Covenants & Restrictions

INDEX
for
 DECLARATION OF COVENANTS AND RESTRICTIONS 

 

DECLARATION

ARTICLE I

                        DEFINITIONS

ARTICLE II-A
                        LOTS, UNITS, COMMON PROERTIES
                         AND WATER MANAGEMENT  TRACTS
                                      1.       USE RESTRICTIONS
                                      2.       NUISANCES
                                      3.       TEMPORARY STRUCTURES
                                      4.       SIGNS
                                      5.       OIL AND MINING OPERATIONS
                                      6.       LIVESTOCK AND POULTRY
                                      7.       GARBAGE AND REFUSE DISPOSAL
                                      8.       WATER SUPPLY
                                      9.       SEWAGE DISPOSAL
                                    10.       COMMON PROPERTIES
                                    11.       WATER MANAGEMENT TRACTS
                                    12.       BUILDING, LANDSCAPING, AND
                                                OTHER IMPOVEMENTS
                                    13.       EXTERIOR COLOR OF UNITS
                                    14.       PARKING AND VEHICLES
                                    15.       OTHER USE RESTRICTIONS
                                    16.       EASEMENTS
                                    17.       RULES AND REGULATIONS
                                    18.       RIGHTS OF DEVELOPER
                                    19.       RENTAL OF UNITS
                                    20.       ENFORCEMENT
                                                            a.         Notice
                                                            b.         Hearing
                                                            c.         Penalties
                                                            d.         Payment of Penalties
                                                            e.         Collection of Fines
                                                            f.          Application of Penalties
                                                            g.         Non-exclusive Remedy
                                    21.       OWNER INFORMATION
                                    22.       SALE OF UNIT
                                    23.       ASSESSMENT ESCROW
                                    24.      MAINTENCE OF COMMUNITY INTEREST
ARTICLE II-B
                        TITLE TO COMMON PROPERTIES
ARTICLE III
                        MEMBERSHIP AND VOTING RIGHTS
                        1.        EVERY OWNER IS A MEMBER
                        2.         A.        Membership
                                    B.         Voting Rights
ARTICLE IV
                        MAINTENANCE, TAXES AND OTHER MATTER
                        1.           Association
                        2.           Lot Owners
ARTICLE V
                        MAINTENANCE OF UNIT AND LOTS AND
                        IMPROVEMENTS THEREON AND
                        LANDSCAPING THEREON
                                    Party Walls
                                                1.         General Rules of Law to Apply
                                                2.         Sharing of Repair and Maintenance
                                                3.         Destruction by Fire or Other Cause
                                                4.         Weatherproofing
                                                5.         Right to Contribution Runs with Land
                                                6.         Arbitration
                                                7.         Easements
ARTICLE VI
                        MAINTENANCE AND OTHER ASSESSMENTS
                        1.        Creation of Lien and Personal Assessments
                        2.        Purpose of Assessments
                        3.        Annual Assessments
                        4.        Special Assessments
                        5.        Duties of Board of Directors
                        6.        Effect of Non-payment of Assessments
                        7.        Subordination of the Lien to Mortgages
                        8.        Commencement of Assessment
ARTICLE VII
                        ARCHITECTURAL CONTROL COMMITTEE
                        1.          Review by Committee
ARTICLE VIII
                        TERM OF DECLARATION AND RESTRICTIONS
                         1.          Duration
                         2.          Notices
                         3.          Enforcement
                         4.          Annexation
                         5.          Severability
                         6.          Addition Definitions
                         7.          (Deleted)
                         8.          By-Laws and Articles of Incorporation
                         9.          FHA and Veterans Administration approval

 

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DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
EASTLAKES IN PEMBROKE PINES

THIS DECLARATION, made on the date hereinafter set forth by DCA HOMES, INC., a Florida corporation hereinafter referred to as “Developer”.

W I T N E S S E T H :

              WHEREAS, Developer is the owner in fee simple of the real property described on Exhibit A annexed hereto and intends to develop community to be known by the name EAST LAKES IN PEMBROKE PINES; and
              WHEREAS, in order to develop the community named above and preserve the values and amenities of such community, it is necessary to declare and subject such real property to certain land use covenants, restrictions, reservations, regulations, burdens and liens and to delegate and to assign to a corporation certain powers and duties of ownership, administration, operation and enforcement.

              NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, Developer hereby declares that the land described in Exhibit A annexed hereto shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, reservations, regulations, burdens and liens hereinafter set forth and the provisions of this Declaration shall be a covenant running with the land described in Exhibit A annexed hereto and be binding on all parties having any right, title or interest in the applicable land or any part thereof, their heirs, successors and assigns and shall inure to the property of each owner thereof. This Agreement and the terms and provisions this Agreement are sometimes referred to as “Declaration” or “Declaration of Covenants and Restrictions” or “Covenants and Restrictions”.

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ARTICLE I
DEFINITIONS

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS DECLARATION SHALL HAVE THE FOLLOWING MEANINGS–

1.       “Association” shall mean and refer to the EAST LAKES IN PEMBROKE PINES Homeowners’ Association, Inc., a Florida corporation not for profit, its successors and assigns, I which corporation’s name appears at the end of this Declaration as “Association”.  The Association is the entity responsible for the operation of this development and has the authority to exercise the functions herein provided.

2.       “Owner”, “Unit Owner” or “Lot Owner” shall mean and refer to the record owner, whether one or more persons or entities, I of the fee simple title to any Lot or Unit within the area described in Exhibit A-1 annexed hereto.

3.       “Common Property” or “Common Properties” shall mean and refer to the areas of land designated as such as described in Exhibit A-2 attached hereto, It is the intention of the Developer to designate portions of the property described in Exhibit A and A-l as common Property and to convey fee simple title to such Common Property to the Association as hereinafter provided. The Developer may designate portions of Water Management Tracts which abut lots and entire Water Management Tracts and buffer areas of land and other areas of land as Common Property.  Common Property may be land or land under water, i.e., lakes or waterways or portions thereof which are Water Management Tracts.

4.       “Water Management Tracts” shall mean those areas designated as such on the real property described in Exhibit A-l attached hereto. Each Water Management Tract shall be designated by the letter “L” and a number. The Association shall be responsible for the Water Management Tracts as hereinafter provided.  Water Management Tracts are lakes or portions thereof.

5.       “Lot” shall mean and refer to the lots described in Exhibit A hereto and any additions thereto.

6.       “Unit” or “Dwelling Unit” shall mean and refer to each unit situated on a lot or lots.

7.       “Developer” shall mean DCA HOMES, Inc., a Florida corporation, its successors and assigns.

8.       “Board” shall mean the Board of Directors of the Association.

9.       “Articles” shall mean the Articles of Incorporation of the Association.

10.     “Declaration” or “Declaration of Covenants and Re­strictions” or “Covenants and Restrictions” shall mean this Declaration of Covenants and Restrictions.

11.     “Association Expenses” shall mean the expenses and charges described in this Declaration incurred or to be incur­red by the Association and assessed or to be assessed upon the lots and units and the owners thereof.

12.     “Occupant” shall mean the person or persons other than the unit owner in possession of the unit.

13.     “Assessment” shall mean a share of the Association Expenses required for the payment of the Association Expenses which from time to time are assessed against the Lots and Units and Lot Owners and Unit Owners.

14.     “Surplus” shall mean the excess of all receipts of the Association from the Lot Owners and Unit Owners and any other income accruing to the Association over and above the amount of expenses of the Association

15.     “Block” shall mean and refer to a group of contiguous lots described in Exhibit A-l hereto as group and any additions thereto.

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ARTICLE II-A
 LOTS, UNITS, COMMON PROPERTIES
AND WATER MANAGEMENT TRACTS
COVENANTS AND RULES AND REGULATIONS

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1.        USE RESTRICTIONS.

        (a)     Lots must be owned only by a single family, used as a single family residence, and except as provided in Paragraph 1(b) below and Article II-A, Paragraph 19, occupied by the same single family that owns the Lot. No separate part of a Lot can be rented and no transient (as defined in Chapter 509, Florida Statutes) can be accommodated therein for compensation or commercial purpose. As used in this Declaration, the Articles of Incorporation, and the Bylaws, all as amended or renumbered from time to time (the “Governing Documents”), “family”, “single family”, or words of similar import are defined as not more than two (2) unrelated persons living together as a single housekeeping unit, or two (2) or more persons related by blood, marriage, or adoption and living together as a single housekeeping unit. Permanent occupancy is defined as living on the Lot as a sole or primary residence, residing on the Lot for a larger prorata portion of time than any other residence, or residing on the Lot for more than sixty (60) consecutive days. All permanent occupants, whether owners, tenants, or others, must complete an occupancy form, obtained from the Board of Directors (an “HOA Occupancy Form”) prior to becoming a permanent occupant or, for permanent occupants existing on the date this amendment is recorded, the HOA Occupancy Form must be completed within thirty (30) calendar days after this amendment is recorded. In the event there is any material change to the information contained on the HOA Occupancy Form, the permanent occupant is required to update the HOA Occupancy Form within seven (7) calendar days from the date of the material change. Failure to timely complete or update an HOA Occupancy Form is a material breach of this Declaration. In the event a Lot is intended to be or is actually occupied by an Owner and a non-owner, the Owner must be the primary occupant of the Lot and must occupy the Lot for as much or more time per calendar year as the non-owner. Any non-owner occupying the Lot for sixty (60) days in the absence of the Owner, or any guest occupying the Lot in violation of the guest restrictions in subsection (b) below, is deemed the primary occupant of the Lot, in violation of this provision, and must vacate the Lot, unless the Lot is leased in accordance with the leasing restrictions contained in the Governing Documents.

         (b) Guest Occupancy. A “guest” is defined as a person who enters upon the Lot at the invitation of an Owner or tenant, (or their respective families) for the purpose of visiting the Owner or tenant (or their respective families), or utilizing the Lot. Use or visitation without consideration (payment) distinguishes a guest usage from a tenancy. There are various types of guest uses, which are regulated as follows:

            (i)   Non-Overnight Guests When Tenant or Owner is Absent. Tenants and  Owners are prohibited from having non-overnight guests when the Tenant or Owner is absent from the Lot unless the non-overnight guest is registered with the Association by the tenant or owner prior to the non-overnight guest occupying the Lot. The Association can restrict or prohibit guest visitation by persons convicted of, but not limited to, sexual offenses, thefts, assaults and drug offenses.

                (1)   An Owner can have a non-overnight guest in the absence of the Owner for a maximum aggregate of seven (7) days in each calendar month, for an aggregate duration of not more than sixty (60) days per calendar year. It is the intent of this provision that once any non-overnight guest or combination of non-overnight guests visits for a combined total of seven (7) days in a calendar month, the owner cannot have any non-overnight guest in the absence of the owner until the commencement of a new calendar month. It is the intent of this provision that once any non-overnight guest or combination of non-overnight guests visits for a combined total of thirty (30) days in a calendar year, the Owner cannot have any non-overnight guest visit in the absence of the Owner until the commencement of a new calendar year.

           (ii)  Overnight Guests When Owner or Tenant is in Residence. Owners and tenants can have overnight guests, so long as the Owner or tenant is in simultaneous residence. The Association can restrict or prohibit guest visitation by persons convicted of, but not limited to, sexual offenses, thefts, assaults and drug offenses.

           (iii) Overnight Guests in the Absence of the Tenant or Owner. Tenants are prohibited from having overnight guests in the absence of the tenants’ simultaneous residence. Owners can have overnight guests in the absence of the Owner, subject to the following conditions and such other rules and regulations as deemed necessary by the Board to effectuate the residential, non-transient nature of this Association. The Association can restrict or prohibit guest visitation by persons convicted of, but not limited to, sexual offenses, thefts, assaults and drug offenses.

          (1) An Owner can have an overnight guest in the absence of the Owner for a maximum aggregate of seven (7) days in each calendar month, for an aggregate duration of not more than sixty (60) days per calendar year. It is the intent of this provision that once any guest or combination of guests occupies a Lot for a combined total of seven (7) days in a calendar month, the owner cannot have any guest occupy the Lot overnight in the absence of the owner until the commencement of a new calendar month. It is the intent of this provision that once any guest or combination of guests occupies a Lot for a combined total of sixty (60) days in a calendar year, the Owner cannot have any guest occupy the Lot overnight in the absence of the Owner until the commencement of a new calendar year.

          (iv) Guests Deemed Tenants. Any guest occupying or visiting a Lot contrary to the terms and conditions of this Declaration is deemed an illegal tenant, whether or not any consideration is being exchanged for the use of the Lot. Any guest deemed a tenant is also deemed disapproved, pursuant to the provisions of this Declaration. The Association can evict such guest/tenant, or bring any other legal or equitable action to have such guest/tenant removed from the property, in its own name and as the agent of the Owner, and to recover from the Owner and/or the guest/tenant, jointly and severally, the Association’s costs and reasonable attorney’s fees incurred in connection with such eviction or other legal or equitable action through all appellate levels, whether suit be brought or not, and/or to prohibit such guests/tenants from accessing the property; accessing, utilizing, or occupying the Lot; or accessing or utilizing any of the common areas, Association-owned property or common facilities. The remedies provided for herein are cumulative and in addition to any other remedy the Association has against the Owner or guest/tenant.

 

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2.       NUISANCES. No noxious or offensive activity shall be carried on upon any Lot or Unit, nor shall anything be done there­on which may be or may become an annoyance or nuisance to the neighborhood. No inflammable, combustible or explosive fluid or chemical substance shall be kept in any Unit or on any Lot except such as are required for normal household use and same shall be kept within the unit. No unit owner shall permit or suffer anything to be done or kept in his unit or, where applicable, on his lot which will increase the rate of insurance as to other Lot and Unit Owners or to the Association.

3.       TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be placed on any lot at any time.

4.     SIGNS. No sign of any kind (including “OPEN HOUSE” signs, except on Saturdays, Sundays and on all legal holidays), nor any advertisement of any kind shall be displayed to the public view on any Lot or Unit, or affixed to any post or pole on any Common Properties, or any Lot or Unit, except one sign advertising the Unit for sale or rent and having dimensions not greater than twelve inches (12″) x eighteen inches (18″) may be affixed to the facia board, wood trellis, or inside window of a Unit. An Open House for the sale or rental of a Unit may only be held on Saturdays^ Sundays, or Legal Holidays. An initial fine of two hundred fifty ($250.00) dollars shall be imposed upon any Unit Owner who violates the provisions of this Section, and said fine and any additional fines may be collected as set forth in Article II-A, Sec­tion 20, of this Declaration.

5.       OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any Lot. No derrick or other structure de­signed for use in boring for oil or natural gas shall be erect­ed, maintained or permitted upon any Lot.

6.       LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind be raised, bred or kept on any Lot or in any Unit, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose

7.       GARBAGE AND REFUSE DISPOSAL. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, gar­bage or other waste shall not be kept except in sanitary con­tainers or as required by the Association or the applicable ordinances of Broward County. All equipment for the storage or disposal of such material shall be kept in a clean and sani­tary condition.

8.       WATER SUPPLY. No individual water supply system shall be permitted on any Lot unless such system is located, con­structed and equipped in accordance with the requirements, stand­ards and recommendations of all applicable governmental authorit­ies and approval of such system as installed shall be obtained from such governmental agencies.

9.       SEWAGE DISPOSAL. No individual sewage-disposal sys­tem shall be permitted on any Lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of all applicable governmental authorities.  Approval of such system as installed shall be obtained from such governmental authorities.

10.     COMMON PROPERTIES. There shall be no alteration, addition or improvement of the Common Properties, except as provided in this Declaration, nor shall any person use the Common Properties or any part thereof in any manner contrary to or not in accordance with the rules and regulations pertaining thereto as from time to time may be promulgated by the Associa­tion or approved and authorized in writing by the Association.  A Common Property may also be a Water Management Tract.  However, all Common Property may be used for easements to all companies or entities offering utility and/or Cable Television services to any Lot and/or Unit to lay, construct, renew, alter, operate and maintain conduits, cables, pipes, wires, transformers, switching apparatus and other equipment, into, over and through the Common Property and Developer expressly reserves the right to grant easements in, over and to any Common Property.

11.     WATER MANAGEMENT TRACTS. No person shall use the Water Management Tracts or any part thereof in any manner con­trary to or not in accordance with the rules and regulations pertaining thereto as from time to time may be promulgated by the Association or approved and authorized in writing by the Association. A Water Management Tract will also be a Common Pro­perty.

12.     BUILDING, LANDSCAPING AND OTHER IMPROVEMENTS AND ZONING REGULATIONS. All buildings, improvements and landscaping, where applicable, shall comply with the minimum standards and zoning laws of Broward County, Florida in force at the applicable time. The foregoing also applies to the location of all build­ings and improvements, including landscaping of any type, pro­vided, however, notwithstanding the foregoing before any building or improvement is constructed or landscaping installed, the written approval of the Association, through the Architectural Control Committee, must be first obtained. The word “improvement” in this Declaration and Exhibits annexed hereto also means fences, walls and hedges. It is the intention of the Developer to empower the Association, through the Architectural Control Committee, with the authority to control not only the initial unit and improvements and landscaping and walls and fences to be con­structed on any Lot but also to control any change or modification to the original unit and improvements on any lot.  This provision shall be interpreted in its broadest sense, it being the intention of the Developer to permit a Lot or Unit Owner to make alterations and modifi­cations within the original unit without requiring consent or approval of the Association or to change and modify landscap­ing as to an area that is within the confines of the exterior to a unit. The Association shall have the power to enact rules and regulations to more specifically define the provisions of this paragraph.

13.     EXTERIOR COLOR OF UNITS. The exterior color of all Units, including the roof, walls and fences, if applicable, shall remain the color initially designated and determined by the Develop­er upon the construction of the Unit, provided, however, said color may be changed by a Unit Owner with the written approval of the Association being first had and obtained. The provisions of this paragraph as to color also include any and all improvements of any type or nature on a Lot.

14.     PARKING AND VEHICLES. The parking of trucks (except pick-ups, Sports utility Vehicles, minivans, and passenger vans), is prohibited. The following vehicles are not allowed; Trucks (except as provided above), commercial vehicles. open bed or fiat bed vehicles, vans (unless converted with rear seats and having windows on all sides, including the rear passenger area), vehicles with seating for 10 or more passengers, buses, motor homes, golf carts, campers, mobile homes, recreational vehicles, boats and trailers. Vehicles over two hundred twenty-eight (228) inches long shall not be permitted to be parked or stored at any time on any lot, or any other portion of the East Lakes community (hereafter referred to as the “Property”).  Vehicles with more than four tires are not permitted. Vehicles with tools or materials visible to the public are not permitted. Pickups, with bed tops higher than twelve (12) inches above the roofline are not allowed. Manufactured pick-up toolboxes attached to the front of the bed, next to the cab are allowed.

Parking spaces shall be used solely and exclusively for the purpose of parking private passenger vehicles and marked or unmarked police cars. Parking is permitted only in paved areas specifically designated and marked for parking, and parking in any other area is prohibited. Vehicles parked in any prohibited area shall be deemed to be in violation.  Vehicle maintenance or repair of vehicles anywhere on the Property is prohibited, except minor repairs as may be permitted in a rule promulgated by the Board of Directors. Stored vehicles, vehicles with expired tags or no tags, vehicles not owned, registered, leased or assigned to an owner or properly approved tenant, and vehicles that cannot operate under their own power are prohibited. Any vehicle parked and not moved from a quest parking space within a thirty 30-day period shall be considered to be a stored vehicle. No vehicle shall protrude onto or in any manner block or interfere with access to the vehicular easement areas or another parking space and any vehicle protruding, blocking or interfering shall be deemed in violation. Any and all vehicles that are parked in violation or prohibited vehicles may be towed at the owner’s expense without notice. This provision applies to all Owners, and the Owners’ family members, tenants, quests and other invitees of Owners and/or tenants. The Owner of record shall be responsible for compliance with this provision by all tenants, guests and invitees. This provision shall not apply to the temporary (less than 8 hours) parking of commercial vehicles used to furnish commercial services or deliveries to the Property, the Association and unit owners. The following definitions shall apply for the purposes of this section:

“Truck” means all vehicles built on truck frames (as recognized by the manufacturer as being different from passenger car automobile frames), with the exception that “truck” shall exclude pick-up trucks SUV’s (Sport Utility Vehicles), vehicles with seating designed for four but not more than nine persons, such as passenger vans and minivans.

“Van” means step-vans of any size or weight, panel trucks, or vans of any size or weight and any vehicle designated as a van by the manufacturer. “Van” shall include vehicle without side and rear windows. “Van” shall exclude vehicles , having seating for four but not more, than nine persons, such as passenger vans, passenger minivans, and all other vehicles of similar design.

“Commercial Vehicle” means all vehicles of every kind whatsoever, the use of which are primarily for business; or which from viewing the exterior of the vehicles for any portion thereof, show or tend to show any commercial markings, signs, displays, or otherwise indicate a commercial use.

“Bus” means all vehicles of any kind whatsoever which are manufactured, designed, marketed, or used as a bus.

“Open-Bed Vehicle” means all vehicles which have exterior unenclosed areas (including but not limited to flatbeds). no matter what the size, which unenclosed areas are manufactured, designed, marketed, or used for storage, placement, or transportation of goods, or any other types of objects.

“Camper” means all vehicles, vehicle attachments, vehicle toppers, trailers. or other enclosures or devices of any kind whatsoever, manufactured, designed, marketed or used for the purpose of providing temporary living Quarters.

“Mobile Home” means any structure or device of any kind whatsoever, which is not self-propelled, but which is transportable as a whole or in sections. which is manufactured, designed, marketed or used as a permanent or temporary dwelling.

“Motor Home” means any vehicles, which are self-propelled, and which are primarily manufactured, designed, marketed, or used to provide temporary living quarters for camping, recreational, or travel use.

“Recreational Vehicle” means any unit primarily designed as temporary living quarters for recreation, and/or camping, and which either has its own power, or is mounted on or drawn by another vehicle.

“Moped,” means any motor vehicle, with pedals to permit propulsion by human power, having a seat or saddle for use of the rider, and designed to travel on not more than three wheels.

“Boat” means anything manufactured, designed, marketed, or used as a craft for water flotation, capable of carrying one or more persons, or personal property.

“Trailer” means any vehicles or devices of any kind whatsoever which are manufactured, designed, marketed, or used to be coupled to or drawn by a motor vehicle.

“Golf Cart” means any vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding 20 miles per hour. Golf Carts are allowed for maintenance and inspection activities by East Lakes Homeowners Association personnel.

A particular vehicle may be included in more than one category or definition. A vehicle excluded or permitted under one category or definition may still be prohibited under another category or definition.

15. OTHER USE RESTRICTIONS.

a) &#160 No barbecue shall be placed on and no barbecuing shall be undertaken nor permitted on any Common Property.

b) &#160 No article(s) of personal property shall be hung nor shaken from the door or windows of any Unit.

c) &#160 No garbage, trash, refuse nor rubbish shall be deposit­ed, dumped nor kept on any Common Properties except in closed containers placed for pick up in accordance with rules and regulations promulgated by the Board.

d) &#160 No Owner shall supervise, direct or attempt to assert any control over any of the employees of the Association or of a management company employed by the Association, and no Owner shall request that any such employee undertake any private business for an Owner.

e) &#160 No statues of any nature whatsoever shall be placed upon Common Properties nor Lots.

f) &#160 Any Owner who plans to be absent from his Unit during the hurricane season must prepare his Unit prior to his departure by removing all furniture, potted plants and other movable objects from the exterior of the Unit.

16.      EASEMENTS. Easements for ingress and egress, access control, installation and maintenance of utilities, and drainage facilities, shall be reserved as shown on Exhibit A-1 annexed hereto.

17.      RULES AND REGULATIONS. The Board of Directors of the Association may from time to time adopt or amend previously adopt­ed rules and regulations governing the details of the operation, use, maintenance, management and control of the Common Properties and Water Management Tracts and governing and restricting the use and maintenance of the Lots and Units and improvements and land­scaping thereon, provided, however, that copies of such rules and regulations are furnished to each Lot Owner and Unit Owner prior to the time same become effective and provided that said rules and regulations are a reasonable exercise of the Association’s power and authority based upon the overall  concepts  and  provisions  in  this  Declaration.  The Association may enact rules and regula­tions governing the use and if permitted, the location and type of clothes lines upon a Lot, as well as the erection and install­ation of any antenna and/or aerial upon a Lot or Unit.

18.      RIGHTS OF DEVELOPER. Notwithstanding any provisions in this Declaration to the contrary, including the provisions of this Article II-A, the Developer shall have the right, with respect to the development of the property described in Exhibit A annexed hereto, to construct buildings and units and other improvements, including landscaping, on the property described in Exhibit A annexed hereto. The construction of buildings, units and improvements shall be of such type, nature, shape, height, materials and location, including landscaping (which term shall be defined in its broadest sense as including grass, hedges, vines, trees and the like) as Developer determines in its sole discretion without obtaining the consent and approval of the Assoc­iation and the Architectural Control Committee, provided, however, that same complies with the applicable building standards and zoning laws of Broward County, Florida in force at that time.

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19.     RENTAL OF UNITS.

           (a) A Unit Owner intending to make a bona fide lease of his Unit must give to the Association notice of such intention, together with the name and address of the intended lessee, a fully executed copy of the proposed written lease agreement, which must be on a written lease agreement form approved by the Association, a completed lease application (provided by the Association), a screening fee and security deposit in the amount provided below and such other information as the Association may reasonably requires. As part of this Notice, the intended lessee must schedule a personal interview with the Board or a Screening Committee selected by the Board of Directors. The prospective lessee must agree to a complete background investigation including, but not limited to, criminal history, prior residential history, and civil litigation history. In the event the lessee moves in without the prior written permission of the Association, the lease application is deemed automatically withdrawn and the Association must take all necessary legal acts terminating this unauthorized tenancy, and in such event, the lessee and the unit owner are jointly and severally liable for court costs and for reasonable attorney’s fees. The Association must charge and the prospective lessee must pay a transfer/approval fee in the amount of one hundred dollars ($100.00). Within thirty (30) days after receipt of the notice and all documentation, information, background investigations, background reports, personal interviews and fees required in this Declaration, the Association must either approve or disapprove the proposed transaction. All rentals must be pursuant to a standard written lease form provided by the Association. Said lease must expressly require the tenant to abide by the Declaration of Covenants and Restrictions of East Lakes at Pembroke Pines and the rules and regulations of the Association, and must appoint the Association, at the Association’s option, as Attorney in Fact for the enforcement of the terms and provisions of the lease, except as to payment of rent. In the event the Association does act as Attorney in Fact as to the enforcement of any of the provisions of a lease, the unit owner must reimburse the Association for any and all monies expended as a result of such enforcement action, including all costs and attorney’s fees. A fine must be levied against any Unit Owner who violates the provisions of this Section. The fine and any additional fines can be collected as set forth in Article II-A, Section 20 of this Declaration.

          (b) Only entire Units can be leased. No Unit can be leased and leasing is prohibited for the first three (3) years of ownership, which commences upon the date title to the Unit is acquired. In the event the instrument of conveyance is recorded subsequent to the date title to the Unit is acquired, then the 3-year period is extended so that it terminates three (3) years subsequent to the recording of the instrument of conveyance. No Unit can be leased and leasing is prohibited unless and until the Unit Owner has actually permanently resided in the Unit for three (3) years. No lease can be for a period of less than one (1) year, nor for a period of more than one (1) year, and no Unit can be leased more than one (1) time per twelve (12) month period commencing upon the first day of the effective date of the lease. After an approved lessee has actually resided in the Unit for a period of at least twelve (12) consecutive months, and a new lease with the same lessee has been approved, if that new lease is terminated prior to the end of the term by the Unit Owner or the approved lessee, or if that new lease is abandoned by the approved lessee prior to the end of the term, the Unit Owner can lease the Unit one more time during the same twelve (12) month period immediately following the terminated or abandoned lease. Subleasing is prohibited. Renewals or extensions of a lease are prohibited, as every lease must be a new lease. Occupancy of a Unit by a lessee or prospective lessee prior to the time such lessee and lease are approved by the Board is prohibited and, in the event of such unauthorized occupancy, the lessee or prospective lessee is deemed to have withdrawn the application for lease approval. Only those persons who are named lessees on the lease and who were approved by the Board at the time the lease application was approved can permanently occupy the Unit. Any time after the original approval, any person or persons, regardless of their relationship to the lessee, desiring permanent occupancy must be approved by the Board in writing and the lease must be amended to include such other approved permanent occupant as a named lessee. No persons, other than those specifically enumerated hereinabove, can permanently occupy a Unit. The Board has the authority to require a uniform form of lease or addendum prepared by the Board. Each tenant and other invitee is governed by, and must comply with the provisions of Chapter 720, Florida Statutes, this Declaration, and the Articles of Incorporation, Bylaws, and Rules and Regulations of the Association, all as amended or renumbered from time to time, and the provisions thereof are deemed expressly incorporated into any lease of a Unit. Actions for damages, injunctive relief, eviction, or removal of the tenant or other invitee or occupant of a Unit, for failure to comply with said provisions, can be brought by the Association against any tenant leasing a Unit and any other invitee occupying a Unit, and the provisions hereof are deemed expressly incorporated into any lease of a Unit.

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20. ENFORCEMENT: Every unit owner and approved tenant must comply with the rules and regulations of the Association, as amended or renumbered from time to time (the “Rules”) and the provisions of the Governing Documents. Failure of a unit owner or approved tenant to comply with the Rules and the Governing Documents is grounds for action which can include, without limitation, an action to recover sums due for damages, injunctive relief or any combination thereof. The failure of the Association to enforce the covenants, restrictions or other provisions of the Governing Documents and the Act is not a waiver of the right to enforce such documents or the Act for any future violation or default. The Association has the right to suspend voting rights and use of recreational facilities in the event of failure to so comply with the Rules and the Governing Documents. In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines can be imposed upon a unit owner or approved tenant, or their family members, guests, invitees or employees, for failure or refusal to comply with the Rules and the Governing Documents, provided the following procedures are adhered to:

        (a) FINES: In addition to the remedies available elsewhere in the Governing Documents, the Association can levy and collect fines against a Lot and a Lot Owner for the failure of the Lot Owner or the Lot Owner’s family, or the occupant, tenant, licensee, invitee, or guest of any of the foregoing, to comply with any provision of Chapter 720, Florida Statutes (hereinafter the Act) or the Governing Documents. The procedure for levying fines is as follows:

        (b) Covenant Enforcement Committee. The Board of Directors appoints a Covenant Enforcement Committee (hereinafter Committee) that determines whether a fine should be levied for a violation of any of the provisions of the Governing Documents or the Act. The Board of Directors can remove or replace any member of the Committee or the entire Committee at any time, without cause.

        (c) Notice. In the event the Board believes a violation of the Governing Documents or the Act has occurred or is occurring, it can provide written notice to the person(s) alleged to be in violation, and the owner of the Lot which that person occupies or occupied at the time the violation was committed, if the alleged violator is not the owner, of the opportunity for a hearing before the Committee, as provided below. The notice must be mailed or hand-delivered to the alleged violator, and the owner of the Lot which that person occupies or occupied at the time the violation was committed, if the alleged violator is not the Lot Owner, not less than fourteen (14) days prior to the hearing. The notice must state the date, time and place of the hearing, the provisions of the Governing Documents or the Act that have been violated and a short and plain statement of the matters asserted by the Board. The Board can, on and for its own accord, change the date, time, or place of the hearing by mailing or hand-delivering a revised notice in the same manner as the original notice. The alleged violator or the Lot Owner has no right to require the Board to change the date, time, or place of the hearing. The notice must also specify, and it is hereby provided, that each occurrence or recurrence of the alleged violation or each day during which it continues is a separate offense, subject to a separate fine in the highest amount permitted by law. If the Board does not have or know the address of the alleged violator, and the owner of the Lot which the alleged violator occupies or occupied at the time the violation was committed fails or refuses to give the Board the address of the alleged violator, then the notice of hearing mailed or hand-delivered to the Lot Owner is also notice to the alleged violator and, for all purposes hereunder, the Lot Owner is the alleged violator.

        (d) Hearing. before the Committee, as provided below. The notice must be mailed or hand-delivered to the alleged violator, and the owner of the Lot which that person occupies or occupied at the time the violation was committed, if the alleged violator is not the Lot Owner, not less than fourteen (14) days prior to the hearing. The notice must state the date, time and place of the hearing, the provisions of the Governing Documents or the Act that have been violated and a short and plain statement of the matters asserted by the Board. The Board can, on and for its own accord, change the date, time, or place of the hearing by mailing or hand-delivering a revised notice in the same manner as the original notice. The alleged violator or the Lot Owner has no right to require the Board to change the date, time, or place of the hearing. The notice must also specify, and it is hereby provided, that each occurrence or recurrence of the alleged violation or each day during which it continues is a separate offense, subject to a separate fine in the highest amount permitted by law. If the Board does not have or know the address of the alleged violator, and the owner of the Lot which the alleged violator occupies or occupied at the time the violation was committed fails or refuses to give the Board the address of the alleged violator, then the notice of hearing mailed or hand-delivered to the Lot Owner is also notice to the alleged violator and, for all purposes hereunder, the Lot Owner is the alleged violator.

        (e) Evidence. Subsequent to any hearing, the Committee determines whether there is sufficient evidence of a violation or violations as provided herein. Failure of the alleged violator, or failure of the owner of the Lot which the alleged violator occupies or occupied at the time the violation was committed, if the alleged violator is not the Lot Owner, to attend the hearing is an admission of the violation. If the Committee determines there is not sufficient evidence of a violation, the matter must be ended and no fine can be levied. If the Committee determines there is sufficient evidence of a violation, the Committee must forward its findings, conclusions and recommendations to the Board of Directors. In the Board’s discretion, the Committee’s findings, conclusions and recommendations can be presented to the Board in writing or can be presented to the Board verbally as a committee report at a Board meeting.

        (f) Payment of Fine. Based upon such Committee findings, conclusions and recommendations, the Board of Directors can levy a fine for each violation in the highest amount permitted by law for each occurrence or recurrence of the violation or each day during which it continued. A fine can exceed one thousand dollars ($1,000.00) in the aggregate. In the event a fine exceeds one thousand dollars ($1,000.00) in the aggregate, the fine can become a continuing lien against the Lot and the personal obligation of the Lot Owner. A fine secured by a lien is collected by the Association in the same manner as assessments as provided in Article VI of this Declaration. In the event the Board of Directors determines to levy a fine, the Board of Directors must send a written notice to the violator and the Lot Owner, if the violator is not the Lot Owner, advising the fine has been levied, the amount of the fine and requiring payment of the fine within seven (7) days from the date the notice is mailed or hand delivered. The Lot Owner is jointly and severally liable with the violator for payment of all fines.

        (g) Contribution or Indemnity. Nothing herein interferes with any right that a Lot Owner has to obtain payment from a violator in the amount of any fine or fines assessed against that Lot Owner or that owner’s Lot.

        (h) Rights Cumulative. Nothing herein is a prohibition of or a limitation on the right of the Association to pursue other means to enforce the provisions of the Governing Documents or the Act, and all rights and remedies of the Association are cumulative and not exclusive.

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21.      All owners must submit updated information of their addresses, e-mail addresses and telephone numbers for local and/or out-of-town locations. This information is vital in case of emergency and will be kept confidential by the Association to the extent permitted by law.

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22.     No Unit can be sold or otherwise transferred, and no Owner, prospective owner, or other transferee can occupy a Unit, unless and until the Owner, prospective owner, or other transferee appears for a personal interview with the Board of Directors of the Association or a committee designated by the Board for the purpose of receiving, discussing and signing for receipt of the governing documents, including the Association’s Rules and Regulations.

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23. ASSESSMENT ESCROW: Prior to the purchase or other acquisition (“purchase”) of any Lot after the date this amendment is recorded, a prospective owner is required to deposit an assessment escrow with the Association in an amount equal to twelve (12) months of regular assessments scheduled to be paid by the Lot being purchased in the next twelve (12) months. If this twelve (12) month period covers more than one fiscal year and the budget is not approved for the subsequent fiscal year, the amount can be based on the assessments for the particular Lot being purchased as of the date of the application and notice to the Association. However, if, as of the date of application and notice to the Association, the Association has approved a regular assessment increase or decrease for a date certain in the future, same must be taken into account when calculating the twelve (12) months of assessments. No offer to sell or purchase a Lot can be made or accepted, no offer to sell or purchase a Lot is bona fide, no notice to the Association of an offer to sell or purchase a Lot can be made or accepted, and no sale or purchase of a Lot can be completed, unless the offer is accompanied by an escrow payment to the Association in an amount complying with the above. The assessment escrow deposit is held by the Association as security in the event the owner defaults in the payment of any regular or special assessment, fine, or other sum due to the Association, including interest, late fees, costs and attorney’s fees incurred in collection, whether suit be brought or not. The Association has the right, but not the obligation, to apply all or any portion of the deposit to any assessment or installment thereof, fine, or any other sum that is due the Association that is not paid in full and on time. In the event the escrow deposit, or any portion thereof, is applied as provided herein, the owner must deposit with the Association, upon written demand therefor, an amount sufficient to restore the escrow deposit to its original amount, and the failure to do so constitutes a material violation of this Declaration. The escrow deposit can be kept in a non-interest bearing account, at the Association’s sole discretion. However, should the Association, in its sole discretion, elect to deposit the money in an interest bearing account, then all interest must be treated as part of the escrow deposit and used by the Association, or returned by the Association, in accordance with the other provisions herein.

          (i) If title to the Lot is transferred to a third party in accordance with this Declaration and the owner, at that time, is not delinquent in the payment of any assessment or installment thereof, fine, or other sum due the Association, the balance of the escrow deposit will be returned to the owner promptly after the Association approves the transfer and receives the appropriate escrow deposit from the new owner.

          (ii) If, at the time title to a Lot is transferred to a third party by any means whatsoever, whether by court order or otherwise, the owner is delinquent in the payment of any assessment or installment thereof, fine, or any other sum due the Association, the Association must use the escrow deposit to pay the delinquency, or such portion of it sufficient to pay the delinquency, and the balance of the escrow deposit, if any, will be returned to the owner promptly after the Association approves the transfer and receives the appropriate escrow deposit from the new owner.

          (iii) In the event the escrow deposit is not sufficient to pay the full amount due to the Association, the owner and the owner’s grantee or the person acquiring title by any means whatsoever are jointly and severally liable for the balance due the Association. The remedies provided for herein are cumulative and in addition to any other remedy available to the Association. Nothing herein limits or excludes any of the Association’s rights or remedies or method of enforcement.

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24. MAINTENANCE OF COMMUNITY INTERESTS:

A. Transfers Subject to Approval.

          1. Sale or Other Transfer. No Owner can sell a Lot or any interest in a Lot without the prior written approval of the Board of Directors. No Owner can transfer title to a Lot or any interest therein by other means (including agreement for deed, installment sales contract, lease-option or other similar transactions) without the prior written approval by the Board of Directors.

          2. Permanent Occupancy. No Owner can dispose of any possessory interest (including but not limited to roommates or additional family members) of a Lot without the prior written approval of the Association. If any person acquires possession of a Lot or any possessory interest in a Lot, the continued possession and/or possessory interest is subject to the written approval of the Association.

B. Approval by Association. The approval of the Association that is required for the sale or transfer of Lots must be obtained in the following manner:

          1. Notice to Board of Directors.

          (a) Sale. An Owner intending to make a bona fide sale of the Lot or any interest in it must give the Association notice of such intention, together with the name and address of the intended purchaser and all proposed permanent occupants, a fully executed copy of the complete proposed sales contract, along with any and all addenda or exhibits, a completed application for sale and purchase (provided by the Association), a screening fee in the amount provided in this Declaration and such other information concerning the intended purchaser and all proposed permanent occupants as the Association reasonably requires. As part of this Notice, the intended purchaser and all proposed permanent occupants must schedule a personal interview with the Board or a Screening Committee selected by the Board of Directors. The prospective purchaser and all proposed permanent occupants must consent and agree to a complete background investigation including, but not limited to, criminal history, credit history, prior residential history, public records history and civil litigation history and the preparation of report(s) in connection therewith, except that a permanent occupant who will not be a named grantee is not required to submit to a credit history background investigation, unless such permanent occupant is guaranteeing the financial obligations for the Lot or the prospective grantee. In the event the prospective purchaser or any proposed permanent occupant moves in without the prior written permission of the Association, the purchase application will be deemed automatically withdrawn and the Association must take all necessary legal actions to terminate this unauthorized occupancy and evict such unauthorized occupants and, in such event, the prospective purchaser, all proposed permanent occupants and the Owner will be jointly and severally liable for the Association’s court costs and reasonable attorney’s fees through all appellate levels, whether suit be brought or not.

          (b) Permanent Occupancy. An Owner intending to give a bona fide possessory interest of the Lot (including but not limited to roommates or family members) must give to the Association notice of such intention, together with the name and address of the intended permanent occupant, a completed application for permanent occupancy (provided by the Association), a screening fee in the amount provided in this Declaration and such other information concerning the intended permanent occupant as the Association reasonably requires. As part of this Notice, the intended permanent occupant must schedule a personal interview with the Board or a Screening Committee selected by the Board of Directors. The prospective permanent occupant must agree to a complete background investigation including, but not limited to, criminal history, credit history, prior residential history, public records history and civil litigation history and the preparation of report(s) in connection therewith, except that a permanent occupant who will not be a named grantee is not required to submit to a credit history background investigation, unless such permanent occupant is guaranteeing the financial obligations for the Lot or the prospective grantee. In the event the prospective permanent occupant moves in without the prior written permission of the Association, the permanent occupancy application is automatically withdrawn and the Association must take all necessary legal actions to terminate this unauthorized occupancy and evict such unauthorized occupants and, in such event, the prospective permanent occupant and the Owner are jointly and severally liable for the Association’s costs and reasonable attorney’s fees through all appellate levels, whether suit be brought or not.

          (c) Failure To Give Notice. Any event transferring ownership or possession of a Lot which occurs without the required prior notice having been given to the Association and without prior Association approval is void ab initio. The Association must take any and all necessary legal actions to terminate such prohibited transfer of ownership or possession and evict such unauthorized occupants. The Association must recover its costs and reasonable attorney’s fees from the Owner and/or possessor of the Lot, jointly and severally, through all appellate levels, whether suit be brought or not.

          2. Certificate of Approval.

          (a) Sale. If the proposed transaction is a sale, then within thirty (30) days after receipt of the notice and all documentation, information, background investigations, background reports, personal interviews and fees required in this Declaration, the Association must either approve or disapprove the proposed transaction. If approved, the approval must be stated in a certificate executed by any officer of the Association, in recordable form.

          (b) Permanent Occupancy. If the proposed transaction is for a permanent occupant, then within thirty (30) days after receipt of the notice and all documentation, information, background investigations, background reports, personal interviews and fees required in this Declaration, the Association must either approve or disapprove the proposed transaction. If approved, the approval must be stated in a certificate executed by any officer of the Association.

C. Disapproval by Board of Directors.  If the Board of Directors disapproves a transfer of a Lot, the matter must be disposed of in the following manner:

          1. Sale. If the proposed transaction is a bona fide sale, if the prospective purchaser and all prospective occupants have met all the requirements set forth in this Declaration, and if the Owner has made a written demand, at the time the notice of intended sale is delivered to the Association, for the Association to purchase the Lot in the event the sale and purchase are disapproved, then, within thirty (30) days after receipt of the notice and all documentation, information, background investigations, background reports, personal interviews and fees required by this Declaration, the Association must deliver or mail by certified mail, return receipt requested, to the Owner an agreement to purchase the Lot signed by a purchaser approved by the Association, or an agreement to purchase signed on behalf of the Association, in which event the Owner must sell the Lot to the named purchaser at the price and upon the terms stated in the disapproved contract to sell or at the Fair Market Value as determined below.

          (a) Fair Market Value. At the option of the Association, which must be stated in the agreement, the price to be paid must be that stated in the disapproved contract to sell or must be the fair market value determined by arbitration in accordance with the then existing rules of the American Arbitration Association. The arbitrators must be two (2) licensed real estate appraisers experienced in the South Florida residential real estate market, one of whom must be appointed by the Owner and the other of whom must be appointed by the Association. The arbitrators must base their determination upon an average of their appraisals of the Lot and a judgment of specific performance of the sale upon the award rendered by the arbitrators can be entered in any court of competent jurisdiction. The expense of the arbitration must be shared equally by the parties. In any such action for specific performance, the prevailing party will be entitled to recover costs and reasonable attorney’s fees, through all appellate levels.

          (b) Closing. The purchase price must be paid in cash. The sale must be closed within thirty (30) days after the delivery or mailing of the agreement to purchase, or within ten (10) days after the determination of the sale price, if such is by arbitration, whichever is the later. If the Association fails to purchase or provide a purchaser upon the demand of the Owner in the manner provided, or if a purchaser furnished by the Association defaults in the agreement to purchase, then notwithstanding the disapproval, the proposed transaction will be deemed to have been approved and the Association must furnish a certificate of approval.

          2. Permanent Occupant. If the proposed transaction is for a permanent occupant and the Association disapproves the permanent occupant application and/or the prospective permanent occupant, then the permanent occupancy cannot be made. No obligation by the Association to the Owner or prospective permanent occupant is created or exists as a result of the denial of permanent occupancy.

          3. Disapproval of Prospective Purchasers for Good Cause. Notwithstanding anything to the contrary elsewhere in this Declaration, the Association has no duty to provide an alternate purchaser or Owner, has no duty to purchase the Lot and assumes no responsibility for the denial of a sale or Owner application, unless the proposed transaction is a bona fide sale, the prospective purchaser and all prospective occupants have met all the requirements set forth in this Declaration, and the Owner has made a written demand, at the time the notice of intended sale is delivered to the Association, for the Association to purchase the Lot in the event the sale and purchase are disapproved. Further notwithstanding anything to the contrary elsewhere in this Declaration, the Association has no duty to provide an alternate purchaser or Owner, has no duty to purchase the Lot and assumes no responsibility for the denial of a sale or Owner application, if the denial is based upon, including but not limited to, any of the following factors:

          (a) Criminal Activity/Sexual Offender/Sexual Predator. The person seeking approval (which includes all proposed occupants) has been convicted of a criminal offense involving violence to persons, theft, or destruction of property within the past twenty (20) years; a felony demonstrating dishonesty or moral turpitude within the past ten (10) years; a criminal offense involving illegal drugs within the past twenty (20) years; or a criminal offense involving sexual battery, sexual abuse, or lewd and lascivious behavior regardless of when that conviction occurred; or has been labeled a sexual offender or a sexual predator by any governmental or quasi-governmental agency regardless of when that conviction occurred or when that label occurred.

          (b) Violation of Governing Documents. The sale, ownership, possession, or the application for approval, on its face, or the conduct of the applicant (including all proposed occupants), indicates that the person seeking approval (including all proposed occupants) has acted, is acting, or in the opinion of the Board of Directors, intends to act in a manner inconsistent with the Governing Documents, or the sale, ownership, or possession, if approved, would result in a violation of any provision of the Governing Documents.

          (c) Nuisance. The person seeking approval (including all proposed occupants) has any history of disruptive behavior or disregard for the rights or property of others as evidenced by criminal history; conduct in other communities, social organizations, or associations; or by conduct in this Association.

          (d) No Cooperation. The person seeking approval (including all proposed occupants) or the Owner has failed to provide the information required to process the application in a timely manner; has materially misrepresented any fact or information provided in the application or screening process; has failed to pay the transfer/approval fee, or payment has been dishonored; has failed to make an appointment for or attend the personal screening; or has not agreed, failed to provide, or refused to release to the Association the background investigation or the background report(s).

           (e) Delinquency. The person seeking to sell, own, or possess the Lot (including all proposed occupants) is delinquent in the payment of any assessments, charges, fines, or other sums owned to the Association, or such assessments, charges, fines, or other sums owned to the association have not been paid in full.

          (f) Financial Problems. The person seeking approval (including all proposed occupants or applicants legally responsible, or who will be legally responsible to the Association, for payment of assessments or charges) is financially unable to meet the obligations that are incumbent upon an Owner in this Association; the purchase of the Lot is beyond the financial ability of the person seeking approval (including all proposed occupants or applicants legally responsible, or who will be legally responsible to the Association, for payment of assessments or charges); inquiry into the financial responsibility of the person seeking approval (including all proposed occupants or applicants legally responsible, or who will be legally responsible to the Association, for payment of assessments or charges) indicates an inability to afford the mortgage, maintenance assessment and other obligations inherent in owning the Lot in addition to other financial obligations not related to the Lot; or the person seeking approval (including all proposed occupants or applicants legally responsible, or who will be legally responsible to the Association, for payment of assessments or charges) has a history of not paying monetary obligations, has a poor credit history, has a bad credit rating of 650 or less, has owned real property that was foreclosed in the last seven (7) years, has owned real property sold by short-sale in the last seven (7) years, has owned real property conveyed by a deed in lieu of foreclosure in the last seven (7) years, or has declared bankruptcy (voluntarily or involuntarily) in the last seven (7) years.

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ARTICLE II-B
TITLE TO COMMON PROPERTIES

The Developer may retain the legal title to the Common Pro­perties as described in Exhibit a-1 annexed hereto until such time as Developer has completed the improvement of the real property or prior thereto as determined solely by the Developer. The Developer hereby covenants for itself, its successors and assigns that it shall convey said Common Properties to the Association free and clear of all liens and encumbrances except easements permitted by Article II-a(10) and II-1(16) which it specifically reserves the right to grant.  The use and enjoyment of the Common Properties shall be subject to such rules and regula­tions relating thereto as are adopted or amended by the Association pursuant to paragraph 17 of Article 11-A of this Declaration.

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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS

           1.      Every owner of a Lot or Unit shall be a member of the Association. There shall be one person, with respect to each Lot or Unit, who shall be entitled to vote at any meeting of the Lot Owners and Unit Owners and such person shall be known (and is hereinafter referred to) as a Voting Member. If a Lot or Unit is owned by more than one person, the owners of said Lot or Unit shall designate one of them as the Voting Member, or in the case of a corporate Lot or Unit owner, an officer or an employee thereof shall be the Voting Member. The designation of the Voting Member shall be made, as provided by and subject to, the provisions and restrictions set forth in the By-Laws of the association.  An unimproved Lot shall be deemed to be one Unit for the purposes of this paragraph. If one individual owns two units, he shall have two votes. The vote of a unit is not divisible. Membership shall be appurtenant to and may not be separated from ownership of any Lot or Unit. Transfer of Unit or Lot ownership either voluntarily or by operation of law, shall terminate membership in the Association and said membership shall thereupon be vested in the transferee.

          2.      MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

A.      Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot shall be a Member of the Townhome Association.  Notwithstanding anything else to the contrary set forth in this Section 1, any such person or entity who holds such interest merely as a security for the per­formance of an obligation shall not be a Member of said Association. Membership in the Association shall be automatic and appurtenant to and may not be separated from the ownership of any Lot that is subject to assessment.

B.      Voting Rights.   The Townhome Association shall have two (2) classes of voting membership:

Class A. Class A Members shall be all those Owners as defined in section  1 with the exception of the Developer.  Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership in Section 1.  When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any such Lot.

Class B. The Class B Member shall be the Developer.  The Class B Member shall be entitled to three (3) votes for each Lot owned. It is further provided, however, that the Class B membership shall cease and be converted to Class A membership on the occurrence of the earlier of the following events:

(a)  when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or

(b)  on December 31, 1985.

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ARTICLE IV
COVENANTS OF ASSOCIATION AND LOT AND UNIT OWNERS AS TO MAINTENANCE, TAXES AND OTHER MATTERS

1.      Association. The Association shall govern, operate, control and manage the Lots and Units, Common Properties and Water Management Tracts located on the property described in Exhibit A-1 annexed hereto pursuant to the terms and provisions of this Declaration and the Association’s Articles of Incorpora­tion and By-Laws. The Association shall at all times pay the real property ad valorem taxes on the Common Properties if said taxes are billed to the Association as differentiated from being billed to the Lot Owners and/or Unit Owners and pay any govern­mental liens assessed against the Common Properties. The Assoc­iation shall further have the obligation and responsibility for the hiring of certain personnel and for maintenance, repair, upkeep and replacement of Common Properties and Water Management Tracts and facilities which may be located thereon as follows:

          (a)     Notwithstanding the foregoing, the Assoc­iation may, but is not obligated to employ Security Guard(s) or a Security Guard Service. If Security Guard(s) or a Sec­urity Guard Service is employed by the Association, the Board of Directors shall determine in their sole discretion the sch­edule and cost and expense of Security Guard(s) or a Security Guard Service and the expense of same shall be paid by said Association as follows: each member of the Association shall pay an equal share.

          (b)     Maintain the Common Properties and Water Management Tracts described in Exhibit A hereto and pay the real property ad valorem taxes and governmental liens assessed against the Common Properties and billed to the Association and obtain and pay the premium for public liability insurance as to said Common Properties and Water Management Tracts, which said insurance policy(s) shall be in the name of the Association and for the benefit of the Association and its members and such other parties as the Association determines. Notwithstanding the foregoing, the Developer shall be named as an insured party under said insurance policy. The aforesaid insurance policy shall be in such amounts, subject to such conditions and contain such provisions including deductible provisions as the Board of Directors of the Association determines in their sole discretion and said Officers and Board of Directors may obtain such other type of insurance as they deem advisable.  The Common Properties and Water Management Tracts are to be maintained by the Association as provided herein and shall be maintained in good condition and repair.  Should real property ad valorem taxes or governmental liens as to Common Properties be assessed against and billed to Lots or Units the Board of Directors shall have the right to determine in their sole discretion if the Association should pay all or any portion of said bill(s) for taxes or liens and such amount as they determine should be paid by the Association shall be levied as special assessment pursuant to Article VI.4 of this Declaration.

          (c)     The Association may,  but is not obli­gated  to,  maintain the grass located on each unit-and lot from the property  lines thereof to the front, side and rear walls of the structure located thereon, provided that such areas are accessible to the Association. Such maintenance shall include mowing, edging and trimming grass and flower beds in order to maintain a uniform appearance within the community.  If the Association elects to under­take such maintenance, the Board of Directors shall have the sole discretion to employ a contractor and determine the frequency of cutting.  The Unit and lot lawn maintenance shall be performed in conjunction with the common area lawn maintenance.  Lot and Unit owners shall remain responsible for the watering and fertilizing of their individual lawns.  Failure to do so shall give rise to those remedies provided in Article V, herein which shall include, but not be limited to, the replacement of grass at the expense of the unit owner.

          (d)     The Association may, but is not obligated, to undertake periodic repair of the surface of each drive strip, in order to main­tain a uniform appearance, and to maintain the high standards of maintenance within the com­munity. If the Association decides to under­take such repairs, the Board of Directors shall determine in their sole discretion the time at which said maintenance shall take place and the method and manner of its comple­tion. The expense of same shall be paid by the Association as follows: each member of the Association shall pay an equal share. However, where the maintenance is required as a result of the deliberate or repeated negli­gent acts of an individual Unit Owner(s), the Association shall be entitled to reimbursement from the/that individual Unit Owner(s).

          (e)     The Association may, but is not obligated, to undertake periodic exterior painting of all of the Units in the community, including exterior roofs, walls and fences in order to maintain a uniform appearance, and to maintain the high standards of maintenance within the community.  If the Association decides to undertake such exterior painting, the Board of Directors shall have the sole discretion to determine the time at which such painting shall take place, the color to be used, and the method and manner of its completion.  The expense of same shall be paid by the Association as follows:  each member of the Association shall pay an equal share.  However, where the painting is required as a result of the deliberate or repeated negligent acts of an individual Unit Owner(s), the Association shall be entitled to reimbursement from the/that individual Unit(s) Owner.

The foregoing constitutes the basic and general ex­penses of the Association and said expenses are to be paid by each member of the Association on an equal basis as hereinafter provided, except as set forth herein and in Article IV.2. It shall be the duty and responsibility of the Association, through its Board of Directors, to fix and determine from time to time the sum or sums necessary and adequate to provide for the expenses of the Associa­tion. The procedure for the determination of such assessments shall be as hereinafter set forth in this Declaration or the By-Laws or the Articles of Incorporation of the Association. The Board of Directors shall have the power and authority to levy a special assessment should one become necessary as determined by them in their sole discretion and said special assessment shall be deter­mined, assessed, levied and payable in the manner determined by the Board of Directors as hereinafter provided in this Declaration or the Articles of Incorporation or the By-Laws of the Associat­ion. A regular assessment shall be payable in advance on a month­ly, quarterly, semi-annual or annual basis or otherwise as deter­mined by the Board of Directors.

2.     Lot Owners. The applicable Lot or Unit Owner, shall be responsible for the maintenance, repair and replacement of all improvements and landscaping on his Lot or Unit and such other areas as are provided herein. Any area or matter not specifically required to be maintained, repaired or replaced by the Association or if such maintenance, repair, or replacement is permitted to be done so, shall be maintained, repaired and replaced by the Lot or Unit Owner(s).

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ARTICLE V
MAINTENANCE OF UNITS AND LOTS AND
IMPROVEMENTS THEREON AND LANDSCAPING THEREON

                   In the event an owner of any Lot or Unit shall fail to maintain the Lot, Unit or improvements thereon and the land­scaping thereon, if any, the Association, after approval by two- thirds (2/3) vote of the Board of Directors, after giving the Lot or Unit owner fifteen (15) days prior written notice, shall have the right, through its agents and employees, to enter upon said Lot or Unit and to repair, maintain, and restore the Lot, Unit and any other improvements thereon and landscaping thereon. The cost of same shall be added to and become part of the assessment to which such Lot or Unit is subject and said cost shall be a lien upon said Lot or Unit with the same force and effect as the liens on Lots and Units for assessments as provided in this Declaration and the Art­icles of Incorporation and By-Laws of the Association.

PARTY WALLS

           1.     General Rules of Law to Apply.   Each wall which is built as a part of the original construction on the line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

          2.     Sharing of Repair and Maintenance.    The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.

          3.     Destruction by Fire or Other Casualty.    If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall con­tribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.

         4.     Weatherproofing.   Notwithstanding any other pro­vision of this Article, an Owner who by his negligent or will­ful act cause the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

          5.     Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under  this Article shall be appurtenant to the land and shall pass to such Owner’s successors in title.

          6.     Arbitration.    In the event of any dispute arising concerning a party wall, or under the provisions of this Article,’ each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

          7.     Easements.    All property shall be subject to ease­ments in favor of all Unit owners and the Association for the continuance of any encroachments by his Unit or any adjoining Unit or on any portion of the common elements, which now exist or hereafter exist as a result of the construction of the building or common walls or caused by settlement or movement of the buildings or common walls or caused by minor inaccuracies in building or rebuilding, which encroachments shall be permitted to remain undisturbed and such easements shall continue until such encroachments no longer exist.

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ARTICLE VI
COVENANT FOR MAINTENANCE AND OTHER ASSESSMENTS

           1.     Creation of the Lien and Personal Obligation of Assessments.

1.    Each Lot Owner, by acceptance of a deed or instrument of conveyance for acquisition of title to a Lot, has covenanted and agreed that the Regular Assessments, Special Assessments, fines, and other charges, including but not limited to, interest, late fees, costs, reasonable attorney’s fees and paraprofessional fees, pre-trial and at all levels, including appeals, collections and bankruptcy, are the personal obligation of the Lot Owner, a charge and continuing lien in favor of the Association, encumbering the Lot, and all personal property located therein. The Association has a continuing lien on each Lot to secure the payment of all Regular Assessments and Special Assessments or installments thereon, fines, and other charges, together with interest, late fees, costs, reasonable attorney’s fees and paraprofessional fees, pre-trial and at all levels, including appeals, collections and bankruptcy, incurred by the Association that are incident to the collection of the Regular Assessment, Special Assessment, fines, and other charges or enforcement of the lien, whether suit be brought or not. The lien is effective from and relates back to the recording of this original Declaration. However, as to first mortgages of record, the lien is effective as provided in Florida Statutes, Section 720.3085, as same is amended or renumbered from time to time, but if no such effective date is provided, then the lien is effective from and relates back to the recording of this original Declaration. The claim of lien secures all unpaid Regular Assessments, Special Assessments, fines, and other charges that are due and that accrue subsequent to the recording of the claim of lien and prior to the entry of a certificate of title, as well as interest, late fees, costs, attorney’s fees and paraprofessional fees, pre-trial and at all levels, including appeals, collections and bankruptcy, incurred by the Association incident to the collection of the Regular Assessments, Special Assessments, fines, and other charges or enforcement of the lien, whether suit be brought or not. The Association, acting through its Board of Directors, can assign its claim and lien rights for the recovery of any unpaid Regular Assessments, Special Assessments and other charges to any third party.

2.     Purpose of Assessments. The assessments levied by the Association shall be for the purposes defined and set forth in Article IV herein and such other purposes as the Board of Dir­ectors of the Association determines.

3.     Annual Assessments. The Board of Directors shall fix and determine from time to time the sum or sums necessary and adequate to pay for the expense of the Association. The ex­penses of the Association are those expenses as set forth in Article IV hereof and such other expenses as are determined by the Board of Directors. The annual assessment for regular expenses shall be determined by the Board of Directors based upon an estimated annual budget, which shall be prepared thirty (30) days prior to the commencement of the calendar year. The Association shall be on a calendar year basis beginning on the first day of the month following the date this Declaration is recorded in the Public Records of Broward County, Florida. As­sessments shall be payable monthly, quarterly, semi-annually or annually, in advance as determined by the Board of Directors and shall be due on the first day of the applicable month in advance, unless otherwise ordered by the Board of Directors. Ex­penses shall be shared by all of the members on an equal basis.  Each member shall commence sharing its share of the Association expenses commencing with the first day of the month after the date of the deed of conveyance as to said Lot or Unit from the Develop­er or any related entity to the first grantee thereof. A convey­ance by the Developer to a related entity shall not be deemed a conveyance to the first grantee as provided in the preceding sen­tence. The Developer, by its execution of this Declaration, here­by guaranties that the regular annual assessments for each Lot or Unit for the first two (2) years, or until control of the Associa­tion is relinquished by the Developer in accordance with Article III (2) hereof shall be in the maximum amount of the assessment per Lot or Unit as determined by the Board of Directors for the first year except for costs and expenses for Security Guard(s) and/or Security Guard Service as defined in Article IV.1(a). The period referred to in the preceding sentence shall commence on the first day of the month following the date of the first conveyance by Developer of one of the Lots in the property described in Exhibit A annexed hereto. During the period of said guaranty, the Developer shall pay the amount of expenses incurred during that period not produced by the assessments at the guaranteed level receiv­able from other Lots and Units and during said period, the Devel­oper shall not be required to pay any specific sum for its share of expenses as to any Lots or Units owned by it, provided, how­ever, said Developer shall pay the deficit during said period.  This guaranty shall terminate upon the election of a majority of the Board of Directors of the Association by the members thereof.  During the period of said guaranty, each Lot and Unit not owned by the Developer shall pay the annual regular assessment in the amount determined by the Board of Directors for the first year as herein provided.

4.     Special Assessments. In addition to the annual assessments authorized by section 3 hereof, the Association may levy in any assessment year a special assessment applicable to that or the previous years, for the purposes as are provided for in this Dec­laration and such other purposes as are determined by the Board of Directors. This section relates to special assessments as opposed to regular annual assessments. Special assessments shall be shared equally by each member of the Association and it shall be due and payable in the amount and as of the time determined by said Board of Directors. The procedure and details for the determination of assessments and otherwise shall be as set forth in the By-Laws and Articles of Incorporation of the Association. Notwithstanding the foregoing certain special assessments may be charged against certain members and in differing amounts pursuant to Article IV.l.b and IV.2 of this Declaration.

5.     Duties of the Board of Directors. The duties of the Board of Directors of the Association is to fix and determine the regular annual assessments and special assessments of the Associa­tion and those duties as are specifically provided for in this Declaration and in the association’s By-Laws and Articles of Incorporation.

The association shall upon demand at any time fur­nish to any Lot or Unit Owner liable for said assessment a certificate in writing signed by an officer of the Associa­tion, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid,

6.     Effect of Non-Payment of Assessment; The Personal Obligation of the Owner; the Lien; Remedies of Association.    If the assessments are not paid on the date when due, then such assessments shall become delinquent and shall, together with such interest thereon, late charges, and cost of collection there­of, thereupon become a continuing lien on the Lot and/or Unit that shall bind such property in the hands of the Lot or Unit Owner, his heirs, devisees, personal representatives, and assigns, and shall also be the continuing personal obliga­tion of the Lot and/or Unit Owner against whom the assessment was levied.

If the assessment is not paid within fifteen (15) days after the due date (the date such assessment was due as fixed by the Board of Directors of the Association) , the assess­ment shall bear interest from the due date at the rate of fifteen (15%) percent per annum; and, additionally, the failure to pay the assessment within fifteen (15) days after the due date, said 15th day being the delinquency date, shall entitle the Association to levy a Twenty-five ($25.00) Dollar late charge against the defaulting Lot and/or Unit Owner. The late charge shall not exceed Twenty-five ($25.00 Dollars per month for delinquent maintenance fees.  No notice of late charges by the Association to a Lot and/or Unit Owner shall be required in order for the late charge to be incurred.  In addition, the Association may at any time thereafter bring an action to foreclose the lien against the Lot and/or Unit in like man­ner to a foreclosure of a mortgage on real property and/or to file suit on the personal obligation against the Lot and/or Unit Owner. There shall be added to the amount of such assessment a reasonable attorney’s fee and the cost incurred in collecting such assessment including, the costs of preparing and filing the complaint in such action and, in the event that judgment is obtained, such judgment shall include interest on the assessment, as above provided, late fees, as above provided, and a reasonable attorney’s fee to be fixed by the court, together with the costs of the action, including attorney’s fees and costs on appeal.

7.     Priority of the Association’s Lien.

The liability of a first mortgagee that acquires title to a Lot by foreclosure or by deed in lieu of foreclosure for the unpaid assessments, fines, and other charges that became due prior to the first mortgagee’s acquisition of title is limited to the maximum extent permitted by Florida Statutes, Section 720.3085, as same is amended or renumbered from time to time, but if no such limitation exists, then to the same extent as any other Lot Owner. The limitations on first mortgagee liability provided by this paragraph apply only if the first mortgagee strictly complies with all conditions required by Florida Statutes, Section 720.3085, as same is amended or renumbered from time to time. The Association’s lien for assessments, fines, and other charges is superior to and has priority over all mortgages, liens and encumbrances, except as provided above.

8.     Commencement of Assessment.    Notwithstanding any­thing contained in this Declaration, the By-Laws or Articles of Incorporation to the contrary, no assessment either annual or special shall be assessed nor commence until after a certificate of occupancy is obtained for the Unit from the appropriate govern­mental authority.

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ARTICLE VII
ARCHITECTURAL CONTROL COMMITTEE

       Review by Committee.    Nothing is to be constructed or installed or changed or modified, altered or added to, on a Lot or the exterior ‘of a Unit, without first obtaining the written approval of the Architectural Control Committee.    The details of the foregoing, including the power and authority and procedure as to the Architectural Control Committee are set forth in the applicable provisions of Article II-A.    The said Architectural Control Committee shall require plans and specifications showing the nature, kind, shape, height, materials and location of what the Lot or Unit Owner proposes to do, and same shall have been submitted to and approved in writing by the Architectural Con­trol Committee before construction or installation, is commenced. In the event the Architectural Control Committee fails to approve or disapprove, within thirty (30) days after said plans and speci­fications have been submitted to it, or in any event, if no suit to enjoin has been commenced prior to the completion thereon, ap­proval will not be required and this Article, and Article II-A, will be deemed to have been fully complied with.    The Architect­ural Control Committee shall be composed of three (3) or more representatives appointed by the Board or in the Board’s sole discretion, the Board of Directors may act as said committee. The rights of the Developer, as provided in Article II-A, Section 17, are paramount to the terms and provisions of this Article VII.

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ARTICLE VIII

1. Duration.    The covenants and re­strictions of this Declaration shall run with and bind the land described in Exhibit “A”, annexed hereto, and Units thereon, Water Man­agement Tracts and Tracts designated as Common Properties, and shall inure to the benefit of and be enforceable by the Association or the Lot Owner or Unit Owner of any Lot or Unit subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automat­ically extended for successive periods of ten (10) years unless this Declaration is termin­ated at a regular or special meeting of the members by the affirmative vote of not less than sixty  (60%)  percent of the Voting Members and an instrument to this effect shall be recorded in the Public Records of Broward County, Florida. This Declaration may be amended at any regular or special meeting of the members by the affirmative vote of 35% of the voting members of the Association, pro­vided such affirmative votes constitute a majority of the total votes cast by the voting members of the Association voting on such Amendment, provided however, no amendment shall change a member’s proportionate share of Association Expenses or the provisions of Article III of this Declaration unless the re­cord Owners of the applicable Lot or Unit join in the execution of the Amendment. Any amend­ment must be recorded in the Public Records of Broward County, Florida. Notwithstanding the foregoing provisions of this Paragraph 1, this Declaration may not be amended in any way which would effect Lots owned by the Developer upon which a Unit has not been constructed without the written consent of the Developer.

2. Notices.    Any notice required to be sent to any Lot or Unit Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Lot or Unit Owner on the records of the Association at the time of such mail­ing.  The term Lot Owner or Unit Owner as used herein shall also mean Association Member.

3. Enforcement.  The Association, or any Lot or Unit Owner, shall have the right to enforce these covenants and re­strictions by any proceeding at law or in equity against any per­son or persons violating or attempting to violate any covenant or restriction, either to restrain violation of the covenant(s) or restriction(s) or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or any Lot or Unit Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.  Where litigation occurs to en-force these covenants and restrictions or recover damages or to enforce any lien created by these covenants and restrictions the prevailing party in said litigation shall be entitled to recover court costs and a reasonable attorney’s fee including court costs and reasonable attorney’s fees in any appellate proceeding.

4. Annexation.  So long as there is a Class B membership, as set forth in the Articles of Incorporation and By-Laws of the Association, the Developer may supplement or amend this Declaration for the purpose of annexing or adding additional property to the property described in Exhibit A hereby by recording an amended or supplemental Declaration executed solely by the Developer in the Public Records of Broward County, Florida.    However, Developer may not do so without the prior written consent of the Federal Housing Administration or the Veterans Administration.

5. Severability.  Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.

6. Additional Definition.  The term “section” and “paragraph” where used in this Declaration and the Association’s By-Laws and Articles of Incorporation are synonymous unless the context otherwise requires.    The term “land” and “property” are synonymous unless the context otherwise requires.

7. (DELETED)

8. The By-Laws and Articles of Incorporation of EAST LAKES IN PEMBROKE PINES (the Association) are attached to this Declaration and marked Exhibit 1 and 2 respectively.

9. Amendments Requiring Federal Housing Administration or Veterans Administration Approval.  As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration:  Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions.

IN WITNESS WHEREOF, the undersigned entities have caused these presents to be signed by their proper Officers, and their Corporate Seals to be affixed, this 14th of September, 1979.

 

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