RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SURFSIDE ESTATES SUBDIVISION PHASE II WHEREAS, The original Declaration of Covenants Conditions and Restrictions (Declaration) of Surfside Estates Phase II were recorded in the public records of Gulf County, Florida on July 7, 1998 at Official Records Book 215, page 183, and WHEREAS, It is in the best interest of the property owners in Surfside Estates, Phase II to amend and restate the Declaration, and WHEREAS, the following restated Declaration was approved by the membership of the Surfside Estates Homeowner’s Association, Inc. (HOA) according to the requirements of the bylaws of the corporation and the Declaration at the annual meeting of HOA on March 5, 2011, NOW, THEREFORE, For the purpose of enhancing and protecting the value, attractiveness and desirability of the property subject to the Declaration, the Membership of HOA states that all of the real property described herein and each part thereof shall be held, sold and conveyed subject to the following restrictive covenants. 1. All lots shall be used for single family residential purposes only and no commercial activity of any type may be conducted on any lot. Residential buildings shall be constructed in accordance with the Southern Standard Building Code or any other code as specified by the Gulf County Government and shall have a minimum of 1200 square feet of heated and cooled living area exclusive of carports, garages or outside utility buildings. All such buildings shall have the exterior finished in a neat and attractive manner before being used as a residence. Lot owners shall keep any building in good repair, compatable to the condition at the time of completion of initial construction, normal wear and tear excepted. All lot owners shall be under a duty to repair, replace or remove any building that is damaged or destroyed by any casualty within a reasonable time after the occurrence of any casualty. Removal of a building that is substantially destroyed shall take place within 60 days of destruction. Repair or replacement shall begin within 60 days, unless the owner has obtained written approval from the Board to extend the time, 2. No buildings may be constructed nearer than 25 feet to any street right-of-way- line or nearer than 10 feet to any interior side or rear Jot line. 3. The owner of each lot shall be responsible for sewerage disposal and such facilities shall conform to all relevant rules and regulations.4, Mobile homes, manufactured homes, Class A Motor Coaches or travel trailers, op up campers or tents are expressly prohibited and may not be used or placed on any of the lots in the subdivision. 5. No animals of any kind other than common household pets may be kept on any lot within the subdivision and such common household pets may not be kept or bred for commercial purposes. 6. No trash, rubbish, or garbage shall be disposed of or kept on any land within the subdivision or in the waters adjacent thereto. No inoperable motor vehicles will be allowed to be kept on any lot or in the streets adjacent thereto, All trash and garbage containers shall not be placed on the street for pickup more than 24 hours prior to a scheduled pickup and any containers shall be removed from the street within 24 hours of pickup. Rental units shall have backdoor pickup and any rental unit allowing more than six occupants shall have not less than three garbage cans, 7. All lot owners shall be members of the homeowners’ association established by the Declarant for the purpose of maintaining the common easements within the subdivision. All lot owners, their heirs, and assigns, shall be jointly responsible for the maintenance and upkeep of all easements, including the road surfaces, the utility lines and water lines located within the easements. 8. All lot owners shall pay annual assessments for maintenance of the common easements within the subdivision and the general operation and expenses of the Association, The annual assessment shall be established by the Board of Directors of HOA, with such increases as deemed necessary and established under the by-laws Special assessments shall be approved by the members as directed in the by-laws. 9. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and a continuing lien on each lot against which such assessment is made. Fach such assessment shall also be the personal obligation of the lot owner. No lot owner shall be allowed to vote at any meeting of HOA unless they are current on all assessments. 10, The lien provided for herein shall be subordinate to the lien of any first mortgage. A sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to a mortgage, foreclosure or any proceeding in lieu thereof shall extinguish the assessment lien as to payments that become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 11. No sign of any kind shall be displayed to the public view on any lot unless specifically authorized herein. For Sale signs must be located on a lot and not on road right of way and they may not exceed three square feet. Rental signs must be attached to the structure and may not exceed two square feet. Any sign naming a house must be affixed to the house.12, All lots and improvements thereon shall be maintained in good order. 13, These restrictions shall be deemed covenants running with the land and shall inure to the benefit of and be enforceable by Declarant and all lot owners and all persons claiming under them. Upon the violation of any covenant contained herein, the person or entity wishing to enforce the covenant may pursue any and all legal remedies, including seeking an injunction from a court of competent jurisdiction. In the case of a legal action to enforce the covenants, the prevailing party shall be entitled to collect attorney's fees and related costs. 14, These covenants may be amended upon approval as required in the by-laws of the homeowners” association, 15, Fences no higher than six feet above grade may be permitted by the ACC beside or behind a house. No fence shall be permitted in front of a house unless required by building codes around a swimming pool. Fences must be vinyl, wood or of a material approved by the ACC. 16. The Architectural Control Committee (ACC) has been established by the bylaws of HOA. The ACC has the following powers and responsibilities: a. To review and approve plans for construction on any lot in the subdivision. ACC shall review plans for compliance with the Declaration, Gulf County Land Development Regulations, and plat restrictions. b, The ACC shall review plans for any change to a lot which involves a change in the floor plan of any house, the addition of any pool or other strueture to a lot, change to a driveway, or any grading which changes the elevation of the lot as well as plans for installation of energy generating equipment. ¢. To adopt by resolution fees for review of development plans, Fee structure to be approved by the Board. d. To assess and collect fines for violation of the Declaration or the bylaws of HOA. Fines of $25 per day are hereby authorized and each day that a violation continues after notice to a lot owner shall constitute a separate violation. 17. No lot owner in the process of construction of improvements on any lot shall permit damage to the streets and roadways within the subdivision. Any lot owner permitting such damage shall pay to HOA the reasonable cost of repair of the damage. Said cost, including attorney's fees and court costs shall be a lien on any lot. The ACC ‘may promulgate reasonable rules for compliance with this section,