WEKIVA COVE HOMEOWNERS ASSOCIATION , INC. Articles of Incorporation Declaration of Covenants and Restrictions By LawsThis instrument prepared by and should be retumed to: Robert L. Taylor, Esquire TAYLOR & CARLS, P.A, 850 Concourse Parkway South Suite 105 Maitland, Florida 32751 407-660-1040 Cross reference to Declaration recorded in Official Records Book 1268, Page 1403, as. supplemented and amended by ‘Supplemental Declarations recorded in Official Records Book 1523, Page 0787; Book 1685, Page 0137; and Book 1699, Page 0729'and by Amendments to Declaration recorded in Official Records Book 1625, Page 1753 and Book 1699, Page 0718 all of the Public Records of Seminole County, Florida, NOTICE OF ADOPTION AND RECORDING AMENDED AND RESTATED ARTICLES OF INCORPORATION OF WEKIVA COVE HOMEOWNERS ASSOCIATION, INC. AND AMENDED AND RESTATED BY-LAWS OF WEKIVA COVE HOMEOWNERS ASSOCIATION, INC. THIS IS TO CERTIFY that attached as Exhibit "A" is a true and correct copy of the Amended and Restated Articles of Incorporation of Wekiva Cove Homeowners Association, Ino. whieh was properly adopted on July 14, 2004 and filed with the Secretary of State of Florida on August 19, 2004. THIS IS TO ALSO CERTIFY that attached as Exhibit "8" is a true and correct copy of the Amended and Restated By-laws of Wekiva Cove Homeowners Association, Inc., which was properly adopted on July 14, 2004. ‘The attached documents relate to the Original “Declaration of Covenants, Conditions and Restrictions for Weklva Cove, Section One" which is recorded in Oficial Records Book 1268, Page. 1403, of the Public Records of Seminole County, Florida, and which has. previously’ besn Supplemented and amended at Official Records Book 1523, Page 0787: Official Records Book 4829, Page 1783; Official Records Book 1685, Page 0137; Official Records Book 1699, Page O76; and, Official Records Book 1699, Page 0729 all of the Public Records of Seminole County, Florida. EXECUTED at Seminole County, Florida, on this thee SvAday of deptnuber, , 2004 WITNESSES: oe COVE HOMEOWNERS ASSOCIATION, \ Seow Suorictone By Ela Sapature of Win Presen Seton VOR NION Pantone, “Roaget” Breg Bin Name Adsress:__ 207 _(Maueneatly Hreae (re : 1 ae Wala 1685 ~~ Lew awocd Fe__ 25719 is uh hig me _ yatta Fe Binttbme—Attest: 2 | Secretary Print Name: Phallis We thiams passe: 3L8 New Water vd Pl. ——Aevgwood Fe 38979 (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF “PIAS THE FOREGOING INSTRUMENT was aknowledged before me this ‘y ‘Seeiee 2004, by eo ‘and te who Care persortaty known to me to be the Presiddht and Secretary, respectively, of WEKIVA COVE HOMEOWNERS ASSOCIATION, INC., or have produced D. - {type of identification) as identification. They acknowledged executing this documsentin the presonce oftwo Subscribing witnesses freely and voluntarlly under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid on this MPA day of Soplembetne seo = wy, Charlotte 1. Stein. hah Mii) Se, Cn aos en Pale atest os —— Sore so, Print Name: a » Scan CCCCCince eee ee on ioe Commission No. D> 3: i Aa ad My Commission Expires: 4 /rq]om Weav0t nottRESOLUTION OF THE BOARD OF DIRECTORS OF WEKIVA COVE HOMEOWNERS ASSOCIATION, INC. PROPOSING AMENDMENTS TO THE ASSOCIATION’S ARTICLES OF INCORPORATION AND BYLAWS WHEREAS, Article 9 of ‘the Articles of Incorporation of the Wekiva Cove Homeowners Association, Inc. provides that it may be amended; and WHEREAS, Article 7 of the Bylaws of the Wekiva Cove Homeowners Association, Inc. provides that it may be amended; and WHEREAS, the Board of Directors of Wekiva Cove Homeowners Association, Inc. ("Association’) determined that it was in the best interest of the Association to amend the Articles of Incorporation and Bylaws of the Association in the fashion reflected on attached Exhibits "A and “BY and 2 WHEREAS, as required by both Article 9 of the Articles of Incorporation and Article 7 of the Bylaws, the Board adopted a resolution at its meeting held on=Q UL) 3 +2004 Proposing that the attached amendments be submitted to the membérship for consideration and adoption; and WHEREAS, the Board has chosen to memorialize the above addressed resolution by Preparing and executing this document NOW THEREFORE, BE IT RESOLVED by the Board of Directors of Wekiva Cove Homeowners Association, Inc, that the Proposed Amendments attached hereto as Exhibits “A* and “B” be and the same are unanimously approved by the Board of Directors. BE IT FURTHER RESOLVED that the Proposed Amendments be submitted to and of the Members to be held on July 14, 2004, or any adjournment thereof, THIS REVOLUTION WAS UNANIMOUSLY PASSED AND DULY adopted at a meeting of Bop Directors of Wekiva Cove Homeowners Association, Inc., on the ADYh day of . 2004. Ss President = ATTEST: Secretdry Weovt restAMENDED AND RESTATED 94 Aug 1g ARTICLES OF INCORPORATION OF Seepr AM S49 WEKIVA COVE HOMEOWNERS ASSOCIATION, INC. 7 CARER OF Stare EE, The undersigned by these Articles associate themselves for the Purpose of the forming CRIA Fon poration not for profit under Chapter 617, Florida Statutes, as amended, and certify as follows: 1.0 NAME, 11 The name of the corporation shall be WEKIVA COVE HOMEOWNERS ASSOCIATION, INC. For convenience, the corporation shall be referred to in this instrument as the Association, 2.0 PURPOSE. 21 The purpose for which the Association is organized is to provide an entity to act as the community association for the Wekiva Cove Development and to own and operate certain lands and personal property (common area) located in Seminole County, Florida, which lands and personal property are to be used in common by all of the members of the Association, which membership shall consist of all of the property owners at Wekiva Cove.’ The Association shall be responsible for the management of Wekiva Cove in keeping with the terms and conditions as set forth in the Declaration of Covenants and Restrictions for Wekiva Cove ac the same has been and will be further amended, or Amended and Restated (hereinafter “Declaration’). 22 The Association does not contemplate pecuniary gain or profit to the members thereof and shall make no distribution of income to its members, diteclors, or officers. 3.0 POWERS. The powers of the Association shall include and be governed by the following provisions: 3.1. The Association shall have all of the common law and statutory powers of a Corporation not for profit which are not in conflict wth the terms of these Articles, 3.2 The Association shall have all of the powers and duties set forth in the Declaration, except as limited by these Articles, and all of the powers and duties reasonably necessary to operate the Wekiva Cove Common Areas pursuant to the Declaration, including but not limited to the following: 3.2.1 To make and collect assessments against Owners to defray the costs and expenses of the operation of the Wekiva Cove Development, 3.22 To use the proceeds of assessments in the exercise of its power and duties, 3.23 To maintain, repair, replace and operate the Common Areas, 3 BIT iA40 33 34 35 36 3.2.4 To make and collect assessments against members, to purchase insurance upon the property of the Association and insurance for the Protection of the Association, it Board of Directors and its members, 3.2.5 To reconstruct the improvements after casualty and to further improve the Common Areas. 3.2.6 To make and amend Planning Criteria and reasonable Rules and Regulations regarding the use of the Lots, Living Units, the Common Areas and all other portions of the Wekiva Cove Development which Planning Criteria and Rules and Regulations may be adopted and ‘amended from time to time by the Board of Directors at any duly constituted Board meeting. 3.2.7 To contract for the management of the Association and to delegate to such contractors all power and duties of the Association except such as. are specifically required by the Declaration to have the approval of the Board of Directors or the membership of the Association. 3.2.8 To employ personnel to perform the services required for the proper operation of the Association and the Common Areas, The Association, by and through its Board of Directors, shall have the power to acquire (by gift, purchase or otherwise), annex, own, hold, improve, build upon, operate, maintain, convey, grant rights and easements, sell, dedicate, lease, transfer or otherwise dispose of real or personal property within Wekiva Cove in conjunction with the function of the Association subject to the limitations provided for in the Declaration. The Association, by and through its Board of Directors, shall also have the right to borrow money, and to mortgage, pledge or hypothecate any or alll of its real or personal property (including assessment and lien rights) as security for money or debts incurred. All funds and the title of all properties acquired by the Association and their proceeds shall be held in trust for the members in accordance with the provisions of the Declaration, these Articles of Incorporation and the By-Laws. ‘The powers of the Association shall be subject to shall be exercise in accordance with the provisions of the Declaration, MEMBERS. 44 42 ‘The members of the Association shall consist of all the record owners of legal title to lots at Wekiva Cove from time to time. If a Lot is held ina Trust, then the Trustee shall be considered to be the member for all purposes. The share of a member in the funds and assets of the Association cannot be 25.0 6.0 7.0 8.0 9.0 assigned, hypothecated or transferred in any manner except as an appurtenance to his property. CTO} 5.1 The affairs of the Association shall be managed by a Board of Directors who must be Members. From and after the approval of this Amended and Restated document and the filing of the same with the State of Florida, the Board shall consist of elther five (6), seven (7) or nine (9) members, with the exact number to be set in the By- Laws. The election of the Directors shall be held at the annual meeting. The terms of the board members may be staggered if provided for in the By-Laws. OFFICERS, 6.1 The affairs of the Association shall be administered by the officers designated in the By-Laws. The officers shall be elected by the Board of Directors at its first meeting following the annual meeting of the members of the Association, if possible, and shall serve at the pleasure of the Board of Directors. INDEMNIFICATION, 7.1 Every director and every officer of the Association shail be indemnified by the Association against all expenses and liabities, including counsel fees, reasonably incurred by or imposed upon him or her in connection with any proceeding or any settlement of any proceeding to which he or she may bea party or in which he or she may become involved by reason of his or her being or having been a director or officer of the Association, whether or not he or she is a director or officer at the time such expenses are incurred, except when the director or officer is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being for the best interest of the Association, ‘The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. BY-LAWS, 8.1 The first By-Laws of the Association, which were adopted by the initial Board of Directors may be altered, amended or rescinded in the manner provide by the By-Laws. AMENDMENTS. 9.1. These Articles may be amended upon the approval of not less than a majority of the Owners. Such amendments may be approved in either of the following two ways:10.0 12.0 a. ___Proposed amendments may be approved at a meeting of the members by the affirmative vote of at least a majority of the voting interests of the Association, with the members being permitted to vote either in person or by proxy. If such procedure is utllzed, the proposed amendment must be included in the notice of the meeting; or b. __, Proposed amendments may also be approved by a written agreement ‘signed by not less that a majority of the Owners. 8.2 Notwithstanding the above, no amendment may make any changes in the Gualifications for membership, materially and adversely alter the proportionate voting interest appurtenant to a Lot or Living Unit or increase the proportion or Percentage by which a Lot or Living Unit shares in the common expenses of the Association unless the lot owner and all record owners of liens on the lots join in the execution fo th amendment. A change in the quorum requirements is not such an amendment, TERM. 10.1. . The term of the Association shall be perpetual INCORPORATORS, 11.1 The names and addresses of the incorporators of the original Articles of Incorporation were as follows David G. Price 1022 Grove Street Maitland, Florida 32751 Kenneth W. Hunnam 3146 Autumn Wood Trail Apopka, Florida 32703, Louise A. Ward 200 St. Andrews Blvd. #1904 Winter Park, Florida 32792 REGISTERED AGENT AND OFFICE, 12.1 The initial registered office of the corporation was located at: 3630 Sand Lake Road, Longwood, Florida 32705. The initial Registered Agent at said address was KENNETH W. HUNNAM, ESQUIRE. The registered office of and the Registered Agent for the corporation shall thereafter be established and changed from time to time by the Board of Directors and reported to the Department of State on the appropriate forms. These Amended and Restated Articles of Incorporation were duly approved by the embers of the corporation as required under the Articles of Incorporation as they existed rior to these Amended and Restated Articles, the By-laws of the Corporation and Chapter 617 Section 1002 of the Florida Statutes on July 14, 2004,seal WITNESS WHEREOF, the Corporation has caused these Amended and Restated Articles of incorporation to be executed and attested by its duly authorized officers on thie day of July, 2004. WEKIVA COVE HOMEOWNERS ASSOCIATION, INC. Restated Articles 08/04/04AMENDED AND RESTATED BY-LAWS OF WEKIVA COVE HOMEOWNERS ASSOCIATION, INC. 1.0 _ IDENTITY. These are the Amended and Restated By-Laws of the WEKIVA COVE HOMEOWNERS ASSOCIATION, INC., (hereinafter referred to as “Association”), a corporation ‘not for profit under the laws of the State af Florida, the original Articles of Incorporation of which were filed in the office of the Secretary of State on the 26th day of June, 1980. The Association has been organized for the purpose of acting as the community association for the Wekiva Cove Development and for the purpose of owning and operating certain lands, and personal property located in Seminole County, Florida, which lands, and personal property are to be used in common by the members of the WEKIVA COVE HOMEOWNERS ASSOCIATION, INC., which members shall be property owners at WEKIVA COVE. Such operation by the Association shall include the management of WEKIVA COVE in keeping with the terms and conditions as set forth in the “Declaration of Covenants, Conditions and restrictions of WEKIVA COVE", as the same has been and will be further amended, or Amended and Restated (hereinafter “Declaration’) and the enforcement of such covenants, conditions and restrictions. 1.1 The Fiscal Year of the Association shall be the calendar year. 1.2 The Seal of the Association shall bear the name of the corporation, the word, *Florida’, the words, “corporation not for profit” and the year of the incorporation. 1.3. Definitions of terms used herein shall be the same as are contained in the “Declaration”. 2.0 MEMBERS’ MEETINGS. 2.1 ‘The Annual Members Meeting shall be held sometime during the month of October of each year on the date, at the place, and at the time determined by the Board of Directors not later than its June board meeting of each year. The purpose of the meeting shall be to elect Directors and to transact any other business authorized to be transacted by the members, or as stated in the notice of the meeting sent to Owners in advance 2.2 Special Members’ Meetings shall be held whenever called by the President or Vice President or by a majority of the Board of Directors, and must be called by such officers upon receipt of a written request from members entitled to cast ‘one-fourth (1/4th) of the votes of the entire membership. 23 Notice of all Members’ Meetings stating the time and place and, for special meetings only, the purpose(s) for which the meeting is called, shall be given by the President or Secretary. The notice of the annual meeting shall be sent by mail or hand delivered to each Owner unless the Owner waives in writing the Tight to receive notice of the annual meeting by mail or hand delivery. If the delivery is by hand or mail, it shall be fo the address of the member as it appears on the roster of members. The delivery of the Notice shall be effected not less than 10 days nor more than 30 days prior to the date of the meeting, In the alternative, the Association may supply all notices by electronic means or any — BABI ig24 25 2.8 27 28 other means permitted by State Law. A Quorum at Members’ Meetings shall consist of persons entitled to cast one- tenth (1/10th) of the votes of the entire membership except as otherwise provided for in the Articles, the Declaration or these By-Laws. The acts approved by a majority of the votes present at a meeting at which a quorum is. present shall constitute the acts of the members, except when approval by a ‘smaller or greater number of members is required by the Declaration, Articles of Incorporation or these By-Laws. Voting, 2.5.1. In any meeting of members the Owners shall be entitled to cast one vote as‘the Owner of a Lot or Living Unit, unless the decision to be made is elsewhere permitted or required to be determined in another manner. There shall never be more than one vote per Lot or Living Unit. 2.5.2 Ifa Lot or Living Unit is owned by one person, his right to vote shall be established by the record title to his Lot or Living Unit. If a Lot or Living Unit is owned by more than one person, those persons (including husbands and wives) shall decide among themselves who shall cast the vote of the Lot or Living Unit. In the event that those persons cannot so decide, no vote shall be cast. A person casting a vote for a Lot or Living Unit shal! be presumed to have the authority to do so unless the President or the Board of Directors is otherwise notified. If a Lot or Living Unit is ‘owned by a corporation, the person entitled to cast the vote for the Lot or Living Unit shall be designated by a certificate signed by the President or Vice President and attested to by the Secretary of the corporation and filed ‘ with the Secretary of the Association Proxies. Votes may be cast in person or by proxy. A proxy may be made by any person entitled to vote and shall be valid only for the particular meeting designated in the proxy and any lawful adjourned meetings thereof. Alll proxies must comply with the requirements imposed by Florida law, as amended from time to time. Adioumed Meetings. If any meeting of the members cannot be organized because of a quorum has not attended, the members who are present, either in Person or by proxy, may adjourn the meeting from time to time until a quorum is present, ‘The Order of Business at all member's meetings, as far as practicable, shall be 1, Election of chairman of the meeting, 2. Calling of the roll and certifying of proxies. 3. Proof of notice of meeting or waiver of notice, 24. Reading and disposal of any unapproved minutes. 5. Reports of officers. 6. Reports of committees. 7. Election of inspectors of elections. 8. Election of directors, 9. Unfinished business. 10. New business. 11. Adjournment. 3.0 DIRECTORS. 3.1 Membership. Beginning with the approval of this Amended and Restated document, the affairs of the Association shall be managed by a Board of Directors consisting of seven (7) directors. The two (2) vacancies on the Board of Directors created by this increase shall be filled by the existing Directors for terms that expire at the next election of directors. The number of directors may be changed by amendment to these Bylaws; however, the Board shall always consist of five (5), seven (7) or nine (9) directors. 3.2 Election of Directors shall be conducted in the following manner: 3.2.1 Election of Directors shall be held at the annual members’ meeting, 3.2.2 Not later than 90 days before each scheduled election, the Association shall, mail, deliver, or electronically transmit (if permitted by Florida law) to each Owner entitled to vote, a notice of the date of the election. Any Owner desiring to be a candidate for the board must give written notice to the Association not less than 60 days before the scheduled election along with an information sheet about themselves (if they so wish), no larger than 8 % inches by 11 inches. The Association retains the right to edit or reject any information sheet that it believes to contain information that is inappropriate. The Association shall then send a second notice no less than thirty (80) days before the scheduled election to each Owner entitled {o vote along with the other notices and information relating to the annual meeting. This second notice shail list all of those persons who indicated their desire to be a candidate for the board and shall include those appropriate information sheets that had been timely filed as above provided. An appropriate proxy form shall be included with this second notice. The Board may, but is not required to, also send a Limited Proxy to all such Owners which proxy may include only the names of those persons who indicated their desire to be a candidate or may also include spaces for write-in candidates. Notwithstanding the above, any member may nominate themselves from the floor at the time of the election. Minor deviations from the time frames established by this provision shall not invalidate any election,33 34 35 3.2.3 The election shall be by plurality of the votes cast, each person voting being entitled to cast his vote, either in person or by proxy, for each of as many nominees as there are vacancies to be filled. The persons receiving the largest number of votes shall be elected. There shall be no cumulative voting. 3.2.4 Except as to vacancies created by removal of Directors by members, vacancies in the Board of Directors occurring between annual meetings of members shall be filled by the remaining Directors. Such appointments shall be for the unexpired term of his or her predecessor. 3.2.5 Vacancies created by the failure of a sufficient number of persons to run for the board shall be filled by the remaining Directors. Such appointments shall be for terms that expire at the next election of directors 3.2.6 Vacancies created by increases in the number of board members shall be filled by the remaining Directors. Such appointments shall be for terms that expire at the next election of directors. 3.27 The removal of Directors and the filling of vacancies as a result thereof shall be carried out in the manner provided for in Chapters 720, and 617, Florida Statutes. Beginning with the 2004 election of Directors, the terms of office for the Directors shall be staggered two (2) year terms. Accordingly, the four (4) persons receiving the greatest number of votes in the 2004 election shall each serve a two (2) year term. The remaining three (3) persons elected as directors shall each serve one (1) year terms. All successor directors shall serve two (2) year terms. All Directors’ terms shall extend unti their successor has been duly elected and qualified or until they have been removed in the manner elsewhere provided. ‘The Organization Meeting of a newly-elected Board of Directors shall be held at the first Board meeting after the annual election at such place and time as shall be fixed by the Directors. The election of officers, if possible, shall occur at that meeting, Regular Meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors. Notice of regular meetings shall be given to each Director, personally, by mail, telephone or electronic means if permitted by state law and shall be transmitted at least 48 hours prior to the meeting unless a pre-determined schedule of meetings is created by the Board. Regular meetings of the Board of Directors shall be open to all Owners and notice of such meetings shall be posted ‘conspicuously at least 48 continuous hours in advance for the attention of the members of the Association except in the event of an emergency. In the alternative, the Association may provide for reasonable altematives to such Posting for each board meeting by using any other method permitted by law. 43.6, 37 3.8 39 3.10 34 3.12 ‘Owners may tape record or videotape meetings of the Board subject to rules adopted by the Board. Directors may not vote by proxy or by secret ballot at Board meetings, except that a secret ballot may be used for the election of officers. A vote or abstention for each Director present shall be recorded in the minutes ‘Special Meetings of the Directors may be called by the President and must be called by the Secretary at the written request of one-third (1/3) of the Directors. Notice of the meeting shall be given personally or by mail, telephone or electronic means if permitted by state law, which notice shall state the time, place, and purpose of the meeting and shall be transmitted not less than 48 hours prior to the meeting. Special meetings of the Board of Directors shall be open to all Owners, and notice of such meetings shall be posted conspicuously at least 48 continuous hours in advance for the attention of the members of the Association except in the event of an emergency. In the alternative, the Association may provide for reasonable alternatives to such posting for each board meeting by using any other method permitted by law. Owners may tape record or videotape meetings of the Board. Directors may not vote by proxy or secret ballot at Board Meetings, except that a secret ballot may be used for the election of officers. A vote or abstention for each Director present shall be recorded in the Minutes. Waiver of Notice. Any Director may waive notice of a meeting before, during or after the meeting and such waiver shall be deemed equivalent to the giving of notice. ‘A. Quorum at Directors’ meetings shall consist of a majority of the entire Board of Directors. The acts approved by a majority of those present at a meeting at which a quorum is present shall constitute the acts of the Board of Directors. Adjourned Meetings. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At any adjourned meeting any business that might have been transacted at the meeting originally called may be transacted without further notice. Notwithstanding the above, notice of any such adjourned meetings shall be given as provided for all board meetings as above required. Joinder in Meeting by Approval of Minutes. The joinder of a Director in the action ‘of a meeting by signing and concurring in the minutes of that meeting shall constitute the presence of such Director for the purpose of determining a quorum, if permitted by state law. The Presiding Officer of Directors’ Meetings shall be the President. In the absence of the President the Directors present shall designate one of their number to preside. Directors’ Fees, if any, shall, be determined by the members.4.0 POWERS AND DUTIES OF THE BOARD OF DIRECTORS. 44 42 43 AlLof the powers and duties of the Association existing under the Declaration, Articles of Incorporation and these By-Laws shall be exercised exclusively by the Board of Directors, subject only to approval by members where such approval is specifically required Powers. The Board shall have the power to 4.24 4.22 423 4.24 425 4.28 4.27 428 Duties. 43.4 Make and amend Planning Criteria and reasonable Rules and Regulations regarding the use of the Lots, Living Units, the Common Areas and all other portions of the Wekiva Cove Development which Planning Criteria and Rules and Regulations may be adopted and amended from time to time by the Board of Directors at any duly constituted Board meeting; ‘Suspend the voting rights of a member and his right to use the Common Areas as permitted by the Declaration; Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provision of these By-Laws, the Articles or the Declaration; Declare the office of a member of the Board to be vacant in the event ‘such member shall be absent from three (3) consecutive meetings of the Board of Directors, provided, however, that concurrence in the minutes of the meeting as provided for herein shall constitute presence at said meeting; Employ such employees as they deem necessary and prescribe their duties; Acquire (by gift, purchase or otherwise), annex, own, hold, improve, build upon, operate, maintain, convey, grant rights and easements, sell, dedicate, lease, transfer or otherwise dispose of real or personal property within Wekiva Cove in conjunction with the function of the Association subject to the limitations provided for in the Declaration. Borrow money, and mortgage, pledge or hypothecate any or all of the ‘Associations real or personal property (including assessment and lien rights) as security for money or debts incurred. Exercise such other Powers as given by Florida Statutes and not in conflict therewith. It shall be the duty of the Board to. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at an annual meeting 6of the members; 4.3.2 Supervise all officers, agents and employees of the Association, and determine that their duties are properly performed; 4.3.3 As more fully provided in the Declaration to: 43.3.4 Fix the amount of the assessments as provided for in the Declaration; 43.3.2 Send written notice of each assessment to every Owner subject thereto as provided for in the Declaration; and 43.3.3 Foreclose the lien against any Lot or Living Unit for which assessments are not paid and/or bring an action at law against the Owner personally obligated to pay the same as provided for in the Declaration. 4.3.4 Issue, or cause an appropriate office to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; 4.3.5 Procure and maintain adequate liability and hazard insurance on property ‘owned by the Association and procure and maintain insurance to protect the Association and Board of Directors; 4.3.6 Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; 4.3.7 Cause the Common Area to be maintained. All of the powers and duties of the Association existing under the Articles of Incorporation and these By-Laws shall be exercised exclusively by the Board of Directors, subject only to approval by members where such approval is specifically required. 5.0 OFFICERS. 5.1 The Executive Officers of the Association shall be the President, who shall be director, a Vice President, who shall be a director, a Treasurer and a Secretary, all of whom shall be elected annually by the Board of Directors, and who may be peremptorily removed by vote of the Directors at any meeting. Any person may hold two or more offices except that the President shall not also be the Secretary. The Board of Directors from time to time, shall elect such other officers and designate their powers and duties as the Board shall find to be required to manage the affairs of the Association.6.0 52 53 54 55 56 ‘The President shall be the chief executive officer of the Association. He or She shall have all of the powers and duties usually vested in the office of president of an association, including but not limited to the power to appoint committees from among the members from time to time, as they, in their discretion, may determine appropriate to assist in the conduct of the affairs of the Association ‘The Vice President in the absence or disability of the President, shall exercise the powers and perform the duties of the President. He or She also shall assist the President generally and exercise such other powers and perform such other duties as shall be prescribed by the Directors. ‘The Secretary shall keep the minutes of all proceedings of the Directors and the members. He or She shall attend to the giving and serving of all notices to the members and Directors and other notices required by law. He or She shall have custody of the seal of the Association and affix it to instruments requiring a seal when duly signed. He or She shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of ‘Secretary of an association and as may be required by the Directors or the President. ‘The Treasurer shall have the custody of all property of the Association, including funds, securities and evidences of indebtedness. He or She shall keep the books of the Association in accordance with good accounting practices; and he shall perform all other duties incident to the office of Treasurer. ‘The Compensation of all employees of the Association shall be fixed by the Directors. The provision that Directors’ fee shall be determined by members shall not preclude the Board of Directors from employing a Director as an employee of the Association. FISCAL MANAGEMENT. 64 62 Accounts, The receipts and expenditures of the Association shall be created and charged to accounts under the following classification as shall be appropriate, all of which expenditures shall be common expenses. 6.1.1 Current Expenses, which shall include all receipts and expenditures within the year for which the budget is made, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves, to additional improvements or to operations. 6.1.2 Reserve for Replacement, which shall include funds for repair or replacement required because of damage, depreciation or obsolescence. 6.1.3 Betterments, which shall include the funds to be used for capital expenditures for additional improvements or additional personal property. Budget. The Board of Directors shall prepare an annual budget which must reflect the estimated revenues and expenses for that year as required above and 87.0 63 64 65 66 67 Al 7A the estimated surplus or deficit as of the end of the current year. The Association shall provide each member with a copy of the annual budget or a written notice that a copy of the budget is available upon request at no charge to the member. If requested, the copy must be provided to the member in the same fashion as is required by State law for providing members other official records. Acceleration of Assessment Installments Upon Default. If a Lot owner shall be in default in the payment of an installment upon assessment, the Board of Directors may accelerate the remaining installments of the assessment upon notice to the Lot owner, and the unpaid balance of the assessment shall be due upon the date stated in the notice, but not less than ten (10) days after delivery of the notice to the property owner, or not less than twenty (20) days after the mailing of such notice to him by registered or certified mail, whichever shall first ocours. Assessments for Emergencies. Assessments for common expenses of emergencies that cannot be paid from the annual assessments for ‘common expenses may be made without notice of the need for such expenditure being given. The assessment shall become effective and shall be due after thirly (30) days’ notice in such manner as the Board of Directors of the Association may require in the notice of assessment. ‘The Depository of the Association shall be such bank or banks and/or such savings and loan association or saving and loan associations as shall be designated from time to time by the Directors and in which the monies of the Association shall be deposited. Withdrawal of monies from such accounts shall be only by checks signed by such persons as are authorized by the Directors, Financial Reporting. The Association shall prepare an annual financial report within 60 days after the close of the fiscal year as required by Chapter 720, Florida statutes. The Association shall provide each member with a copy of the annual financial report or a written notice that a copy of the annual financial report is available upon request at no charge to the member. If requested, the copy must be provided to the member in the same fashion as is required by State law for providing members other official records. Fidelity Bonds shall be required by the Board of Directors from all officers of the Association and from any contractor handling or responsible for the Association funds. The amount of such bonds shall be determined by the Directors, but shall be at least the amount of the total of two monthly assessments against members for common expenses. The premiums on such bonds shall be paid by the Association, TS. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered.7.2 A Resolution adopting a proposed amendment may be proposed by either the Board of Directors of the Association or by any of the members of the Association. Proposed amendment shall be adopted if the same are approved by a majority of those members who actually vote at the meeting at which the amendment is being considered, which vote may be in person or by proxy. 7.3 Proviso. Provided, however, that no amendment shall discriminate against any Owner nor against any property or class or group of properties unless the property Owners so affected shall consent. No amendment shall be made that is in conflict with the Articles of incorporation. 7.3.1 In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles of Incorporation shall control; and in the case of any conflict between the Declaration and these By-Laws, or the Articles of Incorporation, the Declaration shall control. 7.3.2 No amendment shall materially impair or prejudice the rights and/or priorities of an institutional mortgagee of any of the property without the Prior written approval of such mortgagee. 7.4 — Execution and Recording. A copy of each amendment shail be attached to a certificate certifying that the amendment was duly adopted as an amendment to the By-Laws, which certificate shall be executed by the officers of the Association with the formalities of the execution of a deed. The amendment shall be effective when such certificate and copy of the amendment are recorded in the Public Records of Seminole County, Florida. 8.0 MISCELLANEOUS. 8.1 — Books and Records. 8.1.1 Inspection by Members and Mortaagees. Subject to the exceptions set forth below, the Board shall make available for inspection and copying by any holder, insurer, or guarantor of a first mortgage on a Lot and Living Unit, any Member, or the duly authorized agent of any of the foregoing at any reasonable time the Official Records of the Association, but only as. the same are defined by Chapter 720, Florida Statutes or any successor law, as from time to time amended. The Board shall provide for such inspection to take place at the office of the Association or at such other place within the community as the Board shall designate. 8.1.2. Rules for Inspection and Copying. The Board shall establish reasonable rules with respect to such inspection and copying, including but not limited to: (a) notice to be given to the custodian of the records; (b) hours and days of the week when such an inspection may be made; and 1082 (c) payment of the cost of reproducing and delivering copies of documents requested, Fines. In addition to all other remedies provided in the Declaration, the Association, in its sole and absolute discretion, may levy a fine ("Fine") upon an Owner for failure of the Owner, his guests, agents, lessees, licensees, tenants, or employees (hereinafter collectively “Owner’), to ‘comply with any provision in this Declaration, or the Articles of Incorporation, By-Laws of the Association, or any Rules or Regulations, and for failure to pay to or reimburse the Association for any sums owed by an Owner to the Association under this Declaration. The Association, by and through its Board of Directors, shall adopt rules and regulations outlining the procedures to be followed for the imposition of Fines, which rules and regulations must comply with Florida Law. These Amended and Restated By-Laws were duly approved by the members of the corporation as required under the By-Laws as they existed prior to these Amended and Restated By-Laws, the Articles of Incorporation of the Corporation and Chapter 617 Section 1002 of the Florida Statutes on July 14, 2004, IN WITNESS WHEREOF, the Corporation has caused these Amended and Restated By-Laws to be executed and attested by its duly authorized officers on this day of September, 2004. WEKIVA COVE HOMEOWNERS ASSOCIATION INC. = ‘Secretary , Print Name: Pha tla Wathame Rostated By-Laws 05/04/04 1{ 5 (268 1403 . : ! L Pat q By EE CORD ps SEMIKOLE ¢0.FLA. DECLARATION OF COVENANTS, CONDITIONS AND RESTAICTIONS, FOR WEKIVA COVE, SECTION ONE KNOW ALL MEN BY THESE PRESENTS, that this Declaration of Covenants, Conditions and Restrictions, made and entered into this THUZD day of MATZCU,1980, by URBAN EXPANSION CORPORATION, a Florida corporation, hereinafter referred to as the Declarant. WITNESSETH: WHEREAS, Declarant is the owner of real property, sometimes hereinafter referred to "Property", situated in Seminole County, Florida and describedas follows: ‘The South 1/2 of the Southwest 1/4 of Section 6, and the North 1/2 of the Northwest 1/4 of Section 7, all in Township 21 South, Range 29 Eatt oss ight-oF-way for Sand Lake Road; consisting of 181 acres, more or less; and WHEREAS, WEKIVA COVE. SECTION ONE, is a portion of the above described real property, and WHEREAS, Declarant desires to create thereon a planned.community with a permanent park, recreational facilities, side walks, walkway, playground, open spaces and other com- munity facilities for the benefit of said community: and WHEREAS, Declarant desires to provi Kol Sb30 Rengure 32750 and health, safety and welfare of the residents; and ae exercising the functions atoresaid; . NOW, THEREFORE, the Declarant declared that the Property described hgcein. is and shall be hold, transferred, sold, conveyed and occupied subject to the covenent, restrictions, easements, charges and liens (sometimes relerred to as igovenants god cegtrictions hergin set'fortie : THIS INSTRUMENT ‘#EPARED ch NAME DADS WARiaS ADDR, FQ Dipwwexe, yee Pericy Feerron. DH 2 WS {or the preservation and enhancement of the property values, amenities and opportunities in said community and for the maintenance of the properties and improvement thereon, and to this end desires to subject the real property herein described to the covenants, restrictions, easements, charges and liens hereinalter sel forth, each and all of which is and are for the benefit of said property and each owner thereof; WHEREAS, Declarant has déemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of owning, maintaining and administering the community property and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created, and promoting the recreation, WHEREAS, Declarant has incorporated under the laws of the State of Florida the WEKIVA COYE-HOMEOWNERS ASSOCIATION, INC. as « non-profit corporation for the purenaegof§e0o0 14u4 | i gen ACE i | FICIAL PEOORD SEMINOLE Cu.FLA. : ARTICLE! DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings: ‘A. “Association” shall mean and refer to the WEKIVA COVE HOMEOWNERS ASSO- CIATION. B. “Declarant” or “Developer” shall be interchangable, and shall mean and refer to URBAN EXPANSION CORPORATION a Florida corporation, its successors or assigns of all of substantially all of its interest in the development of “The Properties.” C. “The Properties” shall mean and refar to all of Wekiva Cove, the legal description of which is as hereinabove sat forth. ‘ D. “Common Areas” shall mean and refer to those areas of land shown on any recorded i subdivision plat of the property intended to be devoted to the common use and enjoyment § of the owners and occupants of the property. E: "Owner" shall mean and refer to the record owner whather one or more persons or entities of the fee or undivided fee interest in any lots or living units situated upon the prop ties but shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceedings in lieu of foreclosure. Provided, however, the term “Owner” shall not mean or refer to any builder who in its normal course of business purchases any lot for the purpose of constructing a living unit thereon for resale but shall mean and refer to those persons or entities who purchase a lot and improvements thereon ‘or alter completion of construction and the developer. F. “Rules and Regulations” shall be the rules and regulations and policies which are in- cluded in this Declaration and as may be adopted by the Board of Directors from time to time by amendment of this Declaration. G, “Lot” shall mean and refer to any plot of land shown on the recorded subdivision plat a of the property with the exception of common property heretofore defined. The word lot shall also include the living unit located thereon when a house has been constructed on the lot. H. “Lake Area” shall mean and refer to that part of the property lying below the mean high water mark of Sand Lake (now known as Lake Wekiva) consisting of 35.7 acres as shown’n survey dated April 19, 1973 and prepared by Melvin E. Ayers, Registered Land Surveyor No, 2003, under file No. 1016-73 of L.F. Henrich Surveyor: |.“Lake License” shall mean and refer to that non-exclusive license hereby granted to the Association for the use and benefit of the owners. The purpose of the Lake License shall be ‘ , 10 provide Ingress and egress to and from the water of Lake Wakiva within the lake area 4 together with the right to use and enjoy such waters for fishing, swimming and un-motorized. boating. J. "General Plan of Development” shall mean and refer to that plan as approved by the appropriate governmental agencies which General Plan of Development shail represent tha {otal general scheme and general uses of the land in the subject property, as such may be amended from time to time, K. “Living Unit" shall mean and refer to any building or portion of a building situated upon the property designated and intended for use and occupancy asa residence by asingle family. L.“Member” shall mean and refer toall those persons who are members of the association ‘as provided in Article Four, Section One hereof. M. "ARB" shall mean and refer to the Architectural Review Board, ae'2n0149U9 FICIAL CORD SEMINOLE co. FLA. ARTICLE It PROPERTY SUBJECT TO THIS DECLARATION Section 1. EXISTING PROPERTY. The real property which Is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, _ Florida, and is more particularly described per recorded plat of Wekiva CovesSertion One, ‘as recorded inPlatBook 23 Pages 8% through "70 _, Public Records of Seminol County, Florida. A planned unit development plan, with respect to the existing property (the PUD plan) has been approved by Seminole County, Florida. Section 2. ADDITIONS TO EXISTING PROPERTY. Subject to the provisions of this (Declaration and the terms and conditions of the PUD plan heretofore approved by Seminole County, Florida, the association or the developer may subject additional land to this De- claration by filing a Supplementary Declaration of Covenants and Restrictions of record. Section 3. GENERAL PROVISION REGARDING ADDITIONS TO THE PROPERTY. ‘Additional land within the area described on Page 1 hereof may be annexed by the Declarant without the consent of the Members, only while there ig @ Class “B” membershi Section 4. PRESERVATION OF VALUE. The real property to be added tg the Properties ; ‘and to become subject to the Declaration shall be developed and platted in such a manner 4 {0 provide for the preservation of the value and amenities of the Properties with reasonable portions of said additional real property set aside for roads, opén space, green belt ar land other common facilities as may be designated on such plats. Section 5. SUPPLEMENTARY DECLARATION. The additions authorized under this ticle shall be made by filing of record a Supplementary Declaration of Covenants, Con- ditions and Restrictions with respect to the additional property which shall extend thescheme of the covenants and restrictions of the Declaration to such property. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, il any, of the added properties and as such are not inconsistent with the scheme ‘of the Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the Properties. Section 6. RIGHT TO COMMON AREAS. No additions shall revoke or diminish the rights of the Owners of the Properties to the utilization of the Common Areas as established here- under except to grant to the Owners of the additions to the Properties being added, the right to use the Common Areas according to the terms and conditions established hereunder. Section 7. MERGERS. The association's Articles of Incorporation shall provide that upon ‘a merger oF consolidation of the association with another association, the association's 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 @ surviving corporation. The.surviving or consolidated association may ad- minister the covenants and restrictions established by this Declaration with the properties together with the covenants and restrictions established upon any other properties held by'the surviving or consolidated association. No such merger or consolidation, however, shall elfect any revocation, change or addition to the covenants established by this Declara- tion within the property except as hereinalter provided. 4$eoo iruye, Puce Situ "econo - ‘SEMINOLE C0. FLA, ARTICLE lit PROPERTY RIGHTS: IN THE COMMON PROPERTIES ‘Section 1. OWNERS’ EASEMENT OF ENJOYMENT. Subject to the provisions of Section 3, ‘every Owner shall have a right and easement of enjoyment in and to the Common Areas and ‘such easement shall be appurtenant to and shall pass with the ttle to avery lot, ‘Section 2. IMPROVEMENTS TO BE PROVIDED BY THE DECLARANT. The Declarant, at its expense, shall davelop and construct for the Association at least the following improve- ments: 2. A park of at least three (3) acres, together with a club house thereon and containing ‘a meoting room with a fireplace, and a game room b. Two (2) tennis courts. ¢. One (1) swimming pool to be located within the pooee! referenced park. d. A docking facility. . 12, Six (6) sailing dinghys.) 1. A pathway system for both bicycle and pedestrian traffic. Section 3. TITLE TO COMMON AREAS. The Declarant may retain the legal title to the Common Areas until such time as it has completed improvements thereon and until such time as, in the opinion of the Declarant, the Associ is able to maintain the same. The De- clarant may convey or turn over certain items of the Common Areas and retain others. To retion, immediately turn over all landscaped beauti- items to the Association upon completion of same. without turning over to the Association certain other Common Areas. Notwithstanding any provision herein to the contrary, the Declarant hereby covenants, for itself, its successors and assigns, that it shall convey all Common Areas located with The Properties when the Declarant has legally conveyed to owners ninety-five (95%) percent of the Lots within the Existing Areas and the Subject Area. Section 4. EXTENT OF MEMBERS’ EASEMENTS. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Declarant and of the Association, in accordance with its Articles and By- laws, to borrow money for the purpose of improving the Common Areas and in aid thereof, to mortgage said properties. In the event of a default upon any such mortgage the lender shall hay ‘ight, after taking possession of such properties, to charge admission and other fees ‘as @ condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment ‘of such properties to a wider public untit the mortgage debt is satisfied whereupon the pos- session of such properties shall be returned to the Assqciation and all rights of the Owners hereunder shall be fully restored; and (b) the right of the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure; and, {c) the right of the Association, as provided in its Articles and By-laws, to suspend the enjoyment right of any Owner for any period during which any assessment remains unpaid, and for any period not to exceed sixty (60) days for any infraction of its published rules and regulations; and, (4) the right of the Association to charge reasonable admission and other fees for the uuse of the Common Areas; and, {@) the right of the Association to dedicate or transfer all or any part of the Common Areas. to any public agency, authority, or utility for such purposes and subject to such conditions may be agreed to by the Owners, provided, however, that no such dedication or transfer, ‘ 1G “1268 1407 Boor ae | OFFIC, : SEMIMOLE co LOD determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Owners entitled to cast two-thirds (2/3) of the voles irrespective of class of Ownership has been recorded, agreeing to such dedication, ransler, gurpose or Condition, and unless written notice of the proposed agreement and action thereunder Is Sent to every Owner at least ninety (90) days in advance of any action taken; and, (0) the rights of Owners of the Association shall in nowise be altered or restricted because of the location of the Common Areas in a section of Wekiva Cove Subdivision in which such Gwner is not a resident. Common Area belonging to the Association shall sesut in ownership. {use entitlement, notwithstanding the section in which the Lot is acquired. Section §. DELEGATION OF USE. Any Owner may delegate, in accordance with the By- Hie tang fant of enloyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Property. i ARTICLE IV MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. MEMBERSHIP. Every porson or entity who is arecord owner of a fe or undivided {20 interest in any Lot which is subject by covenants of records to assessment by the Aseone ation shall be & Member of the Association, provided that any such person or entily who fold $4uch interest merely as a security for the performance of any obligation shalinot bea Member. The requirement of membership shall not apply to any mortgages or third person until snc mortgages or third parson shall have acquired title pursuant to foreclosure or pursuant to SnY Proceeding In isu of foreclosure. Membership shall be appurtenant to and may not be ‘separated from ownership of any Lot which is subject to assessment. Section 2. VOTING RIGHTS. The 8 sh Lot in which they hold the interests roquired for membership by Section |, When more than one person hola, {uch Interest or intorosts in any Lot, all such persons shall be mombers, and the vote for such, Lot shall be exercised as they among themselves determine, but in no event shall more then one vole be cast with respect to any such Lot, Cla 8 mombers shall be the\Qeclarant. The Class B Membershall be entitled to {our (4) Votes for €aéh Lot in which it holds theinterest required for membership by Section | Provided thal the Class 8 membership shall ceaSeand bacome converted to Citas Amember. Snip when the tolaroles outstanding in the Class Axembership equals the tot votes oul. standing in tne Clas mbership, at which time the Glass B membership shall se deters mined to be a Class A membarship and entitled to vote January 1, 1984, whidgever ‘event shall first occu 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 26 ox, Presses in any such deed or other conveyance, hereby covenants and agrees 10 pay lo tho Association: (1) annual assessments to be tixed, established, and collected from lime ts inital ae nereinalter provided: (2) special assessments for capital improvements: and (3) inital assessments, such assessments 10 be fixed, established, and collected from time cy time and hereinalter provided. The annual and special assessments, togethar with sucoc yy riew i wk. PAGE fics nEGON GEMINOLE CO.FLA, interest thereon and costs of collection thereot as hereinafter provided shall be a charge ‘on the land and shall be a continuing lien upon the property against which each such assess- ment is made, Each such assessment, together with such Interest thereon and cost of col- fection thereof as hereinatter provided, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to hjs successor In title unless expressly assumed by the said successor. Provided, however, the Declarant shall not be required 10 pay the original, annual, or special assessments for any, Lats which it owns. Section 2. PURPOSE OF ASSESSMENTS. The assassments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in The Properties and in particular for the improvement and main- tenance of properties, services, and facilities which have been constructed, installed or furnished or may subsequently be constructed, installed, or furnished, which are devoted to the purpose and related to the use and enjoyment for the Common Properties and of the homes situated upon The Properties, including, but not limited to: ‘8. Payment of operating expenses of said Association; b. Lighting, improvement and beautification of access way the acquisition, maintenance, repair and replacement of directional markers and signs and tratlic control devices, and costs of controlling and regulating traffic on the access way ‘c. Maintenance, improvement and operation of drainage easements and system; d, Management, maintenance, improvement and beautification of parks, lakes, ponds, butler strips, and recreation areas and facilities; @. Garbage collection and trash and rubbish remoyal but only when and to the extent specitically authorized by said Association; t. Providing police protection, night watchmen, guard and gate services; {g. Repayment of deficits previously incurred by the Association, if any, in making capital improvements to or upon the Common Properties, and/or in furnishing the services and facilities provided herein to or for the owners and members of the Association, fh. Doing any other thing necessary or desirable in the judgment of said Association, to keep the subdivision neat and attractive or to preserve or enhance the value of the properties therein, or to eliminate fire, health or safety hazards, of, which in the judgment of the said ‘Association, may be of general benefit to the owners of occupants of lands included in the subdivision; i |. Repayment of funds, and interest thereon, which have been or may be borrowed by the Association for any of the aforesaid purposes. Section 3. ORIGINAL AND ANNUAL ASSESSMENTS, a. ORIGINAL ASSESSMENT. The original assessment shall be Three Hundred Dollars (8300.00) per Lot (to be paid by the homeowner at the time of closing on each home). The Declarant, until the time the Association is activated, may use any part or allol said sum for the purposes sel forth in the hereinabove contained Section 2 of this Article. The Declarant shall account to the Association for any sums so expended and shall deliver to the Association the balance of any funds upon activation of the Association, b. ANNUAL ASSESSMENT. During the year 1960, the annual assessment shall be Two Hundred Dollars ($200.00) per Lot. ¢, CHANGES IN INITIAL AMOUNT. On or after January 1, 1981 the annual assessmont may be increased or decreased by the Board of Directors of the Association after considering(coo 1suea FAO GF: «+ "htona SEMINOLE CO.FLA, current maintenance costs and future needs of the Association, provided, however, that the ‘annual assessment for each Living Unit may not be decreased when outstanding obligations remain unpaid. AYMENT. Each annual assessment shall be payable semiannually i January 1 and July 1 and shall become delinquent if not paid within 15 days of the respective ‘due date thereof, Until the Association is activated, all payments shall be made directly to the Declarant for use as provided in this Article. Thereafter, such payments shall be made to the Association or such party as the Association may designate in writing. ¢. CERTIFICATE OF PAYMENT. Upon demand, the Association shall furnish acertificate In writing signed by an officer of the Association to any Owner liable for an assessment. The certificate shall state whether said assessment has boon paid and shall be conclusive evidence ‘of payment of any assessment therein stated to have been paid. Section 4. SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS. In addition to the ‘annual assessment authorized above, the Association may levy, in any assessment year, a ‘special assessment applicable to that year only for the purpose.of defraying, In whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improve- ment upon the Common Area, including fixtugas and personal property related thereto, provided that any such assessment shall have the(assent of fifty-one (51%) percent of the votes ‘Section 5. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3.and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to ali Members not less than thirty (30) days nor more than sixty (60) days in advance of the meting. At the first such meeting called, the presence of Members or xies enti ercent of all the ct \embership shall constitute a quorum. If the required quarum is not. hall be called subject to the same notice requirement, and uorum at the sub- juent meoting shall be one-hall (¥4) of the required quorum at the preces ing. NO such subsequent meeting shall be held more than sixly (60) days following the preceding meating. i 7 Section 6. UNIFORM RATE OF ASSESSMENT. Both annual and spacial assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shail fix the amount of the annual assessment against each Lot at thirty (30) days In advance of each annual assessment period. Written notice of th assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, turnish a certificate signed by an officer of the Association setting forth whether the assess- menis on a speciliced Lot’have been paid. Notwithstanding any of the provisions of this Declaration, the Articles or the By-laws, the Declarant shall be entitled, at its discretion, to ay the operating deficit of the Association rather than be assessed for annual or special assessments with respect to Lots owned by it. This election by the Declarant may be made atany time and may be oral or in writing. The election shall be fora period of time from assess- ‘ment period to assessment period and may be renewed or cancelled at the discretion of De- clarant. The operating deficit shall be the expenses incurred by the Association in excess of ‘the amounts charged for expanses to Lot owners other than the Declarant. The Declarantshall abemedetaen ts aeuvitiy. 00K Pace FICIAL RECORD ‘SEMINOLE CO. FLA. ‘also have the option, if it so elects, either orally or in writing, to provide services and/or materials and receive credit for the value of same toward any assessment due {rom it, rather than paying such assessment totally in cash. ‘Section 8, EFFECT ON NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSO- CIATION. If an assessment is not paid within fifteen (15) days after the due date, a late fee of ‘Twenty-Five ($25.00) dollars shall be charged. In addition, any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten (10%) percent.per annum. The Association may bring action at law against the Owner personally ‘obligated to pay the same, or foreclose the lien against the property. In either event, the non- paying Owner shall pay for the cost of bringing the suit, including reasonable attorney's foes therefore. No Owner may waive or otherwise escape liability for the assessments provided for herain by non-use of the Common Area or abandonment of his Li The lien shall be evidenced by an instrument executed by the Association and recorded in the Public Records of Seminole County, Florida, and shall be enforced in the same manner a3 Is provided for by law for the enforcement of mechanic's and materiaimen's liens. Section 9. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage recorded prior to. ‘the time of recording the claim of lien by the Association. Sale or transfer of any Lot shall ot affect the assessment lion. Howaver, the sale or transfer of any Lot pursuant to mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of such assessment {a8 to payments which became due prior to such sale or transfer, No sale or transfer shall felieve such Lot (rom liability for any assessments thergafter becoming due or from the lien thereof. 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 authority and devoted to public use; (b) all Common Areas as defined In Article|, Section D, hereof; (c) all properties 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 dwalling uso shall be exempt from said assessments, charges or lions. \ ARTICLE VI ARCHITECTURAL REVIEW BOARD The Declarant, upon the recording of the Plat of Wekiva Cove, Section 1, shall immediately form a committee known as the “Architectural Review Board", sometimes hereinafter ro- ferred to as “ARB”, which shall function as follows: Section 1. COMPOSITION. The original composition of the ARB shall consist of five (5) Persons designated by the Declarant, which may include an architect selected by the De- Clarant. The ARB shall maintain this composition until the Association has been activated. 1 activation of the Association, the ARB shall be appointed by the Board of Directors, yn-and shall serve at the pleasure of said Board. Provided, however, that in its selection, the Board of Di jactars of the Association shall be obligated to appoint the De-_ ‘clarant or his designated representative to such Board for so long as Declarant awnsany Lats in Tha Propattins or has nol complated the Genoral Plan of Development for the entire araa funad by Declarant. The Board ol Ditecios shal alsa-be obligated toa (homeowner of fhe Association to the ARB. Neither the Association, the Board of Directors Of said Association, 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 sé five (5) jorum of the ARB -No decision of the ARB shall be bine ‘a quorum present and a 2/3, 3/4, or 3/5 affirmative voto B ersleonora " * 00K EGE rr, GFricL i” REGOR GEMINOLE CO. FLA, Section 2, PLANNING CRITERIA. In accordance with the duties of the ARB as set forth in this Declaration, the ARB has promulgated “PLANNING CRITERIA", a copy of which Is attached hereto as Exhibit “A”. Section 3. DUTIES. The ARB shall have the following duties and powers: to amend from time to time the Planning Criteria. Any amendments shall be forth in writing and be made known to all Members and toall prospective Members of the Association. Any amendment shall be subject to final approval by the Association. Any amendment shall Include any and all matters considered appropriate by the ARG not inconsistent with the Provisions of this Declaration; 7 'b. to approve all building, fences, walls or other structures which shall be commenced, erected or maintained upon The Propertit \d to approve any exterior additions to or changes or alterations therein. For any of the above, the ARB shail be furnished plans and ‘specifications showing the nature, type, shape, height, materials, and location of the same and shail 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,” d. to require to be submitted to it for approval any samples of building ma or any other data or information nacessary to reach its decision; ¢. each builder is required to submit two (2) sets of plans, one for the Architectural Review Board and the other one for the builder and/or financial institution, Section 4. ENFORCEMENT. 4. In addition to the other duties set forth above, the ARB, along with the Declarant and/or the Board of Directors of the Association shall have the right and obligation to enforce the Provisions hereof relating to the Planning Criteria, as amended from time to time by the ARB ‘or the Association. Should any Owner fall to comply with the requirements hereof, or of the i Planning Criteria after thirty (30) days written notice, the ARB, the Declarant, and/or the Board of Directors of the Association shall have the right to enter upon the Lot, make such corrections or modifications as are necessary, or remove anything in violation of the pro- visions hereof or the Planning Criteria, and charge the cost thereof to the Owner. Should the ‘ARB, the Declarant, and/or the Board of Directors be required to enforce the provisions hereo! by legal action, the reasonable attorney's fees-and costs incurred, whether or not judicial i proceedings are involved, including the attorney's fees and costs incurred on appeal of such Judicial proceedings, shail be collectible from the Owner. The ARB, the Declarant and the Board of Directors of the Association, or its agents or employees, shall not be liable to the Owner for any damages or injury to the property or person of the Owners unless caused by egligent action of the ARB, the Declarant or the -Board of. Directors. b. In addition to the ARB, the Association shall have the authority, from time to time to include within the promulgated residential planning criteria other restrictions, or amendments to existing restrictions, ragarding such matters as prohibitions against window alf-condition- tng units, for-sale signs, mailboxes, temporary structures, nuisances, garbage and trash id repair, removal of trees, quiters, easemi swimming poots,-sight distance al Intarsections, wliity connections and television antannas, tial planning criteria promulgated by the ARB. However, once the ARB promulgates cortain restrictions, they shall become binding and shail be given the same force and effect as the, featrictions sat forth herein until the ARB modifies, changes or promulgates new restriction ‘or the Association modifies or changes restrictions set forth by the ARB,Pevvinie, ; i | Wh Ss ICAL EG SEMINOLE CO. FLA, ARTICLE Vit ‘ EXTERIOR MAINTENANCE Section 1. EXTERIOR MAINTENANCE. In addition to maintenance upon the Common ‘Areas, the Association shall have the right to provide exterior maintenance upon any vacant Lot or upon any improved Lot, subject, however, 1o the following provisions. Prior to perform- ing maintenance on vacant Lot or a home, the Association shall determine that said properly is In need of repair or maintenance and Is detracting from the overall appearance of The Properties. Prior to commencement of any maintenance work on a Lot, the Association ‘must {urnish thirty (30) days prior written notice to the owner at the last address listed in the Association's records for said owner, notifying the owner that unless certain specified repairs or maintenance are made, within said thirty (30) day period, the Association shall make said necessary repairs and charge same to the owner. Upon the failure of the owner to act in sald period of time, the Association shall have the right to enter in'or upon any such Lot or to hire personnel to do so to make such necessary repairg or maintenance as is 80 ‘specified In the above written notice. In this connection the Association shall have the right 10 paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, ‘trees, shrubs, grass, walks and other exterior improvements. Section 2. ASSESSMENT OF COST. The cost of such exterior maintenance shall be ‘assessed against the Lot upon which such maintenance is done and shall be added to and }ecome part of the annual maintenance assessment or charge to which such Lot is subject under Article V hereof and, as part of such annual assessment or charge, it shall be a lien and obligation of the owner and shall become due and payable in all respects'as provided In Article V hereot. Provided that the Board of Directors of the Association, when establishing the annual assessment against each Lot for any assessment year as required under Article V hereof, may add thereto the estimated cost of the exterior maintenance for that year but shall, thereafter, make such adjustment with the owner as Is necessary to feflect the actual cost thereof, ARTICLE Vilt RESTRICTIVE COVENANTS The Subject Property, known as Wekiva Cove, Section 1, shail be subject to the following restrictions, reservations and conditions, which shall be binding upon the Declarant 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, as follows: Section 1. LAND USE. No Lot shall be used except for residential purposes. No structures shall be erected, altored, placed or permitted to remain on any residential Lot within the ‘subdivison other than one dotached single-family dwelling and private garage and accessory buildings and structures such as swimming pools, screened enclosures and patios. Provided however, that notwithstanding any language to the contrary herein, nothing shall preclude, the Declarant or its agent from maintaining offices for the purposes of promoting the sale of a Lots and residential structures within the property which includes access and use by any . fequired sales personnel and any allendant personnel required to be present to facilitate “4 such sales, 7 Section 2. DWELLING SIZE AND RESTRICTION. No single-family residence shall be con- a structed on any Lot in Wekiva Cove, Section 1, with a living area which is less than One Thou- 4 sand Six Hundred (1,600) square feet, which living area in each case shall have finished walls, ceiling and floor, shall be insulated and centrally heated. An air-conditioning system is optional; provided, however, that if this option is exercised, said air-conditioning shall be by @ central system. The floor space within the garage, breezeway, porch, or unfinished ‘storage of utility room shall not be included within the living area for the purpose of determin- ing the minimum allowable area. ae 10goo its i Face GFF 3 "Recono ‘SEMINOLE CC. FLA, Section 3, BUILDING LOCATION. . Front yards with sidewalks in rear shall not beless than twenty (20) feetin depth measured from the front property line to the front of any building structure. b, Rear yards with sidewalks in rear shall not be legs than thirty-five (85) feet in depth ‘measured from the rear property line to the rear of any/building structure, exclusive of poo! or patio. ¢. Sige yards shall be provided on each side of every dwelling structure of not less than. ven and one-hall (7%) feet from side lot lines, except on a corner lot where set backs from all streets or roads shall be a minimum of twenty-five (25) feet on the frontand twenty-five (25) feet on the side. ' : Section 4. GARAGES. No carports shall be permitted. A garage designed for at least two cars shall be required. The interior of all garages shall be at least twenty (20) feet wide and twonty (20) feat in length. There shall be a sarvice door from the garage to the outside in ‘addition to the main garage door or doors. Garage doors must be equipped with an electric door operator. All garage doors shall be of wood or metal construction with a stained or Painted finish in harmony with the exterior scheme. Metal doors shall be of raised panel or ‘molded rail and shall bo subject to approval of the ARB. Garages shall be maintained as ‘Garages and shall not be converted to other uses. Section 5. TEMPORARY STRUCTURES. No structure of a temporary character, including 4 trailer, basement, tent, shack, garage, barn or other such building shall be placed upon the lots at any time; provided, however, that this prohibition shail not apply to shelters used by the contractors or Declarant during the construction of the main dwelling houses, it being clearly understood that these temporary shelters may not, at any time, be used as residences F permitted to remain on the lots after completion of construction. Free-standing, detached oF portable utility or storage buildings are specifically prohibited, ‘ Section 6. ANIMALS, BIRDS, AND FOWLS. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot or in any Living Unit, except that a reasonable number dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. In the event of dispute as to the reasonability of the number of cats, dogs, or household pets kept upon The Properties, the decision and opinion of the ARB shall control, Section 7. MOTOR DRIVEN BOATS. No motor driven boat shall be allowed on Lake Wekiva except as may be required for maintenance, cleaning or surveillance and protection, Section 8. ANTENNAE, No outside or rooftop antennae may be installed, Section 8. LANDSCAPING. All landscaping shall be completed with respect to any Living Unit constructed upon any Lot at, or prior to, issuance of a Certificate of Occupancy by Seminole County, Florid Section 10. ARB. The ARB shall have the authority, as hereinabove to time.to include within its pramulgated residential garding s xpressed, from time other restrictions idonliar planning 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ol "oon "Gehinoce ov.ftk ‘Association modifies or changes restrictions set forth by the ARB. Section 11. ARB/ASSOCIATION. The Association shall have the same rights as set forth in Section 10, immediately preceding. ARTICLE IX AMENDEMENT BY DECLARANT The Declarant reserves and shall have the sole right (a) to amend these covenants and restrictions for the purpose of curing any ambiguity in or any Inconsistency between the provisions contained herein, (b) to include in any contract or deed or other Instrument here- after made any additional covenants and restrictions applicable to The Property which do ‘not lower the standards of the covenants and restrictions herein contained, and (c) to release ‘any Lot from any part of the covenants and restrictions which have been violated (including, without limiting the foregoing, violations of building restriction lines and provisions hereot ‘elating thereto) if the Declarant, in its sole weg determings such violation to be a minor or insubstantial violation. ARTICLE X ADDITIONAL COVENANTS AND RESTRICTIONS No Owner, without the prior written approval of the Declarant, may Impose any additional ‘covenants or restrictions on any part of The Property. ARTICLE Xt AMENDMENT Except as to provisions relating to amendments as set forth herein regarding certain ‘specific items and the method of amending or altering same, which is set forth in connection with such particular item, any other provisions, covenants, or restrictions set forth herein may be amended in accordance with this provision. The Owners of at least two-thirds (2/3) ol.the Lots and-Liv lng Units may change or amend any provision hereof, except as-abave ‘nentloned. In whole or in pact, by executing «writen insinunent in senordable form seling avin ;ecorded in the Pul Got frie en ene yang haan A a ‘Association, of by petition signed hy fitte percent of the then Owners, A writtep_ WI it. Said nolification shall contain the time and place of said mesting. The idment shall contain a recitation that sufficient notice was given as above at seta a won shal be eonciusive as to al parties and al parties oF any nature hall have full tation in such recorded amendment. ARTICLE XII DURATION The covenants, restrictions and provisions of this Declaration shall run with and bind the land anid shall inure to the benefit of the Owners, the Declarant, and their respective legal representatives, heirs, successors and assigns until amended,moditied or terminated according to the terms of Article XI hereinabove set forth. These covenants, provisions ‘and restrictions may be terminated in the same manner get forth for amendments in Article XI, ARTICLE XIII ENFORCEABILITY, Section 1. If any person, firm or corporation, or other entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for tha Declarant, an individual Owner, 4 Or the Association (a) to prosecute proceedings for the recovery of damages against those a 12zl 7 reo ale 4 . | Ribu} Recono HEWINOLE CO. FLA. 80 violating or attempting to violate any such covenants or restrictions, or (b) to maintain a proceeding in any court of competent jurisdiction against those so violating or attempting to violate any such covenants or restrictions, or (c) to maintain a proceeding In any court of ‘competent jurisdiction against those 60 violating oF attempting to violate any such covenant Gr restrictions, for the purpose of preventing or enjoining all or any such violations or fttempted violations. Should the Declarant, an individup! Owner, and/or the Association be Tequired to enforce the provisions hereof by legal action, the reasonable attorney's fees and Costs Incurred, whether or not judicial proceedings are involved, including the attorney's feos and costs incurred on appeal of such judicial proceedings, shall be collectible {rom the party against which enforcement is sought. The remedies contained in this provision shall be construed as cumulative ot all other remedies now or hereatter provided by law. The failure of the Declarant, its successors or assigns, any individual Owner, or the Association, to enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in nd-avent be deemed a waiver ot 2 thereaftar as i of other breach or violation. thereal_accurting-prlorto-or-subsequent thereto ‘Section 2. The invalidation of any provision or provisions of the covenants and restrictions set forth herein by judgment or court order shail not affect or modify any of the other pro- visions of said covenants and restrictions which shall remain in full force and effect, Section 3. 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 record of the Association at the time of such mailing. 3- Soon ae : gon PAGE” FICIAL RECORD SEMINOLE CO.FLA, as IN WITNESS WHEROF, the Declarant, URBAN EXPANSION CORPORATION, has . caused this instrument to be executed by its duly authorized officers and its corporate seal to ‘be hereunto affixed as of the day and year first above written. URBAN.EXPANSION CORPORATION Sioned, ease ana culveres Inte pravonce ot State of Florida County of Seminole ies a BEFORE ME, personally appeared Kenneth W. Hunnam and Louise A. Ward to me well known and known to me to be the Vice-President and Assistant Secretary respectively of URBAN EXPANSION CORPORATION and who executed the foregoing instrument and ack- nowledged before me that they executed the same on behalf of tha corporation for the purpose therein expressed. My nin Ei i 38,I EXHIBIT “A” ARCHITECTURAL REVIEW BOARD PLANNING CRITERIA the Declaration of Covenants, Conditions and Restrictions for WEKIVA COVE, ‘Section 1, as recorded in Official Records Book + Page «of the Public Records of Seminole County, Florida, provides that the Declarant form a committee to be known as the Architectural Review Board, hereinafter referred to as the “ARB”; and WHEREAS, tt bove referenced Declaration of Covenants, Conditions and Restrictions provides that said committee shall promulgate from time to time residential planning criteria for The Properties, which criteria to be set forth in writing and made known to all owners and to all prospective owners of the WEKIVA COVE HOMEOWNERS’ ASSOCIATION; NOW, THEREFORE, the Declarant has appointed a committee to be known as the ARB, and in’ accordance with the duties and obligations imposed upon said committee by the Declaration of Covenants, Conditions and Restrictions, the ARB does hereby promuigat the following residential planning criteria, which cri all be subject to the final approval of WEKIVA COVE HOMEOWNERS’ ASSOCIATION: . 1, BUILDING TYPE. No building shail be erected, altered, placed, or Permitted to remain ‘on any Lot other than one detached single family dwelling not to exceed thirty-five (35) feet in height, a private and closed garage for not less than two nor mare than four cars, and the ‘storage room or tool room altached to the ground floor of such garage, Unless approved by the ARB as to use, location and architectural design, no garage, tool or storage room may be constructed separate and apart from the residential dwelling, nor can any of the afore- mentioned structures be constructed prior to the main residential dwelling. 2, ROOFS. Flat roofs shall not be permitted unless approved by the ARB. Such areas where flat roots may be permitted are Florida room, porches and patios. There shall be no. flat roots ‘on the entire main body of a home. The ARB shall have discretion to approve such roofs on part of the main body of a home, particularly if modern or contemporary in design. No built up roofs shail be permitted, except on approved flat surfaces. Roo! pitch shall be minimum 5:12 and shall be of approved materials as specified in the Wekiva Cove Environmental Control Standards. No tar and gravel roof shall be set nangle oF pitch. Asphalt roof shingles shail be a minimum of 236 Ib. or better. 3, DRIVEWAY CONSTRUCTION. All dwellings shall have a paved driveway of stable and permanent construction of at least sixteen (16) feet in width at the entrance to the garage. il the following specifications: minimum-ot-six-inches of compacted-clay,four-inches of compacted lime rac! ‘Riacktop.asphalt. Where 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 to be acceptable to the ARB. ‘Section 4. SIGNS. No sign of any kind shail be displayed to the public view on any lotexcept ‘one identification sign of not more than two (2) square feet in size or one temporary real ‘estate sign of not more than five (5) square feet in area. No commercial flags, pennants or other such devices shall be allowed; provided, however, that this festriction shall not ‘be appli- cable to the Daclarant or its assigns. Section 5. GAMES AND PLAY STRUCTURES. All basketball backhoards and any other mes end play structures 3 ar of the dwellin inside ponion of the corner lots within the ick lines, Treehouse or platforms of a like. kind of nature shall not be constructed on any part of the lot. Section 6. FENCES AND WALLS. Composition, location and height of any fence or wall to be constructed on any lot shall be subject to tha approval of the ARB. The “finished” side Exhibit Page 1ar | Vibe of any euch fence or wall approved and constructed shall face to the outside of the lot, so as to be visible as viewed from the properties surrounding the lot upon which same is ‘constructed. Section 7. SWIMMING POOLS. Any swimming poo! to be constructed on any lot shall be aubject to requirements of the ARB, which include, but are not limited to the following: , Composition to be of material thoroughly tested and accepted by the industry for such construction. b. Thie outside edge of any poo! wall may not be closgr than four (4) feet to line ‘and aligned with the side walls of the house. ¢. No acreening of pool area may stand beyond a ling extended and aligned with the side walls of the house unless approved by the ARB. 4d. Pool screening may not be visible from the street jn front of the dwelling. 8. Pool enclosure shall be fabricated from bronze or, brown E.S.P., (Electro-Static Paint) finish and all root framing shall be A-frame or dome configuration. No mil finish aluminum Is allowed nor any plastic or similar coverings. Insact gcreening shall be 20/20 gauge groy or brown tint. Section 8. SERVICE YARD STORAGE RECEPTACLES. There shall be a structural enclosure of at least thirty-six (36) inches in height for the placement of all trash and garbage cans; provided however, that the owner of any Lot may elect to cause the placement of all trash and garbage cans underground instead of building the hereinbefore mentioned structural enclosure. All exterior pumps, motors, air-conditioning compressors, storage tanks and other mechanical features shall be screened from view either by a decorative struc+ ture thirty-six (36) inches in height or mature landscaping materials capable of obstructing the view from the street. Fuel tanks or similar storage receptacles may be installed only within tha main dwelling house, within the accessory building, within the screened area required herein, or buried underground. Additionally, clothestinas are prohibited outside unless they are likewise screened {rom view from any adjacent property. Section 8. TEMPORARY STRUCTURES. No structure of @ temporary character, trailer, basement, tent, shack, garage, barn, or other aut building shall be used on any lot at any time a8 a residence either temporarily or permanently, except that a lot may be used as a sales office during the development of WEKIVA COVE or other developments by Urban Expansion Corporation, in the same area. Section 10. CLOTHESLINES. All clothestines shall be placed at the rear of and within the area encompassed by a rearward extension of the side lines of said dwelling. Section 11, WINDOWS. No stes! or mill finish aluminum casement windows shall be permitted. Section 12. 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 twenty (20) feot 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, Section 13. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub Planting which obstructs sight lines and elevations between two and six feet above the road- ways 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 twenty-five (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 gight-line limitations shall'apply on any lot within ten foot from the intersection of a street property line with the edge of a driveway or alloy Fae "REGOHO : cU.TLAL . Exhibit Page 2bet vite Bile, | Retono pavement. No trees shall be permitted to remain within auc Hltfdricél di duch intersections ‘unless the foliage line is maintained at sufficient height {o prevent obstruction af such sight- Ain Section 14. UTILITY CONNECTIONS. All house connections for all utilities Including, but not limited to, water, sewerage, electricity, tetephone and television shall be run underground from the proper connecting points to the, dwelling structure In such manner to be acceptable to the governing utility authority. ‘Section 15. CHIMNEY STACKS. Chimney stack encasement and trim shall be of approved materials to form an integral component of 1 ling design. Section 16. SCREEN PORCHES. No screen porches are permitted framed with mill finish aluminum and root coverings should be an extension of the main structure roo! of matching Ninian. Section 17, EXTERIOR ELEVATIONS. Exterior elevations shall be ‘subject to approval by the committee. No exposed concrete block is permitted. y Section 18. WATER AND SEWAGE FACILITIES. No individual water supply system or individual sewage disposal system shall be permitted on any Lot without the approval of the ARB. The above does not restrict the right of an owner to install, operate and maintain a water ‘well on the premises for use only for swimming Pools, Irrigation, pr heating and air- Conditioning. ? Section 19. ENVIRONMENTAL CONTROL STANDARD BROCHURE. The brochure | entitled “Environmental Contro! Standards” sets forth the standards which wilt ge be followed by the ARB. Section 20. BUILDING MATERIALS. Only finished materials such as brick, stucco, native ‘stone and wood shall be used for the exterior surfaces pt building. Section 21. MAILBOXES, All mailboxes shall be set ina Position at the height convenient to the delivery of mail by post office motor vehicle. Mailbox Post and structures shal) be of cai or cypress stained:to @ suitable shade. Variation and design is encouragdd as suggested in the booklet of Environmental Control Standards. No ‘metal mailboxes or Btructures are permitted in Wekiva Cove, The commit planning crteri Exhibit Page 3No, soup angwonewr 10 pecuasarloy op |699 971 } COVENANTS, CONDITIONS AND RESTRICTIONS slsiCL= C0. FL. POR WeKrVA cove KNOW ALL MBN BY THESE PRESENTS, that this Second amendment to the Declaration of covenants, Conditions ana Restcictions foc Wekiva Cove, was made on this 2! day of kcémun 1985, by WEKIVA COVE HOMEOWNERS ASSOCIATION, INC.,-a Florida Corporstion not-for-profit. Sra eC RNS WITNESSETH . WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Wekiva Cove (hereinafter referred to as "the Declaration") was recorded on March 3, 1980 tn Official Records Book 1268 at Page 1403, and amended by the Amendment to Declaration recorded on March 27, 1985 at Official Records Book 1625, Page 1753, of the Public Records of Seminole County, Florida; and ~ | WHEREAS, the Declaration provides, in Article x1 thereot, that the Declaration may be amended upon a two-thirds (2/3) vote Of the Owners of Wekiva Cove, and : WHEREAS, two-thirds (2/3) of the Owners of Wekiva Cove have voted to amend the Declaration, as provided hereinbelow. NOW, THEREFORE, the Declaration, as amended, shall be and is hereby further modified and anended'as follows: ARTICLE I, DEFINITIONS, is amended by amending the definitions sét forth hereinbelow to read as follows: i D. "Common Areas" shall mean and refer to those areas of land shown on any recorded subdivision plat of The Propertics, and any other areas of land located within The Properties, which shall be conveyed to the Association, which areas ace intended to be devoted to the common use and enjoyment of the Ovnersy Provided, said term shall not be deemed or construed to mean oF Eefer to the common elenents of any portion of The Properties which may be submitted to the condominium form of omuseship, which areas are intended to be maintained by and used and enjoyed only by those Ovners who own. a unit within said condominium, Se SBR ata en sas G. _ "Lot* shall mean and refer to any plot of Land shown on a recorded subdivision plat of The Properties which is intended to be developed and occupied as a single Camily residence. Provided, in the event any portion of The Properties shali be Submitted to the condominium form of ownership under the laws of the state of Florida, the term *Lot" shall also mean and refer £0 any condominium unit’ located within said Condominium. The teem "Lot" shall also include the Living Unit located thereon when a residence has been constructed on the Lot. ARTICLE 11, PROPERTY syUJECr PO THIS DECHARA: by sitending the-sections set forth fereiabelow to follow: | mM, is amended ead as Section 3. GENERAL PROVISION REGARDING ADDETTONS TO viK: PROPERTY. Additional land within The Properties as described on Page 1 of the Declaration way be ainexed by the Declarant, ex by. the ownec or owners of said land, without the consent of the Members any tine prior to January 1, 1986, and any Supplenentacy Declaration recorded prior to said date shall be deemed effective | to accomplish such annexation. ‘Thereatter, such additional land |p may be annexed only with the consent of at least two-thirds (2/3) © Of the Members, which shall be treated as an amendment of this Declaration under the teras of Article XI hereof. Reed MMOLE, 1 ihe Coty ' BBB: 1875AMDa~5 Lust vaiedsty Bs aitand, Hard 224sy «ARTICLE ¥, ca ctumy FoR warwrounNce agsebommvts, 12 amended By, amanding tha beat ona net ose nee Tae Ie eoulowes Section 3, ORIGINAL AND ANKUAL AdsEssuENTS. 2 wanQRIGHNL ASSESSMENT. the original assessment shatt ve ff Begs wundeed poliara ($300-00) ‘pec Lots wnsok ehadl be ead Be (achnew Oanet/st the ine of e1eeinee then tah Shall be’ Bs purchase or acquire a Lot and Living Unit. located within The Broperties, 09 5a $126 Section 8. EFFECT ON NON-PAYMENT OF ASSESSMENTS: RoMEDIES GP THB ASSOCIATION. Tf an assessment is not paid within tittecs (15) days after the due date, the association shall have the Fight to charge a reasonable late fee, as may be set by the Board of Directors from time to time. In addition, any asscuomect gon paid within thirty (30) days after the due date shall hese interest from the due date at the rate of fitteen percent (158) Per annum. ‘The Association shall also have the tight to collent from the delinguent Owner all expenses it shall incur, including geasonable attorneys' fees, in attempting to collect, gush Selinguent assessments, including but not limited to the Preparation of claims of lien or satistactions of such liens, ‘The Association may bring an action at law against the ounce Personally obligated to pay sane, and/or foreclose the lien Against the property. In either event, the non-psying owner shall pay for the cost of bringing the suit, inclodiny cessonable attorneys’ fees therefore. No Owner may waive or otlorwice escape lability for the assessments provided for herein Ly non use Of the Common Area or abandonment of his Lot, The Len shall be evidenced by an instcusent executed by the Association and recorded in the Public Records of seninole County, Florida, and shall be enforced in the soue manvec as is provided by law for the enfoccement of mechanic's ana materialmen's Liens. ARTICLE VIII, RESTRICTIVE COVENANTS, is amended by amending the ‘sections set forth hereinbelow to read as follows, The Existing Property, known as Wekiva Cove, Section 1 as described in Article II hereof, as well as any Additions to che Existing Property which may be subjected to the terms, conditions and restrictions of the Declaration as provided in article ty heteof, ‘shall be subject to the following restrictions, reservations and conditions, which shall be binding upon the Declarant and upon each and every Owner who shall acquire hereafter a Lot or any portion of The Properties, and shall be binding upon their respective heirs, personal representatives, successors and assigns, as follows: Section 1. LAND USE. No Lot shall be used except for residential purposes. No structures shall be erected altered, Placed or permitted to remain on any residential Lot within the Subdivision other than one single-€amily duelling and private garage and accessory buildings and structures such as Suimning Pools, screened enclosures and patios. Provided, however, Ghat Rotwithstanding any language to the contrary herein, nothing shall preclude the declarant or its agent from maintaining offices for the purposes of promoting the sale of Lots aml residential structures within the property whiem includes access and use by any required ealar persomiel and any acconiene Personnel required to be present to facilitate such sales. Section 2. OWELLING SIZE AND RESTRICTION. No sinyle-fasily, @etached residence shall be constructed on any uot with a lieing grea which is less than One Thousand Six tlundted (1*600) square feet. No patio home (or pool villa) residence shall be Gonstcucted on any Lot with a living area which is Less than One Thousand Five Hundred (1,500) squace feet, and no condominion unit shall be constructed on The Properties with a living avea BB: 1875aNDa-5 569Yhich tg ese tua One thousand One tundced! (1,100) square feet, “Such Iiving area. tn each case ohall have eraished galls, Geiting and floors shail be"ineulatea ead conteatin nreeed Rs Sie-conaltioning system to optional peoviaear torewnes that. Of thio "option ie execoisea, sola aieacohsi tisethg’ onal be hata Gentcalsysten. the floor apace within the’ govoghs bree retan, Porch, of unfintahed storage’ or utility Seon %anedy nok os Treluded within the Living’acea for the purpose of eter ining the miniaum allowable ares. Section 3. BUILDING LOCATION. "1409 370N35 A, Single Family Detached Residences. . . Front yards with sidewalks in rear shall not be less than twenty (20) feet in depth measured fron the front Property line to the front of any building structure, b. Rear yards with sidewalks in rear shall not se less than thirty (30) feet in depth measured Erom the rear property Line to the rear of any building structure, exclusive of pool or patio. ©. Side yards shall be provided on each side of every Gwelling structure of not less than seven and one-half (7-1/2) feet from side lot lines, except on a corner lot where sct backs from all streets or roads shall be a minimum of twenty-five feet on the front and twenty-five feet on the side. B. Patio Homes (Pool Villas) and Condominium Units. he building locations shall be governed by and in compliance with the General Plan of Development, and the PUD plan for The Properties as approved by Seninole County, Florida, Section 4. GARAGES. A garage designed for at Least two cars shall be required for ail single-family, detached residences, and all patio homes (pool villas) and a carport designed for one’ (1) ear shall be required for all condominium units. There shall be a service door from the garage to the outside in addition to the main garage door or doors. Garage doors must be equipped with an electric door operator. All garage doors shall be of wood or metal construction with a stained or painted finish in harmony With the exterior scheme. Metal doors shall be of raised panel or molded rail and shall be subject to approval of the ARS. Garages shall be maintained as garages and shall not be converted to other uses, : All other terms, conditions, and provisions of the Declaration, as amended, siiall remain unchanged and in full Corce and effect unless specifically amended hereins IN WITNESS WiigREOF, the undersigned corporation has caused these presents to be executed in its nane, and its corporate seal hereto to be affixed, by its proper officers thereunto duly ; authorized as of the date first set forth hereinabove. The undersigned Ann Pangle, certifies that she is the Secretary of WEKIVA COVE HOMGOWNERS ASSOCIATION, INC,, 2 Florida corporation not-for-profit, and further certifies that the Board Of Directors of said corporation presently consists of L. Jane Tolson, Jerry smith, steven MN. llerdin, Pail Feeney, Ann Pangie, 2 Janes Van Epps and, en Fortuec; THAT Tuk POREoOING Second y Amendment to the Declaration of Covenants, Conditions and Restrictions for Wekiva Cove vas duly adopted and authorized by at least two-thirds (2/3) of tile Owners of Wekiva Cove at a x Special mecting of the Association on the IM day : of s 1995; that sufticient notice of such meeting — wasglven az fequiced by the provisions of the Declaration of Covenants, Conditions and Restrictions for Wekiva Cove, in baa: 1875aMoa-5Article 1 therec and that the signatures | said owners althorizing this Second Amendment are attachéd hereto as a composite Exhibit "A". Dip Sad Pangle, Secretaby (CORPORATE SEAL) WEKIVA Cove HOMEOWNERS ASSOCIATION, INC. ‘Steven W, Wardin, President Attest. Q ‘ranFanghe, secrets: (CORPORATE SEAL) STATE OF FLORIDA} ) ss: coUNTY OF ORANGE I hereby certify that on this day, before me, personally appeared Steven HM. Hardin and Ann Pangle, as President and Seccetary, respectively, of WEKIVA COVE HOMEOWNERS ASSOCIATION, INC., to me known to be the persons described in and who executed the oregoing Amenduent for purposes therein mentioned on behalf of the corporation. WITNESS ny hand and official seal in the County and state aforesaid this day of 1 1985. Wotary pablic My commission expires: BBB: 1975aMDa-5AMENDYGNT TO DECLARATLON OF : COVENANTS, CONDITIONS AND RESTRICTIONS . FOR weKIVA cove. s7zgt KNOW ALL MEN BY THESE PRESENTS, that thie Amendment to Wekiva Cove Declaration of Covenants and Restrictions, made on this 2nd day of Novenber __, 1984, by WEKIVA COVE HOMEOWWERS ASSOCIATION, —e Florida Corporation, not-for-profic. 09 TIONS egal WITNESsera WIEREAS, the "Wekiva Cove Declaration of Covenants, Conditions and Restrictions" (hereinafter referred to as "the Declaration") was recorded on March 3, 1980 in Official Records Book 1268, pages 1403 through 1419, Of the Public necorde of Seminole County, Floridey and WHEREAS, the Doclaration provides (in Article X1,) that the Declaration ssay be amended upon a two-thirds vote of the Omere of Wekiva Cove, and WHEREAS, 2/3 of the Omers of Wekiva Cove have voted to anend the Declaration, as provided hereinbelow, ‘ & Now, THEREFORE, the Declaration shall be and is hereby modified and : ‘anended as follows: 1. ARTICLE 111 PROPERTY RIGHTS IN THE COMMON PROPERTIES, is anended by deleting, and reioving in its entirety, Section 2;e. THPROVEMINTS 70 BE PROVIDED BY THE DECLARANT: e. Six (5) sailing dinghys 2. ARTICLE VITT RESTRICTIVE COVENANTS, Section 3;b, BUILDING LOCATON is amended to thirty (30) feet in depth measured from the rear property line to the rear of any building structure, exclusive of pool or patio 3. EXHIBIT “A ARCHITECTURAL REVIEW BOARD PLANNING CRITERIA, Section 3, STRUGTION, is amended by deleting therefrom the following provision Asphalt will be permitted if construction is in accordance vith the following specifications: mininum of six inches of compacted clay, four inches of % compacted line rock, one inch blacktop asphalt 4. EXUIBIT "A" ARCHITECTURAL REVIEW BOARD PLANNING CRITERIA, Section 7.b, SWINOANG POOLS, is anended ac Follows: The outside edge of any pool wall may not becloser than four (4) fect to a line extended and aligned with the side walle of the house unless approved by the ARB 5 EXITBIT "A" ARCHITECTURAL REVIEW BOARD PLANING CRITERIA, Section 21, MAILEOKES is amended as followe: AIl mailboxes shall be set in position at the height convenient to the delivery of mail by post office notor vehicle. Mailbox post and structures shall be of brick, stucco, native stone and/or wood fabrication, Or cypress stained toa suitable shade. Variation and design is encouraged as suggested in the booklet of Environmental Control Standards, No metal neilboxes or structures are permitted in Wekiva Cove. i i ene seen In all other respects, the Declaration shall remain unchanged, and in full | force and effect ‘PAIS INSTRUMENT PREPARED BY: ¢ STEVEN M. HARDIN AMERICAN SAVINGS & LORN 1051 Winderley P1., suite 100 Maitland, Florida’ 32751 RE HGe wf oon _ 2 ol) z ~~ Bevo AND CASSEL Tom : ‘Maitand Center| hae) § 1 auth Fr ‘ 1081 Winderey Place gat mattona, Fonda 32781IM WITNESS WHEREOP, the undersigned corporation has caused these Presents to be executed in its nane, and ite corporate seal hereto to be affixed, by its proper officers thereunto duly authorized as of the date first set forth hereinabove. 08, S291 The undersigned onnte 4. butler ) certifies that he/she is the Secretary of WEKIVA COVE HONEGINERS ASSOCIATION, Flocida Corporation not-for profit, and further certifies that the Board of Directors of said corporation presently consiate of William C- Grmp,JOrry and Ss Steven Hardin, hil Reeney. ann Pengle._ Janes Van Epps and, i ‘AND TAT THE FOREGOING Fmendnent to the OF ekive Cove Declaration OF Covenants, Conditions and Reotriceions was duly | St adopted and authorized by 2/3 vote of the Omers of Wekiva Cove at a special necting of the Association on the 6th day of Septenber:, 1964. and thet auiticient i ig was given as required by the provisions of the Wekive Cove ints, Conditions and Restrictions, in Article 41 thecest. "up momas F Kd Declaration of Covenar wrtwess: Carel tuarcgsd) rl OU Lis Aba sete een Pf Auber (CORPORATE SAL) oa oe STATE OF FLORIDA) ss ‘couNTY OF ORANGE) = Thereby certify that on this day, before ne, Jonnie li. Butler and.” Seaven 'M, as President and Secretary, respectively, of WEKIVA COVE HOMEOWNERS ASSOCIATION, + upon being duly sworn, and to me known to be the persons deaceived ta wa who executed the foregoing” Amendnent for purposes therein wentroncd personally appeared ‘din WITNESS my hand ond official seal in the County and state aforegt this_Ind day of Novenperc, 1984 $ sion expires ‘Notary Putte W Hebd Large, ‘My Commission EABKweE pL. near Oa ¥ |701 E. Semoran Blvd. il 5 " < ‘THIS INSTRUMENT PREPARED BY: LAWRENCE RAY STEINER, ESQ. Suite 220, sige roan ANG E2882.’ Bock 1699 0729 SUPPLEMENTARY DECLARATION OF senor Oe. FL. COVENANTS, CONDITIONS AND RESTRICTIONS FOR WEKIVA COVE, PHASE TWO KNOW ALL MEN BY THESE PRESENTS; WHEREAS, the original Developer of the wekiva Cove Development has heretofore executed and filed a certain Declaration of Covenants, Conditions and Restrictions for Wekiva Cove, Section One, | (hereinafter called the "Declaration"), said Declaration datedMarch3, 1980 and recorded in Official Records Book 1268, page 1403, Public Records of Seminole County, Florida, by the terms of which the entire Wekiva Cove Development was subjected to the terms, conditions, restrictions and limitations gf said Declaration, said lands more particularly described as follows: The South 4 of the Southwest & of Section 6, and the North } of the Northwest % of Section 7, all in Township 21 South, Range 29 East; less the right-of-way for Sand Lake Road; consisting of 151 acres, more or less; and WHEREAS, portions of said land have heretofore been platted pursuant to the development plan, for the project as approved by Seminole County, Florida, more particularly deseribed as the plat of WEKIVA COVE PHASE ONE, according to the plat thereof as recorded in Plat Book 23, pages #8-90, and the plat of WEKIVA COVE PHASE TWO, according to the plat thereof ae recorded in Plat Book 25, Page 22, all in the Public Records of Seminole county, Florida; and WHEREAS, the original Developer of the Wekiva Cove Development, subsequent to the platting of WEKIVA COVE PHASE TWO, and prior to the sale of said lots in WEKIVA COVE PHASE TWO, failed to record a Supplementary Declaration to give notice that said lands in WEKIVA COVE PHASE TWO were subject to the Declaration, and that the schome and operative effect of said Declaration was to extended to and imposed upon said lands in WEKIVA COVE PHASE TWO, subject to certain changes in sald Declaration relating specifically to the construction of zero lot line homes in WEKIVA COVE PHASE TWO; ana WHEREAS, WEKIVA COVE HOMBOWNERS ASSOCIATION, INC. {Association), pursuant to Article II, Section 2 of the Declaration, joined by the'present owners of all lots within WEKIVA COVE PHASE TWO, desire to record this Supplementary Declaration to give notice that said lands in WEKIVA COVE PHASE TWO are subject to the Declaration, and that the schene and operative effect of said Declaration ’has been extended to and imposed upon said lands in WEKIVA COVE PHASE TKO, subject to the changes and amendments set forth below. NOW, THEREFORE, in consideration of the premises, the undersigned Association, ‘together with all of the present owners of all of the lots within WEKIVA COVE PHASE TO, do hereby, by the execution and filing of this supplementary Declaration of Covenants, Conditions and Restrictions, annex the lands described herein, and extend the scheme and operative effect of the above- described Declaration of Covenants, Conditions and Restrictions to the following described real property located in Seminole County, Florida, to-wit: Plat of WEKIVA COVE PHASE THO, according to the plat thereof as recorded in Plat Book 25, page 22, Public Records of Seminole County, Florida, and the said real property is subject to each and every one of the Provisions, including but not limited to the levy of assessmantg'on Said real property, as set forth in said Declaration of Covelfdata, Conditions and Restrictions, as though said provisions were Egggh herein and specifically stated herein, and each and Qyer vonegenm cae eee aah aone of said provisions are hereby incorporated herein by this reference to said Declaration, excepting and subject to the following changes and amendments to said Declaration: 1. Article vi1T(Restrictive Covenants), Section 3 (Building Location), subparagraph c. shall be deleted in its en and in its place and stead shall be the following: is e891 “c. Side yards shall be provided on each side of every dwelling structure of minimum amounts not less than that required for zero lot line single family homes pursuant to regulations issued by appropriate governmental authorities in Seminole County, Florida." seg ane aelo 2. Article VIII (Restrictive Covenants), Section 4 (Garages) shall have deleted therefrom the following sentences: “there shall be a service door from the garage to the outside in addition to the main garage door or doors. Garage doors must be equipped with an electric door opener." Except as hereby modified and amended, the provisions of said Declaration shall remain unchanged, and in’ full force and effect as to all of the real property located in WEKIVA COVE PHASE TWO, as more fully set forth above. IN WITNESS WHEREOF, the undersigned have caused this Supplenentary Declaration of covenants, Cenditions and Restrictions to be executed as of the 27% day of 7 1984. Signed, sealed and delivered in the’ presence of: “ASSOCIATION” AYLESBURY HOMES CORPORATION, “aa Ge Ae, 0 creat Gs Owners of Lot J Owmers of Lot 24 (2SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WEKIVA COVE, PHASE TWO KNOW ALL MEN BY THESE PRESENTS#, WHareas, the original Developer of the Wekiva Cove Developaent has heretofore executed and filed a certain Declaration of Covenants, Conditions and Restrictions for Wekiva Cove, Section One, (hereinafter called the "Declaration"), said Declaration dated March 3, 1980 and recorded in Official Records Book 1268, page 1403, Public Records of Seminole County, Florida, by the terms of which the entire Wekiva Cove Development vas Subjected to the terms, conditions, restrictions and limitations Of said Declaration, said lands move particularly described as follows: ‘the South % of the Southwest % of Section 6, and the North } of the Northwest % of Section 7, all in Township 21 south, Range 29 East; less the right-of-way for Sand Lake Road; consisting of 151 acres, more or less; and WHEREAS, portions of said land have heretofore been platted pursuant to the developnent plan, for the project as approved by Seminole County, Florida, more particularly described as the Plat of WEKIVA COVE PHASE ONE, according to the plat thereof as Tecorded in Plat Book 23, pages 88-90, and the plat of WEKIVA COVE PHASE TWO, according to the plat theréof as recorded in Plat Book 25, page 22, all in the Public Records of Seminole County, Florida; and WHBREAS, the original Developer of the Wekiva Cove Development, subsequent to the platting of WEKIVA COVE PHASE TWO, and prior £6 the sale of said lots in WEXIVA COVE PHASE TWO, failed fo record a Supplementary Declaration to give notice that said lands in WEKIVA COVE PHASE TNO were subject to the Declaration, and that the scheme and operative effect of said Declaration was to be @xtended to and imposed upon said lands in WEKIVA COVE PHASE TWO, Subject to certain changes in said Declaration relating specifically fo the construction of zero lot Line homes in WEKIVA COVE PEASE TWO; and WHEREAS, WEKIVA COVE EOMEOWNERS, ASSOCINTION, INC. : . NERS. ASSOGIDTION 78 epac eaten Ce rccerd tiie Gisplenentaryebeclaration to give Hocice that said lands in WERT¥A COVE PHASE. WO, ara subject. to, the “Beclaration, and that. the scheme, and operative effect of said! clarsticn hes begngextesded to’ and inposed upon said lands in RIVA COVE PHASE WO, subject to the Changes and'anendnencs seb rth below.” s NOW, THEREFORE, in consideration of the premises, the undersigned Association, together with all of the present owners Of ail cf the lots within WEKIVA COVE PHASE TWO, do hereby, by the Sxecution and filing of this Supplementary pectaration of" Sovenancs, Conditions ané Restrictions, annex thet seibes Serelnrala extend. the scheae and operstiaetntsnce onighetaseve™ BSscetbed Dociaracion of Covenants, Conditions and Restrictions fo the following described eel property located in Senincle County, Florida, tomeit: Plat of WEKIVA COVE PHASE TWO, according to the plat thereof as recorded in Plat Book 25, page 22, Public Records of Seminole County, Florida, and the said real property is subject to each and every one Provisions, including but not limited to the levy of assess: Said real property, as set forth in said Declaration of Cove} Conditions and Restrictions, as though said provisions were set forth herein and specifically stated herein, and each an’“& ane one of said provisions are hereby incorporated herein by this feference to said Declaration, excepting and subject to the Eoliowing changes and amendments to said Declaration: 1, article VITI (Restrictive Covenants), Section 3 (puilding Location), subparagraph c. shall be deleted in its entirety, and in its place and stead shall be the following: “e, Side yards shall be provided on each side of every dwelling structure of minimum amounts hot less than that required for zero lot line Bingle family homes pursuant to regulations {scued by appropriate governmental authorities in Seminole County, Florida." 2. article VIII(Restrictive Covenants), Section 4 (Garages) shall have deleted therefrom the following sentences: “phere shall be a service door from the garage to the outside in addition to the main garage Goor or doors, Garage doors must be equipped with an electric door opener.” Except as hereby modified and amended, the provisions of said peclaration shall remain unchanged, and in’ full force and ettect ae to all of the real property located in WEKIVA COVE PHASE THO, as more fully set forth above. Im WITNESS WHEREOF, the undersigned have caused this supplenentary Declaration of/fovenants, Genditions and Restrictions to be executed as of the 27% day of 7 1984. Signed, sealed and delivered WEKIVA COVE in the presence of: INC. (BRS ASSOCIATION, byt attests “ASSOCIATION” = AYLESBURY HOMES CORPORATION, Owners of Lot 24 @AMENDMENT TO DECLARATION OF . COVENANTS, CONDITIONS AND RESTRICTIONS FOR WweKIVa cove s7gl KuW ALL MEN BY THESE PRESENTS, chat this Anenément to Wekiva Cove Declaration of Covenants and Restrictions, made on this 2nd day of Novena 1984, by WEKIVA COVE HOMEOWNERS ASSOCIATION, a Florida Corporation, not~for~profit aro noes esi WITNES SETH: WHEREAS, the *Wokiva Gove Declaration, of Covenants, CSnditions and Restrictions" (hereinafter referred to as “the Declaration") was recorded Se'narsh 3)'1990 tn Official Records Book 1265, pages 140) theovgh 2619 St the‘tubite Records of Seminole County, Plorigey and WHEREAS, the Declaration provides (in Article X1,) chat the Declaration tuay be anendéd upon a Cwo-thirds vote of the Omaers of Wekiva Cove, and WiEREAS, 2/3 of the Omere of Wekiva Cove have voted co amend the declaration, as provided hereinbelow. Nod, THEREFORE, the Declaration shall be and is hereby modified and auended a8 follows: 1. ARCICLE LIE PROPERTY RIGHTS IN THE COMMON PROPERTIES, is auended by delecing, and renoving In Tteentirety, Section 232. IMPROVEMENTS 70 BE PROVIDED BY THE DECLARANT: @. Six (6) sailing dinghys 2. ARTICLE VITI RESTRICTIVE COVENANTS, Section 3;b. BUILDING LOCATION is amended co thirty (30) feet in depth weasured from the rear property Line to the rear of any building structure, exclusive of pool or patio, 3. EXIKBLT "A" ARCHTTECTURAL REVIEW SOARD PLANNING CRITERIA, Section 3, DRIVEWAY GONSTRUCTION, is amcaded By deleting therefrom the folloving provision: Asphalt Will be permiteed if construction is in accordance with the folloving specifications: minisum of tix inches of cospacted clay, four inches of coupacted line rock, one inch blacktop asphalt, 4. EXHIBIT "A" aRcurTECTURAL SWINGING POOLS, is enended as follows? The outside edge of any pool wall may aot be closer than’ four (4) feet to a line extended end aligned with che side walls of the house unless approved by the AKB 5, EXIIAUT "A" ARCHITECTURAL REVIEW BOARD PLANNING CRITERIA, Sect ion 21, MATLOWRS, is anended as Follows: AI1 nailGoxea ahail be set in position ar the Telghe convenient to the delivery of wail by post office motor vehicle. Mailbox post and structures shall be of brick, stucco, native stone and/or wood fabrication Or cypress stained to a suitable shade, Variation and design is encouraed os suggested in the booklet of Environmental Control Standards. No uetal asi lboxes or structures are pernitted in Wekiva Cove In all other respects, the Declaration shall renain unchanged, and in full foree and effect, ‘THIS INSTRUMENT PREPARED BY STEVEN M, HARDIN AMERICAN SAVINGS § LOAN 1051 Winderley P1., Suite 100 Maitland, Plorida 32751 MiconUi WITNESS WHEREOE, the undersigned corporation has caused these ‘Presents to be executed in its nane, and its corporate seal herete eo be affixed, by its proper officers thereunco duly authorized as of the date Firat set forch hereinsbove. Tue undersigned __aomaée 1. futlor . certifies chat he/she ie che Secretaiy of weiiVa COVE HOEOINERS ASGOCUATION, 5 Pies ida Corporation not-for profit, and further certifies that the beavd ot Directors of said corporation presently consists of Willian C. Comp. Jerry Hite Fe os Van Presa 2 + Alo THAT THE FOMELOING Tmendicent co che #2 Uekive Cove DeclaratTon OF Cavenancs, Conditions and Restrictions wus dnp adopted and authorized by 2/3 vote of the mers of Wokjve Cove ata eeitja Beoting of the, Association on the 6th day of Septeabern, 1984, and thas vetttcient notice of such aecting vas given a5 required by the provisiou of the'uenii nent Bactaration of Covenants, Conditions and Restefetions, da Article wrens snows wrmiess: ar arse? Arnon) y ne cet: Ahlan (CORPORATE SeAL) STATE OF FLORIDA) ss: CcouwTY OF oRaNce) eeeainre! z tea ‘a6 President and Secrataty, Ye: ly, of WEKIVA COVE HOMEOWNENS ASSOCIATION, ersonal ly appeared » PP SOMES ay hand and offcin aeal inthe Caney an Stace afore this tnd day of Novergor, 1984. ; % Ord Ye woraai fuse ay Pu Sie tay Pate NT i ‘my Comission EXP Sip. 11, Sn! Ww Fuca naon 1699 O71 SECOND ANENDIENY TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICEIONS £0 FL, FOR WEKIVA Cove the Declaration of Covenants, Conditions and Resteletions for Wekiva Cove, was made on this i day of Vemgin, 1905) by WEKIVA COVE HOMEOWNERS ASSOCIATION, INC., a Florida Cocpocation not-for-profit. KNOW ALL MEN BY THESE PRESENTS, that this Second Awendueat to 4 5 WITNESSE® WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Wekiva Cove (lieceinafter cetorred to as "the Declaration") was recorded on March 3, 1980 fn Official Records Book 1268 at Page 1403, and amended by the Ameniment to Declaration recorded on March 27, 1985 at Official Records Book 1625, Page 1753, of the Public Records of Seminole County, Flocida; and WHEREAS, the Declaration provides, in Article x1 thereof, ¢ that the Declaration may be amended upon a two-thicds (2/1) vote 4! Of the Owners of Wekiva Cove, and * WHEREAS, two-thirds (2/3) of the Onners of Wekiva Cove have voted to amend the Declaration, as provided hereinbelow. NOW, THEREFORE, the Declaration, as amended, shall be and is hereby further modified and amended’ as follows: ARTICLE I, DEFINITIONS, is amended by anending the definitions set forth hereinbelow to cead as follows: D. “Common Areas" shall mean and refer to those areas of Land shown on any recorded subdivision plat of The Propestics, and any other areas of land located within The Properties, which shall be conveyed to the Association, which areas are intended to be devoted to the common use and enjoyment of the Owners; a provided, said term shall not ve deemed oc construed to moan oF Fefer to the comon elements of any portion of The Properties which may be submitted to the condominium £or@ of owsrship, i which areas are intended to be maintained by and used and eijoyed only by those Owners who own a unit within gaid condominium. i G. “Lot shall mean and refer to any plot of land shown oa a recorded subdivision plat of The Properties which is intended to be developed and occupied as a single Family residence. Provided, in the event any portion of The Properties shall be submitted to the condominium form of ownecship under the laws of | the state of Florida, the teem "Lot" shall also mean and rerer to any condominium unit’ located within said Condominium. ‘The teem *Lot" shall also include the Living Unit located thefeon when residence has been constructed on the Lot. ARTICLE 11, PROPERTY SUBJECT 10 THIS DECLARATION, is amended by aitending the sections set forth herelibelow to read as Follow Section 3. GLNDRAL PROVISION RLGARDING ADDITIONS TU Tin : PROPERTY. Additional land within The Propectivs as described on Page 1 of the Declaration may be annexed by the Declarant, oc by the owner or owners of said land, without tie consent ut the Menbers any time prior to Jamiary l, 1986, and any Supplenontacy Declaration recorded prior tu said date shall be deemed effective to accomplish such annexation, ‘thereafter, such additional Laud may be annexed only with the consent of at least two-thirds (2/3) = Of the Members, which shall be treated as an amendaent of this Declaration under the terms of Acticle XI hereot. This ston =f Ratan vce a: Tee ee i Beier ee e7snnpa-s Feet tarot stations JotARTICLE V, COVENANT POR MAINTENANCE ASSESSMENTS, is amended by amending the sectioné set forth hereInietee we set forth herelnbelow to réad as follows: Section 3. ORIGINAL AND ANNUAL assessments. 2 ggQRIGIAL A9SESONENT. ohe original assessaent shail se f Pucee-Wandeed Dollars ($300.90) per Lot, which shall be pata oe (Bach new Ouner/at the tine Of closing when the omer ceapet? YF Purchase or acquire a Lot and Living unit located within the S Properties. 8 Section 9. EFFECT ov NON-PAYMENT OF ASsESsHENES: RENcOLES de THE ASSOCIATION, If an assessment is not pald witniy eee (25) days after the due date, the Association oat mane tee right to charge a reasonable late fee, as may be set oy the board Of Directors From time to time. In addition, any assessment not paid within thirty (30) days after the due date thee gene interest from the due date at the cate of Ciftcen secret (159) per annum. The Association shall also have the rioie te cate From the delinquent Owner all expenses it shall incur, inciediog Feasonable attorneys’ fees, in attempting to celine. gaan Selinguent assessments, including but not limited co eho Preparation of clains of lien or satistactions of Sock" tiens, The Association may bring an action at law againet the seen Personally obligated to pay sane, and/or toracions the o¥ne against the property. “tn either event, the noncsaying deene shall pay for the cost of bringing the suit, Including coesnable attorneys" fees therefore. No Owner may waive or nindegee escape Liability for the assesoaents provided fof herein be none use Of the Connon Area or abandonment’ of his tect The ten shall be evidenced by an instrunont executed by the Association and recorded in the Public Records o£ senlvoue County, Florida, and shall be enforced in the sane manner as is provided by law for the enforcement of mechanic's ana materialmen's liens. ARTICLE VITI, RESTRICTIVE COVENANTS, is amended by amending ARTICLE VIII, RESTR COVENANTS, the sections set forth hereinbelow to réad ac follows, The Existing Property, known as Wekiva Cove, Section 1 as described in article 11 hereof, as well as any Additions to che Existing Propecty which may be’ subjected to the terms, conditions and restrictions of the Declaration as provided in article it heceof, shall be subject ‘to the following restrictions. geseevations and conditions, which shall be binding upon the Declarant and upon each and’ every Owner who shall acquire hereafter a Lot or any portion of The Properties, ang shall be binding upon theit respective heirs, personal representatives, Successors and assigns, as follows: Section 1. LAND USE. No Lot shall be used except for residential purposes. No structures shall be erected altered, Placed or permitted to remain on any residential Lot within che Subdivision other than one single-family dwelling and private garage and accessory buildings and structures such as Swimming Pools, screened enclosures and patios. Provided, however. thot hotwithstanding any language to the contracy hersiny nothing shall preclude the Declaraut or its agent fton maintaining offices for the purposes of promoting the sale of Lots and residential structures within the property which includes access and use by any required sales personnel and any attendance personnel required to be present to facilitate such soles Section 2. DNELLING SIZE AND RESTRICTION. No single=faaily, detached residence shall be constcucted on any Lot with» Livind grea which is less than one Thousand Six Hundred (1,600) square feet, No patio hone (or pool villa) residence shell be Gonstcucted on any Lot with a living acea which is less than one Thousand Five Hundred (1,500) square feet, and no condominium unit shall be constructed on the Properties with a living area BBB:1875AMOa~5 a 63 p SPA a RRR be SRRERIRE eRe a em 2 Z a ‘ 5 i &Yybich As tess than one Thousand One Hundred (1,100) squace “feet, Such living area in each case shall have typists galls, Getting and floor, shail be ineulated and conteatiniinnces ah air-conditioning syaten te optional; provided, hovevere vat of this option is exorcised, sald air-conditioning sisi be kava central systen. the flose space within the gazage, bree ctany Porch, of Unfinished storage or utility tose’ shall’ net oe cluded within the Living acea for the purpose of decerainin the minimum allowable area. ele $ Section 3. BUILDING Locarron, 5 A. Single Fanity vetached Residences, E a, Front yards with sidewalks in rear shall not be less than twenty (20) feet in depth measured from the Eront Property line to the front of any building structure. b. Rear yards with sidewalks in rear shall not be less than thirty (30) feet in depth measured from the rear property Line to the rear of any building structure, exclusive BE pool or patio, . Side yards shall be provided on each side of every welling structure of not less than seven and one-half (1-1/2) feet from side lot lines, except on a corner lot where Sct backs from all streets or roads shall be a minimum of twenty-five fect on the front and twenty-five feet on the sides B. Patio Homes (Pool Villas) and Condominium Units. ‘The building locations shali be governed by and in compliance with the General Plan of Development, and the PUD plan for The Properties as approved by Seminole County, Florida Section 4. GARAGES. A garage designed for at least two cars shall be required for ail single-family, detached residences, and all patio homes (pocl villas) and a carport designed for one’ (1) far shall be required for all condominium units. there shall be @ service door from the garage to the outside in addition to the main garage door or doors, Gacaye doors must be equipped with an electric door operator. All garage doors shall be of wood oF metal construction with a stained or painted finish in harmony with the exterior scheme. Metal doocs shall be of raised panel ot molded rail and shall be subject to approval of the Alls Garages shall be maintained as garages and shall not be converted to other uses, ALL other terms, conditions, and provisions of the Declaration, as amended, shall cenain unchanged and in full force and effect unless specifically amended herein. IN WITNESS WHEREOP, the undersigned corporation has caused these presents to be executed in its name, and its corporate seal hereto to be affixed, by its proper officers thereunto duly authorized as of the date Eirst set forth hereinabove. ‘The undersigned Ann Pangle, certifies that she is the Secretary of WEKIVA COVE HOMEOWNERS ASSOCIATION, INC., a Florida Corporation not-for-profit, and furtlec certifies that the Board Of Directors of said corporation presently consists of L. Jane Tolson, Jerry swith, Steven M. Hardin, Phil Feeney, Aan bangle, James Van Epps and, ben Fortner; THAT “IE FOREGOING Secund Agendment to the Declaration of Covenants, Conditions and Restrictions for Wekiva Cove was duly adopted and authorized by at least two-thirds (2/3) of the Owners of Wekiva Cove at a special mgeting of the Association on the 17% day Of Flan 4 1985; that sufficient natice of such meeting was given as requiced by the provisions of the Declaration of Covenants, Conditions and Restrictions for Wekiva Cove, in BBB; 1875AMDa-5Article ¥1 thereof; and that the signatures of said Ownecs authorizing this Second Anendment are attached hereto as a gomposite Exhibit "a". Sen Baw Pangie, secretaby (CORPORATE SEAL) WEKIVA COVE HOMEOWNERS ASSOCIATION, INC. byt ‘Steven, Hardin, President Attest: Q Wan Fangie, seeretan (CORPORATE SEAL) STATE OF FLORIDA) } ss: couwry OF ORANGE I hereby certify that on this day, before me, personally appeared Steven N. Hardin and Ann Pangle, as President and Secretary, respectively, of WEKIVA COVE HOMEOWNERS ASSOCIATION, INC., to me known to be the persons described in and who executed the foregoing Amendment for purposes therein mentioned on behalf of the corporation. WITNESS my hand and official seal in the County and state aforesaid this day of , 1985. Wotary Public My commission expires BBB: 1875AMDa~S thie cass bin cs j iBROAD AND CASSEL OE age Winter Par, FL 92789 SUPPLEMENTARY DECLARATION OF COVENANTS, ‘CONDITIONS AND RESTRICTIONS FoR WeKIVA cove PHASE THREE NOW ALL MEN BY muse PResENT WAEREAS, the original Developer of the iiekiva cove Developnent has heretofore executed snd filed a seevaie Declaration of covenants, Conditions and Restrictions for Wekiva Cover Section one, (nereinafeer called the *becisestion |, echo Declirstion dates sarch 3, 1900 and recorded in Official. Records, Book’ 1268, "Page 1403, of the Public Records of Seminoie Coser. Florida, by the terns Of which the entire Wekiva Cove Develosnent, was subjected ‘to the terns, conditions restrictions and Limitations of said peclaration, said Lande nore pareiculacly. Bescrined a2 follow: The South 1/2 of the Southwest 1/4 of Section 6, and the North 1/2 of the Worthwest 1/4 of Section Ty aid in Tounship 21 south, Range 29 fast less the Tight-oF-vay For Sand Lake Roady ‘consisting of 181 acres, ore oF WHEREAS, portions of said land have heretofore been platted pursuant to the development plan, for the prosect aa Spprovea'by Seminole County, Florida, mote particulary described gg the plat of WEKIVA COVE PHASE ONE, neesrding to the’ plat thereof as recorded in Plat Book 23, Pages 66-30, and the plat of WEKIVA COVE PHASE TWO, according to the plat thefeo! as recorded in Plat Book 25, Page'22, all In the Public Records of Senlnole County, Plorigay and JERENG, WERICAY PTUANCTNL 6.2. SWOQRFORATED, 9 Flos da corporation, as’ the present Developer the sDeclacent*}» hes Platted an saditional phase of the Wekivs Cove Bevelopmente and desires, to record this supplementary Declaration to give notice Chae S018 1ands ace subject to the Declaration, and tha the ‘schene’ and operative effect of sald Declaration fiat been extended te'and Imposed pon este Tangs. NOW THEREFORE, in consideration af the premises, the Declacent, AMERICIN FINANCIAL S.A. INCORPORATED". a Flor ds corporation, does hereby, by the oxecution and filing of this Supplenentaty Declaration of Covenants, conditions ard. Restrictions, annex the anda described herein, and extend the gchene and operative effect of the above described Declaratiy of Covenants, Conditions and RestcLetione to the following described Feal property located in Seminole County, Florigas tonsil Plat of WEKIVA COVE PHASE THREE, as per the plat thereof Fecorded in Plat Book 28, Pages’ ge and 67, of the Public Recoeds of ‘Seminole County, Plorigas and the said ceal property is subject to each and every one of the provisions, neiuding but not Limited to the Levy Sf aesussmonts on said real property, a set focth in s0ia Declaration of Covenants, Consitiona and Restelctions, as though sald provisions were fully set forth herein and spect flestiy stated herein, and each and every one of sald provisions are heceby incorporated herein by this reference to aaid Declaration, TH Niminss WuRREOP, the gclarene ian caused these presents to be executed by its guly authorized officgtp amd ite Borporate seal tobe he. vunto affixed all as of the GW) day of February, 1994. ts Rerurn TeSigned, seated and delivered tn the’ presence of coury or orange; President of awénican Printch Gorporation, known to ae to th foregoing instrument on bead’ Witness ny hand and aforesaid this gw day of Fe AMERICAN FINANCIAL S.A, INCORPORATED, 8 Plor ids corporation ° Vice President op thes day, before ne, an Stsihgdo and Goaney Léavesotg £2" elle Preated EeuAiO Se nese, ey cen RESIS Fnconopinde hae g ther indtviauel rhe’ otetated' the fob eheSecepoenet jgal in the County and state Druary, 1904 oe Oey Popp chuinanvosavodey PIle6o nyA CONDITIONS AND RESTRICTIONS FOR WEKIVA COVE PHASE FOUR G SUPPLEMENTARY DECLARATION OF COVENANTS, KNOW ALL MEN BY THESE PRESENTS: jouw WHERBAS, the original Developer of the wekiva Cove Development has heretofore executed and filed a certain Declaration of Covenants, Conditions and Restrictions for Wekig Gove, Section One, (hereinafter called the "Declaration"], sal. Peclaration dated March 3, 1980 and recorded in official Records 2 Book 1268, Page 1403, of the Public Records of Seminole County, 5 Florida, by the terms of which the entire Wekiva Cove Development & was subjected to the terms, conditions restrictions and Limitations of said peclaration, sald lands more particularly described as follows: a o 0d The South 1/2 of the Southwest 1/4 of Section 6, and the North 1/2 of the Northwest 1/4 of Section 7, ali in Township 21 south, Range 29 Fast; less the right-of-way o for Sand Lake Road; consisting of 151 acres, more oF less; and WHEREAS, portions of said land have heretofore been platted pursuant to the development plan for the project as approved by Seminole County, Florida, more particularly desctibed as the plat Of WEKIVA COVE PHASE ONE, according to the plat tlereot as Kecorded in Plat Book 23, Pages 88-90, the plat of WEKIVA COVE PHASE TWO, according to the plat thereof as recorded in Plat Book 25, Page 22, and the plat of WEKIVA COVE PHASE THREE, according to the plat thereof as recorded in Plat Book 28, Pages 66 and 67, all in the Public Records of Seminole County, Florida, and WHEREAS, AMERICAN FINANCIAL S.A. INCORPORATED, a Florida corporation, as the present Developer ( the "Declarant"), has platted an additional phase of the Wekiva Cove Development, and desires to record this Supplementary Declaration to give notice that said lands are subject to the Declaration, and that the scheme and operative effect of sald Declaration has been extended to and imposed upon said Lands. WOW THEREFORE, in consideration of the premises, the Declarant, AMERICAN FINANCIAL 5.A. INCORPORATED, a florida corporation, does hereby, by the execution and filing of this Supplementary Declaration of Covenants, Conditions and Restrictions, annex the lands described herein, and extend the Scheme and operative effect of the above described Declaration of Covenants, Conditions and Restrictions, as same has been ot may be amended from time to time, to the following described real Property located in Seminole county, Florida, to-wit Plat of WEXIVA COVE PHASE FOUR, as per the plat thereof Eecorded In Plat Book 32, Pages 40 to 43, of the Public Records of Seminole County, Plorida. and the said real property is subject to each and every one of the provisions, including but not limited to the levy of assessments on'said real property, as set forth in saia Declaration of Covenants, Conditions and Restrictions, Bs thowgh said provisions were fully set forth herein and specifically stated herein, and each and every one of said provisions’ are hereby Incorporated herein by this reference to said Degharation. turn do 2 3 8 Instumnt Was Propared 6 F. VERNON BENNETT ATTY * BROAD AND Gascet| Matt Center - Foot gor 1051 Windeiey Puce Walton Fledo 32552 _IN WITNESS WHERGOF, the Declarant has caused these presents to be executed by its duly authorized office: seal to be hereunto affixed all as of the 1995. Signed, sealed and delivered in the’ presence of: STATE OF FLORIDA) . ) COUNTY OF ORANGE) I HEREBY CERTIFY THAT on this day, before me, ‘and its corporate day of féeember~, AMERICAN FINANCIAL S.A. INCORPORATED, a Florida corporation wi Lbond V Kel ‘EDWARD J, RILEY; Vice President (corporate Seal and duly authorized in the State and Count aforesaid to take acknowledgments, personally appeared EDWARD J. RILEY, as Vice © President of AMERICAN FINANCIAL S.A. INCORPORATED, a‘ Florida Corporation, known to me to be the individual who’ executed the foregoing instrument on behalf of the Corporation. Wignges my hang ang seal in the Count; this OM Say" ot Aether, 1985. and State aforesaid tary Pubrte 7 State of Florida at Latye, ‘0, My commission expires:s: ¢, “Gp Cab 2 oceans oR a venga sue stant gH Cou £2 LOL CaS BE . aan ahh Po: os1699 O715 cu. FL, SECOND AMENDNENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WeKIVA cove KNOW ALL MEN BY THESE PRESENTS, that this Second Amendment to the Declaration of Covenants, Conditions and Restcictions foc figkiva Cove, was made on this 3) day of Tengen y 1985, by . WEKIVA COVE HOMEOWNERS ASSOCINTIGN, INC., a FlosTda Corgocedion not-for~protit. WITNESSETH: WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Wekiva Cove (hereinafter referred to an" Declaration") was recorded on March 3, 1980 in Official Reencds Book 1268 at Page 1403, and amended by the Amendment to Declaration recorded on March 27, 1985 at Official Records Book 2825; Page 1753, of the Public Records of Seminole County, Ploriaa; and WHEREAS, the Declaration provides, in Article xt thereot, that the Declaration may be amended upon a two-thirds (2/5) pote Of the Owners of Wekiva cove, and WHEREAS, two-thirds (2/3) of the Owners of Wekiva Cove have voted to amend the Declaration, as provided hereinbstow, Now, THEREFORE, the Declaration, as amended, shall be and is hereby Further modified and amended’ as follows: ARTICLE I, DEFINITIONS, is amended by amending the definitions set forth hereinbelow to read as follows Dd. "Comiton Areas" shall mean and refer to those areas of land shown on any recorded subdivision plat of The Properties, and any other areas of land located within The Propecties, which shall be conveyed to the Association, which areas are intended to be devoted to the common use and enjoyment of the Owners) provided, said term shall not be deamed or construed to wean of Fefer to the conmon elements of any portion of The Properties which may be submitted to the condominium form of ownsiships which areas are intended to be maintained by and used and enjoyed only by those Owners who own a unit within said condoniniun, G, "bot" shail mean and refer to any plot of land shown’ on a tecorded subdivision plat of The Properties which is intended to be developed and occupied as a single family residence, Provided, in the event any portion of The Properties shall be submitted to the condominium form of ownership under the laws of the state of Florida, the term *Lot" shall also mean and refer ta any condominium unit’ located within said Condominium. The tocm “Lot” shall also include the Living Unit located thereon wher Fesidence has been constructed on the Lot. ARTICLE IL, PROPERTY SUBJECT TO THIS DECLARATION, is ancnded by amending the sections set forth hereinbelow to read ae follows: Section 3. GENERAL PROVISION REUARDING ADDETIORS ‘tO ‘THE PROPERTY. Additional land within The Properties as described on Rage 1 of the Declaration ay be annexed by the Declarant, of by the owner or owners of said iand, without the consent of tie Members any time priot Lo January 1, 3986, and any Supplementary Declaration recorded prior to said date shall be deemed effective to accomplish such annexation. thereafter, such additional land may be annexed only with the consent of at least two-thirds (2/3) of the Members, which shall be treated as an amendment of this Declaration under the terms of Article xf hecest. ey ws Me bet i BBB: 1875AMDa-5ARTICLE V, COVENANT FOR MAINTENANCE ASSESSMENTS, is amended by amending thé sections set forth hereinbelow to read as follows: Section 3. ORIGINAL AND ANNUAL ASSESSMENTS. 8+ Un GRIGINAL ASSESSMENT. The original assesement shall be {3 Thtee Hundred ollars ($300.00) per Lot, which shall be paid by = (each ae ounec/ae the time o£ closing when the Owner shall B purchase of acquire a Lot and Living Unit located within the Properties. 2 Section 8. BFFECT ON NON-PAYMENT OF ASSESSHENTS: REMEDIES dr THE ASSOCIATION. If an assessment is not paid within fifteen (15) days after the due date, the Association shall have the right to charge a reasonable late fee, as may be set by the Board of Directors from time to time. In addition, any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of fifteen percent (158) per annum. ‘The Association shall also have the right to collest from the delinquent Owner all expenses it shall incur, including Eeasonable attorneys! fees, in attempting to collect such Selinguent assessments, including but not limited to the Preparation of claims of lien or satisfactions of such liens, The Association may bring an action at law against the ownee personally obligated to pay same, and/or foreclose the lien against the property. In either’ event, the non-paying owner shall pay for the cost of bringing the suit, including reasonable attorneys’ fees therefore. No Owner may waive or otherwise escape liability for the assessments provided for herein by non- use Of the Common Area or abandonment of his Lot. The lien shall be evidenced by an instrument executed by the Association and recorded in the Public Records of Seminole County, Florida,’ and shall be enforced in the same mannet as is provided by law for the enforcement of mechanic's and materialmen's liens. ARTICLE VIII, RESTRICTIVE COVENANTS, is amended by amending the sections set forth hereinbelow to read as follows: The Existing Property, known as Wekiva Cove, Section 1 as described in Article 11 hereof, as well as any Additions to the Existing Property which may be subjected to the terms, conditions and cestrictions of the Declaration as provided in Acticle 11 hereof, shall be subject to the following restrictions, reservations and conditions, which shall be binding upon the Declarant and upon each and’ every Owner who shall acquire hereafter a tot or any portion of The Properties, and shail be binding upon their respective heirs, personal representatives Successors and assigns, as follows: Section 1. LAND USE. No Lot shall be used except for residential purposes. No structures shall be erected altered, placed or permitted to remain on any residential Lot within the Subdivision other than one single-family dwelling and private garage and accessory buildings and structures such as svimeing Pools, screened enclosures and patios. Provided, however, ehat notwithstanding any Language to the contrary herein, nothing Shall preclude the Declarant or its agent fon maintaining offices for the purposes of promoting the sale of Lots and residential structures within the property which includes access and use by any requiced sales personnel and any attendant Personnel required to be present to facilitate such sales. Section 2. DWELLING SIZE AND RESTRICTION. No single-family, detached residence shall be constructed on any Lot with a living area which is less than One Thousand Six Hundred (1,600) squace feet. No patio home (or pool villa) residence shall be constructed on any Lot with a living area which is less than one Thousand Five Hundred (1,500) square feet, and no condominium unit shall be constructed on The Properties with a living area Ba: 1875ANDa-s 6691 $iddRLpomasetoning systen is optional; provided, horevee eat if Generel ion, 18 exercised, said air-conditioning shall be tata porch, oe atens7he Floor space within the garages beeszeuay, Tnciused' within che aitieaeeece SELLE purpose of detersining 4g & the minimum allowsbie eeod, Be A. Single Panily Detached Residences. 28 orm Cooney reaterefeia ere tee te ee jess than twenty (20) feet in depth measured from the fect Property line to the front of any building structure, bo ,Reae yards with sidewalks in rear shall not be less Thee (Bitty (30) feet in depth measuced from the rear property pattot® the Fea" Of any building structuce, exclusive DE boot or patio. SreucSide Yards shall be provided on each side of every ogtting structure of not less than seven and one-half (7-1/3) feet from side lot lines, except on a corner lot where sou hacks from all streets or roads shall be a minimum of twenty-five tose on the front and twenty-five feet on the sides B. Patio Homes (Pool Villas) and Condominium Units. The building locations shall be governed by and in compliance with the Generai Plan of Development, and the PUD plan foc ake Properties as approved by Seminole County, Florida, Section 4. GARAGES. A garage designed for at least two cars shall be required for ali single-family, detached residences, and al patio homes (pool villas) and a carport designed for one’ (2) gar shall be reguired for all condominium units. There shell te a service door from the garage to the outside in addition to the main garage door or doors. Garage doors must be equipped with’ an electric door operator. A11 garage doors shall be of wood or metal construction with a stained or painted finish in harwony with the exterior scheme. Metal doors shall be of raised pend Qr molded rail and shall'be subject to approval of the AnBe Garages shall be maintained as garages and shall not be converted to other uses. All other terms, conditions, and provisions of the Declaration, as amended, shall temain unchanged and in full force and effect unless specifically amended herein. IN WITNESS WHEREOF, the undersigned corporation has caused these presents to be executed in its name, and its corporate seal hereto to be affixed, by its proper officers thereunto: duly authorized as of the date first set forth hereinabove, The undersigned Ann Pangle, certifies that she is the Secretary of WERIVA COVE HOMEOMNERS ASSOCIATION, INC. e’Plorida corporation not-for-profit, and further certifies that the Goud Qf Directors of said corporation presently consists of fr egeoe Tolgon, Jecry smith, Steven M. Mardin, Phil Tecnsy, Any Dasgee, James Van Epps and, Ben Fortnet; Tiin? tis FOREGOING Socom Amendment to the Declaration of Covenants, Conditions ser Restrictions for Wekiva Cove was duly adopted and authorized by at Least two-thirds (2/3) of the Owners of Wekiva Cove ate special necting of the Association on the tai dey of -Hpvunday 1985; that sufficient notice of such meeting wae given as F2quiced by the provisions of the Declacating ot Covenants, Conditions and Restrictions for Wekiva Cove, in e75aMDa-5 woca Bory-Atticle XI thecavf; and. that the signatures of said owners authorizing this Sec ze °. ond Amendment are attached hereto as a composite Exhibit "A", Drop ane s a Hagte; secre ———# (CORPORATE SEAL) 6691 STATE OF FLORIDA COUNTY OF ORANGE I hereby certify that on this day, before me, personally appeared Steven M. ilardin and Ann Pangle, as President and Secretary, respectively, of WEKIVA COVE HONEOMERS ASSOCIATION, INC., to me known to be'the persons described in and who executed the foregoing Amendment for purposes therein mentioned on behalf ‘of the corporation. WITNESS my band and offi aforesaid this 3! day ofW cigi seal in the county and stator dacs 1985+ aA? sleente % Ruxter? Notary Public ~ Hy commission expires: oy ab St to ig wasn Ene Ox 1A, BBB:1875ANDa~5