.P.

,f*, A'"';d"{ crerF; circuri court

Recorded anrj verililcl Drenrd counv, FL# Pgs,__rru" # i{anres *'frust Furrd JtSg_.-- F{rc rWstimp'l)eeul _-FD__ [xcbr.; T, _____Starnp-lItg _ __ ifi. ix _

SeruiceCiig J-&:notrnffiDECLAI{ATION OF C OVET'{A}'ITS A}ID RESTRTCTIONS

FORDEVON'S GLEN

THIs DEcI,ARATION OF COVENANTS AI.ID RESTRICTIONS FOR DEVON,S

GLEN (the',Declarationrr) is mad_e this , /9 day of April , 1995, and

"orrt.in= certain covenants and restrffins made by THE SUNTREE

PARTNERS, a Florida general partnership (the rrDeveloper")'N

=SuNTREE pIANNED UNIT DEvELoPMSHT is a planned unit development(TTSUNTREE puDtt) Iocated in Brevard County, Florida- The land plan

Crrior the SUUfnnn PUD community cont,emplates a variety of land uses r \.Oin-f,rai1g and without linitition: single farnily detached homes,cluster homes and condominium units. The land plan contemplatesp"ur:." or private streets, oPen spaces, sanitary sewer, andhrainage an& water services. bevonis Glen is a subdivision ofJnNrngi pup initially containing Twenty-Five (25) lots and common

pi"p"iii"= in the sirprnrn puD comrnunity. The total number ofir"jected lots in Devon's GIen is Ninety-Seven (97) lots-

At the time of their development, each subdivision andcond.ominium in the SUNTREE PUD has been subjected to usei""tti"tions and architectural controls. These use restrictionsand controls are contained in documents entitled Declaration ofcovenants, cond,itions and Restrictions, recorded in officialRecords Book 1545, Page 1-44 and subsequently amended pursuant todocuments entitled and recorded as follows:

(1) Amend,ment to Declaration of Covenants, Conditions andRestrictions recorded in Official Records Book 1965, Page 895;

(2t Amendment to Declaration of Covenants, Cond'itions andRestrictions recorded in Official Records Book 2206, Page 837;

(3) Amended and Restated Declaration of Covenants, Conditions andRestrictions of Suntree recorded in Official Records Book2368, Page LO26i

(4) Amendment to Declaration of Covenants, Conditions andRestrictions recorded in Official Records Book 2400, Page1616;

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Prepared bY and Return To:-t Jamls H. FaIIace'/ Jarnes H. Falla cQ r P. A -

19OO So. HickorY StreetMelbourne, Florida 329 01

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(5) AnendmentConditions26L5, Page

(5) AmendmentConditions2722, Page

to Amended and Restated Declaration of Covenants,and Restrictions recorded in Official Records Book228Li

to Amended and Restated Declaration of Covenants,and Restrictions recorded in Official Records Book

(7 ) Declaration3LO4, Page

306;

of Annexation as recorded in Official Records Book727;

(8) Suntree Homeowners Association No. One, Inc. Certification asrecorded in official Records Book 3207, Page 32O3;

f9) Second Amended and Restated Declaration of Covenants,\-' c""aiti""= and Restrictions of Suntree, ds Arnended, recordedin official Records Book 3210, Page 624;

(10) First Amendment to Second Anended and Restated Declaration ofCovenanti and Restrictions for Suntree PUD as recorded inOfficial Records Book 3250, Page 3538;

(11) Second Amendment to Second Anended and Restated Declaration ofCovenants, Conditions and Restrictions of Suntree, as Arnended,recorded in official Records Book 3265, Page 1631;

(12) Third Amendment to Second Amended and Restated Declaration ofCovenant= ""a

Restrictions for Suntree PUD as recorded inOfficial Records Book 332L, Page 3607

(13) Third Amendment to Second Arnended and Restated Declaration ofCovenant= i"a Restrict,ions for Suntree PUD as recorded inOfficial Recorded Book 3321, Page 36L2;

(14) Third Arnended and Restated Declaration of Covenants,Conditi""= i"a Restrictions of Suntree, as Amended, recordedin Official Records Book 3330, Page 4562; and

(15) Declaration of Annexation as recorded Official Records Book3384, Page 3115,

(hereinafter .collectiveS.y, the trMaster covenantstt) .

The Master Covenants provide for their enforcement by anoveralL Master Association ft'Master Associationr'). Each owner ofa Lot or unit in SUNTREE PUD which has been subjected to the Mastercovenants is a member of the Master Association.

In addition to the Master Covenants, other covenants andrestrictions may be imposed on a subdivision by the developer ofinit condominiuin or suUaivision. These covenants relate only tothe particular subdivision and are generally enforced by a

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subdivision association ("subdivision Association'lr.Associationtr) .

or the

The Developer anticipites that Devon's Glen will be encumberedby both the Masier Covenairts, which ti.I+ be enforced by the Mastere'==""iution, ind by this Deciaration which pertain onry to Devon's;I;;, -which will b-e enforced .by the Subdivision Association.

PURPOSE OF THIS DOCUI'TENT

The purpose of this document is to subje.ct Devon's Glen whichis descri!"a- in the plat of Devon's Glen unit L, SUNTREE PLANNED

uurt DEVELOPMENT, TRACTS 21, zL.A 1lt 23 recorded in Plat Book 41';;t; 39, of the' Public Records of Brevard County, Florida (therrUnit 1 platr'), to the covenants and restrictions contained in thispeciaration. This Declaration is sometimes referred to as therrCovenants.r For purposes of this Declaration the term trDevonts

GIen' shal1 mean thL pioperty identified in the unit 1 PIat and allpioperty subsequentlli an}exe-d and made subject to this Declaration.

Devel,oper declares that Devonts GIen Unit 1 sha1I be conveyedand occrpi.h ="Ui"ct to all matters set forth in this Declarationi"a tn" ilnit I PIat. These Covenants shall run with title to theland and shali L" Uinaing upon the Deve1oper and upon all Partiesi"g"iii"g any interest iripevon's GIen after the recordin.g-of theseCoienant! in- ttre Public Records of Brevard County, Florida.

nuruar, ssxsllllclioloslr earroNs

The Covenants contained in this Declaration are for thepurpose of protect,ing the value and desirability of Devon's Glenand made for the mutual benefit of each and every owner of a lot inDevonrs Gl,en. They are intended, to be nondiscriminatory- They arealso intended to create enforceable rights and obligations in favor;i-ild agiinst each Lot and its owner. Each owner, his or l-t'ii*iiy, iiienas, guests, tenants and invitees shal1 cornply with the;;;i;i""= of these Covenants while present within Devon's Glen'

ARTICL'E 2DEFTNTTTONS

In addition to any terms def ined in and througho-ut tlrisDeclaration, th; following words when used in this DecLarationshall have the following meaning:

2.L rAssessmentsr shall mean aII annual, special, and otherassessments and monetary obligations rnade or imposed by !l:Association against lots in Dev6ntS GIen made in accordance withthe terms of these Covenants.

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2.2 rBoard of Directorsrr shall mean the Board of Directors ofthe Association.

2.3 nCommon propertyrr or rrCommon Areart shall mean Tracts P, I

e-1, e-2, e-3 and Q-a, aJ shown in the Unit l" PIat and all otheri"ii property (irrcfuaing irnprovemg-ttt= thereto) owned by thea=r""iitibn,

"rritn is iniendea for the conmon use and benefit of

alt owners and which is to be deeded !o the Association at the timethat the control of the Association is turned over to the owners'

2.4 rrLotrr shall mean each 10t or p10t of la1-d shown on theUnit 1 Plat for Devon,s GIen subdivision mapr rggardless of whetheri Jweffing has been constructed on such lot, with the exception ofthe Common froperty and/or road right-of-ways if dedicated to a

public authority o; the Association'

2.5 rMaster Associationl shalL mean SITNTREE MASTER HOMEOWNERS

ASSOCIATION, INC., a Florida corporation not for- profit,incorporated on Juty ?2, Lg75. *1" Master Association is;;;p;;=ib1e toi rnainili"i"i the Common PropertY, in_cluding withoutfi*lt"tion, the Stormwater Managernent System for SI;NTREE PUD'

2.6 nOwnern shaLl mean each person who owns record title toa lot, including contract sellersr- but excluding those that havesuch interest rne-rely as security for performance of an obligation'

2.? rrDeclarantrr or rrDevelopertr shal1 mean and ref er The

suntree Partners, a Florida general partnership, and its successors;;e-;;=igr,=. rhe Declaran€ may aisign all br a portion of itsrights hLreund,er. In the event of a partial assignment,. il""=iig""e

shall be deemed the Declarant and-may exercise such rightsof the Declarint specifically assigns to it. Any such assignmentmay be made on a non-exclusive basis'

2.8 trsubdivisiontr shal,I mean all the property known- -asDEVON'S GLEN teing a part of the SUNTREE PLANNED UNIT DEVELOPMENT,

identified in the unit 1 Plat recorded in the PubLic Records ofBrevard County, rfotiau, and all other property subj".* ,T il?:"Covenants by tlie Developer or otherwise annexed as provl-cted hereln'

Z.g The rAssociationrr or the |tSubdivision Associationil shallmean and refer to Devonts Glen Homeowners Association, I.nc', a

rloriaa corporation not for profit, its successors and assigns'

2.10 rsurface Water or Stormwater Management Systemrr shallmean a systern "ni.n is designed and constructed or implernented. tocontrol d,ischarges which Jre necessitated by rainfall events'i"""iporating t"lhod= to coLlect, convey, store, absorb, inhibit,treat, use or reuse water to prevent or reduce flooding,

"""iai"inage, environmental degraditign, and w.ater pollution. or,othlrwise irrect the quantity ind quality of discharges fron t!.systen, as perrnitted pursuant to Chapters 40C-4, 40C-40, or 4AC-42,

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F.A. C. No Portionowned and maintainedlakes in Parcels P.

of the storm water managernent system wiII beby the Subdivision Association except for the

2.LL nDeclarationrr shall mean and refer to this Declaration ofcovenants, conditions, and Restrictions of Devon's Glen

2.LZ nConservation Easement Areastr shall mean certain realproperty identified as coNsERvATIoN EASEI{ENT AREAS on the plat offii::;[airilion and are subject to the restrj.ctions set forth inSection LZ of these Declarations'

2.L3 ltPersontt shall mean and include an individual-,

"orpoi"liott, governmental ag-ency, business trust, estate, trust,

;;;il;;=nip, issociation, sole proprietorsh.ip, joint venture, twoor more persons having a joint- or conmon interest, or any otherlegal entitY.

Z.L4 "Institutional L,enderrr shall mean a bank, savings andloan association, insurance comPany, real estate or mortgageinvestrnent trust, pension fund, agency of ,the united statesGovernment, mortgagd banker or companyr. Federal National Mortgageei=""iution, the Dlclarant or any affiliate of the Declarant orother lender generally recognized as an institutional type lender,which holds Jrnortgage on one or more of the Lots.

2.LS rGoverning Documentsrt shall mean and collectively referto the Declaration ind the Articles of Incorporation and Bylaws ofthe Association.

2.L6 nMaster Association Assessmentsrt shalL mean and refer tothose charges made by Master Association from time to tirne againstthe properi,y for the purposes set forth in the Master Declaration.

Z.LZ rMaster Documentstr shalL mean and refer to the documentsidentified in the Development Plan section of this DecLarationitr"i"air,g the Third runended and Restated Declaration of Covenants,;;;aiai""", and Restrictions for Suntree (hereinafter the 'rMasterpeciarationtt) and any Supplement to the Master Declaration and theArticles of Incorporiti".,i't- and Bylaws of. the Master Association, ?sthe sane r.y U" ainended from tfine to time and filed in the PublicRecords of Brevard County, Florida-

z.Lg npropertyrr or Propert,iesrr shall mean and refer to thatcertain real piopefty described in the Development PLan and Purposesections of ftriJ oedlaration and such adtlitions thereto as may bebrought within the jurisdiction of the Association.

2.Lg nUndeveloped P'arcelstr shall mean and ref er to thatcertain real property described in Schedules 2.19(a) and ?.19(?)

,which are attached hereto and incorporated herein, which ispresently unimproved and undeveloped which Developer rdY, but is

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not obligated to, develop,this Declaration -

irnprove and, bY annexation, subj ect to

ARTICLE 3

MEMBERSHTP AND VOTING RIGHTS

3.1 Every Owner of a Lot which is sgbject-to-assessment shallbe a Member oftn" Association. Menbership sharr be. appurtenant toand rnay not be separated frorn ownership of any Lot which is subjectto assessment.

g.2 The Association shall have two classes of votingMembershiP:

class A: Class A members shall be all owners, with the

"x""pffi-Ti the Declarant, of any. -plot of land shown upon any

i""oia"a plat of the Property ( t'lotl or ttlJotsrr) ' Each C1ass A

lnernber snitt be entitled tb onl vote for each Lot owned. When'more

than one person holds an interest in any Lot, _"a9lt such personshal-I be nembers, however, the vote for such Lot sha}l be exercisedi" ttt"y co1leclively determine, and in no event shaIl more than one

vote bL cast with respect to any Lot'

Class B: The C]ass B member shall be the Declarant (as

aetinft-in-ttre pecraration), who shall be entitled to three (3)

votes for each Lot owned. Unless converted earlier and volunta-rilyby the peclaiant, the Class B membership shall cease and be

converted to class A membership upon the first to occur of eitherof the following events:

(a) the total votes outstanding in the class A membershipequals the total votes outstanding in the class B

membershiP; or

(b) six (6) years from the date of the original recording oftne oel1iration in the public records of Brevard County,Florida; or

(c) at the election of the DecLarant (whereupon the Class AMembers shall be obligated to elect the Board ofDirectors and assume control of the corporation).

3.3 ceneral Matters. When reference is made herein, or inthe Articles of Incorporation, By-Laws, rules qnd regulati?l:,management contracts or otherwisL, to a najority or specificperc6ntage of Menbers, such reference shalI be deemed to bereference to a majority or specific percentage of the votes ofMembers and not of the Menbers themselves'

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ARTICI,E 4

PRoPERTYsuBJEcTToTEISDECIJARATIoNA}IDADDTTTONS TO TIIE PROPERTY

l{.1.PropertvSubiecttoD-e.claration'The-Propefty-is'.and

sha].lbe,he1d,transferreffi_conv-yea,andoccupiedsubjectto this Declaration

4.2 ennexation without asso-ci4tion +nrrroval'. - The Developermay f;;; t r in part, the undevelopedparcrirs under

- tn. -pr""i=ib"" hereof by recorded supplementar

decraration which shiarr .J-i"quire the consent of the existingovrnersr oE tne-essociation, "iaiy

rno-rtgagee or. the Federal Housing;ililf:tiation and the veterani earniniltration as 19tg as .

theFederal nousing- iari"istration and the Veterans Adrninistrationdetermine that the annexation is in accord with the GeneralDevelopment PIan heretofore approved by this Declaration'

The additional lands annexed in accordance with the provisionshereof shall ;;;;;; ="uiect to the provisions of this Declarationupon the recoraing in th-e Public nec6rds of Brevard County, Floridaof an arn"narnen{-'oi supplement hereto properly executed by tlt"Developer "rra withou€ - tfre consent of the members of theAssociation. untiL such imendrnent is recorded, no provisiol .."fthis DecLaration shall be effective as to all or any pgrtion of-theUndeveloped piicef s, nof =nif f this Declaration- c-onstitute a cl-oud

or encumlrance on tfie titte to said Undeveloped Parce1s.

4.3 Addtitions or Modifications. such amendments orsupplernents V contain such complementaryaahitions and modifications of this Declaration as may be necessaryto reflect the different character, if dDYr of- any -undevelgp?dparcels of property annexed pursuand a? thi; Declaration which isthe subject "i-=".ir

amendnenis or supplernents to the Declaration,and are not inconsistent with the scheme of this Declaration, ds

deterrnined, fV- ttt. Developer. Further, such- amendments orsuppLernents t'o ttre pecLarition may contain provisions relating tosuch undevel;;.d paicefs ,-; any'portions thereof , dealing with,among other things, assessrnents-aid the basis thereof, rules and

;;ili"[i""=, ir"tiit'.cturaf controls and other provisions consistentwith the nature of the develolrnent of such property and pertainingto aII o= purl of such undeveioped parcels to tne exclusion of theother portions of the ProPertY'

4.4 Other AnneXation of Propertv. L"19, other than landannexed in a of this Article' maY be

annexed to the Property with the consent of two-thirds (213r- ofeach class of Menbers of the Association, and with the approval.ofthe Feder"f i".rri"g-Aa^inistration and the Veterans Administrationi--fopg as there is a Class B menbership. Such annexation shallbecome effective upon tht iecording 6f an amendment to this'Declaration in the Public Records of Brevard county.

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4.5 plattinq. As long as there is a C1ass B membership, theDeclarant snaiG entitlefui uty .tine and from time to time, toplat and/or ,"pr..t.?II ot-.ny pirt-of the Property and to filesubdivision ,"Jt.i"tions ana/Jr ^imendments thereto with respect to I

any undevelop"d p.ttion or iortions of the Property without thecoirsent or apProval of an Owner'

4.6 Amendment. As long as there is a C1ass B membership, theprovisions orGFArticre 6annot be amended without the writtenconsent of the Declarant and' any amendment of this Article withoutthe written consent of tne becfirant shaIl be deerned null and void'

4.? Recordlation. Upon each commitment' of additionaL realproperty to th:ffi"-rati6n, a recordation of such additions shalrbe mad,e as a supptenent to this Declaration in the official Recordsof Brevard c""-"-tvl

"iioriaal sucrr rear property described therein

shalr be commiitaii to the covenants contained 1n this Declarationand shall be considered rrProperty" as fully as though originallydesignated herein as ProPertY'

{.Sss.ry.NothingintheseArticlesisintendedtolimitor restrict, ina-ny way the'Association's rights-or-abili-ty to m-erg=

wj.th any other-i'==o"1ution as the Board nby feel- is in the bestinteresfs of itt. Association and its Mernbers ' Upon a merger orconsoli.dation of the esso"iation with another association, aI1-

conmon Area, rigtrt= and obligations shaLl by op-eration of law' be

transferred t;'Lh; surviviig or . consolidated association oE,

alternatively, the prop"tCiei, rights and obligations of theAssociat,ion "! .-"ntl.ti.tfng corporation- pursuant tg a merger' TI't"surviving or consolidatLa issociation may administered thecovenants by this-;;;iarati"n within the Property to-gether with thecovenants "rrJ-i"=irictions

established by any supprement upon. any

other properties as one scheme. No such merger or-consolidation,however, shalI cause a revocation, ct-range 05 addition to thecovenants in ff," ;;;faration as it pertains to the Property, exceptas hereinafter Provided.

ARTICI,E 5

suBDrYrsroN ASSESSI{ENTS

5.1 General Purpose. The . Subdivision Association isorguri"-d for the purposi of pro-vi-ding common- services to lotowners, o*r,r.r! ",.,j

rii"tii"itg tie lake -a-nd grounds-, landscaping. on

Common Property, entranc"- Jign 1nd ligh{s,. and . providinqr the

enforcement of the Declaration, and "ngutitg in actiiities for themutual benef it of the """"ti.

A11 'Iot -owners are mernbers ofsubdivision Association.

-p.""isions retating to the subdivisionAssociation are contained in the Articles of Incorporation and By-Laws of the Subdivision essociation. The initial services to be

pioviaed by the Subdivision Association are: maintenance of Common

F;;;;;iy, -'in=,rrance on common Property, entrance sign and sign

lighting for Devon's Glen streets.

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The Subdivision Association shall be responsible for themaintenance, op"-rJiott and iepair of. lhe Tract P portions of thestormwater Management system-. Maintenance of the stormwater ,

Management Syst,eir shaIl rnean the exercise of practices which allow '

the systern to-fiovi;; dr;i".g", water storage, conveyance or otherStormwater Mariaglt.tt systern- cipabi-Iities as permitted by the st'Johns River liater Uanajlnerit _District. Any repair orreconstruction of the Stofmwater Management-system shalL be as

oerrnitted, or if-lnodified, ;; apProv-ed ny tne St' Johns River Water

ff;U;;ili ii"tricr. rhe s;. ;;f,;s nivei water Manasernenr Districtshall have the right to enforce.by a proceeding a! Iaw or in equitythe provisi""= -"J"t"inea in- tnis peilaration which relate to themaintenance,

'"p.riai;; .tta ="pair -of -the Stormwater Management

System. Any -it"ttatent

.-to in" Declaration which alter theStormwater lta'n.g;;"| Systen, Ueyona uraintenance in its original

"""aiii"", in-irlaing thl water mlnagement portiorrs of the Common

property, must have in" ptiot upptovit of the St Johns River Water

uanlgernent DistrictThe Subdivision Association shall have the right to increase

or reduce the level of =.t.ti""= it provides and to add or deleteservices by afiirmative vole of the irernbers in accordance with theBy-Laws of '-;;;--;rtUai.riii"t Association,' except that' thesubdivision a==o"i.tion shaIl be responsible for the maintenance'operation ""J;;;;it."r

tne portion-of the stormwater Managernent

System to Ue rniintained, UV it ?ld shall not delete, reduce ormodify any r"r.ri""= refaGt io the stormwater management system

without prior approval of- the st. Johns River water Management

District. In order to pav for these services, the subdivisionAssociation shall charge J==.=".ent,s against the lots and theirowners. Each owner i= p"t=o"iffy oUligitea for. assessments whichcome due during itt" timl such Owner owns the lot.

5.2 Enforce '

5.2.L Personal Obliqation. Each owner is personaLlyresponsible ana$Ete for lffiEnts which becorne due duringthe tirne such owner owns trr" rot. The personal obligation ofan owner for assessments sharl not pass to such ownerts

"rr""L="orc in title unless assumed by then.

s.2.2 l,ien. AII }ots are subject to a continuing-liento secure ,,"rrpufa- assessments duL to the SubdivisionAssociation in accordance with the provisions of thesecovenants, wfretner or not the deed to ttre lot refers to thesecovenants. Thi;- continuing lien also secures interest on

unpaid assessments and, t-he cost of collecting unpaidassessments, i".f"aing reasonable attorneytl fee-s.-. Notice ofthe lien sUaf i- fe gi*" by recording- a clairn of lien in thepublic.Records of Brevard county, Florida, stating^ the lota"="iiption, the name of the recoia owner, the amount due and

the due date. A claim of lien nay be filed against a lot for

rIt

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unpaid assessments after conveyance of the lot' Thei.tbai.ri=ion Association shall, without charge, oD_ writtenrequest of any owner or the mortgagee of any owner, furnish a

""itificate i; recordable form signed by an officer or duly

iuitrorizeA agent of the Subdivision Association which setsforth the assLssments levied against an owner and the owner'sIot and whether the assessnent has been paid. A properlyexecuted certificate shaII be binding on the subdivisionAssociation as of the date of its issuance. The lien shallremain in effect until aIl sums due to the subdivisionAssociation have been fullY Paid'

5.3 Annual Assessments. The Subdivision Association shalIfixtheanounffiftheannua1asSeSsment,theperiodsoi coffection, whether annualIy, serni-annually, guarterly orr""tttfy,--i"itially, annual assessments shall be payable in equ-al;;;ihii initattmerits. The Board of Directors shall notify theowners of each lot of the amount and the date on which theassessments are payable and the -place of payment. Annualassessments shall bd uniform. The initial annual assessnent forthe first fiscal year shal} be $180.00, with an additional start-upfee of $3O.OO pJyab).e at the initial closing of each lot' The

$30.O0 start-up'f6e per lot shall be paid to the Association at thetirne of closirig Uy ine first purchiser of a lot other than theDeclarant or .-n Olwner who pufchases solely for the Purqose of

"""=ti"cting a dweliing therLon for resale. The Association may

use the start-up fee for any of the purposes. set. forth in thisDeclaration. fne start-up fee shal1 be paid directly to .theAssociation. Notwithstanding anything to the contrary conlainednerein, the Declarant or an Ownei who purchases a lot solely f95the purpose of constructing a dwelling thereon for resale shallcollect at closing for the sale of said lot to a third party thestart-up fee to be paid to the Association'

5.{ Date of commencement of.Annual Assessments. The annualassessnent n upon conveyance of the lot toa Class A t"tl"i who is not the Developer. The first annualassessment for each lot sha1l be made for the balance of the fiscalyear of the SuUaivision Association. The first annual assessmentshaLl be due ;d;;y"Uf" in advance in the installments and at thepi;; estabtisned 6V the Subdivision Association at the time ofiuch conveyance. ar,L pnopERTY EXCEPT THAT WHICH IS LEGALLY PLATTED

INTO INDIVIDUAL LOTS AS PER A RECORDED PLAT OF DEVON'S GLEN SHALL

BE EXEMPT FROM ASSESSMENTS. FURTHERMORE, ALL PROPERTY OWNED BY THE

DEVELOPER, IN THE ORDINARY COT'RSE OF BUSINESS, INCLUDINGINDTVIDUALLY PI,ATTED LOTS, SHALL BE EXEMPT FROM ASSESSMENTS'

HOWEVER, THE DEVELOPER WILL PAY ALL COSTS INCURRED By THE

ASSOCIATION IN ACCOMPLISHMENT OF THE PURPOSES IDENTIFIED IN SECTION

5.1 HEREIN, IN EXCESS OF THE TOTAL AMOUNT COLLECTED BY THE

ASSOCIATION THROUGH ALL ASSESSMENTS.

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5.5 MaXimum Annual Assessment. until January 1 of the yearimrnediatery r of the first Lot to any owner,the maximum annual alsessment Jhatl be $r8o'00 per Lot'

,

5.5.1 FrOm and, after January 1-. of the yearimmediatefy foff"ti"g the conveyance of the first Lot to anyOwner, the' naxirnurn innual assessment rnay be increased eachyear UV fivapeicent (Sa) above.!h".maximum assessment for theprevious year unilateiuify by- the. Board of Directors withoutippt"""f iV a vote of the Mernbership'

5.5.2 From and after January 1 -.of the yearirnmediately rorrowing the conveyance of the first Lot to an

owner, to ir"t""=" the maximum annual assessment by more thanfive (5t) percent, a vote of two-thirds (2i3) of each class ofMembers ;!i" ;;; .r6tittg in person or by proxy at a rneeting dulycalled for that purpose, must occur'

5.5.3 The Board of Directors may fix the AnnuaIassessment, at an amount not in excess of the maximum'

5. 6 Special Assesslne.nts. In . addition to the AnnualAssessments, ffi Association may levy a specialassessment to p.v in whole-or in part for the cost of any n?iotconstruction, i.6""=truction, rePair or replacement of a capitalimprovement owned by the Subaivision Association or repair anyprivacy walls withou€ concurrence of the ovlners. A rnajor repair isi-i"p"i. made i; il existing capital irnp_rovement which exceeds Two-Thousand-rive-nutar"a (Sz,5oo.-oo) D9LLARS, and the useful life ofwhich is greater than one (1) year.. Replacement of a capitalirnprovement means any r"ifi"6ment of an existing capitalimprovement.

The subdivision Association may also levy or collect a specialassessment to acquire a new capital irnprovement o.r for any "!1"5purpose (othei-t\;; majoi refair or. replacement- of a capitalimprovementl Tr x11; =f"6iif aJsessnent i; approved by a vote .

oftwo-thirds tZtil of ttie votes of each class ot ttre Members of thesubdivision Association.

5.? Classes of Snecial Assess4ents. There are two (2)classes or rcjts for special assessment purposes:

5.?.1ClassI:Alllotswhichhaveahomeconstructed tfreilon which has been issued' a certificate ofoccupancy.

5.7 .2 Class II: AIl lots which are not Class I lots'

Special assessments for each class shall be uniform'Speciai assessments for each Class II lot sha}I not be more

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than twenty-five (252) percent of the assessment for class IIots

5. g Ef f ect of Non-Pavnent of Dgses-sBqnt i-.BemedieF ..9f -thenent not P"il ii!li1-Ii1:::",.{1ul...dly:Effiauedateshal}bearinterestfromthedatedueatthe

rate of EIGHTEEN (18?) PERCENT PER ANNUM or the highest -rateallowed under the taws of the state of Florida, whichever is less,;tii- paid. tn" Subdivision Association may bring an actionacrainst the owner of the lot for payment of the assessment and may

;;;;;;; ii; rien for the assessment by forecrosure or any other;;;;-i.r.ir.ur" under the law. The subdivision Association may

rii"" paynent of late fees and interest on an assessment, but may

;;t r.i.rl" p.y^-tt of the assessment. No member may w-aive orotherwise "ldape liability for assessnents by non-use of Commonpioplrty or by abandonnent of the lot owned by such owner'

5.9 Subordination of the Lien to Uortcr4qes. The lien of theassessments prorriaea for in tnis Declaration shalt be a lien=,rp"ii"r to ai1 oirt.r liens less and except real estate tax liensand the 1ien of any mortgage to any Instilutional Lender which isno$r or hereafter pia"ea upon any property.subject to assessment as-i""g

"" said mortgug" liLn is -a first 1ien against the propertyencumbered thereUy-piovided, however, that any such rnortgagee, when

i"-p""="ssionr oE .-ny re""iver, and in the event of a foreclosure,any purchaser at J forecLosure sale, and any such mortgageei"q"iting a deed in lieu of foreclosure, and aII persons clairningUyj tfrrorigfr or under such purchaser or mortgagee, shall hold titlesirUiect t-o ttre liabiLity and lien of any assessment corning dueafter such foreclosure (or conveyance in Lieu of foreclosure). Anyunpaia assessment whictr cannot [e collected as a ].ien against -anyf,ol fy reason of the provisions of this section shall be deemed tobe an assessment airiiaea equally among, payable by and .a li""igaihst af f f,ois "= io which tne f-oreclosure (or conveyance in. Iieuof foreclosure) took pJ.ace. Notwithstanding ?nY contrary Provisionhereofr Do rnstitutianal Lender acquiring_ title to _a Lot throughforeclosure or conveyance in lieu of foreclosure, and no purchaserat a foreclosure sat6, and no persons clairning by, through or undersuch Institutional

-Lender 6r purchaser, shall- be personally;;Iig"l;a 19;t-.=="==rents that accrue prio: to the.rnstitutionalLenderrs or ttr" foreclosure purchaser's acquiring title'

5.10 Damaqe bY Owners. The owner of a lot shalI berespons iUfE-f or any exper'r""-Itt.rrrred by the Subdivis ion Assoc iationto inaintain, r"pafr oi replace Common Property which is necessaryby reason of the ownerrs carelessness, neglect or wilLful action orby that of the owner's fanily, his guests, agents, tenants oriirvitees. Any such expense sha]I be a part of the assessment towhich the own-er's lot is subject and snltt be due any pa-yable inthe same manner as annual assessments provided for in theseCovenants.

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9s9

ARTICLE 6OWNER'S RIGHTS

6.1 Riqht to use connon FqoqqrtY. Each owner and members ofsuchowner,s@wittrtheownerorthetenantofanon-resident owner rral ttre ,,orr-'"*Jt.tlive rigltt t-o -G. gqryon P5gpertyfor the p"rp"=" for which it is intended, which shall be

.pp*rt"nant io and shall pass with title to the lot owned by theoffi;;, iuuject to the following provisions:

6.1.1 the right of the Association to chargereasonable admission lnd other fees for the use of anyi""reational facility situated upon Common Area;

6 .a.2 the right of the Association to su-sp.end tlr"voting rigrttr ana rignt to use the recreational facilities byan or""t ?"; ;t f"iioa during which any as.se-ssment againstthe owner;r l,"i ?drnains unpaid-and for. a perigd not to exceedsixty (60) days for any iniraction of its published rules andregulations;

6.1.3 the right of the Association to mortgage theCommon Area or dedicafe or transfer all or part of the Cornmon

Area to any homeowners association,-public agency' -authorityoi utiliiy"foi such purposes and :ubject to such conditions asmay be -lgi"La to - by the _

Members. No such mortgage,aehication-, or tranJfer shall be effective unless aninstrumenL'"gr"eing to such mortgager_ dedic-allo.t or transferapproved nV ir" thiids (213) of each class of Members has beenrecorded.

6.2 UtiLities. Each Owner shall have access to theundergrounaffi1ines,]'iftandpunping-statiql=,pipes,se$,ersi"a aiiinage Line5i constructed in the roads or other easements as

shown on the unit 1 plat recorded for the subdivision, d5 the sarne

may be t"fo"ii"J -3t"n1 tirne to time, subject to regulations andordinances of Brevard CountY.

6.3 Lot Easements. unLess the Association elects to rnaintaineasement areas on the Property, each owner shall be responsible forthe maintenance of all eisern6rit" situated on their respective Lotor Lots for utility or drainage purposes'

ARTICITE 7

RIGHTS oF TEE Subdivision Association

Z.L Enforcement Riqhts. The Subdivision Association, itsagentsor"*pffivetheright',.butn'ottheob1igati9.,to enter upon itty iot to cure any violation of these Covenants'i""i"ai"g irittton€ lirnitation, the right to remove any structure,Ui"ft is in violation of these Covenants and to enforce maintenance;;a iepair of lots and improvements. Any such removal, curing,

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maintenance or repair shall be at the expense of. the owner of theIot on whicn lne iriol"tiot, has occgrred or exists, which expense

shall, be payable by such o"tt.t to d1" ,SuUdivision Association on

demand. Entry to remove and cure any. violation of these Covenants "

shall not be a trespass and the subdivision Association shall notbe liable for any dinages on account of the entry'

The rights of the subdivision Association described in thisSection shall not be construed as a lirnitation of the rights of lheDeveloper or any ovtner to prosecute proceedings at law or in equityfor the recovery of damages-igain_st fier=ons vibtating or attemptingto violate theie covenints -or for the purpose of preventing-

. or

enjoining any violations or -itt"npted vlofltions. The rernedies

contained in thG section shall be construed as cumulat'ive of aIIother remedie- lroviaed at, Iaw or in equity. Th9 failure of theSubdivision assbciation to enforce theJe Covenants, however Long

"""ii""ing, shall not be a waiver of the right t9 enforce these

covenants at'"I-rii"r time. rn any action . brought ^by.. thesubdivision Association to enforce ttre provisions of theseCorr"t-nts, the!-"tJi',tision Association shall be entitled to recoverits attorney fees and costs if it is the prevailing party'

7.2 Other ASSeSSirents. Any amounts owed by any owner to theSubdivision Association as a result of the SubdivisionAssociationrs abating or curing violations of these Covenants ormaintaining "r-i"piiiitg

lots br homes shall be due and payablewithin fifteen tfSl aayi fron the date of receipt of a statementfor such amounts from ttre iulaivision Association' If any of saidsums are not faid when due, they "It?f] be added to and become partof the annual u"r"==t"r,t to which 'the lot is subject and

enforceable as provided in these Covenants'

?.3 ' The Subdivision Associationshall have the right:

?.3.LToadoptreasonablerulesandregulationspertaininf to the use of the Comnon Property atg.1ots, the;ilili[io" and rnaintenance of such property, and the safetyand convenience of the ownersi

7.3.2 TO COnVey Or encumber any common Propert_y ifauthorir"a uV two-tnira3 Qt3l vote of the C1ass A and ClassB menbers. N; t"aG"tion' o'r transfer shall be effectiveunless an instrument agreeing to the dedication or transfer';t- the Class B r"r-u"t=nip (until . Class B membershiptlrrninates) and thereafter fy ttrl president and secretary ofthe Subdivision Association certifying that the conveyance was

approvedbytwo-thirds(2/3rds)..of.theClassAmemberseilgiUfe *rot,e,-i= recorded.' 'The authorization contenplated bythi; subparagi:aph may be obtained at a meeting of the membersor by "i""tiioti of 1 written consent by the owners of therequisite number of 1ots, oE both of such methods.

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?.3.3TogranteasemenQsandrights-of-wayoverthecommon rilperty is'it -J""rns

neclssary or appropriate for theproper ""r?i"i?tg

and maintenance of -the common Property and

for the develop-rnent ;d improvement of any portion of thecommunitY.

T.3.4Toassessfinesforviolationofthesecovenants which shall be added to the next installrnent of theannualassessmenttowhichthelotissubjectS''dbeenforceJl;-;;"pioviaea in section 3 of these covenants -

7.3.s To release any Cornmon Property fro-m . t{t:dedication to the Sunaivisiori Association by th9 plat ifapproved by the cla:= f rnernrerstrip until it terminates and

thereaf t"ti ;t- tw"-tftiias- Qltraj1 of the Class A votingnembershiP.

7.4 Rssociation's liqhts of FntTy' The subdivisionAssociationr" "= or agents shall, 3tall reasonable times, have and po-ssess a reasonable right of entryand inspection upon the-common Area or any-Lot f'or.the purposes offully and f"it;i;irv ait";;;;i"s il". auiies of the Association'Non-excrusive easernlents ;;;- h6reby granted in

- favor of the

Association throughout the Property is .may reasonab-Iy be necessaryfor the Association to perfo?n-iG-!"tvicei required and authorizedhereunder, so long as none shall unreasonabli i-nter-fere with theuse of any Lot. Furthermore, dD easenent f= hereby.granted^infavor the a=JJ"i"t-i;; i""i"di"g, lts..agents -a.nd

de.signees' f."tpurposes of carrying out'-att -o6f igatio-ns and/or rights of theassociation ;;;r'";t to this Detlaration ' Furthermore ' a

nonexcrusive easernent is rrerlry created over aIr utirity easeT"l:=contained on the Unit 1 Pi;l;'ttti"tt e-asement is in favor of theAssociation, including its-"g6"t= ant designees.r. in perpetuity, toutilize for all propei purpoie= of the Association.

7.5 Authorized services. Tl" Association shall be

authori zed, uut not t.q,tii"dr:io provide the following. functionsand services and shall have Lasernlnt rights necessary to performsame:

?.s.L}ightingofroad,s,sidewalks,walksandpathsthroughout the ProPertY;

fire protection and prevention;

garbage and trash collection and disposal;

7 .5 .{ cond'ucting recreation , sport ' - craf t and

cultural progr"in=--;i -iriterest to ownersl including theiriitniri"", -tenints, guests and invitees i

7 .5.2

7 .5.3

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?.S.SprotectionandSecurity.,including,butnotIinited to, the ernptoltneni of sta€ionary or patrollingsecurity guards witirin- the Property , and operation of a

guardhouser'

7.5.6 maintenance of electronicsurveillance devices;

and other

7.5.7insta1].ation,operationandmaintenanceofcable teievision tacilities-, oi other communication systemsthroughout the ProPertY;

7.5.8 sUCh other services as are authorized in theAssociation Articles or BYlaws;

T.S.gcleanuprlandscaping'mai-ntenance'dredgl^ng'water treatment or oln"r care of canals, roads or otherproperry (;Gii; "i pri""te) adjacent to or near the Propertyto the extent such ".t" toora, i-n trre reasonable determinationofthegoard,bebeneficialtothePropert{lld.totheextentthat the Association his been granted the right to so care forthe affeciea property by the owner thereof or the other personauthorized to-grint !""i, right, including, but not limited to'any approlriatt governmentil- authority;

7.5.10 emergency repairs and other work on the Lotsreasonabiy ,,.".=s"rf foi tfrJ proper :naintenance and operationof the s"i,ai"iii;;,'includini, 6ut not limited to party wal1repairs.

ARTICLE 8

RTGHTS RESERVED BY DEVELOPER

8.1 Eminent Donain. If all or part of any easement grantedby Developer over property of the .Developg5 .iJ taken by eminentdomain, no claim stiall be'mad,e by the SuUdivision Association orany owner other than Developer .fo.I any portion. of any award,provided Developer shalf grint a sirnilar 6asLrnent, if necessary, toprovide owners iritn acces! io tn"ir lots and with utility service'

8.2reserved a perpetual easemliEnlGver ana unaet t!?-:1=-:5T:=- i::Conmon Property shown ott u.y Devonts GIen plat- for construction and

maintenance o.f electric ina telephone poles, -wires, cables,

"orra,tit=, watei mains, drainage lines or drainage. ditches, sewers,

i;;i;;ii;" titt"" and other conveniences or utilities' To the;tg;t peirnitted by law, Developer res.erves an exclusive easementover, oi and under ?ach lot for ine instaLlation and maintenance of

"tiri.ti.tr- ri""s. wires, pipes, power, telephone, cATv, radio-and

ielevision "uUf"= within- irre 'sriuaivision. The ovtners of lots

=rrUiect to the easements reserved in this section shall acquire no

;i;fia ;r interest in utility or cable television equiprnent placed

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