Daniels Crossing Home Owners Association

DECLARATION OF PROTECTIVE

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COVENANTS AND RESTRICTIONS FOR Daniels Crossing
KNOW ALL MEN BY THESE PRESENTS, that this Declaration of Protective
Covenants and Restrictions fOI Daniels Crossing (the "Declaration"). is made and entered
into as of the 14th Day of Oct, 1996, by Danray Homes, Inc., a Florida Corporation,
hereinafter referred to as the" DEVELOPER."
RECITALS
OR Bk 5137 Pg 2313
Orange Co FL 5798325
A. The DEVELOPER is the owner of the Property (as defined in Article I) and
desires to create thereon a residential community with an entrance feature and open spaces,
and other common facilities for the benefit of the community.
B. The DEVELOPER desires to provide for the preservation of the values and
amenities in the community and for the maintenance of the open spaces and other common
facilities; and, to this end, desires to subject the Property to the covenants, restrictions,
easements, charges and liens, hereinafter set forth, each and all of which is and are for the
benefit of the Property and each OWNER (as defined in Article I) thereof.
C. The DEVELOPER has deemed it desirable for the efficient preservation of the
values and amenities in the community to create an agency to which should be delegated
and assigned the powers of maintaining -and administering the community properties and
facilities and administering and enforcing the covenants and restrictions and collecting and
disbursing the assessments and charges hereinafter created.
D. The DEVELOPER has incorporated under the laws of the State of Florida. as
a corporation not-for-profit. DANIELS CROSSING HOMEOWNERS' ASSOCIATION, INC., the
purpose of which shall be to exercise the functions aforesaid.
DECLARATION
NOW, THEREFORE. the DEVELOPER declares that the Property shall be held.
transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements,
charges and liens hereinafter set forth.
ARTICLE I
DEFINITIONS
Unless prohibited by the context in which they are used, the following words, when
used in this Declaration, shall be defined as set out below:
Section 1. Assessment."Assessment" shall mean and refer to those charges made
by the ASSOCIATION from time to time against each Lot within the Property for the
purposes set forth herein, and shall include, but not be limited to Annual Assessment for
Common Expenses, Transfer Assessment and Special Assessment for Ca'pital
ImprovElfTlents.
Section 2. ASSOCIATION. "ASSOCIATION" shall mean DANIELS CROSSING
HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not-far-profit. Copies of the
Articles of Incorporation and Bylaws of the ASSOCIATION are attached to this Declaration
as Exhibits"A" and "B", respectively.
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":,S;,e",c.;-;ti~o;-;n,---,3",.,----=B,-,O",A:..::..R=D. "BOARD" shall mean the Board of Directors of the
ASSOCIATION.
Section 4. Conservation and Drainage Areas. "Conservation and Drainage Areas"
shall mean and refer to those areas described as "Retention Pond Tract "C", and
"Conservation Area Tract "D" of Daniels Crossing as per the plat thereof, recorded in Plat
Book "':>7 , Pages'2.!1 , of the Public Records of Orange County, Florida. The Conservation
and Drainage Areas shall be used for drainage and for stormwater detention and retention to
the extent approved by those governmental agencies having jurisdiction over the Conservation
and Drainage Areas. The Conservation and Drainage Areas are a part of the Common
Property and, except as limited herein, be for the common use, benefit and enjoyment of all
OWNERS. The ASSOCIATION has the obligation to maintain the Conservation and Drainage
Areas. OR Bk 5137 Pg 2314-
Orange Co FL 5798325
Section 5. Common Expenses. "Common Expenses" shall mean and refer to all
expenses incurred by the ASSOCIATION in connection with its ownership and/or
maintenance of the Common Property and other obligations set forth herein, or as may be
otherwise determined by the BOARD.
Section 6. Common Property. "Common Property" shall mean and refer to
Recreation/Common Area Tract "A", Recreation/Common Area Tract "B", Retention Pond
Tract "C" and the "Conservation Area Tract "D" of Daniels Crossing as per the plat thereof,
recorded in Plat Book !o7 , Pages"2.3, of the Public Records of Orange County, Florida. The
ASSOCIATION has the obligation to maintain the Common Property for the common use,
benefit and enjoyment of all OWNERS. Recreation/Common Area Tract "A",
Recreation/Common Area Tract "B", Retention Pond Tract "C"" and the "Conservation Area
Tract "D" are to be maintained by The ASSOCIATION and are subject to a Drainage
Easement in favor of the Orange County and. the City of Winter Garden. The surface water
or stormwater management system within the Property shall also be considered a part of the
Common Property and the ASSOCIATION shall be responsible for the maintenance,
operation and repair of same.
Section 7. Covenants. "Covenants" shall mean and refer to the covenants,
restrictions, reservations, conditions, easements, charges and liens hereinafter set forth. All
Covenants constitute "covenants running with the land" and shall run perpetually unless
terminated or amended as provided herein, and shall be binding on all OWNERS.
Section 8. Declaration. "Declaration" shall mean this instrument, DECLARATION OF
PROTECTIVE COVENANTS AND RESTRICTIONS FOR Daniels Crossing, and all amendments
or Supplements made to this instrument.
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Section 9. DEVELOPER. "DEVELOPER"
ASSOCIATES, LTD., a Florida limited partnership,
designated in writing by the DEVELOPER.
shall mean DANIELS CROSSING
and its successors or assigns as
Section" 10. Governing Documents. "Governing Documents" shall mean this
Declaration, any Supplement to the Declaration and the Articles of Incorporation and Bylaws
of the ASSOCIATION, as the same may be amended from time to tim~ and filed in the
Public Records of Orange County, Florida. In the event of conflict or inconsistency among
Governing Documents, to the extent permitted by law, the Declaration and any Supplement
to the Declaration, the Articles of Incorporation, and the Bylaws, in that order, shall control.
One Governing Document's lack of a provision with respect to a matter for which provision
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is made in another Governing Document shall not be deemed a conflict or inconsistency
between such Governing Documents.
Section 11. Improvements. "Improvements" shall mean and refer to all structures of
any kind including, without limitation, any building, fence, wall, sign, paving, grating,
parking and building .addition, alteration, screen enclosure, sewer, drain, disposal system,
decorative building, recreational facility, landscaping, exterior lighting or landscape device or
object. OR Bk :5:1 37 Pg 23:1:5
Orange Co FL 5198325
Section 12. Lot. "Lot" shall mean and refer to each portion of the Property under
separate ownership, or which is capable of separate ownership, including all Lots shown on
the plat, and all Improvements located thereon. Each portion of the Property which is
considered a separate parcel for real property tax purposes shall be considered a Lot.
Section 13. MEMBER. "MEMBER"" shall mean and refer to all those OWNERS who
are MEMBERS of the ASSOCIATION as provided in Article III. The term "MEMBER" shall not
mean or refer to any builder or developer who in its normal course of business purchases
any Lot for the purpose of constructing an Improvement thereon for resale, but shall mean
the DEVELOPER, as long as the DEVELOPER owns Lots and refer to those persons who (i)
purchase a Lot to have a residence built for them, or (ii) purchase or occupy a Lot and the
Improvements thereon during or after completion of construction.
Section 14. OWNER. "OWNER" shall mean and refer to the record owner, whether
one or more persons or entities, of the fee simple title to any Lot situated upon the Property
but, notwithstanding any applicable theory of mortgage, shall not mean or refer to a
mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any
proceeding in lieu of foreclosure.
Section 15. Person. "Person" shall mean and include an individual, corporation,
governmental agency, business trust. estate, trust, partnership, aSSOcIatIon, sole
proprietorship, joint venture, two or more persons having a joint or common interest, or any
other -legal entity.
Section 16. Plat. "Plat" shall mean the Plat of Daniels Crossing as recorded in Plat
Book n, at Page Z3, of the Public Records of Orange County, Florida.
Section 17. Property. "Property" shall mean and refer to Daniels Crossing, as per the
plat thereof, recorded in Plat Book '32, Pages 2.3, Public Records of Orange County, Florida,
being all real property which has become subject to this Declaration.
Section 18. Resident. "Resident" shall mean and refer to the legal occupant of any
Lot. The term "Resident" shall include the OWNER of the Lot and any tenant, lessee or
licensee of the OWNER.
Section 19. Street. "Street" shall mean and refer to any street or other thoroughfare
within Daniels Crossing, whether same is designated as street, avenue, boulevard, drive,
place, court, road, terrace, way, circle, land, walk or other similar designation.
Section 20. Supplement. "Supplement" shall mean a document and the exhIbits
thereto which when recorded in the Public Records of Orange County, Florida" shall subject
additional real property to the provisions of this Declaration.
Section 21. Surface Water or Stormwater Management System. "Surface Water or
Stormwater Management System" shall mean the exercise of practices which allow the
systems to provide drainage, water storage, conveyance or other surface water or
. .,
stormwater management capabilities as permitted by the St Johns River Water Management
District.
Section 22. Daniels Crossing. "Daniels Crossing" shall mean the real estate
development located in Orange County, Florida, developed by the DEVELOPER, which
includes the Property and additional real property to be added to the Property upon the
recording of an appropriate Supplement(s) in the Public Records of Orange County, Florida.
ARTICLE II OR Bk 5137 Pg 2316
Orange Co FL 5798325
PROPERTY SUBJECT TO THIS
DECLARATION AND ADDITIONS TO THE PROPERTY
Section 1. Property Subject to Declaration. The Property is, and shall be, held,
transferred, sold, conveyed, and' occupied subject to this Declaration.
Section 2. Other Additions to the Property. The DEVELOPER reserves the right to
add, or may cause to be added, other real property not now included within the Master
Development Plan for Daniels Crossing to the provisions of this Declaration. Each
commitment of additional property to ihis Declaration shall be' made by a recitation to that
effect in a Supplement which need be executed only by the DEVELOPER, and the owner of
such real property if not the DEVELOPER, and does not require the execution or consent of
the ASSOCIATION, or any OWNERS. The Supplement shall describe the real property which
is being committed to this Declaration and made subject to the terms of this Declaration and
shall contain such other terms and provisions as the DEVELOPER deems proper. Upon the
recordation of a Supplement, such real property described therein shall be committed to the
Covenants contained in this Declaration and shall be considered "Property" as fully as
though originally designated herein as "Property",
Section 3. Mergers. Upon a merger or consolidation of the ASSOCIATION with
another association as provided in its Articles of Incorporation, its properties, rights and
obligations may, by operation of law, be transferred to another surviving or consolidated
association or, alternatively, the properties, rights and obligations of another association
may, by operation of law, be added to the properties, rights and obligations of the
ASSOCIATION as a surviving corporation pursuant to a merger. The surviving or
consolidated association may administer the Covenants established by this Declaration
within the Property together with the covenants and restrictions established by
Supplemental Declaration upon any other properties as one scheme. No such merger or
consolidation, however, shall affect any revocation, change or addition to the Covenants
within the Property, except as hereinafter provided.
ARTICLE III
MEMBERSHIP AND VOTING
RIGHTS IN THE ASSOCIATION
Section 1. Membership. Except as is set forth in this Section 1, every Person who
is a record titleholder of a fee or undivided fee interest in any Lot which is subject by
covenants of record to assess.ment by the ASSOCIATION shall be a MEMBER of ~he
ASSOCIATION, provided that any such Person which holds such interest merely as a
security for the performance of any obligation shall not be a MEMBER. A builder or
developer who in its normal course of business purchases a Lot for the purpose of
constructing an Improvement thereon for resale shall not become a MEMBER of the
ASSOCIATION so long as such builder or developer does not occupy the Improvement as a
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residence. Only those Persons who (i) purchase a Lot to have a residence built for them or
(ii) purchase or occupy a Lot and the Improvement during or after completion of
construction and the DEVELOPER shall be MEMBERS. Notwithstanding the previous
sentence, if a builder or developer (or either of their tenants) does occupy an Improvement
as his primary personal residence and so notifies the ASSOCIATION in writing, thereafter
such builder or developer shall be considered a MEMBER of the ASSOCIATION. The
DEVELOPER shall retain the rights of membership including, but not limited to, the Voting
Rights, to all Lots owned by Persons not entitled to Membership as herein defined.
Section 2. MEMBER's Voting Rights. The votes of the MEMBERS shall be
established and exercised as provided in the Articles and Bylaws.
Section 3. Board of Directors. The ASSOCIATION shall be governed by the BOARD
which shall be appointed, designated or elected, as the case may be, as.follows:
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(a) Appointed by the DEVELOPER. The DEVELOPER shall have the right to
appoint all members of the BOARD until the DEVELOPER holds less than seventeen percent
(17%) of the total number of votes of MEMBERS as determined by the Articles.
(b) Election of the BOARD. After the DEVELOPER no longer has the right to
appoint all members of the BOARD under subsection 3(a) of this Article III, or earlier if the
DEVELOPER so elects, then, and only then, shall any member of the BOARD be elected by
the MEMBERS of the ASSOCIATION. . OR Bk 5137 Pg 2317
Orange Co FL 5798325
(c) Vacancies. A member of the BOARD may be removed and vacancIes on the
BOARD shall be filled in the manner provided by the Bylaws. However, any member of the
BOARD appointed by the DEVELOPER may only be removed by the DEVELOPER, and any
vacancy on the BOARD of a member appointed by the DEVELOPER shall be filled by the
DEVELOPER.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTY
Section 1. MEMBERS' Easement of Enjoyment. Subject to the provisions of Section
3 and Section 4 of this Article IV, every MEMBER shall have a right and easement of
enjoyment in and to the Common Property and such easement shall be appurtenant to and
shall pass with the title to every Lot.
Section 2. Title to Common Property. The DEVELOPER may retain the legal title to
the Common Property until such time as he has completed improvements thereon and until
such time as, in the opinion of the DEVELOPER, the ASSOCIATION is able to maintain the
same. The DEVELOPER may conveyor turn over certain items of the Common Property and
retain others. Notwithstanding any provision herein to the contrary, the DEVELOPER hereby
covenants, for itself, its successors and assigns, that it shall convey all Common Property
located within the Property when seventy-five percent (75%) of the Lots within Daniels
Crossing are owned by MEMBERS.
Title to the Common Property shall be subject to the terms of this Declaration and
matters shown or referred to on the Plat of Daniels Crossing including, withqut limitation, a
drainage easement in favor of the Coujlty Commissioners of Orange County.
Section 3. Extent of MEMBERS' Easements. The rights and easements of enjoyment
created hereby shall be subject to the following:
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ID
(a) the right of the DEVELOPER and of the ASSOCIATION, in accordance with
its Articles and By-Laws, to borrow money for the purpose of improving the Common
Property and in aid thereof; and
(b) the right of the ASSOCIATION to take such steps as are reasonably
necessary to protect the Common Property against foreclosure; and
(c) :;the right of the ASSOCIATION to charge reasonable admission and other
fees for the use of the Common Property; and
OR Bk 5137 Pg 2318
Orange Co FL 57~8325
(d) the right of the ASSOCIATION to dedicate or transfer all or any part of the .
Common Property to any public agency, authority, or utility for such purposes and subject
to such conditions as may be agreed to by the MEMBERS, provided, however, that no such
dedication or transfer, determination as to the purposes or as to the conditions thereof, shall
be effective unless an instrument signed by MEMBERS entitled to cast two-thirds (2/3) of
the votes irrespective of class of membership has been recorded, agreeing to such
dedication, transfer, purpose or condition, and unless written notice of the proposed
agreement and action thereunder is sent to every MEMBER at least ninety (90) days in
advance of any action taken.
Section 4. Restriction on Use of Conservation and Drainage Areas. The
Conservation and Drainage Areas are part of the Common Property and shall be the
perpetual responsibility of the ASSOCIATION. In accordance with approvals obtained from
governmental agencies having jurisdiction of the Conservation and Drainage Areas, portions
of the Conservation and Drainage Areas shall not be altered from their natural state in any
way. Activities which are prohibited within such portions of the Conservation and Drainage
Areas include, but are not limited to, construction or placing of buildings on or above
ground; dumping or placing soil or other substances such as trash; removal or destruction of
trees, shrubs or other vegetation; excavation, dredging or removal of soil material; diking or
fencing; and any other activity detrimental to drainage, flood control, water conservation,
erosion control or to fish and wildlife habitat conservation or preservation.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1, Creation of the lien and Personal Obligation of Assessments. Each
OWNER of any lot by acceptance of a deed therefor, whether or not it shall be so
expressed in any such deed or other conveyance, hereby covenants and agrees to pay to
the ASSOCIATION: (1) the Original Assessment; (2) Annual Assessments for Common
Expenses; and (3) Special Assessments for Capital Improvements, such Assessments to be
fixed, established, and collected from time to time as hereinafter provided. The Original,
Annual, Transfer and Special Assessments, together with such interest thereon and costs of
collection thereof as are hereinafter provided, shall be a charge on the land and shall be a
continuing lien upon the Lot against which each such Assessment is made. Each such
Assessment, together with such interest thereon and cost of collection thereof as are
hereinafter provided, shall also be the personal obligation of. the person who was the
OWNER of such Lot at the time when the Assessment fell due.
Section 2. Purpose of Assessments. The Assessments levied by the ASSOCIATION
shall be used exclusively for the purpose of promoting the recreation, health, safety, and
welfare of the residents in the Property and in particular for the improvement and
maintenance of properties, services, and facilities which are devoted to the purpose and
(c)
Property;
related to the use and enjoyment of the Common Property and of the homes situated upon
the Property, including, but not limited to:
(a) Payment of operating expenses of the ASSOCIATION;
(b) Construction and improvement of the Common Property;
::Management, maintenance, improvement and beautification of the Common
OR Bk 5137 Pg 2319
Orange Co Fl 5798325
(d) Garbage collection and trash and rubbish removal but only when and to the
extent specifically authorized by the ASSOCIATION;
(e) Repayment of deficits previously incurred by the ASSOCIATION (or the
DEVELOPER), if any, in making capital 'improvements to or upon the Common Property,
and/or in furnishing the services and facilities provided herein to or for the OWNERS and the
MEMBERS of the ASSOCIATION;
(f) Providing police protection and/or night watchmen, but only when and to the
extent specifically authorized by the ASSOCIATION; ,
(g) Doing any other thing necessary or desirable, in the judgment of the
ASSOCIATION, to keep the Property neat and attractive or to preserve or enhance the value
of the Property, or to eliminate fire, health or safety hazards, or which, in the judgment of
the ASSOCIATION, may be of general benefit to the OWNERS and/or Residents of lands
included in the Property;
(h) Repayment of funds and interest thereon, borrowed by the ASSOCIATION;
(i) Maintenance and repair of easements shown on any recorded subdivision
plat;
(j) Maintenance and repair of the surface water or stormwater management
system.s including but not limited to work within retention areas, drainage structures and
drainage easements. Any repair or reconstruction of the surface water or stormwater
management system shall be permitted or, if modified, as approved by the St. Johns River
Water Management District;
(k) Repayment of the total sum the DEVELOPER has paid to the ASSOCIATION
in accordance with the requirements of the Developer's Agreement.
Section 3. Original and Annual Assessments.
(a) Original Assessment. The Original Assessment shall be One Hundred Fifty
and No/l00 Dollars ($150.00) per Lot to be paid at the time of closing on the purchase of
the lot by a person who (i) purchases a lot to have a residence built for them or (ii)
purchases or occupies a Lot and the Improvements thereon during or after completion of
construction. The DEVELOPER or the ASSOCIATION may use any part or all of said sum for
the purposes set forth in Article V, Section 2.
(bl Annual Assessment. Until changed by the BOARD in accordance with the
terms hereof, the Annual Assessment shall be One Hundred Fifty and No/l00 Dollars
($150.00) per Lot, payable annually, in advance, on January 1 of each year. This Annual
Assessment shall be in addition to the above mentioned Original Assessment and shall be
prorated in the year of initial purchase of the Lot by a person who (i) purchases a Lot to
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have a residence built for them or (ii) purchases or occupies a Lot and the Improvements
thereon during or after completion of construction. The Annual Assessment shall be paid
directly to the ASSOCIATION to be held in accordance with the above provisions. The
DEVELOPER shall not be required to pay Annual Assessments for Lots owned by the
DEVELOPER.
Ic) Adjustment to Annual Assessment. Prior to the beginning of each fiscal year,
the BOARD shall adopt a budget for such fiscal year which shall estimate all of the Common
Expenses to be incurred by the ASSOCIATION during the fiscal year. The total Common
Expenses shall be divided by the number of Lots to establish the Annual AssessmenVfor
Common Expenses per Lot. The ASSOCIATION shall then promptly notify all OWNERS in
writing of the amount of the Annual Assessment for Common Expenses for each Lot. From
time to time during the fiscal year, the BOARD may revise the budget for the fiscal year.
Pursuant to the revised budget the BOARD may, upon written notice to the OWNERS,
change the amount, frequency and/or due dates of the Annual Assessments for Common
Expenses for each Lot. If the expenditure of funds is required by the ASSOCIATION in
addition to funds produced by the Annual Assessments for Common Expenses, the BOARD
may make Special Assessments for Common Expenses, which shall be levied in the same
manner as provided for regular Annual Assessments for Common Expenses and shall be
payable in the manner determined by the BOARD as stated 'in the notice of' any Special
Assessment for Common Expenses. OR Bk 5137 Pg 2320
Orange Co FL ~98325
Section 4. Special Assessments for Capital Improvements. In addition to the
Assessments for Common Expenses authorized by Section 3 hereof, the BOARD may levy in
any assessment year a Special Assessment for Capital Improvements, applicable to that year
only, for the purpose of defraying, in whole or in part, the cost of any construction or
reconstruction, unexpected repair or replacement of a described capital improvement upon
the Common Property, including the necessary fixtures and personal property related
thereto, provided that any such Assessment shall have the assent of two-thirds (2/3) of the
votes of the MEMBERS, other than the DEVELOPER and the votes attributable to the
DEVELOPER, who are voting in person or by proxy at a meeting duly called for this purpose,
writte,n notice of which shall be sent to all MEMBERS at least thirty (30) days in advance
and shall set forth the purpose of the meeting. The Special Assessment for Capital
Improvements shall be levied against all Lots, including Lots owned by the DEVELOPER and
Lots owned by OWNERS who are not MEMBERS.
Notwithstanding the above-required approval by two-thirds (2/3) of the votes of the
MEMBERS, if the unexpected repair or replacement of a described capital improvement
within the Common Property is necessary, in the reasonable judgment of the BOARD, to
protect the health, safety or welfare of the OWNERS or is required by any governmental
authority having jurisdiction over the Property, the BOARD can levy the Special Assessment
of Capital Improvements without approval of the MEMBERS.
Section 5. Certificate of Payment. The ASSOCIATION shall upon demand at any
time, furnish to any OWNER liable for any Assessment a certificate in writing signed by an
officer of the ASSOCIATION, setting forth whether the Assessment has been paid. Such
certificate shall be conclusive evidence of payment of any Assessment therein stated to
have been paid.
Section 6. Payment of Assessments for Common Expenses. Each MEMBER shall be
required to and shall pay to the ASSOCIATION an amount equal to the Assessment, or
installment, for each Lot within the Property then owned by and/or under the jurisdiction of
such OWNER on or before the date each Assessment, or installment, is due. In the event
any Assessments are made payable in equal periodic payments as provided in the notice
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from the ASSOCIATION, such periodic payments shall automatically continue to be due and
payable in the same amount and frequency as indicated in the notice, unless and/or until: (1)
the notice specifically provides that the periodic payments will terminate upon the
occurrence of a specified event or the payment of a specified amount; or (2) the
ASSOCIAnON notifies the OWNER in. writing of a change in the amount and/or frequency
of the periodic payments. Notwithstanding the foregoing, in no event shall any Assessment
payable by any OWNER be due less than ten (10) days from the date of the notification of
such Assessment. OR Bk 5137 Pg 2321
Orange Co FL 5798325
Section 7. Assessments for Common Expenses For Lots Owned by the
DEVELOPER. Notwithstanding anything contained in this Article V to the contrary, the
DEVELOPER shall not be required to pay Assessments for any Lots owned by the
DEVELOPER. However, DEVELOPER may elect to make a loan to the ASSOCIATION to
assist the ASSOCIATION with its financial needs. In such event the ASSOCIATION shall be
.required to repay the DEVELOPER the full loan amount, plus a reasonable interest rate,
within a reasonable period of time.
Section 8. Monetary Defaults and Collection of Assessments.
(a) Interest. If any OWNER is in default in the payment of any Assessment for
more than ten (10) days after same is due, or in the payment of any other monies owed to
the ASSOCIATION for a period of more than ten (10) days after written demand by the
ASSOCIATION, the ASSOCIATION may charge such OWNER interest at the highest rate
permitted by the laws of Florida, on the amount owed to the ASSOCIATION. Such interest
shall accrue from the due date of the Assessment. or the monies owed.
(b) Acceleration of Assessments. If any OWNER is in default in the payment of
any Assessment or any other monies owed to the ASSOCIATION for more than ten (10)
days after written demand by the ASSOCIATION, the ASSOCIATION shall have the right to
accelerate and require such defaulting OWNER to pay to the ASSOCIATION Assessments
for Common Expenses for the next twelve (12) month period, based upon the then existing
amount and frequency of Assessments for Common Expenses. In the event of such
acceleration, the defaulting OWNER shall continue to be liable for any increases in the
regular Assessments for Common Expenses, for all Special Assessments, and/or all other
Assessments and monies payable to the ASSOCIATION.
(c) Collection. In the event any OWNER fails to pay any Assessment, Special
Assessment or other monies due to the ASSOCIATION within ten (10) days after written
demand, the ASSOCIAnON may take any action deemed necessary in order to collect such
Assessments, Special Assessments or monies including, but not limited to, retaining the
services of a collection agency or attorney to collect such Assessments, Special
Assessments or monies, initiating legal proceedings for the collection of such Assessments,
Special Assessments or monies, recording a claim of lien as hereinafter provided, and
foreclosing same in the same fashion as mortgage liens are foreclosed, or any other
appropriate action. The OWNER shall be liable to the ASSOCIATION for all costs and
expenses incurred by the ASSOCIAnON incident to the collection of any Assessment,
Special Assessment or other monies owed to it, and the enforcement and/or foreclosure of
any lien for same, including, but not limited to, reasonable attorneys' fees, and attorneys'
fees anc:j costs incurred on the appeal of any lower court decision, reasonable administrative
fees of the DEVELOPER and/or the ASSOCIATION, and all sums paid by the ASSOCIATION
for taxes and on account of any mortgage lien and encumbrance in order to preserve and
protect the ASSOCIATION's lien. The ASSOCIATION shall have the right to bid in the
foreclosure sale of any lien foreclosed by it for the payment of any Assessments, Special
Assessments or monies owned to it; and if the ASSOCIATION becomes the OWNER of any
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Lot by reason of such foreclosure, it shall offer such Lot for sale within a reasonable time
and shall deduct from the proceeds of such sale all Assessments, Special Assessments or
monies due it. All payments received by the ASSOCIATION on account of any
Assessments, Special Assessments or monies owed to it by any OWNER shall be first
applied to payments and expenses incurred by the ASSOCIATION, then to interest, then to
any unpaid Assessments, Special Assessments or monies owed to the ASSOCIATION in the
inverse order that the same were due.
(d) Lien for Assessment, Special Assessment and Monies Owed to
ASSOCIATION. The ASSOCIATION shall have a lien on all property owned by an OWNER
for any unpaid Assessments (including any Assessments which are accelerated pursuant to
this Declaration). Special Assessments or other monies owed to the ASSOCIATION by such
OWNER, and for interest, reasonable attorneys' fees incurred by the ASSOCIATION incident
to the collection of the Assessments, Special Assessments and other monies, or
enforcement of the lien, for reasonable administrative fees incurred by the DEVELOPER
and/or the ASSOCIATION, and for all sums advanced and paid by the ASSOCIATION for
taxes and on account of superior mortgages, liens or encumbrances in order to protect and
preserve the ASSOCIATION's lien. To give public notice of the unpaid Assessment, Special
Assessment or other monies owed, the ASSOCIAnON may record a Claim of Lien in the
Public Records of Orange County, Florida, stating the description of the Lot(s), and name of
the OWNER, the amount then due, and the due dates. The lien is in effect until all sums
secured by it (including sums which became due after the recording of the Claim of Lien)
have been fully paid. The Claim of Lien must be signed and acknowledged by an officer or
agent of the ASSOCIATION. Upon payment in full of all sums secured by the lien, the
person making the payment is entitled to a satisfaction of the lien. "
(e) Transfer of a Lot after Assessment. The ASSOCIATION's lien shall not be
affected by the sale or transfer of any Lot. In the event of any such sale or transfer, both
the new OWNER and the prior OWNER shall be jointly and severally liable for all
Assessments, Special Assessments, interest, and other costs and expenses owed to the
ASSOCIATION which are attributable to any Lot purchased by or transferred to such new
OWNER. OR Bk 5137 Pg 2322
Orange Co FL 5798325
If) Subordination of the Lien to MortQaQes. The lien of the ASSOCIATION for
Assessments or other monies shall be subordinate and inferior to the lien of any first
mortgage in favor of an Institutional Lender recorded prior to the recording of a Claim of Lien
by the ASSOCIATION. For purposes of this Declaration, "Institutional Lender" shall mean
and refer to the DEVELOPER, a bank, savings bank, savings and loan association, insurance
company, real estate investment trust, or any other recognized lending institution. If the
ASSOCIATION's lien or its rights to any lien for any such Assessments, Special
Assessments, interest, expenses or other monies owed to the ASSOCIAnON by any
OWNER is extinguished by foreclosure of a mortgage held by an Institutional Lender, such
sums shall thereafter be Common Expenses, collectible from all OWNERS including such
acquirer, and its successors and assigns.
Section 9. Certificate as to Unpaid Assessments or Default. Upon request by any
OWNER, or an Institutional Lender holding a mortgage encumbering any Lot, the
ASSOCIATION shall execute and deliver a written certificate as to whether or not such
OWNER is in default with respect to the payment of any Assessments, SpeCial Assessments
or any monies owed in accordance with the terms of this Declaration.
Section 10. Exempt Property. The following property subject to this Declaration shall
be exempted from the 'Assessments, charges and liens created herein: (a) all properties to
the extent of any easement or other interest therein dedicated and accepted by the local
public authority and devoted to public use; (bl all Common Property; and (c) all properties
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exempted from taxation by the laws of the State of Florida, upon the terms and to the
extent of such legal exemption.
Notwithstanding any provisions herein, no land or improvements devoted to dwelling
use shall be exempt from Assessments, charges or liens.
ARTICLE VI
ARCHITECTURAL REVIEW BOARD
DR Bk 51. 37 PQ 2323
Orange Co'FL 5798325
No building, fence, wall or other structure shall be commenced, erected or
maintained upon the Property, nor shall any exterior addition to or change or alteration
therein be made until the plans and specifications showing the nature, kind, shape, height,
materials, and location of the same shall have been submitted to and approved in writing as
to harmony of external design and location in relation to surrounding structures and
topography by the Architectural Review Board as hereinaher defined.
Section 1. Composition. The DEVELOPER, upon the recording of this Declaration,
shall form a committee known as the"Architectural Review Board", hereinaher referred to
as the"ARB", which shall initially consist of three (3) persons'. The ARB shall maintain this
composition until the first meeting of the MEMBERS of the ASSOCIATION aher the
DEVELOPER is no longer able to appoint all Members of the BOARD. At such meeting, the
ARB shall be appointed by the BOARD and shall serve at the pleasure of the BOARD. that in
its selection, the Provided, however, BOARD shall be obligated to appoint the DEVELOPER
or his designated representative, to the ARB for so long as the DEVELOPER owns any Lots
in the Property. The BOARD shall also be obligated to appoint at least one 11) MEMBER of
the ASSOCIATION. Neither the ASSOCIATION, the BOARD, nor the MEMBERS of the
ASSOCIATION, shall have the authority to amend or alter the number of members of the
ARB which is irrevocably herein set forth as three (3). No decision of the ARB shall be
binding without at least a 2/3 affirmative approval by the members.
Section 2. Planning Criteria. The DEVELOPER, in order to give guidelines to the
OWNERS concerning construction and maintenance of Lots and Improvements, hereby
promulgates the ARCHITECTURAL REVIEW BOARD PLANNING CRITERIA ("Planning
Criteria") for the Property, set forth as Section 4 of this Article VI. The DEVELOPER declares
that the Property, and additions thereto, shall be held, transferred, sold, conveyed and
occupied subject to the Planning Criteria, as amended from time to time by the ARB.
Section 3. Duties. The ARB shall have the following duties and powers:
(a) to amend from time to time the Planning Criteria. Any amendments shall be
set forth in writing, shall be made known to all MEMBERS and shall be recorded in the
Public Records of Orange County, Florida. Any amendment shall include any and all matters
considered appropriate by the ARB not inconsistent with the provisions of this Declaration;
(b) to approve all buildings, fences, walls or other structures which shall be
commenced, erected or maintained upon the Property and to approve any exterior additions
to or changes or alterations therein. For any of the above, the ARB shall be furnished plans
and specifications showing the nature, type, shape, height, materials, and location of the,
same and shall approve in writing as to the harmony of the external design and location in
relation to surrounding structures and topography;
(c) to approve any such building plans and specifications and Lot grading and
landscaping plans, and the conclusion and opinion of the ARB shall be binding, if in its
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OpIniOn, for any reason, including purely aesthetic reasons, the ARB should determine that
said improvement, alteration, etc. is not consistent with the planned development of the
Property; OR Bk 5137 Po 232",·
. Orange Co' FL 579B325
(d) to require each builder to submit two (2) sets of plans and specifications to
the ARB prior to obtaining a building permit, which set of plans and specifications shall
become the property of the ARB. The work contemplated must be performed substantially in
accordance with the plans and specifications as approved. All approvals of plans or
specifications must be evidenced by the signatures of at least two (2) members of the ARB
on the plans and on the specifications furnished. The existence of the signatures of at least
two (2) members of the ARB on any plans or specifications shall be conclusive proof of the
approval by the ARB of such plans and/or specifications. .
Section 4. Initial Construction of an Improvement. The OWNER who initially
constructs the Improvement must complete such construction in a timely manner and
substantially in accordance with all plans and specifications approved by the ARB, including
plans for Lot grading, building plans and specifications, landscaping plans, pool plans and
any other'plans for construction of any Improvement on the Lot (the "Construction").
Should the ARB or the DEVELOPER determine that the Construction has not been
completed in accordance with the approved plans and specifications, either the ARB or the
DEVELOPER shall notify the OWNER in writing citing deficiencies and the OWNER shall
within fifteen (15) days after receipt of notice commence correction of the deficiencies and
continue in an expeditious manner until all deficiencies have been corrected.
Should any Construction not be completed in a timely manner as determined by the
ARB or the DEVELOPER, or not be completed in accordance with the plans and
specifications approved by the ARB, the ARB or the DEVELOPER shall have the right to seek
specific performance of the OWNER's obligation to complete the Construction as approved
by the ARB; or in the alternative, to enter upon the Lot and complete the Construction as
apiHo(,ed at the expense of the OWNER, subject, however, to the following provisions. Prior
to commencement of any work on a Lot, the ARB or the DEVELOPER must furnish written
notice to the OWNER at the last address listed in the records of the ASSOCIATION for the
OWNER, notifying the OWNER that unless the specified deficiencies are corrected within
thirty (30) days, the ARB or the DEVELOPER shall correct the deficiencies and charge all
cost thereof to the OWNER. Upon the failure of the OWNER to act within said period of
time, the ARB or the DEVELOPER shall have the right to enter in or upon the Lot or to hire
personnel to do so to complete the Construction as approved by the ARB. The cost of the
work, including labor and materials, shall be assessed against the Lot upon which the work
is performed. ASSOCIATION or the DEVELOPER shall record a The Claim of Lien (upon
commencement of the work required or anytime thereafter) against the Lot for the work
performed (or to be performed), and it shall be a lien and obligation of the OWNER and shall
become due and payable upon the recording of the Claim of Lien and shall be enforced and
collected as provided in Article V hereof.
The obligation to complete the Construction as approved and the Claim of Lien
provided above shall be binding upon and enforceable against all current and any future
OWNERS of the Lot.
Any attorneys' fees or costs and any administrative costs incurred by the ARB, the
DEVELOPER and/or the ASSOCIATION in enforcing the provisions hereof, including
attorneys' fees and costs on appeal of any lower court decision, shall be payable by the
OWNER, and the Claim of Lien shall further secure the payment of such sums.
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Section 5. Certificate of Approval. Upon completion of the Construction, or upon
correction of deficiencies cited by the ARB or the DEVELOPER, the OWNER shall notify the
ARB and the DEVELOPER in writing to inspect the Lot. If the ARB and the DEVELOPER
determine that the Construction has been completed in accordance with the approved plans
and specifications, the ARB shall issue to the OWNER a "Certificate of Approval" in
recordable form, executed by a majority of the members of the ARB with the corporate seal
of the ASSOCIATION fixed. OR Bk 5137 Pg 2325
Orange Co FL 5798325
Until such time as a Certificate of Approval is issued, the current OWNER and all
future OWNERS of the Lot shall be obligated to complete the Construction as approved by
the ARB. The recording of a Certificate of Approval shall be conclusive evidence that the
Construction as approved by the ARB has been completed, but shall not excuse the OWNER
from the requirement that plans and specifications for subsequent changes to the
Improvement be submitted to and approved by the ARB prior to the commencement of any
work:
Section 6. Alteration of Existing Improvement. The OWNER who makes exterior
additions to, or changes or alterations to, any Improvement or constructs any new
Improvements on the Lot after receipt of a Certificate of Approval as described in Section 5
must complete all such work (the "Alterations") in a timely manner and substantially in
accordance with all plans and specifications approved by the ARB. The OWNER shall notify
the ARB in writing when the Alterations have been completed and the ARB shall, within ten
(10) days of receiving such notice, make inspections to verify completion in accordanc.e with
the approved plans.
Should the ARB or the DEVELOPER determine that the Alterations have not been
completed in accordance with the approved plans and specifications, either the ARB or the
DEVELOPER shall notify the Owner in writing citing deficiencies and the OWNER shall within
fifteen (15) days after receipt of notice commence correction of the deficiencies and
continue in an expeditious manner until all deficiencies have been corrected.
If correction of the deficiencies is not commenced within fifteen (15) days, or if such
correction is not continued thereafter in an expeditious manner, the ARB or the DEVELOPER
shall be entitled to record in the Public Records a "Notice of Noncompliance" setting forth
that the OWNER has not completed the Alterations in accordance with approved plans and
specifications and that the ARB or the DEVELOPER has the right to seek legal action to force
the OWNER, or any grantee of the OWNER, to complete the Alterations in accordance with
the plans and specifications. Said "Notice of Noncompliance" shall contain the legal
description of the Lot. Once recorded, the "Notice of Noncompliance" shall constitute a
notice to all potential purchasers from the OWNER that the ARB or the DEVELOPER shall
have the right to enforce completion of the Alterations against the OWNER, or any grantee
of the OWNER.
Should the Alterations not be completed in a timely manner as determined by the
ARB or the DEVELOPER, or should the correction of the deficiencies not be commenced
within fifteen (15) days after notice and continued thereafter in an expeditious manner until
completion, or should the Alterations not be completed in accordance with the plans and
specifications approved by the ARB, the ARB or the DEVELOPER shall have the right to seek
specific performance of the OWNER's obligation to complete the Alterations as approved by
the ARB; or, in the alternative to enter upon the Lot, make such corrections or modifications
as are necessary to cause the Alterations to be completed in accordance with the approved
plans and specifications, ·subject, however, to the following provisions. Prior to
commencement of any work on a Lot, the ARB or the DEVELOPER must furnish written
notice to the OWNER at the last address listed in the records of the ASSOCIATION for the
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OWNER, notifying the OWNER that unless the specified deficiencies are corrected within
fifteen (15) days, the ARB or the DEVELOPER shall correct the deficiencies and charge all
costs thereof to the OWNER. Upon the failure of the OWNER to act within said period of
time, the ARB or the DEVELOPER shall have the right to enter in or upon the Lot or to hire
personnel to do so to complete the Alterations as approved by the ARB. The cost of the
work, including labor and materials, shall be assessed against the Lot upon which the work
is performed. The ASSOCIATION or the DEVELOPER shall record a Claim of Lien (upon
commencement of the work required or anytime thereafter) against the Lot for the work
performed (or to be performed), and it shall be a lien and obligation of the OWNER and shall
become due and payable upon the recording of the Claim of Lien and shall be enforced and
collected as 'provided in Article V hereof. OR Bk 5137 Pg 2326
Orange Co FL 5798325
Once the ARB and the DEVELOPER determine that the Alterations have been
completed in accordance with the approved plans and specifications, the ARB or the
DEVELOPER shall issue to the OWNER a Certificate of Approval in recordable form, which
shall make reference to the recorded "Notice of Noncompliance", and be executed by a
majority of the members of the ARB with the corporate seal of the ASSOCIATION affixed or
by the DEVELOPER. The recording of the Certificate of Approval in this instance shall be
conclusive evidence that the Alterations as approved by the ARB have been completed, but
shall not excuse the OWNER from the requirement that the plans and specifications for
subsequent changes, modifications or alterations to the Improvement be submitted to and
approved by the ARB prior to commencement of any work.
Section 7. Subordination of Obligation and Lien to Mortgages. The obligations of
the OWNER set forth in Section 4 hereof and any Claim of Lien recorded by the ARB as set
forth in Section 5 hereof and any "Notice of Noncompliance" recorded by the ARB as set
forth in Section 6 hereof shall be absolutely subordinate. junior and inferior to the lien of any
first mortgage held by an institutional lender, either at the time of commencement of the
Construction or Alterations, or thereafter. This subordination shall not relieve the OWNER or
any future OWNERS from the provisions of Sections 4, 5 and 6.
Section 8. Subsequent "Certificate of Approval" Not Necessary Unless "Notice of
Noncompliance" Recorded. Notwithstanding anything herein to the contrary, the provisions,
of Sections 4 and 5 shall be applicable to initial construction of an Improvement on the Lot.
After the initial construction and the recording of a "Certificate of Approval", it will not be
necessary fo"r an OWNER to obtain and record a "Certificate of Approval" for any Alterations
unless a "Notice of Noncomplia(lce" is recorded in the Public Records in accordance with
Section 6. Subsequent purchasers of an Improvement must only determine that one (1)
"Certificate of Approval" has been recorded unless a "Notice of Noncompliance" is also
recorded.
Section 9. Architectural Review Board Planning Criteria.
(a) Building Type. No building shall be erected, altered, placed, or permitted to
remain on any Lot other than one detached single family residence of not less than 900
square feet of heated/air conditioned living area, not to exceed 35 feet in height, a private
and closed garage for not less than one car. Unless approved by the ARB as to use,
location and architectural design, no garage, tool or storage room may 'be constructed
separat!'; and apa"rt from the residence, nor can any of the aforementioned structures be
constructed prior to the main residence. No guest house is to be constructed on any Lot.
(b) Layout. No foundation for an Improvement can be poured until the layout for
the Improvement is approved by the ARB.
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(1) Front yards shall not be less than 20 feet in depth measured from the
front property line to the front of the Improvement.
(2) Rear yards shall not be less than 20 feet in depth measured from the
rear property line to the rear of the Improvement, exclusive of pool or patio.
(3) Side yards shall be provided on each side of the Improvement of not
less than 5 feet from side lot lines, except on a corner lot, where setbacks from all streets
or roads shall be a minimum of 15 feet on the side.
(c) Exterior Color/Material Plan. The ARB shall have final approval of all exterior
color plan and each builder must submit to the ARB a color plan showing the color of the
roof, exterior walls, shutters, trim, etc. Any material used on the front of the Improvement
must wrap around each corner for at least two feet (2). If the Improvement is on a corner
lot, the material must be used on the front and side of the Improvement next to the street
and wrap around the corner for two feet (2). The ARB will have final approval of the use of
all such material.
OR Bk 5137 Pg 2327
OranQ~ Co FL 5798325
(d) Roofs. All roofs shall have a pitch of at least 6/12. Flat roofs shall not be
permitted unless approved by the ARB. Such areas where flat roofs may be permitted are
Florida rooms, porches and patios. There shall be no flat roofs on the entire main body of an
Improvement. The ARB shall have discretion to approve such roofs on part of the main body
of an Improvement, particularly if modern or contemporary in design. No built up roofs shall
be permitted, except on approved flat surfaces.
(e) Garages. All garages must have a minimum width of ten feet (10') for a one
car garage, measured from inside walls of garage. No carports will be permitted.
(f) Driveway Construction. All dwellings shall have a paved driveway of stable
and permanent construction of at least sixteen feet (16) in width at the entrance to the
garage. Unless prior approval is obtained from the ARB, all driveways must be constructed
of concrete. When curbs are required to be broken for driveway entrances, the curb shall be
repaired in a neat and orderly fashion and in such a way as to be acceptable to the ARB.
(g) Dwelling Quality. The ARB shall have final approval of all exterior building
materials. The ARB shall discourage the use of imitation brick and encourage the use of
materials such as brick, stone, wood and stucco, or a combination of the foregoing.
(h) Walls, Fences and Shelters. No wall or fence shall be constructed with a
height of more than six feet (6) above the ground level of an adjoining lot, and no hedge or
shrubbery abutting the Lot boundary line shall be permitted with a height of more than six
feet (6) without the prior written approval of the ARB. No wall or fence shall be constructed
on any Lot until its height, location, design, type, composition and material shall have first
been approved in writing by the ARB. The height of any wall or fence shall be measured
from the existing property elevation. Any dispute as to height, length, type, design,
composition or material shall be resolved by the BOARD, whose decision shall be final.
Hurricane or storm shutters may be used on a temporary basis, but shall not be stored on
the exterior of any Improvement unless approved by the ARB.
Ii) Ughting. All exterior lighting of a Lot shall be accomplished in accordance
with a lighting plan approved in writing by the ARB.
(j) Swimming Pools and Tennis Courts. Any swimming pool or tennis court to
be constructed on any Lot shall be subject to requirements and the approval of the ARB.
(k) Temporary Structures. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn, or other out building shall be used on any Lot at any
time as a residence either temporarily or permanently. OR Bk 5137 Pg 2328
Orange Co FL 5798325
(I) Removal of Trees. In reviewing the building plans, the ARB shall take into
account the natural landscaping such as trees, shrubs, palmettos, and encourage the builder
to incorporate them in his landscaping plan. No trees of six inches in diameter at one foot
above natural grade can be cut or removed unless they are in the building pad area or septic
area or drain field area, or otherwise approved in writing by the ARB, which approval shall
be given when such removal is necessary for the construction of an Improvement.
1m) Landscaping. A landscaping plan for each Lot must be submitted to and
approved by the ARB prior to the commencement of construction of any Improvement on
that Lot. The landscaping plan must be completed prior to occupancy of the Improvement.
After occupancy of the Improvement, any material modification of the landscaping plan must
be approved by the ARB. After occupancy the landscaping on each Lot must be maintained
to the standard at the time of installation. All lawns must be mowed to the general level of
other lawns in Daniels Crossing. The following are general guidelines for landscaping:
(i) Large shade trees shall not be planted in locations that would
immediately or in the future create a nuisance, or screen the view of an adjoining Lot.
(ii) If any portion of the landscaping dies or is damaged 'at any
time after its initial installation, the OWNER must replace such landscaping with material of
at least the same quality and amount.
(n) Irrigation. No irrigation system may use a well for water unless a filter is
attached to the well pump to keep the water from staining or discoloring any Improvement.
Any staining or discoloring which occurs must be removed or painted over immediately. If
the ARB allows a pump to be used for irrigation purposes, the location and screening of
such pump must be approved. Any pressure tank used with an irrigation system must be
located in the garage and the irrigation pump must be screened from view from any street.
(0) Air Conditioning and Heating Equipment. All air conditioning and heating
units shall be shielded and hidden so that they shall not be readily visible from any adjacent
Street or Lot. Wall air conditioning units may be permitted only upon the prior written
approval of the ARB. No window air conditioning units shall be permitted.
(p) Mailboxes. No mailbox or paperbox or other receptacle of any kind for use in
the delivery of mail or newspapers or magazines or similar material shall be erected on any
Lot unless and until the size, location, design and type of material for said boxes or
receptacles shall have been approved by the ARB. If and when the United States mail
service or the newspaper or newspapers involved shall indicate a willingness to make
delivery to wall receptacles attached to the Improvement, each OWNER, on the request of
the ARB, shall replace the boxes or receptacles previously employed for such purpose or
purposes with wall receptacles attached to the Improvement.
(q) Windows. No casement windows shall be permitted.
Ir) Land Near Parks and Water Courses. No building shall be placed nor shall
any material or refuse be placed or stored on any Lot within 20 feet of the property line of
any park or edge of any open water course, except that clean fill may be placed nearer
provided that the natural water course is not altered or blocked by such fill. Notwithstanding
the above, the location of any improvement on a Lot is also subject to all appropriate
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governmental regulations. No dock or other structure may be built on any lake shore without
the prior approval of the ARB. OR Bk 5137 Pg 2329
Orange Co FL 5798325
(s) Sight Distance at Intersections. No fence, wall, hedge or shrub planting
which obstructs sight lines and elevations between two and six feet above the roadways
shall be placed or permitted to remain on any corner Lot within the triangular area formed by
the street property lines and a line connecting them at points 25 feet from the intersection
of the street lines, or in case of a rounded property corner from the intersection of the
property lines extended. The same sight line limitations shall apply on any Lot within ten
feet from the intersection of a street property line with the edge of a driveway or alley
pavement. No 'trees shall be permitted to remain within such distances of such intersections
unless the foliage line is maintained at sufficient height to prevent obstruction of such sight
li(les.
.ft) Utility Connections. All connections for all utilities including, but not limited
to, water, sewer, electricity, gas, telephone and cable television shall be run underground
from the proper connecting points to the Improvement in such manner to be acceptable to
the governing utility authority.
(ul Nothing in this Declaration shall allow, or be construed as City of Winter
Garden City approval for, matters which are prohibited by the City of Winter Garden City
Code.
ARTICLE VII
ENFORCEMENT OF NONMONETARY DEFAULTS
Section 1. Nonmonetary Defaults. In the event of a violation by any MEMBER or
OWNER (other than the nonpayment of any Assessment, Special Assessment or other
monies) of any of the provisions of this Declaration (including the Planning Criteria), or the
Governing Documents, the ASSOCIATION shall notify the MEMBER or OWNER of the
violation, by written notice. If such violation is not cured as soon as practicable and in any
event within seven (7) days after the receipt of such written notice, or if the violation is not
capable of being cured within such seven (7) day period, if the MEMBER or OWNER fails to
commence and diligently proceed to completely cure as soon as practical, the
ASSOCIATION may, at its option:
(a) Specific Performance. Commence an action to enforce the performance on
the part of the MEMBER or OWNER, or for such equitable relief as may be necessary under
the circum-stances, including injunctive relief; and/or
(b) Damages. Commence an action to recover damages; and/or
(c) Corrective Action. Take any and all action reasonably necessary to correct
such violation, which action may include, but is not limited to, removing any building or
Improvement for which architectural approval has not been obtained, or performing any
maintenance required to be performed by this Declaration, including the right to enter upon
the Lot to make such corrections or modifications as are necessary, or remove anything in
violation of the provisions of this Declaration or the Planning Criteria.
(d) Expenses. All expenses incurred by the ASSOCIATION in connection with
the correction of any violation, or the commencement of any action against any OWNER,
including administrative. fees and costs and reasonable attorneys' fees and costs, and
anorneys' fees and costs incurred on the appeal of any lower court decision, shall be a
Special Assessment assessed against the applicable OWNER, and shall be due upon written
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demand by the ASSOCIATION and collectible as any other Special Assessment under this
Article or Article VI. OR Bk 5137 Pg 2330
Orange Co FL 5798325
Section 2. No Waiver. The failure of the ASSOCIATION to enforce any right,
provision, covenant or condition which may be granted by this Declaration or the Governing
Documents shall not constitute a waiver of the right of the ASSOCIATION to enforce such
right, provisions. covenant or condition in the future.
Section 3. Rights Cumulative. All rights, remedies and privileges granted to the
ASSOCIATION pursuant to any terms, provisions, covenants or conditions of this
Declaration or the Governing Documents shall be deemed to be cumulative, and the exercise
of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it
preclude the ASSOCIATION thus exercising the same from executing such additional
remedies, rights or privileges as may be granted or as it might have by law.
Section 4. Enforcement By or Against Other Persons. In addition to the foregoing,
this Declaration may be enforced by the DEVELOPER, or the ASSOCIATION, and by the City
of Winter Garden as to matters pertaining to the stormwater drainage areas and facilities, by
any procedure at law or in equity against any Person violating or attempting to violate any
provision herein, to restrain such violation, to require compliance with the provisions
contained herein, to recover damages, or to enforce any lien created herein. The expense of
any litigation to enforce this Declaration shall be borne by the Person against whom
enforcement is sought, provided such proceeding results in a finding that such Person was
in violation of this Declaration. In addition to the foregoing, any OWNER shall have the right
to bring an action to enforce this Declaration against any Person violating or attempting to
violate any provision herein, to restrain such violation or to require compliance with the
provisions contained herein, but no OWNER shall be entitled to recover damages or to
enforce any lien created herein as a result of a violation or failure to comply with the
provisions contained herein by any Person. The prevailing party in any such action shall be
entitled to recover its reasonable attorneys' fees and costs, including reasonable attorneys'
fees and costs incurred on the appeal of any lower court decision.
Section 5. Certificate as to Default. Upon request by any MEMBER, or OWNER, or
an Institutional Lender holding a mortgage encumbering any Lot, the ASSOCIATION shall
execute and deliver a written certificate as to whether or not such MEMBER or OWNER is in
default with' respect to compliance with the terms and provisions of this Declaration.
ARTICLE VIII
INDEMNIFICAnON
Section 1. Indemnification of Officers, Members of the BOARD or Agents. The
ASSOCIATION shall indemnify ai1Y Person whc was or is a party or is threatened to be
made a party, to any threatened, pending or contemplated action, suit or proceeding,
whether civil, criminal, administrative or investigative, by reason of the fact that he is or
was a member of the BOARD, employee, Officer or agent of the ASSOCIATION, against
expenses (including attorneys' fees and appellate attorneys' fees), judgments, fines and
amounts paid in settlement actually and reasonably incurred by him in connection with such
action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to
be in, or not opposed to, the best interest of the ASSOCIATION; and, with respect to any
criminal action or proceeding, if he had no reasonable cause to believe his conduct was
unlawful; or matter as to which such Person shall have been adjudged to be liable for gross
negligence or willful misfeasance or malfeasance in the performance of his duty to the
ASSOCIAnON unless and only to the extent that the court in which such action or suit was
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brought shall determine, upon application, that despite the adjudication of liability, but in
view of all the circumstances of the case, such Person is fairly and reasonably entitled to
indemnity for such expenses which such court shall deem proper. The termination of any
action, suit or proceeding by judgment, order, settlement conviction, or upon a plea of nolo
contendere or its equivalent, shall not, in and of itself, create a presumption that the Person
did not act in good faith and in a manner which he reasonably believed to be in, or not
opposed to, the best interest of the ASSOCIATION; and with respect to any criminal action
or proceeding, that he had no reasonable cause to believe that his conduct was unlawful.
(a) To the extent that a member of the BOARD, Officer, employee or agent of
the ASSOCIATION is entitled to indemnification by the ASSOCIATION in accordance with
this Article VIII, he shall be indemnified against expenses (including attorneys' fees and
appellate attorneys' feesl actually and reasonably incurred by him in connection therewith.
Ib) Expenses incurred in defending a civil or criminal action, suit or proceeding
shall be paid by the ASSOCIATION' in advance of the final disposition of such action, suit or .
proceeding upon receipt of an undertaking by or on behalf of the member of the BOARD,
Officer, employee or agent of the ASSOCIATION to repay such amount unless it shall
ultimately be determined that he is entitled to be indemnified by the ASSOCIATION as
authorized in this Article. OR Bk 5137 Pg 2331
Orange Co FL 5798325
(c) The indemnification provided by this Article shall not be deemed exclusive of
any other rights to which those seeking indemnification may be entitled under the laws of
the State of Florida, any Bylaw, agreement, vote of MEMBERS or otherwise. As to action
taken in an official capacity while holding office, the indemnification provided by this Article
shall continue as to a Person who has ceased to be a member of the BOARD, Officer,
employee or agent of the ASSOCIATION shall inure to the benefit of the heirs, executors
and administrators of such a Person.
(d) The ASSOCIATION shall have the power to purchase and maintain insurance
on behalf of any Person who is or was a member of the BOARD, Officer, employee or agent
of the ASSOCIATION, or is or was serving at the request of the ASSOCIATION as a
member of the BOARD, Officer, employee or agent of another corporation, partnership, joint
venture, trust or other enterprise, against any liability asserted against him and incurred by
him in any such capacity, as arising out of his status as such, whether or not the
ASSOCIATION would have the power to indemnify him against such liability under the
provisions of this Article.
ARTICLE IX
RESTRICTIVE COVENANTS
The Property shall be subject to the following Restrictions, reservations and
conditions, which shall be binding upon the DEVELOPER and upon each and every OWNER
who shall acquire hereafter a Lot or any portion of the Property, and shall be binding upon
their respective heirs, personal representatives, successors and assigns.
Section 1. Mining or Drilling. There shall be no mining, quarrying or drilling for
minerals, oil, gas or otherwise undertaken within any portion of the Property:, Excepted from
the foregoing shall be activities of the DEVELOPER or the ASSOCIATION, or any assignee of
the DEVELOPER or the ASSOCIATION, in dredging the water areas, creating land areas from
water areas or creating, excavating or maintaining drainage or other facilities or easements.
the installation of wells or pumps in compliance with applicable governmental requirements,
or for sprinkler systems for any portions of the Property.
. .,
Section 2. Clothes Drying Areas. No portion of the Property shall be used as a
drying or hanging area for laundry of any kind unless approved in writing by the DEVELOPER
or the ASSOCIATION.
Section 3. Antennas, Aerials, Discs and Flagpoles. No outside antennas, antenna
poles, antenna masts, satellite television reception devices, electronic devices, antenna
lOwers or citizen band (CB) or amateur band (ham) antennas shall be permitted except as
approved in writing by the ASSOCIATION. A flagpole for display of the American flag or any
other flag shall be permitted only if first approved in writing by the ASSOCIATION, both as
to its design, height, location and type of flag. No flagpole shall be used as an antenna.
Section 4. Statues/Windmills/Fountains. No statues, windmills, fountains. or similar
items will be allowed which are visible from any Street or neighboring Improvement.
Section 5. Games and Play Structures. All basketball backboards shall be affixed 10
a free standing pole and may not be affixed to any building, garage or building addition.
Treehouse or platforms of a like kind or nature shall not be constructed on any part of the
Lot located in front of the rear line of the Improvement constructed thereon or within any
setback line. OR Bk 5137 Pg 2332
Orange Co FL 5798325
Section 6. Litter. In order to preserve the beauty of the Property, no garbage, trash,
refuse or rubbish shall be deposited, dumped or kept upon any part of the Property except in
closed containers, dumpsters or other garbage collection facilities deemed suitable by the
ASSOCIATION. All containers, dumpsters and other garbage collection facilities shall be
screened, to the extent reasonable under the circumstances, from view from outside the Lot
upon which same are located and kept in a clean condition with no noxious or offensive
odors emanating therefrom.
Section 7. Subdivision or Partition. No portion of the Property shall be subdivided
except with the DEVELOPER's prior written consent. After the DEVELOPER no longer owns
any portion of the Property, written consent must be obtained from the ASSOCIATION.
Section 8. Casualty Destruction to Improvements. In the event an Improvement is
damaged or destroyed by casualty, hazard or other loss, then, within a reasonable period of
time after such incident, the OWNER thereof shall either commence to rebuild or repair the
damaged Improvement and ,diligently continue such rebuilding or repairing activities to
completion or, upon a determination by the OWNER that the Improvement will not be
repaired or replaced promptly, shall clear the damaged Improvement and grass over and
landscape such Lot in a sightly manner consistent with the DEVELOPER's plan for
beautification of the Property. A destroyed Improvement shall only be replaced with an
Improvement of an identical size, type and elevation as that destroyed unless the prior
written consent of the ARB is obtained.
Section 9. Common Property. Nothing shall be stored, constructed within or
removed from the Common Property other than by the DEVELOPER, except with the prior
written approval of the BOARD.
Section 10. Insurance Rates. Nothing shall be done or kept on the Cdmmon Property
which shall increase the insurance rates of the ASSOCIATION without the prior written
consent of the BOARD.
Section 11. Conservation and Drainage Areas.
'~
la) No structure of any kind shall be constructed or erected, nor shall an
OWNER in any way change, alter, impede, revise or otherwise interfere with the flow and
the volume of water in any portion of the Conservation and Drainage Areas without the prior
written permission of the ASSOCIATION. Nothing herein shall prohibit the DEVELOPER
from constructing or creating improvements or making changes. alterations or revisions in
the Conservation and Drainage Areas for the purposes of improving the flow or increasing
the volume of water therein or otherwise complying with applicable governmental permits.
.,
(bl No OWNER shall deny or prevent ingress and egress by the DEVELOPER or
the ASSOCIATION to any portion of the Conservation and Drainage Areas for maintenance
or landscape purposes. The right of ingress and egress, and easements therefor are hereby
specifically reserved and created in favor of the DEVELOPER, the ASSOCIATION, or any
appropriate governmental or quasi-governmental agency that may reasonably require such
ingress and egress. OR Bk 5137 Pg 2333
Orange Co FL 5798325
(c) No Parcel shall be increased in size by filling in any portion of the
Conservation and Drainage Areas to which it abuts. No OWNER shall fill, dike, rip-rap, block,
divert or change any portion of the Conservation and Drainage Areas without the prior
written consent of the ASSOCIATION or the DEVELOPER.
(d) No wall, fence, paving, planting or other improvement shall be placed by an
OWNER within any portion of the Conservation and Drainage Areas or any other drainage
area or drainage easement including, but not limited to, easements for maintenance or
ingress and egress accesS. The cost of removing any wall improperly placed shall be paid for
by such OWNER as a Special Assessment.
(e) The ASSOCIATION shall be responsible for the maintenance, operation and
repair of the surface water or stormwater management system. The ASSOCIATION shall
have a perpetual non-exclusive easement over all areas of the surface water or stormwater
management system for access to maintain operate and repair the system. By this
easement, the ASSOCIATION shall have the right to enter upon any portion of any lot which
is part of the surface water or stormwater management system, at a reasonable time and in
a reasonable manner, to operate, maintain or repair the surface water or stormwater
management system as required by the St. Johns River Water Management District permit.
Additionally, the ASSOCIATION shall have a perpetual non-exclusive easement for drainage
over the entire surface water or stormwater management system. No person shall alter the
drainage flow of the surface water or stormwater management system, including buffer
areas or swales, without the prior written approval of the
St. Johns River Water Management District.
Section 12. Pets, Uvestock and Poultry, No animals, livestock or poultry of any kind
shall be raised, bred or kept within the Property, other than household pets provided they
are not kept, bred or maintained for any commercial purpose, and provided that they do not
become a nuisance or annoyance to any other OWNER. No pet shall be allowed outside a
Lot except on a leash. No pets shall be permitted to place or have excretions on any portion
of the Property other than the Lot of the owner of the pet unless the owner of the pet
physically removes any such excretions from that portion of the Property. For purposes
hereof, "household pets" shall mean dogs, cats, domestic birds and fish. Pets shall also be
subject to applicable Rules and Regulations of the ASSOCIATION and their owners shall be
held accountable for their actions.
Commercial activities involving pets shall not be allowed. The ASSOCIATION or the
DEVELOPER may establish limits on the number and kind of pets that may be kept or
permitted to be kept on any Lot.
!
I
I
Section 13. Signs. Except for "For Sale" or "For Rent" signs, no signs, freestanding
or otherwise installed, shall be erected or displayed to the public view on any Lot.
Notwithstanding the foregoing, the DEVELOPER specifically reserves the right for itself, its
successors, nominees and assigns and the ASSOCIATION to place and maintain signs in
connection with construction, marketing, sales and rental of Lots and identifying or
informational signs anywhere on the Property.
Section 14. Garbage Containers, Oil and Gas Tanks, Pool Equipment, Outdoor
Equipment. All garbage and trash containers, oil tanks, bottled gas tanks, and swimming
pool equipment and housing must be underground or placed in fenced-in areas or
landscaped areas so that they are not visible from any adjoining Lot or any Street. Adequate
landscaping shall be installed and maintained by the OWNER. No Lot shall be used or
maintained as a dumping grounds for rubbish, trash or other waste. There shall be no
burning of trash or any other waste material, except within the confines of an incinerator,
the design and location of which shall be approved by the ARB.
Section 15. Solar Collectors. Solar collectors shall not be permitted without the prior
written consent of the ARB. Any approval of the ARB shall require that the solar collectors
be so located on the Lot that they are not visible from any Street and that their visibility
from surrounding Lots is restricted. OR [II, 5137 Pg 2334
Orange Co FL 5798325
Section 16. Maintenance of the Property. In order to maintain the standards of
Daniels Crossing, no weeds, underbrush or other unsightly growth shall be permitted to
grow or remain upon any portion of the Property, and no refuse or unsightly objects shall be
allowed to be placed or permitted to remain anywhere thereon. All Improvements shall be
maintained in their original condition as approved by the ARB. All lawns, landscaping and
sprinkler systems shall be kept in a good, clean, neat and attractive condition. If an OWNER
has failed to maintain a Lot as aforesaid to the satisfaction of the DEVELOPER, the
ASSOCIATION, the ARB, the DEVELOPER and/or the ASSOCIATION shall give such OWNER
written notice of the defects (which written notice does not have to be given in the case of
emergency, in which event, the DEVELOPER and/or the ASSOCIATION may without any
prior notice directly remedy the problem). Upon the OWNER's failure to make such
improvements or corrections as may be necessary within fifteen (15) days of mailing of
written notice, the DEVELOPER or the ASSOCIATION may enter upon such property and
make such improvements or correction as may be necessary, the cost of which may be paid
initially by the ASSOCIATION. If the OWNER fails to reimburse the ASSOCIATION for any
payment advanced, plus administrative and legal costs and fees, plus interest on all such
amounts at the highest interest rate allowed by the laws of Florida, within fifteen (15) days
after requested to do so by the ASSOCIATION, the ASSOCIATION shall levy a Special
Assessment against the Lot as provided in Article V. Such entry by the DEVELOPER or the
ASSOCIATION or its agents shall not be a trespass. In furtherance of the Developer's and
the Association's right to ensure that the individual Lot front lawns within the Development
are properly maintained, the Developer and the Association shall have the right to enter
upon the individual Lots and cause each individual Lot front lawn to be mowed, cut and
maintained as required by these Declarations on a regular or periodic basis. The Developer
or Association may contract with such third party vendor as they shall, in their sale
discretion, deem appropriate to accomplish the foregoing. The cost of such front lawn care
shall be proated among the Lots which receive such service and that amount will be either
billed directly to the individual Lot Owners or added to their monthly Association dues.
Section 17. Vehicles and Recreational Equipment. No commercial vehicle, or mobile
home, motor home, house trailer or camper, boat, boat trailer or other recreational vehicle or
equipment, horse trailers or vans, or the like, including disabled vehicles, shall be permitted
' ...
;>. 'J
to be parked or to be stored at any place on any portion of the Property unless they are
parked within a garage, or unless the DEVELOPER has specifically designated certain spaces
for some or all of the above. This prohibition on parking shall not apply to temporary parking
of trucks and commercial vehicles used for pick-up. delivery and repair and maintenance of a
Lot, nor to any vehicles of the DEVELOPER. No on-street parking shall be permitted unless
for special events approved in writing by the DEVELOPER or the ASSOCIATION.
Any such vehicle or recreational equipment parked in violation of these or other
regulations contained herein or in the Rules and Regulations adopted by the ASSOCIATION
may be towed by the ASSOCIATION at the sole expense of the owner of such vehicle or
recreational equipment if (i) it remains in violation for a period of twenty-four (24)
consecutive hours or (ii) it remains in violation for a period of forty-eight (48)
nonconsecutive hours in any seven (7) day period. The ASSOCIATION shall not be liable to
the owner of such vehicle or recreational equipment for trespass, conversion or otherwise,
nor guilty of any criminal act by reason of such towing and neither its removal or failure of
the owner of such vehicle or recreational equipment to receive any notice of said violation
shall be grounds for relief of any kind. OR Bk 5137 Pg 2335
Orange Co FL 5798325
Section 18. Repairs. No maintenance or repairs shall be performed on any vehicles
upon any portion of the Property except in an emergency situation. Notwithstanding the
foregoing, all repairs to disabled vehicles within the Property must be completed within two
(2) hours from its immobilization or the vehicle must be removed.
Section 19. Prohibited Structures. No structure of a temporary character including,
but not limited to. trailer, tent, shack, shed, barn, tree house or out building shall be parked
or erected on the Property at any time without the express written permission of the ARB.
Section 20. Underground Utility Lines. All electric, telephone, gas and other utility
lines must be installed underground.
Section 21. Right-of-Way Prohibition. No Lot nor any portion of any Lot may be
used for Right-of-Way purposes except with the DEVELOPER'S prior written consent.
Section 22. Nuisances. No obnoxious, unpleasant. unsightly or offensive activity
shall be carried on, nor may anything be done, which can be reasonably construed to
constitute a nuisance, public or private in nature. Any questions with regard to the
interpretation of this section shall be decided by the BOARD, whose decision shall be final.
Section 23. Compliance with Documents. Each OWNER (including each Resident)
and his family members, guests, invitees; lessees and their family members. guests. and
invitees; and his or its tenants. licensees, guests, invitees and sub-tenants shall be bound
and abide by this Declaration. The conduct of the foregoing parties shall be considered to be
the conduct of the OWNER responsible for, or connected in any manner with, such
individual's presence within Daniels Crossing. Such OWNER shall be liable to the
ASSOCIATION for the cost of any maintenance, repair or replacement of any real or
personal property rendered necessary by his act, neglect or carelessness, or by that of any
other of the foregoing parties (but only to the extent that such expense is not met by the
proceeds of insurance carried by the ASSOCIAnON) which shall be paid for by the OWNER
as a Special Assessment as provided in Article VI. Failure of an OWNER to notify any Person
of the existence of the covenants, conditions, restrictions, and other provisions of this
Declaration shall not in any way act to limit or divest the right to enforcement of these
provisions against the OWNER or such other Person.
Section 24. Exculpation of the DEVELOPER, the BOARD and the ASSOCIATION.
The DEVELOPER, the BOARD and the ASSOCIATION may grant, withhold or deny its
permission or approval in any instance where its permission or approval is permitted or
required without liability of any nature to the OWNER or any other Person for any reason
whatsoever, and any permission or approval granted shall be binding upon all Persons.
Section 25. Other Restrictions. The ARB shall have the authority, as hereinabove
expressed, from time to time to include within its promulgated residential planning criteria
other restrictions as it shall deem appropriate. Said restrictions shall be governed in
accordance with the criteria hereinabove set forth for residential planning criteria
promulgated by the ARB. However, once the ARB promulgates certain restrictions, same
shall become as binding and shall be given the same force and effect as the restrictions set
forth herein until the ARB modifies, changes or promulgates new restrictions or the
ASSOCIATION modifies or changes restrictions set forth by the ARB.
Section 26. No Implied Waiver. The failure of the ASSOCIATION or the DEVELOPER
to object to an OWNER's or other party's failure to comply with these Covenants or any
other Governing Documents (including any Rules and Regulations promulgated) shall in no
event be deemed a waiver by the DEVELOPER or the ASSOCIATION, or any other Person
having an interest therein, of that OWNER's or other party's requirement and obligation to
abide by these Covenants.
Section 27. Imposition of Fines for Violations. It is acknowledged and agreed among
all OWNERS that a violation of any of the provisions of this Article XI by an OWNER or
Resident may impose irreparable harm to the other OWNERS or Residents. All OWNERS
agree that a fine not to exceed One Hundred and No/100 Dollars ($100.00) per day may be
imposed by the DEVELOPER or ASSOCIATION for each day a violation continues after
notification by the DEVELOPER or the ASSOCIATION. All fines collected shall be used for
the benefit of theASSOCIATION. Any fine levied shall be paid within fifteen (15) days after
mailing of notice of the fine. If not paid within said fifteen (15) days the amount of such fine
shall accrue interest at the highest interest rate allowed by the laws of Florida, and shall be
treated as a Special Assessment as provided in Article VI.
ARTICLE X
MISCELLANEOUS PROVISIONS
OR Bk 5137 Pg 233&
Orange Co FL 5798325
Section 1. All Purpose Easement Reservation. In addition to the easements
(drainage, utility, etc.) shown on the Plat of Daniels Crossing, the Developer does hereby
reserve a five (5) foot easement along all boundary Lot lines for drainage and utility
purposes together with an easement for ingress and egress to enter upon such easement
area to install, maintain, repair and/or replace any drainage and/or utility facilities within
such easement area.
Section 2. Assignment of Rights and Duties to ASSOCIATION. The DEVELOPER
may at any time assign and delegate to the ASSOCIATION all or any portion of the
DEVELOPER's rights, title, interest, duties or obligations created by this Declaration. -It is
understood that the ASSOCIAnON has been formed as a property owners association in
order to effectuate the intent of the DEVELOPER for the proper development, operation and
management of the Property. Wherever herein the DEVELOPER or the ASSOCIATION, or
both, are given the right, the duty or the obligation to approve, enforce, waive, collect, sue,
demand, give notice or take any other action or grant any relief or perform any task, such
action may be taken by the DEVELOPER or the ASSOCIATION until such time as the
-.,
DEVELOPER has recorded a Certificate of Termination of Interest in the Property. Thereafter,
all rights, duties and obligations of the DEVELOPER shall be administered solely by the
ASSOCIATION in accordance with procedures set forth herein and in the Governing
Documents.
Section 3. Certificate of Termination of Interest in Daniels Crossing.
Notwithstanding anything in this Declaration, the Articles of Incorporation or the Bylaws to
the contrary, the DEVELOPER may, in its sole discretion and at any time hereafter, elect to
give up and terminate any and all rights reserved 10 the DEVELOPER in this Declaration, the
Articles of Incorporation and the Bylaws. The rights relinquished shall include, but not be
limited 10, 11) the right to appoint any member of the BOARD; (2) the right to amend this
Declaration, the Articles of Incorporation or the Bylaws; (3) the right to require its approval
of any proposed amendment 10 this Declaration, the Articles of Incorporation or the Bylaws;
and (4) all velO powers set forth in this Declaration. Such election shall be evidenced by the
execution by the DEVELOPEH ·and the recording in the Public Records of Orange County,
Florida, of an instrument entitled Certificate of Termination of Interest in Daniels Crossing.
Immediately upon the recording of such Certificate, and so long as the DEVELOPER does
own at least one (1) Lot, the DEVELOPER shall become a MEMBER with no more rights or
obligations in regards to Daniels Crossing than those of any other OWNER of a Lot. The
number of votes attributable to the DEVELOPER shall be calculated in accordance with the
Governing Documents in the same manner as the number of votes would be calculated for
any other OWNER.
Section 4. Waiver. The failure of the DEVELOPER or the ASSOCIATION to insist
upon the strict performance of any provision of this Declaration shall not be deemed to be a
waiver of such provision unless the DEVELOPEH or the ASSOCIATION has executed a
written waiver of the provision. Any such written waiver of any provision of this Declaration
by the DEVELOPER or the ASSOCIATION may be canceled or withdrawn at any time by the
party giving the waiver.
Ii
Section 5. Covenants to Run with the Title 10 the Land.
OR Bk 5137 Pg 2337
Orange Co FL 5798325
This Declaration and the Covenants, as amended and supplemented from time 10
time as herein provided, shall be deemed to run with the title to the land, and shall remain in
full force and effect until terminated in accordance with the provisions set out herein.
Section 6. Term of this Declaration. All of the foregoing covenants, conditions,
reservations and restrictions shall run with the land and continue and remain in full force and
effect at all times as against all OWNERS, their successors, heirs or assigns, regardless of
how the OWNERS acquire title, for a period of fifty (50) years from the date of this
Declaration, unless within such time, one hundred percent (100%) of the MEMBERS of the
ASSOCIATION execute a wrillen instrument declaring a termination of this Declaration and
the MEMBERS establish a method of taking care of the Common Property which is
acceptable to the City of Orange County, Florida and the Southwest Florida Water
Management District. After such fifty (50) year period, unless sooner terminated as provided
above, these covenants, conditions, reservations and restrictions shall be automatically
extended for successive periods of ten (10) years each, until a majority of the votes of the
entire membership of the ASSOCIATION execute a written instrument declaring a
termination of th·is Declaration and such termination is approved by Orange County. Any
termination of this Declaration shall be effective on the date the instrument of termination is
recorded in the Public Records of Orange County, Florida, provided, however, that any such
instrument, in order to· be effective, must be approved in writing and signed by the
DEVELOPER so long as the DEVELOPER owns any portion of the Property.
. .,
Section 7. Amendments of this Declaration. This Declaration may be amended at
any time upon the approval of at least two-thirds (2/3) of the MEMBERS as evidenced by
the recordation of an amendatory instrument executed by the President and Secretary of the
ASSOCIATION. Any amendment which alter any provision relating to the surface water or
stormwater management system, beyond maintenance in its original condition, including the
water management portions of the common areas, must have the prior approval of the St.
Johns River Water Management District.
Section 8. Disputes. In the event there is any dispute as to the interpretation of this
Declaration or whether the use of the Property or any portion thereof complies with this
Declaration, such dispute shall be referred to the BOARD. A determination by the BOARD
with respect to any dispute shall be final and binding on all parties concerned. However, any
use by the DEVELOPER and its successors, nominees and assigns of the Property shall be
deemed a use which complies with this Declaration and shall not be subject to a
determination to the contrary by the BOARD.
Section 9. Governing Law. The construction. validity and enforcement of this
Declaration shall be determined according to the laws of the State of Florida. The venue of
any action or suit brought in connection with this Declaration shall be in Orange County,
Florida.
OR Bk 5137 Pg 2338
Orange Co FL 5798325
Section 10. Invalidation. The invalidation of any provision or provisions of th'is
Declaration by lawful court order shall not affect or modify any of the other provisions of
this Declaration, which other provisions shall remain in full force and effect.
Section 11. Usage. Whenever used herein, the singular number shall include the
plural and the plural the singular, and the use of any gender shall include all genders.
Section 12. Conflict. This DeClaration shall take precedence over conflicting
provisions in the Articles of Incorporation and Bylaws of the ASSOCIATION and the Articles
of Incorporation shall take precedence over the Bylaws.
Section 13. Notice. Any notice required to be sent to any MEMBER or OWNER under
the provisions of this Declaration shall be deemed to have been properly sent when mailed,
postpaid, to the last known address of the person who appears as MEMBER or OWNER on
the records of the ASSOCIATION at the time of such mailing.
Section 14. FHAIVA Approval. Notwithstanding anything to the contrary herein, as
long as there is a Class B Membership, the following actions will require the approval of the
Federal Housing Administration and the Veteran's Administration: annexation of additional
properties, dedication of Common Property, and any amendment to this Declaration.
Section 15. Enforcement. The St. Johns Water Management District shall have the
right to enforce, by a proceeding at law or in equity, the provisions contained in the
Covenants and Restrictions which relate to the maintenance, operation and repair of the
surface water or stormwater management system.
IN WITNESS WHEREOF, the DEVELOPER, DANIELS CROSSING ASSOCIATES, LTD.,
a Florida limited partnership, has caused this instrument to be executed in its name as of the
day and year first above written.
~! lCUtl l0l(I,)
't) 1/\1..H.. v...' I t(.k.J
Vel IT N( .:>S
STATE OF FLORIDA
COUNTY OF ORANGE
By: DANRAY HOMES, INC. a Florida
Corporation