A. "Articles" shall mean and refer to the Articles of Incorporation of Seminole Woods Community Association, Inc., filed on September 6, 1978, Charter Number 744196, as same may be amended or restated from time to time. The Restated Articles of Incorporation stated March 4, 1996, are attached hereto as Exhibit "D".
B. "Association" shall mean and refer to Seminole Woods Community Association, Inc., a Florida corporation not for profit.
C. "Association Documents" shall mean and refer to (collectively) the Articles, Bylaws, Declaration and Rules and Regulations as defined herein.
D. "Bylaws" shall mean and refer to the Bylaws of Seminole Woods Community Association, Inc., as the same may be amended or restated from time to time. The Amended and Restated Bylaws dated March 4, 1996, are attached hereto as Exhibit "E".
E. "Common Areas and Facilities" shall mean and refer to real property owned by the Association including, but not limited to, the roadways, park site, utility site and related facilities and shall also include real property over which the Association holds an easement including, but not limited to, the equestrian trails, all as more particularly set forth herein.
F. "Community" shall mean and refer to the development known as Seminole Woods located in Seminole County, Florida, as more particularly described on Exhibit "B" attached hereto and incorporated herein by reference.
G. "Declaration" shall mean and refer to the Declaration of Restrictions dated September 11, 1978, and recorded in Official Records Book 1187, Page 603, Public Records of Seminole County, Florida, as same may be amended from time to time.
H. "Homesite" shall mean and refer to the residential parcels number 1 through 262 on the survey of Seminole Woods as reflected on attached hereto and incorporated herein by reference.
I. "Member" shall mean and refer to the members of the Association as defined in Article IV hereof.
J. "Rules and Regulations" shall mean and refer to the rules governing the use of the common areas and facilities as may be promulgated by the Board of Directors from time to time.
K. "Statute" or "Statutes" shall mean and refer to Chapter 617 Florida Statutes, as same may be amended from time to time.
The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described in Exhibit "B" attached hereto and incorporated herein by reference.
3.01 The Association shall own the roadways, the Park Site and utility site and related facilities (until and unless the utility site and related facilities are conveyed to Seminole County in accordance with that agreement between Seminole County and The Deltona Corporation dated August 23, 1978), and the Association shall hold an easement to the equestrian trails, all as delineated on Exhibit "C" hereto. In addition, the Association may hold such other easements at Seminole Woods as may be needed from time to time for drainage purposes and for the purpose of providing water utility services to the Homesites at Seminole Woods. The Association may also own or hold other interests in any real or personal property as is necessary or desirable for carrying out its purposes as set forth herein and in the Articles and bylaws. Every member shall have a right and easement of enjoyment in and to the Common Areas and Facilities which shall be appurtenant to and shall pass with the title to every Homesite, subject to the terms and conditions of the Association Documents.
3.02 All easements for utilities, drainage, ingress/egress, equestrian trails, and other purposes, as designated on Exhibit "C"hereto, are hereby reserved as perpetual easements for such uses and for the installation and maintenance of any attendant facilities. Any wall, fence, paving, planting or any other improvement located on an easement area shall be removed upon the request of the Association, the Architectural Review Committee, or any public utility using the easement area, and such removal shall be at the expense of the owner of the Homesite.
4.01 Every person or entity who is an owner of record of a fee or undivided fee interest in any Seminole Woods homesite which is subject to the Declaration shall be a member. Any person or entity who holds any interest in a Seminole Woods homesite merely as security for the performance of an obligation shall not be a member. Membership shall be appurtenant to and may not be separated from ownership of a Seminole Woods homesite. Every member of the Association shall be bound by the Association Documents as they may exist from time to time.
4.02 Each member shall be entitled to one (1) vote in the affairs of the Association for each homesite owned by said member. In the event a homesite is owned by more than one person or entity, the membership relating thereto shall nevertheless have only one (1) vote which shall be exercised by the owner or person designated by the owners as the one entitled to vote. Any and all actions to be taken by the Association as provided for in the Association Documents shall be taken by its Board of Directors unless a vote of the members is expressly required. Unless otherwise provided in the Association Documents or statutes, all matters may be decided by a majority vote of the members entitled to vote and voting in person or by proxy at a meeting duly authorized, called and held.
5.01 Creation of the Lien and Personal Obligation of Assessments. Each owner of a Homesite, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, covenants and agrees to pay to the Association assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with any interest thereon and costs of collection therefore, including costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made and shall also be the personal obligation of the record owner(s) of such property at the time when the assessment first became due and payable. The liability for assessments may not be avoided by waiver of the use or enjoyment of the Common Areas and Facilities or by the abandonment of the property against which the assessment was made. In the case of co-ownership of a Homesite, all of such co-owners shall be jointly and severally liable for the entire amount of the assessment.
5.02 Annual Assessments.
5.03 Special Assessments. In addition to its authority to collect annual assessments, the Association may from time to time levy special assessments upon its members for the purpose of defraying, in whole in in part, the cost of unexpected repairs or replacements or capital improvements to the Common Areas and Facilities provided that such special assessment is approved by more than seventy-five percent (75%) of the members entitled to vote and voting in person or by proxy at an annual or special meeting of the members. Notice of a members meeting at which a special assessment is being considered shall set forth the proposed amount and purpose of such special assessment. Each and every Homesite shall be assessed an equal pro rata share of any special assessment.
5.04 Effect of Nonpayment of Assessments. If any assessment is not paid on the date when due, then said assessment shall become delinquent and shall, together with such interest thereon and cost of collection therefore as hereinafter provided, thereupon become a continuing lien on the Homesite which shall bind such property in the hands of the then owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then owner to pay such assessments, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them, or unless the Association causes a lien to be recorded in the public records giving notice to all persons that the Association is asserting a lien upon the property.
Any assessment not paid within sixty (60) days after the due date shall bear interest from the due date at the maximum rate allowed by law. The Association may bring an action at law against the owner(s) personally obligated to pay the same and/or may foreclose its lien upon the property by judicial foreclosure. Interest and costs of collection, including attorneys fees and costs whether or not judicial proceedings are involved, shall be added to the amount of the unpaid assessment.
5.05 Subordination of the Lien to First Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage recorded prior to the time of recording a notice of lien. Any mortgagee which obtains title to a Homesite as a result of foreclosure of a first mortgage that is recorded prior to a notice of lien, or by voluntary conveyance in lieu of such foreclosure, shall not be liable for the assessments pertaining to such Homesite or chargeable to the former owner thereof which became due prior to the acquisition of title by said mortgagee. Any such transfer to or by a mortgagee shall not relive the transferee of responsibility nor the Homesite from the lien for assessments made thereafter. No sale or transfer shall release such Homesite from liability for any assessment thereafter becoming due.
6.01 No residences, additions thereto, accessory buildings, pools, fences, or any other structures shall be erected, placed, constructed, altered or maintained upon any portion of a Homesite unless a complete set of plans and specifications therefore, together with a plot plan indicating the exact location of the structure on the Homesite (and where applicable, indicating the location of conservation areas on the Homesite), shall have been submitted and approved in writing by the Architectural Review Committee as hereinafter defined. Such plans and specifications shall be submitted in writing over the signature of the owner or his duly authorized agent on a form which shall be satisfactory to the Committee.
Approval of plans and specifications may be withheld not only because of non-compliance with any of the specific provisions contained herein, but also by reason of the dissatisfaction of the Committee with the grading plan; location of the structure on the Homesite; the engineering, finish, design, proportions, architecture, shape, height, style or appropriateness of the proposed structure or altered structure; the materials selected; the kind, pitch or type of roof proposed to be placed thereon; or because of its reasonable dissatisfaction with any or all other matters or things which, in the reasonable judgment of the ARC, would render the proposed structure inharmonious or out of keeping with the general plan of improvements of Seminole Woods or with structures erected on other Homesites in the Community.
6.02 Architectural Review Committee. the Architectural Review Committee (hereinafter referred to as "ARC" shall be appointed by, and shall serve at the pleasure of, the Board of Directors. The ARC shall consist of a minimum of three (3) members, at least one of whom shall be a Board Member. The ARC shall have the following duties and powers:
A. To adopt, promulgate, rescind, amend and revise from time to time its rules and regulations governing architectural control, provided such rules and regulations shall be consistent with the provisions of this Declaration. The ARC shall keep its rules and regulations in written form and shall make them available to members and prospective members;
B. To consider for approval all buildings, fences, walls, pools, or other structures which shall be commenced, erected, repaired, modified or maintained upon the Homesites. Prior to commencing any of the foregoing, plans and specifications shall be submitted to the ARC as set forth in Section 6.01 hereof and the ARC shall, in writing, approve or disapprove all matters submitted to it within thirty (30) days of receipt of such submission; and
C. To require to be submitted to it for approval samples of any building materials proposed or any other data or information necessary to reach its decision.
6.03 If, after such plans and specifications have been approved, any building, fence, wall, or other structure or thing shall be altered, erected, placed or maintained otherwise than as approved by the ARC, such alteration, erection, and maintenance shall be deemed to have been undertaken without the approval of the ARC.
6.04 In the event the ARC fails to take official action with respect to approval or disapproval of any design or location or any other matter or thing referred to herein within thirty (30) days after request for such approval is properly made in writing to the ARC, then such approval will not be required, provided that the design and location on the Homesite complies with the Building Restrictions set forth in Article VII hereof.
6.05 Any member who wishes to appeal a decision of the ARC may file a grievance with the Board of Directors. At its next meeting, the Board shall review the plans and specifications submitted and shall hear testimony of the member and of the ARC. The final decision shall be made by majority vote of the Board of Directors.
7.01 Residential Use. Each of the Homesites at Seminole Woods shall be known and described as residential Homesites, and no structure shall be constructed or erected on any Homesite other than one detached single family dwelling not to exceed two stories in height and accessory building thereto. No Seminole Woods Homesite shall be used in any manner to access any real property adjoining or outside of Seminole Woods except by foot or horseback. This shall include the prohibition against using any Homesite, or any portion thereof, as a driveway or road to access property outside of Seminole Woods.
7.02 Homesites at Seminole Woods shall not be divided or resubdivided unless both portions of the divided Homesite are used to increase the size of adjacent Homesites and the line dividing the Homesite runs from fronting street to the existing rear property line.
7.03 Building Setbacks. Buildings on Homesites at Seminole Woods shall not be erected nearer than fifty (50) feet from the front property line (on corner Homesites, buildings shall not be erected nearer than fifty (50) feet from the property line at both streets), nor nearer than twenty-five (25) feet from any interior side property line, nor nearer than fifty (50) feet from the rear property line (on corner Homesites, the rear property line shall be the line opposite and most distant from the front property line having the shortest dimension). Swimming pool enclosures may not be erected within any of the setback areas provided for in this section unless and until their location and architectural and structural designs have been approved by the Architectural Review Committee. For purposes of this section, eaves and steps shall not be considered part of a building. No portion of any building on a Homesite shall encroach upon another Homesite, utility easement, equestrian trail easement or conservation area, all as delineated on Exhibit "C" hereto.
7.04 Clearing Setbacks. So as to leave a natural buffer around each Homesite, clearing shall not be permitted within fifty (50) feet of the front property line (corner lots will be considered to have two fronts) nor within twenty-five (25) feet of the side and rear property lines.
7.05 When two or more Homesites are used as one building site, the building and clearing set back restrictions set forth in this article shall apply to the exterior perimeter of the combined building site.
7.06 Obstruction to Sight Lines. no fence, sign, wall, hedge, shrub or other planting which obstructs sight lines at elevations between two (2) and six (6) feet above the level of a street or roadway shall be placed or permitted to remain on any corner Homesite within the triangular area formed by: (i) the two property lines of the Homesite abutting the streets or roadways; and (ii) a line connecting them at points twenty-five (25) feet from the intersection of the two property lines. The same sight line limitations shall apply where any entrance road, driveway or alley enters on a street or roadway, except in such cases, the triangular area shall be that formed by (i) the property line of the Homesite abutting the street or roadway and the line along the entrance road, driveway or alley; and (ii) a line connecting them at points ten (10) feet from the intersection of the two lines. Similarly, no trees shall be permitted to remain within any of the above described sight line areas unless the foliage is maintained at sufficient height to prevent obstruction of the same sight line.
7.07 The main dwelling on any Homesite shall have a total living area of 2,000 square feet or more (excluding porches, garages, carports, and other accessory buildings).
7.08 Ingress-Egress to State Roads 426 and 46. The following Homesites, as more particularly described on Exhibits "B" and "C" hereto, abut on or have access to both a private roadway within Seminole Woods and a state roadway:
Driveways or other means of access to the state roadways shall not be constructed or maintained on any of the Homesites described in this section as it is the express intention of these Restrictions to prohibit access to the state roadways directly from any Homesite.
7.09 Conservation Areas. Delineated on Exhibit "C" hereto are numerous areas designated as "Conservation Areas" which occupy portions of various Homesites at Seminole Woods. No building or other structure may be constructed or erected within any portion of a conservation area nor may a conservation area be altered by clearing, digging, filling or otherwise unless and until the plans, specifications and locations thereof are approved by the Architectural Review committee. However, such plans shall not be approved by the ARC if the building or other structure proposed to be constructed or erected or the proposed alteration of the conservation areas would, in the sole opinion of the ARC, affect the capacity of the conservation area to retain and/or absorb run-off water to such an extent as to adversely affect drainage on any Homesite or Common Area. This article with respect to conservation areas shall not in any manner diminish the rights and duties of the Architectural Review Committee as more fully set forth in Article VI hereof.
7.10 No changes in elevation of the land shall be made which will result in interference with the drainage of or otherwise cause undue hardship to adjoining property.
8.01 No noxious or offensive trade or activity shall be carried on upon any portion of any Homesite, nor shall anything be done thereon which may be or become an annoyance or nuisance to the general neighborhood.
8.02 No trailer, mobile home, tent, shack, garage, barn or other out building erected on any Homesite shall at any time be used as a residence, temporarily or permanently, nor shall any residence of temporary character be permitted on any Homesite.
8.03 Other than signs displaying owner's name or estate's name, no sign of any kind shall be displayed to the public view on any Homesite, except one (1) sign of not more than four (4) square feet advertising the Homesite for sale or rent. in addition, signs used to identify a builder or contractor during construction shall be allowed if approved by the Architectural Review Committee.
8.04 No oil drilling, oil development operation, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Homesite at Seminole Woods, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Homesite. No derrick or any structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Homesite.
8.05 Except for dogs, cats and other household pets, and horses and ponies, no animal, livestock or poultry of any kind shall be raised, bred or kept on any Homesite. No animals may be raised or kept for any commercial purpose. Stabling of horses and/or ponies shall be permitted at Seminole Woods; however, at no time shall the total number of horses or ponies kept on any Homesite exceed four (4).
8.06 Homesites shall not be used or maintained as a dumping ground for rubbish, trash, garbage, derelict vehicles or fixtures, and other waste shall not be allowed to accumulate and shall not be kept except in sanitary containers, which shall be maintained in a clean and sanitary condition.
8.07 No vehicle of any type may be parked or stored overnight on any of the Common Areas. Tractor-trailers, commercial vehicles, buses, recreational vehicles, or other like vehicles may not be parked or stored on any Homesite within the natural buffer described in Section 7.04 hereof.
8.08 Lawn, fence, hedge, tree and other landscaping features on Homesites shall not be allowed to become obnoxious, overgrown or unsightly in the reasonable judgment of the Architectural Review Committee or Board of Directors. if, after at least fifteen (15) days notice to the owner, any lawn, fence, hedge, tree or other landscaping feature remains obnoxious, overgrown, unsightly or unreasonably high, the Association has the right, but not the obligation, to cut, trim or maintain such lawn, fence, hedge, tree or other landscaping feature, all at the expense of the owner of such Homesite, which expense shall be collectible in the manner provided for assessments in Article V hereof. the Association or its agent shall not be deemed guilty of trespass by virtue of any maintenance so performed. The Architectural Review Committee shall have the right, from time to time, to adopt reasonable rules, regulations and standards governing the condition of lawns, fences, hedges, trees or other landscaping features.
8.09 Individual wells shall be permitted on Homesites to be used only for the purpose of irrigation, sprinkler systems, swimming pools or air conditioning systems. all wells shall be subject to any local, state or county regulations or permitting requirements. This restriction shall be enforceable so long as a water utility system is available and is operating to the satisfaction of all local, state and federal agencies having jurisdiction over such systems.
9.01 Buck Lake. All members shall have a right to the use and enjoyment of the lake known as Buck Lake and shall have access rights to said lake through the area designated "park Site" on Exhibit "C" attached hereto. The Board of Directors shall have the right to promulgate reasonable rules and regulations governing the use of Buck Lake and the Park Site and to enforce said rules and regulations in accordance with Article XII hereof.
9.02 Use of Lake Areas and Conservation Areas. As shown on Exhibit "C", certain lake areas and conservation areas that are not located solely on one Homesite are divided into segments of various size which segments are all included as portions of homesites. Ownership of any Homesite, a portion of which includes or abuts a lake or conservation area, shall entitle the owner thereof to an undivided right to the full use and enjoyment of any waters contained in that lake or conservation area. However, under no circumstances does this provision grant the right to anyone to build upon, use, enjoy or otherwise trespass on any portion of another's Homesite which lies landward of the actual waters of a lake or conservation area. It is expressly intended that each lake area and conservation area, with the exception of Buck Lake, shall be for the private and exclusive use and enjoyment of the owners of those Homesites which include or abuts such lake area or conservation area.
9.03 Maintenance of lake Areas and Conservation Areas. With the exception of Buck Lake, when a lake or conservation area is located on more than one homesite, the members of the Association who are owners thereof shall share the maintenance and responsibility for the lake or conservation area, and each group of Association members who share such maintenance responsibility for a particular lake or conservation area shall constitute a Sub-Association. Each Sub-Association, by a majority vote of its members, may establish its own rules and procedures and determine what, if any, maintenance will be performed on the lake or conservation area for which it has responsibility. In the event a Sub-Association determines to spend money from time to time to maintain their lake area or conservation area, all members of the Sub-Association shall be obligated to pay an equal pro rata share of the maintenance cost which shall be collectible by the Sub-Association.
10.01 So long as the Association owns and operates the water utility facilities at Seminole Woods, it shall require users of the utility services to pay for such services in accordance with a schedule of charges which shall be amended from time to time by the Association as provided in this article. The schedule of charges may include an initial connection fee to be paid to the Association upon application for water utility services. The Association shall review its schedule of utility service charges annually and the Board of Directors shall adjust them in accordance with any increase or decrease in the cost per gallon to the Association to provide utility services.
11.01 The Association may make reasonable modifications, amendments or additions to these Restrictions by the affirmative vote of a majority of the members entitled to vote and voting in person or by proxy at an annual meeting of the members or at a special meeting of the members called for the purpose of voting on such modification or amendment; provided, however, that any such additional restrictive covenants or modifications or amendments hereto shall not affect the lien of any mortgage then encumbering any of the Homesites and shall not affect the rights and powers of any mortgagees under such mortgages.
12.01 Fines/Suspension of Use Rights. In addition to all other remedies, the Association may suspend the rights of a member or a member's tenants, guests, or invitees, or both, to use the common Areas and Facilities and may levy reasonable fines against any member or any tenant, guest, or invitee for failure to comply with the Association Documents. The Board of Directors shall adopt procedures for imposing a fine or suspension in accordance with the Florida Statutes. At a minimum, said procedures shall include due notice requirements, an opportunity for an impartial hearing, and a schedule of fines not to exceed $50 per violation.
12.02 The Association, or any member, shall have the right to enforce, by proceeding at law or in equity, whether in an action for damages, injunctive relief or both, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. The remedies contained in this section shall be cumulative of all other remedies provided in the Declaration and legally available. Failure by the Association or by a member to enforce any covenant or restriction herein contained, however long continued, shall not be deemed a waiver of the right to do so thereafter. Should the Association find it necessary to employ an attorney or institute legal action against any member to enforce any provision hereof, the member shall pay all costs in connection with such action, including court costs and reasonable attorneys' fees for pretrial, trial, and appellate proceedings. In addition to the enforcement provisions contained herein, the Association is hereby granted an easement over the Homesite of each member for the purpose of enforcing the provisions herein and may go upon the homesite of said member to remove or repair any violation of, or to verify compliance with, any provision contained herein. In the event that the Association, after notice to the member of any violation and the member's failure to cure the same, does in fact exercise its right to cure violations, all costs incident to said action by the Association shall become an individual assessment and the personal obligation of the member.
13.01 These covenants and restrictions are to run with the land and shall be binding upon the Association and its members until January 1, 2009 at which time the covenants and restrictions contained herein shall be automatically extended for successive periods of ten (10) years unless, by vote of seventy-five percent (75%) of all members of the Association, it is agreed to modify, waive or extinguish the provisions of this Declaration, in whole or in part, as to all or any part of the Declaration Property.
14.01 Invalidation or removal of any of the covenants or restrictions contained herein by judgment, decree, court order or amendment by the Association, shall in no way effect any of the other provisions which shall remain in full force and effect.
15.01 In the case of any conflict between the Declaration, the Articles or the Bylaws, the Declaration shall control.
