Drrectors8pProvessuchsettlementand reimbursement as being inthe bestinterest ofthe Association

Thefoiegoing right ofindemnification shall be in addition to and not exclusive ofall other rights to whioh such Direotor or other officer may be entitled

ARTICLE XII NONmiddotPROFIT STATU

N~ part Qfthe income ofthis corpo~onshall be distnbuted t the embers except upon the dissolution or final liquidation and as permitted by the court having j di ion thereof

ihe ~emcilities to -_~atlbullwvY1mnlrnVI~d District Inthe event that suchdediclltionis r9lil1Sel~~pltanc~suclluis~ets s~M-beuro~grlmteuro~d conveyed and ~igned to any

nonprofit be devoted to such similar purposes 1hisprocedure to Florida Statute 61705

~ -As long as Class B membership the following actions will require prior approval oftheFederfll MOlllSiim Aammmtrationor the Veterans Administration anneXation of additional

propemesmergers mortgaging ofCommon Property dedication of Comon Property disSl)Iution ofthese Articles

6

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ARTICLE XIIL

nonpr~fit corporationsorganized forthe saD1UUfPOSeSNlrovided have ~e

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This AsSociation may be dis5iOlY~~ members given in personbyproxy than incident to a merger or VV~LV aPpropriate publicagency to be used mtottth for which sociation was created inciliding without limitation the asSjignrJdeQt ~s obligations concerning

The Association shallhave the right to participate in me

assent oftWo-thirds (23) oflIVCJ~I~Qlnenlbel$

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JlfllIlJlIIlIlIlJllfllIlllIll- OR Bk6lmiddot7S p 5545 ARTICLE XVI SUBSCRIBER OrangeComiddotF~~1-0e29267

0 The name and address ofthe subscriber to these Articles is Ronald E Fenn P O Box 735 gt GQtbaoFlo~cia347340745 ~ ~

STATE OF FLORIDA COuNr~ OF ORANGE

--eilt TyenforegohtgArtic1es ofIncorporation wer acknowle beforetbisLZ- (Jatof amp4VA) l~ I byRonald E Fenn who IS personally to me oilllho bas pod~eed

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LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

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SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

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ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

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ARTICLEIX COMMITTEES

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Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

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ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

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su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

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Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

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OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 8: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

JlfllIlJlIIlIlIlJllfllIlllIll- OR Bk6lmiddot7S p 5545 ARTICLE XVI SUBSCRIBER OrangeComiddotF~~1-0e29267

0 The name and address ofthe subscriber to these Articles is Ronald E Fenn P O Box 735 gt GQtbaoFlo~cia347340745 ~ ~

STATE OF FLORIDA COuNr~ OF ORANGE

--eilt TyenforegohtgArtic1es ofIncorporation wer acknowle beforetbisLZ- (Jatof amp4VA) l~ I byRonald E Fenn who IS personally to me oilllho bas pod~eed

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LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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EXHIBIT Bft

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

~

SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

5e of the

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

-

I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

iraquo~middot ieg~ri~ptiOnofProperiy 1 bullbull bull bull bull bull bull

Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

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ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

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Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

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ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

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or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 9: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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LegalD~oriptiori ~fPIoPerty

Thaipart ofthe South ofthe Southwest 114 ofSection 25 Townsbip 22 South Range 27 East lYing We~ ofthe Wmter Garden and BeUlahRoad (Jess and except the North 58700 feet thereot) Sald propertylying in Orange County Flo~

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BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

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SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

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ARTICLEIX COMMITTEES

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Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

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su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

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IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

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OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

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or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 10: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

t 11111111111 II ~ 111111 III

OR Bk 61S_pg 5547 Orange Co FL 2001-00292amp7

BYLAWS OF

AMBERLEIGH HOMEOWNERS ASSOCIATION INC

ARTICLE I

NAME AND LOCATION The name ofthe corporation is AMBERLEIGH HOMEOWNERS ASSOCIATION INC hereinafter referred to as the Associationraquo The priJleipal office ofthe corporation shall be located at 2220 Hempel venue Gotha Florida 34734

but meetings ofmembers aDd directors may be held at such places bull the State ofFlorida CoUnty ofOrange as may be designated by the Board ofDirecto bull

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EXHIBIT Bft

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I

Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

~

SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

5e of the

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

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ARTICLEIX COMMITTEES

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Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

iraquo~middot ieg~ri~ptiOnofProperiy 1 bullbull bull bull bull bull bull

Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

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bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

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or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 11: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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Section 7 ~ec~on shan mean and refer to the Declaration of Coveuarits Conditions eurouid Restrictions applicable to the Properties recorded inthe Public Records Orange Co1nitY Florida

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SectionS Memoor~ __shalimean and refe~ to those persons entitled to membership as pr01dedin th~ DeClaration

ARTICLEm MEETING OF MEMBERS

Section 1 AnnualMeetings The first amual meeting ofth~emlllem shall be held within oneyear from the date ofincOJporati~ ofthe Association and h uentregular annual Dieetitig ofthe members shall be held in the same month each year er at the hour ofseven

oclock PM or at such 9ther time or designated by the Board ofD

Section 2 -Special Meetings Special mee~ by the piesident orbY the Board ofDirectors or up written entitled to vote(gtne-roorth (114) ofallthe votes oftha

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entitled clation specifY

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11111111111111111111 11111111 OR Bk 6175Pg 5548 Dlange Co FL 2001-0029267

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

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ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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ARTICLEIX COMMITTEES

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Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

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_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

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su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

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OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 12: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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ARTICLEIV

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B9ARDOFDIRECTORS SELECTION TERMOFOFFlCE

S~tion-1 Number The afiBirs ofthis Association sball be initially managed by a board oftbree (3) middotdirectors who need not be members ofthe Association The initiaJ directors shall be Ronald E Fe~Deborah A Fenn and Suresh Gupta The board sball consist ofthree directors who are elected annually at the annual meeting until Class B Membership ceases as set forth in the Declaration After Class B Membersbip ceases the board sball cOllSist oftive (5) directors who are each members ofthe Association

Section 2 Term ofOffice The term ofoffice for the two (2) directors shall be one year until ~ Class Bmembership ceases After the Class B membership c s the members shall elect

two directors for a termofoneyear two directorsfor a term oftwo and one director for a term ofthree years and at each annual meeting thereafter the members leet one or two directors (being the sanle number ofdirectors as those whose terms have exp ed) r a term ofthree years

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

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I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

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CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

bull gt

21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

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IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

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OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 13: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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I - L Section 2 EleCtion Election to the Board ofDirectors shall be by secret written ballot At I

Such election the members or their proxies may cast in respect to each vacancy as many votes as I

middotmiddottheyareentitledto exerclSe undertheprovisionsofthe Declaration The persons receiving the largest nUmber ofvotes shall be elected Cumulative voting isnot permitted bull

r ARTICLE VI MEETING OF DIRECTORS J

II section 1 RegularMeetings Regular meeting of the Board ofDirectors shall be held

quarterly without notice at such place and hOur as may be fixed from time to time by resolution of I I

the Bom Should said meetingtall upon a legal holiday thenthat meeting shall be held at the same I time on the next day which is not a legal holiday I

Section 2 SpeclalMeetings Special meetings ofthe Board f ors shall be held when called by the president ofthe Association or by any two directors n t less than three (3) days notice to each directorbull

Section3 Quorwri Amajorityofthenumher llutitpte aquorumfor the directors present the Board

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OR Bk 6175Jamp 5550 Orange CoFL 1-~9267

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

-

I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

-~

CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

iraquo~middot ieg~ri~ptiOnofProperiy 1 bullbull bull bull bull bull bull

Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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13

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16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 14: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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S~on2 middot DutiesRsball be the dutY ofthe Board ofDirectors to

(a) middotcaUse to be kept a complete record ofan its acts and corporate affitirs and to present aStatement thereofto the members at the annual meeting of the members or at any

specialmeetingwhensuchstatement isrequested inwritingbyone-fourth (114) ofthe Class A members who are entitled to vote

middot (b) superviseall officers agents and employees ofthis Association and to see that their duties are properly performed

(e) as more fully providedinthe DeclaratioDt to (1) fix the amount ofthe annualassessmem against eachLot at least (30) days in

advance ofeach annual assessment periodj (2) sendwrittennotice ofeachassessmentto ev---er subjectthereto at least

thirty (30) days in advance ofeach annual ent period and (3) foreclose the lien against any property for w ch ents are not paid

within thirty (30) days after due date orto bull an on at law against the owner personally obligated to p

middot (d) issue or to cause an appropriate offi to certificate setting forth whether or not any m n aid A reaSonable chargemaybe made by theBoardfot the issuanc these bull es Ifa certificate

states an assessment hasEn ~ertificateSnaU be concl we evidence of such payment

(e) procure and maintain ad ~d insurance on lOp rty owned by the Association

middot (f) cause all officers or e 1 e 5 having fiscal spa ibllities to be nd as it may deem appropriate

(g) cause the CommonArea

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OR Bk 6175PJ 5551 Orange Co FL 2001-0029267

~1 ~~OfO~ officers o~~ciatkgtn shan ~president and VlC~Sl~el who at ttmesbeme oftheBardofDJrect~rsandasecretarytreasurer aruI suc~er officers thea~ 0 time to time by resolution create

lt Sectiori 2 middot~iecti~il 0 m~ electionofoffic~s shall take place at th~ ~meeting of the Board ofD~~ ors allowing ~hannualmeeting ofthe members

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Seciion3middot T e officerS ofthis Associationsballbe elected imnualIyby the Board and

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Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

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~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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-

ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

-

I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

-~

CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

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bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

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66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

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su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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lt -9~~ ~~ce i and liability insurance a

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GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 15: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

Section 4 Special Appointments the Associationmay reqUire each ofwhom shallhold office for such period have suchautborly aDd

The Board may elect suchother officerS as the ~ of

perfonn sUch duties as the Board may from time to Dme7 determine

SeCtion 5 Resigruitionand Removal Any officer may be ~ved from office with or without cause by theBoard Any officer may resign at any time giving written notice to the Board J

the president or the secretary Suchresignationsha1ltake effect on the date ofreceipt ofsuchnotice - or at anyJater time specified therein and uoless otherwise specified therein the acceptance ofsuch

resignation Shall not be necessary to make it effective

Section 6 Vacancies A vacancy inany office may be tilled by appointment by the Board The officer appointed to such vacancy shall serve for the remainder 0 iepJaces

Section7 Mn1tple Officers The offices ofsecretary and person No person shaH simultaneously hold more than one ofany ofth case ofspecial offices created P1l1SllaDt to Section 4 of this Article

Section 8 Duties

(1) Thcpresident sball preside orders and resolutions ofth B deedsandotherwrittentt~~mts

The duties ofthe officers

President

y beheld by thesame office~ except inthe

the term of the officer he

(2) The vice-president shall act in e p e and st of epresident in the event ofms absence ina1jlity1)fiefusal to ac ~and s ere and discharge such otherduties

asmaybe ampDo degf7b s5 ~j) ~ese Itreasurer sba1l ecoI1 the vot~~~the~utes ofall meetings and

pr~cee g of the Board ~Of the members the corporate seal of the

~Bard ofthe AsSrlcEE

appropriate as direc 9Y res

PI bull audit of

ofeach expen es t

i~middotmiddot

~soc onlQd affix it on all ~requiring saia bullserve noticeofmeeting ofthe ofthEtmembers p propriate current records showing the members tiorit~~ eir addresses HeShe shall receive and deposit in

accounts alJmonies ofthe Association and shall disburse suchfunds lJtioICof the BOardof Directors shall sign all checks ~d

ry n res ofthe Association keep proper books ofaccount cause an annual e ~Ociation books to be made by a public accountant at the completion

ar and shallprepare an annual budgetand a statement ofincomeand be presented to the membership at its regular linnuai ~eeting and

bull -a1 f each to the members and shali]lerfurmsuch other duties as required

6

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-

ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

-

I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

-~

CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 16: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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-

ARTICLEIX COMMITTEES

11111111111 ff 1111111111111111 OR Bk 6175 Pg 5553 gt

Orange Co FL e0IiJl~29267

Th~A55bCiationsluillappointan ArcmtedmaJ Control Conlmnteeas provided in the Dechtnltioii and aNominating Committee as provided in these BymiddotLaws Inaddition the Board of DireCtors shall appoint other committees as deemed appropriate in carrying out its purpose

ARTICLE X - BOOKS AND RECORDS ~

The books recordsandpapers oftheAssoc~onshallatan bullduring reasonable business c1es ofmcorporationand betattJteprinclpaloffice

hoursbe subjectto inspectionbyanymeInber TheDecIaiatio~ tIteuro theBy-LaWs ofthe Association shallbe available for inspection by ~ ofthe Association where copies may be purcDased at reasonable co

ARTICLEXI ASSESSMEN~ bull

As mo~fullyprovidedintheDeCJarationeachm ~~~topa OtbeAssoCfunOn annual and special assessments which are secured by a co Nen uPll the roperty against Which the assessment ismade Any not paid Whe~ue be delinquent

Iftheassessment is not paid within thirty due date the eDt shall bear mterest fromthe date ofdellilquency at th Association

lIiay bring an acti~nat Jaw against the paY3e or recloslt the lienag~the property and fees ofany ch tionsball be ~ded tothe amount ofsuch oth liability for

the ~nt~fprovidedfur herein by or abandoofhis lot

am~Dded at aregular or specialmeetmg oIlliemembers ~rum ofmembers present in person or by proxy

canY coIiffict between theArticles ofIncoqloration and thesci By- jonlttolarid in the case ofanY conflict betWeen the Declarationand theseByshy

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

-

I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

-~

CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

bull gt

21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 17: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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ARTICLE xiv MISCELLANEOUS

middotd(middot ib~ ~ year ofthe Association shall begin on the first dayofJanuary and end on the 31si rmiddotgtmiddotmiddotmiddotday ofDecember of every year except that the first fiscal year sball begin on the date of f~gt~ middotj~corPoiation

-

I~tytIrNESS WHE~OF we being all of the directors of theAMBERLEIGH ~9~9WNERS~SOClAl1QN INC have hereUnto set our hands this 4-day of 200l

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IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

-~

CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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-

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 18: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

IlI1 11111111111111middot OR Bk 6175 Pg 5555 Orange Co Fl2001~67

-~

CERTIFICATION - ~

I the undersigried do hereby certifY

~~ rl~elec~ed and ~~ of the AMBERLEIGH HOMEOWNERS AsSdciATION~ INC a-Florida corporation and

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

-~

--

-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

~ ~

-

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

bull gt

21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 19: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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111111111111111 flflflllflf III gt OR Bk 6175~Pg5S56 Orang e Co FL 2001-0029267

Recorded - Malt~a O~ Hay~ii j

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Platpart Ofthe south ~ ofthe southwest 114 ofSection 25 Township 22 South Range 27 East lying West ofthe Wmter Garden andBeWah Road (less and except the North 58700 feet thereof) said i)roperty lying in Orange County Florida

middotB~g nibre ptmCuIarly described as follows

Cinimlence at tile Southwest corner ofthe Southwest 114 of sectiohi bull Township 22 Soutb Range 27 ~ Orange County Florida thence run S8958122E along th~So line ofsaid Southwest 114

a distance of68087 reet for a Point ofBegioning thence N0240~ arallel with the Westerlyriiiht ofway line ofBeuIahRoad as recorded inPJat Book 15 Pag 10 and 106~ Public Records

ofOraDge County Florida adistance of69980 poundootto theSouth1ine 0 the orth 58100 feet ofthe SouthYz oftha Southwest 114 ofsaid Section25 the S42E alo d Southline adistance

of 118593 feet to aforesaid Westerly right of way bull e of Ro ence nm along said Westerly right ofwaythe fidlowfulicourses and distances 029 of190feet thence

N894649E a distance of 801 feet thence S024029E a ce 69 87 feet thence N89~58122W a distarice of 801 teet ~~9E a of 1 02 feetmiddot to the

aforementionedSouthlineoftheSouthw 14 N89S822Walong line adistance of118632 feet to the Point ofBe bull bull

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This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

-~

--

-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

~ ~

-

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

bull gt

21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 20: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

This instrument prepared by and should be returned to

Robert L Taylor Esquire TAYLOR amp CARLS PA 850 Concourse Parkway South Suite 105 Maitland Florida 32751 (407) 660-1040

DOC 20080326627 B 970amp P 22805 06042008 123044 PM Page 1 of 7 Ree Fee $6100 Doe Type RST Martha O Haynie Comptroller Orange County FL MB - Ret To tAYLOR ampCARLS

ectton 620 ~e C~ is ereby amended as follows

620 Gara~ ~ ce shall have a garage large enough to accommodate at least two (2) ca s Garage doors shall remain in operating condition and shall remain in the down ~~(itiO at all time except when moving cars or transporting items to and from the Re ide ce through the garage Notwithstanding the above if lot Owners

NOTE DDI nONS ARE by Bold Underline Deletions by Strikeout

1

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

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OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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-

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 21: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

20080326627 Page 2 of 7

wish to utilize their garages for parties play areas etc the garage door may remain open so long as the bottom of the garage door Is not more than twelve (12) inches above the driveway pavement

III Section 630 of the Declaration is hereby amended as follows

IV

NOTE nn IONS ARE by Bold Underline Deletions by Strikeout

2

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 22: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

20080326627 Page 3 of 7

D Entire Dwelling Must be Leased Only the entire Dwelling may be leased no rooms may be rented or leased

E Prior Approval of Leases No Ownerl Member may (ease or rent his or her Dwelling or renew any such lease or rental or allow the subletting of any approved lease without the prior written approval of the Association either by the Board of Directors or a Committee appointed bv the Board of Directors to perform this function The process for such approvals shall be as follows

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

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OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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-

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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gt

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 23: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

20080326627 Page 4 of 7

vi A check or money order payable to the association to defray the cost of processing the lease application for each tenant including the cost of background and credit checks and

Vii Such other information as is requested by the association

NOTE 00 IONS ARE by Bold Underline Deletions by Stfillteout

4

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

~ ~

-

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

bull gt

21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

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gt

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 24: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

20080326627 Page 5 of7

3 The tenants shall not sublease to another party without the approval of the Association

4 The landscaping shall be maintained to the standards required by the Board of Directors or the Association may enter unto the Lot to perform and charge for such services as provided for In Section 56 hereof and

DO IONS ARE by Bold Underline Deletions by Strikeout

5

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

-~

--

-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

~ ~

-

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 25: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

20080326627 Page 6 of 7 l-----------------------shy

v Section 92 of the Declaration is hereby amended as follows

92 Duration Amendment The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded after which they shall be automatically extended for successive periods of ten (10) yearSj unless during the last year of its applicability during the initial term or any extension period no less than seventy-fIVe percent (75) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration Provided however no such ter ination shall void the duty of the Association to maintain the surface water managem ~stem unless specificalfy allowed by the appropriate governmental authority Fu er ~o such termination shall have the effect of terminatlng any easements herein pro ideo1or reserved Except as otherwise provided herein this Declaration may be amen ed In ei e foilowin two ways

meetin ohhe embers b the

DDI IONS ARE by Bold Underline Deletions by Stri~eout

6

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

-~

--

-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

~ ~

-

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

- -shy

11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 26: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

20080326627 Page 7 of 7 I

h Executed at ~L_)--(rrkcL---=G=--trd_~eA--_--- Orange County Florida on this the IS day of M~ 2008

Signed sealed and delivered in the presence of

7

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-

bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

14middot 1S

16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

~ ~

-

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

~

lt

1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 27: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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bullbullbull middotThisckiCid is ind ihidl~ofj-~2001 by ~U ~iioSeaddI~s is middot6 ampo~ 1S ~llgt63 hdeclares lbatthe ~cribed - iIi Article n oftws DeClaration are and shall be held transferred sold conveyed lIDA ~9PPJmillh~~~othe

Covenants Restriction EasementS Charges and Liens hereinafter set forth lt jshy

ARTICLE I 1 1I111I1I111I1IUlllllltlllll

DEFINITIONS

rhet~HoYlmgwords when used in this Dec1aration (Unless t following meaning

U

13

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16

OrangeCo FL 2881-0029267011192001 1238J48plI

DR Bk 61 75Pfte~l

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-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

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-

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middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

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21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 28: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

-bull 11111 111111HllmlI~IIII

OR Bk 6175middot Pi 551-5 -

ltr~~1gtli~i~ S-rt fui placementm nL-082926 -- _ _ lt~ i- NoiWithstandingmytlrlng contained herein to the contrarY _all Lot Owners whether Entitled

(middot~r~middot middotmiddotto Voteor not are assUrelti of aU other privlleges rights andobligationsofAssociation i_- ~i~--middotmiddot- (C nie~bmhipand s~lftie Memoors oftbeASsociation Inno event sha~any mortgageorother y--t lt--~- shy pafty_hol~irig atiy type ofsecurity interest ~ a Lot or the Residence constrUcted thereon by -~ middot-i - _B~titl~ToVote ror p~oses ~ereot unlesS and until any ofsaid parties ~btain or receivefee

- ~imple title to ~chLot _ _ LIO_ InstitUtional Lender or Institutional Mortgagee shall mean an~ refer to a bank savings

_--_ arid loanaSSociation insurance company mortgage company real estateinvestment trust _ - - -_ penSion full~ penSion trust or any D~er generally recognized institutional-type lender or its

~ - -- loanco~onden~~eFederalHomeLoanMortgageco~ration(FHLMC) the Federal - shy - National Mortgage Association (FNMA) the Federal H Administration (FHA) or the Veterans Administration (VA) and to-any successor or ssi eetbereof

~ - lfl LOtshall meimand refer to any Laton a Plat or portio of e Properties and any other property h~fter declared as a Lot by the Declarant a th eby made subject to this

- Df1CIBiation _ L12 ~Member shall mean and refer to aU those ers who are em

~lt - gt proVided mAiiicleill hereopound pound _5lt- lt 113 - Owner shall mean and refer to the record 0 r wh one

- - _ ofthe fee simpie title to any Lot situated upon 1I1e rQRerties -__ IHmiddot Plat shall1netullmd refer to themiddot~tAmberleigh as i-ecorcted in blic~rdS ofOrange

CountY florida togetherwith YPlatofadGiti~lIandmadeSUij tto Declaration and shy to thejririsdiction ofilia Ass iatio

~J~ ~ shy _ 1iS pfopertjes sha~l in~ an re~to all of e Pro erties described Sec n 21 oftlls - - _ shy _ D~larati9o and madditi er 0 as are now her r made subJec to sDeclaration ~ - and to thejurlsdiction theAs Ociation except ch are withdrawn 1e provisions - ( t _ be~eOfina~rdance wi~the pr edUfES hereinaft s forth ltshy shy - 116 gt__R~ide~~ or -pwellinitt or ~~t shall m refer to any~ idential buiiding

constru9ted on a Lot for whic ~mfica1~ ofoc pan ~ has been duly ISSUed

~~lJvlaw~is1mllml~m__ refer fo ~~ bY~Javs ofthe Anlberleigh HomeoWners AssOciation pJIU altached as Exhibit B -shy - - -

or Storm Water ~aJIa~ment System sba(l mean and refer to a system _

~iglllmaruicons~ct~or implementedto controldischarges whichareneeclssnated incOipor~tingmethOds 10collect convey stoie~ absorb inhibit tfea~ use shy ~

-shy

-

~ ~

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

f

ARTICLEll

bull gt

21

middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

~

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

~~~-

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

-

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 29: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

middot1~lllnlm IIIII~IIIfill OR Bk 617Ug 5516middotmiddot Orange Co FL a001-=-0029267

ormiddotre-use water to prevettt (lr reduce flooding o~er-drainage environmenntl degradation and water polJution or otherwise affect the quantity ofdischarges from the system as permitted pu~suant to Chapters 40C-4 40C-40 or 400-42 Florida Agriculture commission

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ARTICLEll

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middot PROPERTY SUBJECf TO TIHSDECJjON ADDITIONS THERETO

middot I4a1Description The real property whi~h initially J~an ~ha1I be held transferred sol~ Conveyed and occupied subject to this Declaration is located ill Orange Co~nty Florida and

ismore particu14rly described as follows

All ofAmbedeigh according to the Plat ereo recorded I th ublic Records of oiange County Florida more particularly ribed xltibi C

reed collectively as the

2~2 ~ppr3ments So long a C ~EP as herein defiled ShJ~exist Declarant may fromtirne to time g all or any po ons f the Additional rro25ies under the provisiQns hereofby r r upplemental dec __ratio (which shall nbt r uuethe consent oftbe 1hen existing 0 ers ormiddot he Association d an rnortgagee)lti(nd t~ reby add to and

middotincludemiddotall or such portio ofili Additional Pro em as part oftblrYroperties subject to this D~)arati()n To the t th additional eal roperty ~llan be made a part of the Properties as-a-eommOllschem efereftee-h to e PropertIes should be deemed to be a recerenc~aU such additional pro~rty wqeres reference is intended to include property

o1bertJt8n Iega escrilieiabov Notiungherein however shall obligate the Declarant to admiddot to e initial porti ofdl Prop es t6develop any such fu~reportions under such

co on chemeinortopro bit eDecJllr tfr~orlteZOningandlOrChangingthedevelopment pIa wi respectto suchij1 re p moils an ~he larant from addingmiddotadditional or other

prop ttY t theProperties un r s h common e All Ownl)tS by acceptance ofa deed

4eletio~ ~ e~ade by eel ant and shall evidence such consent in writing ifrequested middot to do so b ~eDecfa~ at timebull

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

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bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

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or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 30: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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11111111111111111111111111111 OR Bk 6175 pg 5517

Orange CoFL 2001-0029267

ARTICLEm

MEMBERSIllP AND VOTING RIGHTS INTHEASSOCIATION

31 Membership Every person or entity who is arecord Owner of a fee or undivided fee interest in 8ny Lot shallbe a Member of the Association Notwithstanding anything else to the contrary set forth in Section 31 any such person or entity who holds such interest merely as security for performance of an obligation shall not be a Member of the Association Membership in the Association shall be appurtenant to each Lot and may not be separated

from ownership ofsaid Lot The record title holder to each Lot shall automatically become it Membe~ o~the Associatin and shall be ~sured of a~1ights and ~rivileges thereof upon presentation of a photostattcally or otherwIse reproduc opy ofsaid Owners deed to the

Association Sec~etary for placement in the records ofllie cia1ion To the extent that said deed shall pass title to a new Lot Owner ftom an exi~gD t Owner membership in the

Association shall be transferred from the existing Lot 0 er the new Lot Owner In no event shall any mortgagee or other party holding any typ of s curity interest in a Lot or Residence constructedthereon be a Memb ofthe ASSOCiitiSU ess and until any ofsaid parties obtain or receive fee simple title t sueD o~

32 Voting Rights The Association shall have tw ~~otin

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

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- -

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11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

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bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 31: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

Orlan b L 32819~

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11111111111111111111111111111 ~ OR Bk 6175 Pg 5518 Orange Co FL 2001-0029267

~ A The business affairs ofthe Association shall be managed by the Board ofDirectors who need not be niembers oftbe Association The number ofmembers oftbe first Board ofDirectors sball)e three and the initial Board ofDifectors shall be appointed by the Declarant There shall be three Directors until Cli~s Bmembership ceases After Class B membership ceases the Board of Directors shall consist offive ~irectors

B Tbe names and addresses ofthe persons who are to serve as the initial Board ofDirectors until their successors are appointed or chosen are as follows

DJREC1OR ADDRESS~ Ronald E Feun P O Box 7it

Deborah A Feun POBox735

gSuresli Gupta IQ1 Kirlona~dbull se 3 0

- 34 Board olDirectors - --

~L 34734middot 735

-

-

- -

~

11111111111) 11111111111111111shyOR Bk 6175-Pg 5519 Orange CD FL 2001-0029267

_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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-

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 32: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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_ C The rightofthe ~ociation to adopt at any time and from time to time and to emor~e _rules and regwationS governing the use of the Lots and Common Area and all facilities at IIny time situated

-thereOn including the right to fine Members as hereinafter provided Any rule andlor- regulation so adopted slullhpply ui1ti1rescinded or modified as it originally set forth at length in the Dec1aration

- Each Ownefshall benlSjtOlilSiblltol thernair1ltenance rwlacerlnent paving structures and improvements v

-by the Assooiation -

mqJet1SirilCWTed hereunder shall be paid for by the inPiOOed in accordance herewith

otHl~iislyen~ape liMlillitytbt Assesslnents by non-useofthe Common any other rea~on

lbePJssOQlia1tiOR shall the right to grant pennits licenses and and oIber purpOses reasonable necessaryor useful for the addition easementsover upon under through and across

AsslociatiJlnal1d the Declarant and may be declared or granted from time to the Declarant shall own at least one (i) Lot for such further

~middotlIlal~e ellSernents over and across the Properties asmay be requited from time to adfiltioDal lands during tbe course ofdevelopment ofsame whether such additional

j1I1sdiction ofthe Association and part ofthe Properties or not Regarding any thttDe~larant thejoinder oftheAssociationor anyLotOwner orLotOwners mortgagee

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

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bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

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bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 33: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

IIIIIIIIIIJlIII11111I11I1I1

OR Bk 61 75 Ill 5520 lJlange Co FL 2001-0029267

45 D_~Easements Drainage Easements hIlve been declared and reserved as shown on and created by the Plat Each Ownerofany Lot encumbered by aDrainageEasement upon which adrainage swate

is located shall be solelyresponsible for therepair replacement and maintenance of suohdrainage swale Alteration obstruction or removal of any drainage swales or drainage control facilities or structures are eXpressly prohibited In the event Bny Owner faiIsto repair replace and maintain any drainage swales or alters pr obstructs any piping drainage swales facilities and structures the Association may repair replace and

maintain such drainage swales facilities Ilnd structures and assess such Owner for the costs and expenses incUrred inorder to accomplish theforegoing Each Owner hereby grants as easement and license to the

lt Declarant and the Association over upon and across such Owners Lot in order to facilitate and accomplish the foregoing Furthert no Owner shall place erect or construct any improvements or otherwise permit

iinytbingto occur within any Drainage Easement area which would in any way effect said DrainageEasement or ~ny swalepipe or drainage control facility or structure located th r thereon unless in the event of construction ofany improvements such improvements have been apprved the Declarant or the ARC (as

hereinafter defined)

46 Ownership dedicated non-exclusively to thejoint and separate use in co to timeconstitute part oftbeProperties and such Owners t

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1111111111111 II (ImlllllillOR Bk Ei1 75 pg middot5521 Otange CoFL 2001-0029267

ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

~gt - lt~~-----~

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111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

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su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

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OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

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D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

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GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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ARTICLE V

ASSOCIATION COVENANT FOR MAINTENANCE ASSESSMENTS

51 middotCreatiOJl of the Liell8lld Personal ObUgatiOJl8 ofthe Assessments Except as provided elsewhere hcl-ein thel)eclarant(and eaoh partyjoining in this Declaration or in any supplemental declaration) for aU Lot within the Properties hereby covenant and agree and each Owner ofany tat by acceptance of a deed therefore whether or not it shall be so expressed in such deed or other conveyance shall be deemed to

covenantand agree to paytotheAssociationannual Assessments orchargesforthe maintenance management operation and InslJ8tlCe ofthe Common Areas and other properties that may be otherwise used for the benefit oftheProperties as provides elsewhere herein including such reasonable res eas the Association may deem necessary capital improvement Assessments as provided elsewhere er n and all other charges and Assessments hereinafter referred to all such Assessments to be fixed bUs and collected from time to time as hereinprovided In addition individual assessments may be levied a ains particularOwners and Lots fur ~xpenses incurred against particular Lots andlor Owners to the excluson 0 others and other charges against specifiC Lots or Owners as contemplated is this Declaration e a ual special and other Assessments together with such interest therein and costs of ~tion thereo h einafter provided shall be a charge on the land and shall becolltinuing lien upon th t againstwhich ea su Assessment is made Each such Assessments together with such interest thereon cosfso coli 011 eroof as hereinafter provided shall also bethepersonal obUgation ofthe personwho is the er 0 11 rop rty atthe time when the Assessment fell due Except as prOvided~ espect to indl a) AS ssm ts which may be Imposed on one or morelots and Owners to the elusion of0 rs or to assess ts aga t Lots owned by Declarant all Assessments imposed by the s I imposed against Lo subject to its jurisdiction equally Reference herein to Ass s ents shall t nder ood to inClu~enc to any and all of said charg~whether or not specmcllll middot~nti ned -- --)

52 Purpose ofAssessments The tar Assessmen lev ed by the Asia~ shall be used exclusively for operation maintenance repair nov bullon and constru io uponthe Common Areas including without Jimitation the private s~ and draina e~trac ocated wit nth Properties and the maintenance and repair of~uch other properti S1iIiIVb~ed for ebenea3Pr erties as specifioolly provided herein capital improvements res est 0 crating cOsts oftil ~soci nd to promote the b~Ith safety welfare and aesth~icsoftheM e the AS iatiod1Pld theJr~~lsegidingwith them their guests and tenants lill as middotprovided fur her ~

~~ R~~ fo Replacement T ~OCiatiOn m~yestaySb and maintain an adequate reserve

dfOr1he enodio inte nee repair and lace~entofimpr~~ntstotbeCommonArea Thereserve fund shall be bull ta fr~m ualAssessm ts~otwithstanding the foregoing ifthe Declarant elects to It unt of imy 5fiC ~cllrred bl thtt Association for expenses of the amounts colleCted as

ASs~~ in~ccordlUlce - ith the)feVisl6ns o(Section 514 ofthis Declaration the Declarant shall not be middotlequUed tocontrlbute to a rese ~

~- ~4 Initiati li1 Upon the initial closing ofthe sate ofa Lotand fcreach subsequent saleof

~L0tmiddottbe ~~~rat tim~~f~ base shall pay to the Association the sum of$300OO fcr the use and benefit ofhe ASsOCI~tion SaId 0 shall not be considered as advance payment ofany Assessments

5~ Maxim ~ualAssessmeDt Until January 1 Sf of the year immediately following the ~eyancel~t~~~stEot~ an Owner the annual assessment shall be Three Hundred DoUars (S30000) per

_ - tot~~f~ f~~eeH~ed~ollars($30000)tobeconveyedatc]osingofeachLot)

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A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

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middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

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bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

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bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 35: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

111111111111111 fill III 1111111 OR Bk 6175 3~ 5522 Orange Co FL 2001-0029267

A From and afterJanuary 151 ftheyear immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may he increased each year upon approval by a majority oftne Board ofDiiectors without avote of the Membership by an amount not greater than twenty percent (20) above the maximum assessment formiddot the previous year

B From and after January 1st ofthe year immediately following the conveyance ofthe first Lot to an Owner the maximum annual assessment may be increased by an amount greater than twenty percent (20) above the maximum assessment for the previous year as hereinabove provided upon approval of a majority ofeach class ofmembers voting in person or by proxy at a meeting duly called for such purpose

middot C The Board of Directors may fix the annual Assessme~nan amount not in excess of the maximum

56 Exterior MAlnterumce The Owner ofeach Lot shall bull a the exterior ofthe Residence and the Lot at all times in a neat and attractive manner and as provided el h eherein Upon the Owners failure to do so the Association may at its option after giving the Owner itten otice for a period ofthirty (30) days mailed to the last known address or to the addresS s perform such reasonablethe subject pre ~ maintenance and makesuch repairs as may be required an ileem ecessary t rest6 ethe neat and attraetive appearance ofthe Lot and the exterior ofthe Residence loca thereo be co t of ny work performed by the Association upon the Owners faUure to do so shall be imm ia1ely due 0 ing m the Owner ofthe Lot and shall constitute an individual Assessment a bull the Lot whiCltth~work as p rformed col1ectible in a lump sum andsecured by the lien agains~ ot as her fovided NObi~need t be obtained by the

Association for any such work and the Asso bull tio al~igna ~be contractor init~OI discretion

57 Capital Improvements l ds hieh are neciss~ry Co the addition of c pila improvements (as distinguished from repairs and mainena ce relating to the c~o Area or oiPer op used for the benefitofthe Pr9perties and whlch hav~ot pre bullDusty been coli jed s reserves or re ot se avaiJable to the Association shall be levied by the As~atio as special Ass me ts only upon ap ova) by a m~ority of each class of Members voting in person or b roxy at ammiddot g duly caned for such purpose Notwitbstandingthe roregoingJtthe-9eoarant eI ts to p () ofdeficits incurred by the Association for expenses ufexge8s ofthe1mounts colloo as mentsJup vided in Section 514 oftrus Declaration then the Declarant ahal at requ to pa ny sp ial ~essments (except Declarant shall pay spooial Assessments for any t 0 ed by Deola nt 0 which 1elling nit has been constructed if a certificate of occupancy has been ssu for the dwelling uni such pllXllent 0 be in an amount equal to the special ~sessm~t on each wn ~f a dwelling unit~n a ot wi~ 11 e Pro erties)

of

lt

cov

middotS810tke~ (IUO (or ~y Acti nA thorilOOUnderSediousS5andS7 Written notice ~g called fo~p ose of takiJ an action autborized under Sections 5S or 57 shall be sent

o all Members not less thah-ten (1 jdaysoof mo than sixty (60) days in advance ofthe meeting At the first such meeting caned the presen~fMemb~ r of proxies entitled to cast fifty percent (50) ofan votes of each class OfMembers~fprOXi~t1ed to the required quorum is not present another meeting may be called subjecttotbe s e no -ce requirement and the required quorum at the subsequent meeting shan be oneshyhalf() OfthCi req~ired uo~iltthepreceding meeting No such subsequent meetingshall be held more than

middot nmety(90) days follomiddot the preceding meeting bull

59 Date of C ooment of Annual Assessments Due Date The annual Assessments middot oVi~ed forilms Arti e s co~enceon the first dayofthe month next following the recordation ofthese

tsandshall applicable through December 31st ofsuch year Each subsequent annual Assessment ~by one (I) annual payment or by-y qrIy Or bl_1 insfaIbn tn

- - -

- -

11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

bull )

bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

p

~-

11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

- ---shy

T

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

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MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

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By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 36: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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11111111111111111111111111111 OR Bk 61 75 Pg 5523 O~ange Co FL 2001-0029267

thediscretlonofthe Board ofDirectors of the Association At the time ofthe closing ofthe sale of any Lot the purchaser thereof shall pay to the Association an amount equal to the lesser of (i) the full annual

Assessment mUltiplied by a fraction the nllmerator of which is the number ofdays remaining in the year of closing (includingthe day ofclosing) and the denominator ofwhich is 365 or (ii) the portion ofthe full annual Assessment otherwise due and owing for the remainder ofthe year The due date ofany special Assessment shall be fixed in tbe Board resolution authorizing such assessment

510 Certain Duties ofthe Board ofDireetors The Board ofDirectors ofthe Association shall fix the date ofcommencement and the amount ofthe Assessment against each Lot subject to the Associations jurisdictionfor each assessments period to tbe extent practical at least thirty (30) days in advance ofsuchdate or period and shall at that time prepare a roster ofthe Lots and Ass~s~nts applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection alY Owner Written notice ofthe Assessment shall thereupon be sent to every Owner subject thereto thmiddot 30)days prior to payment ofthe first installment thereof except as to emergency Assessments Subject to oth pro~sions hereof the Association shall upon demand at any time furnish to any Owner liable for an Assess ent certificate in writing signed by an officer ofthe Association setting forth whether such assessment has b n p id as to any particular Lot Such certificate shall be conclusive evidence ofpayment of Assessment th~OCiation therein stated to have been paid The Association may charge a reasonah efee 0 ch certifi teo he Association through the action ofits Board ofDirectors shall have the power~tthe 0 ig~ion 0 en er into an agreement or agreements from time to time with one or more persons firms0 orporano (inc ~ding affiliates of the Declarant) for management services or for either middotces beneficial he As ocia on for the property operation and maintenance ofthe Properties eAssociatl shall have aU 0 wers rovided elsewhere herein in its Articles ofIncorporation arid it yJa

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

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bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

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bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

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66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

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11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

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tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

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IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

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~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

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middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

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Page 37: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

1111 IItllIl 11111lillilitOR Bk 61 75 pg 55E4 Orange Co FL 2001-0029267

limitationmiddot persons acquiring title byoperation of law and by judicial sales shall not be entitled to the occupancy of such Lot or the enjoyment ofthe Common Area until such time as all unpaid and delinquent Assessment due and ewing from the seUing Owner bave been fully paid and no sale or other dispositions of Lots shall be permitted until an estoppel1etter is received from the Association acknowledging payment in fun ofan Assessments and other sums due provided however that the provisions ofthis sentence shall not be applicable to the mortgages and purchasers contemplated by Section 512 oftms Article

Itshall be the legal right ofthe Association to enforce payment ofthe Assessments hereunder Failure ofthe Association to send or deliver bills shall not however relieve Owners from their obligations hereunder

S12 Subordination oftlte lien The lien ofthe Assessmen p vided for in this Article shall be subordinateto the lien ofany first mortgage to any Institutional Lender nd hien is now or hereafter placed upon any property subject to Assessment provided however that any ch ortgage when in possession or any receiver and in the event ofa foreclosure any purchaser at a foreclo ure Ie and any such mortgagee acquiring a deed in neu of foreclosure and aU persons claiming by tm gil r under such purchaser or mortgagee shall holel title subject to the liability and lien of a Assessment co in ue after such foreclosure (or conveyance in lieu offorec]osure) Any unpaid Ass nt W oJ cannotbSOll ted as a lien against any Lot by reason ofthe provisions ofthis Section shall be d to bean s ent ivided equally amonamp payable by and a lien against all Lots subjectto Assessment by the SCi~~din the Lasts as to which the foreclosure (or conveyance in lieu offoreclosure) took place ~

513 Collection ofAssessments T mno II collectthe sme ofthe Association

514 EifectofDecIarant Notwi ~dinganY visio thatmaybeconta ed ~econtraryof this Declaration or the Articles oflnco 0 or Bylaws of eAsS~tion for as 10 as eclarant or its successors or assignees from time to ~e s e Owner ofany t () which a Resid ce not yet been constructed the Declarant shall be liab~e~ ten ~cent(10)~ nst h Lot so ownedoAs essments ag provided however the Declarant ill its SOl~SCtioo may elect y give t year in lieu of payment ofsuch portion ofthe Assessments eac ~t to pay e a ount ofany deficits incurred by the Associ~tion for expel1Ses inc cess of amotIntscol ed s Assessments For purposes hereof the existence or nonexist or a deficit the ~ociatio sh e determined on a cash basis accounting instead ofaccrual basis ~1araQt has s ld andeon all its Lots in the Properties Declarant shall not have further Jia)i 1m~ 0 any kind to th~s~ation r the ayment ofAssessments or for funding any deficits oftheAssoe lion

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bull ding No Lot shallile used except forresidential purpos~ No ~ middot~JgtLa~d Use mid

auyLot N0 b~ilding

C

bwlding constructedoMiLot soo sed except for residential purposes No business commercial industrial trade profi sion f other non-residential activityor use ofany nature or kind shall be conducted on

11 be erected altered placed or permitted to remain on any Lot other than one (1) Residence Temporary uses~y Declarant for model homes sales displays parking lots sales offices

consnuctiop offices and othe offices or anyone or combination of such uses shall be permitted Mtil Pentl81ent eessatiollof5 ch u takes place No cbanges may be made in building erected by the Declarant ~~~~ ~by DeIcMnt) without the CODSellt oftbe Anbltectural Review Committee

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

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shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

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i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 38: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

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11111111111111111111111111111 OR Bk 6175 ~g 5525 Qrange Co FL 2001-0029267

62 Opening WallS Removing Fences ormiddotLandsmping No Owner shall make or permit any openingto be mademiddotiti any Deelarant or Association erected wall except as such opening is installed by Declarant oribe Association No such buUdingwaU or masonry wall or fence or any associated landscaping

orbuffer unprovements sha~be demolished or removed without the prior written consent ofthe Dec)arant and the ARC Declarant shall have the right but shaU not be obligated ro assign aU or any portion ofits rights and priviteges under this Section to The Association

63 Easements Easements for installation replacement connection to disconnection from and maintenancemiddotofutiJities are reserved as shown on the recorded Plats covering the Properties and as provided herein Within these easementsmiddotno structure planting or other material may be placed or permitted to remaln that will interfere with or prevent 111e maintenance or utilities unless said s cture planting or other material

~ has beenso placed by the Declarant or the Association or has boon so p~ with the permission ofthe ARC The area ofeachLotcovered by an easement and aU improvements in the rea hall be maintained continuously by the Owner ofthe Lots except as provided herein to the contrary an exce t for installation for which a public authority or utility company is responsible The appropriate watetlaut llrity electric and gas utility company telephone company the Association and theDeclarant and their peO~ive successors and assigns

shalJ have a perpetual easement for the instal1ation rep~ment connect on tofdisconnection from and maintenance aU undergrolJnd ofwaterlines stormdrains san tries tele~~one dsecurity lines cables and cOnduits under and tlmugh the utility and drainage ease ~ as ase b ~as shown on 1he Plats Declarant and its designees successors and assigns shall have a)~al ent ti r the install~tion and maintenance ofcable radio television and security lines within easemen eas sli 0 the Plat All utility Jines within the Properties whe1her instreetrigh -ways or easementss and maintainedfSily be i underground

64 Nuisances No noxious ve or unlawfu ctivi shall be carried n u on or about the Properties nor sballanytbing bedone~wch may be or mt( b me an annoyavor isanceto other Owners

6S TcmpBrary awl Other Struc bull 0 structure fa mporary character or storage shed utilitymiddotshedor similar structungreenh~e trail r ten~hileh me otor home orrecreational vehicle shaH

be permitted on111e Prop~eSat anytimeOt-c sed at~r time a idence either temporarily or permanently excepted by the Decla co tion No gas tank s container or gas cylinder shall be permittedE

to be placed on ora t tli ext~rior of a Rest cnce o~n out any ancillary building unless approvedor by the ARC and ifap rov must be bUria~en ~Sed by struc ra approved by the ARC

~

66 Signs D ofany kind slut be isplayed to tne lic view on the Properties except any

~e DecI ant~~bYa Builder eclarants writtell consent) to advertise the company or ~ ~~~ sales or ther ters durin nstruction and sales period No sign ofany kind shall be~ttid to b~ placed 1nsl a Res d~outside waDs of a Residence so as to be visible from the

middotext~or~~r on any fences O t ~oPerti~70tb~ CO~OIl ~ea nOD dedicated areas ifany nor on entryway orany vehicl bin111~rues Notwithstandmgthis prOVISIOn an Owner may place onesign of Il()~ ~ore t1ia~ ~ve ~ ) sq ~ feet advertis~ 111e sale ofthe Owners propertymiddot

gt sect~ middot~nmiddot~i Ope~tiollBmiddot No o~l dri1l~g oil development operations oil refining quarrymg or mmmg opel 0 ofany kind shall bepennitted upon or in the Properties nor on dedicated areas

rro~ sba~ oilwe~ ta~ Ismiddotmineral eKcavation or shafts be pennitted upon or in the Properties N~ ~ic~ or other strUo d~gnated for use in boring for oil or natural gas shall be erectedmaintained or

uponany middoto~ftlitllandsubjecttotheserestrictioimmiddot

-

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

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lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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gt

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111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

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The foregoing iitstnmient was ackno I

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OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 39: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

11111111111111111111111111111 OR Bk 6175 Pg 552S O~ange Co FL 2001-0029267

68 AnimaJs and Pei No reptiles livestock poultry or animals ofany kind nature or description shall be kept bred or raised upon the Properties except for dogs cats aquarium-kept fish or birds whicn may be kept raised and maintained upon the Properties provided that the same are or kept raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association in the exercise of their reasonabJe discretion Numbers in excess to two (2) ofeach type of household pet(other than aquariummiddotkept fish) shan prima facia be considered unreasonable Notwithstanding the foregoing no suchreptil~ animals birds or other pets may be kept raised or maintained on the Properties under circwnstances which in good faith judgment ofthe Declarant or the Association shall constitute an unreasonable annoyance hazard or nuisance to Residents in the vicinity or an unreasonable interference with the comfortable and quiet use occupation and enjoyment ofother Lots or portions ofthe Properties

69 Architecture ControL No building addition wal~ fenctlo other structure or improvements ofany nature or kind (including mailboxest landscaping and exterior pli~ntt Sh) shall be erected placed885or altered on any Lot until the construction plans and specifications an a p n showing the location of the structure and landscaping or composition ofthe materials used therefore a ay erequired by the ARC have been approved in writingby the ARC named below and all necessary gave en permits are obtained Each building addition wall fence mailbox or other structure~ provements ~ny~nature together with the landscaping shall be erected placed or altered upon th pre only in cor nee with the plans and specifications and plot p1an so approved and applicable go e enm its nd uirements The ARC sha1l have the right in its sole and absolute discretion to retusa rova fpIlilns ecifications and plot plans or any ofthe~ based on any ground includ~~ely aesthetic undsAny ~ge in the exterior

appearance ofany building wall fence mailb xor otl1erstr- cture or impro ents anmiddot any change in the appearance oflandscaping shall be deemed t be ~ltetltion r uiring approval e C shall have the power to promulgate such rules and regulati ns ~sit deemsitmiddot essa to carry out the p vis ins and intent of this Section I

So longas ClassB Membership ts ARCshallhave ( )personsap~int~ ytheDeclarant who shall initially be Ronald B Fenn an Debo h A Fenn T erea er the ARC shall be a committee composed of or appointed by the Board of of the iaf n At such times as the Board ofSO Directors appoints the ARC m b~e 11

) ~ ofmembers as deemed appropriateARC

by the Board ofDirectors t never less t three ~ -

The address 0 e C shall be addt~ of ecl l nt or the Association depending on which party appoints its m b bullp TheBoard 0 iroot1Jrs ofthe ssoc tion and the ARC may employ personnel and consultants to as ist i e ARC at tb expe e 0 the Assoc tion he members ofthe ARC sha1I not be entitled to middotany compe atio for services perfo ed pursuant to bull s laration The members ofthe ARC

a laCt on 1lJmussio to it r r~uest ~lter 0 tion thereon ithin thirty (30) days after receipt ofhe sa da (further dymen on required or ethe request shall be deemed approved The foregomg - rovisionsregardingARc-a~ppro applicable to the Declarant or to construction activitieslsIlilll- ot j

conducted by the Declarantmiddot -

- Notwithstand g a ns herein to the contrary the ARC in its sole and absolute discretions may grant aYariance as to ofije restrictions conditions and requirements set forth in this Article so long as mthejudgementofthe C t~enoncompliance for whichthe variance is granted is not of a SUbstantial nature and the granting ofthe v bullanoo shall not unreasonably detract from the use and enjoyment ofalijoining Lots and Properties In no ev t S~lI the granting (Ifa variance in cne instance require the ARC to grant a similar

other type ofvarian in other instance it being understood that the granting of variances frcm the - ~es lt qo~~conydi~ uirements oftbis Article shall be t~e sole and absolute discretion ofthe ARCand

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111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

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-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 40: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

111111111111111111111 1111 OR Bk 6175 pg 5527middot Orange Co FL 2001-0029267

Notwithstanding anything herein to the contrary prior to colJ1Jlencing construction ofimprovements approved by the ARC the Owner ofthe Lot upon which such improvements shal be installed s~all obtai~ any and all appropriate goverrun~ntal permits and approvals and shaH construct the Improvements In compbance with all terms and conditions ofsuch permits and approvals

The ARCand any and aU officers directors employees agents and Members of the Association shat not either jointly or severally be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever by reason or on account of any decision approval or disapproval or any plans Specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section ofthis Declaration or for any mistake injudgment negligence misfeasanceor nonfeasancerelated to or inconnection with any such decision approval or disapproval and each Owner by acquiring title to any Lot or interesttherein shall be deemed to have agreed that he or it Shal~beentitled to and shall not bring any action proceeding or suit against such parties

610 Exterior Appearances The paint coating stain and 0 er ~erior finilihing colors on all Residences and masonry walls may be maintained as that originally insta d wjthout prior approval ofthe ARC but prior approval ofthe ARC shall be necessary b~Chext~or middots changed

611 Commercial Trucks TraDers Campers au am NQtruc~ex ttrucks which (1) have one-halfton capacity or less (2) have no lettering (3) have no roo oks orshnlla rac bulland which (4) do no appear to be commercial trucks (the determlnation about appearance hal be made b the ARC in its sole discretion) or commercial vehicles or campers ite hom motor homeslto~ traile or trailers ofevery other description recreational vehicles bo bull bo erst h e trailers or va~~l e permitted to be parked or to be stored at any place on the P pIes nor in edica areas unless sa e b parked or stored entirely within aud fil1ly enclosed by a ~o in an area not ible mthe street whi h h been approved

in writing by the ARC This prohibmiddot on f rking shall not ppty to temporary p rkin of trucks and commercial vehicles sueh as for pick-u nd de ~~ry and other co e cial servicespor t non-commercial vans for personal us~ which are in acoop e con~ion in the sole opmiddot ion ofthe Boafd Directors (which fav~rable opinion may be changed at any tim ) nor ~any vehiclep of e Declarant or those required by any builder during construction o9J1ly-loQ No onmiddot eet ~all b permitted In the event any provision

of this covenant is breac the Declara~ or tn soci~aY have said truo~ commercial vehicle C8tlJpermobilehome tor mes etrm er oth trailer recreational vehicle boat boat trailer or horse

~ilert()wea fto~ the ro es lithe L arltiSexpense and an individual Assessment mayOwns sole Sl be levied therefor ag t nch OWner

612 cia eaJi TrasbDiSposaL No arbagere ~ horrubbi~hshaUbedepositedexcept fo ~r eollectio

~ateriats shallbedept hi

e l~tion and rume~tns S

~

tt~WtheAs~iatl~ Therequirem u o~timetotim~oftheapplicablegovern~ental authority ofwaste ~hall be ph With All eqUipment for the storage or disposal ofsuch

leanIlnc1sani edition All garbage and trash containers and their storage areas and the Jike shall be kept~thin a ga~ placed inside and enclosure approved by the ARC or behind

opaque ialls attach~~~rmaa~ of the Residenoe on each Lot and otherwise in conformity with applica~le~les regu~~d approvals Suoh containers may not be placed out for collection sooner than

LcN~~~~~~~~~-= eofare approved by the ARC The ARC shall have the right to adopt such

8S it d~ms)l8~ Ie ~~gard to the location and height ofand colors and materials for any fences Wi~rres In no event shall any wall or fence exceed six (6) feet in height

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 41: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

~II IIlItlil 1111111111 OR Bit 6175 Pg 5528

Oange Co FL 2001-0029267

614 Mailboxes No mailboxes or similar improvements shall be instal1ed on any Lot unless the locationmiddottltereof has been approved by the ARC and the materials therefore and color thereof have been approved by the ARC and are in accordance withsuch standards for materials and colors as may be adopted by the ARC

615 Clothes Drying To the extent lawful no clothing laundry or wash sball be aired or dried on any portion ofthe Properties which is visible kom the adjacent Lots or the streets or any other adjoining portion of the Properties

616 Unit Air Conditioners Bnd Refleetive Materials No air conditioning units may be mounted through windows or wall or any roof No building shall have alummu foil placed in any window or glass door or any reflective substance or other materials (as detennined by e C in its sole discretion) placed on any glass except such as may be approved by the ARC for energy c nse ation purposes

617 ExteriorAntennas No exterior antennas microwave an enDa bullsatellite antennas microwave disb Satellite dish transducers or signal amplification systems for use in 0 tion with television or radio equipment orthalike shall be pennitted on any Lot or imp ~ments tltereo wit utthe prior written approval of the ARC which may be granted or denied in the sol 1scrCti~ftheAR ex Ilt that (1) Declamat shall havethe right (but not the obligation) to install aDd main commumlllante I crowave antenna dishes satellite antenna and radio teIevisioll and security Jines and (2) ~~wnet-hav (1) satellite dish oflessa than 3 feet in diameter so long as the dish is not visible from the str

618 Chain Link Fenees No ~3bepermitted on y t or portion thereof unless installed by Declarant duringcons ctirflperiods 0 oun ny retention or d nti nareas as required by Orange County -

619 Reereational FaciItieS Nott~houses orJkatboa or bicycle l mps all be constructed or placed upon properties Basketball 1s maX be pencitted p ovi ed the goal is a ifeast 15 feet from the ~ntproperty line a~~e quality and installatio~~res h e approved by the ARC

620 Garage Each Reside ~ a=Jageeoough to a_dalO at least two (2) Cars Garagedoors s 11 r m atin ~ an II remain in the down position at all time except when moving cars porting ite to a from t Resl ~ce through the garage

621 en e Ea~1t Reside~ e co tructed 0 a Lthall have a minimum ofOne Thousand ~~Hundr~(12 0) s uare feet ~fheated nd ooled living ~

~2 Roo ~ shall be )~cted offiberglass shingles or other materials approved byl~~iS the ~ AI~ roofcol must beappro ed) the ARC in its sale discretion

623 Lalt~~~ H~aping and grass to be installed on each lot shall be set forth on a landscape pla~ whO ds~proved by the ARC No type or variety of grass other than Sl Augustine or a

hybrid thereofshall pI ed on any Lot and such grass shall be fully planted on such areas where specified on alandscape plan a p~o ed by the ARC The planting ofgrass on each Lot shall be accomplished by the

inStallationoffuUsoQ ov gtheentirearea required to be grassed PartialsoddiDg sprigging plugging or seeding shallnot be p rmi except to replace any dead sod

~~ bull

shyAll landscaped and grassedopen areas on each Lot shall be irrigated by

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 42: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

-

su~ction ((wev the ARC shall ve t e power and au co ~io as aforesal proi4ed thaHhe 9Wn

r such extension stating in the exercise ofits discretlc determines

630 Additi nal themiddotrlght power and au ri

ari~ ~pose ruJes and re J~ without liniitations rules and egulations retatingto the placement or installation ofany type ofimprovement

on any Lotand to th3l fier )lPwevermiddotthatmiddotDjrule D~~e and regulations so promulgated by the Association shall be applicable to and

~

IIllllfllfllf 111111111111 JIll ~ OR Bk 6175 Pg 5529

Orange Co FL 2001-0029267

meansmiddot of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such open areas The plans and specifications for each such irrigation or sprinkling system shall be included in and submitted with and reviewed and approved by the ARC as part ofthe landscape plan required pursuant to the provisions ofSection 623 above The Doo]arant may prepare master plans rather than individualized Lot plans for all landscaping grass and irrigation systems to be installed by the Declarant

625 Precedence OverLess Stringent Governmental Regulations In those instances where tlte covenants coftditions and restrictions set forth in this Article set or establish nUnimum standards in excess of the ordinances regulations and requirements ofOrangeCounty and other applicable governmental 811thorities inctudingwithoutlimitation buildingandzoningreguiations the covenants conditions and restrictionssetforth in ths Article shall take precedence and prevail over any such less S~Ordinances regulations and requtrements

626 Solar Panels Solar panels may only be constructed on t e r Ifof a Residence so as not to be visible from the adjacent front street (or configured so as to minimize vi biliiY in the case ofcorner Lots) and only after review and approval by the ARC in its solean bsolute discre on he ARC reserves the right to promulgate such performance standards and require ents it may d d irable in regard to the installation ofsolar panels Tn the extent applicable laws r ire oth se the the erms and conditions of applicable law shall control

627 pennitted

628 Exterior Structures and All exterior true res fountains fl must be approved by the ARC except n e ican flag (~ot to xte six feet in Ie displayed

I

629 CoDStruetion Time Unles othe ise approv by)the ARC in writing construction of Residences and other im~roveea=beCO en oUat th~six (6) months item the date that the

ARC issues its written a royal of the al p and s~catfons thereof If construction does not commencewithin such (6nIOiiUrp iod plans dsp ifications for any proposed construction must once agafube revie~wanslap~foved by e hi a rdan with the provisions oftrus Article and any priot approval ofth sa~bY the ARC s I no onger ind ~on the ARC Upon eommencement of conStruction such nS ction shillibe pr ecu dilig lY~uoullly and without interruptionto com letionwithin ar 0 bletime but inno e ent arethan ~) nths from thedaroofcommencernent

ority to extend the period permitted for and general contractor involved make writrenapplication

ereampSGnsfurjherC911 ested extension oftime and provided further that the ARC ((the request is reasonable and tbe extension is warranted

es and Regulationsmiddot In addition to the foregoinamp the Association shall have subject to the prior written consent and approval ofDeclarant to promulgate nsgoveming andlor restrictingthemiddotuse oftha Properties and Lots~ including

hange modifY alter amend rescind and augment any ofthe same provided and regulations so promulgated shall be inmiddotconflict with the provisions of this

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 43: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

~

IfIll 1111111 1111111 1111111111

OR Bk 6175 Pg 5530 Orange Co FL 2001~9267

bind~g up~n alHhePt1perties and the OWners thereofand their successors and assigns as well as all guests

imd invitees ofaUparties claiming by through or under such Owners

ARTICLEVll

ENFORCEMENT

71 CompJiallee by Owners Every Owner shall comply with the terms provisions restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board ofDirect()rs ofthe Association

72 Enforceme~t The Declarant the Association tbe~intion Board of Directors the Architectural Review Committee each Owner or any other party provid her shan havethe right to enforce

this Declarationand the covenants restrictions and provisions hereof inc din ~thoutlimitationbringingthe actions and filing and foreclosmg the liensdescribed in ArticleVllereto In dditi~n appropriate governmental authorityshalt have the right to enforce this Declaration with respect to t e op ration and maintenance of stormwater management systems for the Properties Enf1 r~tof this ecl tion and the covenants restrictions and provisions hereof may be accomplish y roceeding t 1ft or in equity including without limtation any action for damages and injunctive ief ~SOCiiO hall have the right to suspend the voting rights and use of the Common Area of any efampltinSG n Unre to enforce any ()Ovenant restriction o~provisionhereofshall notbed a waiver toChs~berea cr ~efuultingandlor offending Owner shall be responsible for auAois incurr orcement Ofthiieclll tion including but

lt not ~ed to attorney paralegal and legal asi5 costs a expenses relat bull ts and expense oourt costs and witness and expert fees and os bull whether it be ough or not and hetjr settlement in any declaratory ~ction at trial or on ap~

~ TICLEVDl ~

D~1i~) lt The surface wat management systemf the ~rop~s subject to the jurisdiction of the

governniental authority hi as I sUcent a ~torthe 0 eration of such system as the same may be ~ amended frOm time to me collectively ttre Pe F) T~SS iation ~hall own and shaD be responsiblefor

tbeoperationandma ena ceoftJIesurface ator nagem tsys witbintheProperties includingwithollt limita~on operation d aintenance ofall r enti n ponds a ~~ibse improvements as may be sitUated

lt throu out~e ~o on eas The Associa io~ hall mainta~surf~cewater man~genent system in cordance aUP tr Ulrements The egt eredagentcftheAsSOClationsballmamtamcopiesofallbullbull (fp~W -OntysUmpmiddotmiddot g_t

bull lt

lt -9~~ ~~ce i and liability insurance a

lt Boar~ltofDirectorslnd

GENERAL PROVISIONS

delityBorids TheAssociatiollsbaUobtainandmaintaininelfectcasualty fid lity bond coverage in form andamounts as may be deemed advisable by the e sociation Additionally the Association may obtain and maintain in effect

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 44: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

11111111111111111111111111111 OR Bk 6175 Pg 5531 Orange Co FL 2~01-0029267

92 Duration Amendment The covenanls and resmetiollS ofthis Declaration shall run with and bmd the Properties for a term ofthirty (30) years from the date this Declaration is recorded after which they shall be automatically extended fur successive periods of ten (10) years unless during the last year of its

applicability during the initial tenn or any extension period no less than seventy-five percent (75) of each class ofMenibers at It duly noticed meetwg ofthe Association vote in person or by proxy to tenninate this Declaration Provided however no suoh termination shall void the duty ofthe Association to maintain the surface water management system unless specifically allowed by the appropriate governmental authority Further no such terinination shall have the effect ofterminating any easements herein provided or reserved Except as otherwiseprovidedherein this Declarationmay be amended by an instrument signed by notless than amajorny ofthe Lot Ownersj provided however tbis Declaration may be amended by Declarant to claritY ambiguities and scriveners errors In addition to the foregoing so long as Declarant owns any Lots within the Properties all amendments to this Declaration must be approved ed in by Declarant Ifnot so joined by Declarant the amendment sball be nuU and void Any am ndm to this Declaration must be recorded in the Public Records ofOrange County Florida Notwitbsta din anything to the contrary any amendment ofthaprovisions in Article X ~ftheRequirements for Ga1ed Co u ties shall require the consent ofOrange County

~ 93 Notice Any notice required to be sent to y berorO ru ertheprovisionsofthis Declaration shall be deemed to have been properly sent wJi ersona ly4eliver or ailed postage prepaid to the last known address ofthe person who appeared as a Membe Own~ rec rds ofthe Association at the time ofsuch mailing

)

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 45: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

~

1111 1111111 11111111111111111 OR Bk 6175 Pg 5532

Orange Co FL 2001-0029267

purpose ofallowing the original party or parties to whom the assessments were originally intended to have been grantcirthe benefit ofsuch easement and the Owners hereby designate the Declarant and the Association for either of them as their lawful attorney-in-fact to execute any instrument on such Ownermiddots behalf as may hereafter be required or deemed necessary for the purpose oflater creating such easement as it was intended to have been created herein Formal language ofgrant or reservation with respect fo such easements as appropriate is hereby incorporated in the easement provisions l1ereofto the extent not so recited in some or all

of sucb provisionsbull

910 CoveDlnfs Rmming with The Land ANYTHING TO THE CONTRARY HEREIN NOTWITlISTANDING AND WITHOUT LIMITINO THE OENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 93 IT [S THE INTENTION OF ALL PARTIES AFFECTED HEREBY

(AND THEIR RESPECTIVE BEIRS PERSONAL RBPRES N lVES SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS S L UN WITH THE LAND AND

WITH TITLE TO THE PROPERTlES IF ANY PROVISIONS R PPLICATIONS OF TIDS

DECLARATION WOULD PREVENTTHISDECLARATlON FROM G WITH THE LAND AS AFORESAID SUCHPROVI810NS ANDORAPPLICATION SHALLB ICIALLYMODIFlED IF AT ALL POSSIBLE TO COME AS CLOSE AS POSSIB TO THE INTpm OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN M BR W( H L ALLOW THESE COVENANTS ANn RESTRICTIONS TO SO RUN THE c B SUCH PROVISIONS ANDORAPPLICATION CANNOT BE SO MODIFIED SUC OVI iOR APPLICATION SHALL BE UNENFORCEABLE AND CONSID D NULL VOID 0 ER THAT THE PARAMOUNT GOALOF THE PARTIDS CTED BY (IHA SE C VENANTS AND RESTRICTIONS RUN WITH TRELAND S SAID E ACHIEVED

~middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot7middotmiddotmiddotmiddotmiddotmiddotmiddot - -

~-

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 46: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

lllllillfill I11111 11111111111 OR Bk 6175_pg 6533 Orange Co FL 8801-0029267

MTICLEX

REQUIREMENTS FOR GATED COMMUNITIES

Notwithstanding anything herein to the oonlrary the foJ]owing additional covenants restrictions and requirementSSball appiy to the Properties each Lot therein and all Owners thereof

105Mandato NiJlg Every fifteen (15) years the ROA must repave all private streets This ~~~l~bewjltved n a year to year basis ifthe ROA can provide a Professional Engineers opinion

to ~~~itati the existing foads are in acceptable condition ~

~- e shy

-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 47: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

~- e shy

-

gt

- ~o bull ~ shy bull ~ ~

111I1111~llllf fll IllIfllllll ORBk 6175 PgmiddotS534middot

Drange Co FL 2001-0029267

106 Notice ofPmateRoad AsseSsmelits and Reserve AeeoUDfs All contracts for sale ofLolS Within the Properties whe~her sold by the Declarant Of any other party shall inelude the following notice

- - pcispective purchasers ofall Lots within Amberleigh are hereby notified that the private roads existing and

to bC~ilStritctedin Amberleighmust be maintained resurfaced and repaired by the Association as more particularly described in the Declaration ofCovenantsi Conditions Restrictions Easements and Reservations forAmberleigh asrecorded intheOfficial Records ofOrangeCounty Florida (theDeclaration) All Owners ofLotSin Amberleigh must pay assessments to be imposed by an Association ofLot Owners as provided in the~taratioD TheAssessments will in part be placed into a separate reserve account in order to create a reservesufficient to repave all roads in the platted subdivision every fifteen (15) years but atotal amount of no ampteater thati TwentyTwo Thousand Five Hundred Dollars ($225000 ) shall be retained in the reserve aecount The Association shall annually have the private roads inspect a Registered Engineer and shall

repair anYdeficiencies notedbysuch engineering rising the reservefunds T bull notice shall be included ineach silles contraet 8ndIor resale contraot relating to the sale or resale of a Lo in berleigh as appropriate

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 48: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

1111 1111111 rIII til filii II 1111 DR Bk 6175 Pg 5535 D~angQ Co FL 2001-0029267

ARTICLED

PROCEDURE TO RESOLVE DISPUTES W1THDECLARANT

111 Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Homeowners Association (or any Owners) and Declarant or any director officer partner member manager employee subcontractQf or agent of Declarant relating to this Declaration the use or condition ofthe Property andlor the construction and installation ofany Improvements located thereon shall be subject to the following provisions

A Notice Any person with a claim against Declarant or any director officer partner employee subcontractor or agent thereof (collectively Declarant for pfu OBes ofthis section) shall notifY

Declarant in writing of the claim describing the nature ofthe claims and tJl proposed remedy (the Claim Notice)

~

Any and aU communi~ons y and between the parties whether written or oral which are delivered by the parties ~rtbeirattorne~~j or other representatives ~ an effort to settle the matter shall be considered co~urucatlOnsundrt en the course of effecting a settlement or compromise as such shall not be 8dmiSSible as an admissl n 0 the part ofany part or any representative or agent ofthat party to be utilized

bullbull ~y such purpos1 a~y ctlon or proceeding

ot~ein-s11a1lbe idered to reduce or extend aoymiddotappliQabJe statute oflimitations

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 49: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

111111111111111111 11111111111middot OR Bk 6175 Pg5536middotOrange Co FL 2001-0129267

ARTICLE XII

NOTICE FOR SIGNIFICANT LffiGATION

c ($2500000) or

121 Notice ofSigadficant LegalProceedings Notwithstanding anything herein to the contrary the Boaid shall riot institute any significant legal proceeding including any arbitration or judicial reference prOOeeding against any person without providing the Members oftbe Homeowners Association with at least tbirtymiddot(30) daYli prior Writtennoti~ofthe Homeowners Associations intention to institute legal proceedings The Doticeshall describe the purpCse ofthe proceeding the parties to the proceeding the anticipated costS to the HmneowncrS Association (including attorneys1 fees) in processing the roceeding the source offunds to

process the prQOOeding (reserves or special or regular assessments) and ted information that should be disclosedto ~dparties S1~has prospectivepurchasers and lenders w Ie th proceedingis being prosecuted

For purposes herein significant legal proceeding shl111 mean any lega r ~ing in which it reasonably cpuld be anticipated that any ofthe following events could occur

a the levy of a special assessment to fun~any portio oft ecosts ofthe proceeding

hthe expenditure offunds from theHo~Vtlters~so~a1ion res rYes inconneetion with the proceeding in an amount in excess oftive percent (5) oftltet~wren~ erv

the a~ount of the claim ~Twenty-~~nd d 00100 Dollars

- bull d~middot e action could have 8Eat ial adver e~ffCt n the ability to se~al1 or refinance the Residences within the Development duriJg~e eriod the proceeding being prosecut)

middotNo~fust~n~ing th~ foreg~ing the noti~sbaU n t be required t~mm nce and purs~e an action to collect delinquent assessments Furthennore ift Boar in good3aith ufficient time todines that there)s proved priornoticeto theMembers as ein ior to expir ion f any applicable statue oflimitations

- -

or prior to ~e loss ofany o~ign~ant rigl1 of tile erg Association the Board may take the ~ necef~ry steps ~o comrneycethe proceedlb~ pres ethe ~fth6Homeowners Association provided r ~

- tfut as sool1 as is r~on~lypraetigal tile eafter d imt later than thirty (30) days following the ~ with notice as 1_ herein conlleICeoftbe bull g the Bamp dshIl provi

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~

Page 50: HOMEOWNERS - WordPress.com · Membership shall be appurtenant to and may not be separate , from owp.ership of any Lot which is subject to the Declaration ':, ,,'D. 'The membership

0

~

middotS]gn~ Signed andDelivered

~~tt~r ~1fiePits_Of _

~lt- middotmiddotmiddotmiddotmiddotmiddot~~S t(middotA~fmiddot Print~arne LAD() ffisgte rc

f~~C_ to bull

i-gt STATE OF FLORIDA ~ ~ ~ it~~middot COUNTY OF ORANGE

~ j ~_ 0 bull ~ ~

The foregoing iitstnmient was ackno I

11111111111 11111111111111111 f H bullbull

OR Bk 6175 Pg 5537 Or~ngeCa FL 2001-0029267

Amberleigh LLC a FloridaLimited Liability Company

0

By Arnberleigh LLC P O Box 735

otha FL 34734-0735

~ RpN~D~ FENN as Managing~ Js personally tmown to memmiddotwIfMiIMieed ~~____-i~~~MegtR

~